[Adopted 9-10-2012 by Ord. No. 2012-07[1]]
[1]
Editor's Note: This ordinance also provided for the repeal of former Art. II, Street Excavations, adopted 9-9-1974 by Ord. No. 1974-7, as amended.
A. 
Except for emergencies, it shall be unlawful for any person, partnership, association or corporation to open, break or excavate the surface of the ground within the boundaries of any public highway, street, sidewalk or other right-of-way for any purpose, including the laying of pipes, sewers, drains, conduits, wires, cable, or other facilities of any description, or for making connections therewith or repairs thereto, or for the setting or planting of telegraph, telephone, trolley, electric, light, antenna, or similar poles, or for repairs thereto, or for any other purpose without first obtaining from the Township a street opening permit and complying with the requirements of the permit, this article, and all applicable federal, state and local laws and regulations.
B. 
Whenever the exigencies of public health or safety require that emergency repairs be made, and the procurement of a permit prior to the commencement of work is impracticable, an application for a street opening permit must be filed and the proper fee paid within 48 hours from the time when the emergency work first commenced, and provided further that any person, partnership, association or corporation performing the emergency work shall do so as though an application for a permit had been filed.
A. 
Application for a street opening permit shall be on a form prescribed by the Township and submitted to the Township in triplicate.
B. 
The application shall clearly state the purpose of the opening or excavation and provide a schedule with the beginning and ending dates of all planned work.
C. 
The application shall include a drawing indicating the location, including depth, of any underground facility and/or the height of any aboveground facility and showing the dimensions of the location of any intended facilities, width of the traveled roadway, right-of-way lines, and a dimension to the nearest intersecting street.
D. 
The application shall be accompanied by a fee in accordance with the schedule of fees established by the Township and any financial security established by the Township to guarantee restoration of the right-of-way.
E. 
The application must be signed by a person or by an authorized agent or officer of a partnership, association or corporation, who shall have filed with the Township financial security in a form approved by the Township Solicitor to guarantee completion of the work and to save harmless the Township from any and all damages to person or property accruing by reason of the work for which a permit may be issued, and who also shall have filed with the Township a certificate showing that liability insurance is carried in the amount of $1,000,000. Upon completion of the work, financial security shall be filed to guarantee maintenance of the highway for a period of one year after closing the opening or excavation.
F. 
Each application for a street opening permit shall be accompanied by an application for a right-of-way permit as applicable per Article V of this chapter.
A. 
Upon submission of all required application information, the Township shall review such information and either grant or deny a street opening permit within 30 days. The Township may impose conditions on the permit regulating the times, locations, and manner of work to preserve effective traffic flow, prevent hazardous road conditions and/or minimize noise impacts.
B. 
A permit shall be valid for no more than 60 days from the date of issue but may be extended by the Township upon request.
C. 
By the acceptance of a permit, the applicant agrees to assume any and all liability for all or any damages to person or property accruing to the public or to the Township which may or might result from the opening or excavation.
D. 
The issuance of a street opening permit for the laying of pipe, conduit, cable, wire, or other facility, or the erection of telegraph, telephone, trolley, electric, light, antenna, or similar poles, shall constitute an agreement on the part of the applicant that it will at any time thereafter, upon notice from the Township, at its own expense, make such change in location or construction of such facility as may be required.
E. 
The applicant agrees to file, upon completion of the work, as-built plans in a form acceptable to the Township Engineer.
A. 
Longitudinal openings or excavations of a public highway, street, sidewalk or other right-of-way shall require full depth restoration of the trench and, at a minimum, milling and overlay of the cartway from the curb (or edge of road) to the center line of the road. Additional milling and paving up to the full width of the road may be required by the Township, depending on the extent of the disturbance to the road.
B. 
When three or more openings are made in a street within 100 linear feet, the permit holder shall complete the permanent restoration of the street for the entire length of the road between the ends of the furthest openings, extending a minimum of the curbline (or edge of road) to the center line of the road.
C. 
