[Ord. 481, 3/10/1976, § 1]
1.
PERSON
STREET
The following words, when used in this Part, shall have the meanings
ascribed to them in this section, except in those instances where
the context clearly indicates otherwise:
Any natural person, partnership, firm, association or corporation.
Any public street, avenue, road, square, alley, highway or
other public place located in the Township of Darby and established
for the use of vehicles.
2.
In this Part, the singular shall include the plural, and the masculine
shall include the feminine and the neuter.
[Ord. 481, 3/10/1976, § 2]
It shall be unlawful for any person to open or to make any excavations
of any kind in any street in the Township of Darby except in and upon
those portions thereof established for the use of vehicles.
[Ord. 481, 3/10/1976, § 3]
It shall be unlawful for any person to open or to make any excavations
of any kind in any of the streets in the Township of Darby without
first securing a permit therefor, as hereinafter provided.
[Ord. 481, 3/10/1976, § 4]
1.
Any person
who shall desire to make any opening or excavation in any of the streets
in the Township of Darby shall make application to the Township Secretary
or his designee, in writing, for the purpose. Such application shall
be made upon blanks to be furnished by the Township and shall set
forth the name of the applicant, the exact location of the proposed
opening or excavation, and the approximate size or depth thereof,
and shall contain an agreement on the part of the applicant that the
work shall be done in full compliance with the ordinances of the Township
and the laws of the commonwealth in relation thereto and that the
applicant shall well and truly save, defend and keep harmless the
Township from and indemnify it against any and all actions, suits,
demands, payments, costs and charges for or by reason of the proposed
opening or excavation, and all damages to persons or property resulting
in any manner therefrom, or occurring in the prosecution of the work
connected therewith, or from any matter, cause or thing relating thereto.
2.
Before any permit can be issued for a street opening, the contractor
or utility company shall have the sanitary sewer line videoed before
and after the project and provide the Township with a copy of the
tape or disk.
[Added by Ord. 701, 4/11/2012]
[Ord. 481, 3/10/1976, § 5; as amended by Ord. 573,
11/26/1990; by Ord. 577, 10/9/1991; by Ord. 601, 3/9/1994; by Ord.
630, 12/9/1998; and by Ord. 689, 12/8/2010]
1.
Before any permit shall be issued to open or excavate any street
in the Township, the applicant shall pay to the Township Secretary
a permit fee in the minimum amount of $85 base fee, plus $50 for less
than 36 square feet. When applications shall be made to open or excavate
any opening or excavation in excess of 36 square feet, before any
permit shall be issued to so open or excavate, the applicant shall
pay, in addition to such minimum fee, an additional fee at the rate
of $75, plus an additional $75 for any opening in excess for every
100 linear feet.
[Amended by Ord. 711, 12/4/2013]
2.
Double Fees. In case any work for which a permit required by this
code is started or proceeded with prior to obtaining said permit,
the fee specified in this section of this code shall be doubled, but
the payment of such double fee shall not relieve any person from fully
complying with requirements of this code in execution of the work
nor from any other penalties prescribed herein.
[Ord. 481, 3/10/1976, § 6]
Any person who shall open or excavate any improved street in
the Township shall thoroughly and completely refill the opening or
excavation, puddling and ramming so as to prevent any settling thereafter,
and shall restore the surface to the same condition as it was before
the opening or excavating; and such restoration shall be in accordance
with the specifications of the Department of Transportation of the
Commonwealth of Pennsylvania, which are hereby adopted as specifications
of the Township for the purpose of restoration of surfaces of streets
in the Township; as restored, the surface shall conform to the proper
grade and be of the same surface covering as the part of the thoroughfare
immediately adjoining the opening. If, within two years after the
restoration of the surface as herein provided, defects shall appear
therein resulting from defective backfilling by the applicant, the
applicant shall reimburse the Township for the cost of all necessary
repairs to the permanent paving.
[Ord. 481, 3/10/1976, § 7]
All other work in connection with openings in any street, including
excavation, protection, refilling and temporary paving, shall be done
by the applicant at his expense, and all such work shall be subject
to the provisions of this Part and to the supervision and approval
of the Roadmaster, provided that the Roadmaster may require that cutting
of the surface of improved streets and the backfilling of all excavations
therein shall be done by the Township, and a charge therefor shall
be paid by the applicant on the basis of the actual costs of the work
plus 20%.
[Ord. 481, 3/10/1976, § 8; as amended by Ord. 696,
7/13/2011]
1.
No opening or excavation in any street shall extend from the curbline
into the highway a distance greater than one foot beyond the center
line of the street before being refilled and the surface of the highway
restored to a condition safe and convenient for travel.
2.
No more than 300 feet longitudinally shall be opened in any street
at any one time.
3.
The work of excavation shall be so conducted as not to interfere
with the water mains, sewers, or their connections with the houses,
or any other subsurface lines or constructions, until permission of
the proper authorities in connection with said subsurface lines or
constructions shall have been obtained.
4.
No tunneling shall be allowed without the express approval of the
Township Engineer and permission therefor endorsed upon the permit.
The backfilling of a tunnel excavation shall be made only in the presence
of the Township Engineer or an inspector designated by him and shall
be done only in a method approved by him.
5.
All openings or excavations shall be backfilled promptly with suitable
material and thoroughly compacted in layers, each of which shall not
exceed eight inches in depth. On improved streets, the backfilling
shall be placed to within 10 inches of the surface.
6.
On improved streets, a temporary paving in suitable stone materials,
thoroughly bound and compacted, shall be installed flush with the
surface of the adjoining paving.
7.
