[Adopted 6-16-2008 by Ord. No. 2008-01]
A. 
The following words, as used hereafter, shall have the meaning ascribed thereto:
APPLICANT
The individual or company submitting a permit application.
ENGINEER
The Township Engineer or other person duly authorized and appointed by the Board of Supervisors to perform the duties of engineer.
PERMIT
A document in an approved form issued by the representative designated by the Board of Supervisors, regulating the opening and closing of excavations in dedicated streets.
PERMITTEE
Upon issuance of the permit, the applicant shall be designated as the permittee.
STREET
A public (dedicated) right-of-way intended for use as a means of vehicular and pedestrian circulation or travel. The word "street" includes a thoroughfare, avenue, boulevard, court, drive, expressway, cul-de-sac, highway, lane, alley, road or similar public way.
TOWNSHIP
The Township of Douglass or authorized representative.
B. 
Word usage. The singular shall include the plural and the plural shall include the singular, and the masculine shall include the feminine and neuter.
A. 
It shall be unlawful for any person to drill any hole or make opening or excavation in any street or beneath any street in the Township without first having obtained a permit from the Township.
B. 
All work authorized by permit shall be done in strict conformity with said permit and in strict conformity with the provisions of this article.
C. 
No permit shall be issued until the applicant has complied with following conditions:
(1) 
Payment of permit fee, per street opening, which sum shall be for the use of payment of Township expenditures 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 equal to the approved construction estimate plus 15%, the amount of the construction will be approved by the Township based upon the cost of all restoration requirements or a determination of potential restoration costs above a tunneling or boring operation. Such deposit may, in the event of failure of the applicant to complete the closure in accordance with the terms of this article, 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, at its discretion, may retain any balance as liquidated damages or administrative expenses. 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. The additional 15% shall be retained by the Township for maintenance for a period of 18 months at which time the applicant may submit a written request for the release of said funds.
(3) 
Any applicant, in lieu of depositing the security as here in above provided, may submit performance and maintenance bonds with corporate surety in such amount as may be determined by the Township and shall include such conditions as the Township may required and approve. In the event said bond is approved by the Township and thereafter any applicant having submitted such bond violates the provisions of this article, the Township, in its sole and absolute discretion, may require said applicant to deposit a cash security deposit as here in above stated and may cancel and return the bond to said applicant.
(4) 
Applicant shall submit proof of insurance in the amount required by the Township. Douglass Township and its agents shall be listed as additional insured on the policy. Insurance shall be maintained from the commencement of the work until completion of the maintenance period. The Township must be notified 30 days prior to any changes in the insurance or cancellation of the policy.
D. 
In the case of an 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 article. In that event, said person shall, within five days after completion of the work, apply for a permit and pay the associated fees pursuant to this article.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
E. 
Permittee shall be responsible for performing all restoration work in accordance with the latest Township standards. Permittee shall be responsible for the maintenance of said restoration for a period of 18 months following the approved completion work as designated by the Township. Should maintenance of the restored street be required during the eighteen-month maintenance period, restoration shall be deemed incomplete and the maintenance period shall be redesignated to commence at such time as the maintenance restoration is completed and approved by the Township.
F. 
Permittee shall be responsible for the condition of the surface above areas where work was performed by tunneling or boring under the street. Permittee shall be responsible for the maintenance of said surface above tunneling or boring for a period of 18 months following the approved completion work as designated by the Township. Should maintenance of the surface of the street be required during the eighteen-month maintenance period, restoration shall be deemed incomplete and the maintenance period shall be redesignated to commence at such time as the maintenance restoration is completed and approved by the Township.
G. 
Violation of the requirements of said permit may result in the immediate stoppage of work as determined by the Township until said violations are corrected.
H. 
Permittee shall be responsible for maintaining escrow for the payment of inspection, engineering, legal and administrative costs that arise from said street work. Initial escrow amount and maintenance requirements shall be as determined by the Township prior to construction.
Each applicant requesting a permit under this article 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 each opening or excavation.
C. 
An estimate of the time period during which work will be performed under said permit.
D. 
Applicant's name, address and telephone number.
