A.
The permit shall be issued in the name of the owner of the facility,
hereinafter called the "permittee," and shall be binding upon the
permittee, its agents, contractors, successors, personal representatives,
and assigns. The permittee shall cause its agents, contractors, successors,
personal representatives and assigns to comply with all the terms
and conditions of the permit. The permit shall be maintained as a
permanent record and remain in effect, subject to the conditions thereof,
as long as the permittee's facilities authorized therein occupy the
public right-of-way.
B.
The work authorized by this permit is subject to all applicable laws,
rules and regulations, including but not limited to Act No. 247, approved
October 29, 1972, of the Commonwealth of Pennsylvania, concerning
environmental control measures related to pollution and the preservation
of public natural resources. The work shall be done at such time and
in such manner as shall be consistent with the safety of the public
and shall conform to all requirements and standards of the Township,
including but not limited to the technical specifications set forth
in Appendix A to this chapter.[1] If at any time it shall be found by the Township Roadmaster
that the work is not being done or has not been properly performed,
the permittee and/or its contractor, upon being notified in writing
by the Township Roadmaster, shall immediately see that the necessary
steps, at its own expense, are taken toward placing the work in condition
to conform to said requirements or standards.
[1]
Editor's Note: Appendix A is included as an attachment to this chapter.
C.
The technical specifications and details attached in Appendix A are
incorporated herein by reference.
A.
The opening of the surface of any Township road is prohibited unless
a permit is obtained for that purpose in the manner hereinafter described.
Such a permit shall be granted by the Township when the person applying
for such permit files an application with the Township in compliance
with the provisions of this article and pays the Township the amounts
hereafter provided.
B.
Any person working in the vicinity of a Township road, who in any
manner disturbs such a road or who in any manner causes damage to
a road, shall be required by this article to obtain a permit and correct
such damage in accordance with the standards of the Township. Road
opening permits will not be required for persons excavating adjacent
to the curb for the express purpose of installing or replacing curbs
and/or sidewalk, provided that a curb and sidewalk permit has been
obtained from the Township prior to performing such work.
C.
The obtaining of road opening permits by municipal authorities shall
be required; however, the fees shall be waived when work is to be
performed completely by their own personnel.
D.
All contractors performing work under contract for the Township or
any municipal authority shall obtain the road opening permit for road
openings.
E.
Public utilities shall obtain road opening permits for road opening
and for excavations to be performed by their own crew or forces or
by contractors.
F.
Nothing herein contained shall be construed to permit the issuing
of a permit for the making of a tunnel under any road in the Township.
Tunneling will be permitted only by the Board after a demonstration
that tunneling is necessary and will not damage the road.
G.
In the event that road openings are necessitated by emergencies,
road opening permits shall be obtained and fees paid within five days
after completion of the work, and said permit shall be retroactive
to the date when the work was begun.
H.
A person performing road openings for an emergency must certify the
emergency nature of the circumstances, in writing, to the Township
Roadmaster within five days after such emergency.
I.
No permit shall be granted to any applicant unless the applicant
shall have paid into the Township any and all monies then due to the
Township for prior excavations made or for the loss, damage, or expenses
in any manner occasioned by or arising from the excavation of Township
roads under prior permits.
A.
When the Township proposes to reconstruct or resurface any road,
the Township Roadmaster shall serve written notice by certified mail
of such improvements to all persons owning property abutting the road
about to be improved and to all public utility companies operating
in the Township. Within 90 calendar days from receipt of such notice,
all notified persons shall complete or cause to be completed all necessary
repairs and replacement of utility mains, service under the road,
and designated curb and sidewalk areas. Notified persons shall also
complete any new installations under the road and designated curb
and sidewalk areas required for use within a three-year period thereafter.
All repairs, replacements and new installation shall be in first-class
condition so that the same cannot reasonably be expected to require
repairs or renewal within the period of at least three years thereafter.
B.
