[Adopted 6-17-1981 by Ord. No. 1519]
[Amended 6-15-1988 by Ord. No. 1628; 11-19-2008 by Ord. No. 1945]
A.
OPENINGS and EXCAVATIONS
PERSON
STREET
Definitions. As used in this article, the following terms shall have
the meanings indicated:
Including, but not limited to, open excavation, trenching,
tunneling, boring, directional drilling and plowing.
Means and includes any natural person, partnership, association,
utility, corporation or other entity.
The entirety of the right-of-way, including but not limited
to the cartway, curb, sidewalk and lawn.
B.
Applicability. It shall be unlawful for any person to make any opening
or excavation of any kind in or under the surface of any street without
first securing a permit from the Township of Ridley for each separate
undertaking.
C.
Emergency work. When emergency circumstances demand that repair work
be done immediately to prevent harm to persons and property, provided
that the permit could not reasonably and practically have been obtained
beforehand, 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. The Township of Ridley Police Department
shall be notified prior to such emergency openings. The person shall
thereafter apply for a permit on the first regular business day on
which the offices of the Township of Ridley are open for business
and said permit shall be retroactive to the date when the work was
begun, if approved.
D.
Nonemergency work. In all cases which are not emergencies, the applicant
shall file a street opening permit application with the Township at
least 10 days prior to work.
[Amended 11-19-2008 by Ord. No. 1945]
Work for which a permit has been issued shall
commence within 30 days after the issuance of the permit, but in default
thereof, the permit shall automatically be terminated. Additionally,
work shall be completed within six months after the permit has been
issued. An extension may be granted by the Township only for a good
cause shown, if an application has been made for an extension within
the time period of the life of the permit.
Permits are not transferable from one person
to another, and the work shall not be performed in any place other
than the location specifically designated in the permit. If additional
work is required other than listed in the original permit or work
in a different location, a new permit is required. All street openings
required by utilities owned and/or operated by the Township of Ridley
shall be made and restored under the direction and supervision of
the Township Engineer and as to which the permit, fee-deposit insurance
and bond requirements of this article shall not be applicable.
[Amended 11-19-2008 by Ord. No. 1945]
The provisions of this article shall not be
applicable, where the street or highway is owned or maintained by
the federal government, the Commonwealth of Pennsylvania or the County
of Delaware, if said organization notifies in writing the Township
of the location and description of the work to be done so that proper
safety precautions may be taken by the Township of Ridley during the
continuance of said work.
[Amended 11-19-2008 by Ord. No. 1945]
Any permit may be revoked by the Township, three
working days after notice to the permit holder that there is a violation
of any condition of the permit or provision of this article, if said
permit holder does not remedy the situation within that time. Such
notice shall be served on the permit holder by registered mail or
certified mail, return receipt requested, or personal service.
It shall be the duty and responsibility of any
applicant to:
A.
Make written application for such permit with the
Township in such form as he shall prescribe. No work shall commence
until the Township has approved the application and plan and has issued
a permit and until the permittee has paid and provided all fees, deposit
certificates and bonds required by this article.
[Amended 11-19-2008 by Ord. No. 1945]
B.
Furnish a plan showing the work to be performed under
the said period in triplicate. One copy of such plan shall be returned
to the applicant at the time the permit is granted.
C.
Agree in writing to save the Township, its officers
and police and agents harmless from any and all costs, damages and
liabilities which may accrue or be claimed to accrue by reason of
such work performed under said permit. The acceptance of any permit
under this article shall constitute such an agreement by the applicant
whether the same is expressed or not.
[Amended 6-15-1988 by Ord. No. 1628; 10-25-2000 by Ord. No. 1808; 11-19-2008 by Ord. No. 1945]
It shall be the duty and responsibility of any
person receiving a permit to:
A.
Pay a permit fee as set from time to time by resolution
of the Board of Commissioners; provided, however, that the public
utility companies and municipal authorities may, upon written notice
to the Township of Ridley, elect to be billed for such fees as they
accrue.
B.
Make a deposit to cover the costs of inspecting the
work authorized by the permit and the costs of restoring the street
surface removed or damaged by the work done under such permit. The
amount of such deposit shall be computed by the Township of Ridley.
