The following words and terms, as used in this article, shall
have the following meanings:
FACILITY or FACILITIES
Any tangible asset in the right-of-way required to provide
utility service or passage along or through the right-of-way.
PERSON
Any individual, firm, corporation, association or partnership.
STREET
Includes the entire right-of-way of a public street, public
highway, public alley, public way, public road or public easement
within the Township.
No street shall be tunneled nor shall any cement-concrete road
be opened or broken except with the approval of and upon such terms
and conditions as may be imposed by the Engineer. In no case shall
a permit area or any part thereof be closed to traffic without the
written consent of the Township Engineer.
No permit granted under this article shall be valid unless the
operation specified therein shall be begun within a period of 30 days
from the date of its issuance, but a renewal thereof may be had without
further payment by filing a new application as prescribed in preceding
sections of this article, together with a statement in writing that
the work has not been begun.
[Amended 9-13-2021 by Ord. No. 2937-2021]
A. All work commenced in pursuance of said permits shall be prosecuted
without interruption to the completion thereof, and said openings
or excavations shall be immediately refilled by the parties making
the same or by the holder of the permit with suitable materials thoroughly
compacted by tamping or puddling.
B. Sidewalks and curbs shall be replaced and restored to their former
condition by the parties making the excavations or by the holder of
the permit.
C. Whenever, in connection with any work covered by this article, a
tunnel is to be made under an improved surface, this fact shall be
disclosed in the application. Before a tunnel is excavated, specific
approval must be obtained from the Township and endorsed upon the
permit. The backfilling of the excavation shall not be done except
in the presence of a special Township inspector. It shall be made
with a damp concrete mix of 1:4:8, thoroughly tamped in six-inch layers
or according to a similar method approved by the Township Engineer.
D. Backfilling excavations. All openings or excavations shall be backfilled
promptly with suitable materials such as 2A or 3A modified stone thoroughly
compacted in layers, each of which shall not exceed 12 inches in depth,
and tamped to within three inches of the surface or puddled, where
required. Excavated material shall not be used for backfill.
E. A temporary paving of three inches of compacted asphaltic concrete
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 installed. If the applicant
fails to install such temporary paving within a reasonable time after
completion of the improvement or fails to properly maintain such paving,
the Township shall perform the work and charge the cost thereof to
the applicant.
F. Permanent pavement restoration to bituminous concrete roadways shall
be performed by the permittee within 30 days and after completion
of the initial work. An eight-inch-thick bituminous concrete base
course and a two-inch-thick wearing course, in accordance with the
most recent Pennsylvania Department of Transportation standards, shall
be provided. Edges of the excavation shall first be cut 12 inches.
Edges shall be hot sealed with application of AC-20 bituminous sealer
after placement of the paving.
G. The permittee shall include base repair, surface milling and overlay
for the full-width of the cartway, to include edge of paving to edge
of paving for the greater of the entire block or 100 lineal feet,
under any of the following circumstances:
(1) Where the street has been overlaid within the most recent five years.
(2) Where openings of more than 25 square feet have been made within
100 linear feet of pavement.
(3) Where an opening of 50 continuous linear feet has been made.
H. If, within one year after the installation of the permanent paving,
defects appear, the permittee shall make all necessary repairs to
the permanent paving at the applicant's expense.
I. Within 30 days after completion of all work and restoration, the
permittee shall provide the Township with as-built drawings of the
permit area. The as-built drawings shall show the location and type
of all utilities, structures, and other facilities installed in the
permit area as well as the location of all restored surface areas.
The filing of an application for the installation or repairing
of pipes, sewers, drains, conduits, sidewalks, curbs, driveways and
similar structures, or for erecting or replacing poles, shall constitute
an agreement that the applicant will, upon notice from and without
expense to the Township, make such changes in the location thereof
as may be required by the Township Engineer. The issuance of a permit
hereunder shall not confer upon the applicant a permanent right to
maintain such structures in the permit area. If any such structure
is not removed upon receipt of notice so to do from the Township,
the Department of Public Works may thereupon remove it and charge
the cost of such removal to the permittee.
A permittee or other person who has discontinued use of all
or a portion of its facilities in a Township right-of-way shall notify
the Township of such discontinued use and shall provide the Township
with a drawing describing the type and location of all discontinued
facilities. A permittee or other person who has discontinued use of
or abandoned facilities in a Township right-of-way shall remove such
facilities if required by the Township.
[Amended 3-12-2012 by Ord. No. 2660]
Any person violating any provision of this article shall, upon
summary conviction before any District Justice of the Peace, pay a
fine not exceeding $600 and costs of prosecution, and in default of
one payment of the fine and costs, the violator may be sentenced to
the county jail for a term of not more than 30 days. A separate and
distinct violation shall be deemed committed each day on which a violation
occurs or continues.
Whenever the exigencies of public health or safety require that
instant repairs to gas, electric or water or sewer lines be made and
the procurement of a permit prior to the commencement of the work
is impracticable, it shall be lawful for said 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 an
emergency arose, which application shall set forth the nature of the
exigency aforesaid, and provided further that any person beginning
said work under the provisions of this section shall do so subject
to the conditions and obligations imposed by this article upon persons
opening, excavating, or using streets as though an application for
a permit had been filed.
No permit fee paid under this article shall be considered to
be in lieu of any annual license fees now required to be paid or which
may at any time be required to be paid by ordinance of Haverford Township.