Upon failure of any of the notified person or persons to comply with
notice from the Township Roadmaster to place the same in first-class
condition as hereinbefore provided, the Township Roadmaster shall
cause existing utility mains, service connections and/or laterals
to be placed in first-class condition as aforesaid, or to be entirely
removed, if not used or necessary for public convenience, whereupon
the Township shall be entitled to collect the cost of such renewals,
repairs, removal or other work from the aforesaid responsible person
or persons, either by invoicing the person or persons or, in case
of water or sewer house connections, by filing municipal liens therefor
against the abutting properties benefited by such connections.
C.
This section shall not forbid, however, the installation of new pipes,
conduits or other services or structures, or the repair, replacement
or removal of those already existing, in or under the portions of
such roads improved as aforesaid, in accordance with the ordinances
of the Township and the direction of PennDOT or the Township Roadmaster,
upon obtaining a permit and payment to the Township of the same fees
as prescribed by the provisions of this article for making a surface
opening in the road.
Road opening permits shall only be granted upon compliance with
all of the following requirements:
A.
A written application shall be filed with the Township for making
all road 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 this article. An applicant
shall furnish a drawing of the proposed opening site upon request
of the Township Roadmaster. 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 the amount hereinafter provided.
C.
Where the road opening is required for water supply purposes, the
application shall be countersigned by a representative of the water
supplier or someone authorized by the water supplier before the permit
will be granted.
D.
Where the road opening permit is required for sewer service purposes,
the application shall be countersigned by an authorized employee of
the applicable municipal authority before the permit will be granted.
E.
Except in emergency situations, the Township Roadmaster shall, at
his discretion, be permitted to deny the opening of a road which has
been resurfaced or reconstructed within a three-year period prior
to the date of request for the road opening.
F.
No road opening shall be performed, except in the case of emergencies,
when seasonally prohibited or, in the judgment of the Township Roadmaster,
working conditions are unreasonable for such work.
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 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 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 be by the applicant or anyone directly or indirectly employed by them. Such insurance shall include protection against liability arising from completed operations, underground utility damage, and collapse of any property. Liability insurance for bodily injury shall be an amount not less than $500,000 for each person and $500,000 for each occurrence and for property damages in an amount not less than $100,000. Such insurance shall also provide hold harmless coverage pursuant to § 195-44G above. Failure of an applicant to file a certificate of insurance shall be sufficient reason for denying a permit.
A.
Public utility companies desiring to open a road shall establish
an escrow account in the name of the Township in the amount of 10%
of the total cost of the project or $1,500, whichever is the greater.
In the event that a public utility company is engaged in two or more
unrelated road opening projects, said public utility company shall
execute a separate and distinct escrow account for each road opening
project. At the discretion of the Township, public utilities may post
a blanket bond to cover all street openings in an amount satisfactory
to the Board.
B.
All other persons, including contractors performing work for municipal
authorities, desiring to open a road shall furnish a properly executed
corporate surety bond. Said bond shall be executed by a reputable
surety company licensed to do business in the Commonwealth of Pennsylvania.
All bonds secured by contractors performing work under contract with
municipal authorities must be countersigned by the director or chairman
of the authority.
C.
The bond shall cover road opening work performed during one calendar
year. The bond shall be in effect for a twenty-four-month period.
The amount of the surety bond shall be $1,500 unless any road excavation
and restoration work for a single project exceeds the $1,500. In this
case, a person must secure additional bonding in an amount equal to
the difference between the $1,500 and the dollar amount computed in
accordance with the Fee Schedule.
A.
A permit fee, inspection fee, and degradation fee (for Township roads
only) shall be paid to the Township prior to permit issuance. The
Township shall have the right, in its discretion, to waive fees for
contractors performing work under contract with the Township.
C.
The degradation fee and inspection fee to accompany the application,
as herein provided, shall be as set by resolution by the Board. The
Township shall place collected degradation fees in the Township General
Fund. The degradation fee shall be waived for openings on roads maintained
by PennDOT. The number of square yards computed for the degradation
fee and inspection fee will be based on the actual size of excavation
disregarding any pavement that must be removed to enable an overlap
of surface course on the existing base course.
