Part 1 STREET OPENINGS, EXCAVATIONS AND PAVEMENT CUTS
Part 2 SIDEWALKS AND FOOTPATHS
[Ord. 154, 8/13/1973, Art. I]
The following words, when used in this Part, shall have the meaning ascribed to them in this section, except in those instances where the context clearly indicates otherwise:
- Any person who makes application for a permit.
- Any unforeseen circumstances or occurrence, the existence of which constitutes a clear and immediate danger to persons or properties.
- The person in charge of the department of highways or the highway operations in the Township, or his authorized deputy, representative or inspector.
- MUNICIPAL AUTHORITY
- 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 Part.
- 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, shall mean the partners or members thereof, and as applied to corporations, the officers thereof.
- PUBLIC UTILITY COMPANY
- 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 Leet, County of Allegheny, Commonwealth of Pennsylvania.
In this Part, the singular shall include the plural and the masculine shall include the feminine and neuter.
[Ord. 154, 8/13/1973, Art. II]
Permit Required. If shall be unlawful for any person to 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, 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, 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 Engineer is open for business and said 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.
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 Engineer additional work may be done under the provisions of the permit in such an amount as the Engineer 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 maybe approved pursuant to this section within the limit mentioned herein.
Commencement of Work. Work for which permit has been issued shall commence within 10 days after the issuance of the permit therefor. If not so commenced, the permit shall be automatically terminated unless the permittee applies to the Engineer for an extension of time within which to commence the 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 10 days after issuance or within any extension of time granted by the Engineer may be renewed only upon the payment of an additional permit fee as originally required.
Permits Non-Transferable. 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.
Expiration of Permit. Every permit shall expire at the time stated in the permit. If the permittee should not complete the work within the specified time, he shall, prior to expiration of the permit, present in writing to the Engineer a request for an extension of time, setting forth therein the reasons for the requested extension. If in the opinion of the Engineer 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.
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 Engineer. The fee, deposit, insurance and bond requirements of this Part shall not be applicable to any openings made by such municipally owned and/or operated facilities.
State and County Highways. The provisions of this Part shall not be applicable in those instances where the highway is maintained by the Commonwealth of Pennsylvania or by the County of Allegheny.
Rights of Township. Every permit shall be granted subject to the right of the Township or any other person to lawfully use the street for any purpose not inconsistent with the permit.
Revocation of Permits.
Any permit may be revoked by the Engineer, after notice to the permittee, for:
A permittee shall be granted a period of three 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 said permit is revoked.
Written notice of any such violation or condition shall be served upon the permittee or his 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.
When any permit has been revoked and the work authorized by the permit has not been completed, the Engineer 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 expenses thereby incurred by the Township shall be recovered from the deposit or bond the permittee has made or filed with the Township.
[Ord. 154, 8/13/1973, Art. III; as amended by Ord. 260, 3/11/1996, § 21-103; and by Ord. 2005-05, 11/14/2005]
Duties and Responsibilities of Applicants. It shall be the duty and responsibility of any applicant to:
Make written application for such permit with the Township Engineer on such form as he shall prescribe. No work shall commence until the Engineer has approved the application and plan and until the permittee has paid and provided all fees, deposits, certificates and bonds required by this Part.
Furnish in triplicate a plan, if required by the Engineer, showing the work to be performed under said permit. Two copies of such plan shall be returned to the applicant at the time the permit is granted.
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 said permit. The acceptance of any permit under this Part shall constitute such an agreement by the applicant whether the same is expressed or not.
Duties and Responsibilities of Permittees. It shall be the duty and responsibility of any person receiving a permit to:
Pay a permit fee in an amount as established, from time to time, by resolution of the Board of Commissioners to include cost of inspection; provided, however, that upon public notice to the Township Engineer, permittees may elect to be billed monthly for such fees as they accrue.
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 § 21-105 of this Part.
Furnish a performance bond as required by § 21-106 of this Part, unless excepted from such requirement by said section.
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 said permit was granted and show such permit and/or plan upon demand by the Township highway or police authorities.
Permittees, at their cost, must photograph or videotape/record, with sufficient specificity and detail, the following and furnish the same to the Township for approval.
The condition of the area that will be subject to the excavation prior to the opening, excavation or curb cut.
