[Ord. 2189, 6/26/2006, § 101; as amended by Ord.
2288, 4/12/2010]
1.
APPLICANT
BACKFILL
TOWNSHIP
TOWNSHIP COMMISSIONERS
TOWNSHIP ROAD
CARTWAY
CERTIFICATE OF INSURANCE
DEGRADATION FEE
DRIVEWAY
EMERGENCY SITUATION
EXCAVATION
EXCEPTION
FINAL COMPLETION CERTIFICATE
FIRE DEPARTMENT
INSPECTION FEE
INSPECTOR
NORMAL FLOW
PAVEMENT CUTS
PERFORMANCE GUARANTEES
PERMIT FEE
PERMITTEE
PUBLIC WORKS DEPARTMENT
REGULAR BUSINESS DAY
RIGHT-OF-WAY
RIGHT-OF-WAY OCCUPANCY PERMIT
SIDEWALK
SITE PLAN
STREET EXCAVATION PERMIT
SUBSURFACE FACILITIES
General. Certain words used in this Part are defined below. Words
used in the present tense shall include the future. The singular number
shall include the plural, and the plural the singular. The word "shall"
is mandatory and not permissive.
Any person, partnership or corporation who makes application
for a permit.
Approved material used to fill a trench or other excavation,
or the process of doing so.
The Township of Ross, its officers, employees and officials.
Ross Township Commissioners, also referred to as "Commissioners."
Any road which has been dedicated to and accepted by the
Township for use as a public road. See "cartway."
Paved area of the road within which vehicles are permitted,
including, curbs and shoulders.
Certificate provided by the applicant which verifies that
said applicant carried the minimum insurance coverage(s) as stipulated
in this Part.
A fee established from time to time by resolution of the
Board of Commissioners. This fee is imposed on any person, partnership
or corporation which obtains a street excavation permit, and the work
to be performed includes open cutting any Township road.
Private roadway providing access for vehicles to a parking
space, garage, dwelling or other structure.
A situation or event, such as breakage of a utility line,
which presents an imminent hazard to the public health, safety and
welfare. Not included in this definition is the routine placement
or replacement of service facilities which are being constructed or
replaced as part of normal expansion or routine maintenance activities.
Removal of soil, rocks, sidewalk, driveway or cartway material
for the purpose of installing, replacing, repairing or removing underground
facilities.
Any deviation from the literal terms of this Part which has
been approved by Township Commissioners.
Certificate issued by the Township certifying that all work
has been completed in accordance with the provisions of this Part.
Ross Volunteer Fire Department.
Fee established by Ross Township Commissioners for the purpose
of performing inspections of a work site that has obtained a permit.
The designated official appointed by the Township Commissioners
whose duty it is to administer the provisions of this Part.
The direction, intensity and volume of stormwater runoff
typically present during various precipitation events.
Open cutting of a cartway, sidewalk or driveway.
Security submitted to the Township which guarantees that
all work required as part of an approved permit will be satisfactorily
completed. An acceptable security can be a bond, letter of credit
or certified check. Said security must be made payable to the Township
of Ross.
Fee established by Ross Township Commissioners for the purpose
of administration costs in issuing permits.
Any person, partnership or corporation to whom a permit is
issued.
Ross Township Public Works Department.
Monday through Friday, 8:00 a.m. to 4:30 p.m., except designated
holidays.
Land under the control of the Township which contains Township
roads, sidewalks, driveways, driveway aprons, and other nonpaved portions
of land which may or may not contain aboveground or underground utilities.
A permit which, when issued, permits the permittee to perform
work within a Township right-of-way. The work permitted under this
permit shall not include any work authorized by a street excavation
permit.
A paved, surfaced or leveled area, paralleling and usually
separated from the cartway used as a pedestrian walkway, to include
curb.
A plan of the area to be worked upon which shows all pertinent
information including, but not limited to, right-of-way lines, street
locations, sidewalk locations and any existing sub-surface and aboveground
utilities which may be impacted by the work to be performed.
A permit which, when issued, permits the permittee to open
cut any Township road, sidewalk or driveway or tunnel under any Township
road, sidewalk or driveway.
