[Ord. 2000-4, 10/18/2000, § 2]
The following words, when used in this Part, shall have the
meanings ascribed to them in this Section, except in those instances
where the context clearly indicates otherwise:
Any activity within the right-of-way of any street, alley
or cartway which involves cutting, breaking or disturbing the surface
thereof. In this Part, the term "opening" shall have essentially the
same meaning as excavation.
Any public street, avenue, road, square, alley, highway or
other public place located in the Township of Londonderry and established
for the use of vehicles, but shall not include State highways.
[Ord. 2000-4, 10/18/2000, § 2]
It shall be unlawful for any person to open or to make any excavation
of any kind in any of the streets in the Township of Londonderry without
first securing a permit therefore, from the Township. Application
shall be made to the Township for permit. Drawings and/or text shall
be provided to clearly describe the work, including the exact location
of the proposed excavation and the size thereof. The applicant shall
defend and keep harmless the Township of Londonderry from and indemnify
it against any and all actions, suits, demands, payments, costs and
charges resulting from the applicants work or in anyway relating thereto.
The applicant shall pay a permit fee in the amount fixed according
to a schedule established pursuant to resolution. The work authorized
by the permit is subject to all the provisions of the Act of December
10, 1974, P.L. 854, No. 287, 1 et seq., as amended. It shall be the
permittee's responsibility to contact all utilities.
[Ord. 2000-4, 10/18/2000, § 2]
Any person who shall open or excavate any street in the Township
of Londonderry shall thoroughly and completely refill the opening
or excavation in such a manner as to prevent any settling thereafter
and shall restore the surface to the same condition as it was before
the opening or excavation and such restoration shall be in accordance
with the specification of the Department of Transportation of the
Commonwealth of Pennsylvania which are hereby adopted as specifications
of the Township of Londonderry, as restored; the surface shall conform
to the proper grade and be of the same surface covering as the part
of the thoroughfare immediately adjoining the opening. If within two
years after the restoration of the surface as herein provided, defects
shall appear therein resulting from defective backfilling by the applicant,
the applicant shall reimburse the Township of Londonderry for the
cost of all necessary repairs to the permanent paving.
[Ord. 2000-4, 10/18/2000, § 2]
1.
No opening or excavation in any street shall extend from the curbline
or right-of-way if curb does not exist, into the highway a distance
greater than one foot beyond the center line of the street before
being refilled and the surface of the highway restored to a condition
safe and convenient for travel.
2.
No more than 100 feet longitudinally shall be opened in any street
at any one time.
3.
Traffic control shall be provided in accordance with Pennsylvania
Department of Transportation Publication 203, Work Zone Traffic Control
(Chapter 203).
4.
The work of excavation shall be so conducted as not to interfere
with the water mains, sewers or their connections with the houses
or any other subsurface lines or constructions, until permission of
the proper authorities in connection with subsurface lines or constructions
shall have been obtained.
5.
No tunneling shall be allowed without the express approval of the
Township and permission therefore endorsed upon the permit. The backfilling
of a tunnel excavation shall be made only in the presence of the Township
or an inspector designated by the Township and shall be done only
in a method approved by him.
6.
All openings or excavations shall be backfilled with a twelve-inch
layer of ASSHTO No. 8 stone over the utility, then modified 2A stone
thoroughly compacted in layers, each of which layers shall not exceed
eight inches in depth. Backfilling shall be placed to bottom of paving
subgrade. Backfill shall be compacted to 95% modified proctor.
7.
Permanent paving shall be comprised of five inches of BCBC, two inches
of binder course and one inch of wearing course. Paving shall be on
2A stone as described above.
8.
A temporary paving of coldpatch premix, thoroughly bound and compacted,
shall be installed flush with the surface of the adjoining paving
and maintained for a period of 90 days. If the initial coldpatch occurs
between October 15 and March 15, then the permittee shall maintain
said coldpatch until March 15, at which time the final restoration
shall be completed within 30 days.
9.
On concrete base streets, such base shall be replaced with concrete
matching thickness of adjacent/existing concrete base and the minimum
size of the opening or excavation shall be 16 square feet. Doweling
shall be provided as directed by Code Enforcement Officer.
10.
