This article shall be known and may be cited as the "Street Excavation Ordinance of Moore Township."
[Adopted 11-4-1971 by Ord. No. 20]
For the purpose of this article, the following terms, phrases, words, and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.
Any person making written application to the Supervisors for an excavation permit thereunder.
The excavation and other work permitted under an excavation permit and required to be performed under this article.
Any person who has been granted and has in full force and effect an excavation permit issued hereunder.
Any person, firm, partnership, association, corporation, company or organization of any kind.
The individual delegated with this responsibility for Moore Township by the Supervisors.
Any thoroughfare, street, highway, sidewalk, alley, avenue or grounds where the public have rights of ingress and egress, whether public or private lands.
The Moore Township Board of Supervisors.
Moore Township.
It shall be unlawful for any person to dig up, break, excavate, tunnel, undermine or in any manner break up any street or to make or cause to be made any excavation in or under the surface of any street for any purpose or to place, deposit or leave upon any street any earth or other excavated material obstructing or tending to interfere with the free use of the street, unless such person shall first have obtained an excavation permit therefor from the Township as herein provided.
No excavation permit shall be issued unless a written application for the issuance of an excavation permit is submitted to the Supervisors. The written application shall state the name and address of the applicant, the nature, location and purpose of the excavation, and other data as may reasonably be required by the Supervisors. The application shall be accompanied by plans showing the extent of the proposed excavation work, the dimensions and elevations of both the existing ground prior to said excavation and of the proposed excavated surfaces, the location of the excavation work, and such other information as may be prescribed by the Supervisors.
A.
A permit fee shall be charged by the Township for the issuance of an excavation permit which shall be in addition to all other fees for permits or charges relative to any proposed construction work. The excavation permit fee shall be in an amount varying with the type of surface to be opened, dug or excavated under the permit issued, as follows:
B.
An applicant engaged in on premises agricultural activities shall be exempt from paying the permit fee and other security requirements, provided all other requirements of this article are met.
The Public Works Director shall provide each permittee at the time a permit is issued hereunder a suitable placard plainly written or printed in English letters at least one inch high with the following notice: "Township of Moore Permit No .... . Expires .........." and in the first blank space there shall be inserted the number of said permit and after word "expires" shall be stated the date when said permit expires. It shall be the duty of any permittee hereunder to keep the placard posted in a conspicuous place at the site of the excavation work. It shall be unlawful for any person to exhibit such placard at or about any excavation not covered by such permit, or to misrepresent the number of the permit or the date of expiration of the permit.
Before an excavation permit as herein provided is issued, the applicant shall deposit with the Township Treasurer a surety bond in the amount determined by the Supervisors and payable to the Township. The required surety bond must be:
A.
With good and sufficient surety;
B.
By a surety company authorized to transact business in the state;
C.
Satisfactory to the Township Solicitor or Attorney in form and substance;
D.
Conditioned upon the permittee's compliance with this article and to secure and hold the Township and its officers harmless against any and all claims, judgments, or other costs arising from the excavation and other work covered by the excavation permit or for which the Township, the Supervisors or any officer may be made liable by reason of any accident or injury to persons or property through the fault of the permittee either in not properly guarding the excavation or for any other injury resulting from the negligence of the permittee, and further conditioned to fill up, restore and place in good and safe condition as near as may be to its original condition, and to the satisfaction of the Supervisors, all openings and excavations made in streets, and to maintain any street where excavation is made in as good condition for the period of 24 months after said work shall have been done, usual wear and tear excepted, as it was in before said work shall have been done. Any settlement of the surface within said two-year period shall be deemed conclusive evidence of defective backfilling by the permittee Nothing herein contained shall be construed to require the permittee to maintain any repairs to pavement made by the Township if such repairs should prove defective. Any owner of real estate repairing or engaging another to repair his own sidewalk shall not be required to give such bond. Recovery on such bond for any injury or accident shall not exhaust the bond but it shall in its entirety cover any or all future accidents or injuries during the excavation work for which it is given. In the event of any suit or claim against the Township by reason of the negligence or default of the permittee, upon the Township's giving written notice to the permittee of such suit or claim, any final judgment against the Township requiring it to pay for such damage shall be conclusive upon the permittee and his surety.
The permittee shall take appropriate measures to assure that during performance of the excavation work traffic conditions as nearly normal as practicable shall be maintained at all times so as to cause as little inconvenience as possible to the occupants of the abutting property and to the general public, provided that the Public Works Director may permit the closing of streets to all traffic for a period of time prescribed by him if in his opinion it is necessary. The permittee shall route and control traffic including its own vehicles as directed by the Township Police Department. The following step shall be taken before any highway may be closed or restricted to traffic:
A.
