[Adopted 8-14-1957 by Ord. No. 423]
[Amended 8-8-2001 by Ord. No. 851]
It shall be unlawful for any person or persons,
firm, association or corporation to open or break the surface of the
ground within the boundaries of any public highway, road, street,
avenue, lane, alley, sidewalk or footpath, for the purpose of laying
pipes, sewers, drains or conduits of any description, or for making
connections therewith or repairs thereto; or for the setting or planting
of telegraph, telephone, electric light or other poles, or for repairs
thereto or renewals thereof or to break the surface of any improved
sidewalk or curb for the purpose of building any driveway across same
or occupying a portion of the highway, street or sidewalk for any
purpose, without first obtaining from the Township of Springfield
a permit therefor before such work is begun, and complying with the
other requirements herein specified.
[Amended 8-8-2001 by Ord. No. 851]
Before such permit and said work is begun, a
written application, on a form to be furnished for that purpose by
the Township of Springfield, must be filed with the Code Enforcement
Department a minimum of five days prior to the planned start of work,
setting forth the purpose for which said highway, road, street, avenue,
lane, alley, sidewalk or footpath is to be opened, excavated or occupied
and the location of said proposed work, and in such application the
applicant shall assume all liability for all or any damages to person
or property accruing to the public or to said Township which may or
might result from the opening, excavation or occupying of said highway,
road, street, avenue, lane, alley, sidewalk or footpath.
[Amended 8-8-2001 by Ord. No. 851]
Said application must be signed by a person,
firm, association or corporation who shall have filed with the Township
of Springfield a certificate of insurance showing that they maintain
property and bodily injury liability insurance of at least $1,000,000
combined and single limit per occurrence. The Township of Springfield
shall be named as an additional insured and be held harmless for the
acts of any permit holder.
Whenever the exigencies of public health or
safety require that instant repairs be made and the procurement of
a permit prior to the commencement of the work is impracticable, it
shall be lawful for the work to be begun without a permit, provided
that an application for said permit is filed and the proper fee paid
therefor within 48 hours from the time when the emergency arose, and
provided further that any person or persons, firm, association or
corporation beginning said work under the provisions of this section
shall do so subject to the conditions and obligations imposed by this
Article upon persons, firms, associations and corporations opening
or excavating highways, avenues or streets as though an application
for a permit had been filed.
[Amended 11-11-1970 by Ord. No. 600; 1-9-1980 by Ord. No.
692; 7-11-1984 by Ord. No. 725; 8-8-2001 by Ord. No. 851; 10-11-2006 by Ord. No. 879]
A.
Administrative and restoration fees. Before the issuance
of a permit, the applicant shall make payment to the Township of the
sums hereinafter mentioned:
(1)
For openings or excavations in any highway, road,
street, avenue, alley, sidewalk or footpath having an unimproved surface,
the sum of $10 per square yard or fraction thereof.
(2)
For openings or excavations in any highway, road,
street, avenue, or alley having an improved surface, the sum of $150
per square yard or fraction thereof.
(a)
If the disturbed area is to be restored by the
permit holder in accordance with approved Township specifications,
the sum of $20.
(3)
For openings or breaks in improved sidewalks or footpaths,
the sum of $100 per square yard or fraction thereof, and for breaking
the surface of any improved curb for the purpose of building any driveway
across the same or for any purpose, the sum of $10 for each section
of 10 linear feet or fraction thereof.
(a)
If the disturbed area is to be restored by the
permit holder in accordance with approved Township specifications,
the sum of $20.
(4)
For the erection, setting or planting of any pole,
the sum of $20 for each pole, except that, in the case of renewals,
the application must be made but no permit fee shall be charged.
(5)
The permit fee for occupying a portion of a highway,
avenue, street or sidewalk for any purpose shall be the sum of $50
for each week or fraction thereof. No permit for occupying a portion
of a highway shall be issued except with the approval of and upon
such terms and conditions as may be required by the Chief of Police
or his/her assigned designee. A permit shall not be issued if suitable
space is available outside of the right-of-way.
(a)
No such permits shall authorize the occupying
of more than 1/3 of the width of the roadway between curbs or 10 feet
in width, whichever is less, nor shall the occupied area exceed the
dimensions of the frontage of the premises about to be built upon
or repaired.
(b)
Provision shall be made by the applicant for
such a permit for maintaining at all times a clear and unobstructed
passage along the sidewalk, at least six feet in width, and a free
passage for water in the gutter.
(c)
No other obstruction shall at any time be placed
in the highway within 25 feet of any fire hydrant.
