[Adopted 7-25-1983 by Ord. No. 83-20]
This article shall be known and may be cited
as the "Township of Upper Gwynedd Street Excavation Ordinance."
A.
The following words, terms and phrases, as used in
this article, shall have the meanings given herein. When not inconsistent
with the context, words used in the singular include the plural, and
words in the plural include the singular, and words used in the present
tense include the future. The word "shall" is always mandatory.
B.
APPLICANT
EXCAVATION
FACILITY
IMPROVED SURFACE
PERSON or PERSONS
PUBLIC PLACE
SIDEWALK AREA
As used in this article, the following terms shall
have the meanings indicated:
The person applying for a permit and, if granted, the holder
of said permit, including any agent or contractor of applicant.
Any break or opening in the surface or subsurface of any
public place in any manner whatsoever.
Any pipe, sewer, drain, conduit, tunnel, manhole, duct, vault,
buried wire or cable, meter, gauge, valve, regulator, junction box,
transformer, tower, wire, pole, anchor, phone booth, curb, curb and
gutter, sidewalk, driveway or any other object, structure or material
of any kind, whether mentioned herein or not, which may be lawfully
constructed, left, placed or maintained in, across, under, over, upon
or along any public place.
Any surface which is paved with cement concrete, bituminous
concrete, penetration asphalt or any other material.
Any person or persons, corporation, partnership or association.
Any Township street, road, highway, avenue, lane, place,
way, alley, footpath, sidewalk, park or any public property owned
or controlled by the Board of Commissioners.
The area between the curbline and the side of the right-of-way
in any Township street, road, highway, avenue, lane, place or way.
It shall be unlawful for any person to make,
cause or permit to be made or caused any excavation or opening in
or under the surface of the ground or paved areas within the boundaries
of any public place, for the purpose of installing, repairing, erecting,
replacing or making connections thereto of any facility, including
curbs and sidewalks, without first obtaining from the Board of Commissioners
a permit therefor before such work is begun and complying with such
other requirements herein specified.
Before such permit is issued, a written application
on a form to be furnished for that purpose by the Board of Township
Commissioners must be filed with the Township. The written application
shall state the name, address and principal place of business of the
applicant, setting forth the purpose for which the said public place
is to be excavated, the location and dimensions of said excavation
and the purpose of the facility. The applicant shall agree to assume
all liability for all or any damages to person or property accruing
to the public or said Township which may or might result from the
opening, excavating or occupying of said public place.
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 article and all rules, regulations,
resolutions and requirements of the Board of Commissioners now in
force or hereafter adopted.
B.
Applicant hereby agrees to indemnify and save harmless
the Township against any and all liability, demands, actions for damages,
loss, damages, claims, costs or expense which the Township may hereafter
incur, suffer or be required to pay by reason of or arising out of
any work done or action taken under either the application or permit.
C.
Prior to the issuance of a permit, the applicant shall
file with the Board of Commissioners a certificate showing that the
hereinafter mentioned insurance is carried in the specified amounts,
obtained from a reputable company, satisfactory to the Township or
file a self-insurance certificate as issued by the Pennsylvania Department
of Labor and Industry and the Pennsylvania Department of Revenue.
Such certificate shall specify that the contractual liability required
under this article is covered and shall specify that the coverage
will not be canceled or changed without 10 days' prior notice to the
Township.
(1)
Workers' compensation insurance shall be maintained
for all employees at the site of the project, and in case any work
is sublet, the applicant shall require the subcontractor similarly
to provide workers' compensation insurance for all the latter's employees,
unless such employees are covered by the protection afforded by the
applicant. In case any class of employees engaged in hazardous work
at the site of the project is not protected under the workers' compensation
statute, the applicant shall provide and cause each subcontractor
to provide adequate insurance for the protection of his employees
not otherwise protected.
