Township of Horsham, PA Article IV Street Excavations

§ 193-23 Definitions and interpretation.

A. The following words, when used in this article, shall have the meanings ascribed to them in this section, except in those instances where the context clearly indicates otherwise:

EXCAVATION

Any activity within the right-of-way of any street, alley, or cartway which involves cutting, breaking, or disturbing the surface thereof.

OPENING

Essentially the same meaning as "excavation."

PERSON

Any natural person, partnership, firm, association, corporation or municipal authority.

STREET

Any public street, avenue, road, square, alley, highway, or other public place located in the Township and established for the use of vehicles, but shall not include state highways.

B. In this article, the singular shall include the plural and the masculine shall include the feminine and the neuter.

§ 193-24 Permit required to make opening or excavation.

It shall be unlawful for any person to open or to make any excavation of any kind in any of the streets in the Township without first securing a permit therefor, as hereinafter provided.

§ 193-25 Application for permit.

Any person who shall desire to make any opening or excavation in any of the streets in the Township shall make application to the Township Manager in writing for that purpose. Such application shall be made upon blanks to be furnished by the Township and 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 the ordinances of the Township and the laws of the commonwealth in relation thereto, and that the applicant shall 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 or 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, cause or thing relating thereto.

§ 193-26 Fees and costs.

[Amended 12-13-2017 by Ord. No. 2017-8]

Before any permit is issued to open or excavate any street in the Township, the applicant shall pay a permit fee as set forth by resolution, which resolution shall include an amount to compensate the Township for the accelerated degradation of the street. Please refer to Township fee schedule. At the time of permit application, the applicant shall pay 50% of the portion of the designated-for compensation for the accelerated degradation of the street.

§ 193-27 Issuance of permits restricted.

Permits shall be issued only to persons furnishing public utility services or the owner or owners of the real property adjoining the location where such opening or excavation is to be made.

§ 193-28 Information contained on permit.

Any permit issued hereunder shall specify the exact location where the opening or excavation is to be made, the approximate permitted size or depth thereof and the time within which the work for which the permit is granted to be completed.

§ 193-29 Permit approval or disapproval.

A permit may be issued to the applicant after all the requirements therefor have been filed. If the application is disapproved, written notice of disapproval together with reasons therefor shall be given to the applicant.

§ 193-30 Responsibility to contact utilities.

The work authorized by the permit is subject to all the provisions of the Act of December 10, 1974, P.L. 852, No. 287, § 1 et seq.,[1] as amended or supplemented from time to time. It shall be the permittee's responsibility to contact the utilities that have recorded their facilities in compliance with said Act. A partial list of utilities providing services in the Township and their office addresses may be obtained from the County Recorder of Deeds.

[1] Editor's Note: See 73 P.S. § 176 et seq.

§ 193-31 Refilling of opening or excavation; restoration of surface; responsibility for defects occurring within two years.

[Amended 12-13-2017 by Ord. No. 2017-8]

Any person who shall open or excavate any street in the Township shall thoroughly and completely refill and repave the opening or excavation in accordance with the standards set forth in Chapter 198, Subdivision and Land Development, as amended and in the manner set forth below:

A. Excavation restoration, including utility trench restoration.

(1) All street excavations or openings, including utility trenches, shall be properly backfilled and pavement be replaced in accordance with Horsham Township "Utility Trench Restoration in Paved Areas" standard construction detail, which can be obtained at the Township Administrative Offices.

(2) All surplus soil or other excavated soils must be removed from the site of the excavation and properly disposed of in accordance with DEP regulations.

(3) A bituminous paving machine must be used to apply the permanent bituminous asphalt.

(4) The Township standard detail requires six inches of base course. In the event the existing asphalt base course is greater than six inches, then the existing depth should be matched when restoring the excavation or trench.

(5) A bituminous tack coat shall be applied prior to placement of the wearing course.

(6) Temporary paving shall be placed in accordance with the Horsham Township "Utility Trench Restoration in Paved Areas" standard construction detail. The material shall be applied flush with the adjoining existing pavement surface.

(7) Following temporary paving, permanent paving shall not be placed prior to 90 days from when the trench or excavation restoration is completed, but shall be constructed within 120 days unless an extension is approved by the Township due to weather or other unforeseen conditions.