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 inspection fee
paid shall be recalculated on the basis of the work actually completed
and the actual extent of excavation. All degradation fees and inspection
fees paid in excess of this adjustment shall be refunded without interest
by the Township upon warrant properly drawn. The permit fee shall
not be refunded upon permit cancellation.
A.
All road opening permits are subject to revocation at any time by
the Township Roadmaster or Code Enforcement Officer after written
notice for:
B.
Written notice of such violation shall be served upon the person
to whom the permit was granted or his or her agent or employee engaged
in the work. Such notice may be given either by personal delivery
thereof to the person to be notified or by the United States Postal
Service, postage paid, addressed to such person to be notified. The
permittee shall be granted 24 hours to correct such violations, unless
specifically stated otherwise within the letter of notification of
such violation.
C.
Upon revocation of the permit, the degradation and inspection fees
will be refunded to the permittee for that portion of the project
not completed.
If any permittee is unable to complete the road opening on or
before the date specified in the permit, the permittee shall file
a written application for an extension of time with the Township Code
Enforcement Officer, 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 by resolution by
the Board, 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 road surface to its original condition.
The Township Roadmaster shall have the full authority to establish
standards for paving and backfilling materials and associated procedures.
Details specifying paving and backfilling procedures and materials
shall be obtained from the Township Roadmaster prior to any road opening
work.
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 Township Roadmaster may take
steps to backfill the trench and replace the road 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 will be chargeable against
the posted bond, including all fees and costs involved in the collection
of this payment.
The permittee shall assume all responsibility for the excavation
made by such party for refilling the same and for all damages that
may arise by reason of the digging of such trenches or excavations.
Whenever it is determined by the Township Roadmaster that in the best
interest of the Township it is necessary to assign additional road
opening inspectors to supervise excavation, backfill or pavement restoration
operations, such inspectors shall be paid by the Township at a rate
to be fixed by the Township. The Township shall invoice the permittee
for all costs incurred by the Township necessitated by the assignment
of additional inspectors. The Township Roadmaster is authorized to
make other rules and regulations for the excavation of roads which
he may deem necessary for the proper maintenance of the road surface
due to excavations, which rules and regulations shall be printed upon
the permit granted or forwarded from the Township, in writing, from
time to time.
A road opening permit shall be obtained for any test hole work.
No test holes shall be made in or upon a greater surface of the roadway
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 by a
sufficient quantity of water, filled to the surface of the highway,
and the surrounding surface of the roadway 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 Township Roadmaster.
A.
All gutters shall be left open so as not to obstruct the free passage
of water, and the sidewalks and footways shall be kept in a safe and
passable condition. All excavations shall have sufficient lights and
barricades to identify them from all directions during the day and
after dark. If for safety purposes the Township Roadmaster deems it
necessary to install additional warning devices, i.e., lights, barricades
or signs, the permittee shall be notified of the decision and shall
receive instructions on the installation. In case of emergencies,
the Township may install all additional warning devices deemed necessary
by the Township Roadmaster. The Township shall invoice the permittee
for rental and installation costs incurred from the date of installation
until the permittee installs the required warning devices.
B.
If the permittee fails to install such devices, the Township shall
invoice the permittee for rental and installation costs incurred from
the date of installation until the date of removal. Payment not made
by the permittee within 30 days of the invoice date will be chargeable
against the posted bond, including all fees and costs involved in
the collection of this payment.
In no case shall a permittee open or remove a greater of road
surface than specified in the original application. The permittee
shall not open any road area at a location not specified in the original
road opening permit. If the permittee determines during construction
that an additional area of road will have to be opened, he shall notify
and secure permission from the Township Roadmaster and/or Code Enforcement
Officer for the additional opening. Upon receipt of the permission,
the permittee shall file a supplementary application for the work
no later than the next day. Fee amounts specified in the Fee Schedule
shall be followed for any subsequent fees associated with supplementary
applications.
The permittee shall guarantee and maintain his 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, the permittee shall correct
or cause to be corrected all restoration work required within five
calendar days of receipt of notification. The Township Roadmaster
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 Township
Roadmaster. 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 will be chargeable against
the posted bond, including all fees and costs involved in the collection
of this payment.
