As used in this Article, the following terms
shall have the meanings indicated:
The area within the right-of-way lines of any township highway
and any highway constructed in accordance with plans approved by the
township, and also such portions of any state or county highway as
may be located beyond the curbs, but within the right-of-way lines
hereof.
Includes a person, firm, corporation or association.
It shall be unlawful for any person to make
or cause or permit to be made or caused any excavation or opening
in or under the surface or pavement of any permit area for the purpose
of installing or repairing pipes, sewers, drains, conduits, sidewalks,
curbs, driveways and similar structures or for erecting or replacing
poles, without first having obtained a permit; nor shall any person
store materials upon the permit area without first having obtained
a permit.
A written application for a permit shall be
made to the Public Works Department setting forth the following:
A.
The filing of an application and the issuance of a
permit shall constitute an agreement on the part of the applicant
to comply with the terms of this chapter and all rules, regulations
and requirements of the Public Works Department now in force or hereafter
adopted and shall constitute an agreement to indemnify and save harmless
the township from and against all claims, demands and actions for
damages either to person or property that may be sustained by any
person by reason of or arising out of any work done or action taken
under the application and permit. The application shall be signed
by a person who shall, in connection therewith, have filed with the
Township Manager a certificate showing that the applicant has obtained
from a reputable company a policy of insurance with limits of five
hundred thousand dollars/one million dollars ($500,000./$1,000,000.)
for both public liability and for property damage against any claim,
demand or action for damages either to person or property which may
rise out of work done or action taken under the application and permit.
[Amended 12-15-1992 by Ord. No. 1766-92; 11-21-1995 by Ord. No. 1846-95]
B.
No such policy of insurance shall be required, however,
where the work is to be performed by a corporation subject to the
supervision of the Public Utility Commission or the work is to be
performed by the owner himself on his own property, it does not involve
the breaking of any improved surface, it is to be completed within
one working day and the cost thereof does not exceed the sum of $50.
[Amended 12-16-1980 by Ord. No. 1494; 11-16-1982 by Ord. No.
1551; 12-15-1992 by Ord. No. 1766-92; 11-21-1995 by Ord. No.
1846-95]
A.
At the time of the filing of the application, the
applicant shall pay, in addition to the permit fee, the fees for construction
and inspection. Said fees shall be set forth from time to time by
resolution of the Board of Commissioners.[1]
B.
Improved surface. The minimum width of any opening
or excavation in an improved surface shall be two feet.
[Amended 12-16-1980 by Ord. No. 1494; 11-16-1982 by Ord. No.
1551; 9-15-1992 by Ord. No. 1766-92; 11-21-1995 by Ord. No. 1846-95]
A.
Upon the filing of an application for a street opening
permit, with certificates of insurance when applicable, the applicant
shall pay the permit application fee, in an amount to be set forth
from time to time by resolution of the Board of Commissioners, and
the inspection fees hereinabove specified. The Township Manager shall
issue a permit which, unless stated to be for a shorter period, shall
be good for 60 days and may be renewed for a like period upon payment
of a renewal fee, in an amount to be set forth from time to time by
resolution of the Board of Commissioners.[1]
B.
Upon the filing of an application for a curb or sidewalk
permit, the applicant shall pay the permit application fee, in an
amount to be set forth from time to time by resolution of the Board
of Commissioners, and the inspection fee hereinabove specified. The
Township Manager shall issue a permit which, unless stated to be for
a shorter period, shall be good for 60 days and may be renewed for
a like period upon payment of a renewal fee, in an amount to be set
forth from time to time by resolution of the Board of Commissioners.[2]
[Amended 12-16-1980 by Ord. No. 1494; 11-16-1982 by Ord. No.
1551]
The permit shall at all times be kept in the
possession of a competent person actually engaged in the work and
upon demand shall be exhibited to any police officer or properly authorized
employee of the township, county or state. Nothing above shall prohibit
the undertaking of emergency work without the formal issuance of a
permit, provided that such permit application is filed during the
next regular business day.
The filing of an application for the installation
of any of the structures referred to in this chapter shall constitute
an agreement that the applicant will, upon notice from the township
and without expense to the township, make such changes in the location
thereof as may be required by the Township Engineer because of interference
with township-owned structures. If any structure is not removed upon
notice from the township, the Public Works Department may remove it
and charge the cost thereof to the applicant.
All work performed hereunder shall be subject
to the supervision and approval of the Township Engineer. Whenever
the Township Engineer shall consider it necessary or advisable, he
shall appoint a special inspector who shall inspect the work as it
progresses, provided that the Township Engineer has notified the applicant
at the time of applying for the permit that special inspection may
be necessary. All such work shall conform to the following requirements:
A.
Commencement of work. All work shall be undertaken
within the time specified in the permit or within 24 hours after receipt
of the permit where no time for commencement is specified therein
and shall be performed diligently and continuously until completed.
B.
Closing permit area to traffic. In no case shall a
permit area, or any part thereof, be closed to traffic without the
written consent of the Township Engineer.
C.
Tunneling under an improved surface. Whenever in connection
with any work covered by this chapter a tunnel is to be made under
an improved surface, this fact shall be referred to in this application.
Before a tunnel is excavated, specific approval must be obtained from
the township and endorsed on the permit. The backfilling of the excavation
shall be done in the presence of a special township inspector. It
shall be made with one to four to eight (1:4:8) damp concrete mix,
thoroughly tamped in six-inch layers, or according to a similar method
approved by the Township Engineer.
D.
