[Ord. 570, 10/5/1999, § 401]
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:
APPLICANT
Any person, as defined in this section, who makes application
for a street opening permit.
CONTRACTOR
Any person who or which performs excavation work for himself
or for another person.
EMERGENCY
Sudden or unforeseen circumstance or occurrence which calls
for immediate action by the utility or facility owner; any condition
constituting a clear and present danger to life or property by reason
of escaping gas, exposed wires, or other similar or serious breaks
or defects in an underground line.
ENGINEER
The duly appointed Collier Township Engineer or his authorized
representative or inspector.
EXCAVATION WORK
The use of either manual or powered equipment or explosives
in the movement of earth, rock, or other material.
FACILITY OWNER
Any public utility or agency, political subdivision, municipality,
authority, or other person or entity who or which owns or operates
a line or facility.
LINE OR FACILITY
An underground conductor or underground pipe or structure
used to convey, carry, or provide service or substance.
PA ONE CALL
Notification of proposed excavation to the Pennsylvania One
Call System in accordance with the requirements of the Underground
Utility Line Protection Law, 73 P.S. § 176 et seq.
PERMIT
The approval issued to an applicant to perform any work covered
by the terms and conditions of this Part.
PERMITTEE
Any person, as defined in this section, who has been issued
a street opening permit and has hereby agreed to perform any work
to fulfill the terms of this Part.
PERSON
Includes any natural person, or partnership, firm, association,
utility, authority, or corporation created pursuant to an Act of the
Pennsylvania General Assembly.
STREET
Any public right-of-way, street, avenue, road, square, alley,
highway, or other public place or right-of-way located within the
Township of Collier and established for the use of vehicles.
SUPERVISOR
The Collier Township Supervisor of Public Works, or his designee.
TOWNSHIP
The Township of Collier, Allegheny County, Pennsylvania.
WORK
Any and all activities of any kind or nature conducted by
a permittee, his agents, employees, contractors and subcontractors,
or any other person, which involves, to any extent, any roadway or
right-of-way of the Township of Collier.
2. In this Part, the singular shall include the plural, and the masculine
shall include the feminine and the neuter.
[Ord. 570, 10/5/1999, § 402]
It shall be unlawful, except in cases of emergency, for any
person to make any opening or excavation of any kind in or under any
Collier Township street or right-of-way without first securing a street
opening permit from the Collier Township Supervisor of Public Works
for each separate undertaking. Minor excavations not within the paved
or otherwise improved portion of any street and not greater than one
foot in depth made for the purposes of installing, maintaining, or
replacing a driveway, sidewalk, mailbox, or other similar appurtenance
which may be authorized or permitted under this Part or other Collier
Township ordinances, shall be exempt. Any person making application
for a street opening permit shall agree to the terms of this Part
as hereinafter provided.
[Ord. 570, 10/5/1999, § 403]
1. It shall be the duty of the applicant to comply with the following
express conditions and provisions before a street opening permit shall
be granted:
A. The applicant shall file a written application on the official form
provided for this purpose by the Township. A separate application
shall be filed for each and every project undertaken by the applicant
at any one time and shall be signed by a responsible person authorized
to sign the application.
B. The applicant shall set forth the purpose of such opening, and provide
the exact location, size, area, and depth of opening required to complete
the work.
C. The applicant shall establish the date or dates during which such
opening is to be made, including the date and time when temporary
and/or final resurfacing is to be performed. It is the applicant's
responsibility to contact Pennsylvania One-Call Systems, Inc. 1-800-242-1776
in accordance with the Pennsylvania Underground Utility Line Protection
Law, 73 P.S. § 176 et seq.
D. The applicant shall provide and maintain public liability and property
damage insurance in an amount sufficient to indemnify and save harmless
the Township of Collier from all liability for damages or injury done
to persons and property which may be incurred by reason of such opening
or any failure to properly protect, maintain, barricade, light, backfill,
and/or otherwise properly affect the same. The insurance shall not
be in an amount less than $1,000,000 for injury to persons and $100,000
for injury to property for each occurrence. The applicant shall name
Collier Township as additionally insured and provide proof of said
insurance to Collier Township prior to issuance of a permit.
E. Prior to permit issuance, the applicant shall deliver to Collier Township a deposit or bond in the amount set by Collier Township. This amount shall be calculated according to §
21-405 of this Part; but in no case shall the bond be less than $500.
F. Whenever any public utility or municipal authority maintaining underground facilities shall contemplate more than one street opening or excavation per calendar year, it may post a bond for the calendar year to cover any and all work in an amount calculated according to §
21-405 of this Part. Said bond shall be approved by Collier Township. The insurance requirements of Subsection
1D shall be waived upon receipt of notice of self-insurance by any public utility or municipal authority.
