[Adopted 7-12-1971 as Ch. 73, Art. I, of the 1971 Code]
[Amended 5-14-1973 by Ord. No. 73-14; 9-13-1999 by Ord. No.
99-5]
A.
No portion of any of the public highway, sidewalk
areas or right-of-way areas shall be opened or excavated by any person
or persons, firm, association or corporation for any purpose without
first obtaining from the Board of Commissioners a permit therefor
before such work is begun.
B.
No permit shall be issued for any opening or excavation
in any public highway for a period of five years where said highway
has been reconstructed. The five-year time period shall commence upon
the date of completion of the reconstruction.
C.
No permit shall be issued for any opening or excavation
in any public highway for a period of three years where said highway
has been resurfaced. The three-year time period shall commence upon
the date of completion of the resurfacing.
D.
The Board of Commissioners, unless otherwise noted in this article, shall have sole authority to authorize the grant of any permit excluded under Subsections A and B where the permit applicant demonstrates that the proposal opening or excavation is necessary due to an unexpected emergency situation as outlined in § 261-12 of this article or where failure to permit such excavation or opening will result in an undue hardship.
Before such permit is issued and said work begun,
a written application on a blank form to be furnished for that purpose
by the Board of Commissioners must be filed with the Secretary of
the Board of Commissioners setting forth the purposes for which said
highway or sidewalk area is to be opened or excavated and the location
of said proposed work, and in such application the applicant shall
agree to assume all liability for all or any damage accruing to the
public or to the Township which may or might result from the opening
or excavation of said highway or sidewalk area.
[Amended 7-12-1982 by Ord. No. 82-7; 9-13-1999 by Ord. No.
99-5]
A.
A permit shall not be issued to any contractor until
the Township Manager, Township Engineer or Director of Code Enforcement
has reviewed his past performance practices in the Township. If there
are any acts of unsatisfactory workmanship declared against the applicant,
he or she shall be denied a permit.
B.
The application must be signed by the owner of the
property for whose such work is to be done and by any person, firm,
association or corporation who shall have filed with the Board of
Commissioners, if in its discretion shall require, a bond in such
amount, under such conditions and with such surety as shall be approved
by the Solicitor of the Board of Commissioners, to save harmless the
Township of Marple from any and all charges arising by reason of work
for which permits may be issued from time to time.
[Amended 5-14-1973 by Ord. No. 73-14; 5-14-1984 by Ord. No.
84-10; 12-11-1989 by Ord. No. 89-26; 3-12-1990 by Ord. No. 90-2; 9-13-1999 by Ord. No. 99-5; 8-12-2013 by Ord. No. 2013-6]
An applicant for a permit to open or excavate in any public highway or sidewalk area shall pay, before the issuance of the permit for opening and excavations, a fee in the amount as set forth from time to time by resolution of the Board of Commissioners. In addition to the required permit fee, an applicant shall also deposit with the Township an escrow fee of not less than $1,500 to guarantee that the restoration of the highway excavation or opening is performed in accordance with the specifications outlined in this article and Chapter 108, Article I. The escrow deposit shall be held for a period of no less than six months from the date of final restoration unless the Township Engineer, Director of Public Works or Director of Code Enforcement approve a shorter time period.
The permit fee for each telegraph, telephone,
electric light or other pole to be set or planted upon any highway,
avenue or street shall be the sum as set from time to time by resolution
of the Board of Commissioners, except in case of renewals, no fee
for permit shall be charged, but application must be made and filed
with the Secretary of the Board of Commissioners and a permit obtained
as in case of new poles, setting forth the serial number of the pole
or poles to be renewed. A license fee as set from time to time by
resolution of the Board of Commissioners per annum shall be charged
on each pole for the inspection thereof.
No highway shall be tunneled nor shall any cement
concrete road be opened or broken except with the approval of and
upon such terms and conditions as may be imposed by the Board of Commissioners.
[Amended 9-13-1999 by Ord. No. 99-5]
A.
All openings or excavations shall comply with the
Occupational Safety and Health Administration's (OSHA) regulations
and all other applicable federal, state and local safety regulations.
B.
The applicant shall be responsible for erecting, and
maintaining, all applicable traffic control devices as outlined in
the Pennsylvania Department of Transportation's Publication 203, Work
Zone Traffic Control (Title 67 PA Code, Chapter 203).
