[Adopted 12-1-1992 by Ord. No. 92-13 (Ch. 21, Part 1, of
the 1992 Code)]
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 activity within the right-of-way of any street, alley
or cartway which involves cutting, breaking or disturbing the surface
thereof. In this article, the term "opening" shall have essentially
the same meaning as "excavation."
Any natural person, partnership, firm, association, corporation
or municipal authority. In this article, the singular shall include
the plural and the masculine shall include the feminine and the neuter.
Any public street, avenue, road, square, alley, highway or
other public place located in the Township of Middletown and established
for the use of vehicles, but shall not include state highways.
It shall be unlawful for any person to open or to make any excavation
of any kind in any of the streets in the Township of Middletown without
first securing a permit therefor, as hereinafter provided.
Any person who shall desire to make any opening or excavation
in any of the streets in the Township of Middletown shall make application
to the Director of Public Works in writing for that purpose. Such
application shall be made upon blanks to be furnished by the Township
of Middletown 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 of Middletown and the laws of the commonwealth
in relation thereto, and that the applicant shall well and truly save,
defend and keep harmless the Township of Middletown 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 other matter, cause or thing relating thereto.
Before any permit shall be issued to open or excavate any street
in the Township of Middletown, the applicant shall pay a permit fee
in the amount fixed according to a schedule established pursuant to
resolution. When application shall be made to open or excavate any
longitudinal opening or excavation in excess of 10 feet, before any
permit shall be issued so to open or excavate, the applicant shall
pay, in addition to such minimum fee, an additional fee at the rate
for each 100 feet or fraction thereof to be opened or excavated upon
such street, pursuant to the fee schedule.
[1]
Editor's Note: Township fee schedules are on file in the Township
Municipal Building and available to be viewed on the Township's website
at www.middletownbucks.org.
Permits shall be issued only to persons furnishing public utility
services or the owner or owners of the real property adjoining the
location where such opening or excavation is to be made.
Any permit issued hereunder shall specify the exact location
where the opening or excavation is to be made, the approximate permitted
size or depth thereof, and the time within which the work for which
the permit is granted is to be completed.
A permit may be issued to the applicant after all the requirements
therefor have been filled. If the application is disapproved, written
notice of disapproval, together with reasons therefor, shall be given
to the applicant.
The work authorized by the permit is subject to all the provisions
of the Act of December 10, 1974, P.L. 852, No. 287, 73 P.S. § 176
et seq., as amended or supplemented from time to time. It shall be
the permittee's responsibility to contact the utilities that
have recorded their facilities in compliance with said Act. A partial
list of utilities providing services in the Township of Middletown
and their office addresses may be obtained from the County Recorder
of Deeds.
Any person who shall open or excavate any street in the Township
of Middletown shall thoroughly and completely refill the opening or
excavation in such a manner as to prevent any settling thereafter,
and shall restore the surface to the same condition as it was before
the opening or excavation, 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 of Middletown for restoration of surfaces of streets
in the Township of Middletown. 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 of Middletown for the cost
of all necessary repairs to the permanent paving.
All other work in connection with openings in any street, including
excavation, protection, refilling and temporary paving, shall be done
by or for the person to whom or which the permit has been issued,
at his or its expense, and all such work shall be subject to the provisions
of this article and to the supervision and approval of the designated
official, provided that the Director of Public Works may, if he deems
it necessary to the proper performance of the work, require that cutting
of the surface of streets and the backfilling of all excavations therein
shall be done by the Township of Middletown, in which event the applicant
shall pay the actual cost of the work performed by the Township of
Middletown.
A.
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.
B.
No more than 500 feet longitudinally shall be opened in any street
at any one time.
C.
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 such subsurface lines or
constructions shall have been obtained.
D.
No tunneling shall be allowed without the express approval of the
Township of Middletown and permission therefor endorsed upon the permit.
The backfilling of a tunnel excavation shall be made only in the presence
of the Director of Public Works or an inspector designated by him
and shall be done only in a method approved by him.
E.
