[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Editor's Note: This ordinance superseded former Art.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. 
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:
APPLICANT
Any person who makes application for a permit.
EMERGENCY
Any unforeseen circumstances or occurrence, the existence of which constitutes a clear and immediate danger to persons or properties.
MUNICIPAL AUTHORITY
Any body corporate and politic created pursuant to the laws of the Commonwealth of Pennsylvania.
PERMITTEE
Any person who has been issued a permit and has agreed to fulfill all the terms of this article.
PERSON
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.
PUBLIC UTILITY COMPANY
Any company subject to the jurisdiction of and control by the Pennsylvania Public Utility Commission.
STREET
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.
TOWNSHIP
The Township of Vanport, County of Beaver, Commonwealth of Pennsylvania.
TOWNSHIP REPRESENTATIVE
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 was repealed by Act 22 of 2001 (June 19, 2001, P.L. 287, No. 22).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.
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:
(1) 
Violation of any condition of the permit or of any provision of this article.
(2) 
Violation of any provision of any other applicable ordinance or law relating to the work.
(3) 
Existence of any condition or the doing of any act constituting or creating a nuisance or endangering life or property.
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.
(2) 
Existing improved streets other than concrete.
(a) 
Four-inch bituminous concrete base course.
(b) 
One-and-one-half-inch ID-2 bituminous binder course.
(c) 
One-inch ID-2 modified bituminous wearing course.
(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.
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.
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.
B. 
Within 90 days after the first day of January of each and every year, such person shall notify, in writing, the Township Secretary of the changes necessary to maintain the street list required in Subsection A above.
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.