[Ord. 03-13, 12/11/2003, § 1]
It shall be unlawful for any person, firm, partnership, corporation,
authority or other entity to make any opening or cut in any public
street or way or excavation in, for or under any street, alley or
thoroughfare or to develop, construct or install any utility, sewer,
water or gas lines in the streets of or within the limits of said
Township of Susquehanna unless and until a permit therefor be secured
from the Township Secretary for each separate undertaking. Such permit
and the application therefor shall be in the form prescribed by said
Secretary and for the purpose enumerated therein, and shall contain
the further statement that the applicant agrees to the terms of this
Part and that the same be accompanied by a bond or security in a form
acceptable to the Township Secretary and payable to the Township of
Susquehanna as set forth hereinafter. Permits herein required include
a permit to open sanitary sewers or to make an excavation in connection
therewith or for any cut or opening in any public street or way. The
police officers, Code Enforcement Officer or Secretary of the Township
shall promptly prohibit any work being done without proper permit
or contrary to the terms hereof.
[Ord. 03-13, 12/11/2003, § 1]
The charge for said permit shall be as established by resolution by the Board of Commissioners for each separate undertaking except poles as stated in § 21-203. The application for the permit and every such permit shall specify a time and include a plan of said opening, construction or excavation when said opening or excavation shall begin and end, or the time when the same is to remain open and the place where said opening, construction or excavation may be made, together with the probable length, width and depth thereof, and such further information as the Secretary may require; and any additional surface to be disturbed, and any additional time required must be endorsed or set forth on the permit by said Secretary, provided that emergency breaks or leaks may be repaired and a permit therefor secured within 24 hours. Extension of the time beyond that set forth in the original permit may be granted on payment of an additional fee for each day, provided that in no event may a cut or opening in a public street or way exist longer than 10 days.
[Ord. 03-13, 12/11/2003, § 1]
The charge for said permit for the erection or replacement of
utility poles, whether within the cartway or with the area of dedication
of any street, alley or thoroughfare, shall be as established by resolution
of the Board of Commissioners in every permit issued hereunder.
[Ord. 03-13, 12/11/2003, § 1]
It shall be the duty of any person or persons, firms, partnerships,
corporations, authority or other entity to whom a permit is issued
or by whom any opening or excavation is made as aforesaid to provide
and maintain proper and adequate guards, barriers and lights to prevent
accidents, and they shall assume all risks and be liable for all damages
by reason of the openings and excavations and by reason of any failure
to properly fill the hole or trench and maintain the disturbed surface
in a safe condition.
[Ord. 03-13, 12/11/2003, § 1; as amended by Ord.
06-07, 4/20/2006; and by Ord. 08-01, 1/10/2008]
1.
It shall be the duty of any persons, firms, partnerships, corporations,
authority or any other entity causing an opening or excavation to
be made in streets in the Township to remove the existing material
and fill the excavation compacted in eight-inch layers. With regard
to fill, materials used, wearing and finish courses, asphalt, surfacing,
and sealants or other work, all applications shall be made without
ridges and/or depressions and shall be maintained in at least as good
condition as it was prior to excavation for a period of at least two
years. Edge shall be sealed with two applications of material to then-current
standards or specifications of the Pennsylvania Department of Transportation
as to materials to be used or, if no such standards exist, then other
applicable standards as adopted by the Township. To assure compliance
with this provision, the person, firm, partnership, corporation, authority
or other entity obtaining a permit shall advise the Township, in writing,
within adequate time prior to the time at which work is to be performed,
to allow the Township to inspect or supervise the same. No cut or
opening may be closed until the Township has inspected the same and
approved the closure.
2.
In the event that more than 25% of the public street or way from
curb to curb is cut or disturbed, the Township Secretary shall require
that the entire street or way be resurfaced from side to side for
a length or distance of up to the next manhole in each direction or
up to a maximum of 400 feet of street or way beyond the disturbance
or cut.
3.
