[Adopted 2-8-1995 by Section 8 of Ord.
No. 187]
It shall be unlawful for any person, firm or corporation to construct
any portion of any roadway, and no opening or excavation shall be made or
any obstructions be erected upon or in any portion of a township road right-of-way
except under such conditions, restrictions and regulations relating to the
installation and maintenance thereof as may be prescribed in permits granted
by the township for such purpose and in accordance with this article. For
the purposes of this article, the street and or road right-of-way shall include
the sidewalk, and excavation shall include digging, drilling and tunneling.
The application for a road occupancy permit shall be on a form prescribed
by the township and shall be accompanied by a fee in accordance with the fee
schedule set forth from time to time by the Board of Supervisors. In addition,
the applicant shall submit a sketch or formal plan showing the location of
the facility, width of the traveled roadway, right-of-way lines and dimensions
to the nearest intersecting roads in the case of existing facilities, and
in the case of facilities to be newly constructed similar plans will be required
as to the location of the new construction and the location of existing facilities
will be required to be shown in addition to the above information. In addition
signatures of the person, firm or corporation doing the actual excavation
work along with the name of the person, firm or corporation for whom or which
the work is being done, shall be affixed to the permit applications so that
all parties shall comply with the provisions of this article. The application
shall be submitted to the Township Building Inspector with copies of the permit
application to the Township Engineer and Road Supervisor for review and comment
to be accomplished within five working days.
A permit shall be issued to the applicant after all the aforementioned
requirements have been complied with. The permit holder shall have a copy
of the permit available on site at all times while work is being done, for
immediate inspection by township employees.
The fee for such permits shall be as established by the Township of
Skippack in its separate fee schedule as set forth from time to time by the
Board of Supervisors.
A.
The permittee shall notify the Building Inspector of
the precise time and place when the actual excavation, tunneling, digging
or drilling will be started.
B.
Notification from Pennsylvania One-Call will be required
as to the location of other facilities before the commencement of any excavation.
C.
It shall be unlawful to make any such excavation or tunnel
in any way contrary to or at variance with the terms of the permit therefor.
Proper bracing shall be maintained to prevent collapse of adjoining ground;
and in excavations, the excavation shall not have anywhere below the surface
any portion which extends beyond the opening at the surface.
D.
No injury shall be done to any pipes, cables or conduits
in the making of such excavations or tunnels; and notice shall be given to
the persons maintaining any such pipes, cables or conduits, or to the officer
charged with the care thereof, which are or may be endangered or affected
by the making of any such excavation or tunnel before such pipes, cables or
conduits shall be disturbed.
E.
No unnecessary damage or injury shall be done to any
tree or shrub or the roots thereof.
If any sidewalk is blocked by any such work, a temporary sidewalk shall
be constructed or provided which shall be safe for travel and convenient for
users.
A.
Temporary restoration.
(1)
All excavations within the right-of-way of dedicated
township roads and streets shall be backfilled with 2A modified crushed stone,
compacted in six-inch layers and topped with two inches of cold patch material.
This temporary restoration shall remain in place for a minimum of two months
but not more than four months to allow for settlement and shall be maintained
in a smooth condition by additional application of cold patch as necessary
within 24 hours of verbal or written notification from the township.
(2)
All excavations within the right-of-way of subdivision
roads which are to be dedicated to the township shall also be backfilled with
2A modified crushed stone, compacted in six-inch lifts.
B.
Final restoration. For final restoration, the cold patch
shall be excavated and the edges of the excavation shall be cut straight.
All undermined areas shall also be cut. Final restoration of the paved surface
shall be five inches of BCBC, 21/2 inches of ID-2 Binder and 11/2 inches of
ID-2 wearing (top) material, and all edges shall then be sealed. All final
restorations shall be completed within four months of temporary restoration.
Where deemed necessary, township officials may require that an eight-inch-thick
concrete (three-thousand-pound concrete) cap or slab to be installed extending
one foot over each side of the excavation and the top of the poured concrete
shall be approximately two feet below the surface of the roadway to allow
for ID-2 wearing (top) course.
C.
Identification. All temporary and permanent restorations
shall be identified in the proper ULCC color code paint with the permit holder's
name and telephone number and the full date of placement. The information
shall be placed on the existing paving next to the excavation so as to be
clearly legible for easy identification from township vehicles.
A.
