The following words, when used in this article, shall have the meanings ascribed to them in this section, except in those instances where the context clearly indicates otherwise:
APPLICANT
Any person who makes application for a permit.
EMERGENCY
Any unforeseen circumstances or occurrence, the existence of which constitutes a clear and immediate danger to persons or properties.
MANAGER
The Manager of the Township or his or her authorized deputy, representative, or inspector.
NEW IMPROVED STREET
Newly constructed cartways, including base and surfacing of either concrete or asphalt, and reconstructed cartways surfaced with a topcoat of at least 1 1/4 inch of asphalt.
PERMITTEE
Any person who has been issued a permit and has agreed to fulfill all the terms of this article.
PUBLIC UTILITY COMPANY
Any public water or sewer authorities operating within the Township, and any gas, electric, or telecommunications companies subject to the jurisdiction of, and/or control by, the Pennsylvania Public Utility Commission.
STREET
A public right-of-way, road, avenue, boulevard, alley, highway, freeway, parkway, land, viaduct, and any other ways intended to be used by vehicular traffic and accepted or maintained by the Township or open for travel and use by the public.
A. 
It shall be unlawful for any person to make any tunnel, boring, opening, or excavation of any kind in or under the surface of any street without first securing a permit from the Manager for each separate undertaking; provided, however, that any person maintaining pipes, lines or other underground facilities in or under the surface of any street may proceed with an opening without a permit when emergency circumstances demand the work to be done immediately, provided that the permit could not have been reasonably and practically obtained beforehand. In such cases where emergency openings are necessary, however, the Township shall be notified prior to such openings in one of the following manners:
(1) 
Email notification to the Manager.
(2) 
Telephonic notification to the Manager.
(3) 
Pennsylvania One-Call.
B. 
The person shall thereafter apply for a permit on the first regular business day on which the office of the Manager is open for business, and said permit shall be retroactive to the date when the work was begun.
The application for a permit shall be on a form prescribed by the Township and submitted to the Township in triplicate. The application shall be accompanied by a fee in accordance with the schedule of fees set forth by the Board of Supervisors for highway occupancy permits and restoration charges. In addition, the applicant shall submit three copies of a sketch showing such items including, but not limited to: the proposed improvement, dimensions of proposed work (including depth), location, width of the traveled roadway, right-of-way lines, and distance to the nearest intersecting street.
A permit shall be issued to the applicant after all the aforementioned requirements have been filed.
A. 
Work for which a permit has been issued shall commence within 30 days after the issuance of the permit therefor. If not so commenced, the permit shall be terminated automatically unless the permittee applies for an extension of time by which to commence work.
B. 
If such an extension is granted, the original permit shall remain in force for the period of time specified in the extension. Permits which terminate by reason of failure to commence work within 30 days after issuance, or within any extension of time granted hereunder, may be renewed only upon the remittance of an additional permit fee as originally required.
No person to whom a permit has been granted shall perform any additional work outside the scope of the granted permit. If the situation arises that the permittee desires to perform additional work, not in excess of 10% of the amount specified in the permit, the permittee may apply to the Manager for an amended permit to perform the additional work. If the additional work exceeds 10% of the amount specified in the original permit, an application for a new permit shall be made. Any deposit or bond posted for the original permit shall be deemed to cover any such additional work in the amended permit, pursuant to the issuance of an amended permit within the limit specified herein.
A. 
Upon completion of the work, the applicant shall give written notice thereof to the Township.
B. 
A certificate of final inspection shall be issued by the Manager to each permittee no sooner than one year and not later than 24 months after the permanent restoration of the excavation has been made, provided that the work authorized by the permit has been performed according to municipal specifications.
C. 
Prior to the issuance of a certificate, the Manager shall make a final inspection of the restoration to determine whether municipal specifications have been adhered to.
