[Adopted 5-11-1989 by Ord. No. 1989-4]
A.
PERSON
STREET
The following words, when used in this article, shall
have the meanings ascribed to them in this section, except in those
instances where the context clearly indicates otherwise:
Includes any natural person, partnership, firm, association
or corporation.
Any public street, avenue, road, square, alley, highway or
other public place located in the Township of Washington and established
for the use of vehicles.
B.
In this article, the singular shall include the plural,
and the masculine shall include the feminine and the neuter.
It shall be unlawful for any person to open
or to make any excavation of any kind in any of the streets in the
Township of Washington without first securing a permit therefor, as
hereinafter provided.
Any person who shall desire to make any opening
or excavation in any of the streets in the Township of Washington
shall make application to the Township Secretary, in writing, for
that purpose. Such application shall be made upon forms to be furnished
by the Township and shall set forth the name of the applicant, the
exact location of the proposed opening or excavation and the approximate
size and depth thereof and shall contain an agreement on the part
of the applicant that the work shall be done in full compliance with
the ordinances of the Township and the laws of the commonwealth in
relation thereto and that the applicant shall well and truly save,
defend and keep harmless the Township from and indemnify it against
any and all actions, suits, demands, payments, costs and charges for
or by reason of the proposed opening or excavation and all damages
to persons or property resulting in any manner therefrom or occurring
in the prosecution of the work connected therewith or from any other
matter, cause or thing relating thereto. In addition, the applicant
shall submit a sketch, with dimensions, that indicates the location
of the proposed excavation, the street in question, any right-of-way
lines and the closest intersecting street.
The fees for excavation permits and all other
activities described herein which require payment of fees shall be
as established from time to time by resolution of the Board of Supervisors.
Work for which a permit has been issued shall
commence within 10 days after the issuance of the permit therefor.
If not so commenced, the permit shall be automatically terminated
unless the applicant applies to the Township Roadmaster for an extension
of time within which to commence work. If such an extension is granted,
the original permit shall remain in force for the period of time specified
in the extension. Permits which terminate may be renewed only upon
the payment of an additional permit fee as originally required.
Permits are not transferable from one person
to another, and the work shall not be made in any place other than
the location specifically designated in the permit.
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 Roadmaster a request for an extension
of time, setting forth therein the reasons for the requested extension.
If, in the opinion of the Township Roadmaster, 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 Roadmaster,
after notice to the applicant, for:
(1)
Violation of any condition of the permit or of any
provision of this article.
(2)
Violation of any provision of any other applicable
ordinance or law relating to the work.
(3)
Existence of any condition or the doing of any act
constituting or creating as nuisance or endangering life or property.
B.
An applicant shall be granted a period of three days
from the date of the notice to correct the violation and to proceed
with the diligent prosecution of the work authorized by the permit
before said permit is revoked.
C.
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 person to be notified.
D.
When any permit has been revoked and the work authorized
by the permit has not been completed, the Township Roadmaster shall
do or shall authorize to have done such work as may be 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 deposit or bond the applicant has made
or filed with the Township.
Any person who shall open or excavate any improved
street in the Township shall thoroughly and completely refill the
opening or excavation, puddling and ramming so as to prevent any settling
thereafter, and shall restore the surface to the same condition as
it was before the opening or excavation, and such restoration shall
be in accordance with the specifications of the Department of Transportation
of the Commonwealth of Pennsylvania, which are hereby adopted as specifications
of the Township for restoration of surfaces of streets in the Township.
As restored, the surface shall conform to the proper grade and be
of the same surface covering as part of the thoroughfare immediately
adjoining the opening. If, within two years after the restoration
of the surface as herein provided, defects shall appear therein resulting
from defective backfilling by the applicant, the applicant shall reimburse
the Township for the cost of all necessary repairs to the permanent
paving.
All other work in connection with openings in
any street, including excavation, protection, refilling and temporary
paving, shall be done by the applicant at his expense, and all such
work shall be subject to the provisions of this article and to the
supervision and approval of the Township Roadmaster, provided that
the Township Roadmaster may require that the cutting of the surface
of improved streets and the backfilling of all excavations therein
shall be done by the Township and that the charge therefor shall be
paid by the applicant on the basis of actual cost of the work plus
20%.