(2)
Comprehensive general liability insurance for bodily
injury and property damage, in a policy acceptable to the Township,
shall be taken out and maintained so as to protect, indemnify and
hold harmless the Township of Upper Gwynedd, himself and any subcontractor
performing work covered by the application from claims for damages
for personal injury, including accidental death, as well as from claims
for property damage which may arise from operations under the application,
whether such operations be by himself or by any subcontractor or by
anyone directly or indirectly employed by himself or by any subcontractor,
and the minimum amounts of such insurance shall be as follows:[1]
(3)
The above policies of comprehensive general liability
insurance for bodily injury and property damage must be so written
as to include contingent bodily injury and contingent property damage
insurance to protect the applicant against claims arising from the
operations of subcontractors.
D.
The following special hazards shall be covered by
rider or riders to the public liability and/or property damage insurance
policy or policies herein elsewhere required to be furnished by the
applicant or by separate policies of insurance in the same amounts
required under public liability and property damage as hereinbefore
specified.
(1)
For all automobile and automobile trucks owned, used
and hired by contractors and used in connection with the work covered
by the application.
(2)
For blasting, if blasting is necessary on the project,
explosion or underground collapse, an additional fee shall be charged
for these hazards as established by resolution of the Board of Commissioners.
The applicant shall pay the required fees as
established by resolution of the Board of Commissioners.
A.
No permits shall be issued by the Township Manager
or, in his absence, his authorized representatives who are the Building
Code Official, Plumbing Inspector and Director of Public Works, until
the application has been approved by the Township, the certificates
of insurance filed where required, and the payment of all the fees
and escrowed sums as required by resolution of the Board of Commissioners.
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 properly authorized employee of the Board of Commissioners,
county or state or a police officer. Nothing shall prohibit the undertaking
of emergency work without the formal issuance of a permit, provided
such permit application is filed during the next regular business
day. No construction, restoration, inspection or permit fee paid under
this article shall be considered to be in lieu of any annual license
charge or inspection fee now required to be paid or which at any time
shall be required to be paid by ordinance of the Township of Upper
Gwynedd.
B.
All excavation, constructions and obstructions shall
be commenced and completed by the use of a reasonable work force and
shall be done at such time and in such a manner as shall be consistent
with the safety of the public and shall conform to all requirements
and standards of the Township.
C.
At the cessation of each day's work, all nonessential
materials shall be removed; in the case of excavation, suitable steel
or wooden plates shall be placed over excavations in order that traffic
can continue over the excavation while it is not being worked.
D.
If at any time it shall be found by the Township Manager
that the work is not being done or has not been properly performed,
the applicant, upon being notified by the Township in writing, shall
at his own expense perform whatever work is necessary to bring this
project in compliance with the requirements and standards established
by ordinance and/or resolution of the Township.
E.
If work is stopped on a project for any reason other
than by order of the Township Manager, and the ditch or trench, in
the opinion of the Township, remains open for an unreasonable period,
the applicant upon being directed shall refill the ditch or trench,
and work shall not be resulted thereon until the applicant is prepared
to proceed with the work without interruption until completion. In
the event that the applicant fails to refill the ditch or trench or
to proceed with the work until completion upon notice from the Township
to do so, the Township may perform the necessary and required work.
Applicant shall reimburse the Township for any costs incurred in performing
said work.
F.
In granting any permit, the Township Manager may attach
such other conditions thereto as may be reasonably necessary to prevent
damage to public or private property or to prevent the operation from
being conducted in a manner hazardous to life or property or in a
manner likely to create a nuisance. Such conditions may include but
shall not be limited to:
(1)
Limitations on the period of the year in which the
work may be performed.
(2)
Restrictions as to the size and type of equipment.
(3)
Designation of routes upon which materials may be
transported.
(4)
The place and manner of disposal of excavated materials.
(5)
Requirements as to the laying of dust and oil, the
cleaning of streets, the prevention of noise and other results offensive
or injurious to the neighborhood, the general public or any portion
thereof.
The filing of an application for the installation
or construction of any facility in a public street or right-of-way
shall constitute an agreement that the applicant will, upon notice
from the Board of Commissioners and without expense to the Board of
Commissioners, make such changes in the location of the facility as
may be required because of any public improvement, existing or proposed.
