[HISTORY: Adopted by the Board of Supervisors
of the Township of Tredyffrin as indicated in article histories. Amendments
noted where applicable.]
[Adopted 10-6-1997 by Ord. No. HR-261
(Ch. III, Art. 3, of the 1979 General Laws of the Municipality of
Tredyffrin)]
A.
No person, firm, corporation, partnership or other
entity (hereinafter referred to as "person") shall occupy or excavate
or make any tunnel or opening of any kind in, under or adjacent to
the surface of any street within the Township without first securing
a permit from the Township for each separate undertaking. Nor shall
any person install, erect or relocate any pole or other obstruction
upon, in or immediately adjacent to any portion of any street within
the Township except under such conditions, restrictions and regulations
as prescribed in permits granted by the Township for such purpose.
In no event shall any person seeking a permit deviate from the provisions
of this article or from the terms of any subsequently issued permit.
Nothing in this article shall be construed to require a permit in
advance of emergency repairs necessary for the safety of the public
or the restoration or continuance of a public utility or other public
service. Application for a permit under such circumstances is still
required, with fees and application due within five working days after
commencement of the work.
B.
In all cases in which emergency repairs are necessary,
the Director of Public Works and/or Assistant Director and the highway
foreman will be notified prior to excavation of any kind.
As used in this article, the following terms
shall have the meanings indicated:
The area surrounding the immediate area of the permitted
work which can reasonable be assumed to have been affected by the
permitted work.
Material used to replace or the act of replacing material
removed during construction.
An unforeseen occurrence or combination of circumstances
which calls for immediate action or remedy.
Repair to a utility facility undertaken to repair damage
resulting from a vehicle accident or collision with the facility,
a failed component or storm damage. The term does not include service
connections or disconnections unrelated to vehicle accident, a failed
component or storm damage.
The Township's authorized representative assigned to inspect
permit operations.
A highway occupancy permit issued by the Township.
A natural person, firm, partnership, association, corporation,
trust or any entity with legal responsibilities. Whenever used in
any clause prescribing or imposing a fine or imprisonment or both,
"person" shall mean, as applied to associations, the partners or members
thereof and, as applied to corporations, the officers thereof.
Drawings which show the location, character and dimensions
of the proposed occupancy and related highway features, including
layouts, profiles, cross sections and other details.
An area or strip of land acquired by the Township and intended
to be occupied by a street, crosswalk, stormwater or sanitary sewer
pipes and other similar uses.
See "street."
An open way, generally paved and usually publicly owned,
serving as a means of vehicular and/or pedestrian passage and furnishing
access to abutting properties.
A person owning a utility facility, including any wholly
owned or controlled subsidiary.
Privately, publicly or cooperatively owned lines, facilities
and systems for producing, transmitting or distributing communication,
power, electricity, light, heat, gas, oil, crude products, coal, water,
steam, waste, stormwater not connected to Township drainage facilities
and other similar commodities, including fire and police signal systems
and streetlighting systems, which directly or indirectly serve the
public or any part thereof.
Every device which is or may be moved or drawn upon a highway.
Application for a permit shall be on a form
prescribed or approved by the Township and submitted to the Township
in duplicate. The application shall be accompanied by the fee for
highway occupancy permits and restoration charges listed on the schedule
of fees most currently adopted by the Board of Supervisors. In addition,
the applicant shall submit three copies of a sketch plan showing such
dimensions as the location of the intended facility, width of the
traveled roadway, right-of-way lines and a dimension to the nearest
intersecting street and the nature of the surface in which the opening
is to be made.
No street opening permit will be issued by the
Director of Public Works, except to a municipal corporation, a public
utility corporation or an owner of property assessed in the Township's
assessment roll on an application, signed by the owner or on behalf
of the owner by an authorized (sworn) agent.
A.
Transferability. Every permit shall apply only to
the person to whom it is issued and shall not be transferable. Permits
issued to utilities shall show the identity of the utility.
B.
Commencement of work. Work under a permit shall commence
within 90 days from the date of issuance of the permit. If work is
not commenced within that time, the permit shall automatically terminate
unless extended, in writing, by the Director of Public Works.
C.
Possession of permit. A copy of the permit must be
kept in possession of the person actually performing the work and
shall be exhibited on demand to any duly authorized employee of Tredyffrin
Township.
D.
Continuance of permit. A permit shall continue in
effect during the time required for the settling of backfill and restoration
of permanent pavement, but in no event shall the permit continue in
effect later than nine months after the date of issuance unless the
Township Manager shall further extend the time for good cause.
E.
Revocation of permit.
(1)
Any permit may be revoked by the Township Manager
if any of the following occurs as a result of the work undertaken
pursuant to the permit or the actions of the permittee, the permittee's
agents or employees:
(2)
When any permit has been revoked and the work authorized
by the permit has not been completed, the Township shall perform such
work as may be necessary to restore the street or part thereof to
its preexisting condition. Expenses thereby incurred by the Township
shall be recovered from the permittee by any method permitted by law.
