[Ord. 2017-01, 1/12/2017]
1.
APPLICANT
EXCAVATION
FACILITY
PENNDOT
PERMITTEE
PERSON or PERSONS
PUBLIC PLACE
STREET or HIGHWAY
TOWNSHIP
The following words, when used in this chapter, shall have the meanings
hereby respectively ascribed thereto, except where the context clearly
indicates otherwise:
Any person, entity and/or any organization who or which seeks
a permit from the Township to construct new structures or modify existing
structures. Any entity or organization shall designate an individual
person as the responsible contact person.
Any break or opening in the surface or subsurface of any
public place in any manner whatsoever.
Any pipe, sewer, drain, conduit, tunnel, manhole, duct, vault,
buried wire, cable, meter, gauge, valve, regulator, junction box,
transformer, tower, wire, pole, anchor, phone booth, curb, curb and
gutter, sidewalk, driveway or any other object, structure or material
of any kind, whether mentioned herein or not, which may be lawfully
constructed, left, placed or maintained in, across, under, over, upon
or along any public place.
The Pennsylvania Department of Transportation.
Any person, corporation, partnership, individual, association,
company, or other organization who applied for and was issued a permit
under this Part.
Any person or persons, corporation, partnership, individual,
association, company or any organization.
Any Township street, road, highway, avenue, lane, place,
way, alley, footpath, sidewalk, park or any public property owned
or controlled by the Township.
The entire width between the boundary lines of any street,
road, thoroughfare, highway, avenue, lane, place, way, alley, footpath,
sidewalk, or public property owned, controlled or maintained by the
Township or state within the Township, or any part thereof, which
is opened to the use of the public for purposes of vehicular travel.
The Township of Swatara, Lebanon County, Pennsylvania.
2.
In this Part, the singular shall include the plural, the plural shall
include the singular, and the masculine shall include the feminine
and the neuter.
[Ord. 2017-01, 1/12/2017]
1.
It shall be unlawful for any person to make, cause or permit to be
made or caused any excavation or opening in or under the surface of
the ground or paved areas within the boundaries of any public place,
for any purpose, without first obtaining from the Township, and paying
any applicable fees, a permit before such work is begun and complying
with such other requirements herein specified.
A.
Emergency Openings. 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 opening or 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
shall be fully complied with. If any such emergency condition shall
not be attended to immediately by the owner or person responsible
for such pipe, line, construction or apparatus, the Township Engineer
or his designee, 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 the Township shall
charge the same on the basis of the cost, plus 10% additional, to
such owner or person.
[Ord. 2017-01, 1/12/2017]
1.
Any person who shall desire to make any opening or excavation in
any street in Swatara Township shall first make application to the
Township, in writing, for the purpose a minimum of 20 days prior to
such opening or excavation. Such application shall be made upon forms
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 the ordinances of the Township and the laws of the commonwealth
in relation thereto, and that the applicant shall 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.
A.
At the time of filing of the application, the applicant shall provide
to the Township proof of general liability insurance to protect the
applicant, the party performing the work, and the Township in accordance
with the limits of insurance as adopted by resolution of the Township
Supervisors. The applicant and/or the party performing the work shall
also provide the Township with proof of workmen's compensation
insurance, special hazard insurance, property damage insurance, automobile
insurance, truck insurance and blasting damage insurance in all cases
where the Township deems the insurance coverage necessary.
B.
Approval and Issuance. Such approval and issuance of the permit shall
be granted or refused within 30 days from the date of application.
[Ord. 2017-01, 1/12/2017]
At the time of filing of the application for a permit, but in any case before any permit shall be issued to open or excavate any street in the Township, the applicant shall pay to the Township the amount of the permit fee, as established and set forth in a resolution adopted by Township Supervisors. The Township shall have the right in its discretion to waive fees for contractors performing work under contract with the Township. In addition to the permit fee, the applicant shall provide the Township with an escrow deposit, bond or other satisfactory surety as set forth in § 21-108 of this Part.
[Ord. 2017-01, 1/12/2017]
In the case of the opening or excavation of any street or alley,
the person responsible for the said opening or excavation shall be
required to refill such opening according to the Township specifications
and prepare the same for resurfacing and shall post security in such
amount as determined by the Township for completion of the work. The
Township shall have the election of requiring the person to resurface
the same or the Township may elect to do the same itself. In the event
that the Township does resurface the street or alley, the cost thereof
shall be paid by the person who opened or excavated the street or
alley. All work performed by any person under the provisions of the
within Part shall be done according to the Township specifications
and shall be done in accordance with the requirements specified by
the Township Engineer.
[Ord. 2017-01, 1/12/2017]
1.
All excavation work and restoration work shall comply with the requirements
as delineated in Exhibit A, "Street Cut Specifications," attached
and made a part of this Part.
2.
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 street
restored to a condition safe and convenient for travel.
3.
No more than 500 feet longitudinally shall be opened in any street
at any one time.
