[Ord. 2003-2, 2/26/2003, § 1.1]
1.
APPLICANT
DEGRADATION FEE
EMERGENCY
MUNICIPAL AUTHORITY
PERMITTEE
PERSON
PUBLIC UTILITY COMPANY
STREET
SUBDIVISION AND LAND DEVELOPMENT ORDINANCE
SUPERINTENDENT
TOWNSHIP
Definitions. The following words, when used in this Part, shall have
the meanings ascribed to them in this Part, except in those instances
where the context clearly indicates otherwise:
Any person who make application for a permit.
A fee paid by the permittee to the Township to defray a percentage
of the costs for resurfacing and reconstruction of Township streets
resulting from the depreciation of streets associated with street
openings.
Any unforeseen circumstance 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 Part.
Includes any natural person, partnership, firm, association,
utility, corporation, or authority created pursuant to an act of the
Pennsylvania General Assembly. 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,
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.
Adopted by Douglass Township Board of Supervisors as Ord. 1988-3, 5/25/1988, "Subdivision and Land Development Ordinance" [Chapter 22].
The person in charge of the Department of Streets or the
street operations in the Township, or authorized deputy, representative,
engineer, or inspector.
The Township of Douglass, County of Berks, Commonwealth of
Pennsylvania.
2.
In this Part, the singular shall include the plural and the masculine
shall include the feminine and the neuter.
[Ord. 2003-2, 2/26/2003, § 1.2]
1.
Permit Required. 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 without first securing a permit from the Township for
each separate undertaking; provided, however, 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 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 Superintendent is open for
business and said permit shall be retroactive to the date when the
work was begun. In all cases in which emergency openings are necessary,
the Township Police Department shall be notified prior to such opening.
2.
Street Openings Limited. No person to whom a permit has been granted
shall perform any of the work authorized by such permit in any amount
greater than that specified in the permit, except that upon approval
by the Superintendent additional work may be done under the provisions
of the permit in such an amount as the Superintendent shall deem appropriate
and necessary to complete the work. Any deposit and 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.
3.
Commencement of Work. Work for which a permit has been issued shall
commence within 10 days after the issuance of the permit therefore.
If not so commenced, the permit shall be automatically terminated
unless the permittee applies to the Superintendent 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 10 days after issuance
or within any extension of time granted by the Superintendent may
be renewed only upon the payment of an additional permit fee as originally
required.
4.
Permits Nontransferable. 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.
5.
Expiration of Permits. Every permit shall expire at the time stated
in the permit. If the permittee should not complete the work within
the specified time, prior to expiration of the permit, present in
writing to the Superintendent a request for an extension of time,
setting forth therein the reasons for the requested extension. If
in the opinion of the Superintendent 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.
6.
Municipal Utility Cuts. All street openings required by utilities
owned and/or operated by the Township shall be made and restored under
the direction and supervision of the Superintendent. The permit, fee,
deposit, insurance, and bond requirements of this Part shall not be
applicable to any openings made by such municipality owned and/or
operated utilities.
7.
State Highways. The provisions of this Part shall not be applicable
in those instances where the highway is maintained by the Commonwealth
of Pennsylvania, Department of Transportation.
8.
Rights of Township. 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.
9.
Revocation of Permits.
A.
Any permit may be revoked by the Superintendent, 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 Superintendent shall do such work as may
be necessary to restore the street or part thereof to as good a condition
as before the opening was made. All expenses thereby incurred by the
Township shall be recovered from the deposit or bond the permittee
has made or filed with the Township.
[Ord. 2003-2, 2/26/2003, § 1.3]
1.
Duties and Responsibilities of Applicants. It will be the duty and
responsibility of any applicant to:
A.
Make written application for such permit with the Superintendent
on such form as he shall prescribe. No work shall commence until the
Superintendent 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 Part.
B.
Furnish in triplicate a plan showing the work to be performed under
said permit. Two copies of such plan shall be returned to the applicant
at the time the permit is granted.
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 Part shall constitute
such an agreement by the applicant whether the same is expressed or
not.
2.
Duties and Responsibilities of Permittees. It shall be the duty and
responsibility of any person receiving a permit to:
A.
Pay a permit fee as established; provided, however, that public utility
companies and municipal authorities may, upon written notice to the
Superintendent, elect to be billed monthly for such fees as they accrue.
