[Adopted 12-10-1997 by Ord. No. 97-09 (Ch. 21, Part 1, of
the 1994 Code)]
The following words and phrases, when used in this article,
shall have the meanings ascribed to them in this section, except in
those instances where the context clearly indicates otherwise:
Any person who makes application for a permit.
January 1 through December 31, inclusive.
Soil cement, plain cement concrete or reinforced cement concrete
and material contained in the base course of some Township streets.
Actual expenditures incurred by the Township for labor, equipment
and materials, which include all fringe benefits and overhead.
A fee paid by the permittee to the Township to defray a percentage
of the costs for resurfacing and reconstruction of Township streets
resulting from the depreciation of streets associated with street
openings.
The Department of Public Works.
Any condition constituting a clear and present danger to
life or property by reason of escaping gas, exposed wires or other
breaks or defects in the user's line. "Emergency" shall not include
ongoing maintenance work to upgrade, replace and/or repair the user's
line.
[Amended 10-14-2009 by Ord. No. 2009-06]
A fee paid by the permittee to the Township to defray street-opening
inspection costs.
The Administration Department of the Township and shall be
construed to include any employee of said office, as authorized by
the director of said office.
The Commonwealth of Pennsylvania, Department of Transportation.
Any Pennsylvania state road located within the municipal
boundaries of Spring Garden Township, York, Pennsylvania.
A fee paid by the permittee to the Township to cover the
cost of issuing, processing and filing the street-opening permit.
Any person who has been issued a permit and has agreed to
fulfill all the provisions of this article.
Any natural person, partnership, firm, association, utility
or corporation.
Any utility company, excluding corporate authorities of the
Township, franchised by the Public Utility Commission of the Commonwealth
of Pennsylvania.
A process which provides a new wearing surface in a certain
paved street area between curbs with the same material that was existing
prior to excavation.
The fee to be paid if any person shall open a street within
five years from the date of its reconstruction.
That portion of the street right-of-way reserved for sidewalks
or that area as defined on any Township plan.
The entire right-of-way of a public street, public highway,
public alley, public avenue, public road or public easement within
the Township limits, excluding the designated curb and sidewalk area.
Spring Garden Township.
The fund established and regulated by the Township and from
which the moneys may be designated for the resurfacing and reconstruction
of Township streets.
The public utility, municipal corporation, municipal authority,
rural electric cooperative or other person who or which uses a line
to provide service to one or more consumers.
Normal business day for the Township government, including
Monday through Friday, except designated holidays.
A.
The opening of the surface of any Township street is prohibited unless
a permit is obtained for that purpose in the manner hereinafter described,
except in situations which require the placement of utility poles.
Such permit shall be granted through the Administration Department
of the Township when a person applying for such permit files an application
with the office in compliance with the provisions of this article
and pays to the Township general fund the amounts prescribed therefor
as may, from time to time, be established by the Township and adopted
by resolution.
B.
Any person working in the vicinity of a Township street who in any
manner disturbs such street or who in any manner causes damage to
a street shall be required by this article to obtain a permit and
correct this damage in accordance with the standards of the office.
Street opening permits are not required for persons excavating adjacent
to the curb for the express purpose of installing or replacing sidewalks
and/or curbs, provided a building permit for the curb and/or sidewalk
has been obtained prior to such work.
C.
The obtaining of street-opening permits by Township departments shall
be waived when work to be performed is completed by their own personnel.
D.
If street openings are necessitated by emergencies, street-opening
permits shall be obtained on the first regular business day on which
the office of the Township is open for business, and such permit shall
be retroactive to the date when the work was begun.
E.
A person performing street openings for an emergency shall verify
the emergency nature of the circumstance, in writing, to the Department
within five days after such emergency on the street cut/opening application.
F.
For work on PennDOT roads within the Township limits, no Township
street excavation permit is required, but a PennDOT permit is required.
This permit can be obtained from the offices of Maintenance District
8-4 (York County, Pennsylvania, Department of Transportation, at its
present location at 1920 Susquehanna Trail North, P.O. Box 907, York,
Pennsylvania 17405-0907, or at any of its subsequent office locations.
A.
When the Township reconstructs or resurfaces any street, the office
shall first serve written notice by certified mail of such improvements
to all persons owning property abutting the street about to be improved
who are in violation of this article relative to curbs and sidewalks
and to all public utility companies operating in the Township. Within
90 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 connections and/or laterals existing under
the street and designated curb and sidewalk areas; notified persons
shall also complete, or cause to be completed, any new installations
under the street and designated curb and sidewalk areas required for
use within a five-year period thereafter.
