The following words and phrases, 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:
APPLICANT
Any person, as hereinafter defined, who makes application
for a permit.
CONCRETE
Soil cement, plain cement concrete or reinforced cement concrete.
COST
Actual expenditures incurred by the Township for labor, equipment
and materials, including, without limitation, all fringe benefits
and overhead.
DEGRADATION FEE
A fee paid by the permittee to the Township of West Hempfield
to defray the depreciation of Township streets which have been constructed,
reconstructed or resurfaced within five or less years prior to a street
opening.
EMERGENCY
Any unforeseen circumstance which calls for immediate action
to protect or safeguard life or property or for the restoration or
continuance of public utility or other public service.
MUNICIPAL AUTHORITY
Any municipal authority created, in whole or in part, by
the Township Supervisors under the Pennsylvania Municipality Authorities
Act of 1945, as amended, to administer a revenue-producing public enterprise.
PERMIT FEE
A fee paid by the permittee to the Township of West Hempfield
to cover the costs of issuing, processing and filing the street opening
permit and to defray street opening inspection costs.
PERMITTEE
Any person who has been issued a permit and who shall have
by acceptance thereof agreed to fulfill any provisions of this article.
PERSON
Any natural person, partnership, firm, association, public
utility corporation or similar entity.
PUBLIC UTILITY
Any utility company, excluding municipal authorities created
by the Township, licensed by the Public Utility Commission of the
Commonwealth of Pennsylvania.
SIDEWALK AREA
That portion of the street right-of-way reserved for sidewalks.
STREET
The entire right-of-way of the public street, public highway,
public alley, public road or public easement within the Township limits,
excluding the designated curb and sidewalk areas.
TOWNSHIP
The Township of West Hempfield, Lancaster County, Pennsylvania.
Street opening permits shall only be granted
upon compliance with the following express provisions:
A. A written application shall be filed with the Township
Secretary for making all street openings or excavations, and the same
shall be signed by the person desiring such permit. Such application
shall set forth the purpose for which such excavation is to be made,
the size and location of the same, the full scope of work to be included
in the project, a sketch of the proposed opening site and the date
such excavation is to be refilled and resurfaced in the manner hereinafter
provided and shall provide that the applicant will faithfully comply
with each and every provision contained in the article. An applicant
shall furnish a drawing of the proposed opening site upon request
of the Road Superintendent. Items required on the drawing shall be
specified at the time of request.
B. Prior to the issuing of such permit, every such applicant
shall pay to the Township Treasurer the amount hereinafter provided
and shall exhibit to the Township Secretary a receipt for the amount
aforesaid.
C. Where the street opening permit is required for water
or sewer service, the application shall be signed by an authorized
representative of the utility furnishing the water or sewer service.
D. Except in emergency situations, the opening of a street
which has been resurfaced or reconstructed within a five-year period
prior to the date of request for the street opening shall be prohibited.
E. Except in emergency situations, applications for street
openings shall be submitted to the Road Superintendent or his or her
designated representative at least two days prior to the proposed
date of excavation. The Road Superintendent or his or her designated
representative shall review each application and grant or deny the
applicant a permit upon completion of the review.
F. No street opening shall be performed, except in the
case of emergencies, between November 15 and March 15.
G. The applicant shall agree to save the Township, its
officers, employees and agents harmless from any and all costs, damages
and liabilities by reason of personal injury or property claim which
may accrue or be claimed to accrue, whether directly or indirectly,
by reason of said work, irrespective of the cause of such injury or
damage. The acceptance of any permit under this article shall constitute
such an agreement by the applicant whether the same is expressed or
not.
H. An applicant shall supply a certificate of insurance to the Township Secretary and have the certificate of insurance properly executed by the applicant's insurance agency. Properly executed certificates of insurance shall be filed with the Township and shall verify that the applicant is insured against claims for personal injury as well as against claims for property damages which may arise from or out of the performance of the excavation work, whether such performance is by the applicant or anyone directly or indirectly employed by him or her. Such insurance shall include protection against liability arising from completed operations, underground utility damage and collapse of any property. Liability insurance for personal injury or death shall be in an amount not less than $1,000,000 for each person and $1,000,000 for each occurrence and for property damage in an amount not less than $300,000 Such insurance shall also provide hold harmless coverage pursuant to Subsection
G above. Failure of an applicant to file a certificate of insurance shall be sufficient reason for denying a permit.
In all cases where a permit has been issued
and the work set forth in such permit has not been completed, the
amount not completed shall be canceled. The degradation fee along
with the permit fee paid shall be recalculated on the basis of the
work actually completed and the actual extent of excavation. All degradation
fees and permit fees paid in excess of this adjustment shall be refunded
without interest by the Township Treasurer, upon warrant properly
drawn. The portion of the permit fee attributable to processing the
permit application shall not be refunded upon permit cancellation.