The applicant shall determine the existence
and location of existing facilities and avoid conflict with them.
No facility owned by the Township shall be moved to accommodate the
applicant, unless permission is granted by the Board of Commissioners,
and the cost shall be borne by the applicant. The applicant shall
support, by the latest approved methods, all facilities affected by
the excavation work and do everything necessary to support, sustain
and protect them, under, over, along or across the work. In case any
existing facility is damaged, it shall be charged to the applicant.
The applicant shall be responsible for any damage done to any public
or private property by reason of the breaking of any existing facility.
A.
During the performance of the work, traffic conditions
shall be maintained as near normal as is practicable in order to cause
as little inconvenience as possible to the occupants of the abutting
property and to the general public. In the event that any public place
shall be closed to vehicular or pedestrian traffic, the applicant
shall submit a plan of detour, which shall be approved by the Township
Manager at the time of applying for the permit, and all detours shall
be clearly posted prior to the start of work. All materials placed
on, all openings or excavations made in or any obstructions created
on or in any public place in the Township of Upper Gwynedd shall be
properly marked from sunset to sunrise by red lights, red lanterns,
reflectors, torches and/or electric flashers, or other protective
devices so placed as to indicate from the roadway, in both directions,
the exact location and limits of said work or obstruction. The work
shall be at all times adequately guarded by suitable and sufficient
fences, barricades, barriers, flags and warning signs or other protective
devices to protect it from damage and the public from accident and
unnecessary inconvenience.
B.
Safe crossings for two lanes of vehicular traffic
shall, at all times, be maintained where possible at street intersections,
and safe crossing for pedestrians at intervals consistent with the
general pattern of the area shall be maintained and protected. If
any excavation is made across any public place, at least one safe
crossing shall be maintained, when possible, for vehicles and pedestrians.
If the street is not wide enough to hold the excavated material without
using part of the adjacent sidewalk, a passageway at least 1/2 of
the sidewalk width shall be maintained along said sidewalk line.
A.
Permit shall expire within 45 days after the date
of issuance of the permit, unless otherwise specified. The applicant
must apply to the Township Manager for an extension of time within
which to perform the work. If such an extension is granted, the original
permit shall remain in force for the period of time specified in the
extension. Applicant shall notify the Township Manager 24 hours prior
to the initial commencement of work.
B.
All work must be performed during times specified
in the following schedules. All street openings and excavations must
be closed immediately and all obstructions removed from the Township
right-of-way at all other times. Exceptions are granted only in an
emergency or when written permission is obtained in advance from the
Township Manager. No work shall be performed on any Saturday, Sunday
or legal holiday. If a street opening or excavation is left at any
incomplete stage for over 24 hours, it may be deemed contrary to the
public interest by the Township.
Every permit shall expire at the time stated
in the permit. If the applicant should not complete the work within
the specified time, he shall, prior to expiration of the permit, present
in writing to the Township Manager a request for an extension of time,
setting forth therein the reasons for the requested extension. If
in the opinion of the Township Manager such an extension is necessary
and not contrary to the public interest, the applicant may be granted
additional time for the completion of the work.
A.
Any permit may be revoked by the Township after notice
to the applicant for:
(1)
Violation of any condition of the permit or any provision
of this article.
(2)
Violation of any provision of any other applicable
ordinance and/or resolution relating to the work.
(3)
Existence of any condition or the doing of any act
constituting or creating a nuisance or endangering life or property.
B.
Written notice of any such violation or condition
shall be served upon the applicant or his agent engaged in the work.
The notice shall contain a brief statement of the reasons for revoking
the permit. Notice may be given either by personal delivery thereof
to the person to be notified or by certified or registered United
States Mail, addressed to the persons to be notified.
C.
When any street-opening permit has been revoked and
the work authorized by the permit has not been completed, the Township
may do such work as is necessary to restore the street, or part thereof,
to as good a condition as before the opening was made. All expenses
thereby incurred by the Township shall be recovered from the applicant.
