[Adopted 7-15-1996 by Ord. No. 274[1]]
[1]
Editor's Note: This ordinance superseded former Art.
I, Street Openings and Excavations, adopted 2-2-1965 by Ord. No. 165.
A.
APPLICANT
EMERGENCY
MUNICIPAL AUTHORITY
PERMITTEE
PERSON
PUBLIC UTILITY COMPANY
STREET
TOWNSHIP
TOWNSHIP REPRESENTATIVE
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 person who makes application for a permit.
Any unforeseen circumstances or occurrence, the existence
of which constitutes a clear and immediate danger to persons or properties.
Any body corporate and politic created pursuant to the laws
of the Commonwealth of Pennsylvania.
Any person who has been issued a permit and has agreed to
fulfill all the terms of this article.
Includes any natural person, partnership, firm, association,
utility, corporation or authority created pursuant to the Municipal
Authorities Act of the Commonwealth of Pennsylvania.[1] Whenever used in any section prescribing and imposing
a penalty, the term "person" as applied to associations shall mean
the partners or members thereof and, as applied to corporations or
municipal authorities, the officers thereof.
Any company subject to the jurisdiction of and control by
the Pennsylvania Public Utility Commission.
Includes a public street, public easement, public right-of-way,
public highway, public alley, public way or public road accepted or
maintained by the Township.
The Township of Vanport, County of Beaver, Commonwealth of
Pennsylvania.
The Engineer appointed by the Township Commissioners or his
authorized deputy, representative or inspector.
[1]
Editor's Note: The Municipality Authorities Act of 1945
(53 P.S. § 301 et seq.) was repealed by Act 22 of 2001 (June
19, 2001, P.L. 287, No. 22). See now the Municipality Authorities
Act, 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 the neuter.
It shall be unlawful for any person to make any tunnel, opening
or excavation of any kind in or under the surface of any street or
within the right-of-way thereof without first securing a permit from
the Township for each separate undertaking; provided, however, that
any person maintaining pipes, lines or other underground facilities
in or under the surface of any street may proceed with an opening
without a permit when emergency circumstances demand the work to be
done immediately, provided that the permit could not reasonably and
practically have been obtained beforehand. The person shall thereafter
apply for a permit on the first regular business day on which the
office of the Township Secretary is open for business, and said permit
shall be retroactive to the date when the work was begun. In all cases
where emergency openings are necessary, the Township Police Department
shall be notified prior to such opening.
A.
No person to whom a permit has been granted shall perform any of
the work authorized by such permit in any amount or quantity greater
than that specified in the permit except that upon approval by the
Township representative. Additional work may be done under the provisions
of the permit in such amount as the Township representative shall
deem appropriate and necessary to complete the work. Any deposit or
bond posted in connection with the permit shall be deemed to cover
any such additional work as may be approved pursuant to this section
within the limit mentioned herein.
A.
Work for which a permit has been issued shall commence within 30
days after the issuance of the permit therefor. If not so commenced,
the permit shall be automatically terminated unless the permittee
applies to the Township Secretary for an extension of time within
which to commence work. If such an extension is granted, the original
permit shall remain in force for the period of time specified in the
extension. Permits which terminate within 30 days after issuance or
within any extension of time granted by the Township representative
may be renewed only upon the payment of an additional permit fee as
originally required.
Permits are not transferable from one person to another, and
the work shall not be made in any place other than the location specifically
designated in the permit.
Every permit shall expire at the time stated in the permit.
If the permittee is unable to complete the work within the specified
time, he shall, prior to expiration of the permit, present, in writing,
to the Township Secretary a request for an extension. If, in the opinion
of the Township Engineer, such an extension is necessary and not contrary
to the public interest, the permittee may be granted additional time
for the completion of the work.
The provisions of this article shall not be applicable in those
instances where the highway is maintained by the Commonwealth of Pennsylvania
or by the County of Beaver.
Every permit shall be granted subject to the right of the Township
or of any other person to lawfully use the street for any purpose
not inconsistent with the permit.
A.
Any permit may be revoked by the Township representative after notice
to the permittee for:
B.
A permittee shall be granted a period of three days from the date
of the notice to correct the violation and to proceed with the diligent
prosecution of the work authorized by the permit before said permit
is revoked.
C.
Written notice of any such violation or condition shall be served
upon the permittee or his agent engaged in the work. The notice shall
contain a brief statement of the reasons for revoking the permit.
