[Adopted 10-10-1979 by Ord. No. 94]
It shall be unlawful for any person, firm or
corporation to open or to make any excavation for any purpose in any
street, avenue or other public place in the Township without having
obtained a permit as is herein required or without complying with
the provisions of this article or in violation of or variance from
the terms of any such permit.
It shall be unlawful for any person, firm or corporation to drill any hole for any purpose in any street, avenue or other public place in the Township unless said drill hole is plugged with a rubber stopper immediately after the cessation of said work. Within one working day after a hole is drilled in any street, avenue or other public place, a permit as required in § 300-10A(3) of this article must be obtained. However, if said drill hole or any number of drill holes leads to an excavation within four months of said drilling, then the permit under § 300-10A(1) and (2) of this article.
Applications for such permits shall be made
to the Township Secretary, and shall describe the location of the
intended excavation or opening, the size thereof, the purpose thereof
and the person, firm or corporation doing the actual excavating work
and the name of the person, firm or corporation for whom or which
the work is being done, shall contain an agreement that the applicant
will comply with all ordinances and laws regulating to the work to
be done. If the name of the subcontractor is not known at the time
application for a permit is made, then the permit becomes conditional
until such time the name of the subcontractor is made known to the
Township Secretary.
A.
The fees for the following permits shall be established
by resolution of the Board of Supervisors:[1]
B.
The fee schedule shall be reviewed by the Township
Supervisors during January of each year in order to determine if an
adjustment of the permit fees shall be made based on actual costs
incurred for administration of this article.
All construction and related work shall be performed
in accordance with all applicable federal, state and local laws, rules
and regulations.
No such permit shall be issued unless and until
the applicant therefor has filed with the Township Secretary a bond,
in an amount sufficient to indemnify the Township for any loss, liability
or damage that may result or accrue from or because of the making,
existence or manner of guarding or constructing any such opening or
excavation. Such bond shall have as surety a corporation licensed
to do business in the state as a surety company. Utility companies
may file their bonds without surety. The amount of the bond shall
be determined by the Township Engineer and the Township Road Foreman;
for individual openings for an unlimited number of openings, the bond
shall be for $50,000.
A.
It shall be unlawful to make any such excavation or
opening in any way contrary to or at variance with applicable federal,
state and local laws, rules and regulations. Proper bracing shall
be maintained to prevent the collapse of adjoining ground, and in
excavations, the excavation shall not have anywhere below the surface
any portion which extends beyond the opening at the surface.
B.
No willful or intentional injury shall be done to
any pipe, cables or conduits in the making of such excavations or
tunnels, and notice shall be given to the persons maintaining any
such pipes, cables or conduits to the Township Engineer or Road Foreman
charged with the care thereof, which are or may be endangered or affected
by the making of any such excavation or tunnel, before such pipes,
cables or conduits shall be distributed. No unnecessary damage or
injury shall be done to any shrub or tree or the roots thereof.
If any sidewalk is blocked by any such work,
a temporary sidewalk shall be constructed or provided which shall
be safe for travel and convenient for users.
A.
Any person, firm or corporation making any excavation
or opening in or under any public street, avenue or other public place
in the Township shall restore the surface to its original condition,
if there is no pavement there. Backfills shall be properly tamped
down, and any bracing in such opening or excavation must be removed.
B.
Any opening in a paved or improved portion of a street
shall be repaired and the surface relaid by the applicant, in compliance
with all applicable federal, state and local laws, rules and regulations,
and under the inspection of the Township Road Foreman.
The Township Road Foreman shall, from time to
time inspect or cause to be inspected, all excavations and openings
being made in or under any street, avenue, or other public place in
the Township and see to the enforcement of the provisions of all applicable
federal, state and local laws, rules and regulations.
A.
It shall be the duty of every person cutting or making
an excavation in or upon any public street, avenue or sidewalk or
other public place, to place and maintain barriers and warning devices
necessary for the safety of the general public.
B.
Barriers, warning signs, lights, etc., shall conform
to the requirements of all applicable federal, state and local laws,
rules and regulations.
C.
The permittee shall take appropriate measures to assure
that during the performance of the excavation work, traffic conditions
as near normal as possible shall be maintained at all times so to
minimize inconvenience to the occupants of the adjoining property
and to the general public.
D.
When the traffic conditions permit, the Township Police
Chief may authorize the closing of streets or avenues to all traffic
for a period of time prescribed by him, if it becomes necessary. Such
approval may require that the permittee give notification to various
public agencies and to the general public. In such cases, such approval
shall not be valid until such notice is given.
E.
Warning signs shall be placed for enough in advance
of the construction operation to alert traffic within a public street,
and cones or other approved devices shall be placed to channel traffic
in accordance with appropriate federal, state and local laws, rules
and regulations.
This article shall not be construed as imposing
upon the Township or any official or employee any liability for damages
to any person injured by the performance of any excavation work for
which an excavation permit is issued hereunder, nor shall the Township
or any official or employee thereof be deemed to have assumed any
such liability or responsibility by reason of inspections authorized
hereunder, the issuance of any permit or the approval of any excavation
work.
