[Adopted 6-14-1982 by Ord. No. 1982-7 (Part 12, Ch. 1, Art.
B, of the 1976 Code of Ordinances)]
Except in those instances when the context indicates otherwise,
the following words and phrases, as used in this article, shall have
the following meanings:
Any person who makes application under this article for a
permit.
Any person who has been issued a permit under this article
and has agreed to fulfill all the provisions of this article.
Any natural person, partnership, firm, association, utility
or corporation.
Any utility company, excluding Township authorities, licensed
by the Public Utility Commission of the commonwealth.
The entire right-of-way of a public street, highway, alley,
road or easement within the geographical limits of the Township, but
shall not include any state-designated highway over which the Department
of Transportation of the commonwealth has jurisdiction.
The Township of Manheim, Lancaster County, Pennsylvania.
Any governmental corporation created by the Township pursuant
to the Commonwealth of Pennsylvania Municipality Authorities Act.[1]
[1]
Editor's Note: See 53 Pa.C.S.A. § 5601 et seq.
[Amended 12-8-2003 by Ord. No. 2003-20]
A.
No person or public utility shall excavate or open the surface of
any street without having first obtained a permit for that purpose
in the manner and subject to the conditions provided in this article.
Neither the Township, any Township department nor any Township authority,
the City of Lancaster ("city") or the Lancaster Area Sewer Authority
("LASA") shall be required to obtain a permit under this article;
however, any person or contractor performing work under contract with
the Township or a Township authority shall obtain a permit. Such exemption
shall only be applicable directly to the city and to LASA, and not
to any contractor or third party engaged by the city or LASA, and
shall only be applicable with respect to excavations or street opening
undertaken by the city or LASA in connection with the public sewer
or water systems of the city or LASA located within the Township.
B.
Although exempted from obtaining a permit under this section:
(1)
The city and LASA shall, except in the case of emergency excavations, provide the Township, by delivery to the Township Manager-Secretary, with written notification of any intention to undertake excavation or street opening, such written notification to provide the formation as otherwise required of an applicant under § 435-8 of this article.
(2)
The city and LASA shall provide to the Township, by delivery to the Township Manager-Secretary, prior to undertaking any nonemergency street opening or excavation, with proof of compliance with requirements of § 435-8B as to surety, § 435-8C as to insurance, and § 435-8D as to indemnity of the Township.
Street opening permits shall be granted upon compliance with
the following conditions:
A.
A written application signed and properly executed on behalf of the
applicant desiring to open the surface of or excavate any street shall
be filed with the Manager-Secretary or his designee. The application
shall state the name and address of the person or public utility intending
to perform the street opening or excavation work and, if different,
the name and address of the person or public utility for whom such
work is to be performed, the purpose for which such work is to be
performed, the size and location of the proposed work and the dates
upon which the work is to be commenced and completed.
B.
The applicant shall submit and pay, with the application, a permit
fee in the amount established by resolution of the Board of Commissioners
for each proposed to make an opening in excess of two square yards;
the applicant shall provide the Township with a surety bond or fund
to be held in escrow by the Township in lieu thereof, in a form designated
and approved by the Manager-Secretary and in an amount sufficient
to satisfy the cost of the work proposed in the application, as determined
by the Manager-Secretary.[1]
C.
The applicant shall furnish proof, satisfactory to the Manager-Secretary,
that the applicant is insured in a reasonable amount, satisfactory
to the Manager-Secretary, against liability for any and all claims,
including personal injury and property damage claims which may arise
from or out of the performance of the excavation work, whether such
work is to be performed by the applicant or by anyone employed by
the applicant.
D.
The applicant shall be responsible for and shall agree to save the
Township, its Board of Commissioners, officers, employees and agents
harmless from any and all costs, damages, liabilities, claims or causes
of action which may arise or be claimed to arise by reason of the
work to be performed in the application. The acceptance of any permit
under this article shall constitute an agreement by the applicant
to so save the Township, its Board of Commissioners, officers, employees
and agents harmless, whether or not so expressed in the permit as
issued.
E.
No excavation work, except emergency utility work as provided in § 435-9, shall be commenced until a permit is issued.