The excavated or opened area to show any affected infrastructure therein.
The subject area after the excavated or opened area has been restored to verify that the restoration is sufficient (i.e., equal to or better than the original condition).
[Ord. 154, 8/13/1973, Art. IV]
Opening and Excavation Restrictions.
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.
No more than 250 feet measured longitudinally shall be opened in any street at any one time, except by special permission of the Engineer.
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.
Pipe drains, pipe culverts or other facilities encountered shall be protected by the permittee.
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 Engineer from the deposit pending determination of liability for the damage.
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 or caused to be removed or disturbed unless permission to do so is first obtained in writing from the Engineer. Permission shall be granted only upon condition that the permittee shall pay all expenses incident to the proper replacement of the monument.
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 Engineer.
When any earth, gravel or other excavated material is caused to roll, flow or wash upon any 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 Engineer shall cause such removal and the cost incurred shall be paid by the permittee or deducted from his deposit.
Every permittee shall place around the project such barriers, barricades, lights, warning flags and danger signs as shall be determined by the Engineer 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 Highways, Traffic Engineering Bureau's "Specifications for Control and Protection of Traffic on Construction and Maintenance Projects," Bulletin (No. 43) and any future revisions thereto. Copies of this publication shall be made available in the office of the Engineer for inspection by the public.
Additional safety requirements may be prescribed by the Engineer and, where applicable, shall be in conformance with the requirements set forth in the United States Department of Army, Corps of Engineers, publication: "Safety Requirements" (EM385-1-1 3-1-67) and any future revisions thereto. Copies of this publication shall be made available in the office of the Engineer for inspection by the public.
Whenever any person fails to provide or maintain the safety devices required by the Engineer, 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 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 Part.
Access to private driveways shall be provided except during working hours when construction operations prohibit provisions of such access. Free access must be provided at all times to fire hydrants.
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 Engineer may require the permittee to provide tow 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 Engineer. 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.
Work authorized by a permit shall be performed between the hours of 7:00 a.m. and 7:00 p.m., Monday through Saturday, unless the permittee obtains written consent from the engineer 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.
In granting any permit, the Engineer 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:
Limitations on the period of the year in which the work may be performed.
Restrictions as to the size and type of equipment.
Designation of routes upon which materials may be transported.
The place and manner of disposal of excavated materials.
Requirements as to the laying of dust, the cleaning of streets, the prevention of noise and other results offensive or injurious to the neighborhood, the general public or any portion thereof.
Regulations as to the use of streets in the course of the work.
Backfilling and Restoring Opening.
All pavement cuts, openings and excavations shall be properly made, backfilled and temporarily surfaced by the permittee according to Township specifications.
The Engineer must be notified by the permittee during the twenty-four-hour period preceding beginning of backfilling of the date and approximate time at which backfilling will be begun.
The work of the final restoration, including both paving surface and paving base, shall be performed by the permittee according to Township specifications.
If the Engineer 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 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 probably damaged area exceeds 25% of the total pavement surfacing 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.
After excavation is commenced, the work of making and back-filling the same shall be prosecuted with due diligence.
The Engineer shall make such inspections as he may deem necessary of all work authorized by a permit. The Engineer is empowered to provide a full-time inspector if necessary to ensure compliance with the provisions of this Part. The permittee shall pay for such inspections.
The permittee shall notify the Engineer in writing upon completion of all work accomplished under the provisions of the permit. A certificate of final inspection shall be issued by the Engineer 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 Engineer shall make a final inspection of the restoration to determine whether Township specifications have been adhered to.
If any settlement in a restored area occurs within a period of one year from 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 bond, unless the permittee submits proof satisfactory to the Engineer that the settlement was not due to defective backfilling.
In no case shall any opening made by a permittee be considered in the charge of the Township or any of its 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.
[Ord. 154, 8/13/1973, Art. V; as amended by Ord. 260, 3/11/1996, § 21-105]
Deposits. The minimum amount of the deposit shall be $250. 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 Part. 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 a deposit.
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.
Insufficient Deposit. If any deposit is less than sufficient to pay all costs, the permittee shall, upon demand, pay to the Township an amount equal to the deficiency. If the permittee fails or refuses to pay such 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.
