[Adopted 8-23-1971 by Ord. No. 51 (Ch.
21, Part 1, of the 1993 Code)]
No person shall make any excavation in any street
within the limits of Upper Pottsgrove Township without having first
obtained a permit to do so from the Board of Commissioners of the
Township in the manner hereinafter provided. Permits for road paving
work shall be issued only to competent road building contractors.
As used in this article, the following terms
shall have the meanings indicated:
The opening, breaking of the surface or tunneling under any
street for any purpose whatsoever, including, but not limited to,
the performance of any curbing or paving work, the erection of any
telegraph, telephone, electric light or other pole or the laying of
any pipe, drain, culvert, sewer, wire, cable or other conduit.
Any road, highway, public way, public alley, easement or
other right-of-way conditionally or unconditionally accepted by Upper
Pottsgrove Township or dedication as a public street, or maintained
by the Township as well as any state or county road or highway over
which the Township has acquired jurisdiction.
Application for a permit shall be to the Township
Secretary on forms provided by same and shall contain the following
information:
A.
The name and address of the applicant.
B.
The name and address of the person for whom the work
is to be performed, if other than the applicant.
C.
The time when the work is to be commenced and completed.
D.
The nature of the surface in which the opening is
to be made.
E.
Where the purpose of the work is to connect an abutting
property to any utility, the street address of the property to be
connected, or if there is no street address, then such other information
as will adequately identify the property, and the name and address
of the property owner.
F.
Appropriate proof that the applicant is a competent
road building contractor or is otherwise qualified to obtain a permit
under the provisions of this section.
G.
Such other information as may appropriately be required.
H.
Each application shall be accompanied by a plan showing
the exact location and dimensions of all openings in reference to
the nearest street intersection or some other fixed point or monument,
as well as the location and character of all work to be performed.
The application shall also be accompanied by an agreement from the
applicant to indemnify and hold harmless Upper Pottsgrove Township
from all loss or damage resulting from the excavation or any work
performed in connection with it.
[Amended 3-8-1993 by Ord. No. 243]
At the time of making the application, the applicant
shall pay a fee, in an amount as established from time to time by
resolution of the Board of Commissioners, to cover the administrative
costs in processing the application. In addition, the applicant shall
pay a charge for services rendered in investigating the facts stated
in the application as well as the cost of any inspections of the proposed
work which may be necessary. The charge for services shall be based
on two times direct payroll costs for the employees of the Township
or the Township Engineer engaged in the work, plus out-of-pocket expenses
at cost. Direct payroll cost per hour for each employee engaged in
rendering services in investigating the facts stated in the application
or making inspections of the proposed work shall be determined by
dividing the employee's annual pay rate plus the employer's contribution
to social security taxes by 2,000 hours. Out-of-pocket expenses shall
include, but are not limited to, traveling expenses, laboratory tests
and long distance telephone and telegraph charges.
All permits issued under this section shall
be subject to the following rules and regulations:
A.
All excavations shall be kept properly barricaded
at all times and during the hours of darkness shall be provided with
proper warning lights. This regulation shall not excuse the permittee
from taking any other reasonably necessary precaution for the protection
of persons or property.
B.
All work shall be done in such a manner as to cause
a minimum of interference with travel on the street affected. No street
shall be closed to traffic unless the closing is approved by the Township
Commissioners.
C.
The Highway Committee or its duly authorized representative
may, upon application by the permittee, extend the time limit during
which the permit shall be valid.
D.
No work shall be done in such a manner as to interfere
with any water main or sewer line or any connection with either of
the same from any building unless that is the purpose of the excavation
or permission has been obtained in advance from the Highway Committee
or its duly authorized representative. No work shall be carried on
in such a manner as to result in destruction or damaging of any property
of Upper Pottsgrove Township unless this is necessary for completion
of the work and permission has been obtained in advance from the Township
department or agency having jurisdiction over such property.
E.
All excavations shall be completely backfilled by
the permittee. As much as possible of the material excavated shall
be replaced. Such material shall be compacted by mechanical tamping
or other suitable means. Where the Highway Committee, or its duly
authorized representative, determines that the excavated material
is unsuitable for backfill, the permittee shall backfill the excavation
with sand, soft coal, cinders or other suitable material which shall
be placed in layers not exceeding six inches in depth and thoroughly
compacted in the manner prescribed by the Highway Committee or its
duly authorized representative. Upon completion of the work, the permittee
shall remove any excess material and leave the premises in a clear
condition. If the Highway Committee determines that any backfilled
excavation has settled or caved in, they shall so notify the permittee,
who shall promptly continue backfilling until the Highway Committee
or its duly authorized representative determines that settlement is
complete.
