GENERAL REFERENCES
Street construction — See Ch. 720.
[Ord. No. 337,
passed 6-6-1978]
It shall be unlawful for any person, firm or corporation to
tunnel under or to make any excavation in any street, alley or other
public place of the Township without having obtained a permit as is
herein required, or without complying with the provisions of this
chapter or the terms of any such permit.
[Ord. No. 337,
passed 6-6-1978]
No such permit shall be issued unless a written application
for the issuance thereof is submitted in duplicate to the Secretary-Manager.
The written application shall state the name and address of the applicant,
the nature, location and purpose of the excavation, the estimated
dates of commencement and completion of the excavation, and other
data as may reasonably be required by the Township. The application
shall be accompanied by plans showing the extent and location of the
proposed excavation work, and such other information as may be prescribed
by the Township. The Secretary-Manager shall have the authority to
issue such permits, but such a permit shall not exempt the permittee
from the further requirements of this chapter.
[Ord. No. 513,
passed 6-11-2008; Ord. No. 518, passed 3-11-2009; amended 5-14-2015 by Ord. No. 558]
The fee for such permit shall be $75, plus an amount determined in accordance with the following schedule if the street in question was repaved within five years of the date of the permit application: within one year, an additional $35 per square yard of material to be disturbed by the project; within three years, an additional $25 per square yard; and within five years, an additional $15 per square yard. Public utilities performing excavation or tunneling work covered by this Chapter 740, either directly through the utilization of their own forces, shall be exempt from payment of the foregoing [fee(s)].
1.
The federal government.
2.
The Commonwealth of Pennsylvania.
3.
Political subdivisions of the Commonwealth of Pennsylvania for work
performed within their corporate limits.
4.
For municipal authorities organized under the laws of the Commonwealth.
5.
For churches, hospitals, schools, charitable institutions, veterans'
organizations, and nonprofit organizations.
6.
Where facilities are moved at the request of the PennDOT or the political
subdivision in connection with road construction or maintenance.
7.
To authorities for the installation/removal of streetlights at the
request of PennDOT or other local authorities.
[Ord. No. 337,
passed 6-6-1978]
The person doing the permitted work shall at all times maintain
in possession and shall exhibit to any official of the Township upon
demand the permit to do said work. Such permit only shall be evidence
of authority for the doing of said work.
[Ord. No. 513,
passed 6-11-2008; Ord. No. 518, passed 3-11-2009]
No such permit shall be issued unless and until the applicant
therefor has deposited with the Secretary-Manager a cash deposit,
or bond having as surety a corporation licensed to do business as
a surety in the Commonwealth of Pennsylvania, to insure the proper
restoration of the ground and laying of the pavement and reimbursement
of the cost of such inspections as may be required by the Township
Engineer in accordance with the following:
A.
For minor work, such as a lateral crossing or a driveway, the amount
of the cash or surety bond shall be $1,000.
B.
For such minor work, the applicant may deposit with the Secretary-Manager
a cash deposit or bond in the amount of $10,000 to cover the work
required under any permits issued to the applicant during the period
of one year following the date on which the cash deposit or bond is
deposited.
C.
For restoration work that is not covered by A. or B. above, the amount
of the cash or surety bond shall be such amount as is recommended
by the Township Engineer to assure the proper performance and restoration
of the work in accordance with Township specifications.
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Any bond shall be effective for a period of six months following
the completion of the excavation and restoration work. If cash is
deposited, 1/2 thereof shall be returned to the applicant, without
interest, when the work is completed and inspected by the Township
Engineer, and the balance thereof shall be returned to the applicant
without interest six months thereafter.
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[Ord. No. 513,
passed 6-11-2008]
No permit will be issued until the applicant shall have filed
with the Township Secretary-Manager a certificate issued by an insurance
company authorized to do business in Pennsylvania evidencing the issuance
to the applicant of a policy of public liability and property damage
insurance in an amount not less than $1,000,000 for injury to persons
and $500,000 for injury to property arising out of a single occurrence.
