[Adopted 4-13-1961 by Ord. No. 1026]
A.
BOARD OF COMMISSIONERS
EXCAVATION
FACILITY
IMPROVED SURFACE
PERSON OR PERSONS
PUBLIC PLACE
SIDEWALK AREA
UNIMPROVED SURFACE
Definitions. The following words, terms and phrases
as used in this article shall have the meanings given herein:
The Board of Township Commissioners, Department of Public
Works, the Township Secretary and the Township Engineer or their authorized
representatives.
Any break or opening in the surface or subsurface of any
public place in any manner whatsoever.
Any pipe, sewer, drain, conduit, tunnel, manhole, duct, vault,
buried wire or cable, meter, gauge, valve, regulator, junction box,
transformer, tower, wire, pole, anchor, phone booth, curb, curb and
gutter, sidewalk, driveway or any other object, structure or material
of any kind, whether mentioned herein or not, which may be lawfully
constructed, left, placed or maintained in, across, under, over, upon
or along any public place.
Any surface which is paved with cement concrete, bituminous
concrete, penetration asphalt or any other material.
Any person or persons, corporation, partnership, individual,
association, company or any organization.
Any township street, road, highway, avenue, lane, place,
way, alley, footpath, sidewalk, park or any public property owned
or controlled by the Board of Commissioners.
The area between the curbline and the side of the right-of-way
in any township street, road, highway, avenue, lane, place or way.
Any surface which is not paved.
B.
When not inconsistent with the context, words used
in the singular include the plural, and words in the plural include
the singular, and words used in the present tense include the future.
The word "shall" is always mandatory.
It shall be unlawful for any person to make,
cause or permit to be made or caused any excavation or opening in
or under the surface of the ground or paved areas within the boundaries
of any public place, for the purpose of installing, repairing, erecting,
replacing or making connections to any facility, without first obtaining
from the Board of Commissioners a permit therefor before such work
is begun and without complying with such other requirements as herein
specified.
Before such permit is issued, a written application
on a form to be furnished for that purpose by the Board of Township
Commissioners must be filed with the Department of Public Works. The
written application shall state the name, address and principal place
of business of the applicant and set forth the purpose for which the
said public place is to be excavated, the location and dimensions
of said excavation and the purpose of the facility. The applicant
shall agree to assume all liability for all or any damages to persons
or property accruing to the public or to the said township which may
or might result from the opening, excavating or occupying of said
public place.
The filing of an application and the issuance
of a permit shall constitute an agreement on the part of the applicant
to comply with the terms of this article and all rules, regulations,
resolutions and requirements of the Board of Commissioners now in
force or hereafter adopted, and shall constitute an agreement to indemnify
and save harmless the township from and against all claims, demands
and actions for damages either to persons or property that may be
sustained by any person by reason of or arising out of any work done
or action taken under the application and permit. Prior to the issuance
of a permit, the applicant shall file with the Board of Commissioners
a certificate showing that the hereinafter-mentioned insurance is
carried in the specified amounts, obtained from a reputable company
satisfactory to the township, or file a self-insurance certificate
as issued by the Pennsylvania Department of Labor and Industry and
the Pennsylvania Department of Revenue. Such certificate shall specify
that the contractual liability required under this article is covered
and shall specify that the coverage will not be canceled or changed
without ten days' prior notice to the township.
A.
Workmen's compensation insurance shall be maintained
for all employees at the site of the project, and in case any work
is sublet, the applicant shall require the subcontractor similarly
to provide workmen's compensation insurance for all the latter's employees
unless such employees are covered by the protection afforded by the
applicant. In case any class of employees engaged in hazardous work
at the site of the project is not protected under the workmen's compensation
statute, the applicant shall provide and cause each subcontractor
to provide adequate insurance for the protection of such employees
not otherwise protected.
B.
Liability insurance.
