[HISTORY: Adopted by the Board of Supervisors of the Township
of Cecil as indicated in article histories. Amendments noted where
applicable.]
[Adopted 12-21-1994 by Ord. No. 14-94]
A.
EXCAVATION
PERSON
STREET
UTILITY COMPANY
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:
Any activity within the right-of-way of any street, alley
or cartway which involves boring, jacking, tunneling, cutting, breaking
or disturbing the surface thereof. In this article, the term "opening"
shall have essentially the same meaning as "excavation."
Any natural person, partnership, firm, association, corporation
or municipal authority.
Any Township street, avenue, road, right-of-way, alley or
highway located in the Township of Cecil and established for the use
of vehicles, but shall not include state highways or private roads.
For the purpose of this article, subdivisions now being approved shall
be included herein.
Any private or public utility serving Cecil Township, whether
water, gas, electric, telephone, cable TV, etc., shall be classified
as a utility company.
B.
In this article, the singular shall include the plural, and the masculine
shall include the feminine and the neuter.
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 Cecil, and no
driveway or entranceway shall be laid upon or connected to any Township
road or portion thereof without first securing a permit therefor,
as hereinafter provided.
A.
Any person who shall desire to make any opening or excavation in
any of the streets in the Township of Cecil shall make application
to the Township Secretary or designated official in writing for that
purpose. Such application shall be made upon blanks to be furnished
by the Township of Cecil 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 of Cecil and the laws of the commonwealth
in relation thereto, and that the applicant shall well and truly save,
defend and keep harmless the Township of Cecil 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 manner, cause or thing relating thereto.
(1)
The application for a permit shall be on a form prescribed by the
Township of Cecil and submitted to the Township of Cecil in triplicate.
The application fee shall be in accordance with the schedule of fees
set for by the Department of Transportation for highway occupancy
permits and restoration charges. In addition, the applicant shall
submit three copies of a sketch showing such dimensions as the location
of the intended facility, width of the traveled roadway, right-of-way
lines and a dimension to the nearest intersecting street.
(2)
A permit shall be issued to the applicant after all the aforementioned
requirements have been filed.
(3)
The applicant shall notify the Township of Cecil at least 24 hours
in advance of any excavations.
B.
If the opening or cut is greater than 100 feet in length, the Township
of Cecil reserves the right to have a full- or part-time inspector
present, with the cost being borne by the applicant. Inspection costs
are to be determined at an hourly rate at the time of permit issuance.
Streets may be crossed by trenching only when the Township Secretary
and/or Township Engineer is satisfied that unusual circumstances exist
which, by their nature, require such method.
No permit shall be issued until the applicant shall have first
furnished the Township of Cecil with cash security for the proper
restoration of the work authorized by such permit in the amount of
not less than $200, specific amount to be determined by the Township
Engineer. In lieu of providing security with each application, an
applicant may post with the Township of Cecil a two-thousand-five-hundred-dollar
cash bond, the validity of such security shall be demonstrated annually
at the beginning of each calendar year. In cases of anticipated projects
of unusual magnitude, the Township of Cecil may require security in
excess of $2,500 as a condition of permit issuance. Bonding and permit
fees for franchised organizations shall be governed by their franchise
agreement, but are subject to all other requirements of this article.
Permits shall be issued only to persons furnishing public utility
services or the owner or owners of the real property adjoining the
location where such opening or excavation is to be made.
Any permit issued hereunder shall specify the exact location
where the opening or excavation is to be made, the approximate permitted
size or depth thereof, and the time within which the work for which
the permit is granted is to be completed.
A permit may be issued to the applicant after all the requirements
therefor have been filled. If the application is disapproved, written
notice of disapproval together with reasons therefor shall be given
to the applicant.
The work authorized by the permit is subject to all the provisions
of the Act of December 10, 1974, P.L. 852, No. 287, § 1
et seq., as amended or supplemented from time to time.[1] It shall be the permittee's responsibility to contact
the utilities that have recorded their facilities in compliance with
said Act. A partial list of utilities providing services in the Township
of Cecil and their office addresses may be obtained from the County
Recorder of Deeds.
[1]
Editor's Note: See now 73 P.S. § 176.
Any person who shall open or excavate any street in the Township
of Cecil shall thoroughly and completely refill the opening or excavation
in such a manner 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 Township of Cecil for restoration of surfaces of streets in
the Township of Cecil; 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 of Cecil for the cost of
all necessary repairs to the permanent paving.
All other work in connection with openings in any street, including
excavation, protection, refilling and temporary paving, shall be done
by or for the person to whom or which the permit has been issued at
his or its expense, and all such work shall be subject to the provisions
of this article and approval of the designated official, provided
that the designated official may, if he deems it necessary to the
proper performance of the work, require that cutting of the surface
of streets and the backfilling of all excavations therein shall be
done by the Township of Cecil; in which event the applicant shall
pay the actual cost of the work performed by the Township of Cecil.
A.
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.
B.
No more than 500 feet longitudinally shall be opened in any street
at any one time.
C.
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.
D.
No tunneling shall be allowed without the express approval of the
designated official and permission therefor endorsed upon the permit.
