A.
ADMINISTRATOR
APPLICANT
EMERGENCY
MUNICIPAL AUTHORITY
PERMITTEE
PERSON
PUBLIC UTILITY COMPANY
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 indicates otherwise:
The person designated from time to time by the Rochester
Township Commissioners to act for Rochester Township under this article,
usually the person in charge of the Department of Highways or the
highway operations in the Township, or his/her authorized deputy,
representative, or inspector.
Any person who makes application for a permit.
Any unforeseen circumstance or occurrence, the existence
of which constitutes a clear and immediate danger to persons or properties.
Any body corporate and politic created pursuant to the laws
of the Commonwealth of Pennsylvania.
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, corporation, or authority created pursuant to an act of the
Pennsylvania General Assembly. Whenever used in any section prescribing
and imposing a penalty, the term "person," as applied to associations,
means the partners or members thereof and, as applied to corporations,
the officers thereof.
Any company subject to the jurisdiction of and control by
the Pennsylvania Public Utility Commission.
A public street, public easement, public right-of-way, public
highway, public alley, public way or public road accepted or maintained
by the Township.
The Township of Rochester, County of Beaver, Commonwealth
of Pennsylvania.
B.
In this article, the singular includes the plural, and the masculine
includes the feminine and the neuter.
A.
Permit required. No person shall make any tunnel, opening or excavation
of any kind in or under the surface of any street without first securing
a permit from the Township for each separate undertaking; provided,
however, that any person maintaining pipes, lines or other underground
facilities in or under the surface of any street may proceed with
an opening without a permit when emergency circumstances demand the
work to be done immediately, provided that the permit could not reasonably
and practically have been obtained beforehand. The person shall thereafter
apply for a permit on the first regular business day on which the
office of the Township is open for business, and such permit shall
be retroactive to the date when the work was begun. In all cases where
emergency openings are necessary, the Township Police Department shall
be notified prior to such opening.
B.
Street openings limited. No person to whom a permit has been granted
shall perform any of the work authorized by such permit in any amount
greater than that specified in the permit, except that upon approval
by the Administrator additional work may be done under the provisions
of the permit in such an amount as the Administrator shall deem appropriate
and necessary to complete the work. Any deposit or bond posted in
connection with the permit shall be deemed to cover any such additional
work as may be approved pursuant to this subsection within the limit
mentioned herein.
C.
Commencement of work. Work for which a permit has been issued shall
commence within a reasonable period of time, such time period not
to exceed 30 days after the issuance of the permit therefor. If not
so commenced, the permit shall be automatically terminated unless
the permittee applies to the Administrator 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. Permits which terminate within 30 days after issuance
or within any extension of time granted by the Administrator may be
renewed only upon the payment of an additional permit fee as originally
required.
D.
Permits nontransferable. Permits are not transferable from one person
to another, and the work shall not be made in any place other than
the location specifically designated in the permit.
E.
Expiration of permits. Every permit shall expire at the time stated
in the permit. If the permittee should not complete the work within
the specified time, he/she shall, prior to expiration of the permit,
present in writing to the Administrator a request for an extension
of time, setting forth therein the reasons for the requested extension.
If in the opinion of the Administrator such an extension is necessary
and not contrary to the public interest, the permittee may be granted
additional time for the completion of the work.
F.
Municipal utility cuts. All street openings required by utilities
owned and/or operated by the Township shall be made and restored under
the direction and supervision of the Administrator. The fee, deposit,
insurance and bond requirements of this article shall not be applicable
to any openings made by such municipally owned and/or operated utilities.
G.
State and county highways. The provisions of this article shall not
be applicable in those instances where the highway is maintained by
the Commonwealth of Pennsylvania or by the county.
H.
Rights of Township. Every permit shall be granted subject to the
right of the Township or of any other person to lawfully use the street
for any purpose, not inconsistent with the permit.
I.
Revocation of permit.
(1)
Any permit may be revoked by the Administrator, after notice to the
permittee, for:
(2)
A permittee shall be granted a period of 14 days from the date of
the notice to correct the violation and to proceed with the diligent
prosecution of the work authorized by the permit before such permit
is revoked.
(3)
Written notice of any such violation or condition shall be served
upon the permittee or his/her 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 thereof to the person
to be notified or by certified or registered United States mail addressed
to the person to be notified.
