[Ord. No. 189, 11/16/2022[1]]
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:
EXCAVATION
Any activity within any street which involves cutting, breaking, or disturbing the surface thereof. In this Part, the term "opening" shall have essentially the same meaning as "excavation."
PERSON
Any natural person, partnership, firm, association, corporation or municipal authority.
STREET
Any public street, avenue, road, square, alley, cartway, highway, or other public place located in the Township and established for the use of vehicles, but shall not include state highways.
TOWNSHIP
Any firm or individual designated by the Township to manage, supervise and inspect the street openings or excavations and restorations as set forth in this Part; generally, the Township Public Works Superintendent or the Township Engineer, or their respective designees.
[1]
Editor’s Note: This ordinance also repealed former Part 2, Street Cuts and Excavations, adopted by Ord. No. 52, 6/8/1988; as amended by Ord. No. 181, 3/6/2019.
[Ord. No. 189, 11/16/2022]
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 Upper Nazareth without first securing a permit therefor, as hereinafter provided.
[Ord. No. 189, 11/16/2022]
1. 
Any person who shall desire to make any opening or excavation in any of the streets in the Township of Upper Nazareth shall make application to the Township in writing for that purpose. Such application shall be made upon forms to be furnished by the Township and shall set forth the following:
A. 
The name of the applicant;
B. 
The exact location of the proposed opening or excavation;
C. 
The estimated dimensions and area of the proposed opening or excavation;
D. 
The dates when the proposed work will occur (if a permit is issued, any subsequent changes to the work dates listed on the permit application must be approved in advance by the Township).
2. 
The application 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 and the laws of the commonwealth in relation thereto, and that the applicant shall well and truly save, defend and keep harmless the Township 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 matter, cause or thing relating thereto.
[Ord. No. 189, 11/16/2022]
Before any permit shall be issued to open or excavate any roadway in the Township of Upper Nazareth, the applicant shall pay a permit fee in accordance with the Township's Fee Schedule, as amended, to cover the cost of inspection and other incidental services in connection therewith. Permit fees shall be as established by resolution of the Township Board of Supervisors and may include, but shall not be limited to, the following: application fee, inspection fee, and degradation fee.
[Ord. No. 189, 11/16/2022]
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, or to the developers of subdivisions who have shown a need to extend utility lines in public streets to its developments.
[Ord. No. 189, 11/16/2022]
A permit may be issued to the applicant after all the requirements therefor have been filed. If the application is disapproved, written notice of disapproval together with reasons therefor shall be given to the applicant.
[Ord. No. 189, 11/16/2022]
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., 73 P.S. § 176 et seq., as amended or supplemented from time to time. It shall be the permittee's responsibility to contact the utilities that have recorded their facilities in compliance with said Act.
[Ord. No. 189, 11/16/2022]
1. 
The person to whom a permit is issued ("permittee") shall assume all responsibility for any opening or excavation made and for backfilling and restoring the same, and for all damages that may arise by reason of the opening or excavation and backfilling or restoration of same.
2. 
All work in connection with openings or excavations in any street, including, but not limited to, excavation, maintenance and protection of traffic, refilling, temporary paving, permanent pavement restoration, and repair and replacement of incidentally damaged curb and sidewalk, shall be done by or for the person to whom or which the permit has been issued at their expense.
3. 
In the event that any work performed by or for a permit holder shall, in the opinion of the Township, be unsatisfactory and the same shall not be corrected in accordance with their instructions within the time fixed by them, or in the event that the work for which the permit was granted is not completed within the time fixed by the Township, the Township may proceed to correct such unsatisfactory work or complete any such work not completed, and charge the cost thereof, plus 20%, to the permittee.
[Ord. No. 189, 11/16/2022]
1. 
The permittee shall be solely responsible for the excavation and complete restoration of any street opening or excavation as required by this Part and all other applicable Township codes or regulations.
2. 
The permittee shall restore the roadway to the same condition as or better than it was before the opening or excavation. Surface restoration shall be completed with like materials, i.e., if the surface of the excavated street consists of cement and bituminous concrete, the surface restoration shall be completed with cement and bituminous concrete. 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.
3. 
