GENERAL REFERENCES
Street construction — See Ch. 720.
[Prior History: Adopted by Ord. No. 337, 6-6-1978; as amended
by Ord. No. 513, 6-11-2008; Ord.
No. 518, 3-11-2009; by Ord. No. 558, 5-14-2015; repealed by 8-9-2023 by Ord. No. 594]
[Added 8-9-2023 by Ord. No. 594; as amended 11-8-2023 by Ord. No. 596]
The following words, when used herein, shall have the meanings
ascribed to them in this section, except in those instances where
the context clearly indicates otherwise:
Any person, as defined herein, who makes application for
a permit.
A fee charged for the excavation/opening of a road that has
been constructed or resurfaced within seven years of the date of application
for a street opening permit.
Any unforeseen circumstance which calls for immediate action.
The Township Engineer of the Township of Crescent, who shall
be a registered professional engineer in the State of Pennsylvania,
or his authorized representative or inspector.
The Township Foreman of Public Works, or his designee.
The approval issued to an applicant to perform any work covered
by the terms and conditions of this chapter.
Any person who has been issued a permit and has thereby agreed
to comply with all the terms and conditions of this chapter.
Includes any natural person, partnership, firm, association,
corporation, municipal authority or any other governmental entity.
Any public street, highway, road, easement, right-of-way
or alley within and under the jurisdiction of the Township of Crescent,
including that portion of any right-of-way which is improved and may
have curbs and/or sidewalks.
The Township of Crescent, Allegheny County, Pennsylvania.
Any and all activities of any kind or nature conducted by
a permittee, his agents, servants, employees, contractors, and subcontractors,
which involves, to any extent, any roadway of the Township of Crescent,
Allegheny County.
[Added 8-9-2023 by Ord. No. 594; as amended 11-8-2023 by Ord. No. 596]
A.
Permit required. No person shall make any tunnel, opening or excavation
of any kind in, on or under the surface of any roadway, without first
securing a permit from the Township for each separate undertaking.
Any person maintaining pipes, lines, or underground conduits, in or
under the surface of any roadway by virtue of any permit, authorization,
statute, ordinance or franchise may, however, proceed with an excavation
or opening without a permit when emergency circumstances demand that
the work be done immediately for the preservation of the public health,
safety or welfare, and, provided further, that a permit could not
reasonably and practically have been obtained beforehand. Such person
performing the emergency excavation shall, thereafter, file an application
for a permit, in accordance with the requirements of this chapter,
on the first business day of the Township, which permit shall be retroactive
to the date on which the emergency work was begun. The final determination
as to whether a situation is to be considered an emergency shall be
made by the Engineer or Foreman.
B.
Limitation. No permittee shall perform any work beyond that originally
authorized under this permit to an extent greater than 10% in excess
of that specified in the permit, unless such excess work is approved,
in advance, by either the Foreman or Engineer and the Township is
paid any additional fees occasioned thereby. Upon completion of any
additional work which is not covered by the original permit, the permittee
shall file a revised application with the Township reflecting the
revised scope.
C.
Bonds. All bonds or other financial security posted in connection
with issuance of the permit shall be deemed to cover all work which
is covered by any permit issued pursuant to this section.
D.
Emergency exploratory excavation. The provisions of this section
shall not apply to emergency excavations of any exploratory nature
made in order to determine the location of underground facilities;
however, the person doing the work shall, on the first day which the
office of the Township is open for business following completion of
the excavation, file an application for a permit in accordance with
the requirements of this chapter, which permit shall be retroactive
to the date the excavation was begun.
E.
Commencement of work. The work for which a permit is issued shall
commence within 60 days from the date of its issuance. If the work
does not commence by that date, the permit shall automatically be
considered to be revoked and, thereafter, a new permit for the work
will only be issued upon payment of a new permit fee and the renewal
of all necessary bonds. The permittee shall notify either the Foreman
or Engineer, at least 24 hours in advance, as to the date and time
when the work will be commenced.
F.
Nontransferable and nonrefundable. A permit is not transferable by
the permittee to any other person and the permit fees shall be nonrefundable.
