[HISTORY: Adopted by the Board of Supervisors of the Township of
Dallas as indicated in article histories. Amendments noted where applicable.]
[Adopted 5-18-2004 by Ord. No. 2004-2]
This article shall be known as the "Dallas Township Pave Cut and Street
Excavation Ordinance," and may be referred to as the same.
The following words, when used in this article, shall have the meanings
ascribed to them in this section, except in those instances where the context
clearly states 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
article, 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, right-of-way,
or other public place located in the Township of Dallas and established for
the use of vehicles, but shall not include state highways.
It shall be unlawful for any person to open or to make any excavation
of any kind in any of the streets in the Township of Dallas without first
securing a permit as hereinafter provided.
Any person who shall desire to make any opening or excavation in any
of the streets in the Township of Dallas 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 of Dallas and shall set forth the name
of the applicant, the exact location of the proposed opening or excavation,
and the appropriate 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 ordinance of the Township of Dallas and the laws of the commonwealth
in relation thereto, and that the applicant shall well and truly save, defend,
and keep harmless the Township of Dallas, and indemnify the Township of Dallas
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 or occurring in the prosecution
of the work connected therewith, or from any other manner, cause or thing
relating thereto.
Before any permit shall be issued to open or excavate any street in
the Township of Dallas, the applicant shall pay a permit fee in the amount
fixed according to resolution. The fee by passage of this article is set at
$100. 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 to open or excavate, the applicant shall pay in addition to such minimum
fee, an additional $50 fee, for each 100 feet or fraction thereof to be opened
or excavated upon such street.
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. In addition, all contractors performing
such work shall also show proof of liability insurance, which also names the
Township of Dallas as an additional party insured.
Any permit issued hereunder shall specify the exact location where the
opening or excavation is to be made, the approximate permitted size or depth
thereof, and the time within which the work for which the permit is granted
is to be completed.
A permit may be issued by the Board of Supervisors to the applicant
after all the requirements have been filled. If the application is disapproved,
written notice of disapproval together with reasons 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, 73 P.S. 177 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 list of utilities providing services in the Township of Dallas
and their office addresses may be obtained from the County Recorder of Deeds.
Any person who shall open or excavate any street in the Township of
Dallas shall thoroughly and completely refill the opening or excavation with
2A modified stone in such a manner to prevent any settling thereafter and
shall restore the surface to the same condition as it was before the opening
or excavation, or in the case of pavement areas, with at least four inches
B.C.B.C. and 1 1/2 inches of ID-2, 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 the Township of Dallas' specifications
for restoration of surfaces of streets in the Township of Dallas. 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. Any openings
in excess of 100 feet in the aggregate (all openings' lengths added)
in any street shall require the permittee to fully overlay the streets'
entire width with an additional 1 1/2 inches ID-2 wearing surface as
directed in the locations directed by the Board of Supervisors. This work
may require the permittee to mill existing pavement as directed by the Board
of Supervisors. If within two years after the restoration of the surface,
as herein provided, defects appear, therein resulting from defective backfilling
or other workmanship by the applicant, the applicant shall reimburse the Township
of Dallas for the cost of all necessary repairs to the permanent paving.
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 part
and to the supervision and approval of the designated official, provided that
the Board of Supervisors may, if it deems it necessary to the proper performance
of work, require that cutting of the surface of streets and the backfilling
of all excavations therein shall be done by the Township of Dallas, in which
event the applicant shall pay the actual cost of the work performed by the
Township.
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 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.
D.
No tunneling shall be allowed without the express approval
of the Township of Dallas, and permission endorsed upon the permit. The backfilling
of a tunnel excavation shall be made only in the presence of an inspector
designated by the Board of Supervisors and shall be done only in a method
approved by him.
E.
All openings or excavations shall be backfilled promptly
with 2A modified stone and thoroughly compacted in layers, each of which layers
shall not exceed eight inches in depth. Backfilling shall be placed to within
5 1/2 inches of the surface.
F.
A temporary paving of coldpatch premix, thoroughly bound
and compacted, shall be installed flush with the surface of the adjoining
paving and maintained for a period of 90 days.
G.
On a concrete base street, such base shall be replaced
with concrete, and the minimum size of the opening or excavation shall be
16 square feet.
H.
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 safe and passable condition
both day and night by guards, barriers, lanterns, and other devices, and all
excavating permits granted hereunder are granted under the subject to the
express condition that the person to whom the same is issued shall indemnify,
save, and keep harmless the Township of Dallas from any loss in damage, 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.
I.
The applicant shall notify the Board of Supervisors when
the opening or excavation is ready for backfilling before any backfilling
is done, when backfilling work is completed, when the temporary paving has
been installed, and when the street has been permanently restored so that
inspections may be made.
J.
In the event that any work performed by or for a permit
holder shall, in the opinion of the Board of Supervisors, be unsatisfactory
and the same shall not be corrected in accordance with its instructions within
the time fixed, or in the event that the work for which the permit was granted
is not completed within the time fixed by the Board of Supervisors, the Township
of Dallas may proceed to correct such unsatisfactory work or complete any
such work not completed, and charge the cost thereof, plus 20% to the applicant.
In the case of any 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 Board of Supervisors shall proceed to do the work necessary
and required by such emergency, and charge the owner or person responsible
for such pipe, line, construction, or apparatus on the basis of cost plus
20%.
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.
The Board of Supervisors shall give timely notice to all persons owning
property abutting on any street within the Township of Dallas about to be
paved or improved, and to all public utility companies operating in the Township
of Dallas, 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 Board of Supervisors.
New paving shall not be opened or excavated for a period of five years after
the completion thereof, except in case of emergency. If it is sought to excavate
upon or open a sewer within five years after the completion of the paving,
the applicant shall make written application to the Board of Supervisors,
and a permit for such opening shall be issued only after express approval
of the Board of Supervisors.
If at any time in the future the roadway is widened or 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 of Dallas,
until the plan is filed and the exact location of such main or line has been
approved by the Board of Supervisors. The Board of Supervisors will 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 it is convinced that locating the same at
a depth of more than 30 inches from the surface is impossible or impractical.
No company, corporation, or association shall dig up any street or alley
without first giving to the Township of Dallas financial security in either
the form of cash or an irrevocable letter of credit, as surety in the sum
determined by the schedule of fees, as prepared annually by the Township Engineer,
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.
A bond may be substituted as financial security in certain circumstances if
approved by the Board of Supervisors.
Payment for all work done by the Township of Dallas under the provisions
hereof shall be made by the person made liable under the provisions hereof
within 30 days after a bill is sent to such person by the Township of Dallas.
Upon failure to pay such charges within such time, the same shall be collectible
by the Township of Dallas by an action or in the manner provided by law for
the collection of municipal claims.
Any person, firm, or corporation who violates any provision of this
article shall, upon conviction thereof, be sentenced to pay a fine of not
more than $600 plus costs, and in default of payment of said fine and costs,
imprisonment for a term not to exceed 30 days. Every day that a violation
of this article continues shall constitute a separate offense.
The provisions of this article shall not apply to laying sidewalks or
curbs.
It is declared that enactment of this article is necessary for the protection,
benefit, and preservation of the health, safety, and welfare of inhabitants
of this Township.
