[Adopted 12-5-1955 by Ord. No. 7-55 (Ch. 21, Part 2, of the 1995 Code of Ordinances)]
A. 
The following words, when used in this article, shall have the meanings ascribed to them in this section, unless the context clearly indicates otherwise:
MUNICIPAL AUTHORITY
An agency of the Commonwealth of Pennsylvania formed under and governed by the Pennsylvania Municipality Authorities Act.[1]
[Added 4-14-2020 by Ord. No. 2020-O-05]
PERSON
Any natural person, partnership, firm, association or corporation.
STREET
The entire legal right-of-way of any public street, avenue, road, lane, alley or highway or other public place located within and maintained by the Township of Warrington and established for the use of vehicles.
[1]
Editor's Note: See 53 Pa.C.S.A. § 5601 et seq.
B. 
In this article, the singular shall include the plural, and the masculine shall include the feminine and neuter.
[Amended 10-8-2019 by Ord. No. 2019-O-10]
It shall be unlawful for any person to open or to make any excavation of any kind in any of the street rights-of-way in the Township of Warrington without first securing a road occupancy permit therefor, as hereinafter provided.
[Amended 10-8-2019 by Ord. No. 2019-O-10; 4-14-2020 by Ord. No. 2020-O-05]
Any person who shall desire to make any opening or excavation in any of the street rights-of-way in the Township of Warrington shall make application to the Township Manager, in writing, for this purpose. Such application shall be made on forms and blanks to be furnished by the Township and shall set forth the name of the applicant, the exact location of the proposed opening or excavation, and the approximate size and depth thereof, and shall contain an agreement on the part of the applicant that the work shall be done in full compliance with 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. Municipal authorities may apply for an annual permit covering all road openings or excavations within Township rights-of-way anticipated to occur during the year in which the application is made. Prior to commencing work within a particular right-of-way, a municipal authority to whom an annual permit has been issued shall submit plans and specifications deemed sufficient by the Township Engineer covering the work proposed.
[Amended 2-21-1995 by Ord. No. 95-3; 10-8-2019 by Ord. No. 2019-O-10; 4-14-2020 by Ord. No. 2020-O-05]
A. 
With the exception of municipal authorities, the applicant shall pay to the Township the sum, to be established from the current Township Fee Schedule, as adopted by the Board of Supervisors, to cover the cost of the permit application and review, inspection and other incidental services in connection therewith.
B. 
Municipal authorities shall pay to the Township an annual permit fee, to be established from the current Township Fee Schedule. Municipal authorities shall be responsible to reimburse the Township for all costs associated with the review of plans for individual projects and associated inspection services for each project based upon consultant fees established under the current Township Fee Schedule. Municipal authorities shall separately pay all review and inspection fees with each individual project which involves road opening or excavation within a Township right-of-way.
[Amended 10-8-2019 by Ord. No. 2019-O-10]
The Board of Supervisors or its agents shall inspect during and at the completion of the excavation and may reinspect the work not more than two years after its completion, and if any settlement of the road surface or other defect appears in the work contrary to the conditions, restrictions and regulations of the Township, the Board of Supervisors may enforce compliance therewith. Any person who shall open or excavate any improved or unimproved street in the Township shall be responsible to the Township for any defects which shall appear within a period of two years after the surface is replaced. The applicant shall reimburse the Township for the cost of all necessary repairs to the permanent paving caused or resulting from defective backfilling operations.
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 and approved by the Township Manager.
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 to not interfere with water mains, sewers, 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 Township Manager and permission therefor endorsed upon the permit. The backfilling of a tunnel excavation shall be done in a manner approved by the Township Manager.
E. 
All openings or excavations shall be backfilled promptly with suitable materials and thoroughly compacted in layers, each of which shall not exceed six inches in depth. On improved streets, the backfilling shall be placed to within 10 inches of the surface.
F. 
On improved streets, a temporary paving of suitable stone materials or modified stone, thoroughly bound and compacted, shall be installed flush with the surface of the adjoining paving. The Township Manager may require the surface patching to be made with asphaltic materials.
G. 
During the making of any excavation in any street, every necessary and reasonable precaution shall be taken by the applicant and the parties both day and night by guards, barriers, lanterns and other devices and all excavating permits are granted under and subject to the express condition that the person to whom the same is issued shall indemnify and save and keep harmless the Township of Warrington 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, conduit, apparatus or any other matter placed in the said excavation or around the same.
H. 
The applicant shall notify the Township Manager when the opening or excavation is ready for backfilling before any backfilling is done and when the work is completed by proper backfilling in the case of unimproved streets and by temporary paving in the case of improved streets.
I. 