Upon completion of the work authorized by the permit, 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, the applicant shall have 60 days after written notice from the Township to rectify said settlement or defect. If the rectification does not occur by the 60th day, the Township may complete the work and impose upon the applicant the cost thereof, as well as an additional 20% of such cost.
Permits are not transferable from one entity to another, and the work shall not be performed in any place other than the location specifically designated in the permit.
Every permit shall expire at the end of the period of time set out in the permit. If the permittee is unable to complete the work within the specified time, he or she shall, prior to expiration of the permit, present a written request to the Manager for an extension of time. This request shall set forth the reason(s) for the requested extension. If the Manager finds that the failure to complete the permitted work within the time specified was due to circumstances reasonably beyond the control of the permittee, and that an extension of time to complete the permitted work is necessary and not contrary to the public interest, then the permittee may be granted additional time for the completion of the work.
All public utility companies shall comply with the provisions set out in this article. However, all fees and deposits will be waived for public utility companies if such public utility companies file their corporate bond with the Township.
The provisions of this article shall not be applicable in those instances where the street or highway is maintained by the Commonwealth of Pennsylvania or by the County of Allegheny. In the interest of public safety, however, the Manager shall be notified of street excavations on state or county roadways before work commences.
Each permit shall be granted subject to the right of the Township, or of any other person entitled thereto, to use the street for any lawful purpose not inconsistent with the permit.
A. 
Upon notification to the permittee, any permit may be revoked by the Manager for:
(1) 
Violation of any condition of the permit or of any provision of this article.
(2) 
Violation of any other applicable provision of the Township Code or any law relating to the work.
(3) 
The existence of any condition, or the performance of any act, constituting or creating a nuisance or endangering the life or property of others.
B. 
A permittee shall be granted a period of three days from the date of notice to correct the violation before said permit is revoked.
C. 
Written notice of any such violation or condition covered under this section shall be served upon the permittee or his or her agent engaged in the work. The notice shall contain a brief statement of the reasons for revoking the permit. Notice may be given either by personal delivery or by certified or registered United States mail.
D. 
When any permit has been revoked and the work authorized by the permit has not yet been completed, the Manager shall take action as may be necessary to restore the street, or part thereof, to a similar condition to that existing before the opening was made. All expenses thereby incurred by the Township shall be recovered from the deposit or bond the permittee has made or filed with the Township.
It shall be the duty and responsibility of any applicant to:
A. 
Follow the provisions of this article regarding written application to the Manager; permit requirements; payment of all required fees, deposits, certificates, and bonds; and execution of the plan set forth in the permit application.
B. 
Agree to save and hold harmless the Township, its officers, employees, and agents from any and all costs, damages, and liabilities which may accrue or be claimed to accrue by reason of any work performed under said permit. The acceptance of a permit shall constitute such an agreement by the applicant whether the same is expressed or not.
It shall be the duty and responsibility of any person receiving a permit to:
A. 
Pay a permit fee as set forth by resolution of the Board of Supervisors.
B. 
Make a deposit to cover any additional costs borne by the Township and specifically related to the work authorized by the permit. The amount of such a deposit shall be computed by the Manager as provided in § 183-19 of this article.
A. 
No opening or excavation in any street shall extend beyond the center line of the street before being backfilled and the surface of the street temporarily restored. Unless a detour plan is approved by the Manager, one-way traffic must be maintained.
B. 
No more than 250 feet measured longitudinally shall be opened in any street at any given time, except by special permission of the Manager.
C. 
All utility facilities shall be exposed sufficiently, or their definite location shall be determined ahead of trench excavation work, to avoid damage to those facilities and to permit their relocation, if necessary.
D. 
Pipe drains, pipe culverts or other facilities encountered shall be protected by the permittee.
E. 
Any person whose facilities are damaged or caused to be relocated by the permittee shall notify both the permittee and the Township of such damage or relocation. Thereafter the facility owner may make the necessary repairs or relocation and file a private claim against the permittee.
F. 
