[Adopted 6-10-1985 as Art. 901 of the 1985 Code of Ordinances]
[Amended 9-22-2014 by Ord. No. 2014-08]
A. 
The following words, terms and phrases, as used in this chapter, shall have the meanings given herein, except where the context in which the word or phrase is used clearly indicates otherwise. When not inconsistent with the context, words used in the singular include the plural and words in the plural shall include the singular, and words used in the present tense include the future. The word "shall" is mandatory.
B. 
As used in this chapter, the following terms shall have the meanings indicated:
APPLICANT
Any person applying for a permit or to whom a permit may be issued.
CARTWAY
That portion of a street or alley which is improved, designed or intended for vehicular use.
CLEARED AND/OR TREATED PORTION OF A PUBLIC STREET OR ROAD
That portion of a public street or road which has been plowed or otherwise cleared of snow or which has been treated with deicing or antiskid material.
CLEAR ZONE
A 1 1/2-foot-wide area behind any curb face within the Township right-of-way.
ENTITY
Any organization of people, other than an individual person, whether in the form of a partnership, joint venture, association, corporation (whether for or not for profit) or otherwise.
EXCAVATION or EXCAVATIONS
The digging of any trench or excavating through or under the roadway or sidewalk or the cutting into or opening or removal of any of the pavement surfaces of any street, highway, alley or thoroughfare within the limits of the Township.
ICE
Frozen water, whether as a result of precipitation or otherwise.
OBSTRUCTIONS
Any temporary objects sited within the public right-of-way, including, but not limited to, portable basketball goals, and excluding leaves that are placed in the public right-of-way in compliance with Township leaf collection program procedures.
OWNER
The real or equitable owner of property abutting sidewalks or streets, as in this chapter are defined.
PERSON
A natural person, as well as a firm, partnership, association or corporation.
PROJECTING OBSTRUCTIONS
Anything sited within the public right-of-way that projects into the Township cartway or over Township sidewalks and does not clear the sidewalk by eight feet or the public cartway by 14 feet.
PROPERTY OWNER
Any person or persons, male or female, corporation, partnership, association, company, individual, owner, occupant, lessee, tenant or organization.
PUBLIC STREET OR ROAD
Any street or road within the territorial limits of the Township as maintained by the Township or the commonwealth.
RIGHT-OF-WAY
A strip of land acquired by reservation, dedication, forced dedication, prescription or condemnation and intended to be occupied or occupied by a road, sidewalk, railroad, oil or gas pipeline, water line, sanitary or storm sewer, electric transmission lines, bus shelters, with or without advertising signs as where the Board of Commissioners granted a franchise with respect thereto, and other similar uses; generally, the right of one to pass over the property of another.
SIDEWALK
Any space located between the curbline or the lateral line of a cartway of a street or highway and the adjacent property line or right-of-way line of a street or highway, intended for use by pedestrians, whether improved or unimproved.
SNOW
Natural frozen precipitation.
SNOW OR BAD WEATHER PARKING EMERGENCY
A state of condition(s) which may include whenever snow falls during any period of 12 hours or less to an accumulative depth of three inches or more, or at any other such time at the discretion of the Township Manager or his designee.
STREET
Any highway within the Township, when maintained by either the Commonwealth of Pennsylvania or the Township.
TENANT
The occupant, lessee, tenant or person having charge of any building, lot or parcel of ground abutting the sidewalk or street, as is defined in this chapter.
TOWNSHIP
The elected officials of Lower Allen Township or any authorized representative, agency or agencies of the Township appointed by the Board of Commissioners of the Township.
TOWNSHIP MANAGER
The Township Manager appointed by the Board of Commissioners.
UNAPPROVED STRUCTURE
Anything constructed and sited within the clear zone of the public right-of-way, excluding mailboxes that are mounted on breakaway posts, and anything constructed and sited in the portion of the public right-of-way that is used for or reserved for a sidewalk.
VEHICLE
Any device in, upon or by which any person and/or property is or may be transported or drawn upon a street, or trailer or semitrailer, except devices used exclusively upon rails or tracks.
No person shall make or cause to be made any excavation of any nature whatsoever in any street, highway, alley or thoroughfare within the limits of the Township without first securing a permit granting authority therefor as hereinafter provided.
