[Adopted 1-8-1991 by Ord. No. 47B
(Ch. 21, Part 3, of the 1994 Code)]
It is the intent of the Board of Commissioners of Hatfield Township,
for the purpose of health, safety and welfare of the general community, that
opening of streets be regulated by permit in a safe, efficient manner by persons
doing so.
The following words, when used in this article, shall have the meaning
ascribed to them in this section, except in those instances where the context
clearly indicates otherwise:
Any person who makes application for a permit.
The Township of Hatfield, County of Montgomery, Commonwealth of Pennsylvania.
Any person who has been issued a permit and has agreed to fulfill
all the terms of this article.
Any natural person, partnership, firm, association, utility or corporation.
The entire right-of-way of a public street, public highway, public
alley, public way, public road or public easement within the Township, whether
or not improved.
Any ditch, excavation, tunnel or opening in or under the surface
of any street, sidewalk, footpath or within any street right-of-way, including
work performed by any property owner or his agent or contractor within that
portion of the street right-of-way abutting his property and lying between
the curbline and the property line.
It shall be unlawful for any person to make any street opening without
first securing a permit therefor from Hatfield Township; provided, however,
any person maintaining pipes, lines or underground conduits, in or under the
surface of any street by virtue of any law, ordinance or franchise, may, after
providing notification to the Hatfield Township Police Department, proceed
with an excavation or opening without a permit when emergency circumstances
demand the work be done immediately for the preservation of the public health,
safety or welfare, provided the permit could not reasonably and practically
have been obtained beforehand. Such person, however, shall thereafter apply
for a permit on the first regular business day on which the office of the
Township is open for business and the permit shall be retroactive to the date
when work was begun. Any work done in accordance with this section on a emergency
basis shall still comply with all of the specifications and standards as set
forth hereinafter in this article.
The granting of any street opening permit shall confer a right upon
the permittee, subject to the terms and conditions of the permit, to temporarily
occupy and use the street surface during the course of construction work covered
by the permit, and to thereafter occupy and use the street surface during
the course of construction work covered by the permit, and to thereafter occupy
the space within which the work is to be located, subject in every case to
the specific right of the Township to require temporary or permanent relocation
or removal of any of the facilities entirely at the permittee's expense
in the event said facilities are in conflict with the Township's interest
of the public interest in the use of the street.
In granting any permit, the Township may attach such special conditions
thereto as may be reasonably necessary to protect the public land, private
property and also the general health, safety and welfare of the community
particularly for pedestrian and vehicular traffic.
By accepting the permit, the applicant agrees to perform the work in
accordance with the terms and conditions of the permit, and of any special
conditions which may be attached thereto, and to save the Township, its officers,
employees and agents from any costs, damages and liabilities which may accrue
by reason of the work.
Every permit issued hereunder shall expire at the end of the period
of time specified in the permit. If the permittee shall be unable to complete
the work within the specified time, he shall, at least 15 days prior to expiration
of the permit, present in writing to the Township a request for an extension
of time, setting forth therein the reasons for the requested extension. If
in the opinion of the Township such an extension is necessary, the permittee
may be granted additional time for the completion of the work.
Any permit issued hereunder may be revoked by the Township after notice
for violation of any condition of the permit or any ordinance of the Township
including, but not limited to, not completing the work as set forth in the
time constraints contained in the permit or performing the work in accordance
with the specifications as set forth hereinafter.
Whenever final paving repairs are not completed to the satisfaction
of the Township or in accordance with the time constraints or the specifications
in this article, the Township reserves the right after notice to permittee
to complete final paving and any other necessary work and the permittee agrees
to reimburse the Township the actual cost thereof.
Any person intending to make a street opening shall make written application therefor to the Township on a form provided for that purpose, not less than 10 working days prior to the commencement of work. Upon approval, permits shall be issued to the applicant by the Township Building Inspector, Township Manager or a designated Township employee. No work shall be commenced until the Township has approved the application and issued a permit, excepting emergency work, as provided under § 246-17 hereof. Each application shall be accompanied by an accurate drawing clearly showing the extent of the proposed street opening and the location and depth of the subsurface facilities to be installed, and when required by the Township, the location and depth of all other surface facilities in the vicinity of the work. Even though a permit shall have been issued, no work shall be commenced thereunder until the person intending to make a street opening shall have given 24 hours' advance notice to the Hatfield Township Manager or the Township Building Inspector. The Hatfield Township Board of Commissioners may amend its application form for opening surface of public highway or walkways from time to time by resolution.
The applicant shall pay a nonrefundable permit fee or fees, and shall be required to make a deposit in accordance with § 246-35 hereinafter set forth at the time of the issuance of the street opening permit in accordance with the Hatfield Township Board of Commissioner's resolution pertaining thereto.