Road construction materials shall be in accordance with the standards established in the Upper Nazareth Township Subdivision and Land Development Ordinance and specifications of Pennsylvania Department of Transportation Publication 408 (latest edition) which are hereby adopted as specifications of the Township for the restoration of surfaces of streets in the Township. As applicable, materials shall generally be procured from PennDOT Bulletin 15 (Publication 35, latest edition) listed vendors or from PennDOT-certified facilities. Alternates will be approved at the discretion of the Township.
4. 
Road construction standards shall be in accordance with the standards established in the Upper Nazareth Township Subdivision and Land Development Ordinance and specifications of Pennsylvania Department of Transportation Publication 408 (latest edition) which are hereby adopted as specifications of the Township for the restoration of surfaces of streets in the Township. Alternates will be approved at the discretion of the Township.
5. 
The permittee shall contact the Township prior to the start of any excavation work. All excavation work must be in compliance with this Part and all other applicable Township codes or regulations.
6. 
The permittee shall notify the Township when the opening or excavation is ready for backfilling before any backfilling is done, when backfilling work is completed, and prior to the placement of temporary and permanent pavement restoration so that inspections may be made.
7. 
Curb and Sidewalk. The permittee shall repair and replace in kind any curb and sidewalk removed or damaged by the work in accordance with the Township construction standards established in the Upper Nazareth Township Subdivision and Land Development Ordinance and specifications of Pennsylvania Department of Transportation Publication 408 (latest edition) which are hereby adopted as specifications of the Township for the restoration of surfaces of streets in the Township.
8. 
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 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 from any loss in 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.
[Ord. No. 189, 11/16/2022]
1. 
No opening or excavation in any street shall extend from the curbline into the roadway 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.
2. 
No more than 500 feet longitudinally shall be opened in any street at any one time.
3. 
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.
4. 
Tunneling-Missile Restrictions. Except for missiles of 2.5-inch diameter or less, no part of a trench or excavation shall be tunneled, missiled, or undermined without the express approval of the Township. The backfilling and restoration of any such work shall be completed only in the presence of the Township, or an inspector designated by them, and shall be done only in a method approved by them.
5. 
All excess excavated material shall be promptly removed from the excavation site by the permittee.
6. 
Any Permittee who shall open or excavate any street in the Township shall thoroughly and completely refill the opening or excavation in such a manner as to prevent any settling thereafter. All 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 a minimum of three inches and a maximum of five inches from the surface.
7. 
Temporary pavement restoration comprised of bituminous 25 mm Superpave base hot- or warm-mix asphalt shall be installed in accordance with Pennsylvania Department of Transportation Publication 408 (latest edition) specifications to a minimum compacted depth of three inches to be flush with the surface of adjoining pavement. Cold patch shall only be used upon written approval from the Township. Temporary pavement shall be maintained for a period of 90 days before permanent pavement restoration is completed.
[Ord. No. 189, 11/16/2022]
1. 
After 90 days, as determined by the Township, the permittee shall remove the temporary pavement and the necessary stone as follows:
A. 
For all arterial and collector roads, and for local roads subject to regular truck traffic as determined by the Township Engineer: excavate 2A stone to 9.5 inches below the existing street surface.
B. 
For local roads not subject to regular truck traffic as determined by the Township Engineer: excavate 6.5 inches below the existing street surface.
C. 
For roads with a cement concrete base course, excavate to the bottom of the cement concrete base course or a minimum of six inches, whichever is greater. The minimum size of the opening or excavation shall be 16 square feet.
2. 
Pavement Base Course.
A. 
On a cement concrete base street, such base shall be replaced with concrete, and the minimum size of the opening or excavation shall be 16 square feet. Where the depth from top of concrete base to street surface exceeds two inches, the permittee shall place asphalt cement binder course of type and compacted depth to be determined by the Township on a case-by-case basis.
B. 
On all other streets, the permittee shall place a bituminous 25mm Superpave base hot- or warm-mix asphalt as follows:
(1) 
For all arterial and collector roads, and for local roads subject to regular truck traffic as determined by the Township: place eight inches compacted in two four-inch lifts.
(2) 
For local roads not subject to regular truck traffic as determined by the Township: place five inches compacted.
3. 
