[Ord. No. 136, 8/2/1993]
The following words, as used in this Part, shall have the meanings
ascribed thereto:
The Township Engineer or other person duly authorized and
appointed by the governing body to perform the duties of Engineer.
The Board of Supervisors of the Township.
A document in an approved form issued by the person, designated
by the governing body, regulating the opening and closing of excavations
in dedicated streets.
Any natural person, partnership, association, firm, corporation
or other entity.
The right-of-way of any dedicated public street, avenue,
boulevard, highway or alley in the Township, excepting any state or
county highways.
The Township of Amity, Berks County, Pennsylvania.
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The singular shall include the plural and the plural shall include
the singular, and the masculine shall include the feminine and neuter.
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[Ord. No. 136, 8/2/1993]
(a)
It shall be unlawful for any person to drill any hole or make any
opening or excavation in any street in the Township without first
having obtained from the Township a permit.
(b)
All work authorized by permit shall be done in strict conformity
with said permit and in strict conformity with the provisions of this
Part.
(c)
No permit shall be issued until the applicant therefor shall have
complied with the following conditions:
(1)
Payment of permit fee, per street opening, which sum shall be
for the use of the Township at such rate as may be adopted by the
Board of Supervisors by Resolution and as may be amended from time
to time by further resolution of the Board of Supervisors.
(2)
Applicant shall deposit with the Township a security deposit,
the amount of which shall be determined by the Township based upon
the cost of all restoration requirements. Such deposit may, in the
event of failure of the applicant to complete the closure in accordance
with the terms of this Part, be applied by the Township toward the
cost of restoration of the street opened or excavated. Any balance
remaining on said security deposit may be returned by the Township
to the permit holder, or the Township, in its discretion, may retain
any balance as liquidated damages. In the event that said security
deposit is not sufficient to cover all costs of restoration, then
and in that event the permit holder shall pay to the Township the
amount of such deficiency within 10 days of written notification by
the Township to the permit holder of the amount of the deficiency.
(3)
Any person, in lieu of depositing the security as hereinabove
provided, may submit a performance bond with corporate surety in such
amount as may be determined by the Township and shall include such
conditions as the Township may require and approve. In the event said
bond is approved by the Township and thereafter any person having
submitted such bond violates the provisions of this Part, the Township,
in its sole and absolute discretion, may require said person to deposit
a cash security deposit as hereinabove stated and may cancel and return
the bond to said person.
(d)
In the case of any emergency involving a threat of injury to person
or damage to property, a person may, upon notice to the Township Police
Department, open or excavate any street without first having obtained
a permit pursuant to this Part. In that event said person shall, within
24 hours of the commencement of work, apply for a permit pursuant
to this Part. In the event that said work for said emergency occurs
during a holiday or such other day when the Township office is closed
and a permit cannot be obtained, the required permit under the terms
of this Part shall be obtained on the first working day thereafter.
[Ord. No. 136, 8/2/1993]
Each person requesting a permit under this Part shall file an
application with the Township, which application shall state the following:
(a)
The purpose for which such opening or excavation is to be made.
(b)
The location and approximate dimensions of such opening or excavation.
(c)
An estimate of the length of time required for the work to be done
under said permit.
(d)
Applicant's name, address and telephone number.
(e)
The names and addresses of all persons, firms, associations or corporations
interested in and participating in the work to be done.
[Ord. No. 136, 8/2/1993]
Any permit granted pursuant to this Part shall be granted for
a designated purpose at a specific location and for a specific period
of time. The permit may contain any further conditions that may be
required by the Township. All work performed pursuant to a permit
shall be done strictly in accordance with the terms and conditions
set forth in the permit.