The applicant shall furnish certificates of insurance as required by
Township.
The work shall be subject at all times to inspection by the Township
or its agents, and the permittee shall pay the cost of such inspection as
the Township may require. Notwithstanding anything contained herein, permittee
shall be required to notify the Township before commencing the work as to
the time and date the work will commence and shall immediately notify the
Township when said work is completed.
Unless specifically permitted by the Township:
A.
No street opening shall be made within five years of
construction, reconstruction, reconditioning or newly applied pavement surface.
B.
No street opening shall extend across more than 1/2 of
the cartway or travelway at one time.
C.
Two-way traffic shall be maintained at all times. If
the roadway must be closed, the permittee must submit, in writing, why it
must be closed. A detailed detour map, including signs to be installed, shall
be provided in accordance with Pennsylvania Department of Transportation Publication
203.a, as amended.
D.
Access to driveways and/or buildings abutting the street
shall be maintained where possible.
E.
No more than 250 lineal feet of any street shall be opened
at any one time.
A.
The permittee shall conform to Pennsylvania Act 172,
PA One-Call System and shall take all precautions necessary to avoid damage
to other utility lines and to public and private property. Proof of notification
shall be submitted to the Township and noticed on the application in the form
of the PA One-Call utility serial case number. In the event damage does occur
to property of others, the permittee shall promptly and satisfactorily repair
all damage and restore the property to a satisfactory condition.
B.
Provisions shall be made to accommodate the flow of storm
drainage, and no excavated material or trench shall be permitted to interfere
with the normal flow of surface water.
C.
Traffic control shall be maintained in accordance with
Pennsylvania Department of Transportation Publication 203.a, and the permittee
shall furnish and maintain upon the work such signs, barricades, lights and
flag men as may be necessary to properly protect the public and workers.
D.
If blasting is performed, such operations shall be in
charge of state-certified persons only, and shall be carried out in strict
accordance with federal, state, county or municipal laws or regulations governing
the same. Proper certificates of insurance shall be provided to the Township
evidencing a minimum of $5,000,000 coverage prior to the issuance of a permit.
E.
The permittee shall be responsible to notify the Township
Fire and Police Departments and other public utility companies of the proposed
work, stating the nature and location of the work to be done, and shall keep
all said parties informed of the progress of the work. When access to abutting
properties is to be denied, the permittee shall notify the affected parties
at least five days in advance of the denial of access.
A.
Cuts through bituminous wearing surfaces shall be scored
on a neat, straight line to the full trench width, using either a pneumatic
spade or a concrete saw. Cuts through portland cement concrete shall be sawed
to a sufficient depth to enable removal of concrete with a clean, straight
break.
B.
Pedestrian crosswalks shall be kept clean and free of
obstructions and, where necessary, temporary bridging or plank walkways shall
be provided. Excavated material shall be immediately loaded into trucks and
removed as excavation is in progress. Construction materials shall not be
stored in the public street except immediately in advance of installation.
Loose earth and stone shall be promptly cleaned from the streets and sidewalks,
and dust shall be regularly swept up and removed. Sidewalks of trenches shall
be kept as nearly vertical as possible and shall be properly shored and braced.
C.
Through rock, utility lines and facilities shall be cushioned
by not less than six inches of clean No. 57 stone completely around and beneath
the work, so that a cushion completely surrounds the work to afford protection
in the event of future excavation in close proximity thereto.
D.
Backfilling shall follow immediately after installation
of the facilities, and only clean, dry 2A modified stone shall be used. Backfill
shall be compacted by vibrating or mechanical tampers only, and in layers
of six-inch to eight-inch maximum to insure 95% to 98% compaction. No rolling
or puddling will be acceptable as a means of compaction. Excess materials
shall be promptly removed and the street hand-swept prior to paving repairs.
E.
All trenching, excavations, backfilling and protection
shall be in accordance with the applicable OSHA standards.
F.
All excavation and earth-moving equipment shall have
rubber tires or rubber pads on all tracks to avoid roadway surface damage.
G.
All restorations shall be performed in accordance with
the Hatfield Township right-of-way permanent restoration detail attached to
the application for opening surface of public highway or walkways. Restoration
shall be performed for any areas within the right-of-way unless designated
otherwise by the Township.
A.
Temporary pavement repairs shall consist of not less
than eight inches of 2A modified stone laid on the properly compacted and
evenly graded trench, and shall be thoroughly compacted by rolling or vibration.
A one-and-one-half-inch-thick bituminous concrete wearing surface or cold
mix bituminuous patch shall be placed with proper compaction on the modified
stone trench and shall match the existing road surface. In all cases, the
permittee is responsible to maintain temporary pavement repairs in good condition,
free of chuck-holes and soft spots, and to clean the street surface of any
stone or earth which may be carried over the street.
B.