Any application for the issuance of an excavation permit shall be filed in the office of the Township Manager or his designee, upon forms furnished by the Township for that purpose, and shall be signed by the applicant. Such application shall set forth the location and purpose of the proposed excavation, the dates between which such excavation is to be opened, the length, width and depth of the trench, the area of the roadway surfaces to be removed, the date on which all work will be completed and the names of all persons interested in or to be benefited by the work to be done.
[Amended 10-13-1986 by Ord. No. 86-9]
Before issuance of an excavation permit, the Township Manager or his designee shall collect from the applicant and the applicant shall deposit with the Township Manager or his designee an estimated amount of money required to backfill and repave or otherwise restore the street, highway, alley or thoroughfare, a permit issuance fee and permit inspection fees, which fees and amounts shall be determined from time to time by resolutions of the Board of Commissioners.
[Amended 11-10-1997 by Ord. No. 97-16]
Upon an application for the issuance of an excavation permit being approved by the Township Manager or his designee and the deposit by the applicant with the Township Manager or his designee, the deposit determined in accordance with the provisions of § 187-4, there shall be issued to the applicant a permit granting authority to make the excavations specified in the application. This permit shall at all times be in the possession of a competent person actually on the work and shall be shown at all times to any police officer or properly authorized officer or employee of the Township upon demand. The Township Manager or his designee shall have the right to refuse to permit an excavation during the period from November 15 to March 15, unless directed by the Board of Commissioners to grant such permit. All permits are subject to revocation at any time by the Township Manager or his designee or by the Board of Commissioners in the event of failure of the holder of such permit to comply with any of the conditions upon which the permit has been granted; such conditions, however, shall be in accordance with the provisions of this article. All permits shall be invalid and expire on the date set forth therein. An extension of time beyond such date shall be granted on payment of an additional fee per day as set forth from time to time by resolution of the Board of Commissioners.
By acceptance of the excavation permit, the applicant agrees to pay the entire cost and expense incurred in the replacement of the excavation and agrees to protect, defend, indemnify and save harmless the Township and the officers, agents, servants or employees thereof from all claims, suits, actions and proceedings of every nature and description which may be brought against the Township, officers, agents, servants or employees thereof or for any injuries or damage to persons or public or private property due to any materials or appliances used in the work or by or on account of improper materials or workmanship or for or on account of any accident or any other act, negligence or omission of such applicant or his agents servants or employees, and the Township, the officers, agents, servants or employees thereof shall not in any way be liable therefor. The applicant agrees to safeguard and maintain in good order the excavation until such time as the Township may restore the street surface, and the applicant further agrees to abide by all the terms and conditions of this article whether specifically mentioned in the application or not. The grant of a permit by the Township 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 street, highway, alley or thoroughfare except under such conditions, restrictions and regulations as the permit may specifically prescribe.
No part of a trench or excavation shall be tunneled or undermined so as to leave the surface undisturbed, but all materials shall be removed to the full length, width and depth of the excavation, except in such cases as may be approved by the Township Manager or his designee. The charges for the permit, however, shall be the same as if the surface had been removed.
The applicant, during the progress of the excavation work, shall provide and maintain such fences, barriers, "street closed" or "danger" signs, red lights and watchmen as may be necessary to prevent avoidable accidents to the public and adjoining property owners. The convenience of the public and temporary approaches to and crossings of intersecting streets shall be provided for and kept in good condition when practicable. The sidewalks or portions of the street adjoining the work or its vicinity shall not be littered or obstructed more than necessary, and the drainage gutters and inlets to the stormwater sewers shall at all times be kept clean and unobstructed. Plates or bridging may be required on all openings made within the improved surface which have a shortest dimension in length or width of six feet or less whenever work cannot be completed within the same day, during peak traffic hours. The plate or bridging is to be extended a minimum of 18 inches on either side of the opening and tied into the existing cartway.[1]
[1]
Editor's Note: Original Section 901.09, Notification to officials, which immediately followed this section, was repealed 11-10-1997 by Ord. No. 97-16.
The Township Manager or his designee or his duly authorized representative shall have authority to regulate the excavation and shall have authority to see that the excavation is filled and closed as required by this article.