Any public utility or private transmission lines which are
located below grade.
[Ord. 2189, 6/26/2006, §§ 201 — 211;
as amended by Ord. 2288, 4/12/2010]
1.
Inspector. This Part shall be administered by the Township Engineer.
The Engineer may delegate administration functions and inspection
functions as he deems appropriate. In general permit issuance shall
be handled by the Building Inspection Department and inspections completed
by the Ross Township Department of Public Works.
A.
The Engineer shall designate an inspector to enforce the provisions
of this Part in accordance with its literal terms and shall not have
the power to permit any construction which does not conform to this
Part.
B.
The Building and Planning Department will administer the permit and
shall issue street excavation permits and right-of-way occupancy permits
after they are approved by the Engineer.
C.
The inspector shall perform all necessary inspections and recommend
to the Township Engineer any enforcement proceedings which are necessary
to insure compliance with the provisions of this Part.
D.
Enforcement of this Part shall be undertaken by the Engineer, Public
Works Department, Police Department and the Building and Planning
Department.
2.
Street Excavation Permit.
A.
A street excavation permit shall be obtained before any person, partnership
or corporation may:
(1)
Open/cut any Township road.
(2)
Open/cut, disturb or replace any sidewalk or curb.
(3)
Open/cut any driveway.
(4)
Utilize any type of device or equipment which tunnels under
any Township road.
(5)
Utilize any type of device or equipment which tunnels under
any sidewalk, driveway or driveway apron.
B.
Application for a street excavation permit shall be accompanied by:
(1)
A completed and signed application form.
(2)
The required permit and inspection fee.
(3)
The required degradation fee, if necessary.
(4)
The required performance guarantee as required in Subsection
4A(2).
(5)
A site plan as defined in "site plan."
(6)
A location plan which generally indicates the distance the street
excavation will occur from the nearest intersecting street.
(7)
A profile indicating the elevation(s) of the subsurface facilities
which are being removed, repaired, or constructed. This profile shall
indicate the depth below the roadway surface at which the work is
going to be performed.
(8)
Additional documentation as the Township may require.
C.
The completed application shall be submitted to the Township at the
Municipal Building. Upon receipt, the inspector shall:
D.
Upon approval of an application, the Township shall provide the applicant
with two signed copies of the permit. The applicant must maintain
one copy of the approved application at the job site.
E.
The granting of any street excavation permit shall confer a right
upon the permittee, subject to the terms and conditions of the permit,
to temporarily occupy and use the street surface during the course
of construction work covered by the permit, and to thereafter occupy
the space within which the work is to be located, subject in every
case to the specific right of the Township to require temporary or
permanent relocation or removal of any of the facilities entirely
at the permittee's expense in the event said facilities are in conflict
with the Township's interest or the public interest in the use of
the street.
F.
In granting any permit, the Township may attach such special conditions
thereto as may be reasonably necessary to protect public and private
property.
G.
By accepting the permit, the applicant agrees to perform the work
in accordance with the terms and conditions of the permit, and of
any special conditions which may be attached thereto, and to save
and hold harmless the Township, its officers, employees and agents
from any costs, damages and liabilities which may accrue by reason
of the work.
H.
Every permit issued hereunder shall expire 30 days after it is issued.
If the permittee shall be unable to complete the work within the specific
time, he shall, prior to expiration of the permit, present in writing
to the Township a request for an extension of time, setting forth
therein the reasons for the requested extension. If, in the opinion
of the Township, such an extension is necessary, the permittee may
be granted additional time for the completion of the work.
I.
The applicant must notify the Township and Public Works Department
at least 24 hours before work is commenced and shall not backfill
any open cut before the inspector has inspected the site.
J.
The Township may revoke any permit issued under the provisions of
this Part if it deems that the terms of the permit are being violated.
Upon revocation of the permit, the Township shall provide the permittee
with a written explanation of the terms of the permit which are being
violated and establish a time frame under which the permittee must
complete all necessary reparations to bring the job into compliance
with the provisions of the permit.
K.