No permit will be issued unless the applicant
submits with his application a certificate of insurance issued by
an insurance company authorized to do business in the State of Pennsylvania
and in a form acceptable to the Township's attorney.
The Director of Public Works is authorized to
issue street opening permits for the excavating/digging or opening
of a street or right-of-way.
A.
Every permittee will place around the project such
barriers, barricades, warning lights, warning flags and danger signs
as shall be sufficient for the safety of the public. Barricading shall
be in compliance with all regulations promulgated by the Commonwealth
of Pennsylvania and the Pennsylvania Department of Transportation.
No person shall willfully move, remove, injure, destroy or extinguish
any barrier, warning light, sign or notice erected, placed or posted
in accordance with the provisions of this article.
B.
All work will be done in such manner as to cause a
minimum of interference with travel on the street (right-of-way) affected.
No street shall be closed to traffic unless the closing is approved
by the Director of Public Works or his/her designee and the Police
Department. Public Works shall be informed of all proposed street
closings at least five working days in advance when practical.
C.
Pipe drains, pipe culverts and any other structures
or facilities encountered shall be protected by the permittee. If
any structure or facility is damaged by the permittee, the damage
will be repaired by the permittee to the satisfaction of the owner
of the facility.
D.
When work performed by the permittee interferes with
the established drainage system of any street, provisions will be
made by the permittee to provide proper drainage to the satisfaction
of the Director of Public Works.
E.
When any earth, gravel or other excavated material
is caused to roll, flow, wash or otherwise lay upon the street, the
permittee will remove the debris from the street at the end of the
working day. If the debris is not removed by the permittee, the Township
will remove the debris and all cost incurred by the Township will
be reimbursed by the permittee.
F.
Access to private driveways shall be provided except
during working hours when construction operations prohibit provisions
for such access. Free access must be provided at all times for fire
hydrants.
G.
Excavated materials shall be hauled away. In order
to expedite the flow of traffic or to abate a dirt or dust nuisance,
the Director of Public Works may require the permittee to provide
toe boards or bins; and if the excavated area is muddy or causes inconvenience
to pedestrians, temporary wooden plank walks shall be installed by
the permittee as directed. If the street is not wide enough to hold
the excavated material without using part of an adjacent sidewalk,
the permittee shall keep open a clean and unobstructed passageway
on at least 1/2 of the affected sidewalk.
H.
Work authorized by a permit will be performed between
the hours of 7:00 a.m. and 5:00 p.m., Monday through Friday, unless
the permittee obtains written consent from the Township Manager to
do the work at an earlier or later hour. Such permission will be granted
only in case of an emergency or in the event that the work authorized
by the permit is to be performed in traffic congested areas.
I.
If blasting is required to be done in the course of
any excavation, it shall be done in strict compliance with all applicable
state laws and regulations.
J.
All work will be done in accordance with the Tredyffrin
Township standard details and specifications.
A.
All pavement cuts, openings and excavations shall be properly made,
backfilled and restored by the permittee to their preconstruction
condition and in accordance with the following specifications:
[Amended 10-1-2018 by Ord. No. HR-423]
(1)
All areas of road required to be restored per the terms of this section
shall be milled to a depth of at least 1.5 inches and then repaved
with 9.5 millimeters of hot asphalt or as otherwise required by the
permit issued by the Township for such pavement cut, opening or excavation.
(2)
Any project affecting at least 25 linear feet of roadway will require
milling and paving of the entire surface area defined by the length
of the area affected and the width measured from the exterior boundary
of the road to its center line.
(3)
Any project that affects area on both sides of the center line of
a road will require milling and paving of the entire width of the
roadway for the entire length of the area so affected.
(4)
Any project that requires more than one cut, opening or excavation
per 1,000 feet will require milling and paving of the entire area
measured by:
(5)
Any project requiring an opening, cut or excavation within a cul-desac
will require milling and repaving of at least the area consisting
of the half of the cul-de-sac containing the area affected. If the
areas opened, cut or excavated affect both halves of the cul-de-sac,
the entire area comprising the cul-de-sac will be milled and paved.
(6)
Any project requiring an opening, cut or excavation within an intersection
of one or more roads will require milling and repaving of a minimum
area consisting of:
(7)
Any project that requires opening, cut or excavation that crosses
the center line of a road in more than one location will require milling
and paving of the entire width of the road for the length of the area
opened, cut or excavated.
(8)
Notwithstanding any other provision of this section, if any project
requires opening, cut or excavation within a roadway that has been
paved within three years of the proposed commencement of work, restoration
will require milling and paving of the entire area of the roadway
that was paved within such three-year period.
(9)
All trenches dug in connection with pavement cuts, openings and excavations
shall require:
(a)
That the area to be saw-cut and restored for such trench be
two feet wider than otherwise necessary for the project (i.e., one
additional foot on each side); and
(b)
All temporary trenches shall be refilled with stone or other
substance acceptable to the Township Director of Public Works and
topped with a minimum of two inches of a hot asphalt material that
shall be level with the grade of the roadway, and shall be maintained
in such condition until the final milling and paving overlay is completed.
