[HISTORY: Adopted by the Board of Supervisors of the Township of
German as indicated in article histories. Amendments noted where applicable.]
[Adopted 3-10-1995 by Ord. No. 295]
This article shall be known and may be cited as the "Street Excavation
Ordinance."
The subject matter of this article is the regulation of the excavation
or opening or streets by any contractor, subcontractor, utility, municipal
authority, etc., upon any streets within the Township of German and prescribing
penalties for violation thereof.
A.
EXCAVATION
PERSON
SIDEWALK
STREET
TOWNSHIP
The following words, when used in this article, shall
have the meanings ascribed to them in this article, except in those instances
where the context clearly indicates otherwise:
Any activity within the right-of-way of any street, alley, cartway
or road which involves cutting, breaking or disturbing the surface thereof.
In this article, the term "opening" shall have essentially the same meaning
as excavation.
Any natural person, partnership, firm, association, corporation or
municipal authority.
Any sidewalk, walkway, paved walk or other place for pedestrian travel
adjacent to any roadway in the Township of German.
Any right-of-way line or right-of-way line in any public street,
avenue, road, square, alley, way highway or other public place located in
the Township of German and established for the use of vehicles.
Refers to the Township of German, Fayette County, Pennsylvania.
B.
In this article, the singular shall include the plural
and the masculine shall include the feminine and the neuter.
It shall be unlawful for any person to open, to dig or to make any excavation
of any kind or type in any right-of-way line to right-of-way line in any street
or sidewalk in the Township of German except in and upon those portions thereof
established for the use of vehicles and as walkways.
Except in cases of an emergency, it shall be unlawful for any person
to open, to dig or to make any excavation of any kind or type in any street
or sidewalk in the Township of German without first securing a permit therefore,
as hereinafter provided.
A.
Any person who shall desire to make any opening or excavation
in any street or side in the Township of German shall first make application
to the Township Supervisors or their authorized agent in writing for the said
purpose. Said application shall be made on forms to be furnished by the Township
and shall set forth the name and address of the applicant; the location of
the proposed opening or excavation; and the approximate length, width and
depth thereof, and such other information as the Township Supervisors or their
authorized agent shall require, and shall contain an agreement on the part
of the applicant that the work shall be done in full compliance with the ordinances
of the Township of German and the laws of the Commonwealth of Pennsylvania
in relation thereto, and that the applicant shall well and truly
save, defend and keep or save harmless the Township of German 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.
B.
The applicant shall take out and maintain public liability
and property damage insurance in an amount sufficient to indemnify and save
harmless the Township of German from all liability for damages or injury done
to persons and property which may be incurred by reason of such opening or
any failure to properly protect, maintain, barricade, light, backfill, and/or
otherwise properly affect the same. The insurance shall not be in an amount
less than $25,000 for injury to persons and $10,000 for injury to property.
The Township Supervisors or their authorized agent shall set the amount of
insurance in accordance with the size of the opening.
A.
Before any permit shall be issued under this article, the applicant shall pay to the Township Supervisors or their authorized agent, for the use of the Township, a nonrefundable permit fee in an amount to be established, from time to time, by resolution of the Board of Supervisor to cover the cost of inspection and other incidental services in connection therewith. Provided, emergency breaks or leaks may be repaired and a permit therefore secured as provided in § 21-8 of this article upon payment of the aforesaid fee.
B.
Whenever any public utility or municipal authority maintaining underground facilities shall contemplate more than one street opening or excavation, it may post a bond to cover all work. The insurance requirements of § 21-6 shall be waived upon receipt of notice of self-insurance by any public utility or municipal authority. In any case, the bond shall be approved by the Township Supervisors or their authorized agent.
Every person who shall open or excavate any improved street or sidewalk
in the Township shall thoroughly and completely refill the opening or excavation
with granulated slag or equivalent so as to prevent any settling thereafter
and shall restore the surface to the same condition as it was before the opening
or excavation. Such restoration shall be in accordance with the specifications
of the Pennsylvania Department of Transportation, which are hereby adopted
as specifications of the Township for restoration of surfaces of street and
sidewalks in the Township. As restored, the surface 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 by the applicant, the applicant shall redo the
work within the period of time set by the Township Supervisors or their authorized
agent or reimburse the Township for the cost of all necessary repairs to the
permanent paving. Old fill, soil, broken pavement, stones, roots and any other
material or debris shall not be used in the aforesaid backfill.