G.
Expiration. A permit shall terminate at the end of the period of
time specified in the permit or upon completion of the work, whichever
occurs first. If the permittee is unable to complete the work within
the time specified in the permit, he shall, prior to its termination,
request an extension of time from either the Foreman or Engineer,
in writing, the Foreman or Engineer to be provided with the reason
for the requested extension. If the Foreman or Engineer determines
that an extension is necessary, he may grant the permittee such additional
time as he deems appropriate for completion of the work, subject to
an extension fee as set by resolution of the Township.
H.
Right to use roadway. All permits shall be issued subject to the
rights of the Township and the public to use any roadway which is
the subject of the permit, for all purposes for which such roadway
may lawfully be used.
I.
Revocation. A permit may be revoked by the Foreman or Engineer, after
written notice to the permittee, as the result of any one of the following:
1.
A violation of any condition of the permit.
2.
A violation of any provision of this chapter or any other applicable
statute, ordinance or regulation relating to the work.
3.
The existence of any condition or the performance of any act by the
permittee which constitutes or creates a nuisance, or which endangers
the safety or property of the public.
4.
Written notice of the revocation shall be served upon the permittee
or his agent. The notice shall contain a brief statement of the reason
for the revocation, and it shall be effective if delivered either
by personal delivery to the permittee, or his agent, or by mailing
same to the permittee at the address on the application, by placing
same in the United States Postal Service, certified mail, return receipt
requested.
J.
Exemption. The Creswell Heights Joint Authority and Moon Township
Municipal Authority are expressly exempted from the payment of the
application fee and degradation fee requirement set forth in this
chapter; however, both entities shall otherwise follow the requirements
and obligation set forth herein.
[Added 8-9-2023 by Ord. No. 594; as amended 11-8-2023 by Ord. No. 596]
A.
In order to receive a permit, the applicant shall:
1.
Complete and file a written application with the Township Manager
on the application form prescribed and furnished by the Township.
2.
No work shall be commenced by the applicant until the Foreman or Engineer has approved the application and the permit has been issued, other than in the case of an exception as set forth in § 740.02, above, which pertain to emergency work. By the filing of the application for a permit, the applicant agrees that he shall perform the work in accordance with the terms of this chapter, the permit, as issued, and all applicable laws and regulations pertaining thereto and that he shall be bound, in all respects, by the terms and conditions of this chapter.
3.
If not set forth on the application form itself, the applicant shall
file a plan which shows the extent of the proposed work for which
the permit is being requested. Such plans shall include all appropriate
dimensions and other information which may be required by the Foreman
or Engineer. In addition, the applicant shall provide three suitable
color photographs of the proposed work area(s) documenting the conditions
which exist prior to the start of any construction activities.
4.
Pay to the Township, at the time of filing of the application, such
fees for the permit as set forth below or as set from time to time
by resolution of the Board of Commissioners:
(a)
Application fee: $80, plus an amount determined in accordance
with the following schedule if the street in question was repaved
within five years of the date of the permit application: within one
year, an additional $40 per square yard of material to be disturbed
by the project; within three years, an additional $30 per square yard;
and within five years, an additional $20 per square yard.
(b)
Engineering/inspection fees: Actual cost of fees of Township
Engineer or another consultant with the minimum fee being $150.
7.
Present evidence, if requested by the Foreman or Engineer, that all
material, labor and/or equipment necessary to accomplish the work
are available to the applicant.
8.
A copy of the permit shall, at all times while the work is in progress,
be available at the site of the work and it shall be produced, upon
demand, to any authorized representative of the Township.
9.
Agree, by the filing of his application, to save the Township, its
Commissioners, officers, employees, and agents harmless and to indemnify
all, or any of them, from any and all claims, damages, suits, liabilities
and costs which may arise, or be claimed to arise, by reason of the
work, either as authorized or as actually undertaken by the permittee.
The issuance of a permit, or the doing of any work provided for by
this chapter, shall constitute the agreement, by the person doing
the work, to the provisions of this subsection, irrespective of whether
same is expressed elsewhere.
