It is the intent of the Supervisors of Towamencin Township that, in order to protect the health, safety and welfare of the general community, the opening of streets be regulated by permit.
It shall be unlawful for any person to make any street opening without first securing a permit therefor from the Township of Towamencin; provided, however, that any person maintaining pipes, lines or underground conduits in or under the surface of any street by virtue of any law, ordinance or franchise may proceed with an excavation or opening without a permit when emergency circumstances demand the work be done immediately for the preservation of the public health, safety or welfare, provided that the permit could not reasonably and practically have been obtained beforehand. Such person, however, shall thereafter apply for a permit on the first regular business day on which the office of the Township is open for business, and the permit shall be retroactive to the date when work was begun. Any work done in accordance with this section on an emergency basis shall still comply with all of the specifications and standards as set forth hereinafter in this chapter.
Any person intending to make a street opening shall make written application therefor to the Township on a form provided for that purpose, not less than 10 working days prior to the commencement of work. No work shall be commenced until the Township has approved the application and issued a permit, except emergency work as provided under § 133-6 hereof. Each application shall be accompanied by an accurate drawing clearly showing the extent of the proposed street opening and the location and depth of the subsurface facilities to be installed and, when required by the Township, the location and depth of all other surface facilities in the vicinity of the work.
A. 
The applicant shall pay a fee or fees and may be required to post escrow to guarantee satisfactory completion of the work associated with the street opening in accordance with provisions set forth at the time of the issuance of the street opening permit and in accordance with the fees set forth in the then-current fee schedule which shall have been adopted by resolution by the Board of Supervisors (refer to Chapter 76, Fees).
B. 
The Township shall determine the amount of the escrow to be posted by the permittee, basing the amount upon the current prices for similar street repaving work, to which amount shall be added the cost of any additional work which might be necessary to restore the street to acceptable condition, plus the estimated costs of inspection and the estimated costs of any other services which the Township might have to perform during the course of the work.
C. 
The deposit may be in the form of cash, certified treasurer's check or cashier's check payable to the Township.
D. 
Upon completion and final inspection of the work, the Township shall make an accounting to the permittee of all costs incurred by the Township in connection with the permit, to which the Township may add any reasonable sum to cover anticipated costs of future maintenance. The Township shall thereupon refund to the permittee any amount of deposit in excess of that computed as aforesaid, or if the deposit is found to be insufficient, the permittee shall immediately pay to the Township any amount equal to the deficiency. If the permittee fails or refuses to pay such deficiency upon demand, the Township may recover the same by action in any court of competent jurisdiction. Until such deficiency is paid in full, additional permits may be denied such permittee.
A. 
The applicant shall furnish certificates of insurance as required by the Township.
B. 
Prior to the issuance of a permit under this chapter, the applicant shall be required to furnish a certificate of insurance. The certificate of insurance required of the applicant shall indicate that he/she is insured against claims for damages for personal injury as well as against claims for property damages which may arise from or out of the performance of the work, whether such performance is by himself, his subcontractor or anyone directly or indirectly employed by him/her. Such insurance shall include protection against liability arising from completed operations. Such insurance shall provide complete third-party coverage for the Township of Towamencin. The amount of such insurance shall be prescribed by the Township Engineer in accordance with the nature of the risks involved; provided, however, that the liability insurance for bodily injury in effect shall be in an amount not less than $100,000 for each person and $300,000 for each accident and for property damage in an amount not less than $50,000. Failure of the applicant to file such certificate shall be grounds for denying a permit.
A. 
The granting of any street opening permit shall confer a right upon the permittee, subject to the terms and conditions of the permit, to temporarily occupy and use the street surface during the course of construction work covered by the permit and to thereafter occupy the space within which the work is to be located, subject in every case to the specific right of the Township to require temporary or permanent relocation or removal of any of the facilities entirely at the permittee's expense in the event that said facilities are in conflict with the Township's interest or the public interest in the use of the street.
B. 
In granting any permit, the Township may attach such special conditions thereto as may be reasonably necessary to protect the public land, private property and also the general health, safety and welfare of the community, particularly for pedestrian and vehicular traffic.