(d)
Obstructions occupying the highway shall be
removed prior to the expiration of the time for which the permit was
issued or for which it was renewed.
(e)
Loose materials such as, but not limited to,
mulch, stone, topsoil or leaves may not be deposited, stored or staged
within the highway, avenue or street unless secured within a suitable
container.
B.
Street degradation fees. For openings or breaks in
any improved surfaces, a street degradation fee shall be charged in
addition to any administrative and restoration fees required under
this section; and provided, further, that all base fees and additional
degradation fees shall be adjusted annually by the Philadelphia All-Urban
Consumer Price Index.
C.
No permit provided for under the provisions of this
section shall be issued until such time as the applicant has first
filed with the Township of Springfield a certificate showing that
they maintain property and bodily injury liability insurance of at
least $1,000,000 combined and single limit per occurrence.
A.
No permit shall be issued until the application has
been approved by the Township Engineer.
[Amended 8-8-2001 by Ord. No. 851]
B.
Once the application has been approved by the Township
Engineer, a permit shall be issued by the Township Code Enforcement
Department and shall not be operative for more than 30 days from the
date of issue. Permits may be renewed for a like period upon payment
of a renewal fee of $10.
[Amended 7-11-1984 by Ord. No. 725; 8-8-2001 by Ord. No.
851]
C.
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 police officer or properly authorized employee
of the Township, county or state.
[Amended 8-8-2001 by Ord. No. 851]
All measurements required to be made in applying
the above fees shall be made by the applicant and approved by the
Township. Any enlargements of openings which may be required to be
made as an incident of the repair of such paving or to restore the
same to its former condition shall be reported to the Township.
No highway, road, street, avenue, lane, alley,
sidewalk or footpath shall be tunneled, except where special written
permission therefor shall have been granted by the Township Engineer.
A.
All breaks or openings shall be refilled by the applicant
for the permit to the approval of the Department of Public Works by
replacing all the excavated materials in the opening without raising
the surface of the highway, road, street, avenue, lane, alley, sidewalk
or footpath, due allowance being made for the structure being placed
in the trench. All refilling must be done with Pennsylvania Department
of Transportation Specified 2A stone, thoroughly compacted by puddling
or hard tamping in uniform layers not exceeding six inches in depth,
and all surplus dirt must be removed from the job.
[Amended 5-14-1986 by Ord. No. 742]
B.
A temporary paving of materials, the top two inches
of which shall be new bituminous concrete, thoroughly bound and compacted,
shall be installed flush with the surface of the adjoining paving.
The applicant shall keep and maintain such paving in proper condition
until such time as the permanent paving is constructed. If the applicant
fails to install such paving within a reasonable time after the completion
of the improvements or fails to properly maintain such paving, the
Township shall perform the work and charge the costs thereof to the
applicant.
[Amended 8-8-2001 by Ord. No. 851]
C.
Permanent paving shall be constructed no later than
30 days after the installation of the temporary paving. If within
one year after the installation of the permanent paving, defects appear
therein, resulting from defective restoration by the applicant, the
applicant shall reimburse the Township for the cost of all necessary
repairs to the permanent paving.
[Amended 8-8-2001 by Ord. No. 851]
(1)
If the applicant opens pavement having an improved
surface, and the Township's wearing course is less than five years
old, the applicant shall, in addition to the restoration requirements
outlined in this article, overlay the pavement in accordance with
the following conditions:
(a)
When a longitudinal opening longer than 100
linear feet has been made in the pavement, the applicant shall overlay
the traffic lanes in which the opening was made, for the entire length
of highway that was opened, in a manner to be approved by the Township.
(b)
When two or more transverse openings have been
made within 100 linear feet of pavement, the applicant shall overlay
traffic lanes in which the openings were made, for the entire length
of highway between the openings, in a manner to be approved by the
Township.
(c)
When four or more openings have been made by
the same applicant within 100 linear feet of pavement, the applicant
shall overlay traffic lanes in which the openings were made, for the
entire length of highway between the openings, in a manner to be approved
by the Township.
(d)
If disturbed lanes adjacent to undisturbed lanes
are overlayed, the edge of the disturbed lane shall be saw cut or
milled to a depth of 1 1/2 inches or the depth of the existing
surface course, whichever is less, for the length of the opening to
insure a smooth joint, with proper elevation and cross section. A
full width overlay may be authorized on various roadways instead of
saw cutting or milling the disturbed lane.
