[Adopted 6-7-2001 by Ord. No. O-01-6[1]]
[1]
Editor's Note: This ordinance superseded former Ch. 87, Street
Openings and Excavations, adopted 9-3-1965.
[Amended 6-2-2011 by Ord. No. O-6-2011]
No person, firm or corporation shall disturb,
dig into, excavate or make an opening of any kind in the surface,
bed and right-of-way, road, avenue or other right-of-way dedicated
to the public which has been accepted by or jurisdiction over which
has been exercised in any manner by the Township of Elk, heretofore
or hereafter, without first having obtained a permit therefor in compliance
with the provisions of this article from the Township Clerk or other
properly designated municipal official. The only person who can make
such openings or excavations without obtaining a permit are employees
of the Township or any of its utilities in the performance of their
Township duties and work under the supervision of Township officers.
The permit for street openings and excavations shall be valid, as
prescribed herein, for the time frame specified by the applicant at
the time of application. Permits must be obtained at a minimum of
72 hours prior to the time when the street opening is to occur. Work
shall start on the date specified in the permit. Prior to the commencement
of work, twenty-four-hour notice to the Township Clerk and Public
Works Superintendent is required, except in the event of emergencies.
The only time an opening or an excavation may
be made in, upon or under the surface of any street without first
having obtained a permit is in the event of any sudden and emergent
break of any water, sewer, gas, oil or other underground lines which
endangers the life, health and safety of the public or people of the
Township of Elk or their property. The making of any such opening
or excavation shall be reported immediately within 24 hours to the
Police Department and the Township Clerk, and a permit therefor shall
be obtained within 48 hours.
A.
Each application for permit to open or excavate in
or under the surface of any street shall be in writing, numbered consecutively
by calendar year, and be kept on file in the office of the Township
Clerk.
B.
In each application shall be set forth the name and
address of the applicant and any subcontractor who may perform any
work described in the application; the name and address of the property
owner or other person for whose benefit the opening or excavation
is being made; the street and exact location of the opening or excavation;
the size, length, breadth and depth of the opening or excavation and
its purpose; the type of street surface; the time and date when it
is to be made; the date that the opening or excavation and street
surface will be restored; and such other details as may be necessary.
In addition, the applicant and all subcontractors shall provide their
contractor’s registration and/or license number. Each application
shall be in triplicate, and a copy of the permit, if granted, shall
be attached thereto. The application shall also contain space and
provision to note thereon that there has been a completion and inspection
of the restoration of the opening or excavation and of the street
surface, which shall be in a satisfactory manner, and the date of
the same and signature of the Township Engineer making the inspection.
[Amended 6-2-2011 by Ord. No. O-6-2011]
C.
Each applicant
and/or subcontractor performing work under a permit shall provide
to the Township Clerk a copy of a valid certificate or policy of commercial
liability insurance, blank broad form, containing minimum general
aggregate limits in the sum of $2,000,000. The Township of Elk must
be named as an additional insured on the applicant's and/or subcontractor's
certificate of insurance. The contractor and/or subcontractor shall
not commence work until copies of all insurance certificates and performance
bonds have been submitted to the Township Clerk.
[Added 6-2-2011 by Ord. No. O-6-2011]
When any street has been covered with a hard
surface two inches or more in thickness, such as concrete or FABC
No. 1, within five years from the date on which a permit to open it
is requested, no permit to open the surface of the same shall be granted
except upon a majority vote, of the Township Committee after presentation
and consideration of the application therefor, the Township Committee
being satisfied that one or more of the following reasons exist making
it necessary to grant the permit:
B.
The necessity and purpose for opening the surface
of the street could not have been and was not discovered by the applicant
for the permit prior to the time the hard surface was installed, and
the applicant is bound by the actions of any predecessor in title
to his lands in this respect.
C.
The best interests of the Township require that the
permit be granted.
A permit as set forth above in this article
shall be required for any tunneling or mechanical boring under the
surface of any street for any purpose whatsoever. Any such tunneling
or boring shall be done only after the Township Engineer has recommended
that it be permitted and shall be done under the supervision of said
Engineer, whose services shall be paid for by the applicant.
A.