B.
This section shall not forbid the installation of new pipes, conduits
or other services or structures or the repair or replacement of those
already existing, in or under the portions of such highways improved
as aforesaid, by penetrating the subsurface beneath paving in accordance
with Township ordinances and the directions of the office upon payment
of the same fees as prescribed by Township resolution, except for
the degradation fee for making a surface opening in the highway of
the same dimensions.
C.
If any person shall open the street within five years from the date
of reconstruction, there shall be imposed on that person a resurfacing
penalty.
Street-opening permits shall only be granted upon compliance
with the following express provisions:
A.
A written application shall be filed with the office for making all
street openings or excavations and signed by the person desiring such
permit.
(1)
Such application shall set forth:
(a)
The purpose for which such excavation is to be made;
(b)
The size and location of the same;
(c)
The full scope of work to be included in the project;
(d)
The date or dates during which such excavation is to be permitted;
(e)
The date such excavation is to be refilled and resurfaced in
the manner hereinafter provided; and
(f)
Shall provide that the applicant will faithfully comply with each
and every provision contained in this article.
(2)
An
applicant shall furnish a drawing of the proposed opening site upon
request of the office. 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 required for the purposes specified
and shall exhibit to the office a receipt for the amount paid. Public
utilities recognized by the Pennsylvania Public Utilities Commission
may be exempt from prepayment. Those exempt utilities will be issued
permits upon request followed by a monthly invoice for completed work.
C.
No permit shall be granted to any applicant unless the applicant
has paid to the Township any and all moneys then due to the Township
for prior excavations made or for any loss, damages or expense in
any manner occasioned by or arising from the work done by the applicant
under the provisions of this article.
D.
Each applicant agrees to save the Township, its officers, employees
and agents from any and all costs, damages and liabilities which may
accrue, or be claimed to accrue, by reason of such work to be done
by the applicant under the provisions of this article. The acceptance
of any permit under this article shall constitute such an agreement
by the applicant, whether the same is expressed or not.
E.
An applicant shall secure a certificate of insurance for liability
coverage with Spring Garden Township named as an additional insured,
have the certificate properly executed by the applicant's insurance
agency and provide the Township with a copy of same.
(1)
Properly executed certificates of insurance shall be filed with the
office 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 him.
(2)
Such insurance shall include protection against liability arising
from completed operations, underground utility damage and collapse
of any property. Liability insurance shall be in the amount of at
least $1,000,000.
(3)
Failure of an applicant to file a certificate of insurance shall
be a sufficient reason for denying a permit. The applicant shall save
and hold harmless the Township from any and all damages and liability
by reason of personal injury or property damage arising from work
done by the applicant under the provisions of this article.
A.
All persons, other than public utility companies or the Township
desiring to open a street, shall furnish a properly executed corporate
surety bond.
B.
All other persons desiring to open a street shall furnish a properly
executed corporate surety bond. Such bond shall be executed by a reputable
surety company licensed to do business in the Commonwealth of Pennsylvania.
C.
The bond shall cover street-opening work performed during one calendar year. The bond shall be in effect for a forty-eight-month period to cover all work for a period of 36 months in accordance with § 270-21.
D.
The amount of the surety bond shall be $5,000 unless any street excavation
and restoration work for a single project exceeds such amount. In
this case, a person shall secure additional bonding in an amount equal
to the difference between $5,000 and the actual costs of the proposed
restoration based on an amount per square yard set by Township resolution.
A.
A permit fee shall be paid to the Township prior to permit issuing,
the remaining inspection and degradation fee shall be paid when the
work is completed, inspected and measured by the Department. The Township
shall have the right to waive fees for contractors performing work
under contract with the Township.
B.
The permit fee shall be in the amount established and amended from
time to time by Township resolution.
C.
Degradation fee, inspection fee and resurfacing penalty shall be
calculated by actual measurement after the work is completed at a
rate per square yard set by Township resolution. The Township shall
place collected degradation fees and resurfacing penalties into the
Township general fund.
(1)
The degradation fee shall be waived for openings made on streets
maintained by the Pennsylvania Department of Transportation.
(2)
The number of square yards computed for the degradation fee, inspection
fee and resurfacing penalty will be based on the actual size of excavation,
including any pavement that must be removed to provide a one-foot
bench beyond the original trench wall.
A.
In all cases where a permit has been issued and the work set forth
in such permit has not been completed within a period of 12 months,
the permit becomes void and the permit fee shall not be refunded.
