[HISTORY: Adopted by the Board of Commissioners of the Township of South Fayette as indicated in article histories. Amendments noted where applicable.]
[Adopted 7-21-2003 by Ord. No. 7-2003]
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 indicates otherwise:
- Any person who makes application for a permit.
- Any unforeseen circumstance which calls for immediate action.
- The Township Engineer of the Township of South Fayette or his authorized deputy, representative, or inspector.
- Any person who has been issued a permit and has agreed to fulfill all the terms of this article.
- Includes any natural person, partnership, firm, association, utility, or corporation.
- Includes the entire right-of-way of a public street, public highway, public alley, public way, public road or public easement within the Township.
- STREET OPENING
- Any ditch, excavation, tunnel or opening in or under the surface of any street, or within any street right-of-way, excepting, however, work performed by any property owner or his agent or contractor within that portion of the street right-of-way abutting his property and lying between the curbline and the property line, or a line 12 inches beyond the curbline in the case of construction or repair of curbs.
- The Township of South Fayette, County of Allegheny, Commonwealth of Pennsylvania.
Permit required. It shall be unlawful for any person to make any street opening without first securing a permit therefor from the Township of South Fayette; provided, however, any person maintaining pipes, lines, or underground conduits, in or wider the surface of any street by virtue of any law, ordinance or franchise, may proceed with an excavation or opening without a permit when emergency circumstances demand the work be done immediately for the preservation of the public health, safety or welfare, provided the permit could not reasonably and practically have been obtained beforehand. Such person, however, shall thereafter apply for a permit on the first regular business day of which the office of the Township is open for business, and said permit shall be retroactive to date when work was begun.
Conditions of grant. The granting of any street opening permit shall confer a right upon the permittee, subject to the terms and conditions of the permit, to temporarily occupy and use the street surface during the course of construction work covered by the permit, and to thereafter occupy the space within which the work is to be located, subject in every case to the specific right of the Township to require temporary or permanent relocation or removal of any of the facilities entirely at the permittee's expense in the event said facilities are in conflict with the Township's interest or the public interest in the use of the street.
Special conditions. In granting any permit, the Township may attach such special conditions thereto as may be reasonably necessary to protect the public and private property.
Acceptance of permit. By accepting the permit, the applicant agrees to perform the work in accordance with the terms and conditions of the permit, and of any special conditions which may be attached thereto, and to save the Township, its officers, employees and agents from any costs, damages and liabilities which may accrue by reason of the work.
Expiration of permit. Every permit issued hereunder shall expire 30 days from the date of issue thereof. If the permittee shall be unable to complete the work within the specified time, he shall, prior to expiration of the permit, present in writing to the Township a request for an extension of time, setting forth therein the reasons for the requested extension. If in the opinion of the Township such an extension is necessary, the permittee may be granted additional time for the completion of the work.
Revocation of permits. Any permit issued hereunder may be revoked by the Township after notice for violation of any condition of the permit or of any ordinance of the Township.
Township's right to complete restoration. Whenever final paving repairs are not completed to the satisfaction of the Township, the Township reserves the right, after notice to the permittee, to complete final paving repairs, including the removal of substandard work, and the permittee agrees to reimburse the Township the actual cost thereof; plus 15%. The decision of the Township to exercise its right to have final paving repairs completed shall not revoke the permit, and all other responsibilities of the permittee shall remain in full force and effect.
Application. Any person intending to make a street opening shall make written application therefor to the Township on a form provided for that purpose. No work shall be commenced until the Township has approved the application and issued a permit, excepting emergency work, as provided under § 210-3A hereof. Each application shall be accompanied by an accurate drawing clearly showing the extent of the proposed street opening and the location and depth of the subsurface facilities to be installed, and, when required by the Township, the location and depth of all other subsurface facilities in the vicinity of the work.
Fee and deposit. The applicant shall pay a fee or fees, and may be required to make a deposit, at the time of the issuance of the street opening permit, as follows:
Penalty fee. A penalty fee amounting to $1 for each lineal foot of street opening may be charged in every case when application is made to open a Township street which has been constructed, reconstructed, or resurfaced within three years prior to the date of application.
Form of security. The Township may require the filing of a security as provided for herein in the form of a certified check, a continuous bond or a letter of credit, but only as the same is approved by the Township Manager, but in no event will the security as approved be less than the sum of $5,000 or in such greater sum as approved by the Township Manager. Said security to be posted with the Township of South Fayette is conditioned for the refilling of the ditch that has been opened or excavation that has been made and the replacement and restoring of the pavement or surface of the pavement, street, alley, cartway, or walkway or excavated and in accordance with provisions hereinafter more fully set forth.
Insurance. The applicant shall furnish certificates of insurance as required by the Township Manager.