B.
Make a deposit to cover the cost of inspecting the work authorized by the permit and the cost of restoring the street damaged by such work, unless excepted from such requirements by the provisions of § 21-105 of this Part.
D.
Furnish a certificate of insurance as required by § 21-107 of this Part, unless excepted from such requirement by said Part.
E.
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 fro
which said permit was granted and show such permit and/or plan upon
demand by the Township highway or police authorities.
F.
Furnish proof that PA One-Call System, Inc., has been notified. Furnishing
PA One-Call System, Inc., provided identification number is acceptable
proof.
[Ord. 2003-2, 2/26/2003, § 1.4]
1.
Opening and Excavation Regulations.
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 without approval of the Township.
B.
Nor more than 250 feet measured longitudinally shall be opened in
any one time, except by special permission of the Superintendent.
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. 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 Superintendent.
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
bench mark within the Township shall not be removed or disturbed or
caused to be removed or disturbed unless permission to do so is first
obtained in writing from the Superintendent. Permission shall be granted
only upon condition that the permittee shall pay all expenses incident
to the proper replacement of the monument.
F.
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 24 hours after deposit.
In the event the earth, gravel, or other excavated material so deposited
is not removed, the Superintendent shall cause such removal and the
cost incurred shall be paid by the permittee or deducted from his
deposit.
G.
Every permittee shall place around the project such barriers, barricades,
lights, warning flags, and danger signs as shall be required fro the
protection of the public. Barricading shall be in compliance with
the regulations as set forth in the Commonwealth of Pennsylvania,
Department of Transportation, Bureau of Highway Safety and Traffic
Engineering, Work Zone Traffic Control, Chapter 203, latest revision.
(1)
Additional safety requirements may be prescribed by the Superintendent.
(2)
Whenever any person fails to provide or maintain the safety
devices required by the Superintendent, such devices shall be installed
and maintained by the Township. The amount of the cost incurred shall
be paid by the permittee or deducted from his deposit.
(3)
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 Part.
H.
Access to private driveways shall be provided except during working
hours when construction operations prohibit provision of such access.
Free access must be provided at all times to fire hydrants. During
working hours interruption to access to private driveways shall be
minimized. Private driveway owners shall be notified 24 hours in advance
of any interruption. If an interruption is to occur, provisions shall
be made for special circumstances as directed by the Superintendent.
I.
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 Superintendent 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 Superintendent.
J.
Work authorized by a permit shall be performed between the hours
of 7:00 a.m. and 7:00 p.m., Monday through Saturday, unless the permittee
obtains written consent from the Superintendent to do the work at
an earlier or later hour. Such permission shall be granted only in
case of an emergency or in the event the work authorized by the permit
is to be performed in traffic-congested areas.
K.
In granting any permit, the Superintendent 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 material.
(5)
Requirements for protection from dust, the cleaning of streets,
the prevention of noise, and other results offensive or injurious
to the neighborhood, the general public, or any portion thereof.
(6)
Regulations as to the use of streets in the course of work.
2.
Backfilling, Surface Restoration, and Paving.
A.
The permittee shall be responsible for backfilling, surface restoration,
and paving the street opening to its original condition prior to the
street cut. The Township shall have the full authority to establish
standards for backfilling, surface restoration, and paving for each
particular situation. Details, procedures, and materials shall be
obtained from the Township prior to submittal for a street opening
permit.
B.
All pavement cuts, opening, and excavations shall be properly made,
backfilled, and temporarily surfaced by the permittee in accordance
with the permit conditions.
C.
The work of final surface restoration shall be performed by the permittee
in accordance with the permit conditions.
D.
Excavation parallel to the street in excess of 50 linear feet shall
require milling and paving of that particular lane excavated. If excavation
crosses the center line, milling and paving shall be required curb
to curb (edge of paving to edge of paving).
E.
In the event that two or more perpendicular cuts or holes are made
in close proximity to one another as decided by the Superintendent,
milling and paving shall be required curb to curb (edge of paving
to edge to paving).
F.
The Superintendent shall make or authorize inspection as he may deem
necessary of all work authorized by the permit. All inspection costs
shall be borne by the permittee.
G.