No permit granted under this article shall be
valid unless the operation specified therein shall be begun within
a period of 30 days from the date of its issuance, but a renewal thereof
may be had by payment of a fee as set from time to time by resolution
of the Board of Commissioners and by filing a new application as prescribed
in preceding sections of this article, together with a statement in
writing that the work has not been begun.
[Amended 5-14-1973 by Ord. No. 73-14]
All work commenced in pursuance of said permit
shall be prosecuted uninterruptedly to the completion thereof, and
said openings or excavations shall be refilled by the parties making
the same or by the holder of the permit with suitable materials, thoroughly
compacted in four-inch layers, tamped to within 10 inches of the surface
or puddled where required; notice first to be given to the Roadmaster
before backfilling is to begin. In the case of excavations in nonpaved
right-of-way areas, backfilling shall be tamped to grade height.
[Amended 9-13-1999 by Ord. No. 99-5]
Immediately upon completion of work required in § 261-9, a temporary paving of a bituminous concrete base course (BCBC) eight inches in depth, placed in two four-inch lifts thoroughly compacted, shall be installed. A temporary asphalt patch shall then be installed flush with the surface of adjoining paving. If the applicant fails to install such temporary paving upon completion of the improvement, the Township shall direct the installation and charge the cost thereof to the established escrow deposit.
A.
Permanent paving shall be installed in accordance
with Township specifications within 60 days after the installation
of the temporary paving unless the Township grants an extension. The
applicant shall be responsible to repair all defects resulting from
defective workmanship for a period of one year after installation
of the permanent paving. Should the applicants fail to make the necessary
repairs, the Township shall have the authority to direct the repairs,
the cost of which shall be borne by the applicants.
[Amended 9-13-1999 by Ord. No. 99-5]
B.
Public utility companies desiring to make permanent
restoration of pavement broken in accordance with a street opening
permit may do so after permission is granted by the Board of Commissioners.
After such permission is granted by the Board, a bond must be furnished
to the Township to guarantee that the work will be properly done and
subject to the approval of the Board of Commissioners.
C.
Any longitudinal
openings or excavations of a Township road, street or alleyway for,
but not limited to, the installation of utility lines, service connections,
underground piping or wiring shall require full-depth restoration
of the trench and, at a minimum, milling and overlay of the cartway
from the curb to the centerline of the road. Additional milling and
paving, up to full-width paving of the road surface may be required
by the Township, depending on the extent of disturbance to the roadway.
All work shall be in accordance with Township Codes and Penn DOT Pub.
408, last revised. When there are three or more openings made within
100 linear feet of pavement, the permitee shall overlay the traffic
lanes in which the openings were made, for the entire length of roadway
between the ends of the furthest openings as determined by either
the Director of Public works or the Township Engineer.
[Added 12-12-2011 by Ord. No. 2011-12]
[Amended 9-13-1999 by Ord. No. 99-5]
Whenever the exigencies of public health or
safety require that instant repairs be made, and the procurement of
a permit prior to the commencement of the work is impracticable, it
shall be lawful for the work to begin without the permits, provided
that approval is given by the Director of Public Works, Director of
Code Enforcement or Township Engineer, or in the case where the Marple
Township Police Department has exercised control. An application for
said permit must be filed and the proper fee paid therefor within
48 hours from the time when the emergency arose, which application
shall set forth the nature of the emergency aforesaid, and providing
further that any person or persons, firm, association or corporation
beginning said work under the provisions of this section shall do
so subject to the conditions and obligations imposed by this article
upon persons, firms, associates and corporations opening or excavating
highways, avenues, or streets, as though an application for a permit
had been filed.
[Amended 6-12-2000 by Ord. No. 2000-10]
Any person or persons, firm, association or
corporation violating any of the provisions of this article shall,
upon conviction thereof, be punishable by a fine of not more than
$1,000, plus costs of prosecution, and in default of payment of such
fine and costs by imprisonment for not more than 30 days. A new and
separate offense shall be deemed to have been committed for each day
that said violation shall exist.
No permit fee paid under this article shall
be considered to be in lieu of any annual license fee now required
to be paid or which may at any time be required to be paid by ordinance
of Marple Township.
