[Ord. 441, 1/20/2022]
The following words, when used herein, shall have the meanings
ascribed to them in this section, except in those instances where
the context clearly indicates otherwise:
APPLICANT
Any person, as defined herein, who makes application for
a permit.
DEGRADATION FEE
A fee charged for the excavation/opening of a road that has
been constructed or resurfaced within seven years of the date of application
for a street opening permit.
EMERGENCY
Any unforeseen circumstance which calls for immediate action.
ENGINEER
The Township Engineer of the Township of Harmar, Allegheny
County who shall be a registered professional engineer in the State
of Pennsylvania, or his authorized representative or inspector.
FOREMAN
The Township Foreman of Public Works, or his designee.
PERMIT
The approval issued to an applicant to perform any work covered
by the terms and conditions of this Part.
PERMITTEE
Any person who has been issued a permit and has thereby agreed
to comply with all the terms and conditions of this Part.
PERSON
Includes any natural person, partnership, firm, association,
corporation, municipal authority or any other governmental entity.
ROADWAY
Any public street, highway, road, easement, right-of-way
or alley within and under the jurisdiction of the Township of Harmar,
Allegheny County, including that portion of any right-of-way which
is improved and may have curbs and/or sidewalks.
TOWNSHIP
The Township of Harmar, Allegheny County.
WORK
Any and all activities of any kind or nature conducted by
a permittee, his agents, servants, employees, contractors and subcontractors,
which involves, to any extent, any roadway of the Township of Harmar,
Allegheny County.
[Ord. No. 441, 1/20/2022]
1. Permit required. No person shall make any tunnel, opening or excavation
of any kind in, on or under the surface of any roadway, without first
securing a permit from the Township for each separate undertaking.
Any person maintaining pipes, lines or underground conduits, in or
under the surface of any roadway by virtue of any permit, authorization,
statute, ordinance or franchise may, however, proceed with an excavation
or opening without a permit when emergency circumstances demand that
the work be done immediately for the preservation of the public health,
safety or welfare, and, provided further, that a permit could not
reasonably and practically have been obtained beforehand. Such person
performing the emergency excavation shall, thereafter, file an application
for a permit, in accordance with the requirements of this Part, on
the first business day of the Township, which permit shall be retroactive
to the date on which the emergency work was begun. The final determination
as to whether a situation is to be considered an emergency shall be
made by the Engineer or Foreman.
2. Limitation. No permittee shall perform any work beyond that originally
authorized under this permit to an extent greater than 10% in excess
of that specified in the permit, unless such excess work is approved,
in advance, by either the Foreman or Engineer and the Township is
paid any additional fees occasioned thereby. Upon completion of any
additional work which is not covered by the original permit, the permittee
shall file a revised application with the Township reflecting the
revised scope.
3. Bonds. All bonds or other financial security posted in connection
with issuance of the permit shall be deemed to cover all work which
is covered by any permit issued pursuant to this section.
4. Emergency exploratory excavation. The provisions of this section
shall not apply to emergency excavations of any exploratory nature
made in order to determine the location of underground facilities;
however, the person doing the work shall, on the first day which the
office of the Township is open for business following completion of
the excavation, file an application for a permit in accordance with
the requirements of this Part, which permit shall be retroactive to
the date the excavation was begun.
5. Commencement of work. The work for which a permit is issued shall
be commenced within 60 days from the date of its issuance. If the
work is not commenced by that date, the permit shall automatically
be considered as revoked and, thereafter, a new permit for the work
will only be issued upon payment of a new permit fee and the renewal
of all necessary bonds. The permittee shall notify either the Foreman
or Engineer, at least 24 hours in advance, as to the date and time
when the work will be commenced.
6. Nontransferable and nonrefundable. A permit is not transferable by
the permittee to any other person and the permit fees shall be nonrefundable.
7. Expiration. A permit shall terminate at the end of the period of
the time specified in the permit or upon completion of the work, whichever
occurs first. If the permittee is unable to complete the work within
the time specified in the permit, he shall, prior to its termination,
request an extension of time from either the Foreman or Engineer,
in writing, the Foreman or Engineer to be provided with the reason
for the requested extension. If the Foreman or Engineer determines
that an extension is necessary, he may grant the permittee such additional
time as he deems appropriate for completion of the work, subject to
an extension fee as set by resolution of the Township.
8. Right to use roadway. All permits shall be issued subject to the
rights of the Township and the public to use any roadway which is
the subject of the permit, for all purposes for which such roadway
may lawfully be used.
9. Revocation. A permit may be revoked by the Foreman or Engineer, after
written notice to the permittee, as the result of any one of the following:
A. A violation of any condition of the permit.
B. A violation of any provision of this Part or any other applicable
statute, ordinance or regulation relating to the work.
C. The existence of any condition or the performance of any act by the
permittee which constitutes or creates a nuisance or which endangers
the safety or property of the public.
D. Written notice of the revocation shall be served upon the permittee
or his agent. The notice shall contain a brief statement of the reason
for the revocation and it shall be effective if delivered either by
personal delivery to the permittee, or his agent, or by mailing same
to the permittee at the address on the application, by placing same
in the United States Postal Service, certified mail, return receipt
requested.
