Township of Crescent, PA
Allegheny County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
GENERAL REFERENCES
Street construction — See Ch. 720.
740a Bituminous Roadway Repair

§ 740.01 Unlawful to tunnel or excavate without permit.

[Ord. No. 337, passed 6-6-1978]
It shall be unlawful for any person, firm or corporation to tunnel under or to make any excavation in any street, alley or other public place of the Township without having obtained a permit as is herein required, or without complying with the provisions of this chapter or the terms of any such permit.

§ 740.02 Application for permit.

[Ord. No. 337, passed 6-6-1978]
No such permit shall be issued unless a written application for the issuance thereof is submitted in duplicate to the Secretary-Manager. The written application shall state the name and address of the applicant, the nature, location and purpose of the excavation, the estimated dates of commencement and completion of the excavation, and other data as may reasonably be required by the Township. The application shall be accompanied by plans showing the extent and location of the proposed excavation work, and such other information as may be prescribed by the Township. The Secretary-Manager shall have the authority to issue such permits, but such a permit shall not exempt the permittee from the further requirements of this chapter.

§ 740.03 Fees.

[Ord. No. 513, passed 6-11-2008; Ord. No. 518, passed 3-11-2009; amended 5-14-2015 by Ord. No. 558]
The fee for such permit shall be $75, plus an amount determined in accordance with the following schedule if the street in question was repaved within five years of the date of the permit application: within one year, an additional $35 per square yard of material to be disturbed by the project; within three years, an additional $25 per square yard; and within five years, an additional $15 per square yard. Public utilities performing excavation or tunneling work covered by this Chapter 740, either directly through the utilization of their own forces, shall be exempt from payment of the foregoing [fee(s)].
1. 
The federal government.
2. 
The Commonwealth of Pennsylvania.
3. 
Political subdivisions of the Commonwealth of Pennsylvania for work performed within their corporate limits.
4. 
For municipal authorities organized under the laws of the Commonwealth.
5. 
For churches, hospitals, schools, charitable institutions, veterans' organizations, and nonprofit organizations.
6. 
Where facilities are moved at the request of the PennDOT or the political subdivision in connection with road construction or maintenance.
7. 
To authorities for the installation/removal of streetlights at the request of PennDOT or other local authorities.

§ 740.04 Permit exhibition.

[Ord. No. 337, passed 6-6-1978]
The person doing the permitted work shall at all times maintain in possession and shall exhibit to any official of the Township upon demand the permit to do said work. Such permit only shall be evidence of authority for the doing of said work.

§ 740.05 Deposit.

[Ord. No. 513, passed 6-11-2008; Ord. No. 518, passed 3-11-2009]
No such permit shall be issued unless and until the applicant therefor has deposited with the Secretary-Manager a cash deposit, or bond having as surety a corporation licensed to do business as a surety in the Commonwealth of Pennsylvania, to insure the proper restoration of the ground and laying of the pavement and reimbursement of the cost of such inspections as may be required by the Township Engineer in accordance with the following:
A. 
For minor work, such as a lateral crossing or a driveway, the amount of the cash or surety bond shall be $1,000.
B. 
For such minor work, the applicant may deposit with the Secretary-Manager a cash deposit or bond in the amount of $10,000 to cover the work required under any permits issued to the applicant during the period of one year following the date on which the cash deposit or bond is deposited.
C. 
For restoration work that is not covered by A. or B. above, the amount of the cash or surety bond shall be such amount as is recommended by the Township Engineer to assure the proper performance and restoration of the work in accordance with Township specifications.
Any bond shall be effective for a period of six months following the completion of the excavation and restoration work. If cash is deposited, 1/2 thereof shall be returned to the applicant, without interest, when the work is completed and inspected by the Township Engineer, and the balance thereof shall be returned to the applicant without interest six months thereafter.

§ 740.06 Insurance requirements.

[Ord. No. 513, passed 6-11-2008]
No permit will be issued until the applicant shall have filed with the Township Secretary-Manager a certificate issued by an insurance company authorized to do business in Pennsylvania evidencing the issuance to the applicant of a policy of public liability and property damage insurance in an amount not less than $1,000,000 for injury to persons and $500,000 for injury to property arising out of a single occurrence. The certificate shall further evidence that the Township has been named as an additional insured with respect to the excavation and restoration work to be performed by the applicant.