All other work in connection with openings in any street or sidewalk
including excavation, protection, refilling and temporary paving shall be
done by the permit holder at his expense, and all such work shall be subject
to the provisions of this article and to the supervision and approval of the
Township Supervisors or their authorized agent; provided, that the Township
Supervisors or their authorized agent may require that cutting of the surface
of improved streets or sidewalks and the backfilling of all excavations therein
shall be done by the Township and the charge therefore shall be paid by the
permit holder on the basis of actual costs of the work plus 75%.
A.
No opening or excavation in any street shall extend from
the curbline into the highway a distance greater than one-foot beyond the
center line of the street before being refilled and the surface of the highway
restored to a condition safe and convenient for travel.
B.
No more than 500 feet longitudinally shall be opened
in any street at any one time.
C.
The work of excavation shall be conducted so as not to
interfere with access to fire hydrants, fire stations, the water mains, sewers
or their connections with the house, or any other subsurface lines of constructions,
until permission of the proper authorities in connection with such subsurface
lines of constructions shall have been obtained.
D.
No tunneling shall be allowed without the express approval
of the Township Supervisors of their authorized agent and permission therefore
endorsed upon the permit. The backfilling of a tunnel excavation shall be
made only in the presence of the Township Supervisors or their authorized
representative or inspector designated by him, and shall be done only in a
method approved by him.
E.
All openings or excavations shall be backfilled promptly with suitable materials and thoroughly compacted in layers, each of which shall not exceed six inches in depth. On improved streets, the backfilling shall be placed to within 10 inches of the surface and in compliance with § 21-5 of this article.
F.
On unimproved streets, a temporary paving of suitable
stony materials, thoroughly bound and compacted, shall be installed flush
with the surface of the adjoining paving.
G.
During the making of any excavation in any street or
sidewalk every necessary and reasonable precaution shall be taken by the permit
holder and the parties making the same to keep the street or sidewalk in a
safe and passable condition both by day and night by guards, barriers, lanterns
and other devices, and all excavating permits are granted under and subject
to the express condition that the person to who 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.
H.
The permit holder shall notify the Township Supervisors
or their authorized agent when the opening or excavation is ready and the
backfilling is to be done, and when the work is completed by proper backfilling
in the case of unimproved streets and by temporary paving in the case of improved
streets and sidewalks.
I.
In the event that any work performed by or for a permit
holder shall, in the opinion of the Township Supervisors or their authorized
agent, be unsatisfactory, and the same shall not be correct 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 with the time fixed
by the Township Supervisors or their authorized agent, the Township may proceed
to correct such unsatisfactory work or complete any such work not completed,
and charge the cost thereof, plus 75% to the permit holder.
J.
On all improved streets prior to replacing surface, the
permit holder shall place six-inch thick concrete pad underneath said surface
and extending at least six inches beyond the limits of the excavation in all
directions.
K.
The permit holder shall, at all times and at his or its
own expense, preserve and protect from injury any adjoining property by providing
proper foundations and taking other measures suitable for the purpose. The
permit holder shall at his or its own expense, shore up and protect all buildings,
walls, fences or other property likely to be damaged during the progress of
the excavation work and shall be responsible for all damages to public or
private property or streets or sidewalks resulting from his or its failure
to properly protect and carry out said work. Whenever it may be necessary
for the permit holder to trench through any lawn area, said area shall be
reseeded or the sod shall be carefully cut and rolled and replaced with the
said cut sod or new sod after ditches have been backfilled as required by
this article. All construction and maintenance work shall be done in a manner
calculated to leave the lawn area clean of earth and debris and in a condition
as nearly as possible to that which existed before such work began. Except
in case of an emergency, the permit holder shall not remove, even temporarily,
any trees or shrubs which exist in parking strip areas, without first obtaining
the consent of the Township Supervisors or their authorized agent. The permit
holder shall replace any trees or shrubs removed from said area at his or
its cost and expense.
L.
As the excavation work progresses, all streets or sidewalks
shall be thoroughly cleaned of all rubbish, excess, earth, rock and other
debris resulting from such work. All clean up operations at the location of
such excavation shall be accomplished at the expense of the permit holder
and shall be completed to the satisfaction of the Township Supervisors or
their authorized agent. From time to time, as may be ordered by the Township
Supervisors or their authorized agent and in any event immediately after completion
of said work, the permit holder shall, at his or its expense, clean up and
remove all refuse and unused materials of any kind resulting from said work,
and upon failure to do so within 24 hours after having been notified to do
so by the Township Supervisors or their authorized agent, said work may be
done by the Township Street Department and the permit holder shall be liable
to the Township for the cost thereof plus 75%.
M.