Notice may be given either by personal delivery thereof to the person
to be notified or by certified or registered United States mail addressed
to the person to be notified.
D.
When any permit has been revoked and the work authorized by the permit
has not been completed, the Township shall do such work as may be
necessary to restore the street or part thereof in a condition which
will comply with the terms of this article. All expenses thereby incurred
by the Township shall be recovered from the deposit or bond the permittee
has made or filed with the Township.
It shall be the duty and responsibility of the person applying
for a permit to:
A.
Make written application for such permit with the Township Secretary
on such form as he shall prescribe. No work shall commence until the
Township representative has approved the application and plan and
issued a permit and until the permittee has paid and provided all
fees, deposits, certificates and bonds required by this, article;
provided, however, that in accordance with this article, work of an
emergency nature may commence before a permit has been issued when
said permit cannot be practically obtained beforehand. The application
for a permit 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 of Pennsylvania in
relation thereto.
B.
Furnish in triplicate a plan, if required by the Township representative,
showing the work to be performed under said permit. One copy of such
plan shall be returned to the applicant at the time the permit is
granted.
[Amended 2-24-2001 by Ord. No. 293]
C.
Agree to save the Township, its officers, employees and agents harmless
from any and all costs, damages and liabilities which may accrue or
be claimed to accrue by reason of any work performed under said permit.
The acceptance of any permit under this article shall constitute such
an agreement by the applicant whether the same is expressed or not.
It shall be the duty and responsibility of any person receiving
a permit to:
A.
Pay a permit fee of $50; provided, however, that public utility companies
and municipal authorities may, upon written notice to the Township
Secretary, elect to be billed monthly for such fees as they accrue.
B.
Pay an inspection fee of $10, plus the cost of the inspector's
time for all hours spent inspecting the work under any single permit.
C.
Furnish a certificate of insurance as required by § 157-14.8 of this article, unless exempted from such requirement by said article.
D.
Submit, when required by the Township Secretary, a list of owners
and tenants of all property abutting the area where the work authorized
by the permit is to be performed.
E.
Provide notice of his intention to excavate to all utility companies
maintaining underground facilities within the Township. Such notice
shall be in accordance with laws of the Commonwealth of Pennsylvania
regarding same.
F.
Keep the original copy of the permit and an approved copy of the
plan at all times while such work is in progress at the location for
which said permit was granted and show such permit and/or plan upon
demand by the Township highway or police authorities.
A.
No opening or excavation in any street shall extend beyond the center
line of the street before being backfilled and the surface of the
street temporarily restored.
B.
No more than 50 feet measured longitudinally shall be opened in any
street at any one time, except by special permission of the Township
representative.
C.
All utility facilities shall be located sufficiently ahead of trench
excavation work to avoid damage to those facilities and to permit
their relocation, if necessary.
D.
Pipe drains, pipe culverts or other facilities encountered shall
be protected by the permittee.
E.
Monuments of concrete, iron or other lasting material set for the
purpose of locating or preserving the lines of any street or property
subdivision or a precise survey reference point or a permanent survey
benchmark within the Township shall not be removed or disturbed or
caused to be removed unless permission to do so is first obtained,
in writing, from the Township representative. Permission shall be
granted only upon condition that the permittee shall pay all expenses
incident to the proper replacement of the monument.
F.
When work performed by the permittee interferes with the established
drainage system of any street, provision shall be made by the permittee
to provide proper drainage to the satisfaction of the Township Engineer.
G.
When any earth, gravel or other excavated material is caused to roll,
flow or wash upon any street, the permittee shall cause the same to
be removed from the street within four hours after deposit. In the
event that the earth, gravel or other excavated material so deposited
is not removed, the Township representative shall cause such removal
and the cost incurred shall be paid by the permittee or deducted from
his deposit.
[Amended 2-24-2001 by Ord. No. 293]
H.
In the event that it becomes necessary to pump water from an excavation
or from the permittee's work area into a storm sewer or catch
basin owned by the Township, the Township representative shall inspect
such storm sewers and catch basins upon completion of the work for
damage resulting from such pumping and determine the cost of repair
or rehabilitation of the same which shall be paid by the permittee
or deducted from his bond.
I.
Safety requirements.
(1)
Every permittee shall place around the project such barriers, barricades,
lights, warning flags and danger signs as shall be determined by the
Township representative to be necessary for the protection of the
public. Barricading shall be in compliance with the regulations as
set forth in the current edition of the Commonwealth of Pennsylvania,
Department of Highways, Traffic Engineering Bureau's Specifications
for Control and Protection of Traffic on Construction and Maintenance
Projects.