When the Township shall improve or pave any
street, the Township Manager shall give notice to all persons owning
property abutting on the street about to be paved or improved and
to all public utilities and municipal authorities, and municipal authorities
shall make all connections as well as any repairs thereto which would
necessitate an excavation of the street and shall perform all curb
cuts, construct all crossovers or, where curbing is to be installed,
notify the Township of the proposed location of the curb cut by supplying
the plans referred to herein and placing stakes on the premises at
the proposed location of the curb cut, all of which shall be done
within 45 days from the date of such notice. The time shall be extended
if permission is requested in writing and approved by the Township
Manager after consultation with the Township Engineer.
A.
If the work to be undertaken by the applicant is such
that it will affect the use of properties abutting or adjoining the
project, the applicant shall notify the affected property owners and/or
tenants of the proposed work to be done.
B.
If the work to be undertaken by an applicant will
affect other subsurface installations in the vicinity of the proposed
opening or occupancy, the applicant shall notify the owners of such
facilities of the proposed work.
C.
The Township Manager shall notify the Township Police
and Fire Departments of all street opening permits he grants. Such
notification shall state the nature of the work to be done, proposed
beginning and completion dates and the location of such projects.
Upon notification by the applicant that all
work authorized by the permit has been completed and after restoration
of the opening according to specifications, the Building Code Official
shall determine if an additional deposit shall be required, which
deposit shall be paid, and all deposits shall be returned one year
from the date of completion of the restoration work; or in the alternative,
the applicant may supply a corporate surety bond, whereupon the Township
Manager shall refund to the applicant his deposit less all costs incurred
by the Township in connection with said permit. In no event shall
the permit fee be refunded.
This article shall relate to curb cuts, crossovers
or other means of access from abutting property to streets.
A.
All utility facilities shall be located sufficiently
ahead of trench excavation work to avoid damage to those facilities
and to permit their relocation, if necessary.
B.
Pipe drains, pipe culverts or other public and private
facilities encountered shall be protected by the applicant.
C.
Monuments of concrete, iron or other lasting material
set for the purpose of locating or preserving the lines of any street
or property, subdivision or a precise survey reference point or a
permanent survey bench mark within the Township shall not be removed
or disturbed or caused to be removed or disturbed unless permission
to do so is first obtained in writing from the Township Manager. Permission
shall be granted only upon condition that the applicant shall pay
all expenses incidental to the proper replacement of the monument.
D.
When work performed by the applicant interferes with
the established drainage system of any street, provision shall be
made by the applicant to provide proper drainage to the satisfaction
of the Township Manager.
E.
When a tile drain or other structure or facility is
encountered, it shall be replaced or restored by the applicant in
accordance with the prevailing standards of the Township.
F.
The permission herein granted does not relieve the
applicant from obtaining any consent otherwise required from the owner
or owners of the abutting property and does not confer upon the applicant
the right to cut, remove or destroy trees or shrubbery within the
legal limits of the highway except under such conditions, restrictions
and regulations as the Township may prescribe. If any trees are removed
within the limits of the highway by the consent to the property owner,
the stumps must be cut to the ground level or removed.
A.
Access to private driveways shall be provided except
during working hours when construction operations prohibit provision
of such access. Free access must be provided at all times to fire
hydrants.
B.
Excavated materials shall be laid compactly along
the side of the trench and kept as to cause as little inconvenience
as possible to public travel. In order to expedite the flow of traffic
or to abate a dirt or dust nuisance, the Township Manager may require
the applicant to provide toe boards or bins, and if the excavated
area is muddy and cause inconveniences to pedestrians, temporary wooden-plank
walks shall be installed by the applicant as directed by the Township
Manager. If the street is not wide enough to hold the excavated material
without using part of the adjacent sidewalk, the applicant shall keep
a passage at least 1/2 the sidewalk width open along such sidewalk
line.
All excavation work shall be done in such a
manner so as not to interfere with access to fire hydrants, firehouses,
manholes, valves and vital public properties, and no materials shall
be allowed to obstruct the flow of water in any gutter at any time.