If final paving repairs are not completed to the satisfaction of
the Township, the Township reserves the right, after notice to the
permittee, to complete final paving repairs, including the removal
of substandard work. These repairs will be funded by the performance
guarantee which the permittee must provide. Upon the satisfactory
completion of all work, the Township shall issue a final completion
certificate and return the required performance guarantee or portion
thereof.
L.
By accepting the permit, the applicant agrees to perform the work
in accordance with PennDOT's Publication 213, "Work Zone Traffic Control
Guidelines."
3.
Right-of-Way Occupancy Permit. A right-of-way occupancy permit shall
be obtained before any person, partnership or corporation shall perform
work in any Township right-of-way which does not include activity
which requires a street excavation permit.
B.
The completed application shall be submitted to the Township at the
municipal building. Upon receipt, the inspector shall:
C.
Upon approval of an application, the Township shall provide the applicant
with two signed copies of the permit. The applicant must maintain
one copy of the approved application at the job site.
D.
The granting of a right-of-way occupancy permit shall confer upon
the permittee, subject to the terms and conditions of the permit,
permission to temporarily occupy and use the road right-of-way during
the course of construction work covered by the permit, and to thereafter
occupy the space within which the work is to be located, subject in
every case to the specific right of the Township to require temporary
or permanent relocation or removal of any of the facilities entirely
at the permittee's expense in the event said facilities are in conflict
with the Township's interest or the public interest in the use of
the right-of-way. The right-of-way occupancy permit does not authorize
the permittee to perform any work which is governed by the requirements
of a street excavation permit. The permittee shall be responsible
for the repair of any and all facilities damaged during the excavation.
The permittee shall imdemiatly inform the Township Engineer when damage
to a sewer or other utility occurs. All repairs to damaged facilities
shall be made as per the requirements of the Township Engineer.
E.
In granting any permit, the Township may attach such special conditions
thereto as may be reasonably necessary to protect the public and private
property.
F.
By accepting the permit, the applicant agrees to perform the work
in accordance with the terms and conditions of the permit, and of
any special conditions which may be attached thereto, and to save
the Township, its officers, employees and agents from any costs, damages
and liabilities which may accrue by reason of the work.
G.
Every permit issued hereunder shall expire 30 days after it is issued.
If the permittee shall be unable to complete the work within the specified
time, he shall, prior to expiration of the permit, present in writing
to the Township a request for an extension of time, setting forth
therein the reasons for the requested extension. If, in the opinion
of the Township, such an extension is necessary, the permittee may
be granted additional time for the completion of the work.
H.
The applicant must notify the Township and Public Works Department
at least 24 hours before work is commenced and shall not backfill
any trenches before the inspector has inspected the site.
I.
The Township may revoke any permit issued under the provisions of
this Part if it deems that the terms of the permit are being violated.
Upon revocation of the permit, the Township shall provide the permittee
with a written explanation of the terms of the permit which are being
violated and shall establish a time frame under which the permittee
must complete all necessary reparations to bring the job into compliance
with the provisions of the permit.
J.
Upon the satisfactory completion of all work, the Township shall
issue a final completion certificate.
K.
By accepting the permit, the applicant agrees to perform the work
in accordance with PennDOT's Publication 213, "Work Zone Traffic Control
Guidelines."
4.
Permit Fees, Inspection Fees, Degradation Fees and Performance Guarantees.
A.
A permit fee and an inspection fee shall be charged for each application
under this Part. The fees shall be established by resolution of the
Township Commissioners.
B.
Performance guarantees shall be provided for street excavations in
the following manner:
(1)
A bond or cashiers check of $1,000 shall be provided at the
date of the first application for a street excavation permit in a
calendar year. This bond will be returned when all work is performed
satisfactorily.
(2)
A bond or cashiers check in the amount of $10,000 shall be provided
to the Township on the date of the second street excavation permit
application for that calendar year. This guarantee shall be good for
the entire year in which it is issued. The guarantee will cover all
additional street excavation activities during that calendar year.
This guarantee will be returned when all jobs started in that calendar
year are completed satisfactorily.
(3)
Degradation Fee. A degradation fee shall be charged to party's
which were duly notified of the Township's intention to reconstruct
or repave a cartway and when a notified party applies for a permit
to excavate a trench of over 30 feet in length in a cartway that was
repaved within five calendar years from the date of notification.
