[Ord. 2011-05, 9/12/2011]
The following words, when used in this Part, shall have the
meanings ascribed to them in this Section, except in those instances
where the context clearly indicates otherwise:
Any activity within the right-of-way of any street, alley
or cartway which involves cutting breaking or disturbing the surface
thereof. In this Part the term “opening” shall have essentially
the same meaning as excavation.
Any natural person partnership, firm, association, corporation
or municipal authority.
Any public street, avenue, road, square, alley, highway,
or other public place located in Wolf Township and established for
the use of vehicles, but shall not include State highways.
[Ord. 2011-05, 9/12/2011]
It shall be unlawful for any person to make any excavation of
any kind in any of the streets in Wolf Township without first securing
a permit therefore, as hereinafter provided.
[Ord. 2011-05, 9/12/2011]
Any person who shall desire to make any opening or excavation
in any of the streets in Wolf Township shall make application to the
Township Secretary in writing for that purpose. Such application shall
be made upon blanks to be furnished by the Township and shall be set
forth in the name of the applicant, the exact location of the proposed
opening or excavation, and the approximate size or depth thereof,
and shall contain an agreement on the part of the applicant that the
work shall be done in full compliance with the ordinances of Wolf
Township and the laws of the Commonwealth in relation thereto, and
that the applicant shall well and truly save, defend and keep harmless
the Township from and indemnify it against any and all actions, suits,
demands, payments, costs and charges for or by reason of the proposed
opening or excavation, and all damages to persons or property resulting
in any manner therefrom, or occurring in the prosecution of the work
connected therewith, or from any other matter, cause or thing relating
thereto.
[Ord. 2011-05, 9/12/2011]
Before any permit shall be issued to open or excavate any street
in the Township the applicant shall pay a permit fee in the amount
fixed according to a schedule established pursuant to resolution.
When application shall be made to open or excavate any longitudinal
opening or excavation in excess of 10 feet, before any permit shall
be issued so as to open or excavate, the applicant shall pay in addition
to such minimum fee, an additional fee at the rate, for each 100 feet
or fraction thereof to be opened or excavated upon such street, pursuant
to the fee schedule.
[Ord. 2011-05, 9/12/2011]
Permits shall be issued only to persons furnishing public utility
services or the owner or owners of the real property adjoining the
location where such opening or excavation is to be made.
[Ord. 2011-05, 9/12/2011; as amended by Ord. 2018-02, 9/10/2018]
Any permit issued hereunder shall specify the exact location
where the opening or excavation is to be made, the approximate permitted
size and depth thereof and the time within which the work for which
the permit is granted is to be completed. No new utility line may
be placed within five feet of an existing utility line without the
prior written permission of the owner of the existing utility line.
The written permission must be submitted with the permit application.
[Ord. 2011-05, 9/12/2011]
A permit may be issued to the applicant after all the requirements
therefore have been met. If the application is disapproved, written
notice of disapproval together with reasons therefore shall be given
to the applicant.
[Ord. 2011-05, 9/12/2011]
The work authorized by the permit is subject to all the provisions
of the Act of December 10, 1974, P.L. 852, No. 287, as amended or
supplemented from time to time. It shall be the permitee’s responsibility
to contact the utilities that have recorded their facilities in compliance
with said Act.
[Ord. 2011-05, 9/12/2011]
Any person who shall open or excavate any street in the Township
shall thoroughly and completely refill the opening or excavation in
such a manner as to prevent any settling thereafter, and shall restore
the surface to the same condition as it was before the opening or
excavation, and such restoration shall be in accordance with the specifications
of the Department of Transportation of the Commonwealth of Pennsylvania
which are hereby adopted as specifications of Wolf Township for restoration
of surfaces of streets in the Township. As restored, the surface of
the street shall conform to the proper grade and be of the same surface
covering as the part of the thoroughfare immediately adjoining the
opening. If within two years after the restoration of the surface
as herein provided, defects shall appear therein resulting from defective
backfilling or restoration by the applicant, the applicant shall reimburse
the Township for the cost of all necessary repairs.
[Ord. 2011-05, 9/12/2011]
All other work in connection with openings in any street, including
excavation, protection, refilling and temporary paving, shall be done
by or for the person to whom or for which the permit has been issued
at his or its expense, and all such work shall be subject to the provisions
of this Part and to the supervision and approval of the Road Master,
provided that the Road Master may, if he deems it necessary to the
proper performance of the work, require that cutting of the surface
of streets and the backfilling of all excavations therein shall be
done by the Township, in which event the applicant shall pay the actual
cost of the work performed by the Township.
[Ord. 2011-05, 9/12/2011]
1.
No opening
or excavation in any street shall extend from the curb line or cartway
a distance greater than one foot beyond the center line of the street
before being refilled and the surface of the street being restored
to a condition safe and convenient for travel.
2.
No more
than 500 feet longitudinally shall be opened in any street at any
one time.
3.
The work
of excavation shall be so conducted as not to interfere with the water
mains, sewers or their connections with the houses, or any other subsurface
lines or constructions, until permission of the proper authorities
in connection with such subsurface lines or constructions shall have
been obtained.
4.
No tunneling
shall be allowed without the express approval of the Road Master and
permission therefore endorsed upon the permit. The backfilling of
a tunnel excavation shall be made only in the presence of Road Master
or an inspector designated by him, and shall be done only in a method
approved by him.
