[Adopted 8-24-2004 by Ord. No. O-11-04]
Editor's Note: This ordinance also repealed former Article I, Excavations in and Installations Upon Streets and Roads, adopted 5-16-1974 by Ord.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, including those portions, paved and unpaved, of rights-of-way forming a part of the Unity Township road system.
- UTILITY SERVICE LINES
- Pipelines, cables and the like installed primarily to provide utility services to properties abutting on the street where said lines are installed.
- UTILITY TRANSMISSION LINES
- Pipelines, cables and the like installed primarily to transmit energy or 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 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.
Any person who shall desire to make any opening or any 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 upon applications furnished by the Township of Unity, shall set forth the name of the applicant, the exact location of the proposed opening or excavation and the approximate size or depth thereof and shall contain an agreement on the part of the applicant that the 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 in relation thereto and that the applicant will well and truly save, defend and keep harmless the Township from, and indemnify it against, any and all actions, suits, demands, payments, costs and charges for and by reason of the proposed opening or excavation 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.
The applicant shall give and grant unto Unity Township a performance bond with the surety acceptable to the Board of Supervisors of Unity Township, issued by a licensed surety company authorized to do business in the Commonwealth of Pennsylvania, or a cash bond or a pledge or securities or their equivalent as may be agreeable to the Unity Township Board of Supervisors, in an amount as specified by the Engineer of Unity Township.
Before any permit shall be issued to open or excavate any street in the Township of Unity, the applicant shall pay to the Ordinance Office a permit fee in an amount as may, from time to time, 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 shall be 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 financial security amount as determined by the Township Engineer shall be conditioned upon the faithful performance of all matters 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.
Any person who shall open or excavate any street in the Township shall thoroughly and completely refill the opening or excavation so as to prevent any settling thereof and restore the surface to the same condition as it was before the opening or excavation.
Such restoration shall conform to the following minimum standards and specifications:
All backfilling shall conform to the original contour of the surface unless the Board of Supervisors directs otherwise.
All backfilling shall be done with mechanical compaction.
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.
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.
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.
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.
All paving materials shall conform to Pennsylvania Department of Transportation specifications as set forth in the most recent edition of PennDOT Form 408.
All berm areas shall be backfilled completely to the surface with No. 2 modified stone.
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.
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.
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.
Cleat marks on the edge of the pavement shall be avoided. Contractors shall take necessary steps to avoid this type of damage.
In addition, the Board of Supervisors may require compliance with additional specifications and guidelines over and above the minimum set forth herein should the Supervisors determine, in their sole discretion, that such additional specifications and guidelines are required in 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 his own expense, subject to the supervision and approval of the Township Engineer, provided that 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 the charge therefor shall be paid by the applicant on the basis of the actual costs of the work plus 20%. Additionally, applicants shall reimburse the Township for any engineering costs it incurs as a result of services rendered the Township by its Engineer relative to the work performed by applicants. The bond, as hereinbefore provided for, shall be released two years after the completion of the backfilling, provided that the Township Engineer has submitted the 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 only 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 Board of Supervisors of Unity Township, given after public meeting and adoption of a motion authorizing the same. 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 use of any rights-of-way of Unity Township for the installation of 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 harmful or dangerous to the public health, safety and welfare. Furthermore, nothing contained herein shall be deemed to prohibit property owners from connecting on to 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.
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 before being refilled and the surface of the street restored to a condition safe and convenient for travel.
The excavation work shall be so conducted as not to interfere with water mains, gas lines, sewers or their connections with houses, until permission of the proper authorities in connection with such subservice lines or construction shall have been obtained.
During the making of any excavation in any street, every necessary and reasonable precaution shall be taken by the applicant and the parties making the same to keep the street in a safe and passable condition, both day and night, by guards, barriers, lanterns and other devices, and all permits are granted under and subject to the express condition that the person to whom the same is issued shall indemnify, save and keep harmless the Township from any loss from damages or otherwise which may or shall be occasioned at anytime by said excavation or by any leak, explosion or other injury from any pipe, conduit or any other matter placed in the excavation.
In the event that any work performed by or for a permit holder shall, in the opinion of the Township Engineer, be unsatisfactory and the same shall not be 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.
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 being no more than three feet wide and having a length equal to the width of the public roadway as measured from berm to berm.
If an emergency shall arise, it may be lawful for the person owning or responsible for the pipe, line, construction or apparatus to commence excavation on an emergency basis, if necessary, 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 thereafter.
If an emergency condition shall not be immediately attended to by the owner or person responsible, the Township, after such notice as shall be deemed necessary, shall proceed to perform the work required by such emergency and assess the costs of the same to the person responsible on the basis of actual costs, plus 20%, as determined by the Township Engineer.
In any event, following the undertaking of emergency repairs, the roadway shall be repaired in accordance with the minimum standards and specifications for restoration and backfilling as set forth in § 100-5 within a reasonable time. For the purposes of this section, a "reasonable time" shall mean within 30 days of any work performed from April 15 through December 1 or, for emergency repairs undertaken from December 1 through April 15 of the following year, by May 1 of that following year.
Payment for all work done by the Township on the provisions hereof shall be made by the person responsible therefor under the provisions hereof within 30 days after a bill is presented to such person by the Township Secretary. Upon failure to pay such charge within such time, the same shall be collectible by the Township in the manner provided by law for the collection of municipal claims.
Any person found by the District Justice to have violated any provision of this article shall be subject to a fine of not less than $100 nor more than $1,000, together with all court costs and reasonable attorney's fees incurred by Unity Township in the enforcement of this article in a civil enforcement proceeding. Further, the appropriate officers or agents of the Township of Unity are hereby authorized to seek equitable relief, including injunction, to enforce compliance with this article.