B.
A permit shall remain in effect for a period of 12 months. If the
work is not completed in this time period, a new permit shall be obtained
and an additional permit fee shall be required.
C.
No time extension shall be granted for a permit in which work has
not started within the twelve-month period. A new permit shall be
obtained if the same project location work is rescheduled.
D.
Reasonable time extensions, but not longer than three months, for
permitted work shall be granted when requested in writing and shall
only be honored for those types of projects that commenced during
the required twelve-month period and are of a size and scope that
reasonably support a request for an extension of time to complete.
A.
All street-opening permits are subject to revocation at any time
by the office after written notice to the permit holder of:
B.
Written notice of such violation shall be served upon the person
to whom the permit was granted or his agent or employee engaged in
the work. Such notice shall also contain a brief statement of the
reasons for revoking such permit; notice may be given either by personal
delivery thereof to the person to be notified or by United States
mail addressed to such person to be notified.
[Amended 10-14-2009 by Ord. No. 2009-06]
A.
Temporary restoration. The permittee may be required to place a temporary
surface over openings made in paved traffic lanes. Except when the
pavement is to be replaced before the opening of the cut to traffic,
the fill above the bottom of the paving slab shall be made with suitable
material well tamped into place, and this fill shall be topped with
a minimum of at least two inches of bituminous mixture which is suitable
to maintain the opening in good condition until permanent restoration
can be made. The crown of the temporary restoration shall not exceed
one inch above the adjoining pavement. The permittee shall exercise
special care in making such temporary restorations and must maintain
such restorations in safe traveling condition until such time as permanent
restorations are made. The asphalt which is used shall be in accordance
with the specifications of the Township Public Works Supervisor. If,
in the judgment of the Township Public Works Supervisor, it is not
expedient to replace the pavement over any cut or excavation made
in the street upon completion of the work allowed under such permit
by reason of the looseness of the earth or weather conditions, he
may direct the permittee to lay a steel plate or other suitable material
designated by him over such cut or excavation to remain until such
time as the repair of the original pavement may be properly made.
B.
Permanent restoration. Permanent restoration of the street shall
be made by the permittee in strict accordance with the specifications
prescribed by the Township Public Works Supervisor. Disturbed portions
of the street, including but not limited to slopes and appurtenances
and structures such as guide rails, curbs, signs, markings, drainpipes,
driveways and vegetation, shall be restored by the permittee to a
condition at least equal to that which existed before the start of
work authorized by the permit. Additional restoration may also be
required, upon written notification, to restore the structural integrity
of the pavement or shoulder.
(1)
If the permittee opens pavement having bituminous concrete surface
and the Township's wearing course is less than five years old,
the permittee shall, in accordance with the restoration conditions
outlined in the permit and in this section, overlay the pavement in
accordance with the following conditions:
(2)
When a longitudinal opening longer than 100 linear feet has been
made in the pavement, the permittee shall overlay the traffic lanes
in which the opening was made for the entire length of the street
that was opened in a manner authorized by the Township.
(3)
When two or more transverse openings have been made within 100 linear
feet of pavement, the permittee shall overlay traffic lanes in which
the openings were made for the entire length of the street between
the openings in a manner authorized by the Township.
(4)
When four or more emergency openings have been made within the first
five years by the same permittee within 100 linear feet of pavement,
the permittee shall overlay traffic lanes in which the openings were
made for the entire length of the street between the openings in a
manner authorized by the Township.
(5)
If disturbed lanes adjacent to undisturbed lanes are overlaid, the
edge of the disturbed lane shall be saw cut or milled to a depth of
1 1/2 inches or the depth of the existing surface course, whichever
is less, for the length of the opening to ensure a smooth joint, with
proper elevation and cross section. A full-width overlay may be authorized
on various streets instead of saw cutting or milling the disturbed
lane.
(6)
If disturbed lanes adjacent to shoulders are overlaid, the shoulder
shall be raised, with material and in a manner authorized by the Township
for the type of existing shoulder, so that the overlaid pavement and
shoulder edges are at the same elevation.
(7)
Notwithstanding the conditions set forth above, the Township Public
Works Supervisor shall have the authority to waive the payment of
the degradation fee and requirement to overlay a street and, in lieu
thereof, require the payment of a resurfacing penalty as established
by resolution of the Spring Garden Township Board of Commissioners
from time to time. In such event, the permittee shall restore the
street to a condition equal to that prior to the start of said excavation
work.
C.
