[Adopted 3-11-1985 by Ord. No. 8-1985]
A.
APPLICANT
EMERGENCY
PERMITTEE
PERSON
STREET
TOWNSHIP
The following words, when used in this article, shall
have the meanings ascribed to them in this section, except in those
instances where the context clearly indicated otherwise:
Any person, as defined below, who makes application for a
permit.
Any unforeseen circumstance which calls for immediate action.
Any person, as defined below, who has been issued a permit
pursuant to the terms of this article.
Includes any natural person, partnership, firm, association,
utility, corporation, municipal corporation, municipal authority,
municipal agency or any political subdivision whatsoever.
Any public street, avenue, road, square, alley, highway or
other public place located in the Township of Allegheny and established
for the use of vehicles.
The Township of Allegheny, County of Westmoreland and Commonwealth
of Pennsylvania and, where applicable, shall include the Board of
Supervisors and other Township officials thereof.
B.
In this article, the singular shall include the plural
and the masculine shall include the feminine and the neuter.
[Amended 1-10-2005 by Ord. No. 2-2005]
It shall be unlawful for any person to make
any opening or excavation of any kind in or under any street without
first securing a permit from the Township Manager for each separate
undertaking. Any person making application for a permit shall agree
to the terms of this article, as hereinafter provided. A permit fee
as set by the Pennsylvania Department of Transportation shall be charged
the applicant for each opening or excavation application.
It shall be the duty of the applicant to comply
with the following express conditions and provisions before a permit
shall be granted:
A.
A written application on the official form provided
for this purpose by the Township Manager shall be filed for each and
every opening and signed by the applicant.
B.
The applicant shall set forth the purpose of such
opening.
C.
The applicant shall establish the date or dates during
which such opening is to be permitted, including date and time which
the opening is to be refilled and temporarily resurfaced.
D.
The applicant shall furnish a handwritten sketch upon
which the street, avenue, road, square, alley, highway or other public
place shall be shown together with the approximate location, direction
and length of the proposed opening and the estimated length, width
and depth of said opening.
E.
The applicant shall take out and maintain public liability
and property damage insurance in an amount sufficient to indemnify
and save harmless the Township of and from all liability for damages
or injury done to persons and property which may be incurred by reason
of such opening or any failure to properly protect, maintain, light,
backfill; and/or otherwise properly affect the same. The insurance
shall not be in an amount less than $250,000 for injury to property
and $1,000,000 for injury to a single person and $1,000,000 for injury
to the total number of persons involved in any accident.
[Amended 1-10-2005 by Ord. No. 2-2005]
F.
The applicant shall deliver to the Township a deposit or bond in the amount set by the Township Engineer. This amount shall be calculated according to § 219-20 of this article. It shall never be less than $500.
G.
The applicant shall agree to be responsible for such
opening for at least one year after the date of the permanent resurfacing
or until such time as the opening is accepted by the Township, whichever
is shorter.
Whenever any public utility or municipal authority
maintaining underground facilities shall contemplate more than one
street opening or excavation per calendar year, it may post a bond
for the calendar year or part thereof to cover any and all work. In
any case the bond shall be approved by the Township Board of Supervisors.
The first permit for the calendar year shall be issued only if and
when the public utility or municipal authority shall present to the
Township a revised and up-to-date map of its underground facilities.
The applicant shall secure a permit for each and every street opening.
In cases of emergency the Police Department shall be notified and
a permit shall be secured on the first official work day thereafter.
The Township Engineer, upon receipt of the properly
completed application, shall compute the bond or the deposit to be
made in behalf of the Township to reimburse said Township for any
cost of work and materials furnished for the backfilling or refilling
the opening or excavation and the restoring of the surface or replacing
the pavement over any such opening or excavation, together with any
expenditure for labor or material subsequently necessitated in the
maintenance, repairing or resurfacing of any such opening in the street
for a period of one year from date of completion, so as to leave any
such street in as good a condition as it was before such excavation
or opening. The amount calculated for the bond or the deposit shall
include the estimated inspection and engineering costs and any other
costs and expenses that may be directly charged to the opening or
excavation of the street. The estimated amount calculated for deposit
shall be increased by 25% to determine the deposit or bond amount.