F.
The Manager-Secretary shall review each application and grant or
deny a permit to the applicant upon completion of the review. If a
permit is issued, the permittee shall be provided with a street opening
release card, which shall be addressed to the office of the Manager-Secretary
and shall be in a form designated by the Manager-Secretary.
G.
No permit shall be issued until the applicant shall have paid to
the Township all moneys then due the Township upon any prior excavation
or excavations or for any loss, damage, or expense incurred by the
Township by reason of any prior excavation or excavations.
Public utilities may make excavations without a permit in emergency
situations, but shall apply for a permit within two business days
from the date such emergency work was begun.
A.
The permittee shall provide all barricades, flashers, flares, signs,
fencing, plating and all other devices necessary for the proper protection
of the public and the regulation of traffic during the time a street
is under excavation and until such work is completed. The permittee
shall provide trench shoring to protect workers, inspectors and all
personnel involved with the excavation and as may be required by law.
B.
No more than 200 feet of excavation measured longitudinally shall
be opened in any street at any one time. Accesses to private properties
adjacent to the excavation shall be maintained for emergency vehicle
traffic at all times. No street shall be closed entirely to traffic
at any time, unless written permission to so close an entire street
to traffic is granted by the Manager-Secretary.
C.
The permittee shall remove all excavated materials from the site
and dispose of such materials at the permittee's expense. After
the work is completed, the excavation shall be backfilled with crushed
stone and thoroughly tamped to stabilize the base to prevent any and
all shrinkage. No stones over three inches in diameter shall be used
in such backfilling. The disrupted cartway area shall receive a temporary
wearing surface of asphalt cold patch mix until the time of permanent
restoration of the excavation. It shall be the responsibility of the
permittee to maintain inspection of and complete all rehabilitation
work on the street openings during the time the temporary paving is
in place.
D.
The permittee shall immediately remove any earth or other excavated
material which rolls, flows, spreads or washes upon any street.
A.
The permittee shall be responsible for the permanent restoration
of the street upon completion of excavation and closing. The permittee
shall use materials of the same type and depth of the materials in
the existing street. Any and all disrupted entities shall be replaced
in the same condition as existed prior to removal. All backfilling,
paving and associated procedures shall conform to Township specifications.
The Township shall establish standards for backfilling and paving
materials and procedures. Details specifying backfilling and paving
procedures and materials shall be obtained from the Manager-Secretary
prior to commencement of any street opening or excavation work.
B.
The permittee shall complete final restoration within the period
of six months from the date of issuance of the permit. Upon completion
of final restoration work, the permittee shall personally deliver
or mail by first-class mail, postage prepaid, the street opening release
card to the office of the Manager-Secretary.
The permittee shall guarantee and maintain his work for 12 months
from the date on which the Manager-Secretary actually receives the
permittee's street opening release card. Within such twelve-month
period, the permittee shall, upon receipt of a written notification
from the Manager-Secretary, perform or cause to be performed any and
all necessary work then required to correct any defect which has arisen
in or to correct the restoration work previously performed. The Manager-Secretary
shall determine the extent and methods of corrective work which shall
be required. Should the permittee fail to perform such required corrective
work within five days of receipt of written notification from the
Manager-Secretary, the Township, at its discretion, may complete such
work and shall invoice the permittee for the actual total expense
incurred by the Township to perform the work, including expense incurred
for labor, equipment, materials, plus 10% of the amount of such total
expense. Upon the permittee's failure to pay the amount of such
invoice within 30 days of the invoice date, the invoice amount, as
well as all fees and costs involved in collection of that amount,
shall be chargeable against the posted bond or escrowed fund.
[Amended 12-12-1994 by Ord. No. 1994-28[1]]
Any person or public utility who or which violates any provision
of this article shall, for every such violation, be subject to a fine
or penalty of not less than $50 nor more than $1,000, and costs, provided
that each failure to obtain a permit, or, if a permit has been obtained,
each failure to comply with any requirement of this article and each
day on which such violation continues, shall constitute a separate
violation. The Township reserves the right to deny the issuance of
permits to any person or public utility under this article if that
person or public utility has previously violated any provision of
this article.
