[Ord. 2017-02, 5/8/2017[1]]
1.
APPLICANT
DEGRADATION FEE
EMERGENCY
FOREMAN
PERMIT
PERMITTEE
PERSON
ROADWAY
TOWNSHIP
TOWNSHIP ENGINEER
WORK
The following words, when used herein, shall have the meanings ascribed
to them in this section, except in those instances where the context
clearly indicates otherwise:
Any person, as defined herein, who makes application for
a permit.
A fee charged for the excavation/opening of a road that has
been constructed or resurfaced within seven years.
Any unforeseen circumstance which calls for immediate action.
The Township Foreman of Public Works or his designee.
The approval issued to an applicant to perform any work covered
by the terms and conditions of this Part.
Any person who has been issued a permit and has thereby agreed
to comply with all the terms and conditions of this Part.
Includes any natural person, partnership, firm, association,
corporation, municipal authority or any other governmental entity.
Any public street, highway, road, easement, right-of-way
or alley within the Township of Leet, Allegheny County, including
that portion of any right-of-way which is improved with curbs and/or
sidewalks.
The Township of Leet, Allegheny County.
The Township Engineer of the Township of Leet, Allegheny
County, who shall be a Registered Professional Township Engineer in
the State of Pennsylvania, or his authorized representative or inspector.
Any and all activities of any kind or nature conducted by
a permittee, his agents, servants, employees, contractors and subcontractors,
which involves, to any extent, any roadway of the Township of Leet,
Allegheny County.
[1]
Editor's Note: This ordinance also provided for the repeal
of former Part 1, Street Openings, Excavations and Pavement Cuts,
adopted 8/13/1973 by Ord. 154, as amended.
[Ord. 2017-02, 5/8/2017]
1.
Permit Required. No person shall make any tunnel, opening or excavation
of any kind in, on or under the surface of any roadway without first
securing a permit from the Township for each separate undertaking.
Any person maintaining pipes, lines or underground conduits in or
under the surface of any roadway by virtue of any statute, ordinance
or franchise may, however, proceed with an excavation or opening without
a permit when emergency circumstances demand that the work be done
immediately for the preservation of the public health, safety or welfare,
and provided further that a permit could not reasonably and practically
have been obtained beforehand. Such person performing the emergency
excavation shall, thereafter, file an application for a permit, in
accordance with the requirements of this Part, on the first business
day of the Township, which permit shall be retroactive to the date
on which the emergency work was begun. The final determination as
to whether a situation is to be considered in an emergency shall be
made by the Township Engineer or Foreman.
2.
Limitation. No permittee shall perform any work beyond that originally
authorized under this permit to an extent greater than 10% in excess
of that specified in the permit, unless such excess work is approved,
in advance, by either the Manager, Foreman or Township Engineer and
the Township is paid any additional fees occasioned thereby. Upon
completion of any additional work which is not covered by the original
permit, the permittee shall file a revised application with the Township
reflecting the revised scope.
3.
Bonds. All bonds posted in connection with issuance of the permit
shall be deemed to cover all work which is covered by any permit issued
pursuant to this section.
4.
Emergency Exploratory Excavation. The provisions of this section
shall not apply to emergency excavations of any exploratory nature
made in order to determine the location of underground facilities;
however, the person doing the work shall, on the first day on which
the office of the Township is open for business following completion
of the excavation, file an application for a permit in accordance
with the requirements of this Part, which permit shall be retroactive
to the date the excavation was begun.
5.
Commencement of Work. The work for which a permit is issued shall
be commenced within 30 days from the date of its issuance. If the
work is not commenced by that date, the permit shall automatically
be considered as revoked, and, thereafter, a new permit for the work
will only be issued upon payment of a new permit fee and the renewal
of all necessary bonds. The permittee shall notify either the Foreman
or the Township Engineer, at least 24 hours in advance, as to the
date and time when the work will be commenced.
6.
Nontransferable and Nonrefundable. A permit is not transferable by
the permittee to any other person, and the permit fees shall be nonrefundable.
7.
Expiration. A permit shall terminate at the end of the period of
the time specified in the permit or upon completion of the work, whichever
occurs first. If the permittee is unable to complete the work within
the time specified in the permit, he shall, prior to its termination,
request an extension of time from either the Manager, Foreman or Township
Engineer, in writing, the Manager, Foreman or Township Engineer to
be provided with the reason for the requested extension. If the Manager,
Foreman or Township Engineer determines that an extension is necessary,
he may grant the permittee such additional time as he deems appropriate
for completion of the work, subject to an extension fee as set by
resolution of the Township.