[Ord. No. 136, 8/2/1993]
During the progress of the work, the holder of the permit shall
provide and maintain such fences, barriers, "street closed" and warning
signs, red lights and other danger signals and watchmen as may be
necessary to prevent accidents to the public, pursuant to and in compliance
with the standards established by the Pennsylvania Department of Transportation
as set forth in Title 67, Pennsylvania Code, Chapter 131, as may be
amended or supplemented from time to time, a copy of which is available
for review in the Township office. The traveling public, during the
progress of the work, shall at all times be provided for and shall
be inconvenienced as little as possible. Drainage gutters and inlets
to storm sewers shall be kept clean and unobstructed. The amount of
trench opened and also the amount unfilled at the conclusion of the
work day, if any, shall at all times be subject to the decision of
the Township Engineer.
[Ord. No. 136, 8/2/1993]
Before initiation of the work, the permit holder shall notify
the Township Road Superintendent to allow for the supervision and
inspection of the backfill and restoration.
[Ord. No. 136, 8/2/1993]
No street opening or excavation shall be permitted and no permit
shall be granted for any street opening or excavation of any newly
paved street for any purpose whatsoever within three years from the
date of completion of the paving, except for emergency repairs or
for services to an entirely new building to be erected, and then only
with prior special permission having been granted by the Board of
Supervisors upon written recommendation by the Township Engineer.
In the event that any opening or excavation shall take place for any
purpose whatsoever, including emergency, within the first year from
the date of completion of the paving of any street, then in that event
the person performing such work shall pay to the Township the sum
of $1,000 for the use of the Township, which amount shall be in addition
to all costs of said person for the refilling and restoration of said
street opening or excavation, which shall be the sole responsibility
of the person making such street opening or excavation.
[Ord. No. 136, 8/2/1993]
(a)
All openings or excavations of streets, excepting drill holes, shall,
before completion, be cut with a power saw and not with an air jackhammer
or similar device.
(b)
Any person opening or excavating any street shall, upon completion
of the project and after notification to the Township, immediately
and completely backfill such openings or excavations, mechanically
tamping the same so as to prevent any settling thereof, and shall
restore the surface to the same condition as it was prior to the making
of such opening or excavation, and prior to the expiration of the
permit, shall remove from the site of work all debris, tools and equipment.
(c)
All backfilling and restoration shall be done in strict conformance
with the detailed sketches for backfilling and restoration which are
set forth in §§ 26-313 and 26-314 of this Part.
(d)
Where test holes have been drilled, they shall be filled and sealed
with hot tar.
(e)
Temporary Restoration. Backfilling of any opening and/or excavation
shall be as follows:
[Amended by Ord. No. 300, 6/10/2017]
(1)
A bed of screenings two inches in depth shall be placed under
the utility.
(2)
From the bottom of the utility to a level two inches below the
surface of the roadway, the trench shall be backfilled with 2A aggregate,
mechanically compacted in six-inch lifts.
(3)
The final two inches shall be an application of bituminous cold
patch material.
(4)
The temporary restoration shall remain in place for a minimum
of 60 days and a maximum of 90 days. The maximum time may be extended
due to the weather constraints with permission from the Township.
(5)
The temporary restoration shall be maintained in a satisfactory
condition. The application of additional bituminous cold patch material
shall be placed by the permittee within 48 hours of written or verbal
notification by the Township.
(f)
Permanent Restoration. Permanent restoration of any opening and/or
excavation shall be as follows:
[Amended by Ord. No. 300, 6/10/2017]
(1)
The temporary bituminous cold patch material shall be excavated,
and the existing road surface shall be saw-cut in a neat, straight
line at a distance of 12 inches beyond the trench opening on all sides
of the trench. Such saw-cut shall be to a depth of eight inches. All
material inside the saw-cut shall be excavated.
(2)
The permanent base course material shall consist of six inches
of 25mm, PG 64-22, HMA or WMA base course placed and compacted in
two lifts.
(3)
The permanent wearing course material shall consist of two inches
of 9.5 mm. PG 64-22, HMA or WMA wearing course. All joints shall be
sealed with an approved asphalt sealing material placed in a minimum
twelve-inch width.
