[1]
Editor's Note: This ordinance also repealed former Article
I, Excavations in and Installations Upon Streets and Roads, adopted
5-16-1974 by Ord. No. 51674A, as amended.
The following words, when used in this article, shall have the
meanings ascribed to them as follows:
Includes both singular and plural and shall apply to any
natural person, partnership, firm, association or corporation, including
public utility companies.
Any public street, avenue, road, alley, highway or other
public place located in the Township of Unity and established for
the use of vehicles, or any length, part or portion thereof, including
those portions, paved and unpaved, of rights-of-way forming a part
of the Unity Township public road system.
Pipelines, cables and the like installed primarily to provide
utility services to properties abutting on the street where said lines
are installed.
All pipelines, cables and the like installed primarily to
transmit energy or other products from one place to another without
its primary goal being to provide utility services to properties along
which said lines pass.
It shall be unlawful and a violation of this article for any
person to open or make any excavation in any street in the Township
of Unity without first securing a permit therefor as hereinafter provided.
A.Â
Permit application. Any person who desires to make any cut, opening
or excavation of any kind in any street in the Township of Unity shall
make application to the Township of Unity therefor, in writing. Such
application shall be made prior to the applicant beginning work in
or on the street upon applications furnished by the Township of Unity
setting forth the name of the applicant, the exact location of the
proposed opening or excavation and the approximate size or depth thereof.
The application shall contain a certification and agreement acknowledging
that the applicant's work shall be done in full compliance with
all of the ordinances of the Township of Unity and the laws of the
Commonwealth of Pennsylvania applicable to same, and that the applicant
will hold harmless, indemnify and defend any and all actions, suits,
demands, payments, costs and charges arising from or relating to the
proposed opening, excavation or work related to same, and all damages
to persons or property resulting in any manner therefrom or occurring
in the prosecution of the work connected therewith, or from any other
matter, clause or thing related thereto. Said application shall be
made with the Ordinance Enforcement Officer of the Township of Unity.
B.Â
Financial security. The applicant shall post financial security in
a form acceptable to the Township, issued by a licensed surety company
authorized to do business in the Commonwealth of Pennsylvania, in
an amount as specified by the Engineer of Unity Township to secure
the applicant's obligations to the Township under this article.
Such bond shall remain in effect until all work contemplated in the
application is completed by the applicant and approved by the Township.
All public utility companies requesting a permit to open or excavate
the surface of a street shall furnish a corporate surety bond in a
form approved by the Township. Public utility companies may post a
single bond or other form of financial security (e.g., a "blanket
bond") acceptable to the Township as security for all work performed
within the Township's public road system on an annual basis.
Before any permit is issued to open or excavate any street in
the Township, the applicant shall pay a permit fee in an amount as
may be fixed and determined by a duly adopted resolution of the Board
of Supervisors to cover the costs of inspection and other incidental
services in connection therewith. Before any permit is issued, the
application, as hereinabove set forth, shall be reviewed by the Township
Engineer, who shall determine the amount of financial security to
be posted to cover the proper restoration of the area to be disturbed
by the applicant. The amount of financial security determined by the
Township Engineer shall be conditioned upon the faithful performance
of all requirements and the prompt payment of all costs set forth
in this article. Such financial security shall be furnished prior
to, and as a condition of, the granting of the permit hereunder.
A.Â
Restoration. Any person who opens or excavates in any street in the
Township shall thoroughly and completely refill the opening or excavation
to prevent any settling thereof and restore the surface to the same
condition as it was before the opening or excavation.
B.Â
Specifications. Unless directed otherwise by the Township Engineer,
such restoration shall be carried out and conform to the following
standards and specifications:
(1)Â
All backfilling shall conform to the original contour of the surface
unless the Board of Supervisors directs otherwise.
(2)Â
All backfilling shall be done with mechanical compaction.
(3)Â
Backfilling under pavement shall consist of No. 2 modified stone,
in layers, each layer being six to eight inches in depth maximum.
Such backfilling shall stop eight inches below the road surface where
the cartway has no stone base and 12 inches below the road surface
where the cartway has a stone base.
(4)Â
Road pavement having no stone base shall be restored with six inches of ID No. 2 compacted binder course and two inches of ID No. 2 compacted finish course material over No. 2 modified stone as required by Subsection B(3) above.