(4)
When any permit has been revoked and the work authorized by the permit
has not been completed, the Administrator shall do 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 expense thereby incurred by the
Township shall be recovered from the deposit or bond the permittee
has made or filed with the Township.
A.
Duties and responsibilities of applicants. An applicant shall:
(1)
Make written application for such permit with the Township Administrator
on such form as he/she shall prescribe. No work shall commence until
the Township Administrator or other person authorized as above has
approved both the application and plan and until the permittee has
paid and provided all fees, deposits, certificates and bonds required
by this article.
(2)
Furnish in triplicate a plan if required by the Administrator showing
the work to be performed under such permit. Two copies of such plan
shall be returned to the applicant at the time the permit is granted.
(3)
Agree to save the Township, its officers, employees and agents harmless
from any and all costs, damages and liabilities which may accrue or
be claimed to accrue by reason of any work performed under such permit.
The acceptance of any permit under this article shall constitute such
an agreement by the applicant whether the same is expressed or not.
B.
Duties and responsibilities of permittees. Any person receiving a
permit shall:
(1)
Pay a permit fee as provided by resolution of the Township Commissioners,
to include cost of inspection; provided, however, that public utility
companies and municipal authorities may, upon written notice to the
Administrator, elect to be billed monthly for such fees as they accrue.
(2)
Make a deposit to cover the cost of proper street restoration as authorized by the permit, unless excepted from such requirement by the provisions of § 138-5.
(3)
Furnish a performance bond as required by § 138-6, unless excepted from the requirement of such section.
(4)
Furnish a certificate of insurance as required by § 138-7, unless excepted from the requirement of such section.
(5)
Keep the original copy of the permit and an approved copy of the
plan at all times while such work is in progress at the location for
which such permit was granted and show such permit and/or plan upon
demand by the Township highway or police authorities.
A.
Opening and excavation restrictions.
(1)
No opening or excavation in any street shall extend beyond the center
line of the street before being backfilled and the surface of the
street temporarily restored.
(2)
No more than 250 feet measured longitudinally shall be opened in
any street at any one time, except by special permission of the Administrator.
(3)
All utility facilities shall be located sufficiently ahead of trench
excavation work to avoid damage to those facilities and to permit
their relocation, if necessary.
(4)
Pipe drains, pipe culverts, or other facilities encountered shall
be protected by the permittee.
(5)
Any person whose facilities are damaged or caused to be relocated
by the permittee may make the necessary repairs or relocation and
file a claim against the permittee with the Township for the cost
of such repairs or relocation. Public utility companies concerned
shall be notified by the Township in sufficient time to determine
the validity of the damage or relocation claims. The cost of such
repair or relocation work may be held by the Administrator from the
deposit pending determination of liability for the damage.
(6)
Monuments of concrete, iron, or other lasting material set for the
purpose of locating or preserving the line of any street or property
subdivision or a precise survey reference point or a permanent survey
bench mark within the Township shall not be removed or disturbed unless
permission to do so is first obtained in writing from the property
owner or Administrator. Permission shall be granted only upon condition
that the permittee shall pay all expenses incident to the proper replacement
of the monument.
(7)
When work performed by the permittee interferes with the established
drainage system of any street, provision shall be made by the permittee
to provide proper drainage to the satisfaction of the Administrator.
(8)
When any earth, gravel or other excavated material is caused to roll,
flow or wash upon the street the permittee shall cause the same to
be removed from the street within 24 hours after deposit. In the event
the earth, gravel or other excavated material so deposited is not
removed, the Administrator or other person authorized by the Township
Commissioners shall cause such removal, and the cost incurred shall
be paid by the permittee or deducted from his/her deposit.
(9)
Every permittee shall place around the project such barriers, barricades,
lights, warning flags and danger signs as shall be determined by the
Administrator to be necessary for the protection of the public. Barricading
shall be in compliance with the regulations as set forth in the Commonwealth
of Pennsylvania Department of Transportation Publication 203, Work
Zone Traffic Control, latest revision. Copies of this publication
shall be made available in the office of the Administrator for inspection
by the public. Additional safety requirements may be prescribed by
the Administrator, where applicable. Whenever any person fails to
provide or maintain the safety devices required by the Administrator,
such devices shall be installed and maintained by the Township. The
amount of the cost incurred shall be paid by the permittee or deducted
from his/her deposit. No person shall willfully move, remove, injure,
destroy or extinguish any barrier, warning light, sign or notice erected,
placed or posted in accordance with the provisions of this article.
