[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.
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.
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.
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.