This fee shall be established by resolution of the Township Commissioners.
(4)
These fees and performance guarantee requirements may be changed
by resolution of the Township Commissioners.
5.
Enforcement Procedures. The Engineer, inspector, Public Works Department,
Police Department or other official designated by Commissioners may
prevent or restrain any work which is proceeding without benefit of
a street excavation permit or right-of-way occupancy permit. If this
situation occurs, the person, partnership or corporation performing
the work must immediately apply for a permit and must perform any
task needed to insure a safe condition for motorists and pedestrians
as the inspector, Public Works Department or other official may require.
In addition, a permit must be applied for and obtained before work
can continue.
A.
The Township, upon discovery that work is being performed on a site
for which a permit has been issued which is not in compliance with
the provisions of such permit, may take corrective action as it deems
necessary including, but not limited to, preventing or restraining
any additional work until any necessary repairs are completed. Under
no circumstances shall the job site be left in an unsafe or hazardous
condition.
B.
In the event that the permittee does not take the necessary corrective
actions within the time frame the Township establishes, the Township
may utilize the performance guarantee and take any necessary measures
to correct the problem.
6.
Enforcement Penalties. Any person, firm or corporation who shall
violate any provision of this Part, upon conviction thereof, 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 30 days. Each day that a violation of this Part continues
shall constitute a separate offense.
7.
Inspection. The work shall be subject at all times to inspection
by the inspector. Under no circumstances shall a trench be backfilled
without prior inspection of the work by the inspector or his designee.
A.
After final inspection and acceptance of the work, and after payment
of any refund or collection of any insufficiency due, the Township
shall issue a final completion certificate. The applicant shall be
strictly liable for all repairs to any property made necessary by
the work within the first 18 months following issuance of the final
completion certificate. All such repairs shall be made immediately
upon request by the inspector or other Township official. Failure
to perform repairs determined necessary by the inspector or other
Township official will result in completion of repairs by the Township.
The Township will recover all funds expended in performing said repairs
by providing the permittee with an itemized bill listing all costs
the Township incurs. The Township reserves the right to deny any new
permit applications submitted by the permittee or his assigns until
these costs or any other funds due to the Township are remitted to
the Township.
8.
Insurance. An applicant shall provide a certificate of insurance
to the Township and have said certificate properly executed by the
applicant's insurance carrier. Properly executed certificates of insurance
shall be filed with the Township and verify that the applicant is
insured against all claims which may arise from or out of the performance
of the excavation work, whether such performance be by the applicant
or anyone directly or indirectly employed by him. Such insurance shall
include protection against liability arising from completed operations,
underground utility damage and collapse of any property. Liability
insurance for bodily injury shall be in an amount not less than $300,000
for each person and $300,000 for each accident and for property damages
an amount not less than $100,000. Failure of an applicant to file
a certificate of insurance shall be a sufficient reason for denying
a permit. The applicant shall save and hold harmless the Township
from any and all damages and liability by reason of personal injury
or property damage arising from work done by the applicant under the
provisions of this Part. Ross Township its employees and designated
agents shall be listed as additional insured on the insurance certificate
provided with the permit application.
9.
Emergency Situations. Any person, partnership or corporation performing work without a permit because of an emergency situation as defined in § 21-101 shall verify the emergency nature of the circumstances in writing to the Township within the first regular business day after such emergency occurs. All work performed in an emergency situation must be done in compliance with the requirements of Subsection 3 of this Part, and a permit must be applied for on the first regular business day following the date the emergency occurred. All fees and performance guarantees will be required to be provided with the application form. Prior to commencing work in an emergency situation the person, partnership or corporation performing the work must notify the Township of the nature of the emergency.
10.
Exceptions. Exceptions to the requirements of this Part shall not
be permitted except upon written request by the applicant and approval
by Township Engineer. Exceptions shall be granted only upon a showing
by the applicant that the proposed work is minor in nature and poses
a minimal risk to public health and safety. The Township Engineer
may request and utilize the recommendation of the inspector with respect
to any exception request. The Township may impose any reasonable conditions
to the granting of an exception.