5.
All openings
or excavations shall be backfilled promptly with modified 2A stones
and thoroughly compacted in layers, each of which layers shall not
exceed eight inches in depth. Backfilling shall be placed to within
10 inches of the surface.
6.
A temporary
paving of coldpatch premix, thoroughly bound and compacted, shall
be installed flush with the surface of the adjoining paving or surface
and maintained for a period of 90 days.
7.
On concrete
base streets, such base shall be replaced with concrete and the minimum
size of the opening or excavation shall be 16 square feet.
8.
During
the making of any excavation in the street, every necessary and reasonable
precaution shall be taken by the applicant and the parties making
the same to keep the street in a safe and passable condition both
day and night by guards, barriers, lanterns and other devices, and
all excavation permitted hereunder is subject to the express condition
that the person to whom the same is issued shall indemnify, save and
keep harmless the Township from any loss in damages, or otherwise
whatsoever, which may or shall be occasioned at any time by the said
excavation, or by any leak, explosion or other injury from any pipe,
apparatus, conduit or any other matter placed in the said excavation.
9.
The applicant
shall notify the Road Master when the opening or excavation is ready
for backfilling before any backfilling is done, when backfilling the
work is completed, when the temporary paving has been installed and
when the street has been permanently restored so that inspection may
be made.
10.
In the
event that any work performed by or for a permit holder shall, in
the opinion of the Road Master be unsatisfactory and the same shall
not be corrected in accordance with his instructions within the time
fixed by him, or in the event that the work for which the permit was
granted is not completed within the time fixed by the Road Master,
the Township may proceed to correct such unsatisfactory work or complete
any such work not completed, and charge the cost thereof, plus 20%
to the applicant.
[Ord. 2011-05, 9/12/2011]
In the case of a leak, explosion or other accident in any subsurface
pipe, line, construction or apparatus, it shall be lawful for the
person owning or responsible for such pipe, line, construction or
apparatus, to commence an excavation to remedy such condition before
securing a permit, provided that application for a permit shall be
made immediately and not later than the next business day thereafter,
and that all other provisions of this Part are fully complied with.
If any such emergency condition shall not be immediately attended
to by the owner or person responsible for such pipe, line, construction
or apparatus, the Road Master after such notice as he shall deem necessary
under the circumstances of the particular case, may proceed to do
the work necessary and required by such emergency, and charge the
same on the basis of cost plus 20% to such owner or person.
[Ord. 2011-05, 9/12/2011]
The permission herein granted does not confer upon the permitee
or its contractors the right to cut, remove or destroy trees or shrubbery
within the legal right-of-way except under specifications, regulations
and conditions as the Township may prescribe.
[Ord. 2011-05, 9/12/2011]
The Road Master shall give timely notice to all persons owning
property abutting on any street within the Township about to be paved
or improved, and to all public utility companies operating in the
Township, and all such persons and utility companies shall make all
water, gas or sewer connections, as well as any repairs thereto which
would necessitate excavation of the said street within 30 days from
the giving of such notice, unless such time is extended in writing
for cause shown by the Road Master. New paving shall not be opened
or excavated for a period of five years after the completion thereof,
except in the case of emergency, the existence of which emergency
and the necessity for the opening or excavating of such paving to
be determined by the Road Master. If it is sought to excavate upon
or open a sewer within five years after completion of the paving,
applicant shall make written application to the Township Supervisors,
and a permit for such opening shall be issued only after express approval
of the Township Supervisors.
[Ord. 2011-05, 9/12/2011]
If at any time in the future the roadway is widened, reconstructed
or the alignment or grades are changed, the permitee further agrees
to change or relocate all or part of the structures covered by this
permit which interfere with the improvement of the roadway at its
own cost and expense.
[Ord. 2011-05, 9/12/2011]
No new water, sewer, steam or gas main or electric, telephone
or other utility line shall hereafter be laid or constructed, and
no such existing main or line shall be extended, in any of the streets
of the Township until the plan therefore shall have been first filed
with the Road Master and such plan, and the exact location of such
main or line, approved by him. The Road Master shall not approve the
locating of any such main or line at a depth of less than 30 inches
from the surface of the street unless he shall be convinced that locating
the same at a depth of more than 30 inches from the surface is impractical.
[Ord. 2011-05, 9/12/2011]
No person, firm or corporation shall dig up any street or alley
without first giving to the Township a bond with some acceptable trust
or surety in the sum determined by the schedule of fees, conditioned
for the faithful performance of these provisions and also for any
and all damages, claims, demands, suits, costs and counsel fees occasioned
or arising from the digging up, opening or closing of said streets
and alleys.
[Ord. 2011-05, 9/12/2011]
Payment for all work done by the Township shall be made by the
person made liable therefore under this Part within 30 days after
a bill therefore is sent to such person by the Township. Upon failure
to pay such charges within such time, the same shall be collectible
by the Township by an action in assumpsit or in the manner provided
by law for the collection of municipal claims.
[Ord. 2011-05, 9/12/2011]
Any person, firm or corporation who shall violate any provision
of this Part shall, upon conviction thereof, be sentenced to pay a
fine of not more than $600; and in default of payment, to imprisonment
for a term not to exceed 90 days. Every day that a violation of this
Part continues shall constitute a separate offense.
