[Ord. 1997-2, 3/6/1997]
1.
EXCAVATION
PERSON
STREET
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:
Any activity within the right-of-way of any street, alley
or cartway which involves cutting, breaking, tunneling or disturbing
the surface thereof. In this Part, the term "opening" shall have essentially
the same meaning as excavation.
Any natural person, partnership, firm, association, corporation
or municipal authority.
Any public street, avenue, road, square, alley, drive, highway
or other public place located in the Township of Vernon and established
for the use of vehicles, but shall not include state highways.
2.
In this Part the singular shall include the plural and the masculine
shall include the feminine and the neuter.
[Ord. 1997-2, 3/6/1997]
It shall be unlawful for any person to open or to make an excavation
of any kind in any of the street in the Township of Vernon without
first securing a permit therefor, as hereinafter provided.
[Ord. 1997-2, 3/6/1997]
Any person who shall desire to make any opening or excavation
in any of the streets in the Township of Vernon shall make application
to the Roadmaster in writing for that purpose. Such application shall
be made upon blanks to be furnished by the Township of Vernon 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 Vernon 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 Vernon from and indemnify it against any and all actions,
suits, demands, payment, 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 resulting thereto.
[Ord. 1997-2, 3/6/1997]
Before any permit shall be issued to open, excavate or tunnel
any street in Vernon Township, the applicant shall pay a permit fee
in the amount fixed according to a schedule established pursuant to
resolution. When an application shall be made to open or excavate
a longitudinal opening or excavation in excess of 10 feet, before
any permit shall be issued to open or excavate, the applicant shall
pay in addition to such minimum fee, an additional fee at the rate
for each 100 feet or fraction thereof to be opened or excavated upon
such street, pursuant to the fee schedule.
[Ord. 1997-2, 3/6/1997]
Permits shall be issued only to persons furnishing public utility
services or the owner or owners of the real property adjoining the
location of such opening or excavation to be made.
[Ord. 1997-2, 3/6/1997]
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 to be completed.
[Ord. 1997-2, 3/6/1997]
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.
[Ord. 1997-2, 3/6/1997]
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, 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. 1992-2, 3/6/1997; as amended by Ord. 2003-2, 12/4/2003]
Any person who opens, tunnels or excavates within any street in the Township of Vernon, Crawford County, Pennsylvania shall thoroughly and completely refill said openings, tunnels and/or excavations in accordance with current standards of the Township of Vernon, Crawford County, Pennsylvania as stated in § 21-211 of Part 2, of the Codified Ordinances of the Township of Vernon, as hereinafter amended and as inspected and approved by the Engineer for the Township of Vernon, Crawford County, Pennsylvania. The roadway and roadway surface shall be repaired to provide proper grade and profile and said repairs shall be made to re-establish conditions of equal or better quality than those that existed prior to the subject activities. In the event that defects occur within two years after the restoration of the roadway and roadway surface as herein provided in § 21-211 of this Part, the permittee shall reimburse the Township for the cost of all necessary repairs plus a 15% administrative fee.
[Ord. 1997-2, 3/6/1997]
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 Part and to the supervision and approval of the designated
official; provided, that the Roadmaster may, if he/she 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 Vernon, in which case the applicant
shall pay the actual cost of the work performed by the Township of
Vernon plus a 15% administrative fee.
[Ord. 1997-2, 3/6/1997; as amended by Ord. 2003-2, 12/4/2003]
1.
No opening or excavation in any street shall extend from the curb
line 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.
2.
No more than 500 feet longitudinally shall be opened in any street
at one time.
3.
The work of excavation shall be conducted as not to interfere with
the water mains, sewers or their connections with the houses, or any
other subsurface lines or connections, until permission of the proper
authorities in connection with such subsurface lines or connections
shall have been obtained.
4.
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/her and
shall be done only in the method approved by him/her.
5.
All openings and 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.
6.
A temporary paving of coldpatch premix, thoroughly bound and compacted,
shall be installed flush with the surface of the adjoining paving
and maintained for a period of 90 days.
7.
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.
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 deep harmless the Township
of Vernon 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 same excavation.
9.
The applicant shall notify the Roadmaster when the opening or excavation
is ready for backfilling before any backfilling is done, when backfilling
work is completed, when the temporary paving has been installed and
when the street has been permanently restored so that inspections
may be made.
10.