(2)
Additional safety requirements may be prescribed by the Township
Police Department.
[Amended 2-24-2001 by Ord. No. 293]
(3)
Whenever any person fails to provide or maintain the safety device
required by the Township representative, such devices may be installed
and maintained by the Township. The amount of the cost incurred shall
be paid by the permittee or deducted from his deposit.
(4)
No person shall willfully move, remove, injure, destroy or extinguish
any barrier, warning light, sign or notice erected, placed or posted
in accordance with the provisions of this article.
J.
Access to private driveways shall be maintained. Free access must
be provided at all times to fire hydrants.
[Amended 2-24-2001 by Ord. No. 293]
K.
Excavated materials shall be laid compactly along the side of the
trench and kept trimmed up so as to cause as little inconvenience
as possible to public travel. In order to expedite the flow of traffic
or to abate a dirt or dust nuisance, the Township representative may
require the permittee to provide toe boards or bins; and if the excavated
area is muddy and causes inconveniences to pedestrians, temporary
wooden plank walks shall be installed by the permittee as directed
by the Township representative. If the street is not wide enough to
hold the excavated material without using part of the adjacent sidewalk,
the permittee shall keep a passageway at least 1/2 the sidewalk width
open along such sidewalk line.
L.
Work authorized by permit shall be performed between the hours of
7:00 a.m. and 7:00 p.m., Monday through Friday, unless the permittee
obtains written consent from the Street Commissioner to do the work
at an earlier or later hour. Such permission shall be granted only
in case of emergency or in the event that the work authorized by the
permit is to be performed in congested areas.
[Amended 2-24-2001 by Ord. No. 293]
M.
In granting any permit, the Township Secretary may attach such other
conditions thereto as may be reasonably necessary to prevent damage
to public or private property, or to prevent the operation from being
conducted in a manner hazardous to life or property, or in a manner
likely to create a nuisance. Such conditions may include but shall
not be limited to:
(1)
Limitations on the period of the year in which the work may be performed;
(2)
Restrictions as to the size and type of equipment;
(3)
Designation of routes upon which materials may be transported;
(4)
The place and manner of disposal of excavated materials;
(5)
Requirements as to the laying of dust, the cleaning of streets, the
prevention of noise and other results offensive or injurious to the
neighborhood, the general public or any part thereof; and
(6)
Regulations as to the use of streets in the course of the work.
N.
No tunneling or boring shall be allowed without the express approval
of the Township representative and permission therefor endorsed upon
the permit. The backfilling of a tunnel or bore hole excavation shall
be made only in the presence of the Township representative and shall
be done in strict accordance with Township requirements.
A.
All pavement cuts, openings and excavations shall be properly made,
backfilled and temporarily surfaced by the permittee according to
Township specifications on a daily basis.
B.
The Township Secretary must be notified by the permittee during the
twenty-four-hour period preceding beginning of backfilling of the
date and approximate time at which backfilling will be begun.
C.
The work of the final restoration, including both paving surface
and paving base, shall be performed by the permittee according to
Township specifications as set forth in this article.
D.
If the Township representative finds that paving surfaces adjacent
to the street opening may be damaged where trenches are made parallel
to the street, or where a number of cross trenches are laid in close
proximity to one another, or where the equipment used may cause such
damage, he may require a negotiated contribution from the permittee
for the resurfacing in place of patching of such street if the total
area of the proposed patch or probably damaged area exceeds 25% of
the total pavement surfacing between curb faces or between concrete
gutter edges in any block. Such negotiations shall be carried on and
contributions agreed upon prior to issuance of a permit.
E.
The work of making and backfilling any opening or excavation shall
be prosecuted with due diligence and so as not to obstruct the street
more than is actually necessary. If the work is not so prosecuted,
or if the work does not, in the judgment of the Township representative,
comply with the terms of this article, he shall so notify the person
named in the permit and shall require such person, within three days
after the service of such notice, to proceed with the diligent prosecution
of such work, or properly to complete the same, as the case may be.
If such notice is not complied with, the Township may do such work
as may be necessary to backfill such excavations and to restore the
street or part thereof excavated in accordance with the specifications
herein set forth. All expenses incurred by the Township shall be recovered
from the permittee either from his deposit or surety or otherwise,
plus 15%. No further permit shall be granted any person unless and
until any opening or excavation already made by him has met all requirements
of this article. The Township representative shall be the sole judge
of proper performance.