(10)
Access to private driveways shall be provided except during
working hours when construction operations prohibit provision of such
access. Free access must be provided at all times to fire hydrants.
(11)
Excavated materials shall be laid compactly along the side of
the trench and kept trimmed up so as to cause as little inconvenience
as possible to public travel. In order to expedite the flow of traffic
or to abate a dirt or dust nuisance, the Administrator may require
the permittee to provide toe boards or bins, and, if the excavated
area is muddy and causes inconvenience to pedestrians, temporary wooden
plank walks shall be installed by the permittee as directed by the
Administrator. If the street is not wide enough to hold the excavated
material without using part of the adjacent sidewalk, the permittee
shall keep a passageway at least 1/2 the sidewalk width open along
such sidewalk line.
(12)
Work authorized by a permit shall be performed between the hours
set by the Administrator, Monday through Saturday, unless the permittee
obtains written consent from the Administrator to do the work at an
earlier or later hour. Such permission shall be granted only in case
of an emergency or in the event the work authorized by the permit
is to be performed in traffic-congested areas.
(13)
In granting any permit, the Administrator may attach such other
conditions thereto as may be reasonably necessary to prevent damage
to public or private property or to prevent the operation from being
conducted in a manner hazardous to life or property or in a manner
likely to create a nuisance. Such conditions may include but shall
not be limited to:
(a)
Limitations on the period of the year in which the work may
be performed;
(b)
Restrictions as to the size and type of equipment;
(c)
Designation of routes upon which materials may be transported;
(d)
The place and manner of disposal of excavated materials;
(e)
Requirements as to the laying of dust, the cleaning of streets,
the preventing of noise, and other results offensive or injurious
to the neighborhood, the general public, or any portion thereof; and
(f)
Regulations as to the use of streets in the course of the work.
B.
Backfilling and restoring openings.
(1)
All pavement cuts, openings and excavations shall be properly made,
backfilled and temporarily surfaced by the permittee according to
Township specifications.
(2)
The Administrator must be notified by the permittee during the twenty-four-hour
period preceding beginning the backfilling of the date and approximate
time at which backfilling will be begun.
(3)
The work of the final restoration, including both paving surface
and paving base, shall be performed by the permittee according to
Township specifications.
(4)
If the Administrator finds that paving surfaces adjacent to the street
opening may be damaged where trenches are made parallel to the street,
or where a number of cross trenches are laid in close proximity to
one another, or where the equipment used may cause such damage, he/she
may require a negotiated contribution from the permittee for the resurfacing
in place of patching of such street if the total area of the proposed
patch or probable damaged area exceeds 25% of the total pavement surface
between curb faces or between concrete gutter edges in any block.
Such negotiations shall be carried on and contributions agreed upon
prior to issuance of a permit.
(5)
After excavation is commenced, the work of making and backfilling
the same shall be prosecuted with due diligence.
(6)
The Administrator shall make such inspections as he/she may deem
necessary of all work authorized by a permit. The Administrator is
empowered to provide a full-time inspector if necessary to ensure
compliance with the provisions of this article. The permittee shall
pay for such inspections.
(7)
The permittee shall notify the Administrator in writing upon completion
of all work accomplished under the provisions of the permit. A certificate
of final inspection shall be issued by the Administrator to each permittee
no sooner than one year after the permanent restoration of the excavation
has been made, provided the work authorized by the permit has been
performed according to Township specifications. Prior to the issuance
of a certificate, the Administrator shall make a final inspection
of the restoration to determine whether Township specifications have
been adhered to.
(8)
If any settlement in a restored area occurs within a period of one
year from the date of completion of the permanent restoration, expenses
incurred by the Township in correcting such settlement shall be paid
by the permittee or recovered from his/her bond, unless the permittee
submits proof satisfactory to the Administrator that the settlement
was not due to defective backfilling.