F.
If tunneling operations are required, the tunnel shall
be backfilled with rammed concrete composed of one part cement to
six parts sand.
G.
If blasting is required to be done in the course of
any excavation, it shall be done in strict compliance with all applicable
state laws and regulations. Any rock or other substance within five
feet of any water main, sewer line or other facility which may be
damaged by blasting shall be removed without blasting.
H.
If the work is not completed within the time specified
in the permit or any extension granted by the Highway Committee or
its duly authorized representative, or is not performed in accordance
with the regulations set forth in this section and any other regulations
that may be established by the Highway Committee or its duly authorized
representative, then the Highway Committee or its duly authorized
representative may complete the work itself and restore the surface
of the street. The cost of completing the work and restoring the street
shall be charged to the permittee and may be recovered by an action
in any court of competent jurisdiction.
The permittee shall restore the surface of the
street in accordance with the following rules and regulations:
A.
No permittee shall commence the restoration of any
street, foundation or surface until the Highway Committee or its duly
authorized representative has determined that the settlement of the
subsurface is complete and the area properly prepared for restoration.
B.
All openings shall be capped with a seven-inch-thick
slab of 3,000 pounds per square inch air-entrained concrete which
shall project at least eight inches beyond the edge of the excavation
at all points and shall bear on a shoulder of undisturbed soil. The
top of the concrete slab shall be at least one inch below the finished
road surface in order to receive a macadam wearing surface. The finish
of the concrete slab shall be scarified in order to provide a rough
surface and shall be permitted to set for at least three days during
which time no traffic shall be permitted to pass over it.
C.
After the expiration of the three-day period, the
scarified surface of the concrete slab shall be coated with tar on
which shall be laid a wearing coarse of ID-2 bituminous macadam at
least one inch thick. The wearing course shall be properly finished
and rolled into alignment with the adjacent road surface.
D.
All road equipment used in connection with the work
shall have pneumatic tires, and proper pads shall be placed between
the street and the machine-bracing mechanism to protect the street
surface against damage.
E.
The permittee shall reimburse the Township for any
additional pavement restoration charges or inspection charges not
anticipated at the time the permit was issued within 30 days after
receipt of a statement from the Township Secretary setting forth the
amount due.
[Amended 3-8-1993 by Ord. No. 243]
A.
Transferability. Every permit shall apply only to
the person to whom it is issued and shall not be transferable.
B.
Commencement of work. Work under a permit shall commence
within 45 days from the date of issuance of the permit. If work is
not commenced within that time, the permit shall automatically terminate.
C.
Possession of permit. A copy of the permit together
with a copy of the plan endorsed with the approval of the Highway
Committee or its duly authorized representative must be kept in the
possession of the person actually performing the work and shall be
exhibited upon demand to any duly authorized employee of Upper Pottsgrove
Township.
D.
Completion of work. All work done under a permit must
be completed as expeditiously as possible. Backfilling of the excavation
shall commence immediately after the work is completed and shall be
carried on without interruption until backfilling is completed. In
cases where weather or other conditions make this impossible, the
work of backfilling is to be commenced or resumed as soon as conditions
will permit.
E.
Revocation of permit. The Highway Committee or its
duly authorized representative may revoke a permit for any of the
following reasons:
F.
The Highway Committee or its duly authorized representative
may suspend any permit immediately without being required to hold
any hearing on the subject. However, except in the case of an emergency
which will not permit delay, no permit shall be permanently revoked
until the permittee has been afforded an opportunity for a hearing
before the Highway Committee. The Highway Committee may provide in
its decision that the revocation shall not become effective if the
permittee, within a specified time, corrects the condition which led
to the permit being suspended.
G.
Modification of permit conditions. The Highway Committee
or its duly authorized representative may in a special case impose
special conditions to which the issuance of a permit may be subject,
or may decide that any provision of this section shall not apply or
shall be altered.
H.
Penalties. Any person who shall violate any provision
of this article shall, upon conviction thereof, be sentenced to pay
a fine not exceeding $1,000 and cost and, in default of payment thereof,
shall be subject to imprisonment for a term not to exceed 30 days.
Each day that a violation of this article continues shall constitute
a separate offense.
The Highway Committee may make any rules or
regulations which it considers necessary for the administration and
enforcement of this article, but no regulation shall be inconsistent
with or alter or amend any provision of this article or impose any
requirement which is an addition to or greater than those expressly
or by implication imposed by this article. Copies of all current regulations
shall be furnished each permittee at the time of the issuance of the
permit. Violation of any rule or regulation made by the Highway Committee
shall be considered a violation of this article.