§ 740.07 Manner of excavating.

[Ord. No. 337, passed 6-6-1978]
The permittee shall at all times and at his own expense preserve and protect from injury any adjoining property by providing proper foundations and taking other measures suitable for the purpose. The permittee shall be responsible for all damage to public or private property or highways resulting from his failure to properly protect and carry out said work. No injury shall be done to any pipes, cables or conduits in the making of such excavations and tunnels; and notice shall be given to the persons maintaining any such pipes, cables or conduits which are or may be endangered or affected by the making of any such excavation or tunnel before such pipes, cables or conduits shall be disturbed. All damage done to existing improvements during the progress of the permitted work shall be repaired by the permittee. As the permitted work progresses all streets and private properties shall be thoroughly cleaned of all rubbish, excess earth, rock and other debris resulting from such work. Each permittee shall conduct and carry out the permitted work in such manner as to avoid unnecessary inconvenience and annoyance to the general public and occupants of neighboring property from noise, dust and unsightly debris.

§ 740.08 Protective measures and traffic.

[Ord. No. 337, passed 6-6-1978]
It shall be the duty of every person cutting or making an excavation in or upon any public place, to place and maintain barriers and warning devices necessary for the safety of the general public. At twilight there shall be placed around and upon the site of permitted work suitable and sufficient lights which shall be kept burning throughout the night. Warning lights shall be flares, torches, lanterns, electrical markers or flashers. The permittee shall take appropriate measures to assure that at all times during the period of permitted work, traffic conditions shall be maintained as near normal as possible so as to minimize inconvenience and maximize safety to the occupants of the adjoining property and to the general public. The permittee shall be liable to any person who has been injured because of the failure of the permittee to properly perform his obligations and work under this chapter. It shall be unlawful for anyone to remove any protective barriers or warning devices placed around or upon an excavation site for the protection of persons or property.

§ 740.09 Restoration.

[Ord. No. 337, passed 6-6-1978]
The permittee shall restore the surface of all streets broken into or damaged as a result of the excavation work, to the original condition thereof. In the case of paved streets, such restoration shall be performed in accordance with the specifications of the Township Engineer as set forth in § 740.14. The permittee shall backfill excavations made by tunneling in accordance with the specifications of the Township. The permittee shall be responsible to maintain any street where excavation was made in as good condition for a period of six months after the permitted work shall have been done, usual wear and tear excepted, as it was before said work shall have begun. All pipelines shall be laid and buried to the depth of at least 24 inches beneath the surface of the street, and shall at all times be kept buried to such a depth, notwithstanding any change in the grade of the street made under authority of the Board.

§ 740.10 Prompt completion of work.

[Ord. No. 337, passed 6-6-1978]
The permittee shall prosecute with diligence and expedition all excavation work covered by the excavation permit and shall promptly complete such work and restore the street to its original condition, or as near as may be, as soon as is practicable and in any event not later than the date specified in the excavation permit therefor.

§ 740.11 Emergency action.

[Ord. No. 337, passed 6-6-1978; Ord. No. 518, passed 3-11-2009]
Nothing in this chapter shall be construed to prevent the making of such excavations as may be necessary for the preservation of life or property or for the location of trouble in conduit or pipe, or for making repairs, provided that the person making such excavation shall apply for such a permit within 72 hours after such work is commenced.

§ 740.12 Inspections.

[Ord. No. 337, passed 6-6-1978]
The Township's duly appointed delegate shall make such inspections as are reasonably necessary in the enforcement of this chapter.

§ 740.13 Ordinance not applicable to Township work.

[Ord. No. 337, passed 6-6-1978]
The provisions of this chapter shall not be applicable to any excavation work under the direction of employees of the Township or by any contractor performing work for and in behalf of the Township necessitating openings or excavations in streets.

§ 740.14 Specification for restoration of paved streets.

[Ord. No. 408, passed 3-11-1992]
The restoration of paved streets shall be performed in accordance with the following specification.[1]
[1]
Editor's Note: The bituminous roadway repair specification is included at the end of this chapter.