Monuments of concrete, iron or other lasting material set for the purpose of locating or preserving the lines of any street or property subdivision, or a precise survey reference point or a permanent survey bench mark within the Township, shall not be removed, disturbed, or caused to be removed or disturbed unless written permission to do so is first obtained, from the Manager. Permission shall be granted only upon the condition that the permittee shall pay all expenses incident to the proper replacement of the monument.
G. 
When work performed by the permittee interferes with the established drainage system of any street, provision shall be made by the permittee to provide proper drainage.
H. 
When any earth, gravel, or other excavated material is caused to flow, roll, or wash upon any street, the permittee shall cause removal of the same from the street within eight hours after deposit to permit safe flow of traffic. In the event that the earth, gravel, or other excavated material so deposited is not removed as specified, the Manager shall cause such removal, and the cost incurred shall be paid by the permittee or deducted from his or her deposit.
I. 
Every permittee shall place around the project such barriers, barricades, lights, warning flags, and danger signs as shall be determined by the Manager to be necessary for the protection of the public. Additional safety requirements may be prescribed by the Manager and, where applicable, shall be in conformance with the requirements set forth in 67 Pa.Code § 203.1 set seq., dealing with work-zone traffic control. Copies of the publication shall be made available in the office of the Manager for inspection by the public.
(1) 
Whenever any person fails to provide or maintain the required safety devices, such devices may be installed and maintained by the Township. The amount of the cost incurred shall be paid by the permittee or deducted from his or her deposit.
(2) 
No person shall willfully move, remove, injure, destroy or extinguish any barrier, warning light, sign or notice erected, placed or posted in accordance with the provisions of this section.
J. 
Access to private driveways shall be provided except during working hours when construction operations prohibit provision of such access.
K. 
Free access must be provided at all times to fire hydrants.
L. 
Excavated materials shall be laid along the side of the trench so as to cause as little inconvenience as possible to public travel. In order to expedite the flow of traffic or to abate dirt or dust nuisance, the Manager may require the permittee to place excavated material in trucks and provide toe boards or bins; and if the excavated area is muddy and causes inconvenience to pedestrians, temporary wooden plank walks shall be installed by the permittee as directed by the Manager. If the street is not wide enough to hold the excavated material without using part of the adjacent sidewalk, the permittee shall keep a passageway at least one-half of the sidewalk width open along such sidewalk line.
M. 
Work authorized by a permit shall be performed between the hours of 7:00 a.m. and 7:00 p.m. Monday through Saturday, unless the permittee obtains written consent from the Manager to do the work at an earlier or later hour. Such permission shall be granted only in the case of an emergency or in the event that the work authorized by the permit is to be performed in traffic-congested areas.
N. 
In granting any permit, the Manager may attach such other conditions thereto as may be reasonably necessary to prevent damage to public or private property, or to prevent the operation from being conducted in a manner hazardous to life or property or in a manner likely to create a nuisance. Such conditions may include, but shall not be limited to:
(1) 
Limitations on the period of the year in which the work may be performed.
(2) 
Restrictions as to the size, weight and type of equipment.
(3) 
Designation of routes upon which materials may be transported.
(4) 
Designation of the place and manner of disposal of excavated materials.
(5) 
Requirements as to the control of dust, the cleaning of streets, the prevention of noise and other results offensive or injurious to the neighborhood, the general public or any portion thereof.
(6) 
Regulations as to the use of streets in the course of the work.
O. 
Hydra-hammer, headache ball. The use of mechanical device for the breaking of pavement, such as a hydra-hammer, headache ball, etc., will be permitted only under special written permission of the Manager.
A. 
All pavement cuts, openings, and excavations shall be made properly and backfilled properly by the permittee according to municipal specifications. The width, location, thickness, and grade of the streets in the Township shall be fixed in accordance with construction standards as prepared by the Township Engineer and adopted by the Board of Supervisors. These specifications shall be made available to the permittee to ensure that the proper requirements are met, and are generally shown in Appendix A of this article.[1]
[1]
Editor's Note: Appendix A is on file in the Township offices.
