[Adopted 2-27-2024 by Ord. No. 408[1]]
The following words, when used in this article, shall have the
meaning ascribed to them in this section, except in those instances
where the context clearly indicates otherwise:
Any person who makes application for a permit.
Any unforeseen circumstance or occurrence, the existence
of which constitutes a clear and immediate danger to persons or properties.
Newly constructed cartways, including base and surfacing
of either concrete or asphalt and reconstructed cartways surfaced
with at least 1 1/4 inch top of asphalt, less than seven years
old, or based on condition as determined by the Township.
Any person who has been issued a permit and has agreed to
fulfill all the terms of this article.
The Washington East Washington Joint Authority (WEWJA), Canonsburg
Houston Joint Authority (CHJA), any cable television company or any
company subject to the jurisdiction of and control by the Pennsylvania
Public Utility Commission.
A public street, public easement, right-of-way, public highway,
public alley, public sidewalk, public way or public road accepted
or maintained by the Township or open for travel and use by the public,
whether or not so accepted or maintained, including the entire area
within the right-of-way thereof.
A.
It shall be unlawful for any person to make any tunnel, opening,
drill holes or excavation of any kind in or under the surface of any
street without first securing a permit from the Township for each
separate undertaking.
B.
Any person maintaining pipes, lines, or other underground facilities
in or under the surface of any street may proceed with opening without
a permit when emergency circumstances demand the work be done immediately,
provided that the permit could not have reasonably and practically
been obtained beforehand. In such cases where emergency openings are
necessary, the Township shall be notified prior to such openings by
either fax or telephone. The person shall thereafter apply for a permit
on the first regular business day on which the Township office is
open for business, and said permit shall be retroactive to the date
when the work was begun.
C.
It shall be unlawful for any person, firm or corporation to drill
any hole for any purpose in any street, avenue or other public place
in the Township unless a permit has been obtained from the Township.
No permittee shall perform any of the work authorized by such
permit in any amount greater than that specified in such permit. If
the permittee desires to perform additional work, then an additional
application must be submitted.
Work for which a permit has been issued shall commence within
30 days after the issuance of the permit thereof. If not so commenced,
the permit shall be terminated automatically.
Every permit shall expire after 90 days from issuance date.
If the permittee shall be unable to complete the work within the specified
time, he or she shall, prior to expiration of the permit, present
in writing to the Township a request for an extension of time setting
forth therein the reasons for the requested extension. If the Township
finds that the failure to complete the work under the permit within
the time specified therein was due to circumstances reasonably beyond
the control of the permittee and that an extension of time to complete
the work under the permit is necessary and not contrary to the public
interest, the permittee may be granted additional time for the completion
of the work.
Permits are not transferable from one person to another, and
the work shall not be performed in any place other than the location
specifically designated in the permit.
All street openings required by utilities owned and/or operated
by the Township shall be made and restored under the direction and
supervision of the Township. The permit, fee, deposit, insurance,
and bond requirements of this article shall not be applicable to any
openings made by Township-owned and/or -operated facilities.
The provisions of this article shall not be applicable in those
instances where the street or highway is maintained by the Commonwealth
of Pennsylvania or by the Washington County; provided, however, that
any person applying for a permit to do work within the right-of-way
of a street or highway maintained by the Commonwealth of Pennsylvania
or by the Washington County which would otherwise require a permit
under the terms of this article shall notify the Township at the time
that said application is made and at the time that the work under
the permit issued pursuant to said application is begun, so that proper
safety precautions may be taken by the Township during the continuation
of said work.
Every permit shall be granted subject to the right of the Township,
or of any other person entitled thereto, to use the street for any
purpose for which such street may lawfully be used not inconsistent
with the permit.
A.
Any permit may be revoked by the Township, after written notice to
the permittee, for:
(1)
Violation of any condition of the permit or of any provision of this
article.
(2)
Violation of any other applicable provision of the Township Code
or any other applicable ordinance, regulation, or statute.
(3)
The existence of any condition or the doing of any act constituting
or creating a nuisance or endangering the life or property of others.
B.
