[Adopted 12-20-1993 by Ord. No. 922 (Ch. 21, Part 1, of the
1987 Code of Ordinances)]
As used in this article, the following terms shall have the
meanings indicated:
That person occupying the office of Building Inspector within
the Township of North Versailles as may be designated from time to
time, and shall include his representative or other person who may
be designated by the Township Board of Commissioners.
When there is an immediate threat or danger to person or
property and to abate that threat it is necessary to immediately open
a street in North Versailles Township.
Any person, corporation, partnership, limited partnership,
public utility, municipality, municipal authority or any other legally
recognized entity.
The North Versailles Authority (water) and the North Versailles
Sewer Authority (sewage).[1]
The official written approval given to an entity by the Building
Inspector allowing a street to be opened.
Method of opening or cutting into a street by use of a saw.
It shall be illegal for any entity opening a street to open or cut
into the same by use of a jackhammer.
That person occupying the office of Solicitor within the
Township of North Versailles as may be designated from time to time,
and shall include his representative or other person who may be designated
by the Township Board of Commissioners from time to time.
Any street, highway, alley, way, walkway, sidewalk or any
other improved or paved public property.
Any disturbance, cut, excavation in a street as is described in § 260-13.
A set of rules and regulations promulgated by the Township
Engineer describing and delineating the manner in which streets shall
be opened, filled and repaved, as the same shall be amended from time
to time.
The Township Building Code or BOCA code shall be that building code which is specifically set forth and described in Chapter 120, Construction Codes, Uniform, of the Code of the Township of North Versailles.
That person occupying the office of Township Engineer within
the Township of North Versailles as may be designated from time to
time, and shall include his representative or other person who may
be designated by the Township Board of Commissioners from time to
time.
No entity shall hereinafter open, dig, excavate or disturb the
surface of any part of any public street, sidewalk, way, alley or
highway in the Township of North Versailles without having first obtained
a street opening permit, as hereinafter provided, which shall define
the work to be done.
Street opening permits shall be obtained in the following manner:
A.
Every entity desiring to open a street shall make application in
writing to the Township Building Inspector on a form prepared by the
Township Building Inspector setting forth the location of the proposed
opening or excavation, the dimensions thereof, the purpose therefor
and the persons, entity, partnerships, associations, firms or corporations
doing the actual excavating work. The authorized officer of any partnership,
association, firm or corporation intending to open a street and that
entity doing the actual excavating work (if different) shall complete
and sign the application for the permit and shall be required to comply
with all the provisions of this article as hereinafter set forth.
B.
Before the application shall be approved, the entity requesting the
permit must either supply or have on file with the Township a bond.
Such bond shall be in an amount as shall be determined by the Building
Inspector to be reasonable under the circumstances to protect the
Township from damage or harm contemplated by this article; an annual
bond shall cover all street openings or excavations made or to be
made in the Township in any calendar year; the entity may furnish
a bond in an amount determined by the Township Building Inspector
to cover the proposed openings or excavations set out in the application.
Such bond shall have either corporate surety or surety approved by
the Township Solicitor and shall be conditioned to indemnify the Township
in the event of any loss, claim, suit, liability or damage that may
result from the work done by the applicant for the term of the work
and for a two-year period thereafter.
C.
Said application and bond must first be approved by the Building
Inspector.
D.
The fee for such permit shall be $25 for the first 10 linear feet
of excavation or fraction thereof, regardless of the type of street
pavement or sidewalk construction. For excavation in excess of 10
feet, the charge will be $1 per each linear foot in excess of 10 feet.
Exempt organizations as defined herein shall not be obligated to pay
such fee.
E.
Upon approval of the application by the Building Inspector, the applicant
shall receive a permit delineating the work to be performed and the
time period when it shall be completed.
F.
Such permit shall be available for inspection upon request by any
Township official or officer. It shall only be valid for the entity
described, the area defined and the time period allowed by the Building
Inspector.
[Amended 2-19-2015 by Ord. No. 1096]
Any entity opening a street must open the same by a saw cut
and shall, in addition to refilling the opening or excavation, replace
the excavation and repair the street surface in accordance with the
Township Building Code and Township street opening regulations. If,
within two years after the restoration of the surface defects shall
appear, the applicant shall immediately repair the same or reimburse
the Township for the cost of such repairs.