(9)
In no case shall any opening made by a permittee be considered in
the charge or care of the Township or any of the officers or employees,
and no officer or employee is authorized in any way to take or assume
any jurisdiction over any such opening, except in the exercise of
the police power, when it is necessary to protect life and property.
A.
Permit fees. Permit fees for street openings shall be in the amount
set by the Township Commissioners and amended from time to time. The
permit fee shall be paid at the time the application is submitted.
The fee shall be used to partially reimburse the Township for the
cost of processing the permit application. Permit fees are nonrefundable.
B.
Minimum deposit amount. The minimum amount of the deposit shall be
$500. 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 properly according to the specifications
of this article. The Township shall waive this requirement insofar
as it pertains to a public utility company if such company files with
the Township its corporate bond in a form satisfactory to the Township
Solicitor, conditioned upon the payment to the Township of all costs
which would otherwise be covered by and paid out of such deposit.
The amount of deposit required shall be determined by the Township
Administrator and shall be based upon the Township Administrator's
opinion of the actual cost of street restoration.
C.
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.
D.
Insufficient deposit. If any deposit is less than sufficient to pay
all costs, the permittee shall, upon demand, pay the Township an amount
equal to the 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.
E.
Yearly deposit. Whenever any public utility, if it does not elect to file a corporate bond as provided in Subsection B hereof, or municipal authority shall anticipate more than one street opening or excavation per calendar year, such public utility or municipal authority may post one deposit in an amount and form as provided above for the calendar year or part thereof to cover the cost of any and all work.
F.
Refund of deposit. Upon notification by the permittee that all work
authorized by the permit has been completed and after restoration
work associated with the street opening is completed, the Township
Secretary, upon approval by the Administrator, shall refund the permittee
his/her deposit less costs incurred by the Township in connection
with such permit. In no event shall the permit fee be refunded.
A.
Maintenance bond requirement. Each applicant, upon the receipt of
a permit, shall provide the Township with an acceptance corporate
surety bond to guarantee faithful performance of the work authorized
by the permit granted pursuant to this article. The amount of the
bond shall be 100% of the estimated cost of restoring the street opening.
The term of the bond shall begin upon the date of posting thereof
and shall terminate one year after the issue date of a certificate
of final inspection from the Administrator. If the permittee anticipates
requesting more than one permit per year as required by this article,
he/she may furnish one continuing corporate surety bond in such amount
as the Administrator deems necessary to guarantee faithful performance.
The amount of such bond shall be in relation to the cost of restoring
pavement cuts to be made by the permittee throughout the year. The
Township shall waive the requirement insofar as it pertains to a public
utility company if such company files with the Township its corporate
bond in a form satisfactory to the Township Solicitor, conditioned
upon compliance with the provisions of this article.
B.
Default in performance. Whenever the Administrator finds that a default
has occurred in the performance of any term or condition of the permit,
written notice thereof shall be given to the principal and to the
surety on the bond. Such notice shall state the work to be done, the
estimated cost thereof, and the period of time deemed by the Administrator
to be reasonably necessary for the completion of the work.
C.
Completion of work. After receipt of such notice the surety must,
within the time therein 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.
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 for 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 is by
himself/herself, his/her subcontractor, or anyone directly or indirectly
employed by him/her. Such insurance shall cover collapse, explosive
hazards and underground work by equipment on the street and shall
include protection against liability arising from completed operations.
The liability insurance for bodily injury in effect shall not be less
than $100,000 for each person and $300,000 for each accident and for
property damages not less than $50,000, with an aggregate of $100,000
for all accidents. A public utility company or municipal authority
may be relieved of the obligation of submitting such a certificate
if it submits satisfactory evidence that it is insured, or has adequate
provision for self-insurance, in accordance with the requirements
of this article. Public utilities and authorities may submit annually
such evidence of insurance coverage in lieu of individual submissions
for each permit.
[Amended 12-1-2016 by Ord. No.
463]
A.
Notices of improvements. When the Township improves or paves any
street, the Township shall give notice to all persons owning property
abutting on the street about to be paved or improved and to all public
utilities and municipal authorities operating in the Township, and
all such persons, public utilities and municipal authorities shall
make all connections as well as any repairs thereto which would necessitate
excavation of the street, within 45 days from the giving of such notice.
