[Ord. 305, 5/2/1966, § 1]
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 natural person, partnership, firm, association or corporation,
or either private or public utility.
Any public street, avenue, road, square, alley, highway or
other public place located in the Township of Elizabeth and established
for the use of vehicles. In this Part, the singular shall include
the plural, and the masculine shall include the feminine and the neuter.
[Ord. 305, 5/2/1966, §§ 2, 3]
1.
It shall be unlawful for any person to open or to make any excavation
of any kind in any street in the Township of Elizabeth except in and
upon those portions thereof established for the use of vehicles.
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 Elizabeth without
first securing a permit therefor as hereinafter provided.
[Ord. 305, 5/2/1966, § 4]
Any person who shall desire to make any opening or excavation
in any of the streets in the Township of Elizabeth shall make application
to the Township Secretary in writing for the purpose. Such application
shall be made upon blanks to be furnished by the Township and shall
set forth the name of the applicant, the exact location of the proposed
opening or excavation, and the approximate size or depth thereof and
shall contain an agreement on the part of the applicant that the work
shall be done in full compliance with the ordinances of the Township
and the laws of the commonwealth in relation thereto and that the
applicant shall well and truly save, defend and keep harmless the
Township from and indemnify it against any and all actions, suits,
demands, payments, costs and charges for or by reason of the proposed
opening or excavation and all damages to persons or property resulting
in any manner therefrom or occurring in the prosecution of the work
connected therewith or from any other matter, cause or thing relating
thereto.
[Ord. 305, 5/2/1966, § 5; as amended by Ord. 561,
6/1/1987; and by Ord. 882, 7/5/2011]
Before any permit shall be issued to open or excavate any street
in the Township, the applicant shall pay to the Township Secretary
a permit fee, as established by resolution of the Board of Commissioners,
to cover the cost of inspection and other incidental services in connection
therewith. When application shall be made to open or excavate any
longitudinal opening or excavation, the applicant shall pay, in addition
to such minimum fee, an additional fee, as established by resolution,
for each 120 feet or fraction thereof to be opened or excavated upon
such street.
[Ord. 305, 5/2/1966, §§ 6, 7; as amended by
Ord. 882, 7/5/2011]
1.
Any person who shall open or excavate any improved street in the
Township shall thoroughly and completely refill the opening or excavation,
compacting and ramming so 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 specifications of the Department of Transportation of the
Commonwealth of Pennsylvania, Publication 408, latest revision, which
are hereby adopted as specifications of the Township for restoration
of surfaces of streets in the Township; 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 for the
cost of all necessary repairs to the permanent paving. Work shall
conform to the Township standard details attached.
2.
All other work in connection with openings in any street, including
excavation, protection, refilling and temporary paving, shall be done
by the applicant at his expense; and all such work shall be subject
to the provisions of this Part and to the supervision and approval
of the Township Road Supervisor, provided that the Road Supervisor
may require that cutting of the surface of improved streets and the
backfilling of all excavations therein shall be done by the Township,
and the charge therefor shall be paid by the applicant on the basis
of actual cost of the work 20%.
[Ord. 305, 5/2/1966, § 8; as amended by Ord. 561,
6/1/1987]
In addition to any other fees or inspection costs provided herein,
the applicant shall deposit with the Township Secretary a sum, as
established by resolution, as security for the work done under this
Part. Any public utility doing any work under this Part shall have
the right to file a continuing bond in an amount acceptable to the
Board of Commissioners, covering work to be done under this Part.
[Ord. 305, 5/2/1966, § 9; as amended by Ord. 882,
7/5/2011]
1.
No opening or excavation in any street shall extend from the curbline
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 300 feet longitudinally shall be opened in any street
at any one time.
3.
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 such subsurface lines or
constructions shall have been obtained.
4.
No tunneling shall be allowed without the express approval of the
Public Works Manager and permission therefor endorsed upon the permit.
The backfilling of a tunnel excavation shall be made only in the presence
of the Public Works Manager or an inspector designated by him and
shall be done only in a method approved by him.