F.
All grass or associated lawn areas which have been disturbed by the
permittee shall be properly backfilled and reseeded to the satisfaction
of the Street Commissioner.
G.
If any tree or shrub has been damaged or uprooted, it shall be the
responsibility of the permittee to properly repair or replace the
species.
H.
The Township representative shall make such inspections at the request
of the Township of all work authorized by a permit. The Township representative
is empowered to provide a full time inspector, if necessary, to ensure
compliance with the provisions of this article. The permittee shall
pay for such inspections in accordance with the provisions of this
article.
I.
All inspection costs shall be borne by the permittee. Such costs
shall be based on a schedule of charges on file in the Office of the
Township Secretary.
J.
The permittee shall notify the Township Secretary, in writing, upon
completion of all work accomplished under the provisions of the permit.
A certificate of final inspection shall be issued by the Township
representative to each permittee no sooner than one year after the
permanent restoration of the excavation has been made, provided that
the work authorized by the permit has been performed according to
Township specifications. Prior to the issuance of a certificate, the
Township representative shall make a final inspection of the restoration
to determine whether Township specifications have been adhered to.
K.
If any settlement or surface deterioration in a restored area occurs
within a period of one year from date of completion of the permanent
restoration, any expenses incurred by the Township in correcting such
settlement shall be paid by the permittee or recovered from his bond.
[Amended 2-24-2001 by Ord. No. 293]
L.
In no case shall any opening made by a permittee be considered in
the charge or care of the Township or any of its officers or employers,
and no officer or employee is authorized in any way to take or assume
any jurisdiction over any such opening, except in the exercise of
the police power when it is necessary to protect life and property.
[Amended 2-24-2001 by Ord. No. 293]
Trenches shall be filled with clean No. 2A aggregate and capped
with three-inch depth of cold patch at the end of each work day. The
aggregate shall be placed in the trench in layers not to exceed eight
inches in depth. Each layer shall be mechanically compacted. The aggregate
shall be placed in the trench to within three inches of the finished
street grade. Three inches of bituminous material shall be placed
and maintained as necessary to provide a tractive surface which matches
the existing roadway crown. The surface must remain uniform and pothole
free at all times. The permittee shall return all temporary restoration
to the satisfaction of the Township.
A.
In those incidences where an excavation has been previously backfilled
and temporarily surfaced in accordance with the specifications set
forth in this article, all bituminous asphalt material previously
installed shall be removed and the trench shall be excavated to a
depth of 12 inches below the improved section of the street surface.
B.
The existing pavement shall be removed to the required depth to a
width of one foot beyond each side of the trench. The pavement edge
shall be saw cut for a full depth.
C.
The pavement shall be placed as follows:
(1)
Existing concrete streets.
(a)
Eight-inch maximum reinforced concrete (4,000 pounds per square
inch) base on the prepared subgrade. No. 4 bars at twelve-inch centers
with trench. No. 5 bars at six-inch centers perpendicular to trench.
Concrete thickness shall match existing concrete thickness.
(b)
One-and-one-half-inch ID-2 bituminous binder course on reinforced
concrete base.
(c)
One-inch ID-2 bituminous wearing course on ID-2 bituminous binder
course.
[Amended 2-24-2001 by Ord. No. 293]
(d)
Bituminous sealer on all joints.
D.
Materials shall conform to the Pennsylvania Department of Transportation
Specifications Form No. 408, latest edition.
A.
The minimum amount of the deposit shall be the greater of the sum
of $100 or the current prevailing cost of repair or replacement as
determined by the Township representative. The deposit shall be paid
at the time the permit is received, and the deposit shall be used
to reimburse the Township for the cost of any work and/or materials
furnished by it in the event that the permittee fails to restore the
opening properly according to the specifications of this article.
The Township shall waive this requirement insofar as it pertains to
a public utility company if such company files with the Township its
corporate bond in a form satisfactory to the Township Solicitor, conditioned
upon the payment to the Township of all costs which would otherwise
be covered by and paid out of such a deposit. In the event that any
public utility company elects to file such a bond, the Township shall
bill such company monthly for such costs as they accrue or they shall
be paid at the time of securing each permit.
The deposit may be either in the form of a certified treasurer
or cashier's check or in lawful money of the United States.
If any deposit is less than sufficient to pay all costs, the
permittee shall, upon demand, pay to the Township an amount equal
to the deficiency. If the permittee fails or refuses to pay such deficiency,
the Township may institute an action to recover the same in any court
of competent jurisdiction. Until such deficiency is paid in full,
no additional permits shall be issued to such permittee.