(e)
If disturbed lanes adjacent to the shoulders
are overlayed, the shoulder shall be raised, with material and in
a manner approved by the Township for the type of existing shoulder,
so that the overlaid pavement and shoulder edges are at the same elevation.
(2)
Regardless of the age of the wearing course:
(a)
If more than 100 linear feet of longitudinal
or transverse openings, or both, are made in the pavement, the Township
reserves the right to require the applicant to overlay traffic lanes
in which the openings were made, for the entire length of highway
that was opened, if the Township Engineer determines that the rideability
or structural integrity of the pavement has been impaired by the openings.
(b)
If four or more openings are made by the same
permit holder within 100 linear feet of pavement, the Township reserves
the right to require the applicant to restore the entire disturbed
pavement between the openings by milling, planing or authorized method
and overlaying the entire disturbed pavement.
(3)
Aggregate used in bituminous overlay wearing course
shall comply with skid resistance level (SRC) criteria specified by
the Pennsylvania Department of Transportation.
(4)
If an opening is made in a bituminous concrete pavement
within three feet from the edge of pavement or other longitudinal
joint or opening, the surface restoration shall be extended to the
edge of pavement or other longitudinal joint or opening.
(5)
At each end of an overlay, the applicant shall install
a paving notch by milling, planing or other authorized method and
provide a minimum ten-foot transition.
(6)
The transition areas at each end of an overlay shall
follow the contour of the surrounding surface.
(7)
When pavement markings on more than 100 linear feet
of highways are covered or destroyed by the permitted work, including
overlays, they shall be replaced with temporary pavement markings,
before opening the disturbed pavement to traffic. When the pavement
surface is fully restored, permanent pavement markings that were covered
or destroyed shall be replaced by the applicant, in like kind, in
their former location.
(8)
Restored openings in the pavement or paved shoulder
shall be sealed with a suitable material in accordance with Township
specifications.
[Amended 8-8-2001 by Ord. No. 851]
All materials, openings, excavations or obstructions
created under such permits must be properly guarded at all times,
and from sunset to sunrise by illuminated barricades so placed as
to indicate, from the roadway or sidewalk in both directions, the
exact location and limits of said work or obstruction. Permit holders
are further required to provide work zone signage and traffic controls
in accordance with the Pennsylvania Department of Transportation Publication
No. 203, Work Zone Traffic Controls, as currently amended. If, in
the opinion of the Chief of Police or his/her assigned designee, the
life, safety and/or welfare of any individual is in jeopardy as a
result of any occupancy or work within the public right-of-way, the
Township of Springfield reserves the right to remove the obstruction
or to prohibit any work from occurring until such time as suitable
safety controls are in place.
[Amended 8-8-2001 by Ord. No. 851]
The filing of an application by a public service
utility corporation, and the issuance of a permit for laying of water
or gas pipe or conduit for electric wires or for the erection of an
electric light, telephone, cable television, or any other pole, shall
constitute an agreement on the part of the applicant that it will
at any time thereafter, upon notice from the Township of Springfield,
at its own expense, make such change in locating or construction of
such pipe, conduit or pole as may be required.
A.
All telegraph, telephone, trolley, electric light
and similar poles erected within the boundaries of any public highway,
road, street, avenue, lane or alley in the Township of Springfield,
shall be lettered or stenciled with the number of same. A complete
record, showing the location and number of each pole in the Township
of Springfield, shall be filed, by the owner or owners of said poles,
with the Township Secretary annually, on or before July 1.
B.
A license charge or tax of $0.25 per pole per annum
is hereby assessed on all poles erected in the Township of Springfield.
A.
Sidewalks, curbs and gutters shall not be placed or
replaced within the boundaries of any public highway, road, street,
avenue, lane or alley in the Township of Springfield without first
obtaining a permit for such purpose, which shall fully set forth in
written application and plans showing such purpose and assuming all
liability for all and any damage which might result from the performance
of such work; except where repairs to existing sidewalks, curbs or
gutters involve no change in line or grade and where no new stakes
for lines and grades are required to be set, there shall be no need
of any permit, but the Township shall be notified and the work inspected
by a Township Inspector.
[Amended 8-8-2001 by Ord. No. 851]
B.
Applicants shall be required to submit engineered
plans for review and approval by the Township Engineer, giving or
defining grades and lines for the placing or replacing of sidewalk,
curb or gutter within the boundaries of any public right-of-way.
[Amended 8-8-2001 by Ord. No. 851]
C.