8.
Right to Use Roadway. All permits shall be issued subject to the
rights of the Township and the public to use any roadway which is
the subject of the permit, for all purposes for which such roadway
may lawfully be used. The scope of all work performed shall be limited
to the Township's public right-of-way unless the permittee has
secured separate rights-of-way and/or easements in writing. Such permission
shall be made available to the permittee upon request to the Township,
and such permission shall not be unreasonably withheld.
9.
Revocation.
A.
A permit may be revoked by the Manager, Foreman, or Township Engineer,
after written notice to the permittee, as the result of any one of
the following:
(1)
A violation of any condition of the permit.
(2)
A violation of any provision of this Part or any other applicable
statute, ordinance or regulation relating to the work.
(3)
The existence of any condition or the doing of any act by the
permittee which constitutes or creates a nuisance or which endangers
the safety or property of the public.
B.
Written notice of the revocation shall be served upon the permittee
or his agent. The notice shall contain a brief statement of the reason
for the revocation, and it shall be effective if delivered either
by personal delivery to the permittee, or his agent, or by mailing
same to the permittee at the address on the application, by placing
same in the United States Postal Service, certified mail, return receipt
requested.
[Ord. 2017-02, 5/8/2017]
1.
In order to receive a permit, the applicant shall:
A.
Complete and file a written application with the Township Manager
and/or Secretary on the application form prescribed and furnished
by the Township.
B.
No work shall be commenced by the applicant until the Manager, Foreman or Township Engineer has approved the application and the permit has been issued, other than under those exceptions set forth in § 21-102 above, which pertain to emergency work. By the filing of the application for a permit, the applicant agrees that he shall perform the work in accordance with the terms of this Part, the permit, as issued, and all applicable laws and regulations pertaining thereto and that he shall be bound, in all respects, by the terms and conditions of this Part.
C.
If not set forth on the application form itself, the applicant shall
file three copies of all plans which show the extent of the work for
which the permit is being requested. Such plans shall include all
appropriate dimensions and other information which may be required
by the Foreman or Township Engineer.
D.
G.
Present evidence, if requested by the Manager, Foreman or Township
Engineer, that all material, labor and/or equipment necessary to accomplish
the work is available to the applicant.
H.
A copy of the permit shall, at all times while the work is in progress,
be available at the site of the work, and it shall be produced, upon
demand, to any authorized representative of the Township.
I.
Agree, by the filing of his application, to save the Township, its
Commissioners, Manager, officers, employees and agents harmless and
to indemnify all, or any, of them from any and all claims, damages,
suits, liabilities and costs which may arise, or be claimed to arise,
by reason of the work, either as authorized or as actually undertaken
by the permittee. The issuance of a permit, or the doing of any work
provided for by this Part, shall constitute the agreement, by the
person doing the work, to the provisions of this subsection, irrespective
of whether same is expressed elsewhere.
[Ord. 2017-02, 5/8/2017]
1.
No excavation in any roadway shall extend beyond the center line
of such roadway until the surface of the initial excavation is restored
to a condition which shall provide safe and convenient access for
pedestrian and vehicular traffic. At no time will the improved part
of a roadway be completely closed to vehicular or pedestrian traffic,
unless such closing is authorized, in advance and in writing, by the
Manager, Foreman or Township Engineer. If such closure is required,
a traffic control plan shall be prepared for approval by the Township
Engineer, with appropriate signage installed and maintained by the
permittee to safeguard vehicular and pedestrian traffic until the
roadway is reopened. Prior to any roadway closures, the permittee
shall provide notice of such closures to the Township Police Department,
Fire Department and to the school and Pittsburgh Port Authority if
impacted by this road closure.
2.
No more than 20 feet, measured longitudinally, of any roadway shall
be opened in any roadway until such time as the previously opened
surface of the roadway is restored to a safe and convenient condition
for vehicular or pedestrian traffic, unless such opening is authorized,
in writing, by the Manager, Foreman or Township Engineer.
3.
If the Township Engineer permits an opening larger than 50 feet,
measured longitudinally, then the Township Engineer may require the
permittee to overlay traffic lanes in which the openings were made
of the entire length of the street that was opened, if the Township
Engineer determines that the rideability or structural integrity of
the pavement has been impaired by the openings.
4.