[Added 8-9-2023 by Ord. No. 594; as amended 11-8-2023 by Ord. No. 596]
A.
No excavation in any roadway shall extend beyond the centerline of
such roadway until the surface of the initial excavation is restored
to a condition which shall provide safe and convenient access for
pedestrian and vehicular traffic. At no time will the improved part
of a roadway be completely closed to vehicular or pedestrian traffic,
unless such closing is authorized, in advance and in writing, by the
Foreman or Engineer. If such closure is required, a traffic control
plan shall be prepared for approval by the Foreman or Engineer with
appropriate signage installed and maintained by permittee to safeguard
vehicular and pedestrian traffic until the roadway is reopened. Prior
to any roadway closures the permittee shall provide notice of such
closures to the Township Police Department, the Township Manager,
Fire Department, the School District if impacted by the road closure.
B.
No more than 50 feet, measured longitudinally, of any roadway shall
be opened until such time as the previously opened surface of the
roadway is restored to a safe and convenient condition for vehicular
or pedestrian traffic unless such opening is authorized, in writing,
by the Foreman or Engineer.
C.
The permittee shall be required to mill/pave/restore/resurface the
entire width of the roadway (curb to curb) by milling or other approved
method of preparation and resurfacing the entire length of the openings
plus 10 feet past the end of the openings and in compliance with all
other Township Specifications or as directed by the Foreman or Engineer.
If four or more cumulative openings are made within 200 linear feet
of pavement, the Foreman or Engineer may require that the Permittee
restore the entire width of the roadway (curb to curb) by milling
or other approved method of preparation and resurfacing the entire
length of the openings plus 10 feet past the end of the openings and
in compliance with all other Township Specifications or as directed
by the Foreman or Engineer.
D.
No excavation shall be made, or attempted, if it shall or may interfere
with any utility lines or other underground facilities, unless the
permittee has first secured the permission of the owners of all such
facilities.
E.
The permittee shall locate all underground facilities, including
sanitary sewers, storm sewers, gas lines, water lines, telephone and
electrical conduits and all other underground facilities, sufficiently
in advance of the commencement of the work in order that damage to
any such facilities be avoided, as well as to permit their relocation,
if necessary. The permittee shall also comply with all the utility
notification requirements of any applicable law including those of
PA Act 172, the Pennsylvania One Call System.[1]
[1]
Editor's Note: See 73 P.S. § 178.
F.
If an underground facility is damaged by the permittee, such damage
shall be repaired and/or restored by the permittee, as necessary in
accordance with the directions of the owner of the facility.
G.
No monument of granite, concrete, iron, steel, brass or other lasting
material shall be removed or disturbed, or caused to be removed or
disturbed, without the permittee first obtaining permission, in writing,
from the Foreman or Engineer to do so, in which case the permittee
shall pay the Township for all its expenses, including surveys, necessary
and incidental to all restoration or replacements of such monuments
by the Township.
H.
If a permittee shall cause any earth, sand, gravel, rock, stone,
or other material to be either deposited upon or caused to roll, flow
or wash onto any roadway and there is thereby created a nuisance or
a danger to the public health and safety, the permittee shall cause
all such material to be promptly removed from the roadway. In the
event any such material is not removed within eight hours after notification
to the permittee by the Foreman or Engineer to do so, the Township
may then take all steps necessary to accomplish such removal, the
costs of the removal to be paid to the Township by the permittee.
I.
The permittee shall, where required, provide flagmen and place all
such barriers, barricades, lights, warning flags, danger signs and
other safety devices around the work area as are reasonably necessary
to protect the health and safety of the public. All such safety requirements
and precautionary measures shall be based upon and conform, as applicable,
to the requirements set forth in, Pennsylvania Department of Transportation
Publications 212 and 213, latest editions. The permittee shall also
comply with any traffic control plan which forms part of the permit.
In the event the permittee fails to comply with the provision of this
subsection, the Township may take the necessary steps to compel compliance,
all costs incurred Township in so doing shall be paid to it by the
permittee.
J.