Final pavement restoration shall be made only when weather
conditions are suitable, and shall be carried out as follows:
(1)
All temporary paving, modified stone and earth shall
be removed to a depth 10 1/2 inches below finished street paving grade.
Any soft or spongy spots shall be removed to firm bearing, and replaced with
modified stone and thoroughly compacted. Edges of original paving shall be
cut back on a straight line so that no less than 12 inches of undisturbed
subgrade is exposed, forming a shoulder or ledge along either side of the
trench. Edges of existing paving shall be neatly cut to expose a sound, vertical
face, and the shoulder area shall be fully excavated to the required eleven-and-one-half-inch
depth, regardless of the depth of existing street paving. The entire width
of trench and cutback shoulder area be finegraded and rolled or vibrated to
an even grade 11 inches below the adjacent street surface.
C.
Final pavement repair shall consist of the following:
(1)
An eight-inch-thick bituminous concrete base course (BCBC)
to a width of the trench excavation plus one foot on each side.
(2)
A two-inch ID2 binder, laid on the eight-inch BCBC course. If the final wearing course as specified in Subsection C(3) is placed within 24 hours of the BCBC placement, the two-inch ID2 binder may be omitted at the discretion of Township.
(3)
A one-and-one-half-inch ID2 surface course laid on the
BCBC and ID2 restoration.
(4)
All joints shall be sealed with AC 20 or equal. Proper
tack coating is required.
(5)
Said work shall be done in accordance with PA DOT Form
408 and in accordance with Exhibit A attached hereto and described as road
restoration detail prepared for Hatfield Township.[1] Interpretation as to any applicability or content of any ordinance
or statute lies with Hatfield Township.
[1]
Editor's Note: Exhibit A is in file in the Township offices.
Requirements for permanent repairs to surfaces other than bituminous
macadam will be determined by the Township in each specific case. In general,
final restoration shall be equal to or better than the original surface.
Whenever unusual conditions exist or arise during construction, the
Township may change the permanent restoration requirements from those given
herein. In all cases marks of construction beyond the area of actual trench
shall be satisfactorily restored. In cases where a substantial portion of
the original street paving is removed or damaged, the Township may require
the permittee to resurface the entire street area, in addition to construction
the final paving repairs over trench area. The Township may also elect to
accept payment from the permittee to the Township for final paving repairs,
in a sum so paid toward the cost of reconstruction of the entire street.
The permittee shall be responsible to correct any trench settlement
or deterioration in the final paving work for the first two years after the
date of issuance of the final completion certification.
The Township shall require a deposit in accordance with the schedule
attached to the application for opening surface of public highway or walkways,
which deposit amount may be changed from time to time by Hatfield Township
Board of Commissioners resolution pertaining thereto.
The deposit may be in the form of cash, certified treasurer's check
or cashier's check payable to the Township of Hatfield.
Upon completion and final inspection of the work, the Township shall
make an accounting to the permittee of all costs incurred by the Township
in connection with the permit, to which the Township may add any reasonable
sum to cover anticipated costs of future maintenance. The Township shall thereupon
refund to the permittee any amount of deposit in excess of the computed as
aforesaid, or if the deposit if found to be insufficient, the permittee shall
immediately pay to the Township any amount equal to the deficiency. If the
permittee fails or refuses to pay such deficiency upon demand, the Township
may recover the same by action in any court of competent jurisdiction. Until
such deficiency is paid in full, additional permits may be denied such permittee.
After final inspection and acceptance of the work, and after payment
of any refund or collection of any insufficiency due, the Township shall issue
a final completion certificate. The date of such final completion certificate
shall fix the two-year time period during which the permittee absolutely is
responsible for maintenance of permanent pavement repairs and trenches.
The certificate of insurance required of the applicant under § 246-26 of this article shall indicate that he is insured against claims for damages for personal injury as well as against claims for property damages which may arise from or out of the performance of the work, whether such performance be by himself, his subcontractor or anyone directly or indirectly employed by him. Such insurance shall include protection against liability arising from completed operations. The amount of such insurance shall be prescribed by the Township in accordance with the nature of the risks involved; provided, however, that the liability insurance for bodily injury in effect shall be in an amount not less than $500,000 for each person and $1,000,000 for each accident and for property damage an amount not less than $100,000. Failure of applicant to file such certificate shall be grounds for denying a permit. The insurance policy shall contain a provision providing the Township with 30 days' notice of cancellation.
[Amended 9-28-1994 by Ord. No. 420]
Any person violating any provision of this article shall, upon conviction
thereof, be sentenced to pay a fine of not more than $1,000, and costs of
prosecution, and, in default of payment of such fines and costs, to imprisonment
for not more than 30 days; provided, each violation of any provision of this
article, and each day the same is continued, shall be deemed a separate offense.