If any settlement in a restored area occurs within a period of one
year from date of completion of the permanent restoration, any expense
incurred by the Township in correcting such settlement shall be paid
by the permittee or recovered from his bond.
H.
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 employees,
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;
provided, however, the Township shall assume charge if and when it
makes the final restoration.
[Ord. 2003-2, 2/26/2003, § 1.5; as amended by Ord.
2009-3, 8/31/2009]
1.
Computation of Deposit. The Superintendent, upon receipt of a properly
completed application, shall determine the amount of the deposit to
be made by the permittee. The deposit shall be used to reimburse the
Township for the cost of any work and/or materials furnished by it
in connection with the work authorized by the permit (permit fee),
to cover all necessary inspections of said works (inspection fee),
to cover the costs for resurfacing and reconstruction of Township
streets resulting from the depreciation of streets associated with
street openings (degradation fee), and for any other purpose set forth
in this Part. The Township may elect to 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 any public utility company elects to file such a bond,
the Township shall bill such company monthly for such costs as they
accrue.
2.
Form of Deposit. The deposit may be either in the form of a certified,
treasurer's, or cashier's check or in lawful money of the
United States.
3.
Insufficient Deposit. 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.
4.
Yearly Deposit. Whenever any public utility, if it does not elect
to file corporate bond as provided in this section, 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.
5.
Deposit and Fee Schedules. The Board of Supervisors of Douglass Township
establish the following schedule of charges:
A.
The permit fee shall be in an amount as established from time to
time by resolution of the Board of Supervisors.
B.
The inspection fee shall be in the amount as established from time
by resolution of the Board of Supervisors.
C.
The degradation fee shall be based on the number of square yards
computed for the actual size of disturbed area including pavement
area that must be removed to enable an overlap of the surface course
on the existing base course, as herein provided (Table 21-1), which
shall be amended, from time to time, by resolution.
|
Table 21-1: Degradation Fee
| ||||
|---|---|---|---|---|
|
Rate of Fee in Dollars per Square Yard for Streets Constructed,
Reconstructed, or Resurfaced Within the Following Number of Years
Prior to Issue Date of Permit
| ||||
|
Pavement Structure
|
Rates Associated with Emergency Situations or Approved
Exception
| |||
|
Less than 1 year
|
1 to 2 years
|
3 to 5 years
|
Greater than 5 years
| |
|
Concrete foundation (10 inches or less in depth) with any asphalt
surface
|
$20
|
$17
|
$14
|
$12
|
|
Concrete foundation (greater than 10 inches in depth) with any
asphalt surface
|
$24
|
$20
|
$16
|
$14
|
|
Cement concrete surface streets
|
$14
|
$12
|
$10
|
$8
|
|
Bituminous concrete surface with bituminous or stone base
|
$18
|
$15
|
$12
|
$10
|
|
Oil and chip/micro-surfaced pavement (shoulder & gutters)
with bituminous or stone base
|
$9
|
$7
|
$5
|
$5
|
6.
Decision on Costs. The Superintendent shall determine the costs of
any work done or repairs made by him or under his direction, pursuant
to the provisions of this Part. In the event a permittee disputes
the amount charged by the Superintendent for work done or repairs
made by the Township, the Township Board of Supervisors shall decide
the amount due the Township.
[Ord. 2003-2, 2/26/2003, § 1.6]
1.
Bond Requirements. Each applicant, upon the receipt of a permit,
shall provide the Township with an acceptable corporate surety bond
conditioned for compliance with the street opening specifications
of the Township and the provisions of this Part. The Superintendent
shall determine the amount of the bond and it shall be in relation
to the cost of restoring the pavement cut to be made by the permittee;
provided, however, the minimum amount of the bond shall be $1,000.
The term of each such bond shall begin from the completion date of
the permanent restoration of the opening by the Township and shall
remain in effect for an eighteen-month period. If the permittee anticipates
requesting more than one permit a year, he may file a continuing corporate
surety bond conditioned for compliance with the specifications of
the Township and the provisions of this Part in such amount as the
Superintendent deems necessary. The amount of such bond shall be in
relation to the cost of restoring pavement cuts to be made by the
permittee throughout the year. The Township may elect to 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 compliance
with the Township's street opening specifications and provisions
of this Part. Each applicant, upon the receipt of a permit, shall
provide the Township with an acceptable corporate surety bond to guarantee
faithful performance of the work authorized by a permit granted pursuant
to this Part. The amount of the bond shall be 100% of the estimated
cost of restoring the street opening. The term of the bond shall begin
upon the date of posting thereof and shall terminate upon the receipt
by the permittee of a certificate of final inspection from the Superintendent.
