Township of Aleppo, PA
Allegheny County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Commissioners of the Township of Aleppo as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Numbering of buildings — See Ch. 141.
Grading and excavation — See Ch. 208.
Property maintenance — See Ch. 290.
Vehicles and traffic — See Ch. 385.
[Adopted 1-13-1998 by Ord. No. 193]

§ 343-1 Street openings and pavement cuts.

A. 
Permit required. It shall be unlawful for any person, firm, corporation or utility to make, enlarge or modify any opening or excavation of any kind in or under the surface of any street within the Township of Aleppo, except under such conditions and regulations relating to the installation and maintenance, without first securing a permit in accordance with the provisions of this article.
B. 
Emergency openings/cuts.
(1) 
No pipes, lines or other underground facilities shall be laid upon or in any portion of a public roadway without a permit; provided, however, that any maintenance of such pipes, lines, or underground facilities, when emergency circumstances demand the work to be done immediately, may proceed without a permit. In such cases where emergency openings are necessary, the Township shall be notified prior to such openings in one of the following manners:
(a) 
Fax notification.
(b) 
Telephone notification.
(c) 
PA One Call.
(2) 
The person, firm, corporation or utility shall apply for a permit on the first regular business day on which the Township offices are open to the public, and such permit shall be retroactive to the date when the work was begun.

§ 343-2 Driveways.

A. 
Permit required. It shall be unlawful for any person, firm, corporation or utility to make, enlarge or modify any connection of any kind to any Township street or road, except county and state roads, within the Township of Aleppo without first securing a permit in accordance with the provisions of this article.
B. 
Access. Access to Township streets and roads shall:
(1) 
Be designed so that the grade at the intersection with the street or road will not cause a vehicle to drag or hang up.
(2) 
Be designed so that no portion of any driveway shall exceed a grade of 15% unless approved by the Township.
(3) 
Be reviewed by the Township Police Department, in addition to the Township staff and Engineer.
(4) 
Provide the maximum amount of site distance, in each direction, as possible; the acceptable site distance will be as determined by the Township Police Department.

§ 343-3 Permit restrictions; revocation.

A. 
Limits.
(1) 
No work of any kind shall be performed beyond that which has been authorized by the permit. If the permittee desires to perform additional work, not in excess of an amount greater than 10% of the amount initially approved, the permittee may apply to the Township for an amended permit for the additional work. The bond or deposit submitted with the original permit shall be deemed to cover any such additional work.
(2) 
If the additional work desired to be performed by the permittee exceeds 10% of the amount in the original permit, an application for a new permit shall be made. Additional application fees shall accompany the new application; however, the bond or deposit posted with the original permit shall be deemed to cover any such additional work as may be added.
B. 
Time limitations.
(1) 
Work for which a permit has been issued shall commence within 30 days after issuance of the permit. The permit shall automatically expire on the 31st day unless the permittee applies for an extension of time within which to commence work. If such an extension is granted, the original permit shall remain in force for the period of time specified in the extension.
(2) 
Permits which terminate by reason of failure to commence work within 30 days, or within any extension of time granted, may be renewed only upon the payment of an additional permit fee as required.
(3) 
If the Township determines that failure to complete the work under the permit within the time specified was due to circumstances reasonably beyond the control of the permittee, and not contrary to the public interest, the permittee may be granted additional time for the completion of the work.
C. 
Revocation of permits.
(1) 
Any permit may be revoked by the Township, after notice to the permittee, for:
(a) 
Violation of any condition of the permit or of any provision of this article;
(b) 
Violation of any other applicable provision of the Municipal Code, or any laws relating to the work;
(c) 
Existence of any condition or the doing of any act constituting or creating a nuisance or endangering the life or property of others.
(2) 
Written notice of any such violation or condition shall be served upon the permittee or his agent engaged in the work. The notice shall contain a brief statement of the reasons for revoking the permit. Notice may be given either by personal delivery or certified or registered mail.
(3) 
The permittee shall be granted a period of three days from the date of the notice to correct the violation.
(4) 
When any permit has been revoked, and the work authorized by the permit has not been completed, the Township shall do, or cause to be done, such work as may be necessary to restore the street, or part thereof, to as good a condition as before the opening was made. All expenses thereby incurred by the Township shall be recovered from the deposit or bond the permittee has made or filed with the Township.

§ 343-4 Application for permit.

The application for a permit shall be on a form prescribed by the Township. No work shall begin until such application has been approved by the Township and the permittee has paid and provided all required fees, deposits, certificates and bonds.
A. 
Requirements. A complete application shall include:
(1) 
The application form.
(2) 
An application fee of $15.
(3) 
Additional requirements:
(a) 
Three copies of plans for street opening and/or pavement cuts which show the work to be performed, including:
[1] 
Dimensions of road cartway and right-of-way.
[2] 
Dimensions of proposed work.
[3] 
Location of proposed work.
[4] 
Construction material.
(b) 
Two copies of plans for a driveway which show:
[1] 
Proposed location of driveway.
[2] 
Dimensions of driveway.
[3] 
Construction materials of driveway.
[4] 
Approximate site distance along the Township road or street as measured 10 feet from the edge of the cartway.
(4) 
An inspection deposit ($3 per each 50 feet or part thereof of the opening or cut).
(5) 
A performance deposit (as established in § 343-5).
(6) 
A maintenance bond (as established in § 343-6).
(7) 
A certificate of insurance (as required in § 343-7).
B. 
The permittee shall keep one copy of the approved plan, as well as the original permit, on the work site.
C. 
The permittee shall provide advance notification to all possible owners/operators of underground facilities which may be endangered by the proposed opening/cut.

