[Ord. 349, 6/2/1992]
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.
APPLICANT
Any person who makes application for a permit.
EMERGENCY
Any unforeseen circumstance or occurrence, the existence
of which constitutes a clear and immediate danger to persons or properties.
MANAGER
The Manager of the Township, or his/her authorized deputy,
representative, or inspector.
NEWLY-IMPROVED STREET
Newly-constructed cartways, including base and surfacing
of either concrete or asphalt and reconstructed cartways surfaced
with at least 1 1/4 inch top of asphalt. It shall be the prerogative
of the Director of Public Works to define the category of "newly-improved
street" and advise the proper utility companies of this designation.
PERMITTEE
Any person who has been issued a permit and has agreed to
fulfill all the terms of this Part.
PUBLIC UTILITY COMPANY
Allegheny County Sanitary Authority (ALCOSAN), any cable
television company, or any company subject to the jurisdiction of
and control by the Pennsylvania Public Utility Commission.
STREET
A public street, public easement, right-of-way, public highway,
public alley, public sidewalk, public way, or public road accepted
or maintained by the Township, or open for travel and use by the public,
whether or not so accepted or maintained, including the entire area
within the right-of-way thereof.
[Ord. 349, 6/2/1992; as amended by Ord. 427, 4/4/2006]
1. Duties and Responsibilities of Applicants. It shall be the duty and
responsibility of any applicant to:
A. Make written application for such permit with the Manager on such
form as he/she shall prescribe. No work shall commence until the Manager
has approved the application and plan and issued a permit and until
the permittee has paid and provided all required fees, deposits, certificates,
and bonds.
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 hold 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 a permit shall constitute such an agreement
by the applicant whether the same is expressed or not.
2. Duties and Responsibilities or Permittees. It shall be the duty and
responsibility of any applicant:
A. Pay a minimum permit fee in an amount as established from time to
time by resolution of the Board of Commissioners.
B. Make a deposit to cover (1) any additional costs borne by the Township specifically related to the work authorized by the permit and, unless the permittee is granted permission to restore the street surface as provided in § 21-104.2D of this Part; (2) the cost of restoring the street surface removed or damaged by the work done under such permit. The amount of such deposit shall be computed by the Manager as provided in §
21-105 of this Part. In the case of public utility companies, the Township may waive this requirement of a deposit if said utility companies file with the Township their 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 such utility companies elect to file such a bond, the Township shall bill such utility companies monthly for such costs as they accrue.
C. Furnish a maintenance bond as required in §
21-106 of this Part and, when the permittee is granted permission to restore the street surface as provided in § 21-104.2D of this Part, a performance bond as required in §
21-106 of this Part.
D. Furnish a certificate of insurance as required in §
21-107 of this Part unless excepted from such requirement by the provisions of §
21-107.
E. Submit, when required by the Manager, a list of owners and/or tenants
and/or addresses of all properties abutting the area where the work
authorized by the permit is to be performed.
F. Present evidence, when required, that all materials, labor, and equipment
which are needed to complete such work as authorized by the permit
are available.
G. Keep the original copy of the permit and an approved copy of the
plan (see Subsection 1.B above) at all times while such work is in
progress at the location for which such permit was granted and show
such permit and/or plan upon demand by a municipal official.
H. Provide advance notification to operators of underground facilities
about excavation, augering, blasting, or other activities which may
endanger under-ground facilities, using a one call system if one is
in operation.
[Ord. 349, 6/2/1992; and amended by Ord. 459, 5/8/2012, §§ 1, 2]
1. Opening and Excavation Restrictions.
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 250 feet measured longitudinally shall be opened in
any street at any one time, except by special permission of the Manager.
C. All utility facilities shall be exposed sufficiently or definite
location be determined 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. Any person whose facilities are damaged, or caused to be relocated
by the permittee, shall notify the permittee and the Township of such
damage and thereafter may make the necessary repairs or relocation
and (in conjunction with notifying the Township of such) may file
a claim against the permittee for the cost of such repairs or relocation.
Public utility companies concerned shall be notified by the Township
in sufficient time to determine the validity of the damage or relocation
claims. The cost of such repair work or relocation work may be withheld
by the Manager from the deposit pending determination of liability
for the damage.