B. 
If the weather conditions are such as to prevent the completion of permanent restoration of the street surface at the time backfilling is completed, the permittee shall install a temporary surface in accordance with municipal specifications until such time as weather conditions will permit permanent restoration of the street surface.
C. 
The Manager shall be notified by the permittee within 48 hours before the beginning of backfilling and/or restoration and the approximate time each will begin.
D. 
No backfilling or restoration shall be performed unless or until the Manager is present, or until permission has been granted for backfilling or restoration after inspection by the Manager.
E. 
After excavation is commenced, the work of backfilling the same shall be performed diligently. The permittee is required to complete permanent restoration of the street surface in accordance with municipal specifications within seven days after repairs and/or installation is completed. Furthermore, the permittee shall be required to install and maintain a temporary surface in accordance with municipal specifications during:
(1) 
The period between the completion of repairs and/or installation and the commencement of final restoration.
(2) 
The periods during the actual project when workers do not require access to the excavation.
F. 
Inspections of all work authorized by a permit shall be made by the Manager at such times and in such manner as required to assure compliance with provisions of this article. If the nature of the work to be performed under any permit is such as to require the services of a full-time inspector, the Manager shall provide for the services of such an inspector.
G. 
All inspection costs shall be borne by the permittee. Such costs shall be based upon a schedule of charges on file in the office of the Manager.
H. 
If any settlement in a restored area occurs within a period of two years from the date of completion of the permanent restoration and the permittee fails to make such correction after notification, any expense incurred by the Township in correcting such settlement shall be paid by the permittee or recovered from his or her bond.
I. 
In no case shall any opening made by a permittee be considered in the charge or care of the Township or any of its officers or employees, and no officer or employee of the Township is authorized in any way to take or assume any jurisdiction over any such opening, except in the exercise of the police power when it is necessary to protect life and property.
A. 
Computation of deposit. The Manager, upon receipt of a properly completed application, shall determine the amount of the deposit to be made by the permittee in accordance with the schedule of charges established pursuant to Subsection E of this section; provided, however, that the minimum deposit required shall not be less than $100. The deposit shall be paid at the time the permit is issued, and the deposit shall be used to reimburse the Township for the cost of any work and/or materials furnished by it in connection with work authorized by the permit, to cover the cost of all necessary inspections of said work or any other expenses incurred by the Township in carrying out the provisions of this article.
B. 
Form of deposit. The deposit may be either in the form of a certified, treasurer's or cashier's check or in lawful money of the United States.
C. 
Insufficient Deposit. If any deposit is less than sufficient to pay all costs, the permittee shall, upon demand, pay to the Township an amount equal to the deficiency. If the permittee fails or refuses to pay such deficiency, the Township may institute an action to recover the same in any court or competent jurisdiction. Until such deficiency is paid in full, no additional permits shall be issued to such permittee.
D. 
Yearly Deposit. Whenever any public utility company shall anticipate applying for permits for more than one street opening or excavation per calendar year and does not elect to file a corporate bond as hereinbefore provided, such public utility company may post one deposit in an amount and form as hereinbefore provided for the calendar year or part thereof to cover the cost of deposits which would otherwise be required for the anticipated permits.
E. 
Deposit and Cost Schedules. The Manager shall establish a schedule of charges for inspections, labor, materials and other such expenses as may be incurred by the Township in carrying out the provisions of this article. This schedule shall be established by the Manager in accordance with the reasonably anticipated costs to be incurred by the Township in making such inspections, including reasonable administrative and overhead expenses, and in accordance with the currently prevailing costs in the area for any labor and materials which may be provided by the Township. The Manager shall revise said schedule from time to time to reflect any increase or decrease in the costs used to establish said charges, and the fee schedule will be adopted by a resolution of the Board of Supervisors. The schedule shall be open to public inspection in the office of the Manager upon request.