When any permit has been revoked and the work authorized by the permit
has not been completed, the Township shall do or cause to be done
such works as may be necessary to restore the street or part thereof
to as good a condition as before the opening was made. All expenses
incurred by the Township shall be recovered from the deposit or bond
the permittee has made or filed with the Township.
It shall be the duty and responsibility of any applicant to:
A.
Make written application for such permit with the Township on such
forms as he or she shall prescribe. No work shall commence until the
Township has approved the application and plan and issued a permit,
and until the permittee has paid and provided all required fees, deposits,
certificates, and bonds.
B.
Agree to save the Township, its officers, employees, and agents harmless
from any and all costs, damages, and liabilities which may accrue
or be claimed to accrue by reason of any work performed under said
permit. The acceptance of a permit shall constitute such an agreement
by the applicant, whether the same is expressed or not.
It shall be the duty and responsibility of any person receiving
a permit to pay a permit fee in an amount established by resolution
of the Township Board of Supervisors.
A.
No opening or excavation in any street shall extend beyond the center
line of the street before being backfilled and the surface of the
street temporarily restored.
B.
No more than 250 feet measured longitudinally shall be opened in
any street at any one time, except by special permission of the Township.
C.
Roads must be open to traffic at all times, unless the permittee
obtains written consent from the Township to close the road during
construction activities.
D.
All utility facilities shall be exposed sufficiently, or their definite
location shall be determined ahead of trench excavation work to avoid
damage to those facilities and to permit their relocation, if necessary.
E.
Pipe drains, pipe culverts, or other facilities encountered shall
be protected by the permittee.
F.
Any person whose facilities are damaged or caused to be relocated
by the permittee shall notify the permittee and the Township of such
damage and thereafter make the necessary repairs or relocation and
file a claim against the permittee with the Township for the costs
of such repairs or relocation. Public utility companies concerned
shall be notified by the Township in sufficient time to determine
the validity of the damage or relocation claims. The cost of such
repair work or relocation work may be withheld by the Township from
the deposit pending determination of liability for the damage.
G.
Monuments of concrete, iron, or other lasting material set for the
purpose of locating or preserving the lines of any street or property
subdivision, or a precise survey reference point of a permanent survey
benchmark within the Township, shall not be removed or disturbed,
or caused to be removed or disturbed, unless permission to do so is
first obtained, in writing, from the Township. Permission shall be
granted only upon the condition that the permittee shall pay all expenses
incident to the proper replacement of the monument.
H.
When work performed by the permittee interferes with the established
drainage system of any street, provision shall be made by the permittee
to provide proper drainage.
I.
When any earth, gravel, or other excavated material is caused to
flow, roll, or wash upon any street, the permittee shall cause removal
of the same from the street within eight hours after deposit to permit
safe flow of traffic. In the event that the earth, gravel, or other
excavated material so deposited is not removed as specified, the Township
shall cause such removal, and the cost incurred shall be paid by the
permittee.
J.
Every permittee shall place around the project such barriers, barricades,
lights, warning flags, and danger signs as shall be determined by
the Township to be necessary for the protection of the public. Pennsylvania
Department of Transportation Publication 213, Temporary Traffic Control
Guidelines, latest edition.
K.
Access to private driveways shall be provided except during working
hours when construction operations prohibit provisions of such access.
Free access must be provided at all times to fire hydrants.
L.
Work authorized to be performed by a permittee shall be performed
between the hours of 7:00 a.m. and 7:00 p.m., Monday through Saturday,
unless the permittee obtains written consent from the Township to
do work at an earlier or later hour. Such permission shall be granted
only in the case of an emergency or in the event that the work authorized
by the permit is to be performed in traffic congested areas.
M.
In granting any permit, the Township may attach such other conditions
thereto as may be reasonably necessary to prevent damage to public
or private property or to prevent the operation from being conducted
in a manner hazardous to life or property or in a manner likely to
create a nuisance. Such conditions may include, but shall not be limited
to:
(1)
Limitations on the period of the year in which the work may be performed.
(2)
Restrictions as to the size, weight, and type of equipment.
(3)
Designation of routes upon which materials may be transported.
(4)
Designation of the place and manner of disposal of excavated materials.