During and upon completion of the work authorized by
the permit, the township shall inspect or have the work inspected, when necessary,
for enforcement compliance with the conditions, restrictions and regulations
prescribed by the permit. The applicant shall be responsible for a period
of one year after completion for corrective work where any settlement or defect
in the work occurs. If the applicant shall fail to rectify any such notice
from the township to do so, the township may do the work or have the work
done by outside contractors and shall impose upon the applicant the cost thereof,
together with an additional 20% of such cost. The recovery of costs shall
come from the cash deposit or bond as set forth herein above.
B.
Any opening in a paved or improved portion of a street
shall be repaired and the surface relayed by the applicant, in compliance
with the ordinances of the township and under the supervision of the Building
Inspector or his/her authorized agent.
C.
Any opening in a paved or improved portion of a street
which is part of the Commonwealth of Pennsylvania State Highway System shall
be repaired and the surface restored by the applicant in compliance with all
regulations and specifications of the Pennsylvania Department of Transportation.
It shall be unlawful to make any excavation in any portion of a street
or sidewalk in the township which is paved with a concrete or asphalt paving.
Where necessary, and where a proper permit has been secured, tunnels may be
driven or excavated under any such pavement provided that upon completion
of the work involved the tunnel shall be backfilled with compacted sand.
A.
Traffic shall be maintained at all times. Road closing
shall be considered only under extremely difficult conditions, and on a case-by-case
basis. Flagmen shall be used when traffic is reduced to one lane. In all cases,
the proper work zone signing shall be installed and maintained by the permit
holder or his agent. No township road shall be closed without first obtaining
the required township road occupancy permit. No township road shall be closed
without first submitting a detour plan, having it approved by the Township
Engineer and Township Building Inspector, and setting up the detour as approved.
The detour signs shall be maintained in proper condition at all times. No
township road shall be closed without first giving 48 hours' advance
notice to the township, except in cases of emergency.
B.
It shall be the duty of every person cutting or making
an excavation in or upon any public place to place and maintain barriers and
warning devices necessary for safety of the general public.
(1)
Warning lights shall be flares, torches, lanterns, electrical
markets or flashers used to indicate a hazard to traffic from sunset of each
day to sunrise of the next day. Torches shall be open wick or flame flares
or bombs generally used in connection with roadway repairs or construction
and operating on kerosene or similar fluid.
(2)
Lanterns shall burn kerosene or a similar fluid and have
clear red or ruby globes. Electrical markers or flashers shall emit light
at sufficient intensity and frequency to be visible at a reasonable distance
for safety. Reflectors or reflecting material may be used to supplement, but
not replace, light sources. The Board of Supervisors may restrict the use
of lanterns or open flame devises in fire hazard areas.
C.
The permittee shall take appropriate measures to assure
that during the performance of the excavation work traffic conditions as near
normal as possible shall be maintained at all times so as to minimize inconvenience
to the occupants of the adjoining property and to the general public.
D.
When traffic conditions permit, the Township Engineer
and Township Building Inspector may, by written approval, permit the closing
of streets and alleys to all traffic for a period of time prescribed by them,
if, in their opinion, it is necessary. Such written approval may require that
the permittee give notification to various public agencies and to the general
public. In such cases, such written approval shall not be valid until such
notice is given.
E.
Warning signs shall be placed far enough in advance of
the construction operation to alert traffic within a public street and cones
or other approved devices shall be placed to channel traffic, in accordance
with the instructions of the Township Engineer and Township Building Inspector.
Except for emergencies, no excavation shall be permitted in any township
road or street that has been overlaid, topped or reconstructed within the
previous 24 months.
The excavation work shall be performed and conducted so as not to interfere
with access to fire hydrants, fire stations, fire escapes, water gates, underground
vaults, valve housing structures and all other vital equipment as designated
by the Township Engineer and Township Building Inspector.
The permittee shall maintain safe crossings for two lanes of vehicle
traffic at all street intersections where possible and safe crossings for
pedestrians at intervals of not more than 300 feet. If any excavation is made
across any public street, alley or sidewalk, adequate crossings shall be maintained
for vehicles and for pedestrians. If the street is not wide enough to hold
the excavated material without using part of the adjacent sidewalk, a passageway
at least 1/2 of the sidewalk width shall be maintained along such sidewalk
line.
A.