If four or more cumulative openings are made within 100 linear feet
of pavement, the Township Engineer may require the permittee to restore
the entire disturbed pavement between the openings by milling or other
authorized method and overlaying half the roadway (center line to
curb) for patches on half the roadway or a complete overlay for patches
on both sides of the roadway.
5.
For any street that has been repaved in the past three years, the
permittee shall be required to pave/restore/overlay a minimum twelve-foot
width (or the entire street width if deemed appropriate by the Township
Engineer) which shall run the entire length of the opening, plus 50
feet past each end of the opening, and in compliance will all other
Township specifications.
6.
No excavation shall be made, or attempted, if it shall or may interfere
with any utility lines or other underground facilities, unless the
permittee has first secured the permission of the owners of all such
facilities.
7.
The permittee shall locate all underground facilities, including
sanitary sewers, storm sewers, gas lines, waterlines, telephone and
electrical conduits and all other underground facilities, sufficiently
in advance of the commencement of the work in order that damage to
any such facilities be avoided, as well as to permit their relocation,
if necessary. The permittee shall also comply with all the utility
notification requirements of any applicable law.
8.
If an underground facility is damaged by the permittee, such damage
shall be repaired and/or restored by the permittee, as necessary,
in accordance with the directions of the owner of the facility.
9.
No monument of granite, concrete, iron, steel, brass or other lasting
material shall be removed or disturbed, or caused to be removed or
disturbed, without the permittee first obtaining permission, in writing,
from the Foreman or Township Engineer to do so, in which case the
permittee shall pay the Township for all its expenses, including surveys,
necessary and incidental to all restoration or replacements of such
monuments by the Township.
10.
If a permittee shall cause any earth, sand, gravel, rock, stone or
other material to be either deposited upon or caused to roll, flow
or wash onto any roadway and there is thereby created a nuisance or
a danger to the public health and safety, the permittee shall cause
all such material to be promptly removed from the roadway. In the
event any such material is not removed within eight hours after notification
to the permittee by the Foreman or Township Engineer to do so, the
Township may then take all steps necessary to accomplish such removal,
the costs of the removal to be paid to the Township by the permittee.
11.
The permittee shall place all such barriers, barricades, lights,
warning flags, danger signs and other safety devices around the work
area as are reasonably necessary to protect the health and safety
of the public. All such safety requirements and precautionary measures
shall be based upon and conform, as applicable, to the requirements
set forth in Form 408, Pennsylvania Department of Transportation publication,
latest edition. The permittee shall also comply with any traffic control
plan which shall be made part of the permit. In the event the permittee
fails to comply with the provision of this subsection, the Township
may take the necessary steps to compel compliance; all costs incurred
by Township in so doing shall be paid to it by the permittee.
12.
At all times while the work is in progress and prior to its completion,
the permittee shall maintain safe crossings for pedestrian and vehicular
traffic at all roadway intersections and, in addition, safe crossings
for pedestrians at intervals of not more than 300 feet. Two lanes
of traffic shall, where possible, be kept open at all intersections
by the installation of covering steel plates. All such steel plates
shall be firmly secured and, where appropriate, imbedded in bituminous
material so as to withstand the normal flow of traffic. If the size
and character of the excavation makes it impractical to use steel
plates, the permittee shall so advise the Foreman or Township Engineer
at the time the application for the permit is filed, and the work
shall not commence until the Foreman or Township Engineer consents
to the omission of the steel plates.
13.
The permittee shall maintain vehicular access to all private driveways,
except during working hours when construction operations prohibit
such access, the owner of any driveway which is affected to be notified
of such non-access, by the permittee, prior to the commencement of
the specific work. The permittee shall also ensure that there is free
access, at all times, to the fire hydrants in the area covered by
the scope of the work.
14.
All excavated material shall be placed compactly along the side of
the trench so as to cause as little inconvenience and danger as possible
to vehicular and pedestrian traffic. When the Foreman or Township
Engineer deems it necessary, in order to expedite the flow of traffic
or to abate a dirt or dust nuisance, containment measures shall be
taken by the permittee to prevent the spread of excavated material
into traffic lanes. Temporary wooden plank walks shall be installed
where pedestrian traffic in the excavated area may cause inconvenience
to such pedestrians. If the roadway is not sufficiently wide to hold
excavated material, the permittee may use up to 1/2 the width of the
sidewalk along the sidewalk line for such material, the remainder
of the sidewalk to be kept open for pedestrian traffic. No excavated
material shall be permitted to enter any stormwater inlet or sanitary
sewer. All excavated material placed/stored on site deemed to be a
nuisance or safety concern by the Foreman or Township Engineer shall
be removed daily from the site.
