[Ord. 80, 5/28/1974; as revised by Ord. 147, 11/26/1985]
1.
EXCAVATION
PERSON
STREET
The following words, when used in this Part, shall have the meanings
ascribed to them in this section, except in those instances where
the context clearly indicates otherwise:
Any activity within the right-of-way of any street, alley,
or cartway which involves cutting, breaking, or disturbing the surface
thereof. In this Part, the term OPENING shall have essentially the
same meaning as excavation.
Any natural person, partnership, firm, association, corporation
or municipal authority.
Any public street, avenue, road, square, alley, highway,
or other public place located in the Township of North Strabane and
established for the use of vehicles, but shall not include State highways.
2.
In this Part, the singular shall include the plural and the masculine
shall include the feminine and the neuter.
[Ord. 80, 5/28/1974; as revised by Ord. 147, 11/26/1985]
It shall be unlawful for any person to open or to make any excavation
of any kind in any of the streets in the Township of North Strabane
without first securing a permit therefor, as hereinafter provided.
[Ord. 80, 5/28/1974; as revised by Ord. 147, 11/26/1985]
Any person who shall desire to make any opening or excavation
in any of the streets in the Township shall make application to the
Township in writing for that purpose. Such application shall be made
upon blanks to be furnished by the Township and shall set forth the
name of the applicant, the exact location of the proposed opening
or excavation, and the approximate size or depth thereof, and shall
contain an agreement on the part of the applicant that the work shall
be done in full compliance with the ordinances of the Township and
the laws of the Commonwealth in relation thereto, and that the applicant
shall well and truly save, defend and keep harmless the Township from
and indemnify it against any and all actions, suits, demands, payments,
costs and charges for or by reason of the proposed opening or excavation,
and all damages to persons or property resulting in any manner therefrom,
or occurring in the prosecution of the work connected therewith, or
from any other matter, cause or thing relating thereto.
[Ord. 80, 5/28/1974; as revised by Ord. 147, 11/26/1985]
The permit fee shall be in accordance with the fee schedule
as established and amended by the Township by resolution from time
to time.
[Ord. 80, 5/28/1974; as revised by Ord. 147, 11/26/1985]
Permits shall be issued only to persons furnishing public utility
services or the owner or owners of the real property adjoining the
location where such opening or excavation is to be made.
[Ord. 80, 5/28/1974; as revised by Ord. 147, 11/26/1985]
Any permit issued hereunder shall specify the exact location
where the opening or excavation is to be made, the approximate permitted
size or depth thereof and the time within which the work for which
the permit is granted is to be completed.
[Ord. 80, 5/28/1974; as revised by Ord. 147, 11/26/1985]
A permit may be issued to the applicant after all the requirements
therefor have been filed. If the application is disapproved, written
notice of disapproval, together with reasons therefor, shall be given
to the applicant.
[Ord. 80, 5/28/1974; as revised by Ord. 147, 11/26/1985]
The work authorized by the permit is subject to all the provisions
of the Act of December 10, 1974, P.L. 852, No. 287, § 1
et seq., as amended or supplemented from time to time. It shall be
the permittee's responsibility to contact the utilities that
have recorded their facilities in compliance with said Act. A partial
list of utilities providing services in the Township and their office
addresses may be obtained from the Township Offices or the County
Recorder of Deeds.
[Ord. 80, 5/28/1974; as revised by Ord. 147, 11/26/1985;
and by Ord. No. 388, 7/28/2020]
Any person (including utilities) who shall open or excavate
any street, road cartway, sidewalk or driveway in the Township shall
thoroughly and completely refill the opening or excavation in such
a manner as to prevent any settling thereafter and shall restore the
surface to the same condition as it was before the opening or excavation,
and such restoration shall be in accordance with the specifications
of the Township for restoration of surfaces of streets in the Township
(as amended from time to time by resolution); as restored, the surface
shall conform to the proper grade and be of the same surface covering
as the part of the thoroughfare immediately adjoining the opening.