Pavement Surface Restoration Wearing Course. Pavement surface restoration shall be completed by the permittee in accordance with the following conditions:
A. 
When a longitudinal opening of 50 feet or longer has been made in the pavement, the permittee shall mill and overlay the full travel lane in which the opening was made from a point 10 feet prior to the opening and a point 10 feet beyond the opposite edge of the opening. A 1.5-inch mill and overlay with 9.5mm Superpave will be required.
B. 
When two or more transverse openings within 100 feet of each other have been made in the pavement, the permittee shall mill and overlay the full travel lane in which the openings were made the full distance between a point 10 feet prior to the first opening and a point 10 feet beyond the opposite edge of the final opening. A 1.5-inch mill and overlay with 9.5mm Superpave will be required.
C. 
When work is limited to a single transverse opening made for a service lateral, stub or utility main connection, or where there is no more than one service cut within 100 feet of another service cut, and there is no longitudinal cut, the permittee shall mill and overlay an area from the road center line to the edge of pavement/curbline and that extends five feet to either side of the service lateral trench opening. A 1.5-inch mill and overlay with 9.5mm Superpave will be required.
D. 
When work is limited to a longitudinal opening less than 50 feet long, and there is no transverse opening for a service lateral, stub or utility main connection, the permittee shall mill and overlay an area that extends 10 feet beyond the limits of excavation at each end of the opening, and that extends five feet to either side of the trench opening. A 1.5-inch mill and overlay with 9.5mm Superpave will be required.
E. 
When work is limited to a longitudinal opening less than 50 feet long and includes one or multiple transverse openings within the limit of longitudinal trench opening, the permittee shall mill and overlay an area that extends 10 feet beyond the limits of excavation at each end of the opening and is a full travel lane in width from the road center line to the edge of pavement/curbline. A 1.5-inch mill and overlay with 9.5mm Superpave will be required.
F. 
The permittee's overlay work shall include, but not be limited to, full width milling or gutter milling along curbs (as approved by the Township), milling for paving notches, the placement of tack coat, sealing all joints and replacing pavement markings. Lids on all utilities shall be raised to the finish grade.
G. 
If the excavation extends across multiple travel lanes, then either a lane and one-half or the full width of the street shall be milled and overlayed depending on the limits of excavation at the discretion of the Township.
H. 
When a street opening or excavation is made within a street that was resurfaced within the previous five years, the permittee shall be subject to a degradation fee as established in this Part.
[Ord. No. 189, 11/16/2022]
1. 
The permittee shall be responsible to ensure that any openings or excavations made in the streets are adequately protected. All traffic control devices, including barricades, traffic cones, signage, flaggers and any other temporary devices, shall be provided by the permittee through the duration of the work. Traffic controls shall be provided in accordance with the following standards:
A. 
Commonwealth of Pennsylvania Department of Transportation Publication No. 213, "Temporary Traffic Control Guidelines" (latest edition).
B. 
Supplemental instructions given by the Township.
2. 
If any road closures are anticipated during the excavation, backfilling or restoration work, the permittee shall notify the Township and the appropriate Northampton County authorities (so emergency services are notified) in advance of any such closure.
3. 
Except where specifically authorized in advance by the Township, all closed or partially closed streets shall be fully reopened to traffic at the end of each workday. The use of steel plates as temporary covers for openings or excavations is permitted. Bituminous material must be installed as a transition between the existing paved surface and the steel plate.
4. 
Days and Hours for Work. Except in the case of an emergency, all work related to excavations or openings shall be restricted to certain days and hours, as follows:
A. 
Weekdays (Monday through Friday), beginning at 7:00 a.m. and concluding no later than 5:00 p.m. each day.
B. 
Saturdays, only when authorized in advance by the Township, beginning at 8:00 a.m. and concluding no later than 5:00 p.m. each day.
C. 
Work is prohibited on Sundays and on any legal holidays recognized by the Township.
[Ord. No. 189, 11/16/2022]
The permission granted by the issuance of a street opening permit 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 may prescribe.
[Ord. No. 189, 11/16/2022]
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 Part are fully complied with. If an emergency condition shall not be immediately attended to by the owner or person responsible for such pipe, line, construction, or apparatus, the Township, after such notice as shall be deemed 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.