(1)
Comprehensive general liability insurance for bodily
injury and property damage shall be taken out and maintained to protect
the Township of Abington, the applicant and any subcontractor performing
work covered by the application from claims for damages for personal
injury, including accidental death, as well as from claims for property
damage, which may arise from operations under the application, whether
such operations shall be performed by the applicant or by any subcontractor
or by anyone directly or indirectly employed by the applicant or by
any subcontractor, and the amounts of such insurance shall be as follows:
(2)
The above policies of comprehensive general liability
insurance for bodily injury and property damage must be so written
as to include contingent bodily injury and contingent property damage
insurance to protect the applicant against claims arising from the
operations of subcontractors.
(3)
The following special hazards shall be covered by
rider or riders to the public liability and/or property damage insurance
policy or policies herein required to be furnished by the applicant,
or by separate policies of insurance in the same amounts required
under public liability and property damage as hereinbefore specified:
[Amended 9-14-1972 by Ord. No. 1336; 3-11-1976 by Ord. No.
1420; 12-8-1988 by Ord. No. 1644]
A.
Application. At the time of filing the application, the applicant shall pay a filing fee of $50 and, in addition thereto, a fee for engineering and inspection calculated as set forth in Subsection B, below. The filing fee may hereafter be adjusted by resolution of the Board of Commissioners of the Township of Abington. Both fees shall be payable to the Township of Abington. The fee for engineering and inspection shall be based on the estimated work involved, as set forth in the application. Upon completion of the work and/or restoration, final measurements will be made by the Township Engineer or the Engineer's representative to determine the final fee. If the amount paid at the time of filing of the application is insufficient to cover the final fee, an invoice will be issued to the applicant by the Township in the amount of such insufficiency. If the amount paid at the time of filing of the application is in excess of the final fee, a refund will be made by the Township to the applicant in the amount of such excess. The Board of Commissioners may exempt any applicant from paying any fee if the payment of such fee would cause the applicant a financial hardship.
[Amended 12-13-2007 by Ord. No. 1955]
B.
Inspection. The minimum inspection charge shall be
$15. A permit will be required for replacement of broken or deteriorated
curb or sidewalk by a property owner.
(1)
Unimproved surface. For openings or excavations in
any public place having an unimproved surface, there shall be charged
the sum of $0.50 per square foot or fraction thereof.
(2)
Improved surface. For openings or excavations in any
public place having an improved surface, there shall be charged the
sum of $1 per square foot or fraction thereof.
(3)
Sidewalks. For openings or breaks in improved sidewalks
and for replacement of broken or deteriorated sidewalks, there shall
be charged the sum of $15.
(4)
Curbs, combined curbs and gutters. For removing curb
or combined curb and gutter, for replacing broken or deteriorated
curbs, for breaking the surface of any improved curb for the purpose
of constructing any driveway across the same and for making cuts for
roof drains or for any other purpose, there shall be charged the sum
of $15.
(5)
Poles.
(a)
For the erection or setting of any poles in
new locations, there shall be charged the sum of $10 for each pole.
No fees will be charged where a pole is installed as a replacement
of a pole previously erected, provided that a statement is filed with
the Township Engineer clearly stating the poles that are to be replaced.
(b)
A license charge or inspection fee of $1 per
pole per annum shall be and hereby is on all poles erected within
the boundary of any public place in the Township of Abington.
(c)
All poles erected within the boundaries of any
public place in the Township of Abington shall be lettered or stenciled
with the initials of the owners or with some other designation of
ownership, together with a number for the same. A complete record
showing the location and number of each pole in the Township of Abington
shall be filed with the Township Secretary annually on or before March
1 by the owner of said poles, accompanied by the necessary license
charge or inspection fee.
(6)
Special inspections. Where the Board of Commissioners
deems it necessary to require special inspection due to the nature
and/or the extent of the work involved, the applicant will be charged
a fee of $25 per hour or fraction thereof for the time an Inspector
is engaged on the work.
C.
Lines and grades.
(1)
The Township Engineer shall furnish information as
to lines and grades for the placing of sidewalk or curb within the
boundaries of any public place.