(8) The applicant shall keep the temporary paving in good condition until the permanent paving is placed. For the purpose of this section, "good condition" shall mean a condition which allows for smooth travel by motor vehicles and bicycles. If the applicant fails to install the permanent paving within the time set forth in § 193-31A(7), the Township shall send a notice to the applicant noting the applicant's failure to comply with the terms of this ordinance and requiring that the permanent paving be installed within 14 days of the date of the notice. If the applicant does not install the permanent paving in accordance with the terms of this chapter, within 14 days of the date of this notice, the Township may perform the work and invoice the applicant for all cost and expenses incurred by the Township.

(9) If the permanent pavement shows defects within 24 months from its placement, the Township shall send a notice to the applicant noting the applicant's failure to comply with the terms of this ordinance and requiring the repair of the pavement within 14 days of the date of the notice. If the applicant does not repair the paving as directed by the Township within 14 days of the date of this notice, the Township may perform the work and invoice the applicant for all costs and expenses incurred by the Township.

B. Milling and overlaying.

(1) When a longitudinal or traverse trench longer than five linear feet is cut into any roadway within the Township, the applicant shall be required to mill and overlay the half-width of the roadway a depth of 1.5 inches for the entire length of the trench cut. In cases where the trench cut occurs on both sides of the roadway and/or along the centerline of the roadway, the applicant shall be required to mill and overlay the entire width of the roadway a depth of 1.5 inches for the entire length of the trench cut. When the applicant makes multiple noncontiguous trench cuts in the road, the area between the trench cuts shall be milled and overlaid when the trench cuts are within 200 feet of one another.

(2) The length of the mill and overlay shall extend 10 feet past the edge of any trench cut. At no time shall the length of any one half-width or entire-width mill and overlay be less than 30 feet. At the end of each overlay, the applicant shall install a paving notch by milling to provide a ten-foot transition.

(3) The wearing course layer shall meet Township and PennDOT Publication 408 standards.

C. Pavement markings.

(1) Temporary pavement markings shall be applied to the roadway surface when excavations and/or milling covers or removes the existing pavement markings. Temporary pavement markings shall be applied to the roadway prior to opening the road to traffic.

(2) When the roadway surface is permanently restored, the applicant shall install permanent pavement markings as they existed prior to work being performed. The permanent pavement markings shall meet PennDOT Publication 408 standards.

D. Sealing. All joints shall be properly sealed in accordance with PennDOT Publication 408 standards.

E. Existing utilities.

(1) The top of every utility (manhole inlet, valve box, etc.) shall be approximately one inch below the roadway surface.

(2) The surface surrounding the utilities shall be paved with four inches of bituminous base course a distance of at least two feet to prevent washouts.

§ 193-32 Responsibility of permit holder for certain work; right of Township to do certain work; assessment of charges.

All other work in connection with openings in any street, including excavation, protection, refilling and temporary paving, shall be done by or for the person to whom or which the permit has been issued at his or its expense, and all such work shall be subject to the provisions of this article and to the supervision and approval of the Township Engineer, provided that the Township Engineer may, if he deems it necessary to the proper performance of the work, require that cutting of the surface of streets and the backfilling of all excavations therein shall be done by the Township, in which event the applicant shall pay the actual cost of the work performed by the Township.

§ 193-33 Requirements for work; correction of unsatisfactory work; completion of incomplete work.

A. No opening or excavation in any street shall extend from the curbline into the highway a distance greater than one foot beyond the center line of the street before being refilled and the surface of the highway restored to a condition safe and convenient for travel.

B. No more than 500 feet longitudinally shall be opened in any street at any one time.

C. The work of excavation shall be so conducted as not to interfere with the water mains, sewers or their connections with the houses, or any other subsurface lines or constructions, until permission of the proper authorities in connection with such subsurface liens or constructions shall have been obtained.

D. No tunneling shall be allowed without the express approval of the Township Engineer and permission therefor endorsed upon the permit. The backfilling of a tunnel excavation shall be made only in the presence of the Township Engineer or an inspector designated by him, and shall be done only in a method approved by him.

E. [1]During the making of any excavation in the 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 excavating permits granted hereunder 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 in damages, or otherwise whatsoever, which may or shall be occasioned at any time by the said excavation, or by any leak, explosion or other injury from any pipe, apparatus, conduit, or any other matter placed in the said excavation.