Whenever any public utility, if it does not elect to file a corporate bond as provided in § 157-14.2 of this article, or municipal authority shall anticipate more than one street opening or excavation per calendar year, such public utility or municipal authority may post one deposit in an amount and form as provided above for the calendar year or part thereof to cover the cost of any and all work.
The decision of the Township representative as to the cost of
any work done or repairs made pursuant to the provisions of this article,
shall be final and conclusive.
Upon notification by the permittee that all work authorized
by the permit has been completed, and after restoration of the opening,
the Township Secretary shall refund to the permittee his deposit less
all costs incurred by the Township in connection with said permit.
In no event shall the permit fee be refunded.
Each applicant, upon the receipt of a permit, shall provide
the Township with an acceptable certificate of insurance indicating
that he is insured against claims for damages for personal injury
as well as against claims for property damage which may arise from
or out of the performance of the work, whether such performance be
by himself, his subcontractor or anyone directly or indirectly employed
by him. Such insurance shall cover collapse, explosive hazards and
underground work by equipment on the street and shall include protection
against liability arising from completed operations. The liability
insurance for bodily injury in effect shall not be less than $500,000
for each person and $1,000,000 for each accident and for property
damages not less than $100,000. A public utility company or municipal
authority may be relieved of the obligation of submitting such a certificate
if it submits satisfactory evidence that it is insured or has adequate
provision for self-insurance, in accordance with the requirements
of this article. Public utilities and authorities may submit annually
such evidence of insurance coverage in lieu of individual submissions
for each permit.
A.
When the Township shall improve or pave any street, the Township
shall give notice to all persons owning property abutting on the street
about to be paved or improved and to all public utilities and municipal
authorities operating in the Township, and all such persons, public
utilities and municipal authorities shall make all connections as
well as any repairs thereto which would necessitate excavation of
the street within 45 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 representative.
No permit shall be issued by the Township Secretary which would
allow an excavation of opening in a paved and improved street surface
less than five years old unless the applicant can clearly demonstrate
that public health or safety require that the proposed work be permitted
or unless an emergency condition exists.
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, an additional charge of $100 shall be made for the opening.
A.
Every person 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, or
to or from its inhabitants or for any other purposes, shall file with
the Township Secretary, within 120 days after the adoption of this
article, a set of maps showing the location of the aforementioned
facilities owned by such a person.
A.
Whenever any pipe, conduit, duct, tunnel or other structure located
under the surface of any street or the use thereof is abandoned, the
person owning, using, controlling or having an interest therein shall,
within 30 days after such abandonment, file with the Township Secretary
a statement, in writing, giving in detail the location of the structure
so abandoned.
B.
Whenever there are manholes or tunnels associated with abandoned
underground facilities, such manholes or tunnels shall be filled in
at the time of abandonment and the Township Secretary notified thereof,
in writing.
C.
When the Township plans to pave to improve streets in which there
are abandoned facilities, the owners of such facilities shall be required
to remove them if, in the opinion of the Township representative,
their removal is in the best interest of the Township. If the owner
shall refuse to remove such facilities, the Township shall remove
the abandoned facilities and the owner shall reimburse the Township
for such removal.
A.
If the work to be undertaken by the permittee is such that it will
affect the use of properties abutting or adjoining the project, the
Township Secretary shall notify the affected property owners and/or
tenants of the proposed work to be done.
B.
If the work to be undertaken by a permittee will affect other subsurface
installations in the vicinity of the proposed opening, the permittee
shall notify the owners of such facilities of the proposed work.
A.
This article shall not be construed as imposing upon the Township
or any official or employee any liability or responsibility for damages
to any person injured by the performance of any excavation work for
which an excavation permit is issued hereunder; nor shall the Township
or any official or employee thereof be deemed to have assumed any
such liability or responsibility by reason of inspection authorized
hereunder, the issuance of any permit or the approval of any excavation
work.
A.
Any person violating any of the provisions of this article or any
regulations and specifications adopted thereunder shall, upon conviction
thereof before a District Magistrate, be sentenced to pay a fine of
not less than $25, nor more than $100 for each offense, and costs
of prosecution, and, in default of payment of said fine and costs,
to be imprisoned in the Beaver County Jail for a period not exceeding
30 days. Each day that a violation is permitted to exist after notice
in writing shall have been served by the Township Secretary shall
constitute a separate offense.