In the case of public utility companies, the Township of Ridley may
waive this requirement of a deposit if such utility companies file
with the Township of Ridley their corporate bond in a form satisfactory
to the Township Solicitor, conditioned upon the payment to the Township
of Ridley of all costs which would otherwise be covered by and paid
out of such a deposit. In the event that such utility companies elect
to file such a bond, the Township of Ridley shall bill such utility
companies monthly for such costs as they accrue.
C.
Furnish a maintenance bond in an amount set by the
Township with a surety conditioned for the compliance with the street
repair openings specifications of the Township and the other provisions
of this article, and an amount in relation to the cost of restoring
the pavement, paid by the permittee, and a performance bond with surety
acceptable to the Township to guarantee faithful performance of the
work authorized by permit pursuant to this article. The amount of
said bond shall be 100% of the estimated cost of restoring the street
opening. It shall also expressly covenant that the work be done in
good and workmanlike manner and guarantee the work to remain in good
condition for 18 months after completion of the work.
D.
Furnish a certificate of insurance, naming the Township
as a coinsured on the policy indicating that the permittee is insured
against claims for damages for personal injuries 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 amount of insurance shall be prescribed
by the Township in accordance with the nature of the risk involved;
provided, however, that the liability insurance for bodily injury
shall not be in an amount less than $100,000 for each person and $300,000
for each accident, and for property damages in an amount not less
than $50,000 with an aggregate of $100,000 for accidents. Public utility
companies and authorities may be relieved of the obligation of submitting
such certification if they submit satisfactory evidence that they
are insured in accordance with the requirements of this article or
have adequate provision for self-insurance, which coverage is satisfactory
to the Township. Public utility companies and authorities may file
an annual certificate of insurance in lieu of individual certificates
for each permit.
E.
Submit a list of owners and/or tenants and the addresses
of all properties abutting the area where the work authorized by the
permit is to be performed. The applicant shall notify these residents
at least 10 days prior to the work being started by either hand delivery
or first-class mail. A copy of such notification along with a list
of those notified shall be filed with the Township before initiating
the work.
F.
Present evidence when required that all materials,
labor and equipment which are needed to complete the work authorized
by the permit are available. 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 Department,
Code Enforcement Officer, Engineer or police personnel.
[Amended 6-15-1988 by Ord. No. 1628]
A.
All utility facilities shall be exposed sufficiently
or a definite location shall be determined ahead of trench excavation
work to avoid damage to those facilities and to permit their relocation,
if necessary.
B.
Pipe drains, pipe culverts or other facilities encountered
shall be protected by the permittee.
C.
Any person whose facilities are damaged or caused
to be relocated by the permittee shall notify the permittee and the
Township of such damage and thereafter 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 Township from
the deposit pending determination of liability for damage.
[Amended 11-19-2008 by Ord. No. 1945]
D.
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.
E.
When any earth, gravel or other excavated material
is caused to flow, roll or wash upon any street, the permittee shall
cause removal of same from the street within eight hours after deposit
to permit safe flow of traffic. In the event that the earth, gravel
or other material excavated so deposited is not removed as specified,
the Township Engineer shall cause such removal and the cost incurred
shall be paid by the permittee or deducted from his deposit.
F.
Safety requirements.
[Amended 6-29-1994 by Ord. No. 1722]
(1)
All work shall be subject to the requirements of the
Township of Ridley Standards for Work Zone Maintenance and Protection
of Traffic, PennDot Standards or other applicable standards, whichever
are more stringent.
[Added 11-19-2008 by Ord. No. 1945[1]]
[1]
Editor's Note: This ordinance also repealed former Subsection
F(1), regarding the need for barricades, lights, warning flags and
danger signs, and former Subsection F(2), regarding the specific regulations
for barricades.
(2)
(Reserved)
(3)
All applicable rules and regulations of the Pennsylvania
Department of Labor and Industry shall be complied with.
(4)
Whenever any person fails to provide or maintain the
safety devices required by the Township 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.
(5)
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 article.
G.
Access to private driveways shall be provided except
during working hours when construction operations prohibit provision
of such access. Free access must be provided at all times to fire
hydrants.
H.
Work authorized by a permit shall be performed between
hours of 7:00 a.m. and 7:00 p.m., prevailing time, Monday through
Friday, unless the permittee obtains written consent from the Township
to do the work at an earlier or later hour. Such permission shall
be granted only in the case of an emergency or in the event that the
work authorized by the permit is to be performed in traffic-congested
areas.