The Township Engineer is hereby empowered to give
or define grades or lines for the placing or replacing of sidewalk,
curb and gutter within the boundaries of any public highway, road,
street, avenue, lane or alley within said Township, and no act on
the part of any other official or employee shall bind the Township
or make it liable therefor.
D.
No sidewalk, curb or gutter shall be placed or replaced
until such time as the agent performing the work has received written
approval from the Township authorizing the work to proceed.
[Amended 8-8-2001 by Ord. No. 851]
E.
Property owners and their contractors or agents shall
protect the public by proper guards and lights against any danger
or injury while the highway is open in the work of placing or replacing
sidewalk, curb and gutter or any matter pertaining thereto, including
the guarding against injury by materials that may be placed in the
highway for that purpose.
No permit fee paid under this article shall
be considered to be in lieu of any annual license fee now required
to be paid, or which may at any time be required to be paid by ordinance
of the Township of Springfield.
A.
It shall be unlawful for any person or persons to
erect, set up, place or maintain any gasoline pump, oil tank or other
obstructions, or to plant any trees, shrubbery or similar obstruction
within the boundaries of any public highway, road, street, avenue,
lane, alley, sidewalk or footpath in the Township of Springfield.
C.
Any such obstruction shall be removed promptly by
the property owner whenever written notice to remove such obstruction
is given by the Code Enforcement Officer. If the owner fails to comply
with such notice, the Township shall remove the obstruction and charge
the cost thereof to the owner.
[Amended 8-8-2001 by Ord. No. 851]
Every lane and entrance road connecting with
any public highway, street, road or avenue of the Township of Springfield
shall be so constructed or altered that the water and surface drainage
shall not be blocked or diverted from the course of the gutter, and
that the surface drainage from such lane or entrance road shall flow
into the gutter of said public highway, road, street or avenue and
not upon the roadbed thereof.
It shall be unlawful for all persons owning
or occupying property along any public highway, road, street, avenue,
lane or alley in the Township of Springfield to drain or allow the
flow into or upon any highway, road, street, avenue, lane or alley,
by pipes or any other channel, either natural or artificial, any water
or drainage from sinks, bathtubs, washstands, lavatories, water closets,
swimming pools, privies, cesspools or fish ponds of any kind or nature
whatsoever, or any other foul or offensive water or drainage of any
kind, or to allow any such water or drainage to percolate into or
upon said highway, road, street, avenue, lane or alley.
A.
No paper, trash, rubbish, ashes, junk, waste or discarded
materials of any kind shall be thrown, deposited or dumped in any
ravine, ditch or gutter, or any highway, road, street, avenue, lane,
alley, sidewalk or footpath in the Township of Springfield, nor in
any public place or private property, vacant or occupied, within the
limits of said Township.
B.
No leaves, grass, weeds, hedges or tree trimmings
shall be burned within the boundaries of any public highway, nor shall
any fire be made which will cause damage to the highway or street
paving.
C.
Nothing in this article shall be construed to prohibit
municipal dumps maintained by the Township of Springfield or a reasonable
accumulation of rubbish on private property by the owner thereof;
provided, however, that such rubbish shall be kept in watertight containers
and in a manner so as to not harm the health, safety or welfare of
any being.
[Amended 6-14-1961 by Ord. No. 474; 8-8-2001 by Ord. No.
851]
[Added 4-14-1976 by Ord. No. 651; amended 8-8-2001 by Ord. No.
851]
It shall be unlawful for any person, firm, association
or corporation to close or open any highway, road, street, avenue,
lane or alley in the Township of Springfield unless and until written
authorization has been obtained from the Chief of Police or his/her
assigned designee. Applications for such closings are available in
the Code Enforcement Department and Police Department.
[Amended 8-8-2001 by Ord. No. 851]
Standard specifications for highway improvements
shall be designated and approved by the Township Engineer.
A.
Any owner, person, firm, association or corporation
who shall violate any of the provisions of this article or who shall
fail to comply with the conditions or requirements of any permit granted
in accordance with the provisions of this article shall, upon conviction
thereof, be liable to pay a fine or penalty of not more than $1,000
for each and every offense. A new and separate offense shall be deemed
to have been committed for each day that said violation exists.
[Amended 7-13-1988 by Ord. No. 756]
B.
All fines and penalties imposed by this article are
recoverable by summary proceedings before any District Justice for
the Township of Springfield, and all suits or actions at law instituted
for the recovery thereof are to be in the name and for the use of
the Township of Springfield, against which the offense is committed,
and, upon recovery thereof, all such fines and penalties are to be
paid into the treasury of the Township.
