[Adopted 3-24-1977 by Ord. No. 1977-3]
A.
It shall
be unlawful for any person or persons, contractors, association or
corporation to break the surface, to open or to excavate any portion
of any street, alley, road or highway in the Township of Falls which
is a Township road unless a permit to do so has first been provided
for the doing of the same.
B.
No permit shall be issued to perform an opening or excavation of
any Township highway, roadway, alley or other public right-of-way
that was constructed, reconstructed or resurfaced fewer than five
years prior to application for a permit under this chapter, unless
the applicant agrees in writing to overlay or pave the surface of
the public right-of-way, from curb to curb and intersection to intersection,
to the satisfaction of the Township. The Township may grant an exception
to this section in the case of an emergency in which the exigencies
of public health or safety require such an exception.
[Added 12-4-2018 by Ord.
No. 2018-08]
[Amended 12-10-1981 by Ord. No. 81-39]
Any person, persons, contractor, association
or corporation desiring to break the surface or to open or to excavate
any portion of any such Township road shall first make written application
to the Township for a permit to do so and shall set forth in the application
plans showing the width, length and depth of the opening, the location
of the road where such is to occur, the point on the road where such
is to occur, the person or persons for whom the proposed opening is
being made, the purpose of the proposed opening, the date when said
proposed opening shall be finished, and such application shall be
accompanied by a fee in the amount of $25.
Upon approval of the application by the Road
Superintendent, the contractor shall enter into an escrow agreement
with the Township. For all openings equal to or less than 40 linear
feet, the contractor shall deposit with the Township cash or a certified
check, payable to the Township of Falls, in the amount of $500, conditioned
for the replacement of the aforesaid Township road as per the Township
of Falls specifications. For all road openings in excess of 40 linear
feet, the amount of escrow shall be subject to negotiations between
the Township and the contractor. At no time, however, shall the negotiated
amount be less than $500.
In the event of an emergency requiring a road
opening prior to notification of the Township, the responsible parties
shall submit an application and adhere to all sections of this regulation
on the first Township working day immediately following commencement
of the road opening. An "emergency" shall be defined as a break, leak
or other disruption of service which threatens the health, safety
and welfare of the community and necessitates immediate repair work
to a sewer, gas, water, electric, telephone, cable television or any
and all other utility lines.
[Amended 12-18-2018 by Ord. No. 2018-12]
A.
Permanent paving shall be constructed no later than 30 days after
the installation of the temporary paving. If within one year after
the installation of the permanent paving defects appear therein, resulting
from defective restoration by the applicant, the applicant shall reimburse
the Township for the cost of all necessary repairs to the permanent
paving.
B.
If the applicant opens pavement having an improved surface, and the
Township's wearing course is less than five years old, the applicant
shall, in addition to the restoration requirements outlined in this
article, overlay the pavement in accordance with the following conditions:
(1)
When a longitudinal opening longer than 100 linear feet has been
made in the pavement, the applicant shall overlay the traffic lanes
in which the opening was made, for the entire length of highway that
was opened, in a manner to be approved by the Township.
(2)
When two or more transverse openings have been made within 100 linear
feet of pavement, the applicant shall overlay traffic lanes in which
the openings were made, for the entire length of highway between the
openings, in a manner to be approved by the Township.
(3)
When four or more openings have been made by the same applicant within
100 linear feet of pavement, the applicant shall overlay traffic lanes
in which the openings were made, for the entire length of highway
between the openings, in a manner approved by the Township.
(4)
If disturbed adjacent to undisturbed lanes are overlaid, the edge
of the disturbed lane shall be saw cut or milled to a depth of 1 1/2
inches or the depth of the existing surface course, whichever, for
the length of the opening to insure a smooth joint with proper elevation
and cross-section. A full width overlay may be authorized on various
roadways instead of saw cutting or milling the disturbed lane.
(5)
If disturbed lanes adjacent to the shoulders are overlayed, the shoulder
shall be raised, with material and in a manner approved by the Township
for the type of existing shoulder, so that the overlaid pavement and
shoulder edges are at the same elevation.