Backfilling excavations. All openings or excavations
shall be backfilled with suitable materials thoroughly compacted in
layers, each of which shall not exceed six inches in depth, tamped
to within 10 inches of the surface, or puddled where ordered by the
Township Engineer.
E.
Sidewalks and gutters. Sidewalks, gutter, paving and
other improvements, except permanent street paving which shall be
installed by the township, shall be restored by the applicant to a
condition equal to that existing before the opening or excavation
was made.
F.
Temporary paving. A temporary paving of materials
previously removed from the road surface 10 inches in depth, the top
two inches of which shall be made of new bituminous concrete, thoroughly
bound and compacted shall be installed flush with the surface of the
adjoining paving. The applicant shall keep and maintain such paving
in proper condition until such time as the permanent paving is constructed
by the township. If the applicant fails to install such paving within
a reasonable time after the completion of the improvements or fails
to properly maintain such paving, the township shall perform the work
and charge the costs thereof to the applicant.
G.
Permanent paving.
(1)
Permanent paving shall be constructed by the applicant
within 30 days after the installation of the temporary paving. If,
within one year after the installation of the permanent paving, defects
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.
[Amended 12-15-1992 by Ord. No. 1766-92]
(2)
If at the time of issuance of the permit the Township
Engineer shall determine in his discretion that the applicant should
make the permanent restoration, and the permit so provides, then the
permanent paving shall be constructed by the applicant within 60 days
after the installation of the temporary paving. If any defects appear
therein, the applicant shall immediately upon receipt of notice from
the township make at its costs such repairs as may be necessary.
H.
Road restoration
requirements.
[Added 12-21-2022 by Ord. No. 2449-22]
(1)
Where streets 1) have been overlaid or constructed within the last
five years, regardless of the size of any openings or cuts; and/or
2) are disturbed for more than 25 square feet and/or 50 lineal feet;
and/or 3) are opened or cut in three or more places in any one block,
regardless of the size of the openings or cuts, then restoration shall
include base repair, surface milling and overlay according to Township
specifications to the extent of milling and overlaying the full cartway,
which includes edge of paving to the other side of edge of paving
of the entire block, not to be less than 100 feet in length. The Township
specifications are those specifications relayed by the Township to
the entity performing the restoration at the time of the restoration.
(2)
The applicant shall be responsible for all restoration work contemplated in Subsection H(1) immediately above for a period of two years from the date of the Township's final inspection and approval of such work. If, during this two-year period, the restored surface settles, deteriorates, cracks, or otherwise fails, as reasonably determined by the Township, the Township shall inform the applicant, in writing, and the applicant shall make the necessary corrections and/or repairs as reasonably directed by the Township.
(3)
The Township shall routinely inform utilities of the Township's
capital improvement programs and of specific projects as they are
designed. Prior to the scheduled rehabilitative work, the utilities
are expected to perform any needed maintenance work on their below-street
facilities and to upgrade them for growth commensurate with the expected
life of the street improvement.
A.
Lines and grades. The Township Engineer shall furnish
information as to lines and grades for the construction and repair
of sidewalks, curbs and driveways within the permit area, and no work
shall be performed therein that does not conform to such lines and
grades.
B.
Curbs. The construction and resetting of curbs and
the making of cuts therein shall be performed only under the direction
of the Township Engineer.
C.
Driveways. Driveways must be constructed across the
permit area at the grade of the sidewalk and meet the grade of the
curb. Curbs may be depressed to two inches above the surface of the
road, but depressed curbs may be constructed only by placing new curb.
No chipping of the curb will be permitted. Sidewalks may be constructed
across driveways.
D.
Drains. No stormwater drains shall be constructed
or maintained which discharge water over or upon any sidewalk. Such
drains shall be constructed under the sidewalk. Where the outlet of
a drain is adjacent to a storm sewer, connection shall be made therewith.
Waste from sinks or cesspools and foul or offensive drainage shall
not be discharged upon any highway or into storm drains.
E.
Pipes. Property owners shall keep free of obstruction
all gutter pipes which receive or carry water within a permit area.
F.
Specifications and regulations. All work within a
permit area shall conform to township specifications and regulations
on file in the office of the Public Works Department.
No building materials shall be stored on the
improved surface of any highway or obstruct any sidewalk so that free
passage of not less than four feet in width shall be at all times
maintained, nor shall such materials be allowed to obstruct the flow
of water in any gutter or be placed within 25 feet of any fire hydrant
or be mixed upon any improved surface or left within the permit area
after the expiration of the permit.
No gasoline pumps, oil tanks, walls, fences,
posts, planting, shrubbery or similar obstructions may be placed within
the permit area. Any such obstruction shall be removed promptly by
the property owner whenever written notice to remove such obstruction
is given by the Township Engineer. If the owner fails to comply with
such notice, the township shall remove the obstruction and charge
the cost thereof to the owner.
[Amended 11-21-1995 by Ord. No. 1846-95]
Any person who shall do or cause any work to
be done or any action to be taken without the permit required by this
chapter or who shall fail to comply with any of the provisions of
the permit or of this chapter shall be liable, on conviction thereof,
to a fine of not more than $600 for each offense. Whenever such person
shall have been notified by the Township Engineer or by the service
of a summons in a prosecution or in any other way that he is committing
a violation of this chapter, each day in which he shall continue such
violation shall constitute a separate offense punishable by a like
fine or penalty. Such fines or penalties shall be collected before
any Justice of the Peace as like fines or penalties are now by law
collected.[1]
[1]
Editor's Note: Former Art. III, Manholes,
which immediately followed this section, was repealed 11-21-1995 by
Ord. No. 1846-95.