[Ord. 570, 10/5/1999, § 404]
The applicant shall secure a street opening permit for each
and every project undertaken by the applicant at any one time. In
cases of emergency, the Police Department and Supervisor of Public
Works shall be notified prior to making any emergency repairs, and
a street opening permit shall be secured on the first official workday
thereafter.
[Ord. 570, 10/5/1999, § 405]
Collier Township, upon receipt of the properly completed application,
shall compute the amount of deposit or bond to be provided by the
applicant to the Township of Collier to reimburse said Township for
any cost of work and materials furnished for the backfilling or refilling
of the opening or excavation and the restoring of the surface or replacing
the pavement over any such opening or excavation, together with any
expenditure for labor, material, and/or inspection subsequently necessitated
in the maintenance, repairing, or resurfacing of any such opening
for a period of one year from the date of completion, so as to leave
any such street in as good a condition as it was before such excavation
or opening. The amount calculated for deposit or bond shall include
the estimated cost of the proposed surface and trench restoration
work plus the cost of inspection and any other cost that may be directly
charged to the opening or excavation. The total amount calculated
shall be increased by 25% to determine the amount of deposit or bond.
[Ord. 570, 10/5/1999, § 406]
1. The permittee shall be responsible to locate all underground facilities,
including sanitary sewers, storm sewers, gas lines, water lines, telephone
and electrical conduits, and all other underground facilities, sufficiently
in advance of the commencement of the work in order that damage to
any such facilities be avoided, as well as to permit their relocation,
if necessary. The permittee shall also comply with all the utility
notification requirements of the Underground Utility Protection Law,
73 P.S. § 176 et seq. If an underground facility is damaged
by the permittee, such damage shall be repaired and/or restored by
the permittee, as necessary and in accordance with the directions
of the owner of the facility.
A. The permittee shall take every necessary and reasonable precaution
to keep the street in a safe and passable condition at all times by
providing and maintaining any necessary guards, barricades, warning
lights, flags or signs, or other safety devices in accordance with
PennDOT Publication 203, "Work Zone Traffic Control," latest revision.
B. No opening shall extend beyond the center line of the street before
being refilled and the surface of the street restored to a condition
safe and passable for travel by vehicles or pedestrians. At no time
will the improved part of a roadway be completely closed to vehicular
or pedestrian traffic, unless such closing is authorized, in advance
and in writing, by the Supervisor of Public Works and Police Department.
C. No more than 100 feet measured longitudinally shall be opened in
any street at any one time.
D. The permittee shall provide and maintain all necessary shoring and/or
bracing of openings so as to protect persons, roadways, utilities,
and adjacent land and buildings from damage resulting from shifting
or subsidence of the adjacent land.
E. No tunneling shall be allowed without express approval of Collier
Township and permission therefore endorsed on the street opening permit.
F. Excavated or other material shall be placed or stored on the side
of the operation farthest from the pavement unless otherwise designated
by Collier Township, and in such manner that there will be no interference
with the flow of stormwater and/or traffic.
G. Where a pipe drain, pipe culvert, or other structure or facility
is encountered, it shall be replaced, restored, strengthened, or protected
by the permittee, as directed by the Township Superintendent of Public
Works.
H. No refilling of such excavation or opening shall be accomplished
unless or until the Collier Township Supervisor of Public Works or
the Township Engineer or other authorized agent of Collier Township
shall be present.
I. All openings and excavations shall be backfield promptly with suitable
material and thoroughly compacted in layers to not less than 90% of
the density obtained at optimum moisture content as determined by
AASHTO T-99. When directed by the Collier Township Public Works Supervisor
or the Township Engineer or other authorized agent of the Township,
nuclear denseometer gage compaction tests of the backfill shall be
conducted by an independent laboratory. Compaction testing shall be
completed at the applicant's expense. Failure to meet the compaction
requirements, as outlined herein, shall be cause to require re-excavation
and re-compaction.
J. Temporary surfacing, consisting of not less than two inches of bituminous
cold patch material, shall be installed in all excavations within
the paved portion of any street as soon as possible following the
completion of the backfilling procedure. In no case shall the placement
of bituminous cold patch material be delayed more than one business
day following the completion of the backfilling procedure.
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Temporary surfacing shall be maintained for a period of at least
two weeks free of depressions and mounds. After that length of time,
and as soon as conditions permit, the temporary surfacing shall be
removed and immediately replaced with the final surfacing. The final
surfacing shall be completed in the presence of the Collier Township
Supervisor of Public Works, the Township Engineer or other authorized
agents of Collier Township and in accordance with the applicable standard
restoration detail or as otherwise directed.