The permittee shall not interfere with any existing facility
without the written consent of the Township Building Inspector or Township
Engineer and the owner of the facility. If it becomes necessary to relocate
an existing facility this shall be done by its owner. No facility owned by
the township shall be moved to accommodate the permittee unless the cost of
such work be borne by the permittee. The cost of moving privately owned facilities
shall be similarly borne by the permittee unless it makes other arrangements
with the person owning the facility. The permittee shall support and protect
by timbers or otherwise all pipes, conduits, poles, wires or other apparatus
which may be in any way affected by the excavation work and do everything
necessary to support, sustain and protect them under, over, along or across
said work. The permittee shall secure approval of method of support and protection
from the owner of the facility. In case any of said pipe conduits, poles,
wires or apparatus should be damaged, and for this purpose pipe coating or
other encasement or devices are to be considered as part of a substructure,
the permittee shall promptly notify the owner thereof. All damaged facilities
shall be repaired by the agency or person owning them and the expense of such
repairs shall be charged to the permittee. It is the intent of this section
that the permittee shall assume all liability for damage to facilities and
any resulting damage or injury to anyone because of such facility damage and
such assumption of liability is a contractual obligation of the permittee.
The only exception will be such instances where damage is exclusively due
to the negligence of the owning utility. The township shall not be made a
party to any action because of this section. The permittee shall inform itself
as to the existence and location of all underground facilities and protect
the same against damage.
Whenever the use of a substructure is abandoned, except the abandonment
of service lines designed to serve single properties, the person owning, using,
controlling or having an interest therein shall, within 30 days after such
abandonment, file with the Building Inspector of Skippack Township a statement,
in writing, giving in detail the location of the substructure so abandoned.
If such abandoned substructure is in the way or subsequently becomes in the
way of an installation of the township or any other public body, which installation
is pursuant to a governmental function, the owner shall remove such abandoned
substructure or pay the cost of its removal during the course of excavation
for construction of the facility by the township or any other public body.
The permittee 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. Where in the protection
of such property it is necessary to enter upon private property for the purpose
of taking appropriate protecting measures, the permittee shall obtain consent
from the owner of such private property for such purpose and if he cannot
obtain such consent, the Building Inspector may authorize him to enter the
private premises solely for the purpose of making the property safe. The permittee
shall, at its own expense shore up and protect all buildings, walls, fences
or other property likely to be damaged during the progress of excavation work
and shall be responsible for all damage to public or private property or highways
resulting from its failure properly to protect and carry out said work. Whenever
it may be necessary for the permittee to trench though any lawn area, said
area shall be reseeded or the sod shall be carefully cut and rolled and replaced
after ditches have been backfilled as required in 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. The permittee shall not remove,
even temporarily, any trees or shrubs which exist in parking strip areas without
first obtaining the consent of the Building Inspector.
A.
All material excavated from trenches and piled adjacent
to the trench or in any street shall be piled and maintained in such manner
as not to endanger those working in the trench, pedestrians or users of the
streets and so that as little inconvenience as possible is caused to those
using streets and adjoining property. Where the confines of the area being
excavated are too narrow to permit the piling of excavated materials beside
the trench, such as might be the case in a narrow alley, the Building Inspector
shall have the authority to require that the permittee haul the excavated
material to a storage site and then rehaul it to the trench site at the time
of backfilling. It shall be the permittee's responsibility to secure
the necessary permission and make all necessary arrangements for all required
storage and disposal sites.
B.
All 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 Building Inspector. 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 Building Inspector to prevent the spreading of dirt into traffic
lanes.
As the excavation work progresses, all streets shall be thoroughly cleaned
of all rubbish, excess earth, rock and other debris resulting from such work.
All cleanup operations at the location of such excavation shall be accomplished
at the expense of the permittee and shall be completed to the satisfaction
of the Building Inspector. From time to time, as may be ordered by the Building
Inspector and in any event immediately after completion of said work, the
permittee shall, at his or its own 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 Building
Inspector, said work may be done by the Building Inspector and the cost thereof
charged to the permittee, and the permittee shall also be liable for the cost
thereof under the surety bond and deposit provided hereunder.
A.
The permittee shall maintain all gutters free and unobstructed
for the full depth of the adjacent curb and for at least one foot in width
from the face of such curb at the gutter line. Whenever a gutter crosses an
intersecting street, an adequate waterway shall be provided and at all times
maintained.
B.
The permittee shall make provision to take care of all
surplus water, muck, silt, slicking or other runoff pumped from excavations
or resulting from sluicing or other operations and shall be responsible for
any damage resulting from its failure to so provide.
A.
Heavy-duty pavement breakers may be prohibited by the
Building Inspector when the use endangers existing substructures or other
property.
B.
Saw cutting of Portland cement concrete may be required
when the nature of the work or the condition of the street warrants. When
required, the depth of the cut shall be not less than one inch in depth; however,
depths greater than one inch may be required by the Building Inspector outside
of the limits of the excavation over caveouts, overbreaks and small floating
sections.