[Ord. No. 441, 1/20/2022]
In order to receive a permit the applicant shall:
1. Complete and file a written application with the Township Secretary
on the application form prescribed and furnished by the Township.
2. No work shall be commenced by the applicant until the Foreman or Engineer has approved the application and the permit has been issued, other than under those exceptions set forth in §
21-102, above, which pertain to emergency work. By the filing of the application for a permit, the applicant agrees that he shall perform the work in accordance with the terms of this Part, the permit, as issued, and all applicable laws and regulations pertaining thereto and that he shall be bound, in all respects, by the terms and conditions of this Part.
3. If not set forth on the application form itself, the applicant shall
file a plan which shows the extent of the proposed work for which
the permit is being requested. Such plans shall include all appropriate
dimensions and other information which may be required by the Foreman
or Engineer. In addition, the applicant shall provide three suitable
color photographs of the proposed work area(s) documenting the conditions
which exist prior to the start of any construction activities.
4. Pay to the Township, at the time of filing of the application, such
fees for the permit as set forth below as may be amended or added
from time to time, by resolution of the Township.
B. Degradation fee.
(1)
Less than one year: $30 per square yard.
(2)
One to two years: $25 per square yard.
(3)
Three to five years: $20 per square yard.
(4)
Five to seven years: $10 per square yard.
C. Inspection fees: Actual cost of fees of Township Engineer or other
consultant with the minimum fee being $150.
5. Furnish such certificates of insurance as are required by §
21-106, below.
6. Post the permit bond as required by §
21-107, below.
7. Present evidence, if requested by the Foreman or Engineer, that all
material, labor and/or equipment necessary to accomplish the work
are available to the applicant.
8. A copy of the permit shall, at all times while the work is in progress,
be available at the site of the work and it shall be produced, upon
demand, to any authorized representative of the Township.
9. Agree, by the filing of his application, to save the Township, its
Supervisors, officers, employees and agents harmless and to indemnify
all, or any of them, from any and all claims, damages, suits, liabilities
and costs which may arise, or be claimed to arise, by reason of the
work, either as authorized or as actually undertaken by the permittee.
The issuance of a permit, or the doing of any work provided for by
this Part, shall constitute the agreement, by the person doing the
work, to the provisions of this subsection, irrespective of whether
same is expressed elsewhere.
[Ord. No. 441, 1/20/2022]
1. No excavation in any roadway shall extend beyond the centerline of
such roadway until the surface of the initial excavation is restored
to a condition which shall provide safe and convenient access for
pedestrian and vehicular traffic. At no time will the improved part
of a roadway be completely closed to vehicular or pedestrian traffic,
unless such closing is authorized, in advance and in writing, by the
Foreman or Engineer. If such closure is required, a traffic control
plan shall be prepared for approval by the Engineer with appropriate
signage installed and maintained by permittee to safeguard vehicular
and pedestrian traffic until the roadway is reopened. Prior to any
roadway closures the permittee shall provide notice of such closures
to the Township Police Department, the Township Manager, Fire Department,
the Allegheny Valley School District and to the Port Authority if
impacted by the road closure.
2. No more than 50 feet, measured longitudinally, of any roadway shall
be opened until such time as the previously opened surface of the
roadway is restored to a safe and convenient condition for vehicular
or pedestrian traffic unless such opening is authorized, in writing,
by the Foreman or Engineer.
3. If four or more cumulative openings are made within 200 linear feet
of pavement, the Engineer may require the permittee to restore the
entire disturbed pavement including the area between the openings
by milling or other approved method of preparation and resurfacing
half the roadway (centerline to curb) where openings are limited to
a single lane or 1/2 of the road width. In instances where the permittee
has made openings on both sides of the centerline of a road, or where
the road is narrow, the Engineer may require that the permittee restore
the entire width of the roadway (curb to curb) by milling or other
approved method of preparation and resurfacing the entire length of
the openings plus 10 feet past the end of the openings and in compliance
with all other Township specifications.
4. For any street that has been repaved in the past three years, and
cuts through the pavement equal 25% of the width of the cartway, the
permittee shall be required to mill/ pave/restore/resurface a minimum
of 1/2 of the road when openings have been limited to a single lane
or 1/2 of the road width. In instances where the permittee has made
openings on both sides of the centerline of a road, or the road is
narrow, the Engineer may require that the permittee restore the entire
width of the roadway (curb to curb) by milling or other approved method
of preparation and resurfacing the entire length of the openings plus
10 feet past the end of the openings and in compliance with all other
Township specifications.
5. No excavation shall be made, or attempted, if it shall or may interfere
with any utility lines or other underground facilities, unless the
permittee has first secured the permission of the owners of all such
facilities.
6. The permittee shall locate all underground facilities, including
sanitary sewers, storm sewers, gas lines, water lines, telephone and
electrical conduits and all other underground facilities, sufficiently
in advance of the commencement of the work in order that damage to
any such facilities be avoided, as well as to permit their relocation,
if necessary. The permittee shall also comply with all the utility
notification requirements of any applicable law including those of
PA Act 172, the Pennsylvania One Call system.