(10)
The Township Director of Public Works, in his or her sole discretion
and following a review of the permittee's plan, shall have the
authority to impose such additional specifications that are necessary
to ensure the safety and proper functionality of Township roads, intersections
and infrastructure located thereunder.
(11)
In the event of a project undertaken on an emergency basis requiring
opening, cut or excavation of Township roads, all required permits
must be applied for and submitted to the Township within 72 hours
of the commencement of work.
B.
The Director of Public Works, at any time, may inspect
the work authorized by a permit. The Director is authorized to provide
a full-time inspector if necessary to ensure compliance with the provisions
of this article.
C.
If any settlement or other defect occurs in a restored
area within a period of two years from the date of completion of the
permit restoration, any expense incurred by the Township in correcting
such settlement shall be paid by the permittee.
D.
In no case shall any opening or excavation made by
a permittee be considered in the charge or care of the Township or
any of its agents, officers or employees, and no such agent, officer
or employee is authorized in any way to take or assume any jurisdiction
over any such opening or excavation, except in the exercise of the
police power, when it is necessary to protect life and property; provided,
however, that the Township shall assume charge if and when it makes
the final restoration.
The permittee will notify the Township, in writing,
upon completion of all work accomplished under the provisions of the
permit. All restoration work shall proceed in a timely fashion. Work
for which a permit is issued shall be fully completed within 60 days
after the completion date slated in the application. In the event
that such work is not so completed, the Director of Public Works may
revoke such permit and effect the final completion of the work. Exceptions
may be made to extend above time limits for a reasonable period due
to season of year and/or weather conditions.
[Amended 10-19-1998 by Ord. No. HR-278]
Any person who willfully violates or permits
a violation of this article, upon being found liable therefor in a
civil enforcement proceeding, shall pay a fine of not less than $300
nor more than $600, plus all court costs, including reasonable attorney's
fees, incurred by the Township in the enforcement of this article.
No judgment shall be imposed until the date of the determination of
the violation by the District Justice and/or court. If the defendant
neither pays nor timely appeals the judgment, the Township may enforce
the judgment pursuant to the applicable rules of civil procedure.
Each day that a violation is permitted to exist after written notice
shall have been served on the violator by the Township shall constitute
a separate offense. Further, the appropriate officers or agents of
the Township are hereby authorized to seek equitable relief, including
injunction, to enforce compliance herewith.
[Adopted as Ch. VI, Art. 3, § 301, of the 1979
General Laws of the Municipality of Tredyffrin]
[Amended 10-18-2010 by Ord. No. HR-386]
A.
Clearing
of sidewalks. Not later than 30 hours after snow or sleet has ceased
to fall, it shall be the duty of all tenants or occupants of occupied
properties and the owners or agents in charge of unoccupied properties
abutting on public streets in Tredyffrin Township to clear or cause
to be cleared a pathway in the sidewalk in front of their respective
properties in the event of snow, or to cover the sidewalk with salt,
cinders, sawdust or similar ice-control materials in the event of
ice or sleet. Such pathway shall be not less than 24 inches in width
and shall be thoroughly cleared of snow and ice. To the extent that
the private property includes a fire hydrant, the same persons shall
be responsible for maintaining a cleared pathway to the hydrant.
B.
Depositing
of snow and ice in certain areas. Where snow and ice are removed from
the pathway, they shall not be piled or placed in the gutter, in any
stormwater sewer inlet, or obstructing any fire hydrant.
C.
Depositing
of snow and ice in public street prohibited. Snow and ice removed
from sidewalks, driveways and other private property shall not be
deposited, shoveled, pushed, thrown or plowed from any sidewalk, driveway,
parking lot or any other area onto any public street.
[Amended 10-19-1998 by Ord. No. HR-278; 10-18-2010 by Ord. No.
HR-386]
A.
Any person, firm, or corporation who or which violates or permits a violation of § 177-12A and/or B, upon being found liable therefor in a civil enforcement proceeding, shall pay a fine of not more than $300, plus all court costs, including reasonable attorney’s fees, incurred by the Township in the enforcement of § 177-12A. No judgment shall be imposed until the date of the determination of the violation by the District Magistrate and/or court. If the defendant neither pays nor timely appeals the judgment, the Township may enforce the judgment pursuant to the applicable rules of civil procedure. Further, the appropriate officers or agents of the Township are hereby authorized to seek equitable relief, including injunction, to enforce compliance herewith.
B.
Any person, firm, or corporation who or which violates or permits a violation of § 177-12C, shall be guilty of a summary offense, punishable by a maximum fine of $1,000 plus costs of prosecution for each offense and/or imprisonment not exceeding 30 days. Further, the appropriate officers or agents of the Township are hereby authorized to seek equitable relief, including injunction, to enforce compliance herewith.
C.
The continuation
of a violation for each successive day shall constitute a separate
offense, and the person or persons allowing or permitting the continuation
of a violation may be punished as provided above for each separate
offense.
Each day or part of a day in which any such
snow or ice remains after it should be removed shall constitute a
separate offense.