In the event that any work performed by or for a permit holder shall,
in the opinion of the Roadmaster, be unsatisfactory and the same shall
not be corrected in accordance with his instructions within the time
fixed by him/her, or in the event that the work for which the permit
was granted is not completed within the time fixed by the Roadmaster,
the Township of Vernon may proceed to correct such unsatisfactory
work or complete any such work not completed and charge the cost thereof,
plus 20% to the applicant.
11.
In the event that any opening, excavation or trenching activities
in an asphalt paved street result in the disturbance of more than
5% of the paved cartway width for a distance parallel to length of
the roadway equal to or greater than 10 feet, the permittee shall
be responsible for repairing the roadway as herein stated and overlaying
the full lane width with no less than one inch of asphalt wearing
course. The asphalt overlay shall extend no less than 10 feet beyond
the extent (beginning and end) of the disturbed area. At the terminus
perimeter of the overlay placement, the existing pavement surface
shall be milled to provide a tapered pavement notch and allow for
the placement of the finished asphalt overlay to be flush with the
abutting existing asphalt. All pavement repair and restoration shall
be the responsibility of the permittee and shall be performed in accordance
with the current standards of Vernon Township and subject to the inspection
and review and approval of the same by the Engineer for the Township
of Vernon, Crawford County, Pennsylvania.
12.
In the event that any opening, excavation or trenching activities
in an asphalt paved street result in the disturbance of more than
10% of the paved cartway width for a distance parallel to length of
the roadway equal to or greater than 10 feet, the permittee shall
be responsible for repairing the roadway as herein stated and overlaying
the full cartway width with no less than one inch of asphalt wearing
course. The asphalt overlay shall extend no less than 10 feet beyond
the extent (beginning and end) of the disturbed area. At the terminus
of the overlay placement the existing pavement surface shall be milled
to provide a tapered pavement notch and allow for the placement of
the finished asphalt overlay to be flush with the abutting existing
asphalt. All pavement repair and restoration shall be the responsibility
of the permittee and shall be performed in accordance with the current
standards of the Township of Vernon, Crawford County, Pennsylvania
and subject to inspection and review and approval by the Engineer
of the Township of Vernon.
[Ord. 1997-2, 3/6/1997]
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 any such emergency condition shall not be immediately attended
to by the owner or person responsible for such pipe, line, construction
or apparatus, the Roadmaster, after such notice as he/she 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.
[Ord. 1997-2, 3/6/1997]
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 Vernon may prescribe.
[Ord. 1997-2, 3/6/1997]
The Roadmaster shall give timely notice to all persons owning
property abutting on any street within the Township of Vernon about
to be paved or improved, and to all public utility companies operating
in the Township of Vernon and 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 Roadmaster. 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 Roadmaster. If it is sought to excavate upon
or open a sewer within five years after the completion of the paving,
applicant shall make a written application to the Vernon Township
Supervisors, and a permit for such opening shall be issued only after
express approval of the Vernon Township Supervisors.
[Ord. 1997-2, 3/6/1997]
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 structure covered by
this permit which interfere with the improvement of the roadway at
its own cost and expense.
[Ord. 1997-2, 3/6/1997]
No new water, sewer steam or gas main or electric, telephone
or other utility lines shall hereafter be laid or constructed and
no such existing line shall be extended in any of the streets of the
Township of Vernon until the plans therefor shall have been first
filed with the Roadmaster and such plans and the exact location of
such main or line approved by him/her. The Roadmaster 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/she shall be convinced that
locating the same at a depth of more than 30 inches from the surface
of the street is impossible or impractical.
[Ord. 1997-2, 3/6/1997; as amended by Ord. 2003-2, 12/4/2003]
1.
As a condition of the permit approval the Board of Supervisors of
the Township of Vernon, Crawford County, Pennsylvania shall require
the permittee to deposit a corporate bond or other security acceptable
to the Board of Supervisors of the Township of Vernon, Crawford County,
Pennsylvania to be held in escrow and equal to 110% of the total estimated
cost of all repairs to be constructed as determined by the permittee's
engineer and as approved by the Engineer for the Township of Vernon,
Crawford County, Pennsylvania. All required repairs shall be completed
within 30 days of completion of the permitted activity unless the
Township of Vernon and the permittee agree jointly for an extension
of time. If repairs are not completed within the agreed time period
or approved extension, the Township of Vernon may declare the securities
held in escrow shall be forfeited and shall utilize the same to complete
said repairs.