4.
The permittee shall determine the existence and location of existing
facilities and avoid conflict with them. The work of excavation shall
be so conducted as not to interfere with any water main, sewer, sewer
connection, or any other subsurface line or construction until permission
of the proper authorities in connection with such subsurface lines
or constructions shall have been obtained. No existing facility shall
be moved to accommodate the permittee, unless permission is granted
by the Township and facility owner and the cost is borne by the permittee.
The permittee shall support, by the latest approved methods, all facilities
affected by the excavation work and do everything necessary to support,
sustain and protect them under, over, along or across the work. In
case any existing facility is damaged, it shall be repaired at the
expense of the permittee. The permittee shall also be responsible
for any damage resulting to any public or private property by reason
of the damage to any existing facility caused by the permittee or
a person employed by the permittee.
5.
No tunneling shall be allowed without the express approval of the
Township Engineer and permission therefor endorsed upon the permit.
The backfilling of a tunnel excavation shall be made only in the presence
of the Township Engineer or an inspector designated by him and shall
be done only in a method approved by him.
6.
All openings and 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.
7.
On improved streets, a temporary paving of suitable stony materials,
thoroughly bound and compacted, shall be installed flush with the
surface of the adjoining paving.
8.
During the making of any opening or excavation in any 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 permits issued under this Part 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 or damages, or otherwise whatsoever, that 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 opening or excavation.
9.
The applicant shall notify the Township Engineer or the other person
designated by the Township Supervisors as observer of the said work
when the opening or excavation is ready for backfilling before backfilling,
in the case of any unimproved street, and for temporary paving, in
the case of any improved street.
10.
In the event that any work performed by or for a permit holder shall,
in the opinion of the Township Engineer or the other person designated
by the Township Supervisors as observer, 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 shall not be completed within the time fixed by
the Township Secretary and specified on the permit, the Township may
proceed to correct such unsatisfactory work or to complete such work
not completed and shall charge the cost thereof, plus 10%, to the
permittee.
[Ord. 2017-01, 1/12/2017]
Any person who opens or excavates any street or alley and resurfaces
the same in accordance with the provisions of the within Part shall
be responsible for the continued maintenance of such restored surface
for a period of two years after completion of such restoration and
shall post such security as determined by the Township.
[Ord. 2017-01, 1/12/2017]
1.
All work in connection with opening any street, including excavation,
protection and refilling, shall be done by the permittee at his expense,
and all such work shall be subject to the provisions of this Part
and to the supervision of the Township Engineer or any other person
designated by the Township Supervisors.
2.
All persons, including contractors performing work for public authorities,
desiring to open a street shall furnish a properly executed corporate
surety bond. The bond shall be executed by a reputable surety company
licensed to do business in the Commonwealth of Pennsylvania. All bonds
secured by contractors performing work under contract with public
authorities must be countersigned by the director or chairman of the
authority. Any person may, upon petition to Township Supervisors,
request that other financial security be established in lieu of a
bond, with the same terms for bonds set forth in this Part, upon approval
by the Supervisors.
3.
Said financial security shall cover street opening work performed during the calendar year. The financial security shall be in effect for two years after the restoration of the surface of the street in accordance with § 21-107 in order that the Township may collect from the bond or other surety the cost of all necessary repairs to the permanent paving and any additional costs that the Township may incur in accordance with the provisions of this Part. The amount of the surety bonds shall be $5,000, unless any street excavation or restoration work for a single project exceeds the five-thousand-dollar figure. In such event, its applicant must secure additional bonding in an amount equal to the difference between the five-thousand-dollar figure and the dollar amount computed in accordance with the prevailing costs of construction, as determined from time to time by the Township Engineer.
4.
In any case where the Township requires the Township Engineer to
become involved in the review of plans for the work or inspection
of the work, the applicant shall pay to the Township the cost of the
engineering services prior to the release of any posted financial
security.
[Ord. 2017-01, 1/12/2017]
All property owners, persons, firms or corporations, while engaged
either by themselves or by their contractors, in doing any work under
the provisions of this Part, shall fully protect the work, openings
and excavations, if any, in, upon or about said work, and conduct
all activities in accordance with all federal and state regulations.
[Ord. 2017-01, 1/12/2017]
1.
It shall be unlawful for any person, firm or corporation to dig,
excavate or construct in, on or under any newly paved street, highway,
road or alley for a period of five years following the date of the
Township Engineer's certification of the completing of the paving
or repaving of the said surface.
A.
In case of emergency, the Township may grant permission to dig, open
or excavate in or under any street, highway, road or alley within
the five-year period upon application therefor accompanied by a fee
established by resolution of the Township, and payable to the Township,
which fee shall be in addition to any charge required for a permit
to dig, excavate or open a street. The existence of such emergency
and the necessity for the opening of such paving to be determined
by the Township Engineer.
[Ord. 2017-01, 1/12/2017]
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.