Inspection. The work shall be subject at all times to inspection by the Township or its agents. Application fee includes that cost of two inspections. When in the course of enforcing or complying with the provisions of the requirements of this article for a street opening permit, any costs that are incurred by the Township for inspection(s), testing and/or reports, additional meetings or review beyond the two inspections or the requirement for special consultants or tests the Township shall invoice the applicant for the same and amount shall be rendered within 30 days of receipt of such invoice. Failure to make prompt payment will result in the withdraw of all current and future permit applications.
General. Unless specifically permitted by the Township:
No street opening shall extend across more than 1/2 of the cartway at one time.
Two-way traffic shall be maintained, where possible.
Access to driveways and/or buildings abutting the street shall be maintained, where possible.
Not more than 250 lineal feet of any street shall be opened at any one time.
Special. The permittee shall locate in advance of excavation all surface and subsurface utility lines and structures, and shall take all precautions necessary to avoid damage to other utility lines and to public and private property. In the event damage does occur to property of others, the permittee shall promptly and satisfactorily repair all damage and restore the property to a satisfactory condition.
Provisions shall be made to accommodate the flow of storm drainage, and no excavated material or trench shall be permitted to interfere with the normal flow of surface water.
Traffic control shall be maintained in accordance with Pennsylvania Department of Highways Publication 203 and the permittee shall furnish and maintain upon the work such signs, barricades, lights and flagmen as may be necessary to properly protect the public.
If blasting is performed, such operations shall be in charge of experienced persons only, and shall be carried out in strict accordance with federal, state, county or municipal laws or regulations governing the same. In addition, the applicant must secure a blasting permit from South Fayette Township.
The permittee shall be responsible to notify the Township Fire and Police Departments and other public utility companies of the proposed work, stating the nature and location of the work to be done, and shall keep all said parties informed of the progress of the work. When access to abutting properties is to be denied, the permittee shall notify the affected parties in advance.
Pavement cuts; excavation and backfill.
Cuts through bituminous wearing surfaces shall be scored on a neat, straight line to the full trench width, using either a pneumatic spade or a concrete saw. Cuts through Portland cement concrete with a clean, straight break.
Excavated material shall be laid compactly alongside the trench and kept trimmed up to cause as little inconvenience as possible to public travel. Pedestrian crosswalks shall be kept clean and free of obstructions, and, where necessary, temporary bridging or plank walkways shall be provided. Excavated material not suitable for backfill shall be immediately loaded into trucks and removed as excavation is in progress. Construction materials shall not be stored in the public street except immediately in advance of installation. Loose earth and stone shall be promptly cleaned from the streets and sidewalks, and dust shall be regularly swept up and removed. Sidewalks of trenches shall be kept as nearly vertical as possible, and shall be properly shored and braced.
Through rock, utility lines and facilities shall be cushioned by not less than six inches of clean sand completely around and beneath the work, so that a cushion completely surrounds the work to afford protection in the event of future excavation in close proximity thereto.
Backfilling shall follow immediately after installation of the facilities, and only clean, dry earth or stone screenings shall be used. Backfill shall be compacted by vibrating or mechanical tampers only, and in layers of proper depth to insure 95% compaction. No rolling or puddling will be acceptable as a means of compaction. Excess material shall be promptly removed, and the street surface hand-swept prior to paving repairs.
Restoration of bituminous pavement.
Temporary pavement repairs shall consist of not less than eight inches of crusher waste laid on the properly compacted and evenly graded trench, mounded over the center of trench two inches, and thoroughly compacted by rolling or vibrating. The Township may require as a special condition the placing of a one-and-one-half-inch thick bituminous concrete wearing surface over temporary paving. In all cases, the permittee is responsible to maintain temporary pavement repairs in good condition, free of chuck-holes and soft spots, and to clean the street surface of any crusher waste or earth which may be carried over the street. All temporary berm repairs must be neatly graded.
Final pavement restoration shall be made only when weather conditions are suitable but in no case shall temporary restoration remain in place longer than 30 days without Township written permission. All final pavement restoration shall be carried out as follows: All temporary paving, crusher waste and earth shall be removed to a depth 10 1/2 inches below finished street paving grade. Any soft or spongy spots shall be removed to firm bearing and replaced with crusher waste and thoroughly compacted. Edges of original paving shall be sawcut back on a straight line so that not less than six inches of undisturbed subgrade is exposed, forming a shoulder or ledge along either side of the trench. Edges of existing paving shall be neatly cut to expose a sound, vertical face, and the shoulder area shall be fully excavated to the required ten-and-one-half-inch depth, regardless of the depth of existing street paving. The entire width of trench and cutback shoulder area shall be fine-graded and rolled or vibrated to an even grade 10 inches below the adjacent street surface.
Final pavement repair shall consist of one of the two following types, the choice as to which type to be made by the Township:
An eight-inch-thick plain Portland cement concrete base course and a two-and-one-half-inch thick ID2 bituminous concrete wearing surface. Edges sealed with a PennDot-approved seam sealer.
A six-inch-thick crusher waste subbase course, three-inch-thick bituminous concrete base course and one-and-one-half-inch-thick ID2 bituminous concrete wearing surface. Edges sealed with a PennDot-approved seam sealer.