7. If an underground facility is damaged by the permittee, such damage
shall be repaired and/or restored by the permittee, as necessary in
accordance with the directions of the owner of the facility.
8. No monument of granite, concrete, iron, steel, brass or other lasting
material shall be removed or disturbed, or caused to be removed or
disturbed, without the permittee first obtaining permission, in writing,
from the Foreman or Engineer to do so, in which case the permittee
shall pay the Township for all its expenses, including surveys, necessary
and incidental to all restoration or replacements of such monuments
by the Township.
9. If a permittee shall cause any earth, sand, gravel, rock, stone or
other material to be either deposited upon or caused to roll, flow
or wash onto any roadway and there is thereby created a nuisance or
a danger to the public health and safety, the permittee shall cause
all such material to be promptly removed from the roadway. In the
event any such material is not removed within eight hours after notification
to the permittee by the Foreman or Engineer to do so, the Township
may then take all steps necessary to accomplish such removal, the
costs of the removal to be paid to the Township by the permittee.
10. The permittee shall, where required, provide flagmen and place all
such barriers, barricades, lights, warning flags, danger signs and
other safety devices around the work area as are reasonably necessary
to protect the health and safety of the public. All such safety requirements
and precautionary measures shall be based upon and conform, as applicable,
to the requirements set forth in Pennsylvania Department of Transportation
publications 212 and 213, latest editions. The permittee shall also
comply with any traffic control plan which forms part of the permit.
In the event the permittee fails to comply with the provision of this
subsection, the Township may take the necessary steps to compel compliance,
all costs incurred Township in so doing shall be paid to it by the
permittee.
11. At all times while the work is in progress and prior to its completion,
the permittee shall maintain safe crossings for pedestrian and vehicular
traffic at all roadway intersections and, in addition, safe crossings
for pedestrians at intervals of not more than 300 feet. Two lanes
of traffic shall, where possible, be kept open at all intersections
by the installation of steel plates adequate to support all traffic
loads. All such steel plates shall be firmly secured and, where appropriate,
imbedded in bituminous material so as to withstand the normal flow
of traffic without displacement. If the size and character of the
excavation makes it impractical to use steel plates, the permittee
shall so advise the Foreman or Engineer at the time the application
for the permit is filed and the work shall not commence until the
Foreman or Engineer consents to the omission of the steel plates.
12. The permittee shall maintain vehicular access to all private driveways,
except during working hours when construction operations prohibit
such access, the owner of any driveway which is affected to be notified
of such nonaccess, by the permittee, prior to the commencement of
the specific work. The permittee shall also insure that there is free
access, at all times, to the fire hydrants in the area covered by
the scope of the work.
13. To the extent that any excavated material may be permitted as backfill
material, all such excavated material shall be placed compactly along
the side of the trench so as to cause as little inconvenience and
danger as possible to vehicular and pedestrian traffic. When the Foreman
or Engineer deems it necessary, it order to expedite the flow of traffic
or to abate a dirt or dust nuisance, containment measures shall be
taken by the permittee to prevent the spread of excavated material
into traffic lanes. No excavated material shall be permitted to enter
any stormwater inlet or sanitary sewer. The permittee shall be required
to implement soil erosion and sedimentation control measures including
placement and maintenance of silt sacks in storm inlets. All excavated
material placed/stored on site deemed to be a nuisance or safety concern
by the Foreman or Engineer shall be removed daily from the site.
14. The Foreman or Engineer may, in addition to the conditions set forth
herein, impose such other conditions upon the issuance of the permit
as may be reasonably necessary to protect the health and safety of
the public during the course of the work.
[Ord. No. 441, 1/20/2022]
1. All excavations shall be backfilled with 2A limestone material in
accordance with PennDOT specifications, Form 408, latest edition,
and such material shall be thoroughly compacted by proper tamping.
The surface of the excavated area shall be restored to its original
or equal condition, unless permittee is authorized, by the Foreman
or Engineer, to the contrary.
2. Pavement restoration shall consist of the replacement of the existing
pavement structure in kind to the full depth of the existing pavement.
In no case shall the depth of a bituminous pavement binder course
or base course be replaced at a depth less than four inches. In no
case shall the depth of a bituminous wearing course be replaced at
a depth less than 1 1/2 inches. In the case of concrete pavement,
no pavement shall be replaced at a depth of less than six inches.
All bituminous pavement replacement shall be sealed with PG 64-22
asphalt at all interfaces with existing pavement and at all penetrations
(manholes, inlets, valve boxes, etc.). Sealing of bituminous pavement
shall consist of minimum six-inch-wide joints centered along the interface
of the existing and new pavement.
3. In the event that weather conditions or the availability of the required
final paving materials preclude the placement of such materials, the
permittee may install temporary bituminous cold patch material, no
less than two inches in depth, in the trench areas until such time
that suitable weather conditions prevail and the final surfacing materials
are available.
4. Existing pavement which is removed in the course of the work shall
initially be vertically saw cut, the full depth of the pavement, and
at the width of the proposed trench. Once all backfilling has been
completed, and immediately prior to the completion of trench area
paving, additional saw cutting shall be performed such that the existing
pavement shall be cutback a distance of at least one foot beyond the
outer limits of the trench in order to help bridge trench settlement.