(5)Â
Road pavement having a stone base shall be restored by replacing
the stone base excavated with 10 inches of No. 4 stone compacted in
two layers to eight inches and choked with No. 1 crushed stone. Over
said restored stone base shall be added three inches of ID No. 2 binder
bituminous concrete and completed with one inch of ID No. 2 wearing
course.
(6)Â
Cutting and replacement of pavement shall be 12 inches on each side
of the trench and is to include replacement of stone base in these
areas. All joints are to be square and properly sealed.
(7)Â
All paving materials shall conform to Pennsylvania Department of
Transportation specifications as set forth in the most recent edition
of PennDOT Form 408.
(9)Â
All berm areas shall be backfilled completely to the surface with
No. 2 modified stone.
(10)Â
Where a portion of the right-of-way is maintained as a lawn,
backfilling shall consist of No. 2 modified stone stopping 12 inches
below the surface, the remaining 12 inches to the surface to be backfilled
with suitable soil for planting. The Board of Supervisors retains
the discretion to require backfilling with No. 2 modified stone to
the surface where it is determined that the cartway or right-of-way
shall be benefited by widening of the berm area. Should there be a
question as to whether a portion of the right-of-way is maintained
as a lawn or hen-n area, the decision of the Supervisors will be final.
(11)Â
Whenever possible, pipe should be located three to four feet
from the edge of the paved cartway and at the center of the trench.
Trenches shall be wide enough to allow compaction of material on each
side of the pipe.
(12)Â
Existing gutters composed of stone or other material removed
in the course of opening and excavating a street shall be replaced
with six inches of ID No. 2 compacted binder course and two inches
of ID No. 2 finish course material over No. 2 modified stone.
(13)Â
Cleat marks on the edge of the pavement shall be avoided. Contractors
shall take necessary steps to avoid this type of damage.
(14)Â
If, within three years after the restoration of the surface
as herein provided, defects appear in the backfilling or surfacing
by the applicant as set forth hereafter, the applicant shall, within
10 days' notice by the Township, refill and/or resurface the
opening or excavation as herein provided. If the applicant fails to
refill and/or resurface the opening or excavation within 10 days,
the Township may make the repair and invoice the applicant for the
cost of same plus 20%. In the event payment is not made within 30
days of the date of the invoice, the Township may collect same as
set forth hereafter.
C.Â
Overlays and resurfacing. In the event excavation in, or the replacement
of, any street as herein defined results in three or more replacement
areas (hereinafter referred to as a "patch" or "patches") within any
250-linear-foot area, the applicant or permittee making the third
"opening" shall be responsible to mill and pave or overlay the entire
road surface within the 250-linear-foot area in which such patches
are located. Such restoration shall be from edge to edge of the paved
cartway. Such reconstruction and overlaying shall be conducted using
the practices and procedures established for repairing street openings
or other provisions of this article associated with construction requirements
for new roads. Such resurfacing may also be carried out by another
method proposed by the applicant/permittee if, in the sole and exclusive
judgment of the Township, same will obtain an equal or better result.
The selection of methods shall be within the sole discretion of the
Township and determined by the nature and extent of the conditions
existing within the road, the nature of the excavation and the repairs
necessary to achieve a smooth and lasting transition between the area
of the overlay and the existing road. In addition to any overlay,
the applicant or permittee shall also be required to install handicap
accessible ramps at intersections consistent with the terms of the
Americans with Disabilities Act.
D.Â
In addition to the foregoing, the Township may require restoration
measures over and above the minimum requirements set forth herein
should the Supervisors determine, in their sole discretion, that such
additional measures are required under the circumstances for proper
restoration.
All work in connection with the openings in any street, including
the excavation, protection, refilling, temporary paving or permanent
paving, shall be done by the applicant at their own expense, subject
to the supervision and approval of the Township Engineer. The Township
Engineer may require that the cutting of the surface of an approved
street and backfilling of all excavations therein shall be done by
the Township or its designee, and that the charge therefor shall be
paid by the applicant on the basis of the actual costs of the work
plus 20%. Applicants shall reimburse the Township for any engineering
costs it incurs relating to the work performed by applicants. The
financial security posted by the applicant shall remain in place for
a period of three years following the completion of the backfilling
and surface restoration, and may be released thereafter provided the
Township Engineer has submitted a certificate approving the work of
the applicant and the Township has received all costs or payments
required to be paid by the applicant.