(5)
Requirements as to the laying of dust, the cleaning of streets, the
prevention of noise and other results offensive or injurious to the
neighborhood, the general public, or any portion thereof.
(6)
Regulations as to the use of streets in the course of the work.
N.
The use of a mechanical device for the breaking of pavement, such
as a hydra-hammer, headache ball, etc., will be permitted only under
special written permission of the Township.
A.
All pavement cuts, openings, and excavations shall be made properly
and backfilled and restored properly by the permittee according to
Township specifications adopted by resolution and on file at the Township
Office. The permittee must also restore all curbs, sidewalks, and
handicap ramps disturbed in the excavation in accordance with same
adopted specifications.
B.
The Township shall be notified by the permittee 48 hours in advance
of backfilling and restoration. Such notice shall provide approximate
time each will begin.
C.
No backfilling or restoration shall be accomplished until permission
has been granted by the Township.
D.
The work of final restoration, including both paving surface and
paving base and materials used, shall be subject to inspection by
the Township.
E.
All streets less than 18 feet in curb-to-curb width shall be repaved
the full width of the street. Streets greater than 18 feet in curb-to-curb
width may be repaved from the curb to the center line upon approval
of the Township, unless the excavation intersects the center line,
in whole or in part. If the excavation intersects the center line
on streets greater than 18 feet in curb-to-curb width, then the street
shall be repaved the full width of the street.
F.
If the Township Engineer finds that paving surfaces adjacent to the
street openings may be damaged where trenches are made parallel to
the street where a number of cross trenches are laid in proximity
to one another or where the equipment used may cause such damage,
he or she may require negotiated contribution from the permittee for
the resurfacing in place of patching of such street if the total area
of the proposed patch or damage area exceeds 25% of the total pavement
surfacing between curb faces or between concrete gutter edges. Such
negotiations shall be carried on and contributions agreed upon prior
to issuance of a permit.
G.
After excavation is commenced, the work of making and backfilling
the same shall be prosecuted with due diligence. The permittee is
required to complete permanent restoration of the street surface in
accordance with municipal specifications within seven days after repairs
and/or installation are completed. Furthermore, the permittee shall
be required to install and maintain a temporary surface in accordance
with municipal specification during:
H.
Inspections of all work authorized by a permit shall be made by the
Township or their designee at such times and in such manner as required
to assure compliance with provisions of the article. If the nature
of the work to be performed under any permit is such as to require
the services of a full-time inspector, the Township Engineer shall
provide the services of such inspector.
I.
All costs of inspection shall be borne by the permittee. Such costs
shall be based upon a schedule of charges on file in the Township
Office.
J.
Upon completion of all work accomplished under the provisions of
a permit, the permittee shall notify the Township, in writing. A certificate
of final inspection shall be issued by the Township or their designee
to each permittee no sooner than one year and not later than 18 months
after the permanent restoration of the excavation has been made, provided
that the work authorized by the permit has been performed according
to municipal specifications. Prior to the issuance of a certificate,
the Township shall make a final inspection of the restoration to determine
whether municipal specifications have been adhered to and/or whether
the restoration work was otherwise adequately and properly performed.
K.
If any settlement in a restored area occurs within a period of two
years from the date of completion of the permanent restoration and
the permittee fails to make such correction after notification, any
expense incurred by the Township in correcting such settlement shall
be paid by the permittee or recovered from his or her bond, unless
the permittee submits proof, satisfactory to the Township, that the
settlement was not due to defective backfilling.
L.
In no case shall any opening made by the permittee be considered
in the charge or care of the Township or any of its officers or employees,
and no officer or employee of the Township, or its agents, is authorized
in any way to take or assume jurisdiction over any such project opening,
except in the exercise of police power when necessary to protect the
life and property.
The Township, upon receipt of a properly completed application,
shall determine the amount of guarantee to be made by the permittee
in accordance with the schedule of charges adopted by resolution.