F. 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 Manager. Permission shall be granted
only upon condition that the permittee shall pay all expenses incident
to the proper replacements of the monument.
G. 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.
H. When any earth, gravel, or other excavated material is caused to
flow roll, or wash upon any street, the permittee shall cause removal
of same from the street within eight hours after deposit to permit
safe flow of traffic. In the event the earth, gravel, or other excavated
material so deposited is not removed as specified, the Manager shall
cause such removal and the cost incurred shall be paid by the permittee
or deducted from his deposit.
I. Every permittee shall place around the project such barriers, barricades,
lights, warning flags, and danger signs as shall be determined by
the Manager to be necessary for the protection of the public. Additional
safety requirements may be prescribed by the Manager and, where applicable,
shall be in conformance with the requirements set forth in 67 Pa.Code
§ 203.1 et seq. dealing with work zone traffic control.
Copies of the publication shall be made available in the office of
the Manager for inspection by the public. Whenever any person fails
to provide or maintain the required safety devices, 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.
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 section.
J. 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.
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 dirt or dust nuisance, the Manager may require the permittee
to provide toe boards or bins; and if the excavated area is muddy
and causes inconvenience to pedestrians, temporary wooden plank walks
shall be installed by the permittee as directed by the Manager. 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 one-half the sidewalk width open along such sidewalk line.
L. 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 Manager to do the work at an earlier
or later hour. Such permission shall be granted only in the case of
an emergency or in the event the work authorized by the permit is
to be performed in traffic-congested areas.
M. In granting any permit, the Manager 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 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, weight, and type of equipment.
(3)
Designation of routes upon which materials may be transported.
(4)
Designation of 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 portion thereof.
(6)
Regulations as to the use of streets in the course of the work.
N. Hydra-hammer, Headache Ball. The use of a mechanical device for the
breaking of pavement, such as a hydra-hammer, headache ball, etc.,
will be permitted only under special written permission of the Manager.
2. Backfilling and Restoring Opening.
A. In order to assure a seamless roadway surface pavement overlay with
sealed, keyed or saw-cut edges along the entire length of any excavation,
any person, entity, public utility contractor or homeowner who engages
in any repair work, improvements, excavation, digging of any kind
in any street, avenue, road, alley, highway or other public place
located within the Township shall be required to restore and resurface
the roadway, from curb line to curb line, consistent with the standards
and requirements set forth in this Part and as described and depicted
in Appendix I hereof. In addition, should any excavation or construction
disturb a section of sidewalk, the Township Manager is hereby authorized
to require a complete, whole or in part, replacement of the sidewalk
within the area of disturbance or limits of construction.
B. All pavement cuts, opening, and excavations shall be made properly
and backfilled properly by the permittee in accordance with the specifications
set forth in Appendix I hereof. Unless permittee has been granted
permission to restore the street surface as provided in Paragraphs
C through E hereof the permittee also shall place a temporary surface
on the pavement cut, opening, or excavation in accordance with municipal
specification. If the permittee has been granted permission to restore
the street surface but weather conditions are such as to prevent the
completion of permanent restoration of the street surface at the time
backfilling is completed, permittee shall install a temporary surface
in accordance with Township specifications until such time as weather
conditions will permit permanent restoration of the street surface.
C. The Manager shall be notified by the permittee during the forty-eight-hour
periods preceding the beginnings of (1) backfilling and (2) restoration
and the approximate time each will be begun.
D. No backfilling or restoration shall be accomplished unless or until
the Manager is present or permission has been granted for backfilling
or restoration after inspection by the Manager.
E. The work of final restoration, including both paving surface and
paving base, shall be performed directly by the Township under the
supervision of the Manager; provided, however, that upon a public
utility company's application for permission to perform the work
of restoration, the Township may grant permission to such public utility
company to perform the work of restoration. In those cases where such
permission is granted, the work of restoration, including both paving
surface and paving base, shall be performed by the permittee in accordance
with the specifications set forth herein and in Appendix I hereof
and shall be subject to inspection by the Township.
F. After excavation is commenced, the work of making and backfilling
the same shall be prosecuted with due diligence. Unless the provisions
of Paragraph B of this section apply, the permittee is required to
complete permanent restoration of the street surface in accordance
with Township specifications within seven days after repairs and/or
installation are completed. Furthermore, the permittee shall be required
to install and maintain a temporary surface in accordance with Township
specifications during:
(1)
The period between the completion of repairs and/or installation
and the commencement of final restoration.