Yearly Deposit. Whenever any public utility, if it does not elect to file a corporate bond as provided in Subsection 1, 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.
Refund of Deposit. Upon notification by the permittee that all work authorized by the permit has been completed, and after restoration of the opening, the Township Secretary upon approval by the Engineer shall refund to the permittee his deposit less all costs incurred by the Township in connection with said permit.
[Ord. 154, 8/13/1973, Art. VI]
Maintenance Bond Requirement. Each applicant upon the receipt of a permit shall provide the Township with an acceptable corporate surety bond to guarantee faithful performance of the work authorized by a permit granted pursuant to this Part. 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 upon the receipt by the permittee of a certificate of final inspection from the Engineer. If the permittee anticipates requesting more than one permit per year as required by this Part, he may furnish one continuing corporate surety bond in such amount as the Engineer 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 Part.
Default in Performance. Whenever the Engineer shall find 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 Engineer to be reasonably necessary for the completion of the work.
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.
[Ord. 154, 8/13/1973, Art. VII]
Each applicant, upon the receipt of a permit, shall provide the Township with an acceptable certificate of insurance indicating that he 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 be by himself, his subcontractor or anyone directly or indirectly employed by him. 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 Part. Public utilities and authorities may submit annually such evidence of insurance coverage in lieu of individual submissions for each permit.
[Ord. 154, 8/13/1973, Art. VIII; as amended by Ord. 2016-01, 3/14/2016]
Notices of New Improvements. When the Township shall improve or pave 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 repair 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 Board of Commissioners after consultation with the Township Engineer.
Restriction upon Open New Streets. No permit shall be issued by the Township Engineer 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 require that the proposed work be permitted or unless an emergency condition exists.
Penalty for Opening New Streets. If by special action of the Engineer a permit is issued to open any paved and improved street surface less than five years old, an additional charge in an amount as established, from time to time, by resolution of the Board of Commissioners shall be authorized for the opening.
[Ord. 154, 8/13/1973, Art. IX; as amended by Ord. 260, 3/11/1996, § 21-109; and by Ord. 2016-01, 3/14/2016]
Street List Requirements.
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 purpose, shall file with the Engineer, within 120 days after the adoption of this Part, a set of maps showing the location of the aforementioned facilities owned by such a person.
Within 90 days after the first day of January of each and every year, such person shall notify in writing the Engineer of the changes necessary to maintain the street list required in paragraph .A above.
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 Engineer a statement in writing giving in detail the location of the structure so abandoned.
Whenever there are manholes or tunnels associated with abandoned underground facilities, such manholes or tunnels shall be filled at the time of abandonment and the Engineer notified thereof in writing.
When the Township plans to pave or improve streets in which there are abandoned facilities, the owner of such facilities shall be required to remove them if in the opinion of the Township Board of Commissioners their removal is in the best interest of the Township. If the owner shall refuse to remove such facilities, the Township shall remove the abandoned facilities and the owner shall reimburse the Township for such removal.
Street Opening Permit Notice.
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 Engineer shall notify the affected property owners and/or tenants of the proposed work to be done.
If the work to be undertaken by a permittee will affect other subsurface installations in the vicinity of the proposed opening, the Engineer shall notify the owners of such facilities of the proposed work.
Penalties. Any person 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.
[Ord. 129, 12/15/1964, § 1]
Whenever it shall be deemed proper and necessary by the Board of Township Commissioners that sidewalks, curbs or footwalks shall be graded, constructed, paved, curbed, repaved, recurbed, laid or repaired along such streets of said Township, within any residence district thereof, the said Board of Township Commissioners shall by resolution at any meeting thereof, direct the Secretary to serve written notice upon the owners of property abutting on said streets or highways, requiring them to grade, construct, pave, curb, repave, recurb, repair or lay such sidewalks or footwalks, within 30 days from such notice and specify in said notice the width of said sidewalks, and the character of the same, whether of concrete, brick or other material, and the nature of the surfacing thereof.
[Ord. 129, 12/15/1964, § 2]
Upon failure of any owner of property abutting on said streets to do and perform any work required under the provisions of this Part within the time specified, the said Township Commissioners shall cause the same to be done and collect the cost of the work and material from the abutting property owners in the manner and with the penalty prescribed by the Acts of Assembly in such cases made and provided.