[Adopted 1-4-1999 by Ord. No. 1998-11]
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. In this article, the term "opening" shall have essentially
the same meaning as "excavation."
PERSON
Any natural person, partnership, firm, association, corporation,
public utility or municipal authority.
STREET
Any public street, avenue, road, square, alley, highway or
other public place located in the Township of West Bradford 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.
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 West Bradford
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 of West Bradford shall make
application to the Township in writing for that purpose. Such application
shall be made upon forms to be furnished by the Township of West Bradford
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 West Bradford and the laws of the commonwealth
in relation thereto, and that the applicant shall well and truly save,
defend and keep harmless the Township of West Bradford 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 things relating thereto.
Before any permit shall be issued to open or excavate any street
in the Township of West Bradford, the applicant shall pay a permit
fee in the amount fixed according to a schedule established pursuant
to resolution of the Board of Supervisors.
Permits shall be issued only to persons furnishing public utility
services and regulated by the Public Utility Commission 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 commenced and completed.
A permit may be issued to the applicant after all the requirements
therefor have been filed. If the application is denied, written notice
of denial, 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 of West Bradford 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 West Bradford 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 opening or excavation, and such
restoration shall be in accordance with the specifications of 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 and the junction of the new paving
with the existing paving sealed with a PennDOT-approved bituminous
joint sealer. If within two years after the restoration of the surface
as herein provided defects shall appear therein, the applicant shall,
upon notice from the Township, repair said defects within the time
specified by the Township or, if failing to do so, shall reimburse
the Township of West Bradford for the cost of all necessary repairs
to the permanent paving.
Responsibility for enforcement of this article falls to the
Road Master, if the Road Master position exists, and to the Zoning
Officer, if the Road Master position does not exist.
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 designated
official, provided that the Road Master 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 of West Bradford, in which event the
applicant shall pay the actual cost of the work performed by the Township
of West Bradford.
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
Road Master and permission therefor endorsed upon the permit. The
backfilling of a tunnel excavation shall be made only in the presence
of the Road Master or an inspector designated by him and shall be
done only in a method approved by him.
E. The existing paving adjacent to the trench excavation shall be mechanically
cut to provide a straight and uniform surface at the edge of the trench
excavation. All openings or excavations shall be backfilled promptly
with 2A modified aggregate and thoroughly mechanically compacted in
eight-inch layers to a minimum compaction rate equal to 98% of the
maximum dry-weight density of the backfill material. Backfilling shall
be placed with 10 inches of the road wearing 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, following PennDOT 408 Specifications for work zone traffic
control, 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
of West Bradford 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 Road Master 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 Road Master, 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 Road
Master, the Township of West Bradford may proceed to correct 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 a telephone notice is made to the
Township and 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 Road Master, 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. If the applicant
fails to rectify a defect which presents an immediate or imminent
safety or health problem within 48 hours or any other defect within
60 days after written notice from the Board of Supervisors to do so,
the Board of Supervisors or its agents may do the work and impose
upon the applicant the cost thereof, together with an additional 20%
of the cost, which may be recovered by an action in assumpsit in the
Court of Common Pleas of the county.
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 of West Bradford may prescribe.
The Road Master shall give timely notice to all persons owning
property abutting on any street within the Township of West Bradford
about to be paved or improved, and to all public utility companies
operating in the Township of West Bradford, 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.
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 Manager. If it is
sought to excavate upon or open a sewer within five years after the
completion of the paving, the applicant shall make written application
to the Township of West Bradford, and a permit for such opening shall
be issued only after express approval of the Township Manager.
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.
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 of West Bradford until the plan therefor shall have
been first filed with the Road Master and such plan and the exact
location of such main or line approved by him. The Road Master 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.
A. Permittee must provide liability insurance in the amount of $500,000,
with a certification to be supplied to the West Bradford Township
prior to commencement of construction, naming the Township of West
Bradford as an additional insured.
(1) The
permittee must provide proof of worker's compensation insurance as
required by Act 44 of 1993.
B. When in the opinion of the Township Manager, after consultation with
the Board of Supervisors, the anticipated scope of work is more than
a simple street opening and it is necessary to assure completion of
the project, then a bond shall be required as follows:
(1) No
company, corporation or association shall dig up any street or alley
without first giving to the Township of West Bradford a bond with
an 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.
Payment for all work done by the Township of West Bradford 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 of West Bradford. Upon failure
to pay such charges within such time, the same shall be collectible
by the Township of West Bradford by an action in assumpsit or in the
manner provided by law for the collection of municipal claims.
Any person, firm or corporations who violates or permits a violation
of this article shall, upon conviction in a summary proceeding brought
before a Magisterial District Judge under the Pennsylvania Rules of
Criminal Procedure, be guilty of a summary offense and shall be punishable
by a fine of not more than $1,000, plus costs of prosecution. In default
of payment thereof, the defendant may be sentenced to imprisonment
for a term not exceeding 90 days. Each day or portion thereof that
such violation continues or is permitted to continue shall constitute
a separate offense, and each section of this article that is violated
shall also constitute a separate offense.
The provisions of this article shall not apply to laying sidewalks
or curbs.