At all times while the work is in progress and prior to its completion,
the permittee shall maintain safe crossings for pedestrian and vehicular
traffic at all roadway intersections and, in addition, safe crossings
for pedestrians at intervals of not more than 300 feet. Two lanes
of traffic shall, where possible, be kept open at all intersections
by the installation of steel plates adequate to support all traffic
loads. All such steel plates shall be firmly secured and, where appropriate,
imbedded in bituminous material so as to withstand the normal flow
of traffic without displacement. If the size and character of the
excavation makes it impractical to use steel plates, the permittee
shall so advise the Foreman or Engineer at the time the application
for the permit is filed and the work shall not commence until the
Foreman or Engineer consents to the omission of the steel plates.
K.
The permittee shall maintain vehicular access to all private driveways,
except during working hours when construction operations prohibit
such access, the owner of any driveway which is affected to be notified
of such nonaccess, by the permittee, prior to the commencement of
the specific work. The permittee shall also ensure that there is free
access, at all times, to the fire hydrants in the area covered by
the scope of the work.
L.
To the extent that any excavated material may be permitted as backfill
material, all such excavated material shall be placed compactly along
the side of the trench so as to cause as little inconvenience and
danger as possible to vehicular and pedestrian traffic. When the Foreman
or Engineer deems it necessary, it order to expedite the flow of traffic
or to abate a dirt or dust nuisance, containment measures shall be
taken by the permittee to prevent the spread of excavated material
into traffic lanes. No excavated material shall be permitted to enter
any stormwater inlet or sanitary sewer. The permittee shall be required
to implement soil erosion and sedimentation control measures including
placement and maintenance of silt sacks in storm inlets. All excavated
material placed/stored on site deemed to be a nuisance or safety concern
by the Foreman or Engineer shall be removed daily from the site.
M.
The Foreman or Engineer may, in addition to the conditions set forth
herein, impose such other conditions upon the issuance of the permit
as may be reasonably necessary to protect the health and safety of
the public during the course of the work.
[Added 8-9-2023 by Ord. No. 594; as amended 11-8-2023 by Ord. No. 596]
A.
All excavations shall be backfilled with 2A limestone material in
accordance with PennDOT specifications, Form 408, latest edition,
and such material shall be thoroughly compacted by proper tamping.
The surface of the excavated area shall be restored to its original
or equal condition, unless permittee is authorized, by the Foreman
or Engineer, to the contrary.
B.
Restoration shall be done in accordance with the terms as set forth in the Street Opening Restoration as Exhibit 1 and attached to this chapter, which include but shall not be limited to the following:
1.
Sawcut one foot outside the initial excavation and remove temporary
paving and base to a depth of eight inches below the existing finished
surface;
2.
Thoroughly compact subbase;
3.
Place four-inch compacted depth of 25.0 mm Superpave Binder Material;
4.
Place two-and-one-half-inch compacted depth of 19.0 mm Superpave
Binder Material;
5.
Place one-and-one-half-inch compacted depth of 9.5 mm Superpave Wearing
Material;
6.
Immediately following paving operations, hand mop and seal all edges
where new pavement meets existing surfaces with AC-20 sealing material
7.
All bituminous pavement replacement shall be sealed with PG 64-22
Asphalt at all interfaces with existing pavement and at all penetrations
(manholes, inlets, valve boxes, etc.). Sealing of bituminous pavement
shall consist of minimum six-inch-wide joints centered along the interface
of the existing and new pavement.
C.
In the event that weather conditions or the availability of the required
final paving materials preclude the placement of such materials, the
permittee may install temporary bituminous cold patch material, no
less than two inches in depth, in the trench areas until such time
that suitable weather conditions prevail, and the final surfacing
materials are available.
D.
Existing pavement which is removed in the course of the work shall
initially be vertically saw cut, the full depth of the pavement, and
at the width of the proposed trench. Once all backfilling has been
completed, and immediately prior to the completion of trench area
paving, additional saw cutting shall be performed such that the existing
pavement shall be cutback a distance of at least one foot beyond the
outer limits of the trench in order to help bridge trench settlement.
