[Adopted 12-13-1954 by Ord. No. 85 (Ch. 21, Part 2, of the
1987 Code of Ordinances)]
A.
APPLICANT
BOARD
HIGHWAY
PERSON
The following words when used in this article shall have the meaning
ascribed to them in this section, except in those instances where
the context clearly indicates otherwise:
A person requesting a permit under this article.
The Board of Township Commissioners of the Township of Upper
Chichester, Delaware County, Pennsylvania.
Any public street, avenue, road, square, alley, highway,
or other public place located in the Township of Upper Chichester.
Any natural person, partnership, firm, association or corporation.
B.
As herein used the singular shall include the plural and the masculine
shall include the feminine and neuter.
It shall be unlawful for any person to open or to make any excavation
of any kind in any highway of the Township of Upper Chichester without
first having secured a permit so to do as hereinafter provided.
[Amended 12-11-2014 by Ord. No. 694]
Any person desiring to make any opening or excavation in any
highway in the Township of Upper Chichester shall make an application
to the Township Manager and Township Engineer and/or their written
designee in writing prior to the commencement of any work. The application
shall be made upon forms to be furnished by the Board and shall set
forth:
A.
The name of the applicant.
B.
The exact location of the proposed opening or excavation.
C.
The approximate size and depth thereof.
D.
Shall contain an agreement on the part of the applicant to do the
work in full compliance with the ordinances and rules and regulations
of the Township of Upper Chichester and the laws of the commonwealth
in relation thereto, now in force or hereafter to be adopted or promulgated.
E.
That the applicant shall well and truly save, defend and keep harmless
the Township of Upper Chichester, its servants, agents and employees
from, and indemnify it and them against any and all actions, suits,
demands, payments, costs, and charges for or by reason of injuries
or damages suffered or claimed to have been suffered by reason of
the opening or excavation or from any other matter, cause or thing
relating thereto.
[Amended 2-8-1979 by Ord. No. 383; 11-17-1987 by Ord. No. 456]
The application shall be accompanied by a fee, for the use of
the Township, in an amount as established by resolution of the Board
of Commissioners, plus additional charges for each square yard of
restoration material. If the street opening extends beyond one street,
there will be an additional charge for each street opened.
A.
The applicant
shall file with the application a bond conditioned to save harmless
the Township of Upper Chichester, Delaware County, Pennsylvania, its
servants, agents and employees from any and all damages and claims
for damages to all persons accruing or alleged to accrue by reason
of the work. The bond shall be approved by the Township Solicitor.
[Amended 6-13-1955 by Ord. No. 92]
B.
Additionally,
the applicant shall supply Upper Chichester Township with a performance/maintenance
bond, with the premium fully paid, in the amount of 15% of the total
project cost, to the benefit of Upper Chichester Township, to be held
and valid for 18 months from the date of the final acceptance of the
completion of the said project.
[Added 12-11-2014 by Ord.
No. 694]
[Amended 12-11-2014 by Ord. No. 694]
The applicant must maintain during the life of the excavation
public liability insurance (providing comprehensive liability and
personal injury coverage), evidenced by a certificate of an insurance
company or companies authorized to do business in Pennsylvania, to
protect the applicant, contractor, subcontractors and the Township
from injury or damage caused directly or indirectly by the applicant,
contractor, subcontractors or their employees in a minimum of the
limits and types established by the Township from time to time by
resolution, said insurance to be in form and substance satisfactory
to and approved by the Township Solicitor.
[Amended 6-13-1955 by Ord. No. 92; 5-20-1959 by Ord. No. 160]
A.
Excavations shall at all times be protected. Any person who shall
open any highway shall thoroughly and completely refill the excavation,
puddling or ramming with a mechanical rammer at each four inches of
replacement of material so as to prevent any settling thereafter;
and shall restore with the same type of surface as that disturbed
and any question arising as to specifications for the mixture, type
of depth of replacement material shall be decided by the Township
Engineer, unless expressly regulated herein, and his decision shall
be final and binding. These requirements are minimum and in all cases
the restoration shall be made to comply with the specifications of
the Pennsylvania Department of Transportation now in force or hereafter
to be adopted where the same shall be more strict than herein designated.
C.
No opening or excavation in any highway shall extend from the curbline
of the highway a distance greater than one foot beyond the center
line of the highway before being backfilled and surfaced and restored
to a condition safe and convenient for travel.
D.
The work of excavation shall be so conducted as not to interfere
with water mains, sewers or their connections with laterals or any
subsurface lines or constructions until permission of the proper authorities
in connection with such subsurface line or construction shall have
been previously obtained.
E.
No tunneling shall be done without the express approval of the Township
Manager and his approval shall be endorsed upon the permit. The backfilling
of a tunnel excavation shall be made only in the presence of the Township
Manager, or of any inspector designated by him and shall be done only
by a method approved by him.[2]
F.
During the making and while any excavation is open in any highway
every necessary and reasonable precaution shall be taken by the applicant
to keep the highway in a safe and passable condition both day and
night by guards, barriers, lanterns and other devices and all excavation
permits and highway opening permits are granted under and subject
to the express condition that the person to whom the same is issued
shall comply fully with this article.
In the event of any leak, explosion or other emergency 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.
[Amended 6-13-1955 by Ord. No. 92]
The Township Secretary shall give notice to all persons owning
property abutting on any highway within the Township which is about
to be paved or improved and to all public utility companies operating
in the Township of the contemplated improvement and all such persons
and utility companies shall make all water, gas, sewer or electric
connections as well as any repairs thereto necessitating highway openings,
within 30 days from the giving of such notice. Thereafter, new paving
shall not be opened for a period of five years after the completion
thereof, except in case of emergency, the cause of which emergency
could not have been foreseen, or by vote of majority of Township Commissioners.
[Amended 12-11-2014 by Ord. No. 694]
No new water, oil, gas main or electric line, telephone or telegraph
line shall be laid or constructed in any highway and no existing water,
oil or gas main or electric line, telephone or telegraph line shall
be extended in any highway of the Township until the exact location
thereof and plan therefor shall have first been approved by the Township
Manager and Township Engineer and/or their written designee.
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, together with the costs of prosecution,
and, in default of payment of such fine and costs, shall be subject
to imprisonment for a term not to exceed 30 days. Every day that a
violation of this article continues shall constitute a separate offense.