5.
All openings or excavations shall be backfilled promptly with suitable
materials and thoroughly compacted in layers, each of which shall
not exceed six inches in depth. On improved streets, the backfilling
shall be placed to within eight inches of the surface when hot-mix
materials are not available.
6.
On improved streets, a temporary paving of suitable cold patch material,
thoroughly bound and compacted, shall be installed flush with the
surface of the adjoining paving. As soon as hot-mix materials are
available and weather is suitable, the temporary cold patch shall
be removed and replaced with the paving materials.
7.
During the making of any excavation in any 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 day and night by guards, barriers, lanterns, road plates
and other devices. Excavating permits 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 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.
8.
The applicant shall notify the Public Works Manager when the opening
or excavation is ready for backfilling, before any backfilling is
done, and when the work is completed by proper backfilling in the
case of unimproved streets and by temporary paving in the case of
improved streets.
9.
In the event that any work performed by or for a permit holder shall,
in the opinion of the Public Works Manager, 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
Public Works Manager, the Township may proceed to correct such unsatisfactory
work or complete any such work not completed and charge the cost thereof,
plus 20%, to the applicant.
10.
In all cases where an excavation is made, regardless of size, on
a road that has been paved within the last six years, the entire road
surface shall be paved from curb to curb and 10 feet beyond the beginning
and end of the excavation.
[Ord. 305, 5/2/1966, § 10]
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 Road Supervisor, 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. 305, 5/2/1966, § 11]
The Road Supervisor shall give timely notice to all persons
owning property abutting on any street within the Township about to
be paved or improved and to all public utility companies operating
in the Township; 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 Road Supervisor. New paving shall not be opened
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 of such paving to be determined by the Road Supervisor.
If it is sought to excavate upon or open a street within five years
after the completion of the paving thereof for any reason than an
emergency as above stated, the applicant shall make written application
to the Road Supervisor, and a permit for such opening shall only be
issued after express approval of Commissioners.
[Ord. 305, 5/2/1966, § 12]
No new water or gas main shall hereafter be laid or constructed
and no existing water or gas main shall be extended in any of the
streets of the Township until the exact location thereto and the plan
therefor shall have been first approved by the Township Commissioners.
[Ord. 305, 5/2/1966, § 13]
Payment for all work done by the Township under the provisions
hereof shall be made by the person made liable therefor under the
provisions hereof within 30 days after a bill therefor is sent to
such person by the Township. Upon failure to pay such charges within
such time, the same shall be collectible by the Township in the manner
provided by law for the collection of municipal claims.
[Ord. 305, 5/2/1966, § 14; as amended by Ord. 561,
6/1/1987; and by Ord. 577, 8/1/1988, § 2W]
Any person, firm or corporation who shall violate any provision
of this Part 1 shall, upon conviction thereof, be sentenced to pay
a fine of not more than $1,000 and/or to imprisonment for a term not
to exceed 90 days.
[Ord. 838, 6/4/2007, §§ 1, 2]
Chapter 67 of Pa. Code Chapter 459, § 459.8, Special
Condition Surface Operations, is hereby incorporated by reference
and attached hereto as an amendment to this Part, known as the "Street
Excavation Ordinance," with the following exceptions and revisions
as set forth below:
A.
All references in 67 Pa. Code, Chapter 459, § 459.8, to
"department," where district office shall be department office, shall
be defined as the Township of Elizabeth.
B.
With respect to benching across an improved area under § 459.8(B)
67 Pa. Code, § 459.8, Trenching Across Approved Area, at
Paragraph (b)(2)(ii)(c), the department waives the requirement for
drilling, boring, driving or tunneling.
C.
With respect to Paragraph 459.8, Subparagraph (h), restoration of
flexible base pavements, all references to "ID-2" materials are hereby
revised to "Superpave" equivalent. Additionally wearing surface shall
be "9.5 mm fine grade wearing," all according to PaDOT Form 408, most
recent revision.