All trench area paving shall be performed in straight lines or as
otherwise approved by the Foreman or Engineer. The vertical face of
existing asphalt pavements shall be treated with asphalt tack coat
to help ensure proper bonding of the new asphalt material to the existing
material.
E.
An applicant shall set forth, in detail on the application, all tunneling
or boring which is contemplated under a roadway.
F.
In the event any work performed by a permittee is deemed unsatisfactory,
in the opinion of the Foreman or Engineer, and if such unsatisfactory
work is not corrected in accordance with the instruction of the Foreman
or Engineer or, if the work is not completed within the time specified
in the permit, or any extension of time thereof, the Township may
proceed to correct such unsatisfactory work or complete any uncompleted
work, all costs thereby incurred by the Township to be billed to and
promptly paid by the permittee or through the permittee's bond,
provided further that the Township, in addition to any other remedy
that may possess, proceed in assumpsit against the permittee or contractor,
or may proceed against the property in a proper case to collect any
costs incurred by the Township, along with attorney fees and court
costs and interest at 6% per annum.
G.
All backfilling, as well as all other work, shall be accomplished
by the permittee with due diligence so that no roadway is obstructed
to a greater extent or for a longer period of time than is actually
necessary. If the work is not prosecuted with due diligence or, in
the opinion of the Foreman or Engineer, it does not comply with the
terms of this chapter, the permit or sound construction and/or engineering
practices, the Foreman or Engineer shall so notify the permittee and
the permittee shall then be required, within three days from his receipt
of such notice, to proceed to complete the work or correct any deficiency
in the work. If the permittee does not comply with the terms of this
notice, the Township may then proceed against the permittee who has
not complied with all the requirements of this chapter relative to
any prior permits issued to him, the Foreman, or the Engineer to be
the judge of such noncompliance.
H.
The Foreman or Engineer shall have the right to inspect all the work
and is also authorized to secure such outside inspection services
as may, in his judgment, be necessary in order to ensure compliance
by the permittee with the provisions of this chapter and the permit.
I.
Should settlement of a restored area of the work occur within a period
of one year from the date of completion of the permanent restoration
by the permittee, such settlement shall be considered conclusive evidence
of defective work and the Township may then take all action necessary
to correct the condition, the cost of such corrective action to be
paid the permittee or through the permittee bond.
J.
The Township shall not, in any way, be responsible for any part of
the work which is either omitted or improperly done by the permittee,
and no officer or employee of the Township is authorized to assume
any jurisdiction of or responsibility for such part of the work, except
when same becomes necessary in the exercise of the police power of
the Township in order to protect the public health and safety.
K.
If, in the judgment of the Foreman or Engineer, traffic conditions
or the public health, safety or convenience require that any part
of the work be performed as emergency work, the Foreman shall have
the authority to require that the permittee provide sufficient labor,
material and facilities on a 24-hour basis to complete that part of
the work as soon as possible.
[Added 8-9-2023 by Ord. No. 594; as amended 11-8-2023 by Ord. No. 596]
The applicant shall provide a certificate of insurance to the
Township, as part of its application for the permit, same to reflect
that the contractor, subcontractor or any other entity who shall actually
perform the work under the permit is insured against all claims for
bodily injury, including death, as well as all claims for property
damage, any of which may arise out if its performance of the work.
This insurance shall include completed operations and underground
coverages and it shall name the Township and Engineer as an additional
insured. The Foreman or Engineer may require increased limits in the
insurance coverage based upon the nature and extent of the work; however,
the minimum limits for bodily injury, including death, shall be $500,000
for each person and $1,000,000 for each occurrence and a minimum of
$250,000 for property damage for each occurrence.
[Added 8-9-2023 by Ord. No. 594; as amended 11-8-2023 by Ord. No. 596]
A.
Requirements. Each applicant shall provide the Township, prior to
issuance of the permit, with a permit bond to guarantee full performance
of the work authorized by the permit, the form of the bond to be substantially
that supplied to the Township. The amount of the bond shall be as
follows:
1.