[Ord. No. 189, 11/16/2022]
1. 
The Township shall give timely notice to all persons owning property abutting on any street within the Township about to be paved or improved and to all public utility companies operating in the Township. All such persons and utility companies shall make all water, gas or sewer connections, as well as any repairs thereto which would necessitate excavation of the said street, within 30 days from the giving of such notice, unless such time is extended in writing for cause shown by the Township.
2. 
New paving shall not be opened or excavated for a period of five years after the completion thereof, except in case of emergency, the existence of which emergency and the necessity for the opening or excavating of such paving to be determined by the Township.
3. 
If any utility or person seeks to excavate upon or open a Township street within five years after the completion of the paving or road improvement, the applicant shall make written application to the Township, and a permit for such opening shall be issued only after express approval of the Township.
4. 
Degradation Fee.
A. 
If a permit applicant seeks to excavate or open a street within five years after completion of new paving for any reason other than an emergency, the applicant, in addition to the permit fees required, shall be subject to a degradation fee as shall be established, from time to time, by resolution by the Township.
B. 
The degradation fee shall not apply, or shall be refunded if previously collected, if the permittee completes resurfacing of the roadway with a 1.5-inch mill and overlay of the street with 9.5mm Superpave as follows:
(1) 
If the longitudinal opening is less than 50 linear feet and all transverse openings are within 50 linear feet of roadway, then the mill and overlay will extend a minimum of 10 feet past the limits of excavation except as provided for in Subsection B(5) below.
(2) 
If the longitudinal opening is 50 linear feet or longer or when two or more transverse openings are within 100 feet of each other, then the mill and overlay will extend for the entire block (the distance between intersecting streets) up to a limit of 500 feet except as provided for in Subsection B(5) below.
(3) 
Applicable to the preceding Subsection B(1) and (2), if the excavation is limited to a single travel lane, then only a full travel lane need be milled and overlayed. If the excavation extends across multiple travel lanes, then the full width of the street shall be milled and overlayed.
(4) 
Applicable to preceding Subsection B(1) and (2), the minimum length of mill and overlay shall be 50 linear feet, and the mill and overlay shall in all cases extend a minimum of 10 feet past the limit of excavation.
(5) 
Applicable to preceding Subsection B(1) and (2), in every case where the limit of excavation is within 50 feet of an intersection, the mill and overlay shall extend to the edge of paving of the intersection cross street.
[Ord. No. 189, 11/16/2022]
If, within two years after the restoration of the surface as herein provided, defects appear therein resulting from defective backfilling by the applicant, the applicant shall reimburse the Township for the cost of all necessary repairs to restore the roadway to acceptable standards.
[Ord. No. 189, 11/16/2022]
If at any time in the future the roadway is widened or 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.
[Ord. No. 189, 11/16/2022]
No new water, sewer, steam or gas main or electric, telephone or other utility line shall hereafter be laid or constructed, and no such existing main or line shall be extended, in any of the streets of the Township until the plan therefor shall have been first filed with the Township and such plan, and the exact location of such main or line, if any such main or line at a depth of less than 30 inches from the surface is impossible or impractical.
[Ord. No. 189, 11/16/2022]
No company, corporation or association shall dig up any street or alley without first giving to the Township of Upper Nazareth a bond in a form acceptable to the Township, which shall be with some acceptable trust or surety company as surety in the sum of $10,000, conditioned for the faithful performance of these provisions and also for any and all damages, claims, demands, suits, costs and counsel fees occasioned or arising from the digging up, opening or closing of said streets and alleys.
[Ord. No. 189, 11/16/2022]
Payment for all work done by the Township under the provisions of this Part shall be made by the liable permittee within 30 days after a bill is sent to such person by the Township. Upon failure to pay such charges within such time, the same shall be collectible by the Township by an action in assumpsit or in the manner provided by law for the collection of municipal claims.
[Ord. No. 189, 11/16/2022]
Any person, firm or corporation who shall violate any provision of this Part, 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 Part continues or each section of this Part which shall be found to have been violated shall constitute a separate offense.
[Ord. No. 189, 11/16/2022]
The provisions of this Part shall not apply to laying sidewalks or curbs.