(2)
The stakeout of the lines and grades shall be performed
by a Pennsylvania registered engineer or surveyor.
(3)
The Board of Commissioners will require special inspection
for all new sidewalk or curb construction.
[Amended 12-8-1988 by Ord. No. 1644]
No permit shall be issued by the Township Secretary
until the application has been approved by the township, the certificates
of insurance have been filed, where required, nor until the payment
of the fees hereinbefore specified and, in addition, the permit fee
of $15. The permit shall not be operative for more than 60 days from
the date of issue, but may be renewed for a like period upon the payment
of a renewal fee of $2. The permit shall at all times be kept in the
possession of a competent person actually engaged in the work and,
upon demand, shall be exhibited to any properly authorized employee
of the Board of Commissioners, county, state or police officer. Nothing
shall prohibit the undertaking of emergency work without the formal
issuance of a permit, provided that such permit application is filed
during the next regular business day. No construction restoration,
inspection or permit fee paid under this article shall be considered
to be in lieu of any annual license charge or inspection fee now required
to be paid or which at any time may be required to be paid by ordinance
of the Township of Abington.
The filing of an application for the installation
or construction of any facility in a public place shall constitute
an agreement that the applicant will, upon notice from the Board of
Commissioners and without expense to the Board of Commissioners, make
such changes in the location of the facility as may be required because
of any public improvement, existing or proposed.
The permittee shall determine the existence
and location of existing facilities and avoid conflict with them.
No facility owned by the township shall be moved to accommodate the
permittee unless permission granted by the Board of Commissioners
and the cost is borne by the permittee. The permittee shall support
by the latest approved methods all facilities affected by the excavation
work and do everything necessary to support, sustain and protect them
under, over, along or across the work. In case any existing facility
is damaged, it shall be repaired by the person owning it and all expenses
of such repair shall be charged to the permittee. The permittee shall
be responsible for any damage done to any public or private property
by reason of the breaking of any existing facility.
A.
During the performance of the work, traffic conditions
shall be maintained as near normal as is practicable in order to cause
as little inconvenience as possible to the occupants of the abutting
property and to the general public. The Board of Commissioners may
permit the closing of streets to all traffic if in its opinion extenuating
circumstances warrant it and the permittee makes the request in writing
to the Board of Commissioners.
B.
All materials placed on, all openings or excavations
made in or any obstructions created on or in any public place in the
Township of Abington shall be properly marked from sunset to sunrise
by red lights, red lanterns, reflectors, torches and/or electric flashers
or other protective devices, so placed as to indicate from the roadway
in both directions the exact location and limits of said work or obstruction.
The work shall be at all times adequately guarded by suitable and
sufficient fences, barricades, barriers, flags and warning signs or
other protective devices to protect it from damage and the public
from accident and unnecessary inconvenience.
C.
Safe crossings for two lanes of vehicular traffic
shall at all times be maintained where possible at street intersections,
and safe crossing for pedestrians at intervals consistent with the
general pattern of the area shall be excavation is made maintained
and protected. If any excavation is made across any public place,
at least one safe crossing shall be maintained when possible for vehicles
and pedestrians. If the street is not wide enough to hold the excavated
material without using part of the adjacent sidewalk, a passageway
at least 1/2 of the sidewalk width shall be maintained along said
sidewalk line.
All excavation work shall be done in such a
manner as not to interfere with access to fire hydrants, firehouses,
manholes, valves and vital public properties and no materials shall
be allowed to obstruct the flow of water in any gutter at any time.
[Amended 9-14-1972 by Ord. No. 1336]
The permittee shall make all restorations. All
trenches and excavations shall conform to the regulations of the Department
of Labor and Industry, Commonwealth of Pennsylvania, 1956 Edition,
or any amendments thereto. In the event of failure or neglect by the
permittee to perform and comply with the conditions and provisions
of this article, the Board of Commissioners may stop the work on a
project, direct the permittee by letter to take the necessary steps
toward placing the work in condition to conform to the requirements
of this article and then order the permittee to resume work until
completion. If the permittee fails to comply or proceed until completion
within 30 days of written notice, the Board of Commissioners may perform
the necessary work and shall be reimbursed by the permittee for the
costs thereof incurred by the township.