The excavation work shall be performed and conducted
so as not to interfere with access to fire hydrants, fire stations,
fire escapes, water gates, ground vaults, valve housing structures
and all other vital equipment.
The permittee shall maintain safe crossings
for two lanes of vehicle traffic at all street intersections where
possible and safe crossings for pedestrians. If any excavation is
made across any public street, avenue or sidewalk or other public
place, adequate crossing shall be maintained for vehicles and for
pedestrians.
The permittee shall not interfere with any existing
Township-owned or -operated facility without the written consent of
the Township Engineer. No facility owned or operated by the Township
shall be moved to accommodate the permittee unless the cost of such
work be borne by the permittee. The permittee shall support and protect
by timbers or otherwise all pipes, conduits, poles, wires, or other
apparatus which may be in any way affected by the excavation work
and do everything necessary to support, sustain and protect them under,
over, along and across said work. The permittee shall perform said
work in accordance with all applicable federal, state and local laws,
rules and regulations. In case any of said pipe coating or other encasement
or devices are to be considered as part of a substructure, the permittee.
It is the intent of this section that the permittee shall assume all
liability for damage or injury to anyone because of such facility
damage, and such assumption of liability is the legal obligation of
the permittee. The permittee shall inform itself as to the existence
and location of all underground facilities and protect the same against
damage.
Whenever the use of substructure is abandoned,
except the abandonment of service lines designed to serve single properties,
the person owning, using, controlling, or having an interest herein
shall, within 30 days after such abandonment, file with the Township
Road Foreman a statement in writing giving in detail the location
of the substructure so abandoned. If such abandoned substructure is
in the way, or subsequently becomes in the way, of an installation
of the Township or any other public body, which installation is pursuant
to a governmental function, the owner shall remove such abandoned
substructure or pay the cost of its removal during the course of excavation
for construction of the facility by the Township or any other public
body.
The permittee shall, at all times and at his
or its own expense, preserve and protect from injury any adjoining
property by providing proper foundations and taking other measures
suitable for the purpose. Where, in the protection of such property,
it is necessary to enter upon private property for the purpose of
taking appropriate protecting measures, the permittee shall obtain
consent from the owner of such private property for such purposes,
and if he cannot obtain such consent, the Township Road Foreman may
authorize him to enter the private premises solely for the purpose
of making the property safe. The permittee shall, at its own expense,
shore up and protect all buildings, walls, fences, or other property
likely to be damaged during the progress of the excavation work and
shall be responsible for all damage to public or private property
or highways resulting from its failure to properly protect and carry
out said work. Whenever it may be necessary for the permittee to trench
through any lawn area, said area shall be reseeded or the sod shall
be carefully cut and rolled and replaced after ditches have been backfilled
as required in this article. All construction and maintenance work
shall be done in a manner calculated to leave the lawn area clean
of earth and debris and in a condition as nearly as possible to that
which existed before such work began. The permittee shall not remove,
even temporarily, any trees, or shrubs which exist in the parking
strip area without first obtaining the consent of the appropriate
Township department or Township official having supervision of such
property.
Only that material excavated which is suitable for backfilling according to § 300-29 of this article shall be piled and maintained in such manner as not to endanger those working in the trench, pedestrians or users of the street and so that as little inconvenience as possible is caused to those using streets and adjoining property. Where the confines of the area being excavated are too narrow to permit the piling of excavated materials to a storage site and then rehaul it to the trench site at the time of backfilling. It shall be the permittee's responsibility to secure the necessary permission and make all necessary arrangements for all required storage and disposal sites. All suitable material excavated shall be laid compactly along the side of the trench and kept trimmed so as to cause as little inconvenience as reasonable possible to vehicular and pedestrian traffic, or as specified by the Township Road Foreman. Whenever necessary, in order to expedite the flow of traffic or to abate the dirt or dust nuisance, toe boards or binds may be required by the Township Road Foreman to prevent the spreading of dirt into traffic lanes.
As the excavation work progresses, all streets
shall be thoroughly cleaned of all rubbish, excess earth, rock and
other debris resulting from such work. All cleanup operations at the
location of such excavation shall be accomplished at the expense of
the permittee and shall be completed to the satisfaction of the Township
Road Foreman. From time to time, as may be ordered by the Township
Road Foreman and in any event immediately after completion of said
work, the permittee shall, at his or its own expense, clean up and
remove all refuse and unused materials of any kind resulting from
said work, and upon failure to do so within 24 hours after having
been notified to do so by the Township Road Foreman, said work may
be done by the Township and the cost thereof charged to the permittee,
and the permittee shall also be liable for the cost thereof under
the surety bond provided thereunder.
A.
The permittee shall adequately keep all gutters and
swells free and unobstructed from debris and other objects. Whenever
a gutter or swell crosses an intersecting street, adequate waterway
shall be provided and at all times maintained.
B.
The permittee shall make provisions to take care of
all surplus water, muck, silt, slickings, or other runoff pumped from
excavations or resulting from sluicing or other operations and shall
be responsible for any damage resulting from its failure to so provide.
A.
Heavy-duty pavement breakers may be provided by the
Township Road Foreman when the use endangers existing substructures
or other property.