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K. All surfaces shall be restored such that the restored surface is
equal to or better than the surface which existing prior to excavation
or removal. The restored surface be constructed to neat lines and
shall be free of objectionable irregularities in grade, texture, or
color. All surface restoration shall be completed in accordance with
the applicable standard restoration details and associated specifications.
(1)
Longitudinal Openings. Longitudinal openings in bituminous paved
streets shall be restored by first restoring the actual trench area
plus an additional area of at least 12 inches on each side of the
trench with the required depth of bituminous concrete base course,
as shown on the applicable restoration detail. The final bituminous
wearing course shall be installed over the full width of the affected
lane by milling or planning the existing surface to a depth of not
less than 1 1/2 inches and to not less than the minimum horizontal
dimensions shown on the applicable restoration detail. In lieu of
milling and where approved by the Township's Supervisor of Public
Works or the Township Engineer or other authorized agent of the Township,
the existing pavement may be removed to its full depth and to the
horizontal dimensions required by the applicable detail. The pavement
shall then be replaced to its full depth over the required area. Longitudinal
openings in concrete paved streets shall be restored by replacing
the full lane or slab width affected by the excavation. Construction
joints shall be replaced at the location of the existing joints. In
no case shall the length of the slab replacement consist of less than
six feet.
(2)
Transverse Openings. Pavement replacement for traverse openings
shall be restored in generally the same manner as longitudinal openings
except that full lane width restoration shall be completed for each
lane affected by the transverse opening. Where multiple transverse
openings are made in a roadway and the pavement restoration of any
lane, when performed in accordance with the applicable restoration
details, results in the ends of any two consecutive pavement patches
being less than 10 feet apart, the pavement restoration shall be performed
by treating the two consecutive patches as a single patch by removing
and replacing the existing pavement between such patches.
L. Collier Township shall endeavor to provide notice to all public utility
companies and municipal authorities registered with the Pennsylvania
One Call System as having underground lines or facilities within Collier
Township advising them of local streets planned to be paved or otherwise
improved. All such public utility companies, and municipal authorities
shall make all connections and any repairs required to their facilities
which would necessitate excavation of the street within 30 days from
the giving of such notice, unless such time is extended in writing
by Collier Township. The repair and restoration of any street which
has been paved or otherwise improved within five years of opening
or excavation shall be made in strict accordance with the applicable
standard restoration details and/or specifications and directions
of the Collier Township Engineer or Supervisor of Public Works.
M. In no case shall any opening or excavation made by a permittee be
considered in the charge or care of Collier Township or of any officer
or person employed by Collier Township, and no officer or employee
of Collier Township is authorized in any way to take or assume any
responsibility over any such opening or excavation, except in the
exercise of police power, where and when it is necessary to protect
life and property.
[Ord. 570, 10/5/1999, § 407]
One year from the date of completion, the permanent restoration
of the opened or excavated street shall be inspected by the Collier
Township Supervisor of Public Works, the Township Engineer or other
authorized agent of Collier Township, who, if restoration shall be
satisfactory and in accordance with Collier Township specification,
shall certify that such work is accepted by Collier Township. Upon
certification of acceptance of the work, the permittee shall be refunded
his deposit less all costs incurred by Collier Township.
[Ord. 570, 10/5/1999, § 408]
The Collier Township Supervisor of Public Works, the Township
Engineer, or other authorized agent of Collier Township shall have
the right to observe and inspect all work done under a street opening
permit and shall see that all terms and conditions of this Part are
enforced and shall have the power and is hereby directed to prosecute
every person violating any of the provisions contained herein. Such
supervision and inspection shall be done at the sole expense of the
permittee and shall be paid in full within 30 days of invoice.
[Ord. 570, 10/5/1999, § 409; as amended by Ord.
652, 4/13/2011]
Any person, firm, or corporation who shall violate any provision
of this Part, upon conviction thereof, 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 30
days. Each day that a violation of this Part continues shall constitute
a separate offense.
[Ord. 570, 10/5/1999, § 410]
The fee for street opening permits shall be established by resolution
from time to time by the Board of Commissioners. Payment of said street
opening permit fee is a requirement for issuance of any street opening
permit.
[Ord. 570, 10/5/1999, § 411]
Standard restoration details included herewith represent minimum
performance standards required to comply with this Part. References
made to PennDOT specifications refer to the Pennsylvania Department
of Transportation Form 408 Specifications, latest edition including
all supplements and revisions thereto. References made to RC Standards
refer to the Pennsylvania Department of Transportation Standards for
Roadway Construction (Publication #72), latest edition including all
supplements and revisions thereto.