During the making of any excavation in the street, every necessary
and reasonable precaution shall be taken by the applicant and the
parties making the same to keep the street in a safe and passable
condition both day and night by guards, barriers, lanterns and other
devices and all excavating permits granted hereunder are granted under
and subject to the express condition that the person to whom the same
is issued shall indemnify, save and keep harmless the Township of
Londonderry from any loss in damages, or otherwise whatsoever, which
may or shall be occasioned at any time by the said excavation or by
any leak, explosion or other injury from any pipe, apparatus, conduit
or any other matter placed in the said excavation.
11.
The applicant shall notify the Code Enforcement Officer when the
opening or excavation is ready for backfilling before any backfilling
is done, when backfilling work is completed, when the temporary paving
has been installed and when the street has been permanently restored
so that inspections may be made.
12.
In the event that any work performed by or for a permit holder shall,
in the opinion of the Code Enforcement Officer be unsatisfactory and
the same shall not be corrected in accordance with his instructions
within the time fixed by him, or in the event that the work for which
the permit was granted is not completed within the time fixed by the
Code Enforcement Officer, the Township of Londonderry may proceed
to correct such unsatisfactory work or complete any such work not
completed and charge the cost thereof, plus 20% to the applicant.
[Ord. 2000-4, 10/18/2000, § 2]
In the case of any leak, explosion or other accident in any
subsurface pipe, line, construction or apparatus, it shall be lawful
for the person owning or responsible for such pipe, line, construction
or apparatus to commence an excavation to remedy such condition before
securing a permit; provided, that application for a permit shall be
made immediately and not later than the next business day thereafter
and that all other provisions of this Part are fully complied with.
If any such emergency condition shall not be immediately attended
to by the owner or person responsible for such pipe, line, construction
or apparatus, the Code Enforcement Officer, after such notice as he
shall deem necessary under the circumstances of the particular case,
shall proceed to do the work necessary and required by such emergency
and charge the same on the basis of cost plus 20% to such owner or
person.
[Ord. 2000-4, 10/18/2000, § 2]
The permission herein granted does not confer upon the permittee
or its contractors the right to cut, remove or destroy trees or shrubbery
within the legal right-of-way except under specification, regulations
and conditions as the Township of Londonderry may prescribe.
[Ord. 2000-4, 10/18/2000, § 2]
The Code Enforcement Officer shall give timely notice to all
persons owning property abutting on any street within the Township
of Londonderry about to be paved or improved and to all public utility
companies operating in the Township of Londonderry and all such persons
and utility companies shall make all water, gas or sewer connections,
as well as any repairs thereto which would necessitate excavation
of the said street within 30 days from the giving of such notice,
unless such time is extended, in writing, for cause shown by the Code
Enforcement Officer. New paving shall not be opened or excavated for
a period of five years after the completion thereof, except in case
of emergency, the existence of which emergency and the necessity for
the opening or excavating of such paving to be determined by the Code
Enforcement Officer. If it is sought to excavate upon or open a sewer
within five years after the completion of a paving applicant shall
make written application to the Board of Supervisors and a permit
for such opening shall be issued only after express approval of the
Board of Supervisors.
[Ord. 2000-4, 10/18/2000, § 2]
If at any time in the future the roadway is widened, reconstructed
or the alignment or grades are changed, the permittee further agrees
to change or relocate all or any part of the structures covered by
this permit which interfere with the improvement of the roadway at
its own cost and expense.
[Ord. 2000-4, 10/18/2000, § 2]
No company, corporation or association shall dig up any street
or alley without first giving to the Township of Londonderry a bond
with some acceptable trust or surety company as surety in the sum
determined by the schedule of fee, conditioned for the faithful performance
of these provisions and also for any and all damages, claims, demands,
suits, costs and counsel fees occasioned or arising from the digging
up, opening or closing of said street and alleys.
[Ord. 2000-4, 10/18/2000, § 2]
Payment for all work done by the Township of Londonderry under
the provisions hereof and the permit shall be made by the person made
liable therefore under the provisions hereof within 30 days after
a bill therefore is sent to such person by the Township of Londonderry.
Upon failure to pay such charges within such time. The same shall
be collectible by the Township of Londonderry by an action in assumpsit
or in the manner provided by law for the collection of municipal claims.