[Amended 11-19-2008 by Ord. No. 1945]
I.
In granting any permit, the Township 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; and regulations as to the
use of streets in the course of the work.
[Amended 11-19-2008 by Ord. No. 1945[2]]
[2]
Editor's Note: This ordinance also repealed former Subsection
J, regarding use of a mechanical device for the breaking of pavement,
and Subsection K, regarding inspections of excavation sites, as amended,
and which immediately followed this subsection.
A.
All backfilling and restoration of pavement surface
shall be completed in accordance with the Township of Ridley trench,
backfill and restoration specifications.
[Amended 6-15-1988 by Ord. No. 1628; 11-19-2008 by Ord. No.
1945]
B.
The Township 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.
Backfilling must be completed within 36 hours of the installation
of the facility in accordance with Township specifications.
C.
No backfilling shall be accomplished unless or until
the Township Engineer or a designated Township inspector is present
or permission has been granted for backfilling after inspection by
the Township Engineer.
D.
The work of final restoration, including both paving
surface and paving base, shall be performed directly by the permittee
under the supervision of the Township Engineer, according to Township
specifications, and shall be subject to inspection by the Township.
[Amended 6-15-1988 by Ord. No. 1628; 11-19-2008 by Ord. No.
1945]
E.
If the work damages the paving surface adjacent to
the street opening, the permittee shall restore the damaged street
to the limits established by the Township Engineer or Code Enforcement
Officer.
[Amended 11-19-2008 by Ord. No. 1945]
F.
After excavation is commenced, the work of making
and backfilling the same shall be prosecuted with due diligence.
G.
Inspections of all work authorized by a permit issued
pursuant to this article shall be made by the Township of Ridley Engineer,
Highway Department or Code Enforcement Officer at such times and in
such manner as required to assure compliance with the provisions of
this article. If the nature of the work to be performed under any
permit is such as to require the services of a full-time inspector,
the Township Engineer shall provide for the services of such an inspector.
[Amended 6-15-1988 by Ord. No. 1628; 11-19-2008 by Ord. No.
1945]
H.
All inspection costs shall be borne by the permittee.
Such costs shall be based upon a schedule of charges on file in the
office of the Township Engineer.
I.
Upon completion of all work accomplished under the
provision of the permit, the permittee shall notify the Township in
writing. An interim inspection report by the Township is required
within 30 days after the permittee has notified the Engineer in writing
that the excavation and repair work has been completed. A certificate
of final inspection shall be issued by the Township Engineer to each
permittee no sooner than one year and not later than 18 months after
the permanent restoration of the excavation has been made, provided
that the work authorized by the permit has been performed according
to Township specifications. Prior to the issuance of a certificate,
the Township Engineer shall make a final inspection of the restoration
to determine whether Township specifications have been adhered to.
[Amended 11-19-2008 by Ord. No. 1945]
J.
If any settlement in a restored area occurs within
a period of 18 months from date of completion of the permanent restoration
and the permittee fails to make such correction after notification,
any expense 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 Township Engineer
that the settlement was not due to defective backfilling.
[Amended 11-19-2008 by Ord. No. 1945]
K.
In no case shall any opening made by a permittee be considered in the charge or care of the Township or any of its officers or employees, and no officer or employee of the Township 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; provided, however, that the Township assumes charge when making final surface restoration, unless permittee has been granted permission to perform the work of restoration of the street surface as hereinbefore provided in Subsection D of this section.
[Amended 11-19-2008 by Ord. No. 1945]
Every person owning, using, controlling or having
any interest in communications, cables and tele communications cables
along with pipes, conduits and 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 and from its inhabitants, or for any other purpose,
shall file with the Township within four months after the adoption
of this article, a written statement containing the names of the Township
streets wherein the aforementioned facilities owned by such person
are located.
[Amended 6-15-1988 by Ord. No. 1628]
Any person violating any of the provisions of
this article or any regulations and specifications adopted hereunder
shall, upon conviction therefor before a District Justice of the Township
or any other court of competent jurisdiction, be sentenced to pay
a fine of not more than $1,000 for each offense, and costs of prosecution,
and in default of payment of said fine and costs, shall be imprisoned
in the Delaware County Jail for a period not exceeding 30 days. Each
day that a violation is permitted to exist shall constitute a separate
offense.