(4)
For any opening and/or excavation that exceeds 10 feet in length,
permanent restoration shall be as follows:
(i)
Excavation and placement of permanent base course material shall
be in accordance with Subsection (f)(1) and (2) above.
(ii)
Prior to placing permanent wearing course material, the existing
road surface shall be milled to a depth of two inches for the entire
length of the opening from the edge of the street to the center line
of the street (full lane width).
(iii)
Permanent wearing course shall be placed within
the entire milled area material in accordance with Subsection (f)(3)
above.
(5)
The permittee shall be responsible for any settlement or other
defects within 18 months of the permanent restoration.
(g)
Where major street openings or excavations are done on a newly constructed
street or a street repaved within three years prior to the date of
issuance of said permit, the entire street covered by the permit issued
at the location where the work is to be done, in the discretion of
the governing body, shall be retopped with paving materials prescribed
by the Township. The work of resurfacing shall be examined and inspected
by the Township. Upon satisfactory completion of said resurfacing,
the Township shall return to the permit holder any deposit and/or
bond as provided for in this Part excluding the $1,000 deposit provided
for the Township's benefit when opening a street repaved within
one year of said opening. In the event said person shall fail to restore
or resurface said street in a satisfactory manner, the Township may
perform said work and apply any amount of the security and/or bond
against the costs incurred by the Township for said restoration. In
addition, in the event that the costs of said work exceed the amount
of the deposit and/or bond, the permit holder shall pay to the Township
the deficiency within 10 days of the date of written notification
by the Township to the permit holder. No further permit shall be issued
to any person unless and until all deficiencies so billed by the Township
to said person shall have been paid in full.
[Ord. No. 136, 8/2/1993]
The party or parties 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 from all loss, costs and damages by
such applicant in the performance of the work, and shall pay the Township
costs of every kind incurred in the contesting suits on said account,
and, upon notice from the Township, will assume the defense of such
suits. The permittee shall submit to the Township a certificate of
insurance for public liability and property damage in a form and amount
satisfactory to the Township. All work shall be subject to all applicable
federal, state and local laws, and ordinances.
[Ord. No. 136, 8/2/1993]
Any person or persons, association, firm or corporation violating
any of the provisions of this Part shall, upon conviction thereof
before any District Justice, be sentenced to pay a fine of not less
than $100 or more than $600 and costs of prosecution; provided, however,
that no other permit shall be issued to any person, association, firm
or corporation nor shall any other permits be allowed to remain in
force until all fines and costs thereupon imposed hereunder shall
have been paid.
[Ord. No. 136, 8/2/1993]
From and after the enactment of this Part, it shall be unlawful
for any public service company, firm, person or corporation to install
and lay underground conduits for carrying electric light, electric
power, telephone, telegraph wires, gas and/or water under any street
within the Township of Amity unless such installation and work is
done under and subject to the supervision and approval of the Township
Road Superintendent and provided that such public service company
or party making the installation shall and will obtain a permit and
assume and pay any and all costs, expenses, damages and liability
of every kind and nature incident to and arising out of such installation,
and shall assume all liability as hereinbefore set forth in this Part
and shall conduct the work in the manner therein set forth and shall
and will, at its or their own proper cost and expense, restore such
excavation in accordance with the specifications set forth herein.
[Ord. No. 136, 8/2/1993]
If any sentence, clause, section or part of this Part is for
any reason found to be unconstitutional, illegal or invalid, such
unconstitutional, illegality or invalidity shall not effect or impair
any of the remaining provisions, sentences, clauses, sections or parts
of this Part. It is hereby declared as the intent of the Board of
Supervisors of Amity Township that this Part would have been adopted
had such unconstitutional, illegal or invalid sentence, clause, section
or part thereof not been included herein.
[Ord. No. 136, 8/2/1993;
as amended by Ord. No. 300, 6/10/2017]
[Ord. No. 136, 8/2/1993;
as amended by Ord. No. 300, 6/10/2017]
