[HISTORY: Adopted by the Board of Supervisors of the Township of Upper Burrell as indicated in article histories. Amendments noted where applicable.]
[Adopted 5-1-1989 by Ord. No. 1-1989]
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.
- Any public street, avenue, road, square, alley, highway or other public place located in the Township of Upper Burrell and established for the use of vehicles, but shall not include state highways.
In this article, the singular shall include the plural and the masculine shall include the feminine and the neuter.
It shall be unlawful for any person to open or to make any excavation of any kind in or along any of the streets in the Township of Upper Burrell without first securing a permit therefor, as hereinafter provided.
Any person who shall desire to make any opening or excavation in, along, or under any of the streets in the Township of Upper Burrell shall make application at least 10 working days prior to scheduled start of work to the Township Manager. Such application shall be made upon forms to be furnished by the Township of Upper Burrell setting forth the name of the applicant, the exact location of the proposed opening or excavation, 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 ordinance of the Township of Upper Burrell, PennDOT Publication 408 (latest revision) and the laws of the commonwealth in relation thereto, and further that the applicant shall well and truly save, defend and keep harmless the Township of Upper Burrell 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. Each application shall be submitted to the Township of Upper Burrell in duplicate.
Before any permit shall be issued to open or excavate any street in the Township of Upper Burrell, the applicant shall pay a permit fee in the amount of $100 to cover the cost of inspection and other incidental services in connection therewith.
Permits shall be issued only to persons furnishing public utility services or the owner or owners of the real property, or their agents, 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 to be completed.
A permit may be issued to the applicant after all requirements therefore 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 Underground Utility Protection Law, Act 2008-121, 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 Upper Burrell and their office addresses may be obtained from the Pennsylvania One Call System.
Any person who shall open or excavate any street in the Township of Upper Burrell shall thoroughly and completely refill the opening or excavation in a manner prescribed by the Township Engineer so 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 Department of Transportation of the Commonwealth of Pennsylvania Publication 408 (latest revision), which are hereby adopted as specifications of the Township of Upper Burrell for restoration of surfaces of streets in the Township of Upper Burrell; 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 restoration by the applicant, the applicant shall either repair the defects in accordance with the Township's specifications, or shall reimburse the Township of Upper Burrell for the cost of all necessary repairs.
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 for 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 Township official, provided that the Township Engineer may if he deems it necessary for 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 Upper Burrell, in which event the applicant shall pay the actual cost of the work performed by the Township of Upper Burrell.
No opening or excavation in any street shall extend from the curb 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.
No more than 500 feet longitudinally shall be opened in any street at any one time.
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.
No tunnelling shall be allowed without the express approval of the Township Engineer and permission therefor endorsed upon the permit. The backfilling of a tunnel excavation shall be made only in the presence of the Township Engineer or an inspector designated by him, and shall be done only in a method approved by him.
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. Slag shall not be used. Backfilling shall proceed immediately upon completion of the underground work or installation of the utility. Prior to placement of the paving restoration or surface restoration materials, the trench shall be completely backfilled with thoroughly compacted 2A stone and maintained in good condition.
A temporary paving of cold-patch premix, thoroughly bound and compacted, shall be installed flush with the surface of the adjoining paving and maintained for a period of 90 days.
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.
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 and subject to the express condition that the person to whom the same is issued shall indemnify, save and keep harmless the Township of Upper Burrell 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.
The applicant shall notify the Township Engineer:
In the event that any work performed by or for a permit holder shall, in the opinion of the Township Engineer, be unsatisfactory and the same is not 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 Township Engineer, the Township of Upper Burrell 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 no later than the next business day thereafter, and that all other provisions for 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 Township Engineer, after such notice as he shall deem necessary under the circumstances of the particular case, proceed to undertake 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 Upper Burrell may prescribe.