The guarantee shall be used to reimburse the Township for the cost
of work, materials, or any other expenses incurred by the Township
in carrying out the provisions of this article. In the case of a public
utility company, the requirement of such guarantee may be waived if
such public utility company files with the Township its corporate
bond as provided in this article. If any guarantee is less than sufficient
to pay all costs, the permittee, shall, upon demand, pay to the Township
an amount equal to pay the deficiency. If the permittee fails or refuses
to pay such deficiency, the Township may institute an action to recover
the same in any court competent jurisdiction. Until such deficiency
is paid in full, no additional permits shall be issued to such permittee.
A.
The permittee shall provide to the Township with, prior to the issuance
of the permit, financial security in a form acceptable to the Township
Solicitor, to guarantee faithful performance of work authorized by
a permit granted pursuant to this article. The amount of the financial
security shall be 100% of the estimated cost of restoring the street
opening. The term of the financial security shall begin upon the date
of posting thereof and shall terminate upon the receipt by the permittee
of a certificate of final inspection from the Township. If the permittee
anticipates requesting more than one permit per year, as required
by this article, he or she may furnish a single financial security
to guarantee faithful performance in such amount as the Township deems
necessary. The amount of such bond shall be in relation to the cost
of restoring pavement cuts to be made by the permittee throughout
the year. In the case of a public utility company, its corporate bond,
in a form satisfactory to the Township Solicitor, may be accepted
in lieu of the corporate surety bond required by this section.
B.
Maintenance bond. Each applicant, upon the receipt of a permit, shall
provide the Township with financial security, in a form acceptable
to the Township Solicitor, to guarantee the maintenance of the work
authorized by a permit granted pursuant to this article, as well as
compliance with the street opening specifications of the Township
and the provisions of this article. The Township shall determine the
amount of the bond, and it shall be in relation to the cost of restoring
the pavement cuts to be made by the permittee; provided, however,
that the minimum amount of the bond shall not be less than $2,000.
The term of each bond shall begin from the completion date of permanent
restoration of the opening by the Township and shall terminate upon
the receipt by the permittee of a certificate of final inspection
from the Township or their designee. If the permittee anticipates
requesting more than one permit a year, he or she may file a single
financial security to guarantee maintenance of the work authorized
by a permit granted under this article, as well as compliance with
the specifications of the Township and the provisions of this article,
in such amount as the Township deems necessary. The amount of such
bond shall be in relation to the cost of restoring pavement cuts to
be made by the permittee throughout the year. In the case of a public
utility company, its corporate bond, in a form satisfactory to the
Solicitor, may be accepted in lieu of the corporate surety bond required
by this section.
C.
Default in performance. Whenever the Township shall find that a default
has occurred in the performance of any term or condition of the permit,
written notice thereof shall be given to the principal and to the
surety on the bond. Such notice shall state the work to be done, the
estimated cost thereof, and the period of time deemed by the Township
to be reasonably necessary for the completion of such work.
D.
Completion of work. After receipt of such notice, the surety must,
within the time therein specified, either cause the required work
to be performed or, failing therein, indemnify the Township for the
cost of doing the work as set forth in the notice.
Prior to the issuance of the permit, each applicant shall provide
a certificate of insurance to the Township that reflects that the
contractor, subcontractor or any other entity who shall actually perform
the work under the permit is insured against all claims for damages
because of bodily injury, including death, and from claims for damages
to property which may arise out of or be related to the performance
of work under the permit in an amount of at least $2,000,000. Such
insurance shall cover collapse, explosive hazards, underground work
and work by equipment on the street and shall include protection against
liability arising from completed operations. The specific amount of
the insurance shall be prescribed by the Township in accordance with
the nature of the risk involved; provided, however, that the liability
insurance for bodily injury shall be in an amount not less than $250,000
for each person and $500,000 for each accident, and for property damage
in an amount not less than $100,000 with an aggregate of $300,000
for all accidents. The certificate of insurance shall also state that
the Township shall be given written notice at least 60 days prior
to cancellation of such insurance. The Township shall be listed as
an additional insured and/or loss payee on all polices of insurance
described in this section. Public utility companies and authorities
may be relieved of the obligation of submitting such a certificate
if they submit satisfactory evidence, in a form acceptable to the
Township Solicitor, that they are insured in accordance with the requirements
of this article or have adequate provision for self-insurance. Public
utility companies may file an annual certificate of insurance in lieu
of individual certificates for each permit.