A.
Tunneling. Any public place that is to be tunneled
in connection with any work covered by this article shall be referred
to in the application and specific approval therefor shall be obtained
from the Board of Commissioners and endorsed on the permit. The backfilling
shall be done in the presence of a township inspector. It shall be
made with 1 to 3 to 5 damp concrete mix, thoroughly tamped in six-inch
layers, or according to a method satisfactory to the Board of Commissioners.
B.
Pavement breaking and excavation.
(1)
Heavy-duty pavement breakers may be prohibited by
the Board of Commissioners when their use endangers existing facilities.
(2)
Cutting of pavement surface ahead of excavation may
be required by the Board of Commissioners to confine pavement damage
to the limits of the trench.
(3)
The permittee shall use for the opening of the pavement
only such mobile equipment as is equipped with pads or rubber tires
to prevent damage to adjacent areas. All scars from bucket teeth,
grousers, outriggers, etc., and all areas damaged by spillage or leakage
of oils, petroleum products or other solvents shall be repaired as
permanent restoration.
C.
Backfilling excavation.
[Amended 7-12-1984 by Ord. No. 1572]
(1)
All openings or excavations in the roadway, curb and
gutter or sidewalk shall be backfilled to subgrade elevation with
modified 2A aggregate in suitable layers that are thoroughly compacted
by any acceptable method that will produce a density and stability
equal to or greater than the adjacent area.
(2)
All openings or excavations in a grass area shall
be backfilled with suitable on-site or off-site material and be compacted
in layers by any acceptable method that will produce a density and
stability equal to or greater than the adjacent area. Large stones,
frozen material, clods roots, debris, mud and saturated soil shall
be unsuitable for backfill and shall be removed from the site. The
top four inches of backfill in a grass area shall be topsoil.
D.
Temporary paving.
(1)
The permittee shall immediately place temporary paving
on all disturbed areas. It shall consist of an eight-inch modified
2A aggregate base with a two-inch new bituminous concrete top, all
thoroughly bound and compacted and installed flush with the surface
of the adjacent pavement.
(2)
The permittee shall keep and maintain such paving
in proper condition for a minimum period of 30 days, after which the
permanent paving may be installed. If the permittee fails to properly
maintain the temporary paving, the Board of Commissioners may perform
the necessary work and shall be reimbursed by the permittee.
E.
Permanent paving. The permittee shall install the
permanent paving after the temporary paving has been in place for
a minimum period of 30 days but not more than a maximum period of
90 days. Pavement edges shall be cut back an additional one foot on
each side of the opening, squared, trimmed to a vertical face and
generally aligned with the center line of the roadway. If defects
appear in the permanent paving within one year after its installation,
the permittee shall completely remove and replace the defective work
at the permittee's own cost and expense.
(1)
Bituminous pavement. The base shall consist of eight
inches of high early-strength concrete, properly finished, cured and
protected. The top shall be two inches of ID-2 wearing course made
with traprock aggregate only, thoroughly compacted and protected.
The edges of the restoration shall be sealed with cutback asphalt.
(2)
Concrete pavement. The edges of the opening shall
be saw-cut to a depth of two inches and slightly undercut the adjacent
pavement. Reinforcing and joints shall carry through the restoration.
The paving shall be 10 inches of high early-strength concrete, properly
finished, cured and protected.
(3)
Unimproved pavement. The base shall consist of eight
inches of modified 2A aggregate with two inches of new bituminous
concrete top made with traprock aggregate only, all thoroughly bound
and compacted.
F.
Sidewalks. Sections of sidewalk shall be removed to
the nearest expansion joint or to the nearest score line. The score
lines shall be sawed or cut in a neat straight line. The sidewalk
shall consist of four inches (six inches at driveways) three-thousand-pound
air-entrained concrete, properly finished, cured and protected.