All openings or excavations shall be backfilled promptly with modified
2A stones and thoroughly compacted in layers, each of which layers
shall not exceed eight inches in depth. Backfilling shall be placed
to within 10 inches of the surface.
F.
A temporary paving of coldpatch premix, thoroughly bound and compacted,
shall be installed flush with the surface of the adjoining paving
and maintained for a period of 90 days.
G.
On concrete base streets, such base shall be replaced with concrete,
and the minimum size of the opening or excavation shall be 16 square
feet.
H.
During the making of any excavation in the 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 granted hereunder 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
of Middletown 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 pipe, apparatus, conduit
or any other matter placed in the said excavation.
I.
The applicant shall notify the Director of Public Works when the
opening or excavation is ready for backfilling before any backfilling
is done, when backfilling work is completed, when the temporary paving
has been installed and when the street has been permanently restored
so that inspections may be made.
J.
In the event that any work performed by or for a permit holder shall,
in the opinion of the Director of Public Works, 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
Director of Public Works, the Township of Middletown may proceed to
correct such unsatisfactory work or complete any such work not completed
and charge the cost thereof, plus 20%, to the applicant.
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 a permit shall be
made immediately and not later than the next business day thereafter
and that all other provisions of this article 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 Director of Public Works, 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 cost plus 20% to such owner or
person.
The permission herein granted does not confer upon the permittee
or its contractors the right to cut, remove or destroy trees or shrubbery
within the legal right-of-way except under specifications, regulations
and conditions as the Township of Middletown may prescribe.
The Director of Public Works shall give timely notice to all
persons owning property abutting on any street within the Township
of Middletown about to be paved or improved and to all public utility
companies operating in the Township of Middletown, 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 said street, within 30 days from the giving of such notice, unless
such time is extended in writing for cause shown by the Director of
Public Works. New paving shall not be opened or excavated for a period
of five years after the completion thereof, except in case of emergency,
the existence of which emergency and the necessity for the opening
or excavating of such paving to be determined by the Director of Public
Works. If it is sought to excavate upon or open a sewer within five
years after the completion of the paving, the applicant shall make
written application to the Board of Supervisors, and a permit for
such opening shall be issued only after express approval of the Board
of Supervisors.
If at any time in the future the roadway is widened, reconstructed
or the alignment or grades are changed, the permittee further agrees
to change or relocate all or any part of the structures covered by
this permit which interfere with the improvement of the roadway at
its own cost and expense.
No new water, sewer, steam or gas main or electric, telephone
or other utility line shall hereafter be laid or constructed, and
no such existing main or line shall be extended, in any of the streets
of the Township of Middletown until the plan therefor shall have been
first filed with the Director of Public Works and such plan, and the
exact location of such main or line, approved by him. The Director
of Public Works shall not approve the locating of any such main or
line at a depth of less than 30 inches from the surface of the street
unless he shall be convinced that locating the same at a depth of
more than 30 inches from the surface is impossible or impractical.
No company, corporation or association shall dig up any street
or alley without first giving to the Township of Middletown a bond
with some acceptable trust or surety company as surety, in the sum
determined by the schedule of fees, conditioned for the faithful performance
of these provisions and also for any and all damages, claims, demands,
suits, costs and counsel fees occasioned or arising from the digging
up, opening or closing of said streets and alleys.
Payment for all work done by the Township of Middletown under
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 of Middletown. Upon failure to
pay such charges within such time, the same shall be collectible by
the Township of Middletown by an action in assumpsit or in the manner
provided by law for the collection of municipal claims.
[Amended 6-23-1998 by Ord. No. 98-08]
Any person, firm or corporation who shall violate any provision
of this article, upon conviction thereof in an action brought before
a Magisterial District Judge in the manner provided for the enforcement
of summary offenses under the Pennsylvania Rules of Criminal Procedure,
shall be sentenced to pay a fine of not more than $1,000 plus costs
and, in default of payment of said fine and costs, to a term of imprisonment
not to exceed 90 days. Each day that a violation of this article continues
or each section of this article which shall be found to have been
violated shall constitute a separate offense.
The provisions of this article shall not apply to laying sidewalks
or curbs.