A.
The permittee shall take every necessary and reasonable
precaution to keep the street in a safe and passable condition both
day and night by guards, barriers, lights and other devices.
B.
No opening in any street shall extend beyond the center
line of the street before being refilled and the surface of the street
restored to a condition safe and convenient for travel.
C.
No more than 250 feet measured longitudinally shall
be opened in any street at any one time.
D.
No tunneling shall be allowed without express approval
of the Township and permission therefor endorsed on the permit.
E.
Excavated or other material shall be placed or stored
on the side of the operation farthest from the pavement, unless otherwise
designated by the Township Engineer, and in such manner that there
will be no interference with the flow of water and/or traffic.
F.
Where a pipe drain, pipe culvert, or other structure
or facility is encountered, it shall be replaced, restored, strengthened
or protected by the permittee.
G.
No refilling of such excavation or opening shall be
accomplished unless or until the Township Engineer shall be present.
H.
All openings and excavations shall be backfilled promptly
with suitable materials and thoroughly compacted in layers according
to Township specifications and as the Township Engineer shall direct.
I.
Temporary surfacing shall be maintained for a period
of at least two weeks free of depressions. After that length of time,
the temporary surfacing is to be removed and replaced with the surfacing
similar to and harmonizing with the surface destroyed. It shall be
accomplished under the direction of the Township Engineer and in conformity
with Township specifications.
J.
All restored surfaces must be installed in accordance
with specifications of the Township as shown in the Township road
restoration detail and as approved and directed by the Township Engineer.
K.
In no case shall any opening or excavation made by
a permittee be considered in the charge or care of the Township or
of any officer or person employed by the Township, and no officer
or employee is authorized in any way to take or assume any jurisdiction
over any such opening or excavation, except in the exercise of police
power, where and when it is necessary to protect life and property.
After one year the permanent restoration of
the opened or excavated street shall be inspected by the Township
Engineer, who, if restoration shall be satisfactory and up to Township
specification, shall certify that such work is accepted by the Township.
Upon certification by the Township Engineer of acceptance of the work,
the permittee shall be refunded his deposit less all expenses and
costs incurred by the Township, including, but not limited to, inspection,
engineering and solicitor costs and fees incurred by the Township.
The Township Engineer or any other authorized
employee of the Township shall have the right to inspect and supervise
all work done under a street opening permit and shall see that all
terms and conditions of this article are enforced and shall have the
power and is hereby directed to prosecute every person violating any
of the provisions contained herein. Such supervision and inspection
shall be done at the sole expense of the permittee.
If the work in the opening of a street shall
not be promptly done or shall be unskillfully, improperly or incompletely
done, the Township reserves the right to:
A.
Stop work until such time as an additional bond or
deposit is made to the Township in an amount set by the Township Engineer
in accordance with this article; or
B.
Demand permittee to perform said work in a manner
the Township deems proper, and all expenses and costs thereof shall
be the sole expense of permittee; or
C.
Have the Township Engineer and work forces take over
the work and complete the work in a skillful, proper and acceptable
manner whereupon the permittee shall be charged the actual cost of
completion of the work including inspection, engineering and solicitor
costs and fees.
Any person who violates or permits a violation
of this article shall, upon conviction in a summary proceeding brought
before a District Justice under the Pennsylvania Rules of Criminal
Procedure, be guilty of a summary offense and shall be punishable
by a fine of not more than $1,000, plus costs of prosecution. In default
of payment thereof, the defendant may be sentenced to imprisonment
for a term not exceeding 90 days. Each day or portion thereof that
such violation continues or is permitted to continue shall constitute
a separate offense, and each section of this article that is violated
shall also constitute a separate offense.