A.
No opening or excavation in any street shall extend
from the curbline into the highway a distance greater than one foot
beyond the center line of the street before being refilled and the
surface of the highway restored to a condition safe and convenient
for travel.
B.
No more than 500 feet longitudinally shall be opened
in any street at any one time.
C.
The work of excavation shall be so conducted as not
to interfere with the water mains, sewers or their connections with
the houses or any other subsurface lines or constructions until permission
of the proper authorities in connection with such subsurface lines
or constructions shall have been obtained.
D.
No tunneling shall be allowed without the express
approval of the Township Roadmaster and permission therefor endorsed
upon the permit. The backfilling of a tunnel excavation shall be made
only in the presence of the Township Roadmaster or an inspector designated
by him and shall be done only in a method approved by him.
E.
All openings or excavations shall be backfilled promptly
with suitable materials and thoroughly compacted in layers, each of
which shall not exceed six inches in depth. On improved streets, the
backfilling shall be placed to within 10 inches of the surface.
F.
On improved streets, a temporary paving of suitable
stony materials, thoroughly bound and compacted, shall be installed
flush with the surface of the adjoining paving.
G.
During the making of any excavation in any street,
every necessary and reasonable precaution shall be taken by the applicant
and the parties making the same to keep the street in a safe and passable
condition both day and night by guards, barriers, lanterns and other
devices, and all excavating permits are granted under and subject
to the express condition that the person to whom the same is issued
shall indemnify and save and keep harmless the Township from any loss
in damages, or otherwise whatsoever, which may or shall be occasioned
at any time by said excavation or by any leak, explosion or other
injury from any pipe, apparatus, conduit or any other matter placed
in said excavation. Whenever any person fails to provide or maintain
the safety devices herein required, such devices shall be installed
and maintained by the Township. The amount of the cost incurred shall
be paid by the applicant. No person shall willfully move, remove,
injure, destroy or extinguish any barrier, warning light, sign or
notice erected, placed or posted in accordance with the provisions
of this article.
H.
The applicant shall notify the Township Roadmaster
when the opening or excavation is ready for backfilling before any
backfilling is done and when the work is completed by proper backfilling
in the case of unimproved streets and by temporary paving in the case
of improved streets.
I.
In the event that any work performed by or for a permit
holder shall, in the opinion of the Township Roadmaster, be unsatisfactory
and the same shall not be corrected in accordance with his instructions
within the time fixed by him, or in the event that the work for which
the permit was granted is not completed within the time fixed by the
Township Roadmaster, the Township may proceed to correct such unsatisfactory
work or complete any such work not completed and charge the cost thereof,
plus 20%, to the applicant.
J.
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 Roadmaster. Permission
shall be granted only upon the condition that the applicant shall
pay all expenses incident to the proper replacement of the monument.
K.
When the 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 Roadmaster.
L.
When any earth, gravel or other excavated material
is caused to roll, flow or wash upon any street, the applicant shall
cause the same to be removed from the street within 24 hours after
deposit. In the event that earth, gravel or other excavated material
so deposited is not removed, the Township Roadmaster shall cause such
removal, and the cost incurred shall be paid by the applicant or deducted
from his deposit.
M.
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.
N.
Excavated material shall be laid compactly along the
side of the trench and kept trimmed up so 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 Roadmaster may require
the applicant to provide toe boards or bins; and if the excavated
area is muddy and causes inconveniences to pedestrians, temporary
wooden plank walks shall be installed by the applicant as directed
by the Township Roadmaster. If the street is not wide enough to hold
the excavated material without using part of the adjacent sidewalk,
the applicant shall keep a passageway at least 1/2 of the sidewalk
width open along such sidewalk line.
O.
Work authorized by a permit shall be performed between
the hours of 7:00 a.m. and 7:00 p.m., Monday through Saturday, unless
the applicant obtains written consent from the Township Roadmaster
to do the work at an earlier or later hour. Such permission shall
be granted only in the case of an emergency or in the event that the
work authorized by the permit is to be performed in traffic-congested
areas.