All trench area paving shall be performed in straight lines or as
otherwise approved by the Foreman or Engineer. The vertical face of
existing asphalt pavements shall be treated with asphalt tack coat
to help ensure proper bonding of the new asphalt material to the existing
material.
5. An applicant shall set forth, in detail on the application, all tunneling
or boring which is contemplated under a roadway.
6. In the event any work performed by a permittee is deemed unsatisfactory,
in the opinion of the Foreman or Engineer, and if such unsatisfactory
work is not corrected in accordance with the instruction of the Foreman
or Engineer or, if the work is not completed within the time specified
in the permit, or any extension of time thereof, the Township may
proceed to correct such unsatisfactory work or complete any uncompleted
work, all costs thereby incurred by the Township to be billed to and
promptly paid by the permittee or through the permittee's bond,
provided further that the Township, in addition to any other remedy
that may possess, proceed in assumpsit against the permittee or contractor,
or may proceed against the property in a proper case to collect any
costs incurred by the Township, along with attorney fees and court
costs and interest at 6% per annum.
7. All backfilling, as well as all other work, shall be accomplished
by the permittee with due diligence so that no roadway is obstructed
to a greater extent or for a longer period of time than is actually
necessary. If the work is not prosecuted with due diligence or, in
the opinion of the Foreman or Engineer, it does not comply with the
terms of this Part, the permit or sound construction and/or engineering
practices, the Foreman or Engineer shall so notify the permittee and
the permittee shall then be required, within three days from his receipt
of such notice, to proceed to complete the work or correct any deficiency
in the work. If the permittee does not comply with the terms of this
notice, the Township may then proceed against the permittee who has
not complied with all the requirements of this Part relative to any
prior permits issued to him, the Foreman or the Engineer to be the
judge of such noncompliance.
8. The Foreman or Engineer shall have the right to inspect all the work
and is also authorized to secure such outside inspection services
as may, in his judgment, be necessary in order to ensure compliance
by the permittee with the provisions of this Part and the permit.
9. Should settlement of a restored area of the work occur within a period
of one year from the date of completion of the permanent restoration
by the permittee, such settlement shall be considered conclusive evidence
of defective work and the Township may then take all action necessary
to correct the condition, the cost of such corrective action to be
paid the permittee or through the permittee bond.
10. The Township shall not, in any way, be responsible for any part of
the work which is either omitted or improperly done by the permittee,
and no officer or employee of the Township is authorized to assume
any jurisdiction of or responsibility for such part of the work, except
when same becomes necessary in the exercise of the police power of
the Township in order to protect the public health and safety.
11. If, in the judgment of the Foreman or Engineer, traffic conditions
or the public health, safety or convenience require that any part
of the work be performed as emergency work, the Foreman shall have
the authority to require that the permittee provide sufficient labor,
material and facilities on a twenty-four-hour basis to complete that
part of the work as soon as possible.
[Ord. No. 441, 1/20/2022]
The applicant shall provide a certificate of insurance to the
Township, as part of its application for the permit, same to reflect
that the contractor, subcontractor or any other entity who shall actually
perform the work under the permit is insured against all claims for
bodily injury, including death, as well as all claims for property
damage, any of which may arise out if its performance of the work.
This insurance shall include completed operations and underground
coverages and it shall name the Township and Engineer as an additional
insured. The Foreman or Engineer may require increased limits in the
insurance coverage based upon the nature and extent of the work; however,
the minimum limits for bodily injury, including death, shall be $500,000
for each person and $1,000,000 for each occurrence and a minimum of
$250,000 for property damage for each occurrence.
[Ord. No. 441, 1/20/2022]
1. Requirements. Each applicant shall provide the Township, prior to
issuance of the permit, with a permit bond to guarantee full performance
of the work authorized by the permit, the form of the bond to be substantially
supplied to the Township. The amount of the bond shall equal the cost
to complete the work, as estimated by the Foreman or Engineer, including
a maintenance bond in the same amount as the performance bond guaranteeing
the work against defects in materials or workmanship for a period
of one year from the date of its completion but, in no event, shall
any such bond be in an amount less than $1,000. The Foreman or Engineer
may, in the event that multiple permits are to be issued to the same
permittee, permit the applicant to furnish one bond which shall be
in such amount and subject to such terms as the Foreman or Engineer
deems necessary to cover all the work to be done by the applicant
under all such permits. Applicant may, with Township approval, submit
as an alternative to a bond, financial security in the form of letter
of credit, check or cash deposit.
2. Default. In the event the Foreman or Engineer determines that there
has been a default in the performance of the work, it shall give written
notice of the default to the permittee and its corporate surety, if
any, on the bond. The notice shall state the action which is to be
taken to correct the default, the estimated cost of correction and
the time deemed reasonably necessary for its completion. If a notice
of default is issued to a permittee, the Township may condition issuance
of future road opening permits to such permittee upon submission of
cash bond security or a letter of credit in place of the bond required
herein, and may deny issuance of a permit in a case where timely correction
of a default is not undertaken.