After any excavation is commenced, the permit holder
shall prosecute with diligence and expedition all excavation work covered
by the excavation permit and shall promptly complete such work and restore
the street or sidewalk to its original condition, or as near as may be so
as not to obstruct the public place or travel thereon more than is reasonably
necessary.
N.
The permit holder shall conduct and carry out excavation
work in such manner as to avoid unnecessary inconvenience or annoyance to
the general public and occupants of neighboring property. The permit holder
shall take appropriate measures to reduce the fullest extent practicable in
the performance of the excavation work, noise, dust and unsightly debris and
between the hours of 10:00 p.m. and 7:00 a.m. shall not use, except in case
of emergency, any tool, appliance, or equipment producing noise of sufficient
volume to disturb the sleep or repose of occupants of the neighboring property.
O.
Only that material excavated which is suitable for backfilling
unimproved streets or sidewalks shall be piled and maintained in such manner
as not to endanger those working in the trench, pedestrians or users of the
streets or sidewalk, and so that as little inconvenience as possible is caused
to those using the street, sidewalk and adjoining property. Where the confines
of the area being excavated are too narrow to permit the piling of excavated
material beside the trench, such as might be the case in a narrow street,
the Township Supervisors or their authorized agent shall have the authority
to require that the permit holder haul the excavated material to a storage
site and then rehaul it to the trench site at the time of the backfilling.
It shall be the permit holder's responsibility to secure the necessary permission
and make all necessary arrangements for all required storage and disposal
sites. All suitable material excavated shall be laid compactly along the side
of the trench and kept trimmed so as to cause as little inconvenience as reasonably
possible to vehicular and pedestrian traffic or as specified by the Township
Supervisors or their authorized agent. Whenever necessary in order to expedite
the flow of traffic or to abate the dirt or dust nuisance, toe boards or bins
may be required by the Township Supervisors or their authorized agent to prevent
the spreading of dirt into traffic lanes.
A permit may be issued to the applicant after all the requirements therefore
have been filed. If the application is disapproved, written notice of disapproval
together with reasons therefore shall be given to the applicant.
The work authorized by the permit is subject to all the provisions of
the Act of December 10, 1974, P.L. 852, No. 287, § 1, et seq., as
amended or supplemented from time to time. It shall be the permittee's responsibility
to contact the utilities that have recorded their facilities in compliance
with said Act. A partial list of utilities providing services in the Township
and their office addresses may be obtained from the Township Office or the
County Recorder of Deeds.
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 which the permit has been issued at his or its expense,
and all such work shall be subject to the provisions of this article and to
the supervision and approval of the Township Manager, provided that the Township
Supervisors or their authorized agent 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.
The permission herein granted does not confer upon the permittee 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.
If at any time in the future the roadway is widened, reconstructed or
the alignment or grades are changed, the permittee further agrees to change
or relocate all or any part of the structures covered by this permit which
interfere with the improvement of the roadway at its own cost and expense.
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 Township and such
plan, and the exact location of such main or line, approved by the Township.
Payment for all work done by the Township under the provisions hereof
shall be made by the person made liable therefore under the provisions hereof
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 in the manner provided by law for the collection of municipal
claims.
This article shall not be construed as imposing upon the Township or
any official or employee thereof any liability or responsibility for damages
to any person injured by the performance of any excavation work for which
an excavation permit is issued hereunder; nor shall the Township or any official
or employee thereof be deemed to have assumed any such liability or responsibility
by reason of inspections authorized hereunder, the issuance of any permit
or the approval of any excavation work.
Every public utility after the enactment of this article, shall maintain
adequate records of its underground facilities, expect relatively minor facilities
which connect a particular premise or building to a facility serving more
than one premise or building and except oil or gas gathering or field lines.
The Township Supervisors or their authorized agent shall make such inspections
as are reasonably necessary in the enforcement of this article. The Township
Supervisors or their authorized agent shall have the authority to promulgate
and cause to be enforced and carry out the intent of this article.
Any person, firm or corporation who shall violate any provision of this
article, 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 less than $300 nor 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 article continues or each section
of this article which shall be found to have been violated shall constitute
a separate offense.
[Adopted 10-16-1990 by Ord. No. 390]
It shall be unlawful for any person or persons to construct a driveway
or roadway which enters into any existing Township road without first receiving
a permit from the supervisors of the Township of German.
The entry into the Township roadway shall be in accordance with specifications
established by the Township supervisors. The cost of the permit shall be in
an amount to be established by resolution of the Board of Supervisors.
Any person, firm or corporation who shall violate any provision of this
article, 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 less than $300 nor 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 article continues or each section
of this article which shall be found to have been violated shall constitute
a separate offense.