In the event that any work performed by or for a permit holder shall, in the opinion of the Township Manager, 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 Township Manager, 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 applicant.
J. 
All other work in connection with openings in any street, including excavation, protection, refilling and temporary paving, shall be done by the applicant at his expense, and all such work shall be subject to the provisions of this article and to the supervision and approval of the Township Manager.
K. 
No permit shall be issued to perform an opening or excavation of any Township highway, roadway, alley or other public right-of-way that was constructed, reconstructed or resurfaced fewer than three years prior to application for a permit under this chapter unless the applicant agrees, in writing, to overlay or pave the surface of the public right-of-way, from curb to curb and intersection to intersection, to the satisfaction of the Township. The Township may grant an exception to this section in the case of an emergency in which the exigencies of public health or safety require such an exception.
[Added 12-17-2013 by Ord. No. 2013-O-18]
L. 
Each person issued a permit shall submit to the Township, not later than 30 days after completion of the permitted construction (or any part thereof, if required by the Township), two paper copies and one electronic copy of an as-built map or maps and engineering specifications as set forth by the Township depicting and certifying the location of the facilities constructed. Such engineering specifications and electronic and paper maps shall be submitted in a format and includes the information required by the Township. If the maps are not provided electronically in the required format, then the person shall reimburse the Township for the cost of converting paper maps into electronic form or the cost of converting electronic maps in another format into the required format.
[Added 12-17-2013 by Ord. No. 2013-O-18]
[Amended 10-8-2019 by Ord. No. 2019-O-10]
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 the owner or person responsible fails to rectify any such emergency condition which presents an immediate or imminent safety or health problem within 48 hours or any other defect within 60 days after written notice from the Board of Supervisors to do so, the Board of Supervisors or its agents may do the work and impose upon such owner or person the cost thereof, together with an additional 20%.
[Amended 4-14-2020 by Ord. No. 2020-O-05]
No new gas main shall hereafter be laid or constructed and no gas main shall be extended in any of the streets of the Township until the exact location thereon and the plan thereof and the plan therefor shall have been first approved by the Board of Supervisors, or their agent, of Warrington Township.
Every private lane, road, alley, driveway, drive or entrance road connecting with any street of the Township of Warrington shall be so constructed or altered that the water and surface drainage shall not be blocked or diverted from the course of the gutter, and that the surface drainage from such private lane, road, alley, driveway, drive or entrance road shall flow into the gutter of said street and not upon the roadway or roadbed thereof. Any person desiring to connect any such private lane, road, alley, driveway, drive or entrance road with any public street shall be required to apply for Township approval for such work and submit specifications for said proposed work to the Township Manager or Township Engineer for approval. No charge shall be made for such approval. Culvert pipes may be installed by applicant but only after specific approval as to size, type and method of installation by the Township Manager or Township Engineer. All existing pipes and culverts shall be maintained in a satisfactory condition by the owner. In the event the pipe or culvert is determined to be not properly maintained or installed or of an insufficient size for effective drainage, the Township may replace the pipe or culvert with the proper type and size and all material charges resulting from such work shall be chargeable to the property owner or owners served by such pipe or culvert.
It shall be unlawful for all persons owning or occupying property along any public street of the Township of Warrington to drain or allow to drain or to allow the flow into or upon any street or gutter by pipes or any other channel, either natural or artificial, any water or drainage from sinks, bathtubs, washstands, lavatories, water closets, swimming pools, laundry tubs, washing machines, privies, pools, septic tanks or cesspools of any kind or nature whatsoever, or allow any other foul or offensive water or drainage to percolate into or upon said streets or gutters.
Payment for all work done by the Township under the provisions hereof shall be made by the person made liable therefor under the provisions hereof within 30 days after a bill therefor is sent to such person by the Township. Upon failure to pay such charges within such times, the same shall be collectible by the Township in the manner provided by law for the collection of municipal claims.
[Amended 2-21-1995 by Ord. No. 95-3; 2-10-1998 by Ord. No. 98-2; 10-8-2019 by Ord. No. 2019-O-10]
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. This article may be enforced initially by violation ticket (citation); see Chapter 38, Ordinance Enforcement Procedures, Article II, Tickets for Certain Offenses.
[Amended 2-21-1995 by Ord. No. 95-3; 10-8-2019 by Ord. No. 2019-O-10]
Public utilities which are required by the provisions of the Second Class Township Code,[1] as amended from time to time, to obtain a permit from the State Department of Transportation shall be exempt from the provisions of this article, provided the permit issued by the State Department of Transportation is exhibited to the Township Manager prior to the commencement of any work or construction upon or in any portion of a Township road within the Township of Warrington.
[1]
Editor's Note: See 53 P.S. § 65101 et seq.