2.
The amount of the financial security shall be equal to 110% of the
cost of completing all of the required repairs estimated as of 90
days following completion of the repairs as determined by the permittee.
3.
The form of the financial securities shall be reviewed and approved
by the Solicitor for the Township of Vernon. Provisions for re-evaluating
the amount of the security bond as it relates to the value of the
work still to be completed at the end of each year after the commencement
of the project may be included.
4.
If the permittee's engineer and the Engineer for the Township
of Vernon cannot agree on the amount of the financial security or
if the Engineer for the Township of Vernon recommends to the Board
of Supervisors of the Township of Vernon that the Board refuse the
permittee's estimate then in that event the Board and permittee
shall agree to retain and share the expenses of a third registered
professional engineer who shall recalculate the improvement costs
and provide a final estimate which will be presumed to be fair and
reasonable.
5.
The permittee shall contact the Engineer for the Township of Vernon
before placing subbase or paving any street; before any backfilling
activities, etc., which are a part of the repairs secured by the bond
for security and shall not backfill until authorized to do so by the
Engineer for the Township of Vernon.
6.
Release of Bond.
A.
At the time the permittee has completed all necessary improvements
he/she shall notify the Secretary of the Board of Supervisors of the
Township of Vernon by registered mail of the completion of the improvements
and shall send a copy to the Engineer for the Township of Vernon.
B.
The Secretary of the Board of Supervisors of the Township of Vernon
shall within 10 days after receipt of such notice direct and authorize
the Engineer for the Township of Vernon to inspect all of the repairs
as completed.
C.
After having made his inspection the Engineer for the Township of
Vernon shall file a detailed report in writing with the Board of Supervisors
of Vernon Township no later than 30 days after the receipt of the
authorization to proceed, with a copy of the report sent by registered
mail to the permittee. The report shall be detailed and indicate approval
or rejection of the repairs either in whole or in part. In the event
that the Engineer for the Township of Vernon does not approve any
or all of the repairs, his report shall contain a statement of specific
reasons for each such failure to approve or reject the repairs. Upon
receipt of the report of the Vernon Township Engineer the Board of
Supervisors of Vernon Township shall, within five days after its regular
meeting next succeeding receipt of the report, notify the permittee
in writing by registered mail of the action relative to the report
of the Engineer for the Township of Vernon. The intent of the inspection
by the Engineer for the Township of Vernon shall be for the purpose
of determining if the repair work is acceptable to the Township of
Vernon. In the event that the Engineer for the Township of Vernon
determines that the repairs are acceptable the performance bond will
be held for an additional one year to insure against performance defects.
After a time period of one year from the Township of Vernon's
acceptance of the repair work the permittee may submit a request for
a release from the final bond. The final bond release request shall
be made pursuant to the procedures herein stated.
D.
If the Board of Supervisors of the Township of Vernon or the Engineer
for the Township of Vernon fail to comply with the provisions of the
timetable as set forth in the preceding subsection (Subsection 6C),
all the repairs that the permittee has requested be inspected shall
be deemed to have been approved and the permittee will be released
from all liability pursuant to his performance guaranty bond or other
security agreement covering only those repairs which he/she has requested
be approved.
E.
If any portion of the repairs are not approved or are rejected by
the Board of Supervisors of Vernon Township, the permittee shall proceed
to remedy and complete the repairs so designated and upon completion
the same procedure of notification as set forth in Subsection 6C for
inspection and approval shall be initiated.
7.
Partial Release of Bond.
A.
The permittee may request in writing to the Board of Supervisors
of the Township of Vernon from time to time that a part of the repair
bond be released, setting forth in said request the specific part
of the repairs that permittee contends are completed and the estimated
amount of the bond or security covering such improvements.
B.
The Board of Supervisors of Vernon Township shall authorize the Engineer
for the Township of Vernon to inspect the work and to certify the
same within 45 days of the receipt of the request that the work is
completed and the amount of the bond or other security that may be
released or that certain specific deficiencies preclude the release
of a part of the bond or security.
C.
The Board of Supervisors of the Township of Vernon on receiving the
notification from the Vernon Township Engineer approving the release
of a specific part of the bond shall authorize the bonding company
or lending institution to release the requested amount.
D.