3. Correction of default. In the event that, after receipt of the notice
of default, the default shall not be corrected by the permittee within
five days, then, in the case of a corporate surety, the surety shall
be required, within the time specified, to either cause the required
corrections be made or, in the alternative, pay to the Township a
sum equal to the estimated cost determined by the Foreman or Engineer
for the making of the corrections. Upon receipt of such funds, the
Foreman or Engineer shall then proceed to have the work completed;
however, no liability shall be incurred by the Township as a result
of any such action taken by it, other than its responsibility to see
to the proper expenditure of any funds so received by it.
4. Term. The effective term of a bond shall commence on the date of
issuance of the permit and it shall continue, in full force and effect,
until a date one year from the date of approval of the final restoration
of the work by the Foreman or Engineer.
5. Annual bond for utilities. Public utilities may be required or permitted
to post an annual bond with the Township, at the discretion of the
Township Foreman or Engineer. The form and amount of the annual bond
shall be $5,000 unless it is determined by the Township Engineer or
Township Foreman, based on the amount, nature and frequency of road
openings and the permittee's prior experience, that the bond
shall be higher.
6. Bonds predating ordinance. All existing standing bonds and/or similarly
dedicated escrow accounts possessed by the Township for street opening
purposes shall be declared void and returned to the owner, unless
the monies relate to a continuing performance bond, in which case
the monies will be distributed to the owner at the end of the performance
period.
[Ord. No. 441, 1/20/2022]
If, in the opinion of the Foreman of Engineer, the work to be
undertaken is such that it will affect any property which abuts or
adjoins the area of the work, the Foreman or Engineer may require
the permittee to give notice of the same to the owners and/or tenants
of each such affected property. In the case of disruption to electric,
gas, phone, water or cable services, the permittee will inform the
Township Emergency Management Coordinator, the Foreman and the Township
Engineer of the expected commencement and length of such disruption,
such notice to be given at a time not earlier than 48 hours and not
later than 24 hours before the disruption begins. Absent such notice,
no disruption of said services may commence, without approval of the
Township Engineer.
[Ord. No. 441, 1/20/2022]
The Township Secretary shall provide the police and fire departments
operating within the Township with a copy of any permit which prohibits
or restricts the flow of traffic on any roadway and the permittee
shall be responsible for coordination between itself and the police
and fire departments in order that the public safety be protected
during the course of the work.
[Ord. No. 441, 1/20/2022]
Any person, partnership, firm, corporation or any other entity
which shall violate any provision of this Part shall, upon conviction
thereof, be sentenced to pay a fine of not more than $1,000. Each
day that any violation of any provision of this part continues shall
constitute a separate offense.
[Ord. 396, 3/15/2012, § 102]
1. Permit Required. No person shall make any tunnel, opening or excavation
of any kind in, on or under the surface of any roadway, without first
securing a permit from the Township for each separate undertaking.
Any person maintaining pipes, lines or underground conduits, in or
under the surface of any roadway by virtue of any statute, ordinance
or franchise may, however, proceed with an excavation or opening without
a permit when emergency circumstances demand that the work be done
immediately for the preservation of the public health, safety or welfare;
and, provided further, that a permit could not reasonably and practically
have been obtained beforehand. Such person shall, thereafter, file
an application for a permit, in accordance with the requirements of
this Part, on the first business day of the Township, which permit
shall be retroactive to the date on which the work was begun.
2. Limitation. No permittee shall perform any work beyond that originally
authorized by his permit to an extent greater than 10% in excess of
that specified in the permit, unless such excess work is approved,
in advance, by either the Foreman or Engineer and the Township is
paid any additional fees occasioned thereby. Upon completion of any
additional work which is not covered by the original permit, the permittee
shall file a revised application with the Township reflecting the
scope of same.
3. All bonds posted in connection with issuance of the permit shall
be deemed to cover all work which is covered by any permit issued
pursuant to this section.
4. The provisions of this section shall not apply to emergency excavations
of any explanatory nature made in order to determine the location
of underground facilities; however, the person doing the work shall,
on the first day which the office of the Township is open for business
following completion of the excavation, file an application for a
permit in accordance with the requirements of this Part, which permit
shall be retroactive to the date the excavation was begun.
5. Commencement of Work. The work for which a permit is issued shall
be commenced within 30 days from the date of its issuance. If the
work is not commenced by that date, the permit shall automatically
be considered as revoked and, thereafter, a new permit for the work
will only be issued upon payment of a new permit fee and the renewal
of all necessary bonds. The permittee shall notify either the Foreman
or Engineer, at least 24 hours in advance, as to the date and time
when the work will be commenced.
6. Nontransferable. A permit is not transferable by the permittee to
any other person.
7. Expiration. A permit shall terminate at the end of the period of
the time specified in the permit or upon completion of the work, whichever
occurs first. If the permittee is unable to complete the work within
the time specified in the permit, he shall, prior to its termination,
request an extension of time from either the Foreman or Engineer,
in writing, the Foreman or Engineer to be provided with the reason
for the requested extension. If the Foreman or Engineer determines
that an extension is necessary, he may grant the permittee such additional
time as he deems appropriate for completion of the work, subject to
an extension fee as set by resolution of the Board of Supervisors.
8. Right to Use Roadway. All permits shall be issued subject to the
rights of the Township and the public to use any roadway which is
the subject of the permit, for all purposes for which such roadway
may lawfully be used.