(2)
The periods during the actual work when workers do not require
access to the excavation.
G. Inspections of all work authorized by a permit shall be made by the
Manager at such times and in such manner as required to assure compliance
with provisions of this Part. If the nature of the work to be performed
under any permit is such as to require the services of a full-time
inspector, the Manager shall provide for the services of such an inspector.
H. All inspection costs shall be borne by the permittee. Such costs
shall be based upon a schedule of charges on file in the office of
the Manager.
I. Upon completion of all work accomplished under the provisions of
a permit, the permittee shall notify the Manager in writing. A certificate
of final inspection shall be issued by the Manager to each patentee
no sooner than one year and not later 18 months after the permanent
restoration of the excavation has been made, providing the work authorized
by the permit has been performed according to Township specifications.
Prior to the issuance of a certificate, the Manager shall make a final
inspection of the restoration to determine compliance with Township
specifications.
J. If any settlement in a restored area occurs within a period of two
years from date of completion of the permanent restoration, and permittee
fails to make such correction after notification, any expense incurred
by the Township in correcting such settlement shall be paid by the
permittee or recovered from his bond, unless the permittee submits
proof satisfactory to the Manager that the settlement was not due
to defective backfilling.
K. 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 of the Township 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, that the Township assumes charge
when making final surface restoration, unless permittee has been granted
permission to perform the work of restoration of the street surface
as provided in Paragraph E.
[Ord. 349, 6/2/1992]
Insurance Requirements. 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 amount of the insurance shall be prescribed by the
Manager in accordance with the nature of the risk involved; provided,
however, it shall provide for a minimum of comprehensive bodily injury
liability insurance including coverage on a personal injury basis
and comprehensive property damage liability insurance not less than
$2,000,000 combined single limit. Public utility companies and authorities
may be relieved of the obligation of submitting such a certificate
if they submit satisfactory evidence that they are insured in accordance
with the requirements of this Part or have adequate provision for
self-insurance. Public utility companies may file an annual certificate
of insurance in lieu of individual certificates for each permit.
[Ord. 349, 6/2/1992; as amended by Ord. 427, 4/4/2006]
1. Street List of Underground Utility Installations.
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 premises of its inhabitants, or for any other purposes,
shall file with the Manager, 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 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 Manager of the changes necessary
to maintain the street list required under Paragraph A above.
2. Abandoned Facilities.
A. Whenever any pipe, conduit, duct, tunnel, or other structure located
under the surface of any street is abandoned, or the use thereof abandoned,
the person owning, using, controlling, or having an interest therein
shall, within 30 days after such abandonment, file with the Manager
a statement in writing giving in detail the location of the structure
so abandoned. Whenever there are manholes or tunnels associated with
any abandoned underground facilities, such manholes or tunnels shall
be filled in at the time of abandonment and the Manager notified thereof
in writing.
B. When the Township plans to pave or improve streets in which there
are abandoned facilities, the owner of such facilities shall be notified
to remove them if, in the opinion of the Commission, their removal
is in the best interest of the Township. If the owner shall refuse
to remove such abandoned facilities, the Township shall remove the
abandoned facilities and the owner shall reimburse the Township for
such removal.
3. Notice to Property Owners and Tenants Abutting Project.
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
Manager may require the permittee to submit a list of owners and/or
tenants and/or addresses of all properties abutting the area where
the work authorized by the permit is to be performed. Upon receipt
of such list, the Manager 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
installation(s) in the vicinity of the proposed opening, the Manager
shall notify the owner(s) of such facilities of the proposed work.
4. Notice to Police and Fire Authorities. The Manager shall notify in
writing municipal police and fire authorities of all street opening
permits he/she grants of a nature that would require a street being
closed. Such notification shall state the nature of the work to be
done, proposed beginning and completion dates, and the location of
such project.
5. Violations. Any person, firm or corporation who shall violate any
provision of this Part, upon conviction thereof, shall be sentenced
to pay a fine of not more than $1,000 plus costs and, in default of
payment of said fine and costs, to a term of imprisonment not to exceed
30 days. Each day that a violation of this Part continues shall constitute
a separate offense.