All pavements, sidewalks, curbs, gutter, pipes, manholes,
drains, conduits or other installations and private property of adjoining
owners shall be properly protected by the person or firm obtaining
the permit for the street opening. Any damage thereto shall be the
responsibility of and paid for by the person or firm to whom the permit
is issued. A surety bond may be required for this purpose by the Township
Committee.
B.
All openings shall be protected at all times to prevent
injury to persons and property. The holder of the permit may be ordered
to furnish additional protection for this purpose at any time by an
official or proper supervisory employee of the Township.
C.
Unless written permission is obtained from the Township
Committee, no permit holder shall be allowed permission to cut, break
into, excavate or open a street for a greater distance than 300 feet
at one time or keep the same open for a longer period than one week.
Where the excavation will extend across the full width of a street, 1/2
of the same shall be made at one time and shall be properly backfilled
before the other half is excavated so as not to interfere with traffic.
No portion of trench is to be left open overnight, on weekends or
holidays. In no event shall a permit be valid for a period of time
in excess of 120 days after its issuance without the written approval
of the Township Committee.
D.
All permit holders shall keep the area of their work
clear of dirt and debris at all times and shall carry away and dispose
of excess dirt, debris and other material resulting from their work.
E.
Sufficient advance warning signs, lights, cones, barricades
and other approved safety devices are to be provided in accordance
with the Manual on Uniform Traffic Control Devices. Uniformed, trained
traffic directors are to be provided, as required or requested by
the Township Engineer.
F.
All excavations to a depth of six feet or over, and
such other excavations as may be required by the Township Engineer,
shall be shored and braced to support the wall of the trench for the
protection of workers and to prevent the unintentional widening of
the trench.
G.
The permittee and its subcontractors shall defend,
indemnify, protect and save harmless the Township of Elk and its agents,
servants and employees from damages of whatever kind or nature arising
out of, or claimed to arise out of, any negligent act, error or omission
of the permittee, its agents, servants and employees in the performance
of the work covered by the permit.
[Amended 6-2-2011 by Ord. No. O-6-2011]
H.
All permanent
paving markings (crosswalks, traffic center lines, etc.) that are
damaged during construction shall be repainted by or under the direction
of the Township Engineer at the expense of the permittee.
[Added 6-2-2011 by Ord. No. O-6-2011]
I.
Upon completion
of the excavation and all work, the project area shall be restored
(including all grassed areas, gutter areas, road shoulders, sidewalks,
pavements, pipes, drains and private property of adjoining owners)
to a condition that meets or exceeds the condition prior to the commencement
of the excavation, under the direction of the Township Engineer, and
at the expense of the permittee.
[Added 6-2-2011 by Ord. No. O-6-2011]
[Added 6-2-2011 by Ord. No. O-6-2011[1]]
A.
Permits
must be kept at the job site during the work and must be shown, upon
request, to any authorized Township personnel. Work shall commence
within 24 hours of the date the permit is issued. All trenches, excavations
and utility installations for which a street opening permit is required,
must be inspected by the Township Engineer or his designee before
any portion of the work is backfilled. It is the responsibility of
the applicant to properly notify the Township Clerk and the Township
Engineer to request the inspection. If the opening is not properly
inspected, the Township Engineer reserves the right to require the
applicant to re-excavate all or a portion of the work.
B.
The permittee
shall take appropriate measures to insure that during the performance
of the excavation, normal and safe traffic conditions shall be maintained
at all times, causing as little inconvenience as possible to the occupants
of the adjoining property, and to general vehicular traffic. If it
is necessary to close a Township street, it is the applicant’s
responsibility to notify the Township's Police, Fire and School Departments.
The Township Engineer and/or the Chief of Police may require the presence
of a police officer or traffic/road flagger to be present during construction.
All costs incurred relating to the police officer or traffic/road
flagger shall be borne by the permittee.
A.
The cost of restoration of streets shall be borne
by the person or firm obtaining the permit. All cuts, breaks, excavations
or openings shall conform in size to the applications on which the
permit is based and shall be performed in neat, even and rectangular
sections. The permittee will properly restore to the satisfaction
of the Township Engineer any portion of said roadway which it may
have disturbed and will maintain it to the satisfaction of the Township
Engineer from any settlement or depression resulting from this work
for a period of two years after approval of such restoration by the
Township Engineer.