The permittee must receive the approval of the Public Works Director and the Police Department.
The excavation work shall be performed and conducted so as not to interfere with access to fire stations and fire hydrants. Materials or obstructions shall not be placed within 15 feet of fire plugs. Passageways leading to fire escapes or firefighting equipment shall be kept free of piles of material or other obstructions.
The permittee shall erect and maintain suitable timber barriers to confine earth from trenches or other excavations in order to encroach upon highways as little as possible. The permittee shall construct and maintain adequate and safe crossings over excavations and across highways under improvement to accommodate vehicular and pedestrian traffic at all street intersections. Vehicular crossings shall be constructed and maintained of plank, timbers and blocking of adequate size to accommodate vehicular traffic safely. Decking shall be not less than four inches thick and shall be securely fastened together with heavy wire and staples. Pedestrian crossings shall consist of planking three inches thick, 12 inches wide and of adequate length, together with necessary blocking. The walk shall be not less than three feet in width and shall be provided with a railing as required by the Public Works Director.
The permittee shall not interfere with any existing utility without the written consent of the utility company or person owning the utility. If it becomes necessary to remove an existing utility this shall be done by its owner. No utility owned by the Township shall be moved to accommodate the permittee unless the cost of such work be borne by the permittee. The cost of moving privately owned utilities shall be similarly borne by the permittee unless it makes other arrangements with the person owning the utility. The permittee shall support and protect by timbers or otherwise all pipes, conduits, poles, wires or other apparatus which may be in any way affected by the excavation work and do everything necessary to support, sustain and protect them under, over, along or across said work. In case any of said pipes, conduits, poles, wires or apparatus should be damaged, they shall be repaired by the agency or person owning them and the expense of such repairs shall be charged to the permittee, and his or its bond shall be liable therefor. The permittee shall be responsible for any damage done to any public or private property by reason of the breaking of any water pipes, sewer, gas pipe, electric conduit or other utility and its bond shall be liable therefor. The permittee shall inform itself as to the existence and location of all underground utilities and protect the same against damage.
The permittee shall at all times and at his or its own expense preserve and protect from injury any adjoining property by providing proper foundations and taking other measures suitable for the purpose. Where in the protection of such property it is necessary to enter upon private property for the purpose of taking appropriate protective measures, the permittee shall obtain a license from the owner of such private property for such purpose and if he cannot obtain a license from such owner, the Public Works Director may authorize him to enter the private premises solely for the purpose of making property safe. The permittee shall, at its own expense shore up and protect all buildings, walls, fences or other property likely to be damaged during the progress of the excavation work and shall be responsible for all damage to public or private property or highways resulting from its failure to protect and carry out said work. Whenever it may be necessary for the permittee to trench through any lawn area, the sod shall be carefully cut and rolled and replaced after ditches have been backfilled as required in this article. All construction and maintenance work shall be done in a manner calculated to leave the lawn area clean of earth and debris and in a condition as nearly as possible to that which existed before such work began. The permittee shall not remove even temporarily any trees or shrubs which exist in parking strip areas or easements across private property without first having notified and obtained the consent of the property owner or, in the case of public property, the appropriate Township official having control of such property.
Any excavation made in any sidewalk or under a sidewalk shall be provided with a substantial and adequate footbridge over said excavation on the line of the sidewalk, which bridge shall be at least three feet wide and securely railed on each side so that foot passengers can pass over safely at all times.
The permittee shall erect such fence, railing or barriers about the site of the excavation work as shall prevent danger to persons using the street or sidewalks, and such protective barriers shall be maintained until the work shall be completed or the danger removed. At twilight there shall be placed upon such place of excavation and upon any excavated materials or structures or other obstructions to streets suitable and sufficient lights which shall be kept burning throughout the night during the maintenance of such obstructions. It shall be unlawful for anyone to remove or tear down the fence or railing or other protective barriers or any lights provided there for the protection of the public.
It shall be unlawful for the permittee to suffer or permit to remain unguarded at the place of excavation or opening any machinery, equipment or other device having the characteristics of an attractive nuisance likely to attract children and hazardous to their safety or health.
All material excavated from trenches and piled adjacent to the trench or in any street shall be piled and maintained in such manner as not to endanger those working in the trench, pedestrians or users of the streets, and so that little inconvenience as possible is caused to those using streets and adjoining property. Where the confines of the area being excavated are too narrow to permit the piling of excavated material beside the trench, such as might be the case in a narrow alley, the Public Works Director shall have the authority to require that the permittee haul the excavate material to a storage site and then rehaul it to the trench site at the time of backfilling. It shall be the permittee's responsibility to secure the necessary permission and make all necessary arrangements for all required storage and disposal sites.