P.
In granting any permit, the Township Roadmaster 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 cleaning of streets, the prevention
of noise and other results offensive or injurious to the neighborhood,
the general public or any portion thereof.
(6)
Regulations as to the use of streets in the course
of the work.
Q.
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; provided, however, that the Township shall
assume charge if and when it makes the final restoration.
R.
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 Township Secretary shall notify the affected property
owners and/or tenants of the proposed work to be done.
S.
If the work to be undertaken by an applicant will
affect other subsurface installations in the vicinity of the proposed
opening, the Township Secretary shall notify the owners of such facilities
of the proposed work.
T.
The Township Secretary shall notify, in writing, the
Police Department assuming jurisdiction over the Township and the
Fire Departments of all street-opening permits to be granted. Such
notification shall state the nature of the work to be done, the proposed
beginning and completion dates and the location of such projects.
In the case of any leak, explosion or other
accident in any subsurface pipe, line, construction or apparatus,
it shall be lawful for the person owning or responsible for such pipe,
line, construction or apparatus to commence an excavation to remedy
such condition before securing a permit, provided that application
for a permit shall be made immediately and not later than the next
business day thereafter and that all other provisions of this article
are fully complied with. If any such emergency condition shall not
be immediately attended to by the owner or person responsible for
such pipe, line, construction or apparatus, the Township Roadmaster,
after such notice as he shall deem necessary under the circumstances
of the particular case, shall proceed to do the work necessary and
required by such emergency and charge the same on the basis of cost
plus 20% to such owner or person.
The Township Secretary shall give timely notice
to all persons owning property abutting on any street within the Township
about to be paved or improved and to all public utility companies
operating in the Township, and all such persons and utility companies
shall make all water, gas or sewer connections, as well as any repairs
thereto which would necessitate excavation of said street, within
30 days from the giving of such notice, unless such time is extended,
in writing, for cause shown by the Township Roadmaster. New paving
shall not be opened for a period of five years after completion thereof,
except in case of emergency, the existence of which emergency and
the necessity for the opening of such paving to be determined by the
Township Roadmaster. If it is sought to excavate upon or open a street
within five years after the completion of the paving thereof for any
reason other than an emergency as above stated, the applicant shall
make written application to the Township Roadmaster, and a permit
for such opening shall only be issued after express approval of the
Township Roadmaster.
No new water or gas main shall hereafter be
laid or constructed and no existing water or gas main shall be extended
in any of the streets of the Township until the exact location thereto
and the plan therefor shall have been first approved by the Township
Roadmaster.
Payment for all work done by the Township under
the provisions hereof shall be made by the person made liable therefor
under the provisions hereof within 30 days after a bill therefor is
sent to such person by the Township. Upon failure to pay such charges
within such time, the same shall be collectible by the Township in
the manner provided by law for the collection of municipal claims.
[Amended 7-11-1996 by Ord. No. 1996-4]
Any person who shall violate or fail to comply
with any of the provisions of this article shall be subject to a civil
fine not exceeding $600. The Township Roadmaster, or any other Township
representative authorized by the Board of Supervisors, shall determine
in each instance whether a violation of this article has occurred
and, if so, the amount of the civil fine to be imposed upon the violator.
Notice of the civil fine shall be served upon the violator by certified
mail, return receipt requested, or by personal delivery by a Township
representative. Should the violator not pay the civil fine within
20 days of the date of service, the Township Roadmaster or other duly
designated Township representative shall file a civil enforcement
proceeding with the District Justice having jurisdiction to recover
the civil fine, court costs and reasonable attorney fees incurred
by the Township as a result of the violation. No judgment shall be
imposed until the date of the determination of a violation by the
District Justice. If the violator neither pays nor timely appeals
the judgment, the Township may enforce the judgment pursuant to the
applicable Rules of Civil Procedure. Each day that a violation continues
shall constitute a separate offense.
The provisions of this article shall not apply
to the laying of sidewalks, curbs or driveways or to the planting
of poles.