A. 
Excavations shall be by open cut from the surface, and no tunneling or drifting shall be permitted except by permission as required by § 187-7 and so noted on the permit. Where there is an asphalt or macadam surface, the surface shall be cut with a jackhammer or a saw to the width of one foot on either side of the maximum trench width. The amount of trench opened shall at all times be subject to the decision of the Township Manager or his designee. No trench or excavation shall be undercut or have a greater width at the bottom than at the top. In case of slips or slides of the sides of the excavation, the same shall be trimmed to solid earth and the top surface cut back to the limit of the same before any backfilling is commenced. When necessary or required, the sides of a trench shall be sheathed and braced and rendered secure until the construction has been laid therein and the trench refilled.
B. 
Care shall be taken not to move or disturb other subsurface structures, and in crossing these or running parallel with or near them, they shall be securely hung, braced and supported in place until the work is completed. The applicant shall maintain their respective services and shall repair all damages done to any of such structures.
C. 
In rock excavation, all drilling and blasting shall be conducted with the greatest possible care and all possible precautions taken to guard against accidents, and if the applicant is required to use certain blasting operations in the excavation, the applicant shall agree to make, execute and deliver to the Township a bond in the sum stipulated by the Township Manager or his designee, with surety in the form approved by the Township Manager or his designee, conditioned that the applicant will save harmless the Township from any damage whatsoever to its subgrade, special subgrade, subbase, drainage facilities, road material and any other installations or matters in, under or upon the highway right-of-way for a period from the date of the completion of the last work covered by the permit.
A. 
The person making or causing to be made the excavation shall retain suitable material from the excavated trench to provide insulation around and over subsurface structures, including but not limited to pipes or conduits, not to exceed 12 inches over the same, and it shall be compacted in four-inch layers. This excavated material shall be stored at the side of the excavation in such a manner that there will be no interference with the flow of water in any gutter, drain, pipe, culvert or ditch. The remaining excavated material shall be removed from the site. Completion of the backfill and restoration of the base and surface course shall be performed by the Township Highway Department, but the Township may, at its option, require the applicant to backfill and restore the base and surface course at the sole cost and expense of the applicant in accordance with the following requirements:
(1) 
Surface replaced five years or less prior to permit application.
(a) 
Suitable material from the excavated trench must be retained to provide insulation around and over the utilities, if any, to a height not to exceed 12 inches over the top of the pipe, conduit, etc. This material shall be compacted in four-inch layers. This material shall be placed or stored on the side of the operation farthest from the road pavement, unless otherwise authorized in the permit, and in such manner that there will be no interference with the flow of water in any gutter, drain, pipe, culvert, ditch or waterway. The remaining excavated material must be removed from the site. The trench must then be backfilled with 2A modified limestone compacted in layers not to exceed four inches, using the mechanical tamper up to within four inches of the finished grade. The 2A modified limestone must meet the requirements of Section 703.3(D), Form 408, as specified in the latest revision of the specifications issued by the Pennsylvania Department of Transportation.
(b) 
The surface course shall be replaced in accordance with the depths of existing bituminous surface, but in no case shall the wearing course be less than four inches of ID-2A. The edges shall be sealed with two applications of E-8 emulsion. An additional one foot on each side of the trench must be sawed or cut in a neat straight line prior to replacing the bituminous surface and the base course as specified above.
(2) 
Surface replaced in excess of five years prior to application for permit.
(a) 
The method of trench backfilling shall be in accordance with the requirements as set forth in Subsection A(1) hereof.
(b) 
The base course and binder and surface course shall be replaced in accordance with the requirements as set forth in Subsection A(1) hereof. Where the applicant backfills and restores the base and surface course, the applicant shall be responsible for any failure of the highway surface during a period of two years following completion of the permanent restoration work. The Township may require, in its discretion, that the applicant furnish a bond, conditioned that the applicant shall complete and maintain the work in accordance with the terms of this article, sufficient in amount to cover the cost of the required improvements, as estimated by the Township Engineer.
B. 
In the case of an improved street or alley, fill shall be replaced in excavation in eight-inch layers and tamped with an approved gasoline or mechanical tamper, and a suitable top of ballast and fine stone shall be placed on the excavation to a minimum depth of 10 inches.