During the making of any excavation in any street, every necessary
and reasonable precaution shall be taken by the applicant and the
parties making the same to keep the street in a safe and passable
condition both day and night by guards, barriers, lanterns and other
devices; and all excavating permits are granted under and subject
to the express condition that the person to whom the same is issued
shall indemnify, save and keep harmless the Township from any loss
in damages, or otherwise whatsoever, which may or shall be occasioned
at any time by the said excavation, or by any leak, explosion or other
injury from any pipes, apparatus, conduits, or any other matter placed
in said excavation.
8.
The applicant shall notify the Township Roadmaster when the opening
or excavation is ready for backfilling, before any backfilling is
done and when the work is completed by proper backfilling in the case
of unimproved streets and by temporary paving in the case of improved
streets.
9.
In the event that any work performed by or for a permit holder shall,
in the opinion of the Roadmaster, be unsatisfactory and the same shall
not be corrected in accordance with his instructions within the time
fixed by him, or in the event that the work for which the permit was
granted is not completed within the time fixed by the Township Secretary,
the Township may proceed to correct such unsatisfactory work or complete
any such work not completed and charge the cost thereof, plus 20%,
to the applicant.
10.
Paving Restoration.
A.
Temporary.
(1)
After completion of trench backfill and compaction, place an
eight-inch layer of select material in two lifts and compact.
(2)
Place a two-inch course of temporary bituminous material and
compact with a roller weighing not less than eight tons. The temporary
paving shall be maintained to provide a firm and level road surface
until such time that permanent restoration is completed.
(3)
The temporary paving shall remain for a period of at least one
month or as directed.
B.
Permanent.
(1)
After expiration of the one-month period or as directed, the
paving shall be mechanically cut back 12 inches from the edge of the
trench. The area shall be excavated to a depth of eight inches, and
the subgrade shall be compacted. All excavated material shall be removed
from the site.
(2)
Place a minimum six-inch layer of bituminous concrete base course
in two lifts of three inches each. Compact each lift with a roller
weighing not less than eight tons.
(3)
Place a two-inch layer of wearing course and compact with a
roller weighing not less than eight tons.
(4)
All joints in the paving shall be sealed with a twelve-inch
wide strip of asphalt sealer applied by pressure distribution. The
sealer shall be coated with sand or cement to allow traffic movement
over point.
(5)
All striping and pavement markings shall be restored.
11.
General Requirements.
A.
If the permittee opens pavement having a bituminous concrete surface
and the wearing course is less than eight years old, the permittee
shall mill and overlay the entire width of the street in that part
of the block in which the opening(s) was (were) made, with the length
of the overlay to be determined by the Township Engineer, so that
the street is repaved and not patched.
B.
If the permittee opens pavement having a bituminous concrete surface,
regardless of the age of the wearing course, the permittee shall mill
and overlay the lane width of the street in that part of the block
in which the opening(s) was (were) made, with the length of the overlay
to be determined by the Township Engineer, so that the street is repaved
and not patched, in accordance with any one of the following conditions:
(1)
If more than 100 linear feet of longitudinal or transverse openings,
or both, are made in the pavement and the pavement has not been impaired
by any openings or defects.
(2)
If four or more openings are made by the same permittee with
100 linear feet of pavement.
(3)
If the trench width is more than 1/3 of the roadway width. The
trench width measurement shall include the required twelve-inch cutback
from the edge of the trench.
[Ord. 481, 3/10/1976, § 9]
In the case of any leak, explosion, or other accident in any
subsurface pipe, line, construction or apparatus, it shall be lawful
for the person owning or responsible for such pipe, line, construction
or apparatus to commence an excavation to remedy such condition before
securing a permit, provided that application for the permit shall
be made immediately and not later than the next business day thereafter
and that all other provisions of this Part are fully complied with.
If any such emergency condition shall not be immediately attended
to by the owner or person responsible for such pipe, line, construction
or apparatus, the Township Roadmaster, after such notice as he shall
deem necessary under the circumstances of the particular case, shall
proceed to do the work necessary and required by such emergency and
charge the same on the basis of costs plus 20% to such owner or person.
[Ord. 481, 3/10/1976, § 10; as amended by Ord.
696, 7/13/2011]
The Township Secretary shall give timely notice to all persons
owning property abutting on any street within the Township about to
be paved or improved and to all public utility companies operating
in the Township; and all such persons and utility companies shall
make all water, gas or sewer connections, as well as any repairs thereto
which would necessitate excavation of the said street, within 30 days
from the giving of such notice, unless such time is extended in writing
for cause shown by the Township Board of Commissioners. New paving
shall not be opened for a period of five years after the completion
thereof, except in case of emergency, the existence of which emergency
having necessity for the opening of such paving to be determined by
the Board of Commissioners.
[Ord. 481, 3/10/1976, § 11]
No new water or gas main shall hereafter be laid or constructed
and no existing water or gas main shall be extended in any of the
streets of the Township until the exact location thereof and the plan
therefor shall have been first approved by the Board of Commissioners
of the Township.
[Ord. 481, 3/10/1976, § 12]
Payment for all work done by the Township by the provisions
hereof shall be made by the person made liable therefor under the
provisions hereof within 30 days after a bill therefor is sent to
such person by the Township. Upon failure to pay such charges within
such time, the same shall be collectable by the Township in the manner
provided by law for the collection of municipal claims.
[Ord. 481, 3/10/1976, § 13; as amended by Ord.
572, 10/10/1990]
Any person, firm or corporation who shall violate any provision
of this Part shall, upon conviction thereof, be sentenced to pay a
fine of not more than $600, and costs, or in default of payment thereof,
shall be subject to imprisonment for a term not to exceed 30 days.
Each day that a violation of this Part continues shall constitute
a separate offense.
[Ord. 481, 3/10/1976, § 14]
The provisions of this Part shall not apply to lanes, sidewalks
or curbs or the planting poles.