All trenches and excavations shall conform to
the current regulations of the Department of Labor and Industry, Department
of Transportation, Commonwealth of Pennsylvania, or any amendments
thereto.
A.
Tunneling. Any public place that is to be tunneled
in connection with any work covered by this article shall be referred
to in the application and endorsed on the permit. The backfilling
shall be done in the presence of the Township Manager. It shall be
made with 1:3:5 damp concrete mix, thoroughly tamped in six-inch layers,
or according to a method satisfactory to the Township Engineer.
B.
Breaking through pavement.
(1)
Heavy-duty pavement breakers may be prohibited by
the Township Manager when their use endangers existing facilities.
(2)
Approved cutting of pavement surface ahead of excavations
shall be required by the Township Manager to confine pavement damage
to the limits of the trench.
(3)
Pavement edges shall be trimmed to a vertical face
and aligned with the center line of the trench.
(4)
Unstable pavement shall be removed over cave-ins and
over breaks, and the resulting subgrade shall be treated the same
as the main trench.
(5)
Sections of sidewalks shall be removed to the nearest
expansion joint or to the nearest score line.
C.
Backfilling excavations. All breaks or openings shall
be backfilled with 2RC modified stone, thoroughly compacted in layers
not exceeding 12 inches in depth, to within three inches of the surface.
Broken pavement, large stones, clods, roots and other debris shall
not be used in the backfill.
D.
Temporary paving. A temporary bituminous paving material
shall be immediately installed upon backfilling, thoroughly bound
and compacted, and installed flush with the surface of the adjacent
pavement and maintained at that level until permanent paving is installed.
E.
Permanent paving. Permanent paving shall be completed
by the applicant not less than 10 days and not more than 30 days after
the installation of the temporary paving. Permanent paving shall consist
of six inches (compacted thickness) of bituminous concrete base course
(BCBC) and 1 1/2 inches of compacted thickness of ID-2A wearing
course or other material as approved by the Township Manager. If within
one year after the permanent paving has been installed defects appear
therein, resulting from defective backfilling by the applicant, the
applicant shall repair the same, and if applicant fails to do so,
escrow funds shall be used. In the replacement or restoration of permanent
roadway surfaces, the applicant shall cut back the surface and supporting
base as far as may be deemed necessary by the Township Manager to
afford a good support upon firm earth or to remove any part of the
surface and base which may become damaged by reason of the said excavation.
Such restoration shall be to a width of at least six inches on both
sides of existing excavation. All joints shall be sealed with B.M.I.
gutter seal or other material as approved by the Township Manager.
F.
Curbs and gutters. When the surface of any improved
curb is broken for the purpose of constructing a driveway across the
same or cut for roof drains or any other purpose, the applicant shall
restore the surface of the curb by replacing the complete section.
In the alternative, roof drains may be installed by boring a four-inch
hole through the concrete curb.
G.
In no case shall any opening made by an applicant
be considered in the charge or care of the Township or any of its
officers or employees, and no officer or employee is authorized in
any way to take or assume any jurisdiction over any such opening,
except in the exercise of the police power when it is necessary to
protect life and property.
H.
The applicant shall restore the ground surface within
the limits of the work covered by the permit to a condition satisfactory
to the Township, unless otherwise provided in the permit, and shall
maintain it in such condition for a period of 12 months after completion
of the work and shall be released only after satisfactory report by
the Public Works Department, except where work of a similar character
shall be done during the same twelve-month period within or adjacent
to the limits of the work covered by this permit or affecting the
same by another applicant pursuant to a permit duly issued by the
Township Manager.
A.
Every driveway connecting with any public place in
the Township of Upper Gwynedd where there is no curb shall be so constructed
or altered that the surface drainage shall not be blocked or diverted
from the course of the gutter, and surface drainage from such driveway
shall flow into the gutter of said public place and not upon the roadbed
thereof. The applicant shall submit a driveway plan for approval by
the Township Manager.