The roadway restoration standards will be designed to take into consideration
the age of the roadway and whether or not a full lane or the full
width of the roadway need to be restored. The objective is to eliminate
patches in the roadway and minimize the number of joints in the pavement.
If, within two years after the restoration of the surface as herein
provided, defects shall appear therein resulting from defective backfilling
by the applicant, the applicant shall reimburse the Township for the
cost of all necessary repairs to the permanent paving.
[Ord. 80, 5/28/1974; as revised by Ord. 147, 11/26/1985]
All other work in connection with openings in any street, including
excavation, protection, refilling and temporary paving, shall be done
by or for the person to whom or which the permit has been issued at
his or its expense, and all such work shall be subject to the provisions
of this Part and to the supervision and approval of the designated
official, provided that the Manager may, if he deems it necessary
to the proper performance of the work, require that cutting of the
surface of streets and the backfilling of all excavations therein
shall be done by the Township, in which event the applicant shall
pay the actual cost of the work performed by the Township.
[Ord. 80, 5/28/1974; as revised by Ord. 147, 11/26/1985]
1.
No opening or excavation in any street shall extend from the curbline
into the highway a distance greater than one foot beyond the center
line of the street before being refilled and the surface of the highway
restored to a condition safe and convenient for travel.
2.
No more than 300 feet longitudinally shall be opened in any street
at any one time.
3.
The work of excavation shall be so conducted as not to interfere
with the water mains, sewers or their connections with the houses,
or any other subsurface lines or constructions, until permission of
the proper authorities in connection with such subsurface lines or
constructions shall have been obtained.
4.
No tunneling shall be allowed without the express approval of the
Township Manager and permission therefor endorsed upon the permit.
The backfilling of a tunnel excavation shall be made only in the presence
of the Manager or an inspector designated by him and shall be done
only in a method approved by him.
5.
All openings or excavations shall be backfilled promptly with modified
2A stones and thoroughly compacted in layers, each of which layers
shall not exceed eight inches in depth. Backfilling shall be placed
to within 10 inches of the surface.
6.
A temporary paving of coldpatch premix, thoroughly bound and compacted,
shall be installed flush with the surface of the adjoining paving
and maintained for a period of 90 days.
7.
On concrete base streets, such base shall be replaced with concrete,
and the minimum size of the opening or excavation shall be 16 square
feet.
8.
During the making of any excavation in the street, every necessary
and reasonable precaution shall be taken by the applicant and the
parties making the same to keep the street in a safe and passable
condition both day and night by guards, barriers, lanterns and other
devices, and all excavating permits granted hereunder are granted
under and subject to the express condition that the person to whom
the same is issued shall indemnify, save and keep harmless the Township
from any loss in damages, or otherwise whatsoever, which may or shall
be occasioned at any time by the said excavation, or by any leak,
explosion or other injury from any pipe, apparatus, conduit, or any
other matter placed in the said excavation.
9.
The applicant shall notify the Township Manager when the opening
or excavation is ready for backfilling before any backfilling is done,
when backfilling work is completed, when the temporary paving has
been installed and when the street has been permanently restored so
that inspections may be made.
10.
In the event that any work performed by or for a permit holder shall,
in the opinion of the Township Manager be unsatisfactory and the same
shall not be corrected in accordance with his instructions within
the time fixed by him, or in the event that the work for which the
permit was granted is not completed within the time fixed by the Township
Manager, the Township may proceed to correct such unsatisfactory work
or complete any such work not completed, and charge the cost thereof,
plus 20%, to the applicant.
[Ord. 80, 5/28/1974; as revised by Ord. 147, 11/26/1985]
In the case of any leak, explosion or other accident in any
subsurface pipe, line, construction or apparatus, it shall be lawful
for the person owning or responsible for such pipe, line, construction
or apparatus to commence an excavation to remedy such condition before
securing a permit, provided that application for a permit shall be
made immediately and not later than the next business day thereafter
and that all other provisions of this Part are fully complied with.