The time shall be extended if permission is requested in writing and
approved by the Township Commissioners after consultation with the
Township Administrator.
B.
Restriction upon opening new streets. No permit shall be issued by
the Township Administrator which would allow an excavation or opening
in a paved and improved street surface less than five years old unless
the applicant can clearly demonstrate that public health or safety
requires that the proposed work be permitted or unless an emergency
condition exists.
C.
Additional fees and deposit for opening new streets. If, by special
action of the Administrator, a permit is issued to open any paved
and improved street surface less than five years old, an additional
permit fee of $75 shall be assessed. An additional deposit of $500
shall be required.
D.
When four or greater consecutive openings and/or a longitudinal utility
trench opening occurs within one block at one time (within a twelve-consecutive-month
period), within 1/2 of any street [from the center line to the outside
edge of the pavement (curbline)], the permittee shall be required
to perform the following additional work: mill the existing pavement
surface from the center line to the outside edge (curbline) of the
existing pavement and to a point not less than two feet beyond the
limits of the farthest openings. Trench restoration shall be the same
as that described for bituminous pavement, excepting that the entire
area shall receive a one-and-one-half-inch compacted depth overlay
of Superpave 9.5 mm wearing material.
E.
When four or greater openings and/or a longitudinal utility trench
opening occurs within one block between outside edges of pavement
(curbline to curbline) (within a twelve-consecutive-month period),
the permittee shall be required to perform the following additional
work: mill the existing pavement surface between the outside edges
of pavement (curbline to curbline) of the existing pavement and to
a point not less than two feet beyond the limits of the farthest openings.
Trench restoration shall be the same as that described for bituminous
pavement, excepting that the entire area shall receive a one-and-a-half-inch
compacted depth overlay of Superpave 9.5 mm wearing material.
F.
The Township reserves the right to review the conditions of the existing
roadway and make adjustments to the restoration requirements as presented
herein. The permittee shall make a formal written request to the Township
at the time of street opening permit application for consideration
of waivers to any portions of this policy.
G.
Where future roadway improvements or other utility work is planned
for the area subject to this policy, the Township may elect to negotiate
a payment from the permittee to cover the costs of full lane resurfacing
that would otherwise be required as a result of the permittee's
work.
A.
Street list requirements.
(1)
Every person owning, using, controlling or having an interest in
pipes, conduits, ducts or other structures under the surface of any
street used for the purpose of supplying or conveying gas, electricity,
communication impulses, water or steam to or from the Township or
to or from its inhabitants, or for any other purposes, shall file
with the Administrator, within 12 days after the adoption of this
article, a set of maps showing the location of the aforementioned
facilities owned by such person.
B.
Abandoned facilities.
(1)
Whenever any pipe, conduit, duct, tunnel or other structure located
under the surface of any street, or the use thereof, is abandoned,
the person owning, using, controlling or having an interest therein
shall, within 30 days after such abandonment, file with the Administrator
a statement in writing giving in detail the location of the structure
so abandoned.
(2)
Whenever there are manholes or tunnels associated with abandoned
underground facilities, such manholes or tunnels shall be filled in
at the time of abandonment and the Administrator notified thereof
in writing.
(3)
When the Township plans to pave or improve streets in which there
are abandoned facilities, the owners of such facilities shall be required
to remove them if in the opinion of the Township Commissioners their
removal is in the best interest of the Township. If the owner refuses
to remove such facilities, the Township shall remove the abandoned
facilities and the owner shall reimburse the Township for such removal.
C.
Street opening permit notices.
(1)
If the work to be undertaken by the permittee is such that it will
affect the use of properties abutting or adjoining the project, the
Administrator or person authorized by the Township Commissioners shall
notify the affected property owners and/or tenants of the proposed
work to be done.
(2)
If the work to be undertaken by a permittee will affect other subsurface
installations in the vicinity of the proposed opening, the Administrator
or person authorized by the Township Commissioners shall notify the
owners of such facilities of the proposed work.
Whoever violates any provision of this article or any regulations
and specifications adopted hereunder shall be fined not more than
$600 for each offense, plus costs of prosecution, and, in default
of payment of such fine and costs, imprisoned for a term not exceeding
30 days. Each day that a violation is permitted to exist after notice
in writing shall have been served by the Administrator shall constitute
a separate offense.