If any permittee is unable to complete the street
opening on or before the date specified in the permit, the permittee
shall file a written application for an extension of time with the
Road Superintendent or his or her designated representative, who shall
have discretion to grant or deny such application. The written application
shall be in letter form and shall thoroughly explain the reasons for
the extension of time plus the additional length of time required.
A fee as set forth from time to time by resolution by the Board of
Supervisors shall accompany the application. This fee shall defray the costs of processing and filing
the application.
The permittee shall be responsible for backfilling
and paving the opening and restoring the street surface to its original
condition in accordance with the Technical Specifications set forth
in Schedule A.
In case the work has not been completed before
the date of expiration as shown on the permit, which time shall be
fixed when the permit and/or time extension is granted, the Road Superintendent
or his or her designated representative may take steps to backfill
the trench and to replace the street surface over the opening for
which the permit has been issued. The Township shall invoice the permittee
for all costs incurred by the Township in the performance of this
work. Payment not made within 30 days shall be collectable in the
manner provided by law.
A street opening permit shall be obtained for
any test hole work. No test holes shall be made in or upon a greater
surface of the highway than as specified in such permit, and no excavation
or test holes shall interfere with any of the water pipes, sewers,
drains of the Township or any other underground utility service. Test
holes having an area of four square inches or less shall be filled
by the applicant with grout composed of one part cement and two parts
sand and a sufficient quantity of water, filled to the surface of
the highway, and the surrounding surface of the highway shall be placed
in the same condition as before. Test holes greater than four square
inches in area shall be backfilled in accordance with the provisions
of this article, unless otherwise directed by the Road Superintendent
or his or her designated representative.
In no case shall a permittee open or remove
a greater area of street surface than specified in the original application.
The permittee shall not open any street area at a location not specified
in the original street opening permit. If the permittee determines
during construction that an additional area of street will have to
be opened, he or she shall notify and secure permission from the Road
Superintendent or his or her designated representative for the additional
opening. Upon receipt of the permission, the permittee shall file
a supplementary application for the work no later than the next workday.
Fee amounts specified in this article shall be followed for any subsequent
fees associated with supplementary applications.
The permittee shall guarantee and maintain his
or her work for 24 months from the completion of the restoration and
replacement work. Within this twenty-four-month period, upon notification
from the Township of necessary correction work required, including
street settlement, the permittee shall correct or cause to be corrected
all restoration work required within five calendar days of receipt
of notification. The Road Superintendent or his or her designated
representative shall determine the extent of the restoration required
and the method of correction. Any and all work not completed within
this five-day period may be completed by the Township at the discretion
of the Road Superintendent or his or her designated representative.
The Township shall invoice the permittee for all costs incurred by
the Township in performance of this work. Payment not made within
30 days of the invoice date shall be collectable in the manner provided
by law, including any allowable penalties.
[Amended 12-7-1993 by Ord. No. 9-93; 9-3-1996 by Ord. No. 3-96; 5-6-1997 by Ord. No. 6-97]
If the Board of Supervisors or the officer designated
to enforce this article by the Board of Supervisors determines that
a person has committed or permitted the commission of a violation
of this article, the Board of Supervisors or such enforcement officer
shall inform such person in writing of the violation, shall notify
such person to cease the violation of this article and shall inform
such person that he or she must pay a civil penalty to the Township
within the range of the amounts set forth below to settle the violation.
The penalty for a first offense shall be not less than $50 and not
more than $600; the penalty for a second offense shall be not less
than $100 and not more than $600; and the penalty for a third or greater
offense shall be not less than $200 and not more than $600. If such
person fails or refuses to remit the penalty to the Township within
10 days from the date of the written notice of the violation of this
article, the Township may commence a civil enforcement proceeding
seeking penalties and costs for the violation of this article and/or
may commence an action in equity. The Township shall seek a judgment
for the penalty previously imposed, together with additional daily
penalties for continuing violations, plus all court costs, including
the reasonable attorneys' fees incurred by the Township in the enforcement
proceedings. Each day that a violation continues shall constitute
a separate violation, and each section of this article which is violated
shall constitute a separate violation. If the defendant neither pays
nor timely appeals the judgment, the Township may enforce the judgment
pursuant to the applicable rules of civil procedure.
Any person aggrieved by a decision under this
article shall, to the extent allowed by law, be entitled to a hearing
before the Board of Supervisors pursuant to the provisions of the
Local Agency Law.