Regardless of the age of the wearing course:
(1)
If more than 100 linear feet of longitudinal or transverse openings,
or both, are made in the pavement, the Township may require the permittee
to overlay traffic lanes in which the openings were made for the entire
length of street that was opened if the Township determines that the
rideability or structural integrity of the pavement has been impaired
by the openings.
(2)
If four or more openings are made by the same permittee within 100
linear feet of pavement, the Township may require the permittee to
restore the entire disturbed pavement between the openings by milling,
planing or other authorized method and overlaying the entire disturbed
pavement.
(3)
Notwithstanding the conditions set forth above, the Township Public
Works Supervisor shall have the authority to waive the payment of
the degradation fee and requirement to overlay a street and, in lieu
thereof, require the payment of a resurfacing penalty as established
by resolution of the Spring Garden Township Board of Commissioners
from time to time. In such event, the permittee shall restore the
street to a condition equal to that prior to the start of said excavation
work.
D.
The Township shall have the full authority to establish standards
for paving and backfilling materials and associated procedures. Details
specifying the standards established by the Township for paving and
backfilling procedures and materials shall be obtained from the office
prior to any street-opening work.
E.
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 may take steps to
backfill the trench and replace the street surface over the opening
for which the permit has been issued upon proper notification from
the office to the applicant. 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, costs and Township's attorneys'
fees incurred in the collection of this payment.
[Added 10-14-2009 by Ord. No. 2009-06]
An applicant shall comply with the following performance criteria
when undertaking any street opening within the Township:
A.
Routing of traffic. The permittee shall take appropriate measures
to assure that, during the performance of the excavation work, traffic
conditions as nearly normal as practicable shall be maintained at
all times so as to cause as little inconvenience as possible to the
occupants of the abutting property and to the general public, provided
that the Township Public Works Supervisor may permit the closing of
streets to all traffic for a period of time prescribed by him if,
in his opinion, it is necessary. The permittee shall route and control
traffic, including its own vehicles, as directed by the Township Chief
of Police. The following steps shall be taken before any highway may
be closed or restricted to traffic:
(1)
The permittee must notify the applicable police department, York
County Control (911), school district, and Township Public Works Department
of any street so closed.
(2)
Upon completion of construction work, the permittee shall notify
the Township Public Works Supervisor and Township Chief of Police
and applicable fire department before traffic is moved back to its
normal flow so that any necessary adjustments may be made.
(3)
In all cases, flagmen shall be furnished by the permittee at its
own expense. Through traffic shall be maintained without the aid of
detours, if possible. In instances in which this would not be feasible,
the Township Public Works Supervisor shall designate detours. The
Township shall maintain roadway surfaces of existing highways designated
as detours without expense to the permittee, but in case there are
no existing highways, the permittee shall construct all detours at
its expense and in conformity with the specifications of the Township
Public Works Supervisor. The permittee shall be responsible for any
damage caused to any street by the operation of its equipment.
(4)
The permittee shall, prior to the commencement of and during the
work authorized by the permit, including the work done on an emergency
basis, erect traffic warning signs in accordance with Pennsylvania
Department of Transportation, Publication 203, Work Zone Traffic Control.
(5)
All emergency work on any roadway that causes restrictions or disruptions
of normal traffic flow shall immediately be reported to the above
agencies by the permittee.
B.
Clearance for fire equipment. The excavation work shall be performed
and conducted so as not to interfere with access to fire stations
and fire hydrants. Materials or obstructions shall not be placed within
15 feet of fireplugs.
C.
Protection of traffic. The permittee shall erect and maintain suitable
timber barriers to confine earth from trenches or other excavations
in order to encroach upon highways as little as possible. The permittee
shall construct and maintain adequate and safe crossings over excavations
and across highways under improvement to accommodate vehicular and
pedestrian traffic at all street intersections. Vehicular crossings
shall be constructed and maintained of steel plates of adequate size
to accommodate vehicular traffic safely. Pedestrian crossings shall
consist of planking three inches thick, 12 inches wide and of adequate
length, together with necessary blocking. The walk shall be not less
than three feet in width and shall be provided with a railing as required
by the Township Public Works Supervisor. Notwithstanding anything
to the contrary set forth above, any and all requirements set forth
herein shall comply, at a minimum, with any Pennsylvania Department
of Transportation regulations.
D.