F. 
Decision on Costs. The decision of the Manager as to the cost of any work done or repairs made by him or her or under his or her direction, pursuant to the provisions of this article, shall be final and conclusive.
G. 
Refund of Deposit. Upon notification by the permittee that all work authorized by the permit has been completed and after restoration of the opening, the Manager shall refund to the permittee his or her deposit, less all costs incurred by the Township in connection with said permit. In no event shall the permit fee be refunded.
A. 
Performance Bond.
(1) 
Each applicant or permittee, upon receipt of a permit, shall provide the Township with an acceptable corporate surety bond to guarantee faithful performance of the work authorized by a granted permit.
(2) 
The amount of the bond shall be 100% of the estimated cost of restoring the street opening.
(3) 
The term of the bond shall begin upon the date of posting thereof and shall terminate upon the receipt by the permittee of a certificate of final inspection from the Manager.
(4) 
If the permittee anticipates requesting more than one permit per year, as required by this article, he or she may furnish one continuing corporate surety bond to guarantee faithful performance in such amount as the Manager deems necessary. The amount of such bond shall be in relation to the cost of restoring pavement cuts to be made by the permittee throughout the year.
(5) 
In the case of a public utility company, its corporate bond, in a form satisfactory to the Solicitor, may be accepted in lieu of the corporate surety bond required by this section.
B. 
Maintenance Bond.
(1) 
Each applicant, upon the receipt of a permit, shall provide the Township with an acceptable corporate surety bond conditioned for compliance with the street opening specifications of the Township and the provisions of this article. The Manager shall determine the amount of the bond, and it shall be in relation to the cost of restoring the excavation made by the permittee; provided, however, that the minimum amount of the bond shall not be less than $10,000.
(2) 
The term of each such bond shall begin from the completion date of the permanent restoration of the opening and shall terminate upon the receipt by the permittee of a certificate of final inspection from the Manager.
(3) 
If the permittee anticipates requesting more than one permit a year, he or she may file a continuing corporate surety bond conditioned for compliance with the specifications of the Township and the provisions of this article in such amount as the Manager deems necessary. The amount of such bond shall be in relation to the cost of restoring pavement cuts to be made by the permittee throughout the year.
(4) 
In the case of a public utility company, its corporate bond, in a form satisfactory to the Solicitor, may be accepted in lieu of the corporate surety bond required by this section.
C. 
Default in Performance. Whenever the Manager shall find that a default has occurred in the performance of any term or condition of the permit, written notice thereof shall be given to the principal and to the surety on the bond. Such notice shall state the work to be done, the estimated cost thereof, and the period of time deemed by the Manager to be reasonably necessary for the completion of such work.
D. 
Completion of Work. After receipt of such notice, the surety must, within the time therein specified, either cause the required work to be performed or, failing therein, indemnify the Township for the cost of doing the work as set forth in the notice.
E. 
All completed excavations shall be bonded against defect as provided by the Township as a condition of the permit.
A. 
Each applicant, upon the receipt of a permit, shall provide the Township with an acceptable certificate of insurance indicating that he or she is insured against claims for damages for personal injury as well as against claims for property damage which may arise from or out of the performance of the work, whether such performance is by himself or herself, his or her subcontractor or anyone directly or indirectly employed by him or her. Such insurance shall cover collapse, explosive hazards, and underground work by equipment on the street and shall include protection against liability arising from completed operations. The amount of the insurance shall be prescribed by the Manager in accordance with the nature of the risk involved; provided, however, that the liability insurance for bodily injury shall be in an amount no less than $500,000 for each person and $1,000,000 for each accident, and for property damages, in an amount no less than $100,000, with an aggregate of $300,000 for all accidents.
B. 
Public utility companies and authorities may be relieved of the obligation of submitting such a certificate if they submit satisfactory evidence that they are insured in accordance with the requirements of this article or have adequate provision for self-insurance.
C. 