All streets following cut and restoration shall comply with the requirements of § 22-603, Subsection 6, of Chapter 22 of the Codified Ordinances of the Township of Susquehanna. If a cut or other permit has been closed, the person, firm, partnership, corporation, authority or other entity cutting or opening the street and obtaining a permit hereunder remains responsible for all maintenance until final inspection of the closed cut and, in addition, a two-year maintenance bond will be required by the Township after closure. No final acceptance of a restored cut or opening in the street shall be approved unless the street so cut is mud-free, restored to its proper condition and any walkways, curbs, gutters, streetlights, fire hydrants, shade trees, water mains, sanitary sewers, storm sewers and other improvements or items affected by the cut have been restored as required by the Township.
4.
As part of the applicant's permit, the applicant shall delineate
the location at which any construction equipment, material or job
trailer shall be placed and whether on public or private lands, if
not controlled by the applicant, the applicant shall document written
permission for use of the same from the owner thereof. Further, the
applicant shall delineate the duration during which construction equipment,
material or trailer shall be at the site specified and, in the event
that the duration set forth is exceeded, an amendment shall be required
to the application. It shall be the duty of the applicant to properly
maintain the area on which any equipment, material or trailer is stored
or placed in compliance with all applicable ordinances, statutes and
codes and so as not to be a nuisance to the public or interfere with
any rights of public access and so as to avoid the same being an eyesore.
Unless the applicant documents a written agreement from the owner
of any lands on which equipment, material or a trailer is placed to
the contrary, the applicant must, in each case, as part of their bonded
work, restore the area on which any equipment, material or trailer
has been placed or stored to its pre-storage condition.
5.
All drilling, cutting, or repairing on any surfaced or finished public
street or way in the Township shall be by directional drilling technique
approved by the Township. Missile drilling or impact drilling which
may cause pressure, expansion, or bulging in areas adjacent to the
drilling on a public street or way is prohibited.
6.
Except in emergency situations, no opening or excavation requiring
a permit under the Codified Ordinances of the Township shall be commenced
except at a time during the year when the same may be restored and
resurfaced in full within 30 days of commencement of work, and such
restoration, including resurfacing, shall be completed within 30 days
of commencement of work. Because final resurfacing cannot be done
in the coldest of winter months, except in emergency conditions, no
permit shall be issued for regularly scheduled work which shall commence
after November 1 through March 1 of each calendar year.
[Ord. 03-13, 12/11/2003, § 1]
Prior to obtaining a permit, the applicant therefor shall deposit with the Township financial security or bond in the amount determined by the Township Engineer sufficient to cover the cost of restoration of all curb cuts and all streets, thoroughfare ways, cuts or openings and other costs of improvements or restoration of any property disturbed. The amount of the financial security to be posted shall be equal to 120% of the cost of completion of work and restoration as of six months following the date scheduled for completion of the project. To be approved, acceptable bonds must be in the manner required and shall be maintained and reduced in the same manner as set forth in § 22-406 of Chapter 22 of the Codified Ordinances of the Township of Susquehanna.
[Ord. 03-13, 12/11/2003, § 1]
1.
If the work in opening or in filling or closing or maintaining the
surface shall not be promptly or shall be unskillfully or improperly
or incompletely done, the Township Engineer, or any other designated
by the Board of Commissioners, may cause the same to be done in the
manner they deem proper; and the expense thereof, including any overhead
expense, shall be charged to the person, firm, partnership, corporation,
authority or other entity by whom the opening or excavation was made
together with 25% additional as a penalty.
2.
No permit shall be issued to any person, firm, partnership, corporation,
authority or other entity in default for any other work regulated
under this section until the costs and penalty herein provided are
paid, and no further permit shall be granted to any person, firm,
partnership, corporation, authority or other entity unless and until
the openings and excavations already caused by him, her or it have
been properly filled and the surface maintained as aforesaid, in a
safe condition and at the proper grade, of which the said Engineer,
or other person designated, shall be the judge.
[Ord. 03-13, 12/11/2003, § 1]
Curb and sidewalks shall only be removed in sections extending
from expansion joint to expansion joint. Replacement shall be according
to Township specifications.
[Ord. 03-13, 12/11/2003, § 1]
Whoever shall violate any of the provisions of this Part shall,
upon conviction thereof, be sentenced to pay a fine of not more than
$600 and, in default of the payment of the said fine, to undergo imprisonment
not to exceed 30 days.