§ 343-5 Performance deposits.

A. 
Labor and materials deposit.
(1) 
The applicant shall deposit with the Township Secretary, prior to obtaining a permit, a sum which shall be the greater of $100 or the current prevailing cost of repair or replacement, as determined by the Township Engineer. The deposit shall be paid at the time the permit is received, and the deposit shall be used to reimburse the Township for the cost of any work and/or materials furnished by it in the event the permittee fails to restore the opening/cut properly, according to Township specifications.
(2) 
The Township shall waive this requirement insofar as it pertains to a public utility company, if such company files its corporate bond with the Township, guaranteeing payment to the Township of all costs which would otherwise be covered by, and paid out of, such deposit. In the event any public utility company elects to file such a bond, the Township shall bill such company monthly for such costs as they accrue, or they shall be paid at the time of securing each permit.
B. 
Form of deposit. The deposit may be either in the form of a certified, treasurer's or cashier's check, or in lawful money of the United States or a guarantee in a form acceptable by the Township.
C. 
Insufficient deposit. If any deposit is less than sufficient to pay all costs, the permittee shall, upon demand, pay to the Township an amount equal to the deficiency. If the permittee fails, or refuses, to pay such deficiency, the Township may institute an action to recover the same in any court of competent jurisdiction. Until such deficiency is paid in full, no additional permits shall be issued to such permittee.
D. 
Yearly deposit. Whenever any public utility or municipal authority shall anticipate applying for permits for more than one street opening or excavation per calendar year, and does not effect to file a corporate bond as provided for in Subsection A of this section, such public utility or municipal authority may post one deposit in an amount and form as provided herein for the calendar year, or part thereof, to cover the cost of any and all work.
E. 
Refund of deposit. Upon notification by the permittee that all work authorized by the permit has been completed, and after verification that satisfactory restoration of the opening has occurred, the Township Secretary shall refund to the permittee his deposit less all costs incurred by the Township in connection with said permit. In no event shall the permit fee be refunded.

§ 343-6 Bond requirements.

A. 
Maintenance bond. Each applicant, upon receipt of a permit, shall provide the Township with an acceptable corporate surety bond based upon the specifications of the Township and the provisions of this article. The amount of the bond shall be determined in relation to the cost of restoring the cut or excavation made by the permittee. The amount of the bond shall not be less than $1,000 or 20% of the total project cost, whichever is greater. The term of the bond shall begin upon the receipt of final inspection approval from the Township and shall be in place for a period of 18 months.
B. 
Default in performance.
(1) 
Upon completion of the work authorized by the permit, the permittee shall be given written notice thereof to the Township whereupon the Township Engineer shall inspect the work and, when necessary, recommend further work necessary to comply with the conditions, restrictions, and regulations prescribed by the permit.
(2) 
A written notice thereof shall be given to the permittee and shall state the work necessary to be done and the period of time deemed reasonably necessary for the completion of such work.
(3) 
After receipt of such notice, the permittee must, within the time specified, either cause the required work to be performed or, failing therein, indemnify the Township for the cost of doing the work as set forth in the notice, plus 20% for administrative expenses.

§ 343-7 Insurance requirements.

Each applicant, upon receipt of a permit, shall provide the Township with an acceptable certificate of insurance indicating that he/she is insured against claims of damages for personal injury as well as against claims for property damage which may arise from or out of the performance of the work, whether such performance be by himself/herself, his/her subcontractor, or anyone directly or indirectly employed by him/her. The amount of the insurance shall be as prescribed by the Township, in accordance with the nature of the risk involved. Public utility companies and municipal authorities may be relieved of the obligation of submitting such a certificate if they submit satisfactory evidence that they are insured in accordance with the requirements of this article.

§ 343-8 Enforcement; violations and penalties.

A. 
Enforcement. Enforcement of these provisions shall be the responsibility of the Zoning Officer and/or the Police Department.
B. 
Violations and penalties.
(1) 
Any permittee, copartnership or corporation or principal office of any corporation who, or which, shall violate any provision of this article shall be guilty of a summary offense, and, upon conviction thereof before a Magisterial District Judge, such person or the members of such partnership or corporation responsible for such violation shall be sentenced to pay a fine of not more than $1,000. Each day that a violation continues shall be considered a separate violation, and a separate fine shall be applicable.
(2) 
In the event that any person shall repeatedly violate the provisions of this article as these terms are defined under any state or federal laws in effect or, if not defined, after three such violations, or fail to adhere to notices and other provisions of this article, then such person shall be guilty of a misdemeanor, and, upon conviction thereof, such person or persons shall be sentenced to suffer imprisonment, not to exceed two years, or to pay a fine not exceeding $1,000, or both.

§ 343-9 Construal of provisions. [1]

Nothing in this article shall modify or limit the right of the state or county to require permits on state and county roads within the Township, nor shall this article be construed to limit the Township's right to order any work on any state, county or Township road to cease and desist pending proof of all required permitting having been obtained.
[1]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I).