C.
Regardless of the age of the wearing course.
(1)
If more than 100 linear feet of longitudinal or transverse openings,
or both, are made in the pavement, the Township reserves the right
to require the applicant to overlay traffic lanes in which the openings
were made, for the entire length of highway that was opened, if the
Township Engineer determines that the rideability or structural integrity
of the pavement has been impaired by the openings.
D.
If four or more openings are made by the same permit holder within
100 linear feet of pavement, the Township reserves the right to require
the applicant to restore the entire disturbed pavement between the
openings by milling, planning or authorized method and overlaying
the entire disturbed pavement.
E.
Aggregate used in bituminous overlay wearing course shall comply
with skid resistance level (SRC) criteria specified by the Pennsylvania
Department of Transportation.
F.
If an opening is made in a bituminous concrete pavement within three
feet from the edge of pavement or other longitudinal joint or opening,
the surface restoration shall be extended to the edge of pavement
or other longitudinal joint or opening.
G.
At each end of an overlay, the applicant shall install a paving notch
by milling, planning or other authorized method and provide a minimum
ten-foot transition.
H.
The transition areas at each end of an overlay shall follow the contour
of the surrounding surface.
I.
When pavement markings on more than 100 linear feet of highways are
covered or destroyed by the permitted work, including overlays, they
shall be replaced with temporary pavement markings, before opening
the disturbed pavement to traffic. When the pavement surface is fully
restored, permanent pavement markings that were covered or destroyed
shall be replaced by the applicant, in like kind, in their former
location.
J.
Restored openings in the pavement or paved shoulder shall be sealed
with a suitable material in accordance with Township specifications.
After such work has been completed, the person
doing the same shall request of the Township Road Superintendent an
inspection of said work. Upon approval of same, the Township shall
release $300 of escrow, with the remaining $200 being retained by
the Township for a period of one year. If after one year the work
is deemed satisfactory, the balance will be returned upon request
of the contractor and/or owner.
Upon failure of a contractor to perform as per
Township requirements and after proper notice is given to the contractor
and/or owner, the Township reserves the right to use any funds held
on deposit to repair road opening. If the cost of said repairs exceeds
the amount of the remaining escrow, the contractor and/or owner shall
be held responsible for any and all costs over and above the remaining
escrow.
If the costs of said repairs do not exceed the
amount of the remaining escrow, all remaining moneys will be returned
to the contractor and/or owner upon request.
In all cases where the Township has to make
repairs, a surcharge of $25 will be added to the cost of said repairs
to cover administrative costs. In the event that such costs do not
exceed the amount of the remaining escrow, but insufficient funds
remain for the payment of said surcharge, the Township shall use said
moneys as full and final payment of said surcharge.
Any person, persons, contractors, association
or corporation furnishing a public utility service in the Township
of Falls of a kind requiring frequent and repeated openings of such
Township roads may furnish either cash or a certified check in the
amount of $5,000, payable to the Township of Falls, for a term of
one year, conditioned for the replacing of such Township roads as
per Township specifications at all openings or excavations during
such period in lieu of the cash or certified check for such opening
or excavation as hereinbefore provided.
[Amended 12-1-1977 by Ord. No. 77-9; 7-28-1988 by Ord. No. 88-13; 1-25-2001 by Ord. No. 2001-1]
Any person, firm or corporation who violates
or permits a violation of this article shall be guilty of a summary
violation and, upon conviction, shall be sentenced to pay a fine of
not more than $1,000, plus all court costs, including reasonable attorney's
fees, incurred by the Township in the enforcement of this article.
Each day a violation exists shall constitute a separate offense. In
default of the payment of any fine, the defendant shall be sentenced
to imprisonment to the extent allowed by law for the punishment of
summary offenses. Further, the appropriate officers or agents of the
Township are hereby authorized to file a citation for such summary
violation and seek any other available relief at law or equity, including
injunction, to enforce compliance with this article.