[Ord. 2189, 6/26/2006, §§ 301 — 305;
as amended by Ord. 2288, 4/12/2010]
1.
General.
A.
Unless specifically permitted by the Township:
(1)
No street opening shall extend across more than 1/2 of the cartway
at one time.
(2)
Two-way traffic shall be maintained.
(3)
Access to driveways and/or buildings abutting the street shall
be maintained.
(4)
Not more than 250 lineal feet of any street shall be opened
at any time.
(5)
No excavated materials or backfill materials shall be stockpiled
on the roadway surface or sidewalk.
B.
The permittee shall locate in advance of excavation all surface and
subsurface utility lines and structures, as required by Pennsylvania
Act 172, 73 P.S. § 176 et seq., also known as the PA One-Call
System. The permittee shall take all precautions necessary to avoid
damage to other utility lines including loop detectors, and to public
and private property. In the event damage does occur to the property
of others, the permittee shall promptly and satisfactorily repair
all damages and restore the property to a satisfactory condition.
C.
Provisions shall be made to accommodate the flow of storm drainage,
and no excavated material or trench shall be permitted to interfere
with the normal flow of surface water. Erosion and sedimentation controls
shall be installed as needed.
D.
Traffic control shall be maintained in accordance with Pennsylvania
Department of Transportation requirements, and the permittee shall
furnish and maintain upon the work site such signs, barricades, lights
and flagmen as may be necessary to insure safe travel for vehicular
and pedestrian traffic.
E.
No blasting may be performed without a blasting plan approved by
the Township that provided that blasting activities are performed,
such operations shall be performed by persons authorized by all federal,
state, county, and local authorities to undertake such activities
and shall be carried out in strict accordance with federal, state,
county and municipal laws or regulations governing the same.
F.
Appropriate measures must be taken to provide assess for emergency
vehicles and to all properties affected by the work.
2.
Pavement Cut, Excavation and Backfill.
A.
Cuts through bituminous wearing surfaces shall be scored on a neat,
straight line to the full trench width, using either a pneumatic spade
or a concrete saw. Cuts through Portland cement concrete shall be
sawed to a sufficient depth to enable removal of concrete with a clean,
straight break.
B.
Excavated material shall be removed immediately or laid compactly
off the roadway surface to cause as little inconvenience as possible
to public travel. Pedestrian sidewalks shall be kept clean and free
of obstructions, and, where necessary, temporary bridging or plank
walkways shall be provided. Excavated material not suitable for backfill
shall be immediately removed as excavation is in progress. Construction
material shall not be stored in the public street except immediately
in advance of installation. Loose earth and stone shall be promptly
cleaned from the streets and sidewalks, and dust shall be regularly
swept up and removed.
C.
Sidewalls of a trench under four feet in depth shall be kept as nearly
vertical as possible. When over four feet in depth, the trench shall
comply with the requirements established by Occupational Safety and
Health Administration standards.
D.
Backfilling. An opening shall be backfilled by the permittee in accordance
with the following:
(1)
The opening may first be backfilled with fine aggregate materials,
meeting the requirements of § 703.1 of Publication 408,
or granular material to protect the facility, placed to a height not
to exceed one foot over the top of the facility, if the material is
compacted in not more than four-inch loose layers or as authorized
under Publication 408. To help protect its facility from future excavations,
the permittee is required to place a permanent ribbon colored under
this subsection at least one foot above its facility. If the facility
is nonmetallic, the permittee is also required to place a metallic
ribbon at a depth from which the ribbon can be sensed by typical metal
locating instruments.
(2)
The opening shall then be backfilled with select granular material,
unless retained suitable materials, as defined in § 459.1
(relating to definitions), is authorized or other coarse aggregate
material meeting the requirements of § 703.2 of Publication
408 is specified in the permit. Select granular material or other
aggregate material will be required for use as backfill of openings
in pavements, paved shoulders and improved (for example, oil and chip)
shoulders as well as unimproved (for example, stabilized or earth
surface) shoulders within three feet of the edge of pavement. Retained
suitable material will normally be authorized for use as backfill
of openings outside shoulders and in unimproved shoulders more than
three feet outside the edge of pavement and up to within three feet
of the surface.