A.
Restoration of surfaces.
(1)
All surfaces which are opened subject to this section shall be restored
in accordance with the attached three drawings[1] identified as follows:
(a)
North Versailles Township - Trench Backfill for Asphalt Pavement
(full stone backfill) prepared by Glenn Engineering and Associates,
Ltd., dated January 5, 2015;
(b)
Typical Sidewalk Detail prepared by Glenn Engineering and Associates,
Ltd., dated October 1, 1997; and
(c)
Medium Set Concrete Curb Detail prepared by Glenn Engineering
and Associates, Ltd., dated December 22, 1997.
[1]
Editor's Note: Said drawings are on file in the Township
offices.
(2)
These specifications and drawings may be amended from time to time
based on engineering recommendations in the sole discretion of the
North Versailles Township Commissioners by simple resolution.
B.
Any materials and construction methods employed shall conform to
both (1) the Commonwealth of Pennsylvania Department of Transportation
Specifications Publication 408, current edition, and as it may be
amended from time to time, and (2) Commonwealth of Pennsylvania Department
of Transportation, Standards for Roadway Construction, Series RC-1M
to 100M, current edition, and as it may be amended from time to time.
Both publications are incorporated into and made a part of this section.
C.
If there is a conflict in interpretation between any of the three
sources above described, the one setting the most stringent obligations
shall govern.
No part of a street shall be tunneled under or undermined, except
in such case as may be specifically approved by the Township Building
Inspector and the Township Engineer.
Whenever the opening exceeds the area which is described in
the permit or the work cannot be completed within the time allowed
or another entity is to do the work, an extension or amendment must
be secured to cover such contingency. The Building Inspector, in his
discretion, may adjust the fee and bond. Failure to secure such an
extension shall result in the avoidance of the permit.
The Building Inspector shall verify the extent of the opening
and shall inspect and generally supervise the work; he shall have
full, plenary authority to oversee, direct or stop the work. In the
event that it becomes necessary for the Township Engineer to supervise
or inspect or for any reason become involved in any street opening
beyond the scope of the regular Building Inspector's duties,
then the entity opening the street shall be responsible to reimburse
the Township for all such reasonable charges made by the Township
Engineer.
In the case of an emergency due to any leak, explosion or other
accident in any subsurface pipe, line, construction or apparatus,
it shall be lawful for the entity owning or responsible for such pipe,
line, construction or apparatus to commence an excavation to remedy
such condition prior to securing a permit, provided that application
for a permit shall be made no later than the next business day and
all provisions of this article are met.
No permit shall confirm upon the entity the right to cut, remove
or destroy trees or shrubbery except as the Building Inspector may
prescribe in the permit.
All excess or excavated materials shall be promptly removed
from the street or highway by the entity receiving the permit and
shall be lawfully disposed of.
Any entity granted a permit to make a street opening in the
Township shall at all times maintain suitable barricades and guards,
and display proper warning signals, signs and flags in accordance
with PennDOT regulations; it shall further provide all necessary watchmen
to prevent injury to any person or vehicle by reason of the work.
Such barricades shall be protected and appropriately illuminated with
sufficient lights. Streets and highways must be kept open for traffic
at all times except when otherwise ordered or approved by the Building
Inspector and Chief of Police of North Versailles Township.
It shall be the entity's responsibility to contact each
utility or other entity which has any facility in such street or highway
which has been legally recorded, or of which the entity has knowledge.
A.
Every entity opening a street shall be responsible for the excavations
made, and shall defend, indemnify and hold the Township, its agents,
officers and assigns harmless from any and all losses, costs, damages
arising out of any act of commission or omission by the entity in
the performance of its work and shall further reimburse the Township
for any costs or fees it incurs due to claims made.
B.
Every entity opening a street shall obtain and supply proof that
it has in effect at the time the work is being performed adequate
and suitable workers' compensation insurance and full and complete
public liability insurance covering all operations with minimum liability
coverage of $1,000,000.
Any entity violating any portion or provision of this article
shall be deemed to be guilty of a summary offense and shall be subject
to a fine of not more than $1,000 for each offense; in default of
payment of such fine and costs, such violating entity may be confined
to the Allegheny County Jail for period not exceeding 30 days for
each offense. Each day of violation of this article shall be deemed
to be a separate offense.