9. Revocation. A permit may be revoked by the Foreman or Engineer, after
written notice to the permittee, as the result of any one of the following:
A. A violation of any condition of the permit.
B. A violation of any provision of this Part or any other applicable
statute, ordinance or regulation relating to the work.
C. The existence of any condition or the doing of any act by the permittee
which constitutes or creates a nuisance or which endangers the safety
or property of the public.
D. Written notice of the revocation shall be served upon the permittee
or his agent. The notice shall contain a brief statement of the reason
for the revocation and it shall be effective if delivered either by
personal delivery to the permittee, or his agent, or by mailing same
to the permittee at the address on the application, by placing same
in the United States Postal Service, certified mail, return receipt
requested.
[Ord. 396, 3/15/2012, § 103; as amended by A.O.]
1. In order to receive a permit the applicant shall:
A. Complete and file a written application with the Township Secretary,
this on application form prescribed and furnished by the Township.
B. No work shall be commenced by the applicant until the Foreman or Engineer has approved the application and the permit has been issued, other than under those exceptions set forth in §
21-102, above, which pertain to emergency work. By the filing of the application for a permit, the applicant agrees that he shall perform the work in accordance with the terns of this Part, the permit, as issued, and all applicable laws and regulations pertaining thereto and that he shall be bound, in all respects, by the terms and conditions of this Part.
C. If not set forth on the application form itself, the applicant shall
file three copies of all plans which show the extent of the work for
which the permit is being requested. Such plans shall include all
appropriate dimensions and other information which may be required
by the Foreman or Engineer.
D. Pay to the Township, at the time of filing of the application, such
fees for the permit, as may be amended or added from time to time,
by resolution of the Board of Supervisors.
E. Furnish such certificates of insurance as are required by §
21-106, below.
F. Post the permit bond as required by §
21-107, below.
G. Present evidence, if requested by the Foreman or Engineer, that all
material, labor and/or equipment necessary to accomplish the work
are available to the applicant.
H. A copy of the permit shall, at all times while the work is in progress,
be available at the site of the work and it shall be produced, upon
demand, to any authorized representative of the Township.
I. Agree, by the filing of his application, to save the Township, its
Supervisors, officers, employees and agents harmless and to indemnify
all, or any of them, from any and all claims, damages, suits, liabilities
and costs which may arise, or be claimed to arise, by reason of the
work, either as authorized or as actually undertaken by the permittee.
The issuance of a permit, or the doing of any work provided for by
this Part, shall constitute the agreement, by the person doing the
work, to the provisions of this paragraph, irrespective of whether
same is expressed elsewhere.
[Ord. 396, 3/15/2012, § 104]
1. No excavation in any roadway shall extend beyond the center line
of such roadway until the surface of the initial excavation is restored
to a condition which shall provide safe and convenient access for
pedestrian and vehicular traffic. At no time will the improved part
of a roadway be completely closed to vehicular or pedestrian traffic,
unless such closing is authorized, in advance and in writing, by the
Foreman or Engineer.
2. No more than 200 feet, measured longitudinally, of any roadway shall
be opened in any roadway until such time as the previously opened
surface of the roadway is restored to a safe and convenient condition
for vehicular or pedestrian traffic unless such opening is authorized,
in writing, by the Foreman or Engineer.
3. No excavation shall be made, or attempted, if it shall or may interfere
with any utility lines or other underground facilities, unless the
permittee has first secured the permission of the owners of all such
facilities.
4. The permittee shall locate all underground facilities, including
sanitary sewers, storm sewers, gas lines, water lines, telephone and
electrical conduits and all other underground facilities, sufficiently
in advance of the commencement of the work in order that damage to
any such facilities be avoided, as well as to permit their relocation,
if necessary. The permittee shall also comply with all the utility
notification requirements of applicable law.
5. If an underground facility is damaged by the permittee, such damage
shall be repaired and/or restored by the permittee, as necessary and
in accordance with the directions of the owner of the facility.
6. No monument of granite, concrete, iron, steel, brass or other lasting
material shall be removed or disturbed, or caused to be removed or
disturbed, without the permittee first obtaining permission, in writing,
from the Foreman or Engineer to do so, in which case the permittee
shall pay the Township for all its expenses necessary and incidental
to all replacements of such monuments by the Township.
7. If a permittee shall cause any earth, sand, gravel, rock, stone or
other material to be either deposited upon or caused to roll, flow
or wash onto any roadway and there is thereby created a nuisance or
a danger to the public health and safety, the permittee shall cause
all such material to be promptly removed from the roadway. In the
event any such material is not removed within eight hours after notification
to the permittee by the Foreman or Engineer to do so, the Township
may then take all steps necessary to accomplish such removal, the
costs of the removal to be paid to the Township by the permittee.
8. The permittee shall place all such barriers, barricades, lights,
warning flags, danger signs and other safety devices around the work
area as are reasonably necessary to protect the health and safety
of the public. All such safety requirements and precautionary measures
shall be based upon and conform, as applicable, to the requirements
set forth in Form 408, Pennsylvania Department of Transportation publication,
latest edition. The permittee shall also comply with any traffic control
plan which forms part of the permit. In the event the permittee fails
to comply with the provision of this subsection, the Township may
take the necessary steps to compel compliance, all costs incurred
by Township in so doing shall be paid to it by the permittee.