For minor work, such as a lateral crossing or a driveway, the amount
of the cash or surety bond shall be $1,000.
2.
For such minor work, the applicant may deposit with the Secretary-Manager
a cash deposit or bond in the amount of $10,000 to cover the work
required under any permits issued to the applicant during the period
of one year following the date on which the cash deposit or bond is
deposited.
The Foreman or Engineer may, in the event that multiple permits
are to be issued to the same permittee, permit the applicant to furnish
one bond which shall be in such amount and subject to such terms as
the Foreman or Engineer deems necessary to cover all the work to be
done by the applicant under all such permits. Applicant may, with
Township approval, submit as an alternative to a bond, financial security
in the form of letter of credit, check or cash deposit.
B.
Default. In the event the Foreman or Engineer determines that there
has been a default in the performance of the work, it shall give written
notice of the default to the permittee and its corporate surety, if
any, on the bond. The notice shall state the action which is to be
taken to correct the default, the estimated cost of correction and
the time deemed reasonably necessary for its completion. If a notice
of default is issued to a permittee, the Township may condition issuance
of future road opening permits to such permittee upon submission of
cash bond security or a letter of credit in place of the bond required
herein and may deny issuance of a permit in a case where timely correction
of a default is not undertaken.
C.
Correction of default. In the event that, after receipt of the notice
of default, the default shall not be corrected by the permittee within
five days, then, in the case of a corporate surety, the surety shall
be required, within the time specified, to either cause the required
corrections be made or, in the alternative, pay to the Township a
sum equal to the estimated cost determined by the Foreman or Engineer
for the making of the corrections. Upon receipt of such funds, the
Foreman or Engineer shall then proceed to have the work completed;
however, no liability shall be incurred by the Township as a result
of any such action taken by it, other than its responsibility to see
to the proper expenditure of any funds so received by it.
D.
Term. The effective term of a bond shall commence on the date of
issuance of the permit, and it shall continue, in full force and effect,
until a date one year from the date of approval of the final restoration
of the work by the Foreman or Engineer.
E.
Annual bond for utilities. Public utilities may be required or permitted
to post an annual bond with the Township, at the discretion of the
Township Foreman or Engineer. The form and amount of the annual bond
shall be $5,000 unless it is determined by the Township Engineer or
Township Foreman, based on the amount, nature and frequency of road
openings and the permittee's prior experience, that the bond
shall be higher.
F.
Bonds pre-dating chapter. All existing standing bonds and/or similarly
dedicated escrow accounts possessed by the Township for street opening
purposes shall be declared void and returned to the owner, unless
the monies relate to a continuing performance bond, in which case
the monies will be distributed to the owner at the end of the performance
period.
[Added 8-9-2023 by Ord. No. 594; as amended 11-8-2023 by Ord. No. 596]
If, in the opinion of the Foreman or Engineer, the work to be
undertaken is such that it will affect any property which abuts or
adjoins the area of the work, the Foreman or Engineer may require
the permittee to give notice of the same to the owners and/or tenants
of each such affected property. In the case of disruption to electric,
gas, phone, water or cable services, the permittee will inform the
Township Manager, the Foreman and the Township Engineer of the expected
commencement and length of such disruption, such notice to be given
at a time not earlier than 48 hours and not later than 24 hours before
the disruption begins. Absent such notice, no disruption of said services
may commence, without approval of the Township Engineer.
[Added 8-9-2023 by Ord. No. 594; as amended 11-8-2023 by Ord. No. 596]
The Township Manager shall provide the Police and Fire Departments
operating within the Township with a copy of any permit which prohibits
or restricts the flow of traffic on any roadway and the permittee
shall be responsible for coordination between itself and the Police
and Fire Departments in order that the public safety be protected
during the course of the work.
[Added 8-9-2023 by Ord. No. 594; as amended 11-8-2023 by Ord. No. 596]
Any person, partnership, firm, corporation, or any other entity
which shall violate any provision of this chapter shall, upon conviction
thereof, be sentenced to pay a fine of not more than $1,000. Each
day that any violation of any provision of this chapter continues
shall constitute a separate offense.