(1)
Driveways to serve residential properties and commercial
properties, except as hereinafter provided, shall be constructed across
sidewalk areas at the grade of the actual sidewalk, as existing or
proposed, meeting the grade of the depressed curb. Curbs at driveways
shall be depressed to within 1 1/2 inches above the gutter. Driveways
to serve industrial properties and commercial properties, upon approval
of the Board of Commissioners, shall be a street-type entrance with
concrete curb radius corners.
(2)
The driveway apron between the edge of the concrete
sidewalk and the curb shall be of concrete eight inches in thickness
and shall not extend into the gutter area or beyond the face of the
curb.
(3)
No driveway shall exceed 35 feet in width at the curbline,
and no curbing shall be cut beyond the point of curve or tangent in
a radius corner.
(4)
Where two or more driveways are constructed for the
same property, a safety island shall be provided of not less than
10 feet at the curb.
(5)
No sidewalk shall be depressed nor sloped at driveways,
nor shall any special entrance be made except where approval has been
granted by the Board of Commissioners.
B.
Drains. No stormwater or roof drains shall be constructed
or maintained which discharge water over or upon any sidewalk or which
might cause undermining of the sidewalk, curb or road paving. Such
drains shall be constructed under the sidewalk, discharging directly
into the gutter, except where the outlet is adjacent to a storm drain
or inlet connection may be made thereto. Property owners shall keep
free of obstruction all such drains from within their property to
the point of discharge.
Applicant shall comply with all statutes and
resolutions passed by the Commonwealth of Pennsylvania and all township
ordinances and resolutions.
A.
The applicant shall pay all costs and expenses incidental
to the project, including the prescribed fees for the same and the
cost of making and maintaining temporary and permanent restoration
of the disturbed areas and, further, shall reimburse the Township
for any and all costs which the Township may deem it necessary to
incur. Said payments shall be made from escrow as provided by resolution
of the Board of Commissioners.
B.
As many inspections as may be deemed necessary of
all work authorized by a permit shall be made. The Township Manager
is empowered to provide a full-time inspector if necessary to ensure
compliance with the provisions of this article.
All equipment used on said projects shall be
equipped with rubber or flat metal pads so that no metal tracks, wheels
or pods (stabilizers) shall rest on or touch the street. In the event
that other than rubber-equipped machinery is used, the pavement shall
be protected by the use of heavy rubber or similar matting at least
two inches wider on each side than the equipment used.
All construction shall conform to the standard
specifications as may be adopted and modified and changed by the Board
of Commissioners.
A.
Whenever the Township Manager shall find that a default
has occurred in the performance of any term or condition of the permit,
written notice thereof shall be given to the applicant and, if applicable,
to the surety of the bond. Such notice shall state the work to be
done and the period of time deemed by the Township Manager to be reasonably
necessary for the completion of the work. After receipt of such notice,
the applicant and/or surety must, within the time therein specified,
cause the required work to be performed. Failure to complete this
work by the specified date will cause the imposition of the following:
B.
Violations and penalties.
[Amended 4-22-1985 by Ord. No. 85-6]
(1)
Any person or persons, firm or corporation who shall
violate any of the provisions of this article, upon conviction thereof,
shall be liable to pay a fine or penalty not to exceed $1,000 plus
costs of prosecution for each and every offense. All fines and penalties
imposed by this article are recoverable by summary proceedings before
the Magisterial District Judge, and all suits or actions at law instituted
for the recovery thereof are to be in the name and for the use of
Upper Gwynedd Township, against which the offenses are committed.
In default of payment of any fine or penalty imposed by any Magisterial
District Judge under the provisions of this article, the person or
persons so offending may be committed to the Montgomery County Prison
for a period not exceeding 30 days.
[Amended 11-23-1992 by Ord. No. 92-15[1]]
(2)
Each day a violation is committed shall constitute
a separate offense and shall be punishable as such hereunder.
(3)
This section shall not preclude the Township from
any other remedy it may have at law or equity.
C.
The applicant is to bear all costs of restoring and/or
completing the work should the Township be compelled to complete and/or
to rectify a situation which is or may become a threat to the health,
safety and well-being of the public.