G.
Curbs, combined curb and gutter.
(1)
Curbs and combined curbs and gutters shall be replaced
in full sections using approved forms and three-thousand-pound air-entrained
concrete, properly finished, cured and protected.
(2)
Where an improved curb is broken for constructing
a driveway entrance, the full section of the curb shall be removed
and replaced with a depressed curb.
(3)
Where an improved combined curb and gutter is broken
for constructing a driveway entrance, the full section of the curb
shall be removed by making a vertical cut at the curb face and be
replaced with a depressed curb.
(4)
Partial sections of curb may be cut for installing
roof drains, with the permittee restoring the surface of the curb
to a condition equal to that existing before the work was performed.
H.
Sod. Where the grass on an established lawn is destroyed
by excavation, by storage of materials, by spillage of oils or chemicals
or by any other reason relative to the work being done by the permittee,
the permittee shall replace the same with cultivated sod.
I.
Drill holes. Drill holes shall immediately be filled
for the full depth with a stiff cement mortar thoroughly tamped and
finished flush with the adjacent surface.
A.
Every driveway connecting with any public place in
the Township of Abington where there is no curb shall be so constructed
or altered that the surface drainage shall not be blocked or diverted
from the course of the gutter and that the surface drainage from such
driveway shall flow into the gutter of said public place and not upon
the roadbed thereof.
(1)
Driveways shall be constructed across sidewalk areas
at the grade of the actual sidewalk as existing or proposed, meeting
the grade of the depressed curb. Curbs at driveways may be depressed
to within two inches above the gutter.
(2)
The driveway apron between the edge of the concrete
sidewalk and the curb shall be of concrete six inches in thickness
and shall not extend into the gutter area or beyond the face of the
curb.
(3)
No driveway shall exceed 35 feet in width at the curbline
and no curbing shall be cut beyond the point of curve or tangent in
a radius comer.
(4)
Where two or more driveways are constructed for the
same property, a safety island of not less than 10 feet shall be provided
at the curb.
(5)
Sidewalks shall not be depressed at driveways but
may be sloped. Special entrances may be permitted where, in the opinion
of the Board of Commissioners, they are necessary for the public safety
and convenience.
[Amended 9-14-1972 by Ord. No. 1336]
B.
Drains. No stormwater or roof drains shall be constructed
or maintained which discharge water over or upon any sidewalk or which
might cause undermining of the sidewalk, curb or road paving. Such
drains shall be constructed under the sidewalk, discharging directly
into the gutter, except that where the outlet is adjacent to a storm
drain or inlet, connection may be made thereto. Property owners shall
keep free of obstruction all such drains from within their property
to the point of discharge.
No planting, trees, shrubbery, flowers, signs,
posts, steps, walls, fences, gasoline pumps, oil tanks or like obstructions
may be placed within the boundaries of any public place. Any such
obstruction shall be promptly removed by the owner whenever written
notice to remove such obstruction is given by the Board of Commissioners.
If the owner fails to comply with such notice, the Board of Commissioners
shall remove the obstruction and charge the cost thereof to the owner.
[Amended 9-14-1972 by Ord. No. 1336]
All construction shall conform to township specifications
and standards on file in the office of the Township Engineer.
A.
Any owner, person, firm, association or corporation
who shall violate any of the provisions of this article or who shall
fail to comply with the conditions or requirements of any permit granted
in accordance with the provisions of this article shall, upon conviction
thereof, be liable to pay a fine of $25 for each and every offense.
A new and separate offense shall be deemed to have been committed
for each day that said violation exists. All fines imposed by this
article are recoverable by summary proceedings before any District
Justice in the Township of Abington, and upon recovery thereof all
such fines are to be paid into the treasury of the township.
B.
In default of the payment of any fine imposed by any
District Justice under the provisions of this article, the person
or persons so offending may be committed to the jail, workhouse or
other penal institution of Montgomery County for a period not exceeding
30 days.
