[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]
A.
EXCAVATION
PERSON
STREET
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.
B.
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,[2] 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.
A.
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.
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 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.
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. 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.[1]
F.
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.
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
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.
I.
The applicant shall notify the Township Engineer:
J.
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.
A.
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.
B.
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.
A.
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.
B.
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.
C.
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.
A.
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.[1]
B.
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.