By accepting the permit, the applicant agrees to perform the work in accordance with the terms and conditions of the permit and of any special conditions which may be attached thereto and to save the Township, its officers, employees and agents from any costs, damages and liabilities which may accrue by reason of the work.
Every permit issued hereunder shall expire at the end of six months from the date of issuance. If the permittee shall be unable to complete the work within the specified time, he shall, prior to expiration of the permit, present in writing to the Township a request for an extension of time, setting forth therein the reasons for the requested extension. If, in the opinion of the Township, such an extension is necessary, the permittee may be granted additional time for the completion of the work.
Any permit issued hereunder may be revoked by the Township after notice for violation of any condition of the permit or any ordinance of the Township, including but not limited to completing the work as set forth in the time constraints contained in the permit or performing the work in accordance with the specifications as set forth hereinafter.
The work shall be subject at all times to inspection by the Township or its agents, and the permittee shall pay the costs of such inspection as the Township may require. Notwithstanding anything contained herein, the permittee shall be required to notify the Township Engineer before commencing the work of the time and date the work will commence and shall immediately notify the Township Engineer when said work is completed.
Unless specifically permitted by the Township:
A. 
No street opening shall be made within three years of construction, reconstruction, reconditioning or newly applied pavement surface.
B. 
No street opening shall extend across more than 1/2 of the cartway at one time.
C. 
Two-way traffic shall be maintained at all times. If the roadway must be closed, the permittee must submit, in writing, why it must be closed for review/approval by the Township. A detailed detour map, including signs to be installed, shall be submitted. All roadway closures must be authorized in writing by the Township.
D. 
Access to driveways and/or buildings abutting the street shall be maintained, where possible.
E. 
Not more than 250 linear feet of any street shall be opened at any one time.
A. 
The permittee shall conform to Pennsylvania Act 121, as amended from time to time, PA One Call System (refer to 73 P.S. § 176 et seq.) and shall take all precautions necessary to avoid damage to other utility lines and to public and private property. In the event that damage does occur to property of others, the permittee shall promptly and satisfactorily repair all damage and restore the property to a satisfactory condition.
B. 
Provisions shall be made to accommodate the flow of storm drainage, and no excavated material or trench shall be permitted to interfere with the normal flow of surface water.
C. 
Traffic control shall be maintained in accordance with Pennsylvania Department of Transportation Publication 213, as amended from time to time, and the permittee shall furnish and maintain upon the work such signs, barricades, lights and flagmen as may be necessary to properly protect the public and workers.
D. 
If blasting is performed, such operations shall be in charge of state-certified persons only and shall be carried out in strict accordance with federal, state, county or municipal laws or regulations governing the same. All applicable permits shall be obtained by the permittee prior to conducting any blasting activities.
E. 
The permittee shall be responsible to notify the Township Fire and Police Departments and other public utility companies of the proposed work, stating the nature and location of the work to be done, and shall keep all said parties informed of the progress of the work. When access to abutting properties is to be denied, the permittee shall notify the affected parties in advance.
A. 
Cuts through bituminous wearing surfaces shall be scored on a neat, straight line to the full trench width, using either a pneumatic spade or a concrete saw. Cuts through portland cement concrete shall be sawed to a sufficient depth to enable removal of concrete with a clean, straight break.
B. 
Excavated material shall be laid compactly alongside the trench and kept trimmed up to cause as little inconvenience as possible to public travel. Pedestrian crosswalks shall be kept clean and free of obstructions, and where necessary, temporary bridging or plank walkways shall be provided. Excavated material shall be immediately loaded into trucks and removed as the excavation is in progress. Construction materials shall not be stored in the public street except immediately in advance of installation. Loose earth and stone shall be promptly cleaned from the streets and sidewalks, and dust shall be regularly swept up and removed.
C. 
Backfilling shall follow immediately after installation of the facilities, and only 2A aggregate conforming to the grading requirements specified in Section 703 of PennDOT Specifications Publication 408 shall be used. Backfill shall be compacted by vibrating or mechanical tampers only and in layers of proper depth to ensure ninety-five-percent completion. No rolling or puddling will be acceptable as a means of compaction. Excess material shall be promptly removed, and the street hand-swept prior to paving repairs.