9. At all times while the work is in progress and prior to its completion,
the permittee shall maintain safe crossings for pedestrian and vehicular
traffic at all roadway intersections and, in addition, safe crossings
for pedestrians at intervals of not more than 300 feet. Two lanes
of traffic shall, where possible, be kept open at all intersections
by the installation of covering steel plates. All such steel plates
shall be firmly secured and, where appropriate, imbedded in bituminous
material so as to withstand the normal flow of traffic. If the size
and character of the excavation makes it impractical to use steel
plates, the permittee shall so advise the Foreman or Engineer at the
time the application for the permit is filed and the work shall not
commence until the Foreman or Engineer consents to the omission of
the steel plates.
10. The permittee shall maintain vehicular access to all private driveways,
except during working hours when construction operations prohibit
such access, the owner of any driveway which is affected to be notified
of such nonaccess, by the permittee, prior to the commencement of
the specific work. The permittee shall also insure that there is free
access, at all times, to the fire hydrants in the area covered by
the scope of the work.
11. All excavated material shall be placed compactly along the side of
the trench so as to cause as little inconvenience and danger as possible
to vehicular and pedestrian traffic. When the Foreman or Engineer
deems it necessary, it order to expedite the flow of traffic or to
abate a dirt or dust nuisance, containment measures shall be taken
by the permittee to prevent the spread of excavated material into
traffic lanes. Temporary wooden plank walks shall be installed where
pedestrian traffic in the excavated area may cause inconvenience to
such pedestrians. If the roadway is not sufficiently wide to hold
excavated material, the permittee may use up to 1/2 the width of the
sidewalk along the sidewalk line for such material, the remainder
of the sidewalk to be kept open for pedestrian traffic. No excavated
material shall be permitted to enter any stormwater inlet or sanitary
sewer.
12. The Foreman or Engineer may, in addition to the conditions set forth
herein, impose such other conditions upon the issuance of the permit
as may be reasonably necessary to protect the health and safety of
the public during the course of the work.
[Ord. 396, 3/15/2012, § 105]
1. All excavations shall be backfilled with dry, compactible material
in accordance with PennDOT specifications, Form 408, latest edition,
and such material shall be thoroughly compacted by proper tamping.
The surface of the excavated area shall be restored to its original
or equal condition, unless permittee is authorized by the Foreman
or Engineer, to the contrary.
2. Existing pavement which is removed in the course of the work shall
be removed for a distance of at least one foot beyond the outer limits
of the subgrade that is disturbed, this in order to prevent settlement,
the face of the remaining pavement to be approximately vertical. A
concrete saw shall be used for all concrete pavement cuts and asphalt
paving shall be scored or otherwise cut in a straight line.
3. An applicant shall set forth, in detail on the application, all tunneling
or boring which is contemplated under a roadway.
4. In the event any work performed by a permittee is deemed unsatisfactory,
in the opinion of the Foreman or Engineer, and if such unsatisfactory
work is not corrected in accordance with the instruction of the Foreman
or Engineer or, if the work is not completed within the time specified
in the permit, or any extension of time thereof, the Township may
proceed to correct such unsatisfactory work or complete any uncompleted
work, all costs thereby incurred by the Township to be billed to and
promptly paid by the permittee or through the permittee's bond; provided,
further, that the Township, in addition to any other remedy that the
Township may possess, proceed in assumpsit against the permittee or
contractor, or may proceed against the property in a proper case to
collect any costs incurred by the Township, along with attorney fees
and court costs and interest at 6% per annum.
5. All backfilling, as well as all other work, shall be accomplished
by the permittee with due diligence so that no roadway is obstructed
to a greater extent or for a longer period of time than is actually
necessary. If the work is not prosecuted with due diligence or, in
the opinion of the Foreman or Engineer, it does not comply with the
terms of this Part, the permit or sound engineering practices, the
Foreman or Engineer shall so notify the permittee and the permittee
shall then be required, within three days from his receipt of such
notice, to proceed to complete the work or correct any deficiency
in the work. If the permittee does not comply with the terms of this
notice, the Township may then proceed against the permittee who has
not complied with all the requirements of this Part relative to any
prior permits issued to him, the Foreman or the Engineer to be the
judge of such noncompliance.
6. The Foreman or Engineer shall have the right to inspect all the work
and is also authorized to secure such outside inspection services
as may, in his judgment, be necessary in order to ensure compliance
by the permittee with the provisions of this Part and the permit.
7. Should settlement of a restored area of the work occur within a period
of one year from the date of completion of the permanent restoration
by the permittee, such settlement shall be considered conclusive evidence
of defective work and the Township may then take all action necessary
to correct the condition, the cost of such corrective action to be
paid the permittee or through the permittee bond.
8. The Township shall not, in any way, be responsible for any part of
the work which is either omitted or improperly done by the permittee,
and no officer or employee of the Township is authorized to assume
any jurisdiction of or responsibility for such part of the work, except
when same becomes necessary in the exercise of the police power of
the Township in order to protect the public health and safety.