15.
The Foreman or Township Engineer may, in addition to the conditions
set forth herein, impose such other conditions upon the issuance of
the permit as may be reasonably necessary to protect the health and
safety of the public during the course of the work.
[Ord. 2017-02, 5/8/2017]
1.
All excavations shall be backfilled with dry, compactable material
in accordance with PennDOT specifications, Form 408, latest edition,
and such material shall be thoroughly compacted by proper tamping.
The surface of the excavated area shall be restored to its original
or equal condition, unless the permittee is authorized, by the Manager,
Foreman or Township Engineer, to the contrary.
2.
Existing pavement which is removed in the course of the work shall
be cut back a distance of at least one foot beyond the outer limits
of the subgrade that is disturbed in order to prevent settlement,
the face of the remaining pavement to be vertically saw-cut. A concrete
saw shall be used for all concrete pavement cuts, and asphalt paving
shall be in a straight line.
3.
An applicant shall set forth, in detail on the application, all tunneling
or boring which is contemplated under a roadway.
4.
In the event any work performed by a permittee is deemed unsatisfactory,
in the opinion of the Manager, Foreman or Township Engineer, and if
such unsatisfactory work is not corrected in accordance with the instruction
of the Manager, Foreman or Township Engineer, or if the work is not
completed within the time specified in the permit, or any extension
of time thereof, the Township may proceed to correct such unsatisfactory
work or complete any uncompleted work, all costs thereby incurred
by the Township to be billed to and promptly paid by the permittee
or through the permittee's bond; provided, further, that the
Township, in addition to any other remedy that it may possess, may
proceed in assumpsit against the permittee or contractor, or may proceed
against the property in a proper case, to collect any costs incurred
by the Township, along with attorneys' fees and court costs and interest
at 6% per annum.
5.
All backfilling, as well as all other work, shall be accomplished
by the permittee with due diligence so that no roadway is obstructed
to a greater extent or for a longer period of time than is actually
necessary. If the work is not prosecuted with due diligence or, in
the opinion of the Manager, Foreman or Township Engineer, it does
not comply with the terms of this Part, the permit or sound Township
engineering practices, the Manager, Foreman or Township Engineer shall
so notify the permittee; and the permittee shall then be required,
within three days from his receipt of such notice, to proceed to complete
the work or correct any deficiency in the work. If the permittee does
not comply with the terms of this notice, the Township may then proceed
against the permittee who has not complied with all the requirements
of this Part relative to any prior permits issued to him, the Manager,
Foreman or the Township Engineer to be the judge of such noncompliance.
6.
The Manager, Foreman or Township Engineer shall have the right to
inspect all the work and is also authorized to secure such outside
inspection services as may, in his judgment, be necessary in order
to ensure compliance by the permittee with the provisions of this
Part and the permit.
7.
Should settlement of a restored area of the work occur within a period
of one year from the date of completion of the permanent restoration
by the permittee, such settlement shall be considered conclusive evidence
of defective work, and the Township may then take all action necessary
to correct the condition, the cost of such corrective action to be
paid by the permittee or through the maintenance bond.
8.
The Township shall not, in any way, be responsible for any part of
the work which is either omitted or improperly done by the permittee,
and no officer or employee of the Township is authorized to assume
any jurisdiction of or responsibility for such part of the work, except
when same becomes necessary in the exercise of the police power of
the Township in order to protect the public health and safety.
9.
If, in the judgment of the Manager, Foreman or Township Engineer,
traffic conditions or the public health, safety or convenience require
that any part of the work be performed as emergency work, the Foreman
shall have the authority to require that the permittee provide sufficient
labor, material and facilities on a twenty-four-hour basis to complete
that part of the work as soon as possible.
[Ord. 2017-02, 5/8/2017]
The applicant shall provide a certificate of insurance to the
Township, as part of its application for the permit, same to reflect
that the contractor, subcontractor or any other entity who shall actually
perform the work under the permit is insured against all claims for
bodily injury, including death, as well as all claims for property
damage, any of which may arise out if its performance of the work.