All damage done to existing improvements during the progress of the excavation work shall be repaired by the permittee. Materials for such repair shall conform with the requirements of any applicable code or ordinance. If upon being ordered the permittee fails to furnish the necessary labor and materials for such repairs, the Supervisors shall have the authority to cause said necessary labor and materials to be furnished by the Township and the cost shall be charged against the permittee, and the permittee shall also be liable on his or its bond therefor.
Property lines and limits of easements shall be indicated on the plan of excavation submitted with the application for the excavation permit and it shall be the permittee's responsibility to confine excavation work within these limits.
As the excavation work progresses all streets and private properties shall be thoroughly cleaned of all rubbish, excess earth, rock and other debris resulting from such work. All cleanup operations at the location of such excavation shall be accomplished at the expense of the permittee. From time to time as may be ordered by the Public Works Director and in any event immediately after completion of said work, the permittee shall at his or its own expense clean up and remove all refuse and unused materials of any kind resulting from said work and, upon failure to do so within 24 hours after having been notified to do so by the Township, said work may be done by the Public Works Director and the cost thereof charged to the permittee, and the permittee shall also be liable for the cost thereof under the surety bond provided hereunder.
The permittee shall provide for the flow of all watercourses, sewers or drains intercepted during the excavation work and shall replace the same in as good condition as it found them. The permittee shall not obstruct the gutter of any street but shall use all proper measures to provide for the free passage of surface water. The permittee shall make provision to take care of all surplus water, muck, silt, slickings or other runoff pumped and shall be responsible for any damage resulting from its failure to so provide.
Whenever it is necessary to break through existing pavement for excavation purposes and where trenches are to be four feet or over in depth, the pavement in the base shall be removed to at least six inches beyond the outer limits of the subgrade that is to be disturbed in order to prevent settlement, and a six-inch shoulder of undisturbed material shall be provided in each side of the excavated trench. The face of the remaining pavement shall be approximately vertical. A power-driven concrete saw shall be used so as to permit complete breakage of concrete pavement or base without ragged edges. Asphalt paving shall be scored or otherwise cut in a straight line. No pile driver may be used in breaking up the pavement.
Tunnels under pavement shall not be permitted except by permission of the Supervisors and if permitted shall be adequately supported by timbering and backfilling under the direction of a licensed professional engineer.
Backfilling in any street opened or excavated pursuant to an excavation permit issued hereunder shall be compacted to a degree equivalent to that of the undisturbed ground in which the trench was dug. Compacting shall be done by mechanical tampers, by rolling layers, or by water settling, as required by the soil in question and sound engineering practices generally recognized in the construction industry.
Whenever any excavation for the laying of pipe is made through rock, the pipe shall be laid six inches above the rock bottom of the trench, and the space under, around and six inches above the pipe shall be backfilled with clean river sand, noncorrosive soil or one-quarter-inch minus gravel. Broken pavement, large stones, and debris shall not be used in the backfill.
Backfilling shall be completed by placing the back-fill material well up over the top of the trench. For dry backfilling, the material shall be compacted with a roller of an approved type or with the rear of a truck carrying at least five tons until the surface is unyielding. The surface shall then be graded as required.
A.
The permittee shall restore the surface of all streets, broken into or damaged as a result of the excavation work, to its original condition. The permittee may be required to place a temporary surface over openings made in paved traffic lanes. Except when the pavement is to be replaced before the opening of the cut to traffic, the fill above the bottom of the paving slab shall be made with suitable material well tamped into place and this fill shall be topped with a minimum of at least one inch of bituminous mixture which is suitable to maintain the opening in good condition until permanent restoration can be made. The crown of the temporary restoration shall not exceed one inch above the adjoining pavement. The permittee shall exercise special care in making such temporary restorations and must maintain such restorations in safe traveling condition until such time as permanent restorations are made.
B.
Permanent restoration of the street shall be made by the permittee in strict accordance with the specifications prescribed by the Public Works Director to restore the street to its original and proper condition or as near as may be.
C.
Acceptance or approval of any excavation work by the Road Superintend shall not prevent the Township from asserting a claim against the permittee and his or its surety under the surety bond required hereunder for incomplete or defective work if discovered within 24 months from the completion of the excavation work. The Public Works Director's presence during the performance of any excavation work shall not relieve the permittee of its responsibilities hereunder.