If the permittee anticipates requesting more than one permit per year
as required by this Part, he may furnish one continuing corporate
surety bond in such amount as the Superintendent deems necessary to
guarantee faithful performance. The amount of such bond shall be in
relation to the cost of restoring pavement cuts to be made by the
permittee throughout the year. The Township may elect to waive the
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 compliance
with the provisions of this Part.
2.
Default in Performance. Whenever the Superintendent shall find that
a defect has occurred in the performance of any term or condition
of the permit, written notice thereof shall be given to the principal
and to the surety on the bond. Such notice shall state the work to
be done, the estimated cost thereof, and the period of time deemed
by the Superintendent to be reasonably necessary for the completion
of the work.
3.
Completion of Work. After receipt of such notice, the surety must,
within the time therein specified, either cause the required work
to be performed or, failing therein, indemnify the Township for the
cost of doing the work as set forth in the notice.
4.
The Township reserves the right to waive the bond requirement.
[Ord. 2003-2, 2/26/2003, § 1.7]
Insurance Requirements. An applicant shall secure a certificate
of insurance from the Department and have the certificate properly
executed by the applicant's insurance agency. Properly executed
certificates of insurance shall be filed with the Township and verify
that the applicant is insured against claims for personal injury,
as well as against claims for property damage, which may arise from
or out of the performance for the excavation work, whether such performance
be by the applicant or anyone directly employed by him. Such insurance
shall include protections against liability arising from completed
operations, underground utility damage and collapse of any property.
Liability insurance for bodily injury shall be in an amount no less
than $300,000 for each person and $300,000 for each accident, and
for property damage in an amount not less than $100,000. Failure of
an applicant to file a certificate of insurance shall be sufficient
reason for denying a permit. The applicant to whom or for whom a permit
may be issued shall assume all responsibility for the excavations
made, shall indemnify and save harmless the Township and Township
representative from all loss, costs, and damages done or ascribed
to any act of commission or omission by such applicant in the performance
of the work, and shall be the Township costs of every kind incurred
in contesting suits on said account and, upon notice from the Township,
will assume the defense of any such suits. Further, the applicant
shall save and hold harmless the Township and Township representatives
from any and all damages and liability by reason of personal injury
or property damage.
[Ord. 2003-2, 2/26/2003, § 1.8]
1.
Notice of Improvement. When the Township shall improve or pave any
street, the Township Secretary shall give notice 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 Superintendent.
2.
Restrictions upon Opening New Streets. No permit shall be issued
by the Superintendent which would allow an excavation or opening in
a paved and improved street surface less than five years old unless
the applicant can clearly demonstrate that public health or safety
required that the proposed work be permitted or unless an emergency
condition exists.
3.
Penalty for Opening New Streets. If, by special action of the Superintendent, a permit is issued to open any paved and improved street surface less than five years old, a degradation fee (charge) shall be made for the opening, except that the penalty shall be waived in the event the work is of an emergency nature. The degradation fee (charge) shall be in accordance with § 21-105, Subsection 5.
[Ord. 2003-2, 2/26/2003, § 1.9]
1.
Street List Requirements.
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 Superintendent, within 120 days after the adoption of this
Part, a written statement containing the names of the Township's
streets wherein the aforementioned facilities owned by such a person
are located.
B.
Within 90 days after the first day of January of each and every year,
such person shall notify in writing the Superintendent of the changes
necessary to maintain the street list required in Subsection 1A above.
2.
Abandoned Facilities.
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 Superintendent
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 Superintendent notified thereof
in writing.
C.
When the Township plans to pave or 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 Board of Supervisors 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.
3.
Street Opening Permit Notices.
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
permittee 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.
C.
The Superintendent shall notify in writing the Township Police and
Fire Departments of all street opening permits he grants. Such notification
shall state the nature of the work to be done, proposed beginning
and completion dates, and the location of such projects.