Whenever final paving repairs are not completed to the satisfaction of the Township or in accordance with the time constraints or the specification in this chapter, the Township reserves the right, after notice to the permittee, to complete final paving and any other necessary work, utilizing the escrow funds posted under the provisions of § 133-8 of this chapter. If the amount of escrow funds is insufficient to complete the required restoration work, the permittee shall be required to reimburse the Township the actual cost thereof.
A. 
Temporary pavement repairs shall consist of not less than eight inches of 2A aggregate laid on the properly compacted and evenly graded trench, mounded over the center of the trench one inch and thoroughly compacted by rolling or vibrating. The Township may require as a special condition the placing of a two-inch-thick bituminous concrete (ID-2) binder course or cold mix bituminous patch over temporary paving. In all cases, the permittee is responsible to maintain temporary pavement repairs in good condition, free of chuck holes and soft spots, and to clean the street surface of any stone or earth which may be carried over the street.
B. 
Final pavement restoration shall be made only when weather conditions are suitable and shall be carried out as follows: All temporary paving and aggregate shall be removed to a depth 11 1/2 inches below finished street paving grade. Any soft or spongy spots shall be removed to firm bearing and replaced with 2A aggregate and thoroughly compacted. Edges of original paving shall be cut back on a straight line so that no less than 12 inches of undisturbed subgrade is exposed, forming a shoulder or ledge along either side of the trench. Edges of existing paving shall be neatly cut to expose a sound, vertical face, and the shoulder area shall be fully excavated to the required depth of 11 1/2 inches, regardless of the depth of existing street paving. The entire width of trench and cutback shoulder area shall be fine-graded and rolled or vibrated to an even grade 11 1/2 inches below the adjacent street surface.
C. 
Final pavement repair shall consist of the following:
(1) 
An eight-inch-thick plain bituminous concrete base course, a two-inch-thick ID-2 binder course and one-and-one-half-inch (minimum) ID-2 bituminous concrete wearing surface.
(2) 
Said work shall be done in accordance with the detail as attached hereto, made a part hereof and marked Exhibit A, "Road Restoration Detail Prepared for Towamencin Township." Exhibit A is on file in the Township offices.
D. 
Requirements for permanent repairs to surfaces other than bituminous paving will be determined by the Township in each specific case. In general, final restoration shall be equal to the original roadway cross section.
E. 
Wherever unusual conditions exist or arise during construction, the Township may change the permanent restoration requirements from those given herein. In all cases, marks of construction beyond the area of actual trench shall be satisfactorily restored. In cases where a substantial portion of the original street paving is removed or damaged, the Township may require the permittee to mill and/or resurface the entire street area, in addition to constructing the final paving repairs over trench areas. The Township may also elect to accept payment from the permittee to the Township for final paving repairs, in a sum to be determined by the Township based upon the then-current costs for such work, plus 15%, and to apply the sum so paid toward the cost of reconstruction of the entire street.
The permittee shall be responsible to correct any trench settlement or deterioration in the final paving work. Such responsibility is without limitation during the first two years after the date of the final completion certificate. Thereafter, settlement for the trench area shall remain the general responsibility of the permittee to repair, unless specific release is given by the Township.
After final inspection and acceptance of the work and after payment of any refund or collection of any insufficiency due, the Township shall issue a final completion certificate. The date of such final completion certificate shall fix the two-year time period during which the permittee is absolutely responsible for maintenance of permanent pavement repairs and trenches.
Any person violating any of the provisions of Article III of this chapter shall be liable, upon conviction thereof, to a penalty not exceeding $1,000 and costs of prosecution for each and every offense or, upon default in payment of the fine and costs, to imprisonment in the Montgomery County Prison for not more than 30 days, and whenever such person shall have been notified by the Township Zoning Officer or by service of a summons in a prosecution or other written notice that he is committing such violation of Article III of this chapter, each day that he shall continue such violation after such notification shall constitute a separate offense, punishable by a like fine or penalty. Such fines or penalties shall be collected as like fines and penalties are now by law collected.