C. 
Excavation in grassed areas of street rights-of-way shall be backfilled with excavated material, compacted in eight-inch lifts. Excavated sod shall be removed and preserved for replacement after excavation. If the excavated sod is destroyed, new sod shall be replaced over excavation.
D. 
Backfill operations shall be done in the presence of the Township Manager or his designee.
In no case shall an applicant open or remove a greater area of surface and in no other location than specified in the original application. However, if, at the time of actually doing the work, it is necessary to open or remove a greater area of surface than originally applied for, the applicant shall first notify and secure, by telephone or otherwise, the consent of the Township Manager or his designee to do so, upon the express condition that the applicant, before 12:00 noon of the following business day, files a supplemental application for the making of an additional excavation.
Before the backfilling of any excavation, the Township Manager or his designee shall verify the actual area of the excavation. If actual area of the excavation exceeds the area of the excavation set forth in the application for a permit and the amount required to backfill and restore the street determined in accordance with the schedule of charges per square yard set forth in § 187-4 exceeds the amount deposited by the applicant, then the excess shall be charged to the applicant. Where the completion of the backfilling and restoration of the base and surface course is to be performed by the Township Highway Department, the Township Highway Department, as soon as practicable to do so, shall permanently backfill, replace and restore the pavement surface in such manner and with like material existing in the roadway previous to the making of the excavation and shall determine and charge the cost of backfilling and restoring of the base and surface course to the applicant, together with any other charges to the applicant authorized by this article. The Township shall retain a like amount of all sums deposited by the applicant for the permit. The Township shall refund to the applicant the difference where the amount deposited exceeds the cost and expense determined by the Township for the backfill and restoration of the pavement and surface area and any other costs or expenses chargeable to the applicant under the terms and provisions of this article or where the applicant, when required, performs the backfilling and restoration of the base and surface course; and where the completion of the backfill and restoration of the base and surface course is performed by the Township Highway Department and it is determined that the cost and expense of the backfilling and restoration of the base and surface course and any other costs and expenses chargeable to the applicant under the provisions of this article exceed the amount so deposited, then the excess shall be charged to the applicant. The sum due the Township shall be paid within 30 days from the date of rendering a statement to the applicant, and no permit shall be issued to any applicant until all accounts due the Township on previous permits granted to the applicant and owing by the applicant shall have been paid. Notwithstanding any provision herein set forth to the contrary, 15% of the total cost and expenses for all street excavations shall be retained by the Township for inspection and supervision.
[Amended 11-9-1998 by Ord. No. 98-12]
In case of an emergency arising at night, Sundays, legal holidays or at such times as the office of the Township Manager or his designee is closed and an immediate excavation may be necessary for the protection of public or private property, the same shall be reported to the Police Department, which shall immediately notify the Township Manager or his designee of the excavation. The person granting permission to make the emergency excavation shall make application for said excavation to the Township Manager or his designee on or before 12:00 noon of the next business day.
The Board of Commissioners reserves the right to place an inspector on any and all excavations it deems necessary in order to ensure good workmanship, and the actual expense of such inspection shall be charged to the applicant.
No excavation in any street, highway, alley or thoroughfare shall extend from the curbline into the highway a distance greater than one foot beyond the center line of the street, highway, alley or thoroughfare before being backfilled and the surface of the highway restored to a condition safe and convenient for travel. No more than 500 feet longitudinally shall be opened in any street at any one time, unless written permission has been granted by the Board of Commissioners or the Township Manager or his designee.
If the excavation is not performed promptly or shall be unskillfully or improperly or incompletely done, the Board of Commissioners may cause the same to be done in a manner it deems proper, and the expense thereof, including any overhead expense, shall be charged to the applicant, together with 15% additional as a penalty.
No deposit shall be required and no charge shall be made for an excavation made under permits issued for the construction or repair of sidewalks, curbing or gutters nor for a contract executed by the Township, but in all other cases, proper application shall be made and permits secured as herein provided.
[1]
Editor's Note: Former § 187-19, Violations and penalties, as amended, was repealed 9-22-2014 by Ord. No. 2014-08. See now § 187-67.