B.
Saw cutting of Portland cement concrete may be required
when the nature of the work or the condition of the street warrants.
When required, the depth of the cut shall be less than one inch in
depth; however, depths greater than one inch may be required by the
Township Engineer or the Township Road Foreman when circumstances
warrant. Saw cutting may be required by the Township Engineer or Township
Road Foreman outside of the limits of the excavation over cave-outs,
over breaks and small floating sections.
C.
Approved cutting of bituminous pavement surface ahead
of excavations may be required by the Township Engineer to confine
pavement damage to the limits of the trench.
D.
Sections of sidewalks shall be removed to the nearest
score line or joint.
E.
Unstable pavement shall be removed over cave-outs
and over breaks, and the subgrade shall be treated as the main trench.
F.
Pavement edges shall be trimmed to a vertical face
and neatly aligned with the center line of the trench.
G.
Cutouts outside of the trench lines must be normal
or parallel to the trench line.
No person shall, without written permission
of the Township Engineer, install any substructure, except manholes,
vaults, valve casings, culverts, and catch basins, at a vertical distance
less than:
A.
Street: 24 inches below the established flow line
of the nearest gutter. If said flow line is not established, then
the depth shall be at a minimum of 24 inches below the surface of
the nearest outermost edge of the traveled portion of the street.
B.
Other public places. The minimum depth of any substructure
in any other public place shall be 12 inches below the surface. Nothing
in this section shall impose a duty upon the permittee to maintain
said specifications as required herein upon subsequent changes of
grade in the surface unless the grade in said substructure interferes
with the maintenance of, or travel on, a public street.
A.
Only a fine aggregate or granulated material which
is free from lumps and nonfrozen shall be used for backfilling and
shall be thoroughly compacted around and under the substructure, backfill
consisting only of a 2-A aggregate shall be placed to the subgrade
of the pavement in lifts consistent with the type of backfill involved
and the acceptable degree of consolidation specified by applicable
federal, state and local laws, rules and regulations. Broken pavement,
large stones, roots and other debris shall not be used in the backfill.
The number and size of each lift shall be dependent upon the type
of backfill involved. Such backfill shall be done in a manner that
will permit the restoration of the surface to a density condition
not less than that existing prior to excavation unless otherwise specified.
The Township Engineer may require soil tests to be furnished by a
recognized soil testing laboratory registered professional engineer
specializing in soil mechanics when, in his opinion, backfill for
any excavation is not being adequately compacted.
B.
In order for the resurfacing to be permitted, such
tests must show that the backfill material meets the minimum requirements
as prescribed by applicable federal, state and local laws, rules and
regulations. All expense of such tests shall be borne by the permittee.
The maximum opening permissible at any time
shall be in accordance with applicable federal, state and local laws,
rules and regulations.
After any excavation is commenced, the permittee
shall prosecute with diligence and expedition all excavation work
covered by the excavation permit and shall promptly complete such
work and restore the street to its original condition, or as near
as may be, so as not to obstruct the public place or travel thereon
more than is reasonably necessary.
When the traffic conditions, the safety or convenience
of the traveling public or the public interest requires that the excavation
work be performed as emergency work, the Township Road Foreman shall
have full power to order, at the time the permit is granted, that
a crew of men and adequate facilities be employed by the permittee
24 hours a day so the end of that such excavation work may be completed
as soon as possible.
Nothing in this article shall be constructed
to prevent the making of such excavation as may be necessary for the
preservation of life or property or for the location of trouble in
conduit or pipe, or for making repairs, provided that the person making
such excavation shall apply to the Township Secretary for such a permit
on the first working day after such work is commenced.
Each permittee shall conduct and carry out excavation
work in such a manner as to avoid unnecessary inconvenience and annoyance
to the general public and occupants of neighboring property. The permittee
shall take appropriate measures to reduce, to the fullest extent practicable
in the performance of the excavation work, noise, dust, and unsightly
debris and between the hours of 10:00 p.m. and 7:00 a.m. shall not
use, except in case of emergency as herein otherwise provided, any
tool, appliance, or equipment producing noise of sufficient volume
to disturb the sleep or repose of occupants of the neighboring property.
Any monument set for the purpose of locating
or preserving the limits of any street or property subdivision, point,
or a permanent survey bench mark within the Township shall not be
removed or disturbed or caused to be removed or disturbed without
first obtaining permission in writing from the Township Supervisors
to do so. Permission to remove or disturb such monuments, reference
points, or bench marks shall only be granted upon the condition that
the person applying for such permission shall pay all expenses incident
to the proper placement of this monument by the Township.
The Township Road Foreman shall make such inspections
as are reasonably necessary in the enforcement of this article. The
Township Road Foreman shall have the authority to promulgate the cause
to be enforced and carry out the intent of this article.
Every public utility after the enactment of
this article shall maintain adequate records of its underground facilities,
except relatively minor facilities which connect a particular premises
or building to a facility serving more than one premises or building
and except oil or gas gathering or field lines.
Any person who violates or permits a violation
of this article shall, upon conviction in a summary proceeding brought
before a Magisterial District Judge 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.