Failure of the Board of Supervisors of the Township of Vernon to
act upon the permittee's request for release of a portion of
the bond within 45 days as hereinbefore established shall be considered
as deemed approval of the release of the part of the bond or security
requested by the permittee unless both parties agree to an extension
of the forty-five-day limitation.
E.
Upon completion and the satisfactory inspection by the Engineer of
the Township of Vernon of all repairs in the plan at least 10% of
the value of the bond or security shall be retained by the Township
of Vernon.
F.
The Township of Vernon has no obligation or responsibility to allow
or provide partial release of the bond or security and that the general
practice for partial bond or security releases will not be granted
provided, however, that case-by-case requests may be considered.
8.
Reimbursement of Expenses Incurred by The Township of Vernon. The permittee shall reimburse the Township for reasonable and necessary expenses incurred by the Engineer for the Township of Vernon for the inspection of repairs and the preparation of the report thereon as required in Subsection 6C of § 21-217.
A.
The Board of Supervisors of the Township of Vernon shall establish
from time to time by resolution a schedule of charges based upon usual
and customary hourly rates and expenses as submitted by the Engineer
of the Township of Vernon. The permittee shall be furnished a copy
of the current resolution at the time of final approval.
B.
The Engineer for the Township of Vernon shall provide a detailed
breakdown of his allocation of time to the particular aspects of the
inspection and shall submit his statement to the permittee with a
copy to the Secretary of the Township of Vernon.
C.
If the permittee disputes the statement as submitted by the Engineer
of the Township of Vernon he/she shall so inform the Secretary of
the Township of Vernon within 10 days of its receipt, accompanied
by a check payable to the Engineer of the Township of Vernon in an
amount equal to 75% of the dollar amount set forth in the statement.
Upon notification by the permittee that he/she disputes the amount
of the statement submitted by the Engineer for the Township of Vernon
the Secretary for the Township of Vernon shall notify the permittee
within five days after notification of the dispute by the permittee
that he/she has the right to appear before the Board of Supervisors
of the Township of Vernon at its next regular meeting for the purpose
of having the disputed statement reviewed by the Board of Supervisors
of Vernon Township.
D.
The permittee shall appear at the next regular meeting of the Board
of Supervisors of Vernon Township for the purpose of stating his position
relative to the statement received from the Vernon Township Engineer,
at which time the Engineer for the Township of Vernon shall then provide
input relative to the permittee's objection to the statement.
The Board of Supervisors of the Township of Vernon shall then determine
the validity of the permittee's objections to the statement and
shall further determine whether or not there is any money still due
and owing to the Engineer for the Township of Vernon by the permittee.
Upon making said determination the Board shall direct the Secretary
to notify the permittee of the balance due and owing to the Engineer
within five days after the regular meeting and the balance due, if
any, by the permittee shall be paid by him/her within 30 days after
receiving notification of the balance due. Failure of the permittee
to notify the Township Secretary that he/she disputes the bill within
10 days after receipt of the statement from the Township Secretary
or the failure of the permittee to appear at the regular meeting of
the Board of Supervisors of Vernon Township after being so notified
shall be considered a deemed approval by the permittee of the total
amount of the statement submitted by the Vernon Township Engineer
and payment of the same will be made by the permittee within 30 days
after the date of the meeting of the Board of Supervisors wherein
the position of the permittee would have been heard.
E.
In the event that the permittee disagrees with the decision of the
Board of Supervisors relative to the disputed statement the permittee
and the Board of Supervisors of Vernon Township may agree to employ
and share the expense of another registered professional Engineer
who shall review the statement and the information received by the
Board of Supervisors of Vernon Township relative to the statement
of said Engineer and may question the Engineer for the Township of
Vernon and shall within 15 days after he/she has completed his review
render a written decision to the Board of Supervisors relative to
the disputed amount of the statement and the decision of said Engineer
shall be binding on all parties.
[Ord. 1997-2, 3/6/1997]
Payment for all work done by the Township of Vernon 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 of Vernon. Upon failure to pay
such charges within such time, the same shall be collectible by the
Township of Vernon by any action in assumpsit or in the manner provided
by law for the collection of municipal claims.
[Ord. 1997-2, 3/6/1997; as amended by Ord. 1998-2, 3/5/1998]
Any person, firm or corporation who shall violate any provisions
of this Part, upon conviction thereof in an action brought before
a district justice 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. 1997-2, 3/6/1997]
The provisions of this Part shall not apply to laying sidewalks
or curbs.