(3)
Backfill shall be compacted as follows:
(a)
General Rule. Except as provided in Subsection 2D(2), backfill material shall be placed in loose layers not to exceed eight inches if vibratory compaction equipment is used or as authorized under Publication 408. Each layer shall be thoroughly compacted to preclude subsidence, under § 601.3(e) of Publication 408.
(b)
Compaction Outside Pavement and Shoulders. At least 15 days
prior to the start of work, the applicant may submit its written compaction
plan to the Township requesting backfill in an opening outside the
pavement and shoulder to be placed in layers thicker than eight inches
prior to compaction. The compaction plan shall include full details
of equipment, materials and work methods as well as the permittee's
acknowledgment of its obligation and commitment to regularly monitor
the restored surface until two years after the acknowledged completion
of the permitted work and to promptly correct failure or subsidence
of the highway.
(c)
Existing Pavement Elevation. Compaction shall be completed to
the bottom elevation of the existing pavement.
(4)
The Township may require the permittee to have material proposed
for use as backfill and compacted material tested, at the expense
of the permittee, for conformance to the applicable gradation and
compaction requirements of Publication 408.
(5)
Test holes shall be backfilled, as soon as safely possible, with existing type material or other material authorized by the Department, and sealed under Subsection 3. The Township may authorize test holes in the pavement or shoulder to be restored without a one-foot cutback of the surrounding surface.
E.
All cuts, excavation and backfill shall be performed to the satisfaction
of the inspector, who may in consultation with Township Engineer develop
additional work standards.
3.
Restoration of Bituminous Pavement.
A.
Temporary repairs to bituminous pavement shall consist of the trench
being backfilled with select granular material and topped with at
least 3 1/2 inches of cold patch. In all cases, the permittee
is responsible to maintain temporary pavement repairs in good condition,
free of chuck-holes and soft spots, and to clean the street surface
of any debris or earth which may be carried over the street.
B.
Final pavement restoration shall be made only when weather conditions
are suitable. If, because of weather conditions or time of year, temporary
paving and natural stone or gravel are utilized, these temporary materials
must be removed to a depth of at least 13 inches below finished street
paving grade. All temporary materials shall be removed and replaced
with permanent repairs as soon as weather conditions permit. All permanent
repair shall be made as follows.
(1)
If trench length is less than 75 feet in length (or one-hundred-foot
in a cul-de-sac) the trench shall be backfilled and repaved as per
the Township Engineer's trench restoration detail(s) that are filed
at the Township's Planning Department.
(2)
If the trench length exceeds 75 feet in length (or one-hundred-foot
in a cul-de-sac) and does not cross the center line of the cartway,
the entire disturbed lane shall be milled to a depth of 1.5 inches
and repaved after the trench has been properly backfilled and binder
installed as per the Township Engineer's trench restoration detail(s).
In areas where the trench runs along or crosses the center line of
the cartway the entire pavement width (curb-to-curb width) of the
affected street shall be milled (as needed) and repaved with wearing.
All paving shall run a length of at least one foot in excess of trench
length on each side of the disturbed area and be properly keyed in
and sealed.
(3)
All restoration of bituminous pavement shall be performed to
the satisfaction of the inspector, who may in consultation with Township
Engineer to develop additional work standards.
4.
Restoration of Other Surfaces.
A.
Requirements for permanent repairs to surfaces other than bituminous
pavement will be determined by the inspector, who may in consultation
with Township Commissioners develop additional work standards. In
general, final restorations in any case shall be equal to the original
surface.
B.
Sidewalks must be replaced to meet criteria, developed by the inspector
in consultation with Township Commissioners prior to pouring the concrete.
The sidewalk subbase and forms must be inspected and approved.
C.
Brick pavement shall be restored to good condition as per the Township
Engineer's brick pavement specifications and details, attached in
Appendix 21-1A-1.
5.
Standards for the Installation of Pipe and Other Utilities. All work
shall be completed as per the standards approved by the Ross Township
Engineer and be in conformance with Penn DOT Publication 408, PA PUC
and PA DEP Standards.