9. If, in the judgment of the Foreman or Engineer, traffic conditions
or the public health, safety or convenience require that any part
of the work be performed as emergency work, the Foreman shall have
the authority to require that the permittee provide sufficient labor,
material and facilities on a twenty-four-hour basis to complete that
part of the work as soon as possible.
[Ord. 396, 3/15/2012, § 106]
The applicant shall provide a certificate of insurance to the
Township, as part of its application for the permit, same to reflect
that the contractor, subcontractor or any other entity who shall actually
perform the work under the permit is insured against all claims for
bodily injury, including death, as well as all claims for property
damage, any of which may arise out if its performance of the work.
This insurance shall include completed operations and underground
coverages and it shall name the Township as an additional insured.
The Foreman or Engineer may require increased limits in the insurance
coverage based upon the nature and extent of the work; however, the
minimum limits for bodily injury, including death, shall be $500,000
for each person and $1,000,000 for each occurrence and a minimum of
$250,000 for property damage for each occurrence.
[Ord. 396, 3/15/2012, § 107]
1. Requirements. Each applicant shall provide the Township, prior to
issuance of the permit, with a permit bond to guarantee full performance
of the work authorized by the permit, the form of the bond to be substantially
that supplied to the Township. The amount of the bond shall equal
the cost to complete the work, as estimated by the Foreman or Engineer,
including a maintenance bond guaranteeing the work for a period of
one year from the date of its completion but, in no event, shall any
such bond be in an amount less than $1,000. All such bonds shall have,
as collateral thereto, either a cashier's check payable to the Township
or a corporate surety acceptable to the Township. The Foreman or Engineer
may, in the event that multiple permits are to be issued to the same
permittee, permit the applicant to furnish one bond which shall be
in such amount and subject to such terms as the Foreman or Engineer
deems necessary to cover all the work to be done by the applicant
under all such permits.
2. Default. In the event the Foreman or Engineer determines that there
has been a default in the performance of the work, it shall give written
notice of the default to the permittee and its corporate surety, if
any, on the bond. The notice shall state the action which is to be
taken to correct the default, the estimated cost of correction and
the time deemed reasonably necessary for its completion. If a notice
of default is issued to a permittee, the Township may condition issuance
of future road opening permits to such permittee upon submission of
cash security or a letter of credit in place of the bond required
herein, and may deny issuance of a permit in a case where timely correction
of a default is not undertaken.
3. Correction of Default. In the event that, after receipt of the notice
of default, the default shall not be corrected by the permittee within
five days, then, in the case of a corporate surety, the surety shall
be required, within the time specified, to either cause the required
corrections be made or, in the alternative, pay over to the Township
a sum equal to the estimated cost determined by the Foreman or Engineer
for the making of the corrections. Upon receipt of such funds, the
Foreman or Engineer shall then proceed to have the work completed;
however, no liability shall be incurred by the Township as a result
of any such action taken by it, other than its responsibility to see
to the proper expenditure of any funds so received by it.
4. Forfeiture of Cash Bond. Should the permittee have posted a cashier's
check, as collateral to the bond, the Township shall have the right,
either following or in the course of its completion of the work, to
use such portion of the funds represented by said check as are necessary
to pay all costs and expenses incurred by it, any part of such funds
remaining thereafter to be returned to the permittee.
5. Term. The effective term of a bond shall commence on the date of
issuance of the permit and it shall continue, in full force and effect,
until a date one year from the date of approval of the final restoration
of the work by the Foreman or Engineer.
6. Annual Bond for Utilities. Public utilities may be required or permitted
to post an annual bond with the Township, at the discretion of the
Township Foreman or Engineer. The form and amount of the annual bond
shall be determined by the Township Engineer or Township Foreman based
on the amount, nature and frequency of road openings and the permittee's
prior experience, if any.
[Ord. 396, 3/15/2012, § 108]
If, in the opinion of the Foreman or Engineer, the work to be
undertaken is such that it will affect any property which abuts or
adjoins the area of the work, the Foreman or Engineer may require
the permittee to give notice of the same to the owners and/or tenants
of each such affected property. In the case of disruption to electric,
gas, phone, water or cable services, the permittee will inform the
Township Emergency Management Coordinator, the Foreman and the Township
Engineer of the expected commencement and length of such disruption,
such notice to be given at a time not earlier than 48 hours and not
later than 24 hours before the disruption begins. Absent such notice,
no disruption of said services may commence, without approval of the
Township Engineer.
[Ord. 396, 3/15/2012, § 109]
The Township Secretary shall provide the police and fire departments
operating within the Township with a copy of any permit which prohibits
or restricts the flow of traffic on any roadway and the permittee
shall be responsible for coordination between itself and the police
and fire departments in order that the public safety be protected
during the course of the work.
[Ord. 396, 3/15/2012, § 110; as amended by A.O.]
Any person, firm or corporation who shall violate any provision
of this Part, upon conviction thereof in an action brought before
a magisterial district judge in the manner provided for the enforcement
of summary offenses under the Pennsylvania Rules of Criminal Procedure,
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 90 days. Each day that a violation of this Part continues
or each section of this Part which shall be found to have been violated
shall constitute a separate offense.