If any such emergency condition shall not be immediately attended
to by the owner or person responsible for such pipe, line, construction,
or apparatus, the Township Manager, after such notice as he shall
deem necessary under the circumstances of the particular case, shall
proceed to do the work necessary and required by such emergency and
charge the same on the basis of cost plus 20% to such owner or person.
[Ord. 80, 5/28/1974; as revised by Ord. 147, 11/26/1985]
The permission herein granted does not confer upon the permittee
or its contractors the right to cut, remove or destroy trees or shrubbery
within the legal right-of-way except under specifications, regulations
and conditions as the Township may prescribe.
[Ord. 80, 5/28/1974; as revised by Ord. 147, 11/26/1985]
The Township Manager shall give timely notice to all persons
owning property abutting on any street within the Township about to
be paved or improved and to all public utility companies operating
in the Township, and all such persons and utility companies shall
make all water, gas or sewer connections, as well as any repairs thereto
which would necessitate excavation of the said street, within 30 days
from the giving of such notice, unless such time is extended, in writing,
for cause shown, by the Township Manager. New paving shall not be
opened or excavated for a period of five years after the completion
thereof, except in case of emergency, the existence of which emergency
and the necessity for the opening or excavating of such paving to
be determined by the Township Manager. If it is sought to excavate
upon or open a sewer within five years after the completion of the
paving, the applicant shall make written application to the Board
of Supervisors, and a permit for such opening shall be issued only
after express approval of the Board of Supervisors.
[Ord. 80, 5/28/1974; as revised by Ord. 147, 11/26/1985]
If at any time in the future the roadway is widened, reconstructed
or the alignment or grades are changed, the permittee further agrees
to change or relocate all or any part of the structures covered by
this permit which interfere with the improvement of the roadway at
its own cost and expense.
[Ord. 80, 5/28/1974; as revised by Ord. 147, 11/26/1985]
No new water, sewer, stream or gas main or electric, telephone
or other utility line shall hereafter be laid or constructed, and
no such existing main or line shall be extended, in any of the streets
of the Township until such plan therefor shall have been first filed
with the Township and such plan, and the exact location of such main
or line, approved by him. The Township Manager shall not approve the
locating of any such main or line at a depth of less than 30 inches
from the surface of the street unless he shall be convicted that locating
the same at a depth of more than 30 inches from the surface is impossible
or impractical.
[Ord. 80, 5/28/1974; as revised by Ord. 147, 11/26/1985]
No company, corporation or association shall dig up any street
or alley without first giving to the Township a bond, with some acceptable
trust or surety company, as surety in the sum of $10,000, conditioned
for the faithful performance of these provisions and also for any
and all damages, claims, demands, suits, costs and counsel fees occasioned
or arising from the digging up, opening or closing of said streets
and alleys.
[Ord. 80, 5/28/1974; as revised by Ord. 147, 11/26/1985]
Payment for all work done by the Township under the provisions
hereof shall be made by the person made liable therefor under the
provisions hereof within 30 days after a bill therefor is sent to
such person by the Township. Upon failure to pay such charges within
such time, the same shall be collectible by the Township by an action
in assumpsit or in the manner provided by law for the collection of
municipal claims.
[Ord. 80, 5/28/1974; as revised by Ord. 147, 11/26/1985;
as amended by Ord. 240, 10/28/1997]
Any person, firm or corporation who shall violate any provision
of this Part, upon conviction thereof in an action brought before
a District Justice in the manner provided for the enforcement of summary
offenses under the Pennsylvania Rules of Criminal Procedure, shall
be sentenced to pay a fine of not more than $1,000 plus costs and,
in default of payment of said fine and costs, to a term of imprisonment
not to exceed 90 days. Each day that a violation of this Part continues
or each section of this Part which shall be found to have been violated
shall constitute a separate offense.
[Ord. 80, 5/28/1974; as revised by Ord. 147, 11/26/1985]
The provisions of this Part shall not apply to laying sidewalks
or curbs.