Nothing contained herein shall be interpreted to mean that any
use of the streets and the roads of Unity Township may be made by
anyone other than a licensed utility company registered with the Pennsylvania
Public Utility Commission or some equivalent licensing agency for
the purpose of installing utility service lines in the streets of
Unity Township. No opening or excavation in any street of Unity Township
shall be made by any licensed utility company or its equivalent for
the installation of utility transmission lines without the prior written
approval of the Township. Said permission to install utility transmission
lines may be denied by the Board of Supervisors of Unity Township
for good cause, including the desire to obtain money damages for the
Township's loss of use of any rights-of-way occasioned by the
installation of the utility transmission lines. Furthermore, Unity
Township may deny to any person the right to make any excavation into
or on any street in the Township when the same is deemed to be adverse,
or presents a danger to, the public health, safety and welfare. Furthermore,
nothing contained herein shall be deemed to prohibit property owners
from connecting onto public utility lines already existing in any
streets of Unity Township abutting on the properties thereto; provided,
however, that a permit is obtained in conformity with this article.
A.Â
No opening or excavation in any street shall extend from the curbline
into a street a distance greater than one foot beyond the center line
of the street without first being refilled and the surface of the
street restored to a condition safe and convenient for travel.
B.Â
All excavation work contemplated herein shall be conducted as not
to interfere with water mains, gas lines, sewers or their connections
with houses, until permission from the proper authorities in connection
with such subservice lines or construction has been obtained.
C.Â
The applicant shall be responsible for the control of traffic during
the excavation and backfilling process. During same, the applicant,
their employees, workmen, agents or assigns shall take all necessary
and reasonable precautions to keep the street in a safe and passable
condition and ensure that all permits have been issued and in place.
Any person, corporation, entity or firm performing any excavation
in a Township road shall indemnify, save and keep harmless the Township
from any loss or claims for damages which may be occasioned by their
excavation within the roadway, or by any leak, explosion or other
injury from any pipe, conduit or any other facility damaged as a result
of the excavation.
D.Â
In the event any work performed by, for or on behalf of a permit
holder shall, in the opinion of the Township Engineer, be unsatisfactory
and is not correct to the satisfaction of the Township Engineer within
the time affixed by said Engineer, the Township may proceed to correct
such unsatisfactory work and charge therefor the costs thereof, plus
20%, to the applicant.
E.Â
In order to facilitate snow removal activity by the Township and
the ability of Township residents to travel during the winter months,
no permit shall be issued and no opening or excavation of public roadways
shall be permitted during the winter months, beginning November 1
and continuing until March 31 of the following year. Specifically
excluded from the provisions of this subsection is any emergency work
required by utility companies and the excavation of public roadways
for new utility service connection where said opening does not exceed
an area more than three feet wide and having a length equal to the
width of the public roadway as measured from berm to berm.
A.Â
If an emergency shall arise, it may be lawful for the person owning
or responsible for the pipe, line, facility or apparatus to commence
excavation on an emergency basis to remedy such emergency condition
before securing a permit. An application for a permit shall, however,
be made no later than the next business day after the excavation begins.
B.Â
If an emergency condition is not immediately attended to by the owner
or person responsible for the correction of same, the Township, after
such notice as shall be deemed necessary, may proceed to perform the
work required to remedy the circumstances giving rise to such emergency
and assess the actual costs incurred by the Township against the person
responsible for same plus 20%.
C.Â
In any event, following the undertaking of emergency repairs, the
roadway shall be repaired in accordance with the standards and specifications
for restoration and backfilling as set forth in this article within
a time period established by the Township Engineer.
In the event the Township is required to perform work under
this article, payment for same shall be made by the person whose failure
occasioned the Township's performance within 30 days after a
bill is presented to such person by the Township. Upon failure to
pay such charge within such time, the same may be collected by the
Township in any manner provided by law.
Any person who violates the provisions of this article shall
be subject to a penalty of not less than $300 nor more than $600 together
with all costs, expenses and attorneys' fees incurred in the
prosecution of same. Each day that a violation continues to exist
shall be a separate violation of this article and subject the violator
to a separate penalty as set forth herein. In addition to the payment
of any fine hereunder, the Township may enforce the terms of this
article, and any rights conferred upon the Township under same, through
any action, at law or in equity, available for the enforcement of
same. In addition to the recovery of any costs, damages, penalty,
or the receipt of equitable relief, the Township shall be entitled
to recover all costs, expenses and attorneys' fees incurred in
any proceedings to enforce any right, duty or obligation under this
article.