E. 
Names and addresses of all persons, firms, associations or corporations interested in and participating in the work being performed.
F. 
Traffic control measures to be implemented during the work. (See § 226-13C.)
G. 
Sketch of existing street and proposed excavation.
H. 
Detailed work schedule including temporary partial or full street closures.
A. 
Any permit granted pursuant to this article 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.
B. 
Permittee is responsible for notifying the Township of any change in address during the permit period.
C. 
All work shall be performed in accordance with Chapter 230, Subdivision and Land Development, and Chapter 265, Zoning, at the time work is being performed. Any construction work or activities not regulated by Township ordinances shall comply with the minimum standards and criteria set forth by the following departments, agencies, federal or state laws, or professional industry organizations, whichever is more stringent:
(1) 
The Manual on Uniform Traffic Control Devices as adopted by the Federal Highway Administration.
(2) 
Work Zone Traffic Control Guidelines, PennDOT Publication 213 (PA Code, Chapter 213), latest edition.
(3) 
Official Traffic Control Devices, PennDOT Publication 212 Specifications, PennDOT Publication 408/203, effective April 1, 2006, or latest edition.
(4) 
PennDOT RC Standards, Latest Edition, RC-30, as related to pipe placement and backfill.
(5) 
ASTM International D1557 (Standard and Modified Proctors).
D. 
A PA One Call notification shall be placed by the permittee in accordance with Pa. Act 187, latest revision.
A. 
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 watchman as may be necessary to prevent accidents to the public. The traveling public, during the progress of the work, shall at all times be provided access through the work unless otherwise authorized under the permit and shall be inconvenienced as little as possible. Permittee shall be responsible for the protection of pedestrian and vehicular traffic and shall maintain safe access through the work area at all times unless otherwise authorized by the Township. 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.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
B. 
No Township street may be closed to emergency vehicles, school buses, mail delivery, municipal waste removal or other required municipal traffic at any time. Permittee shall be prepared to provide adequate plating ready for placement across excavation areas as necessary to provide adequate safe access through the work area.
A. 
Before initiation of the work, the permit holder shall notify the Township Street Superintendent a minimum of 72 hours prior to performing any backfill and/or restoration work in the street to allow for the supervision and inspection of the backfill and restoration.
B. 
Failure of the permittee to notify the Township does not alleviate the permittee from performing work in accordance with Township standards. Inadequate notification may result in the permittee removing and replacing backfill and restoration work to the satisfaction of the Township at no cost to the Township.
A. 
No pavement excavation shall be permitted and no permit shall be granted for any street opening or excavation of any newly paved streets for any purpose whatsoever within three years from this date of completion of the paving except for emergency repairs or for services to a new structure to be erected and then only with prior special permissions 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 three years from the date of completion of paving to the Township the sum of $1,000 for use by the Township, which amount shall be in addition to all costs of said permittee for the backfilling and restoration of said street opening or excavation, which shall be the sole responsibility of the permittee.
B. 
Permittee shall be responsible for the full width milling and overlay of the paved area for the full length of work or 50 feet, whichever is greater.
A. 
All opening or excavations of streets, excepting drill holes, before completion, shall be cut with a power saw or milling machine and not a jackhammer or similar device.
B. 
Any person opening or excavating any street shall, upon completion of the project and after notification of the Township, immediately and completely backfill such openings or excavations in accordance with § 226-17E.
C. 
All backfill and restoration shall be done in strict conformance with the detailed sketches for backfilling and restoration which are hereinafter set forth as Exhibits A and B, respectively, and which are incorporated herein by reference and made a part of this article.[1]
[1]
Editor's Note: Said exhibits are on file in the Township offices.
D. 
Where test holes have been drilled, they shall be filled and sealed with hot tar.
E. 
Permanent restoration, backfilling of any opening and/or excavation shall be as follows:
(1) 
From top of conduit bedding to a level eight inches below the surface of the trench shall be backfilled with PaDOT 2A stone aggregate, mechanically tamped in six inch intervals.