The backfilling of a tunnel excavation shall be made only in the presence
of the designated official or an inspector designated by him and shall
be done only in a method approved by him.
E.
Openings or excavations shall be backfilled promptly with modified
2A stones and thoroughly compacted in layers, each of which layers
shall not exceed eight inches in depth. Backfilling shall be placed
to within 10 inches of the surface.
F.
A temporary paving of cold-patch premix, thoroughly bound and compacted,
shall be installed flush with the surface of the adjoining paving
and maintained for a period of 90 days.
G.
On concrete base streets, such base shall be replaced with concrete,
and the minimum size of the opening or excavation shall be 16 square
feet.
H.
During the making of any excavation in the 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 both day and night by guards, barriers, lanterns, traffic
control and other devices, and all excavating permits granted hereunder
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 of Cecil 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.
I.
The applicant shall notify the designated official when the opening
or excavation is ready for backfilling before any backfilling is done;
when backfilling work is completed; when temporary paving has been
installed; and when the street has been permanently restored so that
inspections may be made.
J.
In the event that any work performed by or for a permit holder shall,
in the opinion of the designated official, 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 designated
official, the Township of Cecil may proceed to correct such unsatisfactory
work or complete any such work not completed and charge the cost thereof
plus 20% to the applicant.
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 article 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 Township Secretary, 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.
The permission herein granted does not confer upon the permittee
or its contractors the right to cut, remove or destroy trees or shrubbery
within the legal right-of-way except under specifications, regulations
and conditions as the Township of Cecil may prescribe.
If at any time in the future the roadway is widened, reconstructed
or the alignment or grades are changed, the permittee further agrees
to change or relocate all or any part of the structures covered by
this permit which interfere with the improvement of the roadway at
its own cost and expense.
No new water, sewer, steam or gas main or electric, telephone
or other utility line shall hereafter by laid or constructed, and
no such existing main or line shall be extended, in any of the streets
of the Township of Cecil until the plan therefor shall have been first
filed with the Township Secretary and such plan, and the exact location
of such main or line, approved by him. The Township Secretary shall
not approve the locating of any such main or line at a depth of less
than 30 inches from the surface of the street unless he shall be convinced
that locating the same at a depth of more than 30 inches from the
surface is impossible or impractical.
A.
Notice of proposed improvement. When the municipality shall overlay,
improve or pave any street, the Township Secretary first shall give
notice to all persons owning property abutting on the street about
to be paved or improved and to all public utility companies and authorities
that they shall make all connections as well as any repairs thereto
which would necessitate excavation of the street within 30 days from
the giving of such notice. The time shall be extended if permission
is requested, in writing, and approved by the Township Secretary after
consultation with the Township Engineer.
B.
Restrictions upon opening newly improved street. No permit shall
be issued by the Township Secretary which would allow an excavation
or opening in a paved and improved street surface less than five years
old unless the applicant can demonstrate clearly the 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 Township Secretary a permit is issued to open any paved and improved
street surface less than five years old, a penalty charge shall be
made for the opening, except that the penalty shall be waived in the
event that the work is of an emergency nature. The penalty charge
shall be on a sliding scale and shall be equal to 2% of the cost of
restoring the opening for each unelapsed month or fraction thereof
of the five-year restricted period. Said penalty may be waived by
action of the Cecil Township Board of Supervisors. The street opening
repairs shall be in accordance with the Township standards.
A.
Every utility company 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 of
Cecil or to or from premises of its inhabitants or for any other purpose
shall file with the Township Secretary within 120 days after the adoption
of this article a written statement containing the names of the Township
of Cecil's streets wherein the aforementioned facilities owned by
such person are located.
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.
The provisions of this article shall not apply to laying sidewalks
or curbs.
[Adopted 12-29-2014 by Ord. No. 2-2014]
Any persons or entities, including any owners, occupants, tenants
or persons acting under the direction of or under the authorization
of such persons or entities, are prohibited from depositing, discharging
or causing to be deposited any snow, ice, slush, water, refuse, grass,
dirt, mud, trees or parts of trees, or any other debris, or combination
thereof, (obtained from any place) on any public road, street, highway
or alley in the Township.
Any persons or entities, including any owners, occupants, tenants
or persons acting under the direction of or under the authorization
of such persons or entities, who deposit or cause to be deposited
or discharged any snow, ice, slush, water, refuse, grass, dirt, mud,
trees or parts of trees, or any other debris, or combination thereof,
on any public road, street, highway or alley in the Township shall
be guilty of the commission of a summary offense and shall, upon conviction
for every such offense, pay a fine of not less than $50 nor more than
$1,000 including costs.
Nothing contained in this article shall limit the Supervisors
of the Township of Cecil from taking any other action at law and/or
in equity and/or under the statutory law which may be necessary in
order to abate any obstruction or nuisance, after having given reasonable
notice to the person or entity causing the existence of such obstruction
relative to the necessity as to removal of same.
This article is adopted in conjunction with and as a supplement
to Section 2326 of the Second Class Township Code (53 P.S. § 67326)
and shall take effect five days after passage.