Public utility companies may also file an annual certificate of insurance in lieu of individual certificates for each permit.
A. 
Notice of Proposed Improvements.
(1) 
When the Township plans to improve or pave any street as part of its comprehensive road program, the Manager shall notify all public utility companies and authorities operating in the Township the calendar year prior to the anticipated paving project commencement. Any changes to the anticipated plan will be distributed as they come available.
(2) 
It is expected that all third party excavation work will take place before, or in conjunction with, the Township's road paving. The Township will make every effort to coordinate its paving with that of the public utility companies' plans.
(3) 
All such persons, public utility companies, and authorities shall make all connections, as well as any repairs thereto which would necessitate excavation of the street, no later than 30 days prior to the commencement of paving.
B. 
Restrictions upon Opening Newly Improved Street. No permit shall be issued by the Manager which would allow an excavation or opening in a paved and improved street surface less than seven years old unless the applicant can clearly demonstrate that public health or safety requires that the proposed work be permitted, or unless an emergency condition exists.
C. 
Penalty for Opening Newly Improved Street. If, by special action of the Manager, a permit is issued to open any paved and improved street surface less than seven years old, permittee shall pay for complete roadway restoration 15 feet on each side of the opening from curb-to-curb, for a total of 30 feet plus the street opening curb-to-curb, and within Township specifications. The penalty shall be waived in the event that the work is of an emergency nature, and may also be waived by action of the Board of Supervisors.
A. 
Every person owning, using, controlling, or having an interest in pipes, conduits, ducts, or other structures under the surface of any street used for the purpose of supplying or conveying gas, electricity, communication impulses, water, or steam to or from the Township or to or from premises of its inhabitants or for any other purposes shall file with the Manager, within 120 days after the adoption of this article, a written statement containing the names of the Township's streets wherein the aforementioned facilities owned by such person are located.
B. 
Within 90 days after the first day of January of each and every year, such person shall notify the Manager, in writing, of the changes necessary to maintain the street list required under Subsection A above.
A. 
Whenever any pipe, conduit, duct, tunnel, or other structure located under the surface of any street is abandoned or the use thereof is abandoned, the person owning, using, controlling, or having an interest therein shall, within 30 days after such abandonment, file with the Manager a written statement giving, in detail, the location of the structure so abandoned. Whenever there are manholes or tunnels associated with any abandoned underground facilities, such manholes or tunnels shall be filled in at the time of abandonment and the Manager notified in writing thereof.
B. 
When the Township plans to pave or improve streets in which there are abandoned facilities, the owner of such facilities shall be notified to remove them if, in the opinion of the Manager, their removal is in the best interest of the Township. If the owner shall refuse to remove such abandoned facilities, the Township shall remove the abandoned facilities and the owner shall reimburse the Township the actual cost for such removal plus 20%.
A. 
If the work to be undertaken by the permittee is such that it will affect the use of properties abutting or adjoining the project, the Manager may require the permittee to submit a list of owners and/or tenants and/or addresses of all properties abutting the area where the work authorized by the permit is to be performed. Upon receipt and Manager approval of such list, the permittee shall give written notification to the affected property owners and/or tenants of the proposed work to be done.
B. 
If the work to be undertaken by a permittee will affect other subsurface installation(s) in the vicinity of the proposed opening, the permittee shall give written notification to the owner(s) of such facilities of the proposed work.
The Manager shall notify, in writing, municipal police and fire authorities of all street opening permits he or she grants of a nature that would require a street being closed. Such notification shall state the nature of the work to be done, the proposed beginning and completion dates and the location of such project.
[Amended 4-20-2016 by Ord. No. 408]
Any person, firm or corporation who shall violate any provision of this article, upon conviction thereof in an action brought before a Magisterial District Judge in the manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure, shall be sentenced to pay a fine of not more than $1,000, plus costs, and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 90 days. Each day that a violation of this article continues or each section of this article which shall be found to have been violated shall constitute a separate offense.