(2) 
Before completing backfill of trench, a saw cut shall extend a minimum of 12 inches beyond the trench opening on all sides of the excavation. Should saw cut be within 18 inches of the edge of pavement, restoration shall be extended to the edge of the paving.
(3) 
Six inches of concrete or bituminous concrete base course (BCBC) shall be placed and shall extend a minimum of 12 inches on each side of the trench. If the contractor opts for BCBC, he shall be held responsible for any settlement within two years of final restoration. Township shall withhold financial security in an amount determined during permitting for maintenance of the street.
(4) 
A two-inch bituminous wearing course shall be placed and properly graded to match the existing surface of the Street and sealed along the joints with the existing paving with emulsified asphalt sealing material.
(5) 
All excavations outside the pavement shall be backfilled with PaDOT 2A stone aggregate to subgrade (eight inches below finish grade) with surface restored to match existing. Seeding and mulching shall be required if no hardscape exists.
(6) 
The material excavated from the trench may be used for backfilling with written permission from the Board of Supervisors.
F. 
Temporary restoration. Excavation shall be backfilled with PaDOT 2A stone aggregate to two inches below finish grade and a hot mix wearing course shall be placed to grade for a period of 30 days after the completion of work to allow the trench to settle unless otherwise authorized in writing by the Township Street Superintendent. Final restoration shall be performed within 45 days of the completion of work under the permit. During winter construction periods, the excavation shall be backfilled and temporary pavement placed as noted above. The final step shall be temporary application of bituminous stockpile mix to bring the trench to street grade. Periodically, inspection shall be made to maintain the trench in condition satisfactory to the Township. After March 31 following the date the work was complete, the permittee shall permanently restore the cut as in § 226-17E(3) and (4).
G. 
Where excavations are performed on a newly constructed 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 Board of Supervisors, shall be milled and overlaid for a minimum length of 50 feet or the length of the work area, whichever is greater. 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 provide for in this article, excluding the $1,000 deposit provided for the Township's benefit when opening a street repaved within three years of said opening. In the event the permittee 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 exceeds the amount of deposit and/or bond, the permittee shall pay to the Township the deficiency within 10 days of the date of written notification by the Township to the permittee. No further permit shall be issued to any permittee unless and until all deficiencies so billed by the Township to said permittee shall have been paid in full.
H. 
Longitudinal excavations within the pavement that exceed 25 feet in length shall, at a minimum, be milled and overlaid for the full width of the travel lane in which the work was performed for a length of 50 feet or the length of the work area, whichever is greater.
I. 
Permittee shall be responsible for restoring all pavement markings in their existing locations. Pavement markings shall be painted in accordance with PaDOT requirements.
It shall be unlawful for any utility company, firm, individual or corporation to install and place underground conduits for carrying electric, telephone, fiber optics, sanitary sewage, water, gas or other within the street without making application for and receiving a street opening permit. Such installation and work performed under the permit shall be subject to the inspection, supervision and approval of the Township. Permittee shall be responsible for reimbursement of all costs associated with said inspection, supervision and approval. Permittee shall pay any and all costs, expenses, damages and liability as herein set forth and shall be responsible for restoration of all disturbed areas under the permit in accordance with the requirements herein.
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 permittee in the performance of the work, and shall pay the Township costs of every kind incurred in the contesting of suits on said account, and upon notice from the Township will assume the defense of such suits.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Any person, firm or corporation who shall violate any provision of this article or of a permit shall, upon conviction in a summary proceeding brought before a Magisterial District Judge under the Pennsylvania Rules of Criminal Procedure, be guilty of a summary offense and shall be punishable by a fine of not more than $1,000, plus costs of prosecution. In default of payment thereof, the defendant may be sentenced to imprisonment for a term not exceeding 90 days. Each day or portion thereof that such violation continues or is permitted to continue shall constitute a separate offense, and each section of this article that is violated shall also constitute a separate offense. Notwithstanding the same, the Township may seek enforcement by means of request for injunctive relief or other equitable remedies as may be provided by law in a court of competent jurisdiction.
Should any part or parts of this article be found to be void by a court of competent jurisdiction, the remainder shall remain in full force and effect.