The certificate shall further evidence that the Township has been
named as an additional insured with respect to the excavation and
restoration work to be performed by the applicant.
[Ord. No. 337,
passed 6-6-1978]
The permittee shall at all times and at his own expense preserve
and protect from injury any adjoining property by providing proper
foundations and taking other measures suitable for the purpose. The
permittee shall be responsible for all damage to public or private
property or highways resulting from his failure to properly protect
and carry out said work. No injury shall be done to any pipes, cables
or conduits in the making of such excavations and tunnels; and notice
shall be given to the persons maintaining any such pipes, cables or
conduits which are or may be endangered or affected by the making
of any such excavation or tunnel before such pipes, cables or conduits
shall be disturbed. All damage done to existing improvements during
the progress of the permitted work shall be repaired by the permittee.
As the permitted work progresses all streets and private properties
shall be thoroughly cleaned of all rubbish, excess earth, rock and
other debris resulting from such work. Each permittee shall conduct
and carry out the permitted work in such manner as to avoid unnecessary
inconvenience and annoyance to the general public and occupants of
neighboring property from noise, dust and unsightly debris.
[Ord. No. 337,
passed 6-6-1978]
It shall be the duty of every person cutting or making an excavation
in or upon any public place, to place and maintain barriers and warning
devices necessary for the safety of the general public. At twilight
there shall be placed around and upon the site of permitted work suitable
and sufficient lights which shall be kept burning throughout the night.
Warning lights shall be flares, torches, lanterns, electrical markers
or flashers. The permittee shall take appropriate measures to assure
that at all times during the period of permitted work, traffic conditions
shall be maintained as near normal as possible so as to minimize inconvenience
and maximize safety to the occupants of the adjoining property and
to the general public. The permittee shall be liable to any person
who has been injured because of the failure of the permittee to properly
perform his obligations and work under this chapter. It shall be unlawful
for anyone to remove any protective barriers or warning devices placed
around or upon an excavation site for the protection of persons or
property.
[Ord. No. 337,
passed 6-6-1978]
The permittee shall restore the surface of all streets broken into or damaged as a result of the excavation work, to the original condition thereof. In the case of paved streets, such restoration shall be performed in accordance with the specifications of the Township Engineer as set forth in § 740.14. The permittee shall backfill excavations made by tunneling in accordance with the specifications of the Township. The permittee shall be responsible to maintain any street where excavation was made in as good condition for a period of six months after the permitted work shall have been done, usual wear and tear excepted, as it was before said work shall have begun. All pipelines shall be laid and buried to the depth of at least 24 inches beneath the surface of the street, and shall at all times be kept buried to such a depth, notwithstanding any change in the grade of the street made under authority of the Board.
[Ord. No. 337,
passed 6-6-1978]
The permittee shall prosecute with diligence and expedition
all excavation work covered by the excavation permit and shall promptly
complete such work and restore the street to its original condition,
or as near as may be, as soon as is practicable and in any event not
later than the date specified in the excavation permit therefor.
[Ord. No. 337,
passed 6-6-1978; Ord. No. 518, passed 3-11-2009]
Nothing in this chapter shall be construed to prevent the making
of such excavations as may be necessary for the preservation of life
or property or for the location of trouble in conduit or pipe, or
for making repairs, provided that the person making such excavation
shall apply for such a permit within 72 hours after such work is commenced.
[Ord. No. 337,
passed 6-6-1978]
The Township's duly appointed delegate shall make such
inspections as are reasonably necessary in the enforcement of this
chapter.
[Ord. No. 337,
passed 6-6-1978]
The provisions of this chapter shall not be applicable to any
excavation work under the direction of employees of the Township or
by any contractor performing work for and in behalf of the Township
necessitating openings or excavations in streets.
[Ord. No. 408,
passed 3-11-1992]
The restoration of paved streets shall be performed in accordance
with the following specification.[1]
[1]
Editor's Note: The bituminous roadway repair specification
is included at the end of this chapter.