This insurance shall include completed operations and underground
coverages, and it shall name the Township and Township Engineer as
an additional insured. The Foreman or Township Engineer may require
increased limits in the insurance coverage based upon the nature and
extent of the work; however, the minimum limits for bodily injury,
including death, shall be $500,000 for each person and $1,000,000
for each occurrence and a minimum of $250,000 for property damage
for each occurrence.
[Ord. 2017-02, 5/8/2017]
1.
Requirements. Each applicant shall provide the Township, prior to
issuance of the permit, with a permit bond to guarantee full performance
of the work authorized by the permit, the form of the bond to be substantially
that supplied to the Township. The amount of the bond shall equal
the cost to complete the work, as estimated by the Foreman or Township
Engineer, including a maintenance bond guaranteeing the work for a
period of one year from the date of its completion, but in no event
shall any such bond be in an amount less than $1,000. All such bonds
shall have, as collateral thereto, either a cashier's check payable
to the Township or a corporate surety acceptable to the Township.
The Foreman or Township Engineer may, in the event that multiple permits
are to be issued to the same permittee, permit the applicant to furnish
one bond which shall be in such amount and subject to such terms as
the Foreman or Township Engineer deems necessary to cover all the
work to be done by the applicant under all such permits.
2.
Default. In the event the Foreman or Township Engineer determines
that there has been a default in the performance of the work, he or
she shall give written notice of the default to the permittee and
its corporate surety, if any, on the bond. The notice shall state
the action which is to be taken to correct the default, the estimated
cost of correction and the time deemed reasonably necessary for its
completion. If a notice of default is issued to a permittee, the Township
may condition issuance of future road opening permits to such permittee
upon submission of cash security or a letter of credit in place of
the bond required herein and may deny issuance of a permit in a case
where timely correction of a default is not undertaken.
3.
Correction of Default. In the event that, after receipt of the notice
of default, the default shall not be corrected by the permittee within
five days, then, in the case of a corporate surety, the surety shall
be required, within the time specified, to either cause the required
corrections be made or, in the alternative, pay over to the Township
a sum equal to the estimated cost determined by the Foreman or Township
Engineer for the making of the corrections. Upon receipt of such funds,
the Foreman or Township Engineer shall then proceed to have the work
completed; however, no liability shall be incurred by the Township
as a result of any such action taken by it, other than its responsibility
to see to the proper expenditure of any funds so received by it.
4.
Forfeiture of Cash Bond. Should the permittee have posted a cashier's
check as collateral to the bond, the Township shall have the right,
either following or in the course of its completion of the work, to
use such portion of the funds represented by said check as is necessary
to pay all costs and expenses incurred by it, any part of such funds
remaining thereafter to be returned to the permittee.
5.
Term. The effective term of a bond shall commence on the date of
issuance of the permit, and it shall continue, in full force and effect,
until a date one year from the date of approval of the final restoration
of the work by the Foreman or Township Engineer.
6.
Annual Bond for Utilities. Public utilities may be required or permitted
to post an annual bond with the Township, at the discretion of the
Township Manager, Foreman or Township Engineer. The form and amount
of the annual bond shall be determined by the Township Engineer or
Township Foreman based on the amount, nature and frequency of road
openings and the permittee's prior experience, if any.
[Ord. 2017-02, 5/8/2017]
If, in the opinion of the Manager, Foreman or Township Engineer,
the work to be undertaken is such that it will affect any property
which abuts or adjoins the area of the work, the Manager, Foreman
or Township Engineer may require the permittee to give notice of the
same to the owners and/or tenants of each such affected property.
In the case of disruption to electric, gas, phone, water or cable
services, the permittee will inform the Township Emergency Management
Coordinator, the Foreman and the Township Engineer of the expected
commencement and length of such disruption, such notice to be given
at a time not earlier than 48 hours and not later than 24 hours before
the disruption begins. Absent such notice, no disruption of said services
may commence without approval of the Township Engineer.
[Ord. 2017-02, 5/8/2017]
The Township Secretary shall provide the Police and Fire Departments
operating within the Township with a copy of any permit which prohibits
or restricts the flow of traffic on any roadway, and the permittee
shall be responsible for coordination between itself and the Police
and Fire Departments in order that the public safety be protected
during the course of the work.
[Ord. 2017-02, 5/8/2017]
Any person, partnership, firm, corporation or any other entity
which shall violate any provision of this Part shall, upon conviction
thereof, be sentenced to pay a fine of not more than $1,000 and/or
to suffer imprisonment for a term not to exceed 90 days. Each day
that any violation of any provision 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.