If the permittee shall have failed to restore the surface of the street to it original and proper condition upon the expiration of the time fixed by such permit or shall otherwise have failed to complete the excavation work covered by such permit, the Supervisors shall have the right to do all work and things necessary to restore the street and to complete the excavation work. The permittee shall be liable for the actual cost thereof and 25% of such cost in addition for general overhead and administrative expenses. The Township shall have a cause of action for all fees, expenses and amounts paid out and due it for such work and shall apply in payment of the amount due it any funds of the permittee deposited as herein provided, and the Township shall also enforce its rights under the permittee's surety bond provided pursuant to this article. It shall be the duty of the permittee to guarantee and maintain the site of the excavation work in the same condition it was prior to the excavation for two years after restoring it to its original condition.
Except by special permission from the Public Works Director, no trench shall be excavated more than 250 feet in advance of pipelaying nor left unfilled more than 500 feet where pipe has been laid. The length of the trench that may be opened at any one time shall not be greater than the length of pipe and the necessary accessories which are available at the site ready to be put in place. Trenches shall be braced and sheathed according to generally accepted safety standards for construction work as prescribed by the Pennsylvania Department of Labor and Industries. No timber bracing, lagging sheathing or other lumber shall be left in any trench.
The permittee shall prosecute with diligence and expedition all excavation work covered by the excavation permit and shall promptly complete such work and restore the street to its original condition, or as near as may be, as soon as practicable and in any event not later than the date specified in the excavation permit therefor.
If in his judgment traffic conditions, the safety or convenience of the traveling public or the public interest require that the excavation work be performed as emergency work, the Public Works Director shall have full power to order, at the time the permit is granted, that a crew of men and adequate facilities be employed by the permittee 24 hours a day to the end that such excavation work may be completed as soon as possible.
In the event of any emergency in which a sewer, main, conduit or utility in or under any street breaks, bursts or otherwise is in such condition as to immediately endanger the property, life, health or safety of any individual, the person owning or controlling such sewer, main, conduit or utility, without first applying for and obtaining an excavation permit hereunder, shall immediately take proper emergency measures to cure or remedy the dangerous conditions for the protection of property, life, health and safety of individuals. However, such person owning or controlling such facility shall apply for an excavation permit not later than the end of the next succeeding day during which the Public Works Directors office is open for business, and shall not proceed with permanent repairs without first obtaining an excavation permit hereunder.
No excavation permit shall be issued to open, cut or excavate in any new street for a period of five years unless, in the judgment of the Public Works Director, an emergency as described in this article exists which makes it absolutely essential that the excavation permit be issued.
The Public Works Director shall make such inspections as are reasonably necessary in the enforcement of this article. The Public Works Director shall have the authority to promulgate and cause to be enforced such rules and regulations as may be reasonably necessary to enforce and carry out the intent of this article.
Users of subsurface street space shall maintain accurate drawings, plans, and profiles showing the location and character of all underground structures, including abandoned installations. Corrected maps shall be filed with the Township Planning Commission within 60 days after new installations, changes or replacements are made.
The provisions of this article shall not be applicable to any excavation work under the direction of competent Township authorities by employees of the Township or by a contractor of the Township performing work for and in behalf of the Township necessitating openings or excavations in streets.
All persons operating existing public utilities in the Township under franchises granted by the Pennsylvania Public Utilities Commission and having the right either by general or special permission to enter upon streets and open and excavate pavements, sidewalks or disturb the surface thereof by excavation or other work shall not be required to apply for a permit but shall be required to perform the work and bring it to completion as promptly as practicable and to that end shall employ an adequate standing force. Any person operating any such public utility shall, however, comply with other requirements of this article, including the insurance, surety bond and deposit requirements.
A permittee, prior to the commencement of excavation work hereunder, shall furnish the Township satisfactory evidence in writing that the permittee has in force and will maintain in force during the performance of the excavation work and the period of the excavation permit public liability insurance of not less than $100,000 for any one person and $300,000 for any one accident and property damage insurance of not less than $50,000 duly issued by an insurance company authorized to do business in this state.
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 inspections authorized hereunder, the issuance of any permit or the approval of any excavation work.
Any person, partnership, or corporation that causes opening or excavating of public or private streets, alleys, sidewalks or other grounds where the public has rights of ingress or egress without fulfilling the requirements and provisions of this article, shall be guilty of a summary offence and, upon conviction thereof, such person, or the members of such partnership, or the officers of such corporation, or the agent of any of them responsible for such violation, shall be subject to a fine not exceeding $300 and or five days imprisonment for said summary offence. Each day of violation may be considered as a separate violation and shall subject the violator to the same penalties as stated herein. All fines collected for such violations shall be paid over to the Board of Supervisors.
If any section, clause, provision or portion of this article shall be held to be invalid or unconstitutional by any court of competent jurisdiction, such decision shall not affect any other section, clause, provision or portion of this article.