The Township shall give timely notice to all persons owning property abutting on any street within the Township of Upper Burrell about to be paved or improved, and to all public utility companies operating in the Township of Upper Burrell, 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 the said street, within 30 days from the giving of such notice, unless such time is extended in writing for cause shown by the Township. 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 Township Engineer. If it is sought to excavate upon or open a sewer or other utility line within five years after the completion of the paving, applicant shall make written application to the Township Supervisors and a permit for such opening shall be issued only after express approval of the Township 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 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 Upper Burrell until the plan therefor shall have been first filed with the Township Engineer and such plan, and the exact location of such main or line, is approved by him. The Township Engineer 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 Upper Burrell a bond with some acceptable trust or surety company as surety in a sum to be set by the Township Engineer, 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. Said bond shall remain in effect for a period of two years at the completion of all work by the permittee. If after the two-year period the Township Engineer determines that the restoration work is satisfactory, then the bond shall be released.
Payment for all work done by the Township of Upper Burrell 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 Upper Burrell. Upon failure to pay such charges within such time, the same shall be collectible by the Township of Upper Burrell by an action in assumpsit or in the manner provided by law for the collection of municipal claims.
Any person, firm or corporation who shall violate any provision of this article shall, upon conviction thereof, be sentenced to pay a fine of not more than $1,000; and/or to imprisonment for a term not to exceed 90 days. Every day that a violation of this article continues shall constitute a separate offense.
The provisions of this article shall not apply to laying sidewalks or curbs.
[Adopted 4-4-1994 by Ord. No. 1-1994]
No person shall cause or permit water, dirt, mud, rock or debris to wash off or be carried by vehicle from any construction, logging or well drilling site onto any state, county or Township road.
Any person engaged in construction, logging or well drilling or said person's agent or contractor shall install hay bales or some other type of effective erosion control device along the construction, logging or well-drilling site property line near the edge of any state, county or Township road where water, dirt, mud, rock or debris might wash off the construction, logging or well-drilling site and onto any state, county or Township road.
When in the opinion of the Upper Burrell Township Supervisors, Police Department, Road Department or Engineer it is necessary, any person engaged in construction, logging or well drilling shall cause to be installed on the construction, logging or well-drilling site, such equipment as may be approved by the Upper Burrell Township Supervisors, Police Department, Road Department or Engineer to be adequate for the washing of dirt, mud, rock or debris from any and all vehicles exiting the construction, logging or well-drilling site onto any state, county or Township road and such exiting vehicles shall be washed clean of dirt, mud, rock or debris prior to entering or traveling upon any state, county or Township road.
Any person engaged in building, logging or well drilling in Upper Burrell Township shall post a bond with the Secretary of the Board of Supervisors of Upper Burrell Township in the amount of $1,000 made in favor of Upper Burrell Township, Westmoreland County, Pennsylvania to guarantee or insure the cleaning up of any state, county or Township road or the removal of any hazardous condition on any state, county or Township road as a result of water, dirt, mud, rock or debris washing off or being carried by vehicles from the construction, logging or well drilling site and onto any state, county or Township road.
Any person engaged in construction, logging or well drilling shall immediately clean any state, county or Township road when any water, dirt, mud, rock or debris has washed off or been carried by vehicle from the construction, logging or well drilling site and onto any state, county or Township road.
In the event that the person engaged in construction, logging or well drilling neglects, declines or refuses to clean any state, county or Township road within 24 hours after receiving notification to do so, the Upper Burrell Township Road Department or Fire Department will clean the state, county or Township road and the cost of the cleaning thereof shall be payable forthwith to the Upper Burrell Township General Fund or Fire Department by the person engaged in construction, logging or well drilling, or in default of said payment, the road-cleaning bond posted as aforesaid shall be forfeited to the Upper Burrell General Fund or Upper Burrell Township Fire Department up to the amount of the actual road-cleaning costs.
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.
Provided further that each day beginning 24 hours after the person engaged in construction, logging or well drilling receives notification to clean any state, county or Township road and fails to do so shall constitute a separate offense.