B.
Backfilling and temporary paving. All excavations
shall be completely backfilled, and as great a portion as possible
of the excavated material shall be replaced. Compaction shall be accomplished
by mechanical tamping or as otherwise directed. Additional material
shall be supplied when a deficiency occurs. If the Township Engineer
considers the excavated material unsatisfactory for backfill, approved
material shall be supplied and the excess unapproved material removed.
If tamping alone is employed, the material shall be placed in steps
not exceeding 12 inches in depth, moistened if directed, and each
step shall be properly tamped until thoroughly compacted. If immediate
replacement of permanent pavement is not feasible, the temporary restoration
shall consist of not less than two inches of cold patch material consolidated
to highway grade. The permittee shall maintain the temporary pavement
in a satisfactory condition until permanent repairs are made. Temporary
restoration can remain for only a maximum of six months.
C.
Permanent pavement restorations. If a permanent repair
is not feasible at the time the opening is closed, it shall be made
as soon as conditions allow. The existing paving shall be restored
to its original full depth with a minimum of six-inch crushed concrete/DGA
below two-inch bituminous top course for final restoration. All joints
and seams shall be sealed with a liquid tar-base joint sealer. The
permittee is to notify the Township Engineer 72 hours prior to permanent
repair.
[Amended 6-2-2011 by Ord. No. O-6-2011]
All street openings shall be opened, closed
and replaced as expeditiously as possible under the circumstances
and purpose of the opening; however, closure of the excavation shall
occur no later than the date specified in the permit application.
If the same are not replaced expeditiously as aforesaid and good cause
for the delay is not shown, the Township may, after notice and hearing
thereon, proceed to close and replace the street opening and charge
the cost thereof to the holder of the permit.
Before an issuance of any street opening permit,
fees and cash security performance deposit shall be received in the
offices of the Township Clerk as follows:
A.
Single street opening involving only one (1) lot frontage.
(1)
Filing fee (nonrefundable): $50.
(2)
Township Engineer review fee (nonrefundable): $300.
(3)
Township Engineer inspection fee (nonrefundable):
$500.
(4)
Cash security performance deposit: $750.
|
Note: Township Engineer shall make recommendation
of additional escrow funds should the project repair costs exceed
the initial escrow deposit.
|
B.
Multiple openings per street or multiple lot frontages
per application.
(1)
Filing fee (nonrefundable): $100.
(2)
Township Engineer review fee (nonrefundable): $400.
(3)
Township Engineer inspection fee (nonrefundable):
$750.
(4)
Cash security performance deposit: The greater sum
of $750 or such sum that may be established by the Township Engineer
to assure compliance with terms of this article in an amount not to
exceed 120% of the cost of repair, rehabilitation or installation
of improvements towards restoration of the roadway.
(5)
For utility companies and/or contractors anticipating
numerous multiple road opening permits per calendar year, the applicant
may post a one-time cash security performance deposit of $10,000 for
a one-year period beginning January 1st and ending December 31. However,
the applicant must submit the appropriate filing, review and inspection
fees on a per-application basis.
C.
"Performance security," for the purposes of this subsection, shall mean and include cash deposits or performance bonds or irrevocable letters of credit in a form approved by the Municipal Attorney. Performance security shall guarantee the faithful and satisfactory performance of the work in all respects, and shall replace or restore that portion of any street, highway or road in which the applicant, applicant’s agents and/or subcontractors shall make any excavation. In the event that the estimated costs of repair, rehabilitation or installation of roadway improvements shall, at any time, exceed the initial estimate or sums of performance security specified in Subsection A or B hereof, the permit holder, on written notice, shall provide such additional performance security equal to such additional costs within 10 days of such notice. All performance security shall remain in full force for a period of one year after the date that the excavation work is completed. A separate maintenance guarantee shall be required in the event that the performance security does not cover the excavation work for a period of one year from the date that the excavation work is completed.
[Amended 6-2-2011 by Ord. No. O-6-2011]
[Amended 6-2-2011 by Ord. No. O-6-2011]
Any person or persons violating any of the provisions
of this article shall, upon conviction thereof, be punished by a fine
not exceeding $2,000 and/or by imprisonment not exceeding 90 days,
or both.