Restoration of other surfaces. Requirements for permanent repairs to surfaces other than bituminous macadam will be determined by the Township in each specific case. In general, final restoration shall be equal to or greater than the original surface.
Yard/berm restoration. The applicant will be responsible to repair, replace and/or improve any disturbed area to an equal and/or greater condition than prior to disturbance. In grassy areas, the applicant will place a minimum of six inches of topsoil (rolled and compacted with an approved device) on the areas. The soil supplement (10-20-20) and the seed will be PennDOT Formula B mix and wood-cellulose as mulch (straw or hay will not be permitted). The applicant will be responsible for the first growth of the formula B mix. The applicant will use whatever methods are necessary to insure this first growth. Failure to achieve this first growth within a reasonable period of time will require reseeding and mulching of the affected areas. The applicant will be responsible for maintaining the seed areas in the event of heavy rains or windy conditions.
Special restoration requirements. Wherever unusual conditions exist, or arise during construction, the Township may change the permanent restoration requirements from those given herein. In all cases, marks of construction beyond the area of actual trench shall be satisfactorily restored. In cases where a substantial portion of the original street paving is removed or damaged, the Township may require the permittee to resurface the entire street area, in addition to constructing the final paving repairs over trench areas. The Township may also elect to accept payment from the permittee to the Township for final paving repairs, in a sum to be determined by the Township based upon then-current costs for such work plus 15%, and to apply the sum so paid toward the cost of reconstruction of the entire street.
Future maintenance. The permittee shall be responsible to correct any trench settlement or deterioration in the final paving work. Such responsibility is without limitation during the first two years after the date of the final completion certificate. Thereafter, settlement of the trench area shall remain the general responsibility of the permittee to repair, unless a specific release is given by the Township.
Computation of security. The Township shall determine the amount of the security to be made by the permittee, basing the amount upon the current prices for similar street repaving work to which amount shall be added the cost of any additional work which might be necessary to restore the street to acceptable condition, plus the estimated costs of inspection and the estimated costs of any other services which the Township might have to perform during the course of the work.
Form of deposit. The deposit may be in the form of cash, certified treasurer's or cashier's check or surety bond made payable to the Township. The surety bond must be written by a reputable surety company licensed to do business in the Commonwealth of Pennsylvania, and this bond shall be conditioned upon the payment of all charges required by this article. Such bond must be approved by the Township Solicitor as to form.
Refund or insufficiency. Upon completion and final inspection of the work, the Township in connection with the permit, to which the Township may add any reasonable sum to cover anticipated costs of future maintenance. The Township shall thereupon refund to the permittee any amount of security in excess of that computed as aforesaid, or if the security is found to be insufficient, the permittee shall immediately pay to the Township an amount equal to the deficiency. If the permittee fails or refuses to pay such deficiency upon demand, the Township may recover the same by action in any court of competent jurisdiction. Until such deficiency is paid in full, additional permits may be denied such permittee.
Final completion certificate. After final inspection and acceptance of the work, and after payment of any refund or collection of any insufficiency due, the Township shall issue a final completion certificate. The date of such final completion certificate shall fix the two-year time period during which the permittee absolutely is responsible for maintenance of permanent pavement repairs and trenches.
The certificate of insurance required of the applicant under § 210-3C of this article shall indicate that he is insured against claims for damages for personal injury as well as against claims for property damages which may arise from or out of the performance of the work, whether such performance be by himself, his subcontractor, or anyone directly or indirectly employed by him. Such insurance shall include protection against liability arising from completed operations. Such insurance shall provide complete third-party coverage for the Township of South Fayette. The amount of such insurance shall be prescribed by the Engineer in accordance with the nature of the risks involved: provided, however, that the liability insurance for bodily injury in effect shall be in an amount not less than $100,000 for each person and $300,000 for each accident and for property damages an amount not less than $50,000. Failure of applicant to file such certificate shall be grounds for denying a permit.
Penalties. Any person violating any provision of this article shall, upon conviction thereof, be sentenced to pay a fine of not more than $1,000 and costs of prosecution, and, in default of payment of such fine and costs, to imprisonment for not more than 30 days. Provided each violation of any provision of this article, and each day the same is continued, shall be deemed a separate offense.
Validity. The provisions of this article are severable. If any section, clause, sentence, part or provision thereof shall be held illegal, invalid or unconstitutional by any court of competent jurisdiction, such decision of the court shall not affect or impair any of the remaining sections, clauses, sentences, parts or provisions of this article. It is hereby declared to be the intent of the Board of Commissioners that this article would have been adopted, if such illegal, invalid or unconstitutional section, clause, sentence, subsection, word or part had not been included therein.
That the Township Secretary shall certify to the adoption of this article, and cause the same to be published as required by law; and this article shall take effect and be in force from and after its approval as required by law.
This article was ordained and enacted at a regularly constituted, duly convened meeting of the Board of Commissioners of South Fayette Township, this 21st day of July, 2003.