[Ord. No. 91-1, 12/17/1991]
1.
EXCAVATION
PERSON
STREET
TOWNSHIP
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 or cartway
which involves cutting, breaking or disturbing the surface thereof
or tunnelling underneath the surface. 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, highway or
other public place located in the Township and established for the
use of the vehicles, but shall not include state highways.
The Township of Forward, Butler County, Pennsylvania.
2.
In this Part, the singular shall include the plural and the masculine
shall include the feminine and the neuter.
[Ord. No. 91-1, 12/17/1991]
From time to time, the Board of Supervisors shall, by resolution,
designate a Township official or other authorized agent, hereinafter
referred to as the designated official, to administer this Part. The
designated official shall review permit applications, issue or deny
permits, inspect all permitted activities and carry out all of the
responsibilities assigned to him by this Part.
[Ord. No. 91-1, 12/17/1991]
1.
It shall be unlawful for any person to open or to make any excavation
of any kind in any of the streets in the Township without first securing
a permit therefor, as hereinafter provided.
2.
Each excavation or opening on the street, including each noncontiguous
excavation or opening on the same street, shall require a separate
permit.
[Ord. No. 91-1, 12/17/1991]
Any person who shall desire to make any opening or excavation
in any of the streets in the Township shall make application to the
Township, in writing, for that purpose. Such application shall be
made upon blanks to be furnished by the Township and shall set forth
the name of the applicant and all of the information required by this
Part and shall contain an agreement on the part of the applicant that
the work shall be done in full compliance with the ordinances of the
Township and the laws of the commonwealth in relation thereto, and
that the applicant shall well and truly save, defend and keep harmless
the Township from and indemnify it against any and all actions, suits,
demands, payments, costs and charges for or by reason of the proposed
opening or excavation and all damages to persons or property resulting
in any manner therefrom or occurring in the prosecution of the work
connected therewith or from any other matter, cause or thing relating
thereto.
[Ord. No. 91-1, 12/17/1991]
Before any permit shall be issued to open or excavate any street
in the Township, the application shall pay a permit feet in accordance
with a fee schedule to cover the cost of inspection and other incidental
services in connection therewith. This fee schedule shall be fixed
from time to time by resolution of the Board of Supervisors. Said
fee shall be retained by the Township for its general use.
[Ord. No. 91-1, 12/17/1991]
Permits shall be issued only to persons furnishing public utility
services or the owner or owners of the real property adjoining the
location where such opening or excavation is to be made.
[Ord. No. 91-1, 12/17/1991]
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 is to be completed.
[Ord. No. 91-1, 12/17/1991]
A permit may be issued to the applicant after all the requirements
therefor have been filed. If the application is disapproved, written
notice of disapproval together with reasons therefor shall be given
to the applicant.
[Ord. No. 91-1, 12/17/1991]
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
et seq., 73 P.S. § 176 et seq., 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. A partial list of utilities providing services in the
Township and their office addresses may be obtained from the County
Recorder of Deeds.
[Ord. No. 91-1, 12/17/1991]
Any person who shall open or excavate any street in the Township
shall thoroughly and completely refill the opening or excavation in
such a manner as to prevent any settling thereafter, and shall restore
the surface to the same condition as it was before the opening or
excavation, and such restoration shall be in accordance with the specifications
of the Department of Transportation of the Commonwealth of Pennsylvania
which are hereby adopted as specifications of the Township for restoration
of surfaces of streets in the Township. As restored, the surface shall
conform to the proper grade and be of the same surface covering as
the part of the thoroughfare immediately adjoining the opening. If,
within two years after the restoration of the surface as herein provided,
defects shall appear therein resulting from defective backfilling
by the applicant, the applicant shall reimburse the Township for the
cost of all necessary repairs to the permanent paving.
[Ord. No. 91-1, 12/17/1991]
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 designated official may, if he 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, in which event the applicant shall
pay the actual cost of the work performed by the Township.
[Ord. No. 91-1, 12/17/1991]
1.
No opening or excavation in any street shall extend from the curbline
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 any one time.
3.
The work of excavation shall be so conducted as not to interfere
with the water mains, sewers or their connections with the houses
or any other subsurface lines or construction until permission of
the proper authorities in connection with such subsurface lines or
constructions shall have been obtained.
4.
No tunneling shall be allowed without the express approval of the
designated official and permission therefor endorsed upon the permit.
The backfilling of a tunnel excavation shall be done only in a method
approved by the designated official and shall be completed only while
he is present to inspect the backfilling.
5.
All openings or 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 within 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 keep harmless the Township 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 said excavation.
9.
The applicant shall notify the designated official 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 designated official, be unsatisfactory and the
same shall not be corrected in accordance with his instructions within
the time fixed by him or in the event that the work for which the
permit was granted is not completed within the time fixed by the designated
official, the Township may proceed to correct such unsatisfactory
work or complete any such work not completed and charge the cost thereof,
plus 20%, to the applicant.
[Ord. No. 91-1, 12/17/1991]
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 designated official, after such notice as he shall
deem necessary under the circumstances of the particular case, shall
have the emergency condition corrected and charge the same on the
basis of cost plus 20% to such owner or person.
[Ord. No. 91-1, 12/17/1991]
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 may prescribe.
[Ord. No. 91-1, 12/17/1991]
The Township shall give timely notice to all persons owning
property abutting on any street within the Township about to be paved
or improved and to all public utility companies operating in the Township,
and all such persons and utility companies shall obtain the necessary
street opening permits and make all water, gas or sewer connections,
as well as any repairs thereto which would necessitate excavation
of the said street within 90 days from the giving of such notice,
unless such time is extended, in writing, for cause shown by the designated
official. 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 designated official.
If it is sought to excavate upon or open a sewer within five years
after the completion of the paving, the applicant shall make written
application to the Board of Supervisors, and a permit for such opening
shall be issued only after express approval of the Board.
[Ord. No. 91-1, 12/17/1991]
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 structures covered by
this permit which interfere with the improvement of the roadway at
his or its own cost and expense.
[Ord. No. 91-1, 12/17/1991]
Any person who shall violate any provision of this Part shall,
upon conviction thereof, be sentenced to pay a fine of $100, together
with the costs of prosecution, and in lieu of paying such fine and
costs, shall be committed to the Butler County Correctional Institution
for a period not to exceed five days for each separate offense. Each
day's violation of any of the provisions of this Part shall constitute
a separate offense.
[Ord. No. 91-1, 12/17/1991]
In addition to the remedies provided in § 9-117 above, any continued violations of this Part constituting a nuisance in fact or which shall, in the opinion of the Board, constitute a nuisance may be abated as such by proceedings against the violator by action in equity or law.