Unless otherwise specified, permanent highway pavement restoration shall consist of, at a minimum, an eight-inch-thick bituminous concrete base course and a two-inch-thick wearing course, in accordance with the most recent Pennsylvania Department of Transportation standards. Additionally, edges of the excavation shall be cut back in binder and wearing courses 12 inches, and the finished edges shall be hot-sealed with an application of AC-20 bituminous sealer after placement of the wearing course.
D. 
Except for emergencies, excavations are not permitted in streets that have been built or overlaid within the previous three years, unless the applicant agrees to overlay the full width of the excavated section with 1 1/2 inches of ID-2 or similar Superpave. In the case of transverse crossings, the overlay shall extend a distance of 100 feet on either side of the excavation.
E. 
No public highway, street, sidewalk or other right-of-way shall be tunneled or undermined without written approval from the Township Engineer.
F. 
All openings and excavations shall be backfilled and closed, to the approval of the Township Engineer. All suitable excavated materials shall be placed back in the opening without raising the surface of the highway, street, sidewalk or right-of-way, due allowance being made for any facilities placed in the opening or excavation.
G. 
All backfilling must be done with suitable materials, thoroughly compacted, in uniform layers, not exceeding six inches in depth, and all surplus material must be removed from the site.
H. 
The surface of the highway, street, sidewalk or other public right-of-way shall be restored and a satisfactory guaranty shall be furnished, in writing, guaranteeing that the restoration is done in accordance with the requirements of the Township Engineer and will be maintained for a period of one year from the date of completion of permanent restoration. The restoration and maintenance shall be to the satisfaction of the Township Engineer.
I. 
Before commencing any work on a street opening or excavation, a street opening permit holder shall fully comply by registering with Pennsylvania's One Call System pursuant to 73 P.S. § 176 et seq., as may be amended from time to time.
J. 
Each permit holder shall perform construction activity in a manner consistent and in compliance with the detailed plans it submitted to the Township and all applicable federal, state and local laws and regulations.
K. 
All street openings or excavations made or obstructions created must be properly marked by barricades and flashing amber lights so placed as to indicate from the roadway in both directions the exact location and limits of said work or obstruction.
L. 
Whenever a permit holder damages a public right-of-way or Township property in the right-of-way, the permit holder shall restore such right-of-way or property within a period of 30 days.
M. 
A street opening or excavation, any facilities installed, and any equipment, materials or methods engaged in the work shall not endanger or interfere with the safety of persons or property within the Township.
N. 
All operating, maintenance, construction and repair personnel shall be thoroughly trained in the safe use of all equipment and materials and in the safe operation of vehicles. Such personnel shall follow all safety procedures required by applicable federal, state and local laws and regulations.
O. 
The permit holder shall routinely inspect and maintain all work areas so that conditions that could develop into safety hazards are corrected before they become a hazard.
P. 
Except in the case of an emergency, at least seven days prior to the commencement of any street opening or excavation, the permit holder shall notify nearby residents of such construction activity in a manner which is satisfactory to the Township. The name of the permit holder shall be clearly disclosed to such residents.
Q. 
All facilities shall be installed, where possible, parallel with existing sewer, water, gas, electric, telephone, cable and other utility lines.
A. 
Upon completion of work on a street opening or excavation, the permit holder shall give written notice of completion to the Township.
B. 
Upon notice of work completion, the Township shall inspect the work and, when necessary, enforce compliance with the conditions, restrictions and regulations prescribed by the permit. Where any settlement or defect in the work occurs, if the permit holder fails to rectify any such settlement or other defect within 30 days after written notice from the Township to do so, the Township may do the work and shall impose upon the permit holder the cost thereof.
A. 
Any person, partnership, association or corporation who shall violate any of the provisions of this article, or who shall fail to comply with the conditions or requirements of any permit granted in accordance with the provisions of this article, shall, upon conviction thereof, be liable to pay a fine or penalty not exceeding $1,000 for each and every offense.
B. 
A new and separate offense shall be deemed to have been committed for each day that a violation exists.
C. 
All fines and penalties imposed by this article are recoverable by summary proceedings before any District Justice in the Township, and all suits or actions at law instituted for the recovery thereof are to be in the name and for the use of the Township.