Removal and protection of utilities. The permittee shall not interfere
with any existing utility without the written consent of the Township
Public Works Supervisor and the utility company or person owning the
utility. If it becomes necessary to remove an existing utility, this
shall be done by its owner. The cost of moving utilities shall be
borne by the permittee unless it makes other arrangements with the
person owning the utility. The permittee shall support and protect
by timbers or otherwise all pipes, conduits, poles, wires or other
apparatus which may be in any way affected by the excavation work
and do everything necessary to support, sustain and protect them under,
over, along or across said work. In case any of said pipes, conduits,
poles, wires or apparatus should be damaged, they shall be repaired
by the agency or person owning them, and the expense of such repairs
shall be charged to the permittee, and his or its bond and cash deposit
shall be liable therefor. The permittee shall be responsible for any
damage done to any public or private property by reason of the breaking
of any water pipes, sewer, gas pipe, electric conduit or other utility,
and its bond and cash deposit shall be liable therefor. The permittee
shall inform itself as to the existence and location of all underground
utilities and protect the same against damage.
E.
Protection of adjoining property. The permittee shall at all times
and at his or its own expense preserve and protect from injury any
adjoining property by providing proper foundations and taking other
measures suitable for the purpose. Where, in the protection of such
property it is necessary to enter upon private property for the purpose
of taking appropriate protective measures, the permittee shall obtain
a license from the owner of such private property for such purpose,
and if he cannot obtain a license from such owner, the Township Public
Works Supervisor may authorize him to enter the private premises solely
for the purpose of making the property safe. The permittee shall at
its own expense shore up and protect all buildings, walls, fences
or other property likely to be damaged during the progress of the
excavation work and shall be responsible for all damage to public
or private property or highways resulting from its failure to properly
protect and carry out said work. Whenever it may be necessary for
the permittee to trench through any lawn area, the sod shall be carefully
cut and rolled and replaced after ditches have been backfilled as
required in this article. All construction and maintenance work shall
be done in a manner calculated to leave the lawn area clean of earth
and debris and in a condition as nearly as possible to that which
existed before such work began. The permittee shall not remove, even
temporarily, any trees or shrubs which exist in parking strip areas
or easements across private property without first having notified
and obtained the consent of the property owner or, in the case of
public property, the appropriate Township official having control
of such property.
F.
Protective measures. The permittee shall erect such fence, railing
or barriers about the site of the excavation work as shall prevent
danger to persons using the Township streets or sidewalks, and such
protective barriers shall be maintained until the work shall be completed
or the danger removed. At twilight there shall be placed upon such
place of excavation and upon any excavated materials or structures
or other obstructions to streets suitable and sufficient lights which
shall be kept burning throughout the night during the maintenance
of such obstructions. It shall be unlawful for anyone to remove or
tear down the fence or railing or other protective barriers or any
lights provided there for the protection of the public.
G.
Care of excavated material.
(1)
All material excavated from trenches and piled adjacent to the trench
or in any street shall be piled and maintained in accordance with
any and all York County Conservation District regulations and directives
in such a manner as not to endanger those working in the trench, pedestrians
or users of the streets and so that as little inconvenience as possible
is caused to those using streets and adjoining property. All excavated
material shall be stored and maintained in accordance with a preapproved
erosion and sedimentation plan. Where the confines of the area being
excavated are too narrow to permit the piling of excavated material
beside the trench, the Township Public Works Supervisor shall have
the authority to require that the permittee haul the excavated material
to a storage site and then rehaul it to the trench site at the time
of backfilling. It shall be the permittee's responsibility to
secure the necessary permission and make all necessary arrangements
for all required storage and disposal sites.
(2)
The permittee shall keep the improved area of the roadway free of
all material which may be deposited by vehicles traveling upon or
entering onto the highway during the work authorized by the permit.
(3)
The permittee shall be responsible for controlling dust and mud conditions
created by the permitted work.
(4)
As the work progresses, all excess excavated materials and materials
that are not suitable for backfill shall be removed and properly disposed
of by the permittee.
H.
Damage to existing improvements. All damage done to existing improvements
during the progress of the excavation work shall be repaired by the
permittee within 60 days from the date of notice from the Township.
Materials for such repair shall conform with the requirements of any
applicable code or ordinance. If upon being ordered the permittee
fails to furnish the necessary labor and materials for repairs, the
Township Public Works Supervisor shall have the authority to cause
said necessary labor and materials to be furnished by the Township
and the cost shall be charged against the permittee, and the permittee
shall also be liable on his or its bond and cash deposit therefor.
I.
