[Adopted as Title 8, Ch. 6, of the 1977 Code[1]]
[1]
Editor's Note: This article was adopted 12-7-1977 and
amended 6-7-1977 by Ord. No. 866; 7-6-1981 by Ord. No. 947; 1-3-1983
by Ord. No. 1008; 5-5-1986 by Ord. No. 1100 and 9-6-1988 by Ord. No.
1165.
It shall be unlawful for any person or persons, firm, association
or corporation to open or break the surface of the ground within the
boundaries of any public highway, road, street, avenue, public lane,
public alley, sidewalk or footpath for the purpose of laying pipes,
sewers, drains or conduits of any description, for making connections
therewith or repairs thereto or renewals thereof or for any other
purpose without first obtaining from the said Board of Commissioners
a permit therefor before such work is begun and complying with the
other requirements herein specified. The permit shall be in force
for the period of 90 days from its date.
Before such permit is issued and said work begun, a written
application on a blank form, to be furnished for that purpose by the
said Board of Township Commissioners, must be filed with the Department
of Highways, setting forth the purpose for which the said highway,
road, street, avenue, public lane, public alley, sidewalk or footpath
is to be opened, excavated or occupied and the location of the said
proposed work, and in such application the applicant shall agree to
assume all liability for all or any damages to person or property
accruing to the public or to the said Township which may or might
result from the opening, excavating or occupying of said highway,
road, street, avenue, public lane, public alley, sidewalk or footpath.
All placements within the cartway or the sidewalk area shall be subject
to the right of the Township to thereafter require the same to be
relocated.
A.
The said application must be signed and filed, together with a bond
payable to the Township in the amount required by the Township, but
not less than $500, with surety approved by the Township, conditioned
to save the Township from loss or damage to its property and conditioned
to indemnify the Township against any and all claims, demands or actions
for damages sustained to persons or property by reason of anything
done in pursuance of the permit. Furthermore, the applicant shall,
if required, file with the Township certificates showing the issuance
of a policy or policies of insurance to the applicant, in amounts
of $100,000 to $200,000 public liability, and $10,000 for property
damages, insuring the applicant and the Township against any loss
by reason of any action, claim, payment or demand made by anyone by
reason of anything done by the applicant in pursuance of such permit.
B.
The provisions of this section, however, shall not apply to corporations
whose operations are subject to the supervision of the Pennsylvania
Public Utility Commission, provided that, upon completion of the work,
a maintenance bond approved by the Township, guaranteeing repair of
the excavation for a period of two years, be filed.
All measurements required to be made in applying the above fees
shall be made by the Highway Department and should include any enlargement
of openings which may be required to be made as an incident of the
repair of such paving.
A.
All openings and/or breaks shall be refilled immediately with 2-A
modified stone and thoroughly compacted. All sidewalks, curbs and
gutters injured by or during the opening or break shall immediately
be replaced to the satisfaction of the Public Works Department. With
respect to improved highways, all refilling must be done by thorough
hard tamping in uniform layers not exceeding 12 inches in depth with
all surplus dirt being removed from the job. No puddling shall be
allowed. The permit holder shall complete permanent repaving of such
break or opening in accordance with Township specifications within
six month after the backfill has been made. If any depression occurs
within six months after repaving, the permit holder shall break the
surface, apply and compact sufficient additional material to bring
the level of the restoration flush with the surrounding surface. All
restoration shall be in accordance with the specifications and the
diagram set forth in detail herein.
(1)
The permit holder shall, upon completion of the construction and
restoration, furnish a maintenance bond to the Township, with approved
surety, guaranteeing the excavation restoration for a period of two
years.
B.
All state and county roads and Warminster Road are hereby designated to be preferential streets. As to all preferential streets, if the excavation, dirt, fill, debris or equipment used by the permittee interferes with traffic movements, the permittee shall be required to work on this project at least 16 hours a day until the project is completed, as hereinbefore set forth in Subsection A. In lieu of this requirement, the permittee is permitted to plate the said excavation and remove any obstruction to the normal flow of traffic between the hours of 7:00 a.m. to 9:00 a.m. and the hours of 4:00 p.m. to 6:00 p.m.
All materials, openings or excavations made or obstructions
created under such permits must be properly marked from sunset to
sunrise by red lights or an approved flashing yellow illuminating
device so placed as to indicate from the roadway in both directions
the exact location and limits of said work or construction and at
all times must be properly guarded. Any barricade or other stationary
device guarding the said work or obstruction must bear the name of
the permittee making the excavation.
The filing of an application by a public service corporation
and the issuance of a permit for laying of water or gas pipe or conduit
for electric wires shall constitute an agreement on the part of the
applicant that it will at any time thereafter upon notice from the
Department of Highways, at its own expense, make such change in location
or construction of such pipe or conduit as may be necessary.
Any deviation from the restrictions imposed by this article
and any amendment thereof must be approved by the Board of Commissioners
or a committee designated by it to authorize such deviations. Any
deviation so authorized must be set forth on the face of the permit
under which the excavation or construction is being carried out.
Any owner, person, firm, association or corporation who shall
violate any of the provisions of this article or who shall fail to
comply with the conditions or requirements of any permit granted in
accordance with the provisions of this article shall, upon conviction
thereof, be liable to pay a fine of not less than $50 nor more than
$600 for each and every offense. A new and separate offense shall
be deemed to have been committed for each day that said violation
exists. All fines imposed by the article are recoverable by summary
proceedings before any magisterial district judge in the Township
of Upper Moreland and, upon recovery thereof, all such fines are to
be paid into the treasury of the Township. In default of the payment
of any fine imposed by any magisterial district judge under the provisions
of this article, the person or persons so offending may be committed
to the jail, workhouse or other penal institution of Montgomery County
for a period not exceeding 30 days.