[1] Editor’s Note: Former Subsection E, regarding backfill of openings and excavations, former Subsection F, which set requirements for temporary paving, and former Subsection G, regarding concrete base streets, were repealed 12-13-2017 by Ord. No. 2017-8. This ordinance also provided for the redesignation of former Subsections H through K as Subsections E through H, respectively.

F. The applicant shall notify the Township Engineer when the opening or excavation is ready for backfilling before any backfilling is done, when backfilling work is completed, when the temporary paving has been installed and when the street has been permanently restored so that inspections may be made.

G. 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 corrected in accordance with his instructions within the time fixed by him, or in the event that the work for which the permit was granted is not completed within the time fixed by the Township Engineer, the Township may proceed to correct such unsatisfactory work or complete any such work not completed, and charge the cost thereof, plus 20%, to the applicant.

H. All work, except in the event of emergencies, shall be performed between the hours of 7:00 a.m. and sunset.

§ 193-34 Emergency openings.

In the case of any leak, explosion or other accident in any subsurface pipe, line, construction or apparatus, it shall be lawful for the person owning or responsible for such pipe, line, construction or apparatus to commence an excavation to remedy such condition before securing a permit, provided that application for a permit shall be made immediately and not later than the next business day thereafter, and that all other provisions of this article are fully complied with. If any such emergency condition shall not be immediately attended to by the owner or person responsible for such pipe, line, construction, or apparatus, the Township Engineer, after such notice as he shall deem necessary under the circumstances of the particular case, shall proceed to do the work necessary and required by such emergency, and charge the same on the basis of cost plus 20% to such owner or person.

§ 193-35 Restrictions regarding trees and shrubbery.

The permission herein granted does not confer upon the permittee or its contractors the right to cut, remove or destroy trees or shrubbery within the legal right-of-way except under specifications, regulations and conditions as the Township may prescribe.

§ 193-36 Timing restrictions for opening or excavation; exception.

The applicant shall give timely notice to all persons owning property abutting on any street within the Township about to be paved or improved and to all public utility companies operating in the Township, and all such persons and utility companies shall make all water, gas or sewer connections, as well as any repairs thereto, which would necessitate excavation of the said street within 30 days from the giving of such notice, unless such time is extended in writing for cause shown by the applicant. New paving shall not be opened or excavated for a period of five years after the completion thereof, except in case of emergency, the existence of which emergency and the necessity for the opening or excavating of such paving to be determined by the Township Engineer. If it is sought to excavate upon or open a utility line within five years after the completion of the paving, applicant shall make written application to the Township Council, and a permit for such opening shall be issued only after express approval of the Township Council, or its duly designated representative.

§ 193-37 Permittee responsibilities for future relocation of work.

If at any time in the future the roadway is widened, reconstructed or the alignment or grades are changed, the permittee further agrees to change or relocate all or any part of the structures covered by this permit which interfere with the improvement of the roadway at its own cost and expense.

§ 193-38 Conditions for laying and extending utility lines.

No new water, sewer, steam or gas main or electric, telephone or other utility line shall hereafter be laid or constructed, and no such existing main or line shall be extended, in any of the streets of the Township until the plan therefor shall have been first filed with the Township Engineer and such plan, and the exact location of such main or line, approved by him. The Township Engineer shall not approve the locating of any such main or line at a depth of less than 30 inches from the surface of the street unless he shall be convinced that locating the same at a depth of more than 30 inches from the surface is impossible or impractical.

§ 193-39 Bond required.

No company, corporation or association shall dig up any street or alley without first giving to the Township a bond with some acceptable trust or surety company as surety in the sum determined by the schedule of fees, conditioned for the faithful performance of these provisions and also for any and all damages, claims, demands, suits, costs and counsel fees occasioned or arising from the digging up, opening or closing of said streets and alleys.

§ 193-40 Payment for work done by Township.

Payment for all work done by the Township under the provisions hereof shall be made by the person made liable therefor under the provisions hereof within 30 days after a bill therefor is sent to such person by the Township. Upon failure to pay such charges within such time, the same shall be collectible by the Township by a claim on the bond or financial security posted for the project, or by an action in assumpsit or in the manner provided by law for the collection of municipal claims. The above remedies shall be at the option of the Township and shall be cumulative.