Cleanup. As the excavation work progresses, all streets and private
properties shall be thoroughly cleaned of all rubbish, excess earth,
rock and other debris resulting from such work. All cleanup operations
at the location of such excavation shall be accomplished at the expense
of the permittee and shall be completed to the satisfaction of the
Township Public Works Supervisor. From time to time as may be ordered
by the Township Public Works Supervisor and in any event immediately
after completion of said work, the permittee shall at his or its own
expense clean up and remove all refuse and unused materials of any
kind resulting from said work, and upon failure to do so within 24
hours after having been notified to do so by the Township Public Works
Supervisor, said work may be done by the Township Public Works Supervisor
and the cost thereof charged to the permittee, and the permittee shall
also be liable for the cost thereof under the surety bond and cash
deposit provided hereunder.
J.
Protection of watercourses. The permittee shall provide for the flow
of all watercourses, sewers or drains intercepted during the excavation
work and shall replace the same in as good condition as it found them
or shall make such provisions for them as the Township Public Works
Supervisor may direct. The permittee shall comply with all Pennsylvania
Department of Environmental Protection and York County Conservation
District directives and regulations and obtain all necessary permits
prior to the issuance of any excavation permit. The permittee shall
not obstruct the gutter of any street but shall use all proper measures
to provide for the free passage of surface water. The permittee shall
make provision to take care of all surplus water, muck, silt or other
runoff pumped from excavations or resulting from other operations
and shall be responsible for any damage resulting from its failure
to so provide.
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 may take steps to
backfill the trench and replace the street surface over the opening
for which the permit has been issued upon proper notification from
the office to the applicant. 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, costs and Township's attorney's
fees incurred in the collection of this payment.
A.
The permittee shall assume all responsibility for the excavation
made by such party for refilling the same and for all damages caused
by the action of the permittee that may arise by reason of the digging
of such trenches or excavations. Whenever it is determined by the
office that, in the best interests of the Township, it is necessary
to assign additional street-opening inspectors to supervise excavation,
a backfill or pavement restoration operation, such inspectors shall
be paid by the permittee at a rate per day to be fixed by the office.
B.
The office is authorized to make such other rules and regulations
for the excavation of streets which it may deem necessary for the
proper maintenance of the street surface, which rules and regulations
shall be printed upon the permit granted or forwarded from the office,
in writing, from time to time.
C.
The permittee shall return the "notice of completion of street excavation" to the office when the permitted work is completed. At that time the Department will conduct a final inspection of the completed work and notify the permittee that the work has been inspected and the permittee will now be responsible to maintain and guarantee the work for 36 months (see § 270-22).
A street-opening permit shall be obtained for any test hole
work. No test holes shall be made in or upon a greater surface of
the highway than as specified in such permit and no excavation or
test holes shall interfere with any of the water pipes, sewers or
drains of the Township or any other underground utility service. Test
holes shall be backfilled in accordance with the provisions set by
the Township Engineer and the Department.
A.
All gutters shall be left open so as not to obstruct the free passage
of water, and the sidewalks and footways must be kept in a safe and
passable condition. All excavations or material from them shall have
sufficient lights and barricades placed upon them to identify them
from all directions at all times during the day and after dark.
B.
If for safety purposes the office deems it necessary to install additional
warning devices such as 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 office. The
Township shall invoice the permittee for rental and installation costs
incurred from the date of installation until the permittee installs
all required original or additional warning devices.
C.
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, costs and Township's
attorney's fees incurred in the collection of this payment.
If the permittee determines during construction that an additional
area of the street will have to be opened, he shall notify and secure
permission from the office for the additional opening. Upon receipt
of permission, the permittee shall file a supplementary application
for the work not later than the next workday and pay any additional
fee therefor. Fee schedules specified in this article, and as may
have been established and adopted by resolution, shall be utilized
for computing any additional fees required with supplementary applications.
The permittee shall guarantee and maintain his work for 36 months
from the completion of the restoration and replacement work. Within
this thirty-six-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
working days of receipt of such notification. The Department shall
determine the extent of 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 Public Works Supervisor.
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, costs and Township's attorney's
fees incurred in the collection of this payment.
A.
Any person violating any provision of this article shall, upon conviction
thereof, pay a fine not less than $500 nor more than $1,000 for each
and every offense together with costs and, in default of payment thereof,
shall be imprisoned not more than 30 days. Each failure to obtain
a permit or to comply with any of the requirements of this article
and each and every day during which such violation continues shall
constitute a separate offense.
B.
The Township reserves the right to deny the issuance of future street-opening
permits to any person who violates the provisions of this article.
This provision shall in no way prohibit or limit the right of the
Township to bring legal action against the permittee.