A.
Notice of proposed improvement. When the Township shall improve or
pave any street, the Township first shall give notice to all persons
owning property abutting on the street about to be paved or improved
and to all persons, public utility companies, and authorities operating
in the Township, and all such persons, public utility companies, and
authorities shall make all connections, as well as any repairs thereto,
which would necessitate excavation of the street, within 30 days from
the giving of such notice. The time shall be extended if permission
is requested, in writing, and approved by the Township after consultation
with the Township and/or Township Engineer.
B.
Restriction upon opening newly improved streets. No permit shall
be issued by the Township which would allow an excavation or opening
in a paved and improved street surface less than seven years old unless
the applicant can demonstrate clearly that public health or safety
requires that the proposed work be permitted, or unless an emergency
condition exists, or unless approved by Township Board of Supervisors.
C.
Requirements for opening newly improved streets. If by special action
of the Township Board of Supervisors a permit is issued to open any
paved an improved street surface less than seven years old, then the
applicant for such permit shall improve the opening and/or excavation
for the entire width of the street and a length to be determined by
the authorized Township representative, with 60 lineal feet generally
being the minimum and restored in accordance with Township Specifications,
as amended from time to time, filed at the Township Office. These
requirements may be waived by the action of Township Board of Supervisors.
A.
Every person owning, using, controlling, or having an interest in
pipes, conduits, ducts, or other structures under the surface of any
street used for the purpose of supplying or conveying gas, electricity,
communication impulses, water, or steam to or from the Township or
to or from premises of its inhabitants or for any other purposes shall
file with the Township, within 120 days after the adoption of this
article, a written statement containing the names of the Township's
streets wherein the aforementioned facilities owned by such persons
are located.
A.
Whenever any pipe, conduit, duct, tunnel, or other structure located
under the surface of any street is abandoned or the use thereof is
abandoned, the person owning, using, controlling, or having an interest
therein shall, within 30 days after such abandonment, file with the
Township a statement, in writing, giving detail the location of the
structure so abandoned. Whenever there are manholes or tunnels associated
with any abandoned underground facilities, such manholes or tunnels
shall be filled in at the time of abandonment and the Township notified
thereof in writing.
B.
When the Township plans to pave or improve streets in which there
are abandoned facilities, the owner of such facilities shall be notified
to remove them if, in the opinion of the Township and Township Engineer,
their removal is in the best interest of the Township. If the owner
shall refuse to remove such abandoned facilities, the Township shall
remove the abandoned facilities and the owner shall reimburse the
Township for full removal.
A.
If the work to be undertaken by the permittee is such that it will
affect the use of properties abutting or adjoining the project, the
Township may require the permittee to submit a list of owners and/or
tenants and/or addresses of all properties abutting the area where
the work authorized by the permit is to be performed. Upon receipt
of such list, the Township shall notify the affected property owners
and/or tenants of the proposed work to be done.
B.
If the work to be undertaken by a permittee will affect other subsurface
installation(s) in the vicinity of the proposed opening, the Township
shall notify the owner(s) of such facilities of the proposed work.
The Township shall notify, in writing, municipal police, Washington
County Control, and fire authorities of all street opening permits
he or she grants of a nature that would require a street to be closed.
Such notification shall state the nature of the work to be done, the
proposed beginning and completion dates, and the location of such
project.
A.
Any person, firm, or corporation who violates a provision of this
article, or who fails to comply therewith, or with any of the requirements
thereof, shall be, upon conviction thereof, sentenced to pay a fine
of not less than $100 nor more than $1,000 for each violation plus
costs, and in default of payment of said fine and costs, to imprisonment
to the extent permitted by law for the punishment of summary offenses.
B.
A separate offense shall arise for each day or portion thereof in
which a violation is found to exist or for each section of this article
found to have been violated. All fines and penalties for the violation
of this article shall be paid to the Township Treasurer.
C.
The Township may also commence appropriate actions in equity, at
law, or other to prevent, restrain, correct, enjoin, or abate violations
of this article.
