[Adopted 8-5-1957 by Ord. No. 244-1957; amended in its entirety 8-14-1989 by Ord. No.
16-1989 as Ch. 21, Part 1, of the 1989 Code]
A. The following words, when used in this part, 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. In this part, the term "opening" shall have 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 of Robinson and established
for the use of vehicles, but shall not include state highways.
B. In this part, the singular shall include the plural and the masculine
shall include the feminine and the neuter.
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 of Robinson without
first securing a permit therefor, as hereinafter provided.
Any person who shall desire to make any opening or excavation
in any of the streets in the Township shall make application to the
Building Inspector, 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
of Robinson 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.
Before any permit shall be issued to open or excavate any street
in the Township of Robinson, the applicant shall pay a permit fee
in the amount fixed according to a schedule established pursuant to
resolution. When application shall be made to open or excavate any
longitudinal opening or excavation in excess of 10 feet, before any
permit shall be issued so to open or excavate, the applicant shall
pay, in addition to such minimum fee, an additional fee at the rate
for each 100 feet or fraction thereof to be opened or excavated upon
such street pursuant to the fee schedule.
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.
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 is to be completed.
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.
The work authorized by the permit is subject to all the provisions
of the Act of December 10, 1974, P.L. 852, No. 287, 73 P.S. § 176
et seq., 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.
Any person who shall open or excavate any street in the Township
of Robinson shall thoroughly and completely refill the opening or
excavation in such a manner as to prevent any settling thereafter
and shall restore the surface to the same condition as it was before
the opening or excavation, and such restoration shall be in accordance
with the specifications of the Department of Transportation of the
Commonwealth of Pennsylvania, which are hereby adopted as specifications
of the Township for restoration of surfaces of streets in the Township;
as restored, the surface shall conform to the proper grade and be
of the same surface covering as the part of the thoroughfare immediately
adjoining the opening. If within two years after the restoration of
the surface as herein provided defects shall appear therein resulting
from defective backfilling by the applicant, the applicant shall reimburse
the Township for the cost of all necessary repairs to the permanent
paving.
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 part and to the supervision and approval of the designated
official, provided that the Building Inspector 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.
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 lines or
constructions shall have been obtained.
D. No tunneling shall be allowed without the express approval of the
Township Building Inspector and permission therefor endorsed upon
the permit. The backfilling of a tunnel excavation shall be made only
in the presence of the Building Inspector or an inspector designated
by him and shall be done only in a method approved by him.
E. All openings or excavations shall be backfilled promptly with modified
2A stones and thoroughly compacted in layers, each of which layers
shall not exceed eight inches in depth. Backfilling shall be placed
to within 10 inches of the surface.
F. A temporary paving of cold-patch premix, thoroughly bound and compacted,
shall be installed flush with the surface of the adjoining paving
and maintained for a period of 90 days.
G. On concrete base streets, such base shall be replaced with concrete
and the minimum size of the opening or excavation shall be 16 square
feet.
H. 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.
I. The applicant shall notify the Building Inspector 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.
J. In the event that any work performed by or for a permit holder shall,
in the opinion of the Building Inspector, 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 Building
Inspector, 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.
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 part 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 Manager, 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.
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.
A. The Township Manager shall give timely notice to all persons owning
property abutting on any street within the Township of Robinson 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 Township Manager. 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 Building Inspector.
B. If it is sought to excavate upon or open a sewer within five years
after the completion of the paving, an applicant shall make written
application to the Board of Commissioners, and a permit for such opening
shall be issued only after express approval of the Board of Commissioners.
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
permittee's own cost and expense.
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 Building Inspector and such plan and the exact location of
such main or line approved by him. The Building Inspector 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.
[Amended 7-13-1998 by Ord. No. 2-1998]
No company, corporation or association shall excavate, open
and/or close any street or alley without first depositing with the
Township a bond in the amount of $100,000 issued by a trust or surety
company authorized to do business in the Commonwealth of Pennsylvania
as surety in such sum 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 excavation,
opening or closing of said streets and alleys. The company, corporation
or association depositing such bond shall renew such surety on an
annual basis.
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 an action
in assumpsit or in the manner provided by law for the collection of
municipal claims.
Any person, firm or corporation who shall violate any provision
of this part shall, upon conviction thereof, be sentenced to pay a
fine of not more than $600 and costs or, in default of payment thereof,
shall be subject to imprisonment for a term not to exceed 30 days.
Every day that a violation of this part continues shall constitute
a separate offense.
The provisions of this part shall not apply to laying sidewalks
or curbs.