C.
Approved cutting of bituminous pavement surface ahead
of excavations may be required by the Building Inspector to confine pavement
damage to the limits of the trench.
D.
Sections of sidewalks shall be removed to the nearest
score line or joint.
E.
Unstable pavement shall be removed over caveouts and
overbreaks and the subgrade shall be treated as the main trench.
F.
Pavement edges shall be trimmed to a vertical face and
neatly aligned with the center line of the trench.
G.
Cutouts outside of the trench lines must be normal or
parallel to the trench line.
H.
Boring or other methods to prevent cutting of new pavement
may be required by the superintendent of public works.
I.
The permittee shall not be required to repair pavement
damage existing prior to excavation unless his cut results in small floating
sections that may be unstable, in which case permittee shall remove and pave
the area.
Fine material, free from lumps and stone, selected from the spoil shall
be thoroughly compacted around and under the substructure to the upper level
of such substructure. Above the upper level of the substructure, backfill
material shall be placed to the subgrade of the pavement in lifts consistent
with the type of soil involved and the degree of consolidation specified by
the Building Inspector. Broken pavement, large stones, roots and other debris
shall not be used in the backfill. The number and size of each lift shall
be dependent upon the type of soil involved. Such backfill shall be done in
a manner that will permit the restoration of the surface to a density condition
not less than that existing prior to excavation unless otherwise specified.
The Building Inspector may require soil tests to be furnished by a recognized
soil testing laboratory or registered professional engineer specializing in
soil mechanics when, in his opinion, backfill for any excavation is not being
adequately compact. In order for the resurfacing to be permitted, such tests
must show that the backfill material meets the minimum requirements as prescribed
by this article. All expense of such tests shall be borne by the permittee.
The backfilling of trenches with other PennDOT-approved methods shall be allowed
if so requested and approved by the Township Engineer.
The maximum length of open trench permissible at any time shall be in
accordance with existing ordinances or regulations.
After an excavation is commenced, the permittee shall prosecute with
diligence and expedite all excavation work covered by the excavation permit
and shall promptly complete such work and restore the street to its original
condition, or as near as may be, so as not to obstruct the public place or
travel thereof more than is reasonably necessary.
When traffic conditions, the safety or convenience of the traveling
public or the public interest require that the excavation work be performed
as emergency work the Building Inspector shall have full power to order, at
the time the permit is granted, that a crew of men and adequate facilities
be employed by the permittee 24 hours a day to the end that such excavation
work may be completed as soon as possible.
Nothing in this article shall be construed to prevent the making of
such excavations as may be necessary for the preservation of life or property
or for the location of trouble in conduit or pipe or for making repairs, provided
that the person making such excavation shall apply to the Building Inspector
for such a permit on the first working day after such work is commenced.
Each permittee shall conduct and carry out excavation work in such manner
as to avoid unnecessary inconvenience and annoyance to the general public
and occupants of neighboring property. The permittee shall take appropriate
measures to reduce to 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 as
herein otherwise provided, any tool, appliance or equipment producing noise
of sufficient volume to disturb the sleep or repose of occupants of the neighboring
property.
Any monument set for the purpose of locating or preserving the lines
of any street or property subdivision or a precise survey reference point
or a permanent survey benchmark within the township shall not be removed or
disturbed or cause to be removed or disturbed without first obtaining permission,
in writing, from the Building Inspector so to do. Permission to remove or
disturb such monuments, reference points or bench marks shall only be granted
upon condition that the person applying for such permission shall pay all
expenses incident to the proper replacement of this monument by the township.
All permits issued hereunder shall be valid for a period of 90 days
from the date of issue. All applications shall be on forms supplied by the
township.
If the permittee is performing its work on a street which is part of
the Pennsylvania State Highway System, the permittee shall also comply with
all applicable state laws and regulations.
Any person who violates or permits a violation of this article, upon
being found liable therefor in a civil enforcement proceeding, shall pay a
fine of not more than $600, plus all court costs, including reasonable attorney's
fees, incurred by the township in the enforcement of this article. No judgment
shall be imposed until the date of the determination of the violation by the
District Justice and/or Court. If the defendant neither pays nor timely appeals
the judgment, the township may enforce the judgment pursuant to the applicable
rules of civil procedure. Each day a violation exists shall constitute a separate
offense. Further, the appropriate officers or agents of the township are hereby
authorized to seek equitable relief, including injunction, to enforce compliance
herewith.
