[Adopted 4-13-1961 by Ord. No. 1026]
A. 
Definitions. The following words, terms and phrases as used in this article shall have the meanings given herein:
BOARD OF COMMISSIONERS
The Board of Township Commissioners, Department of Public Works, the Township Secretary and the Township Engineer or their authorized representatives.
EXCAVATION
Any break or opening in the surface or subsurface of any public place in any manner whatsoever.
FACILITY
Any pipe, sewer, drain, conduit, tunnel, manhole, duct, vault, buried wire or cable, meter, gauge, valve, regulator, junction box, transformer, tower, wire, pole, anchor, phone booth, curb, curb and gutter, sidewalk, driveway or any other object, structure or material of any kind, whether mentioned herein or not, which may be lawfully constructed, left, placed or maintained in, across, under, over, upon or along any public place.
IMPROVED SURFACE
Any surface which is paved with cement concrete, bituminous concrete, penetration asphalt or any other material.
PERSON OR PERSONS
Any person or persons, corporation, partnership, individual, association, company or any organization.
PUBLIC PLACE
Any township street, road, highway, avenue, lane, place, way, alley, footpath, sidewalk, park or any public property owned or controlled by the Board of Commissioners.
SIDEWALK AREA
The area between the curbline and the side of the right-of-way in any township street, road, highway, avenue, lane, place or way.
UNIMPROVED SURFACE
Any surface which is not paved.
B. 
When not inconsistent with the context, words used in the singular include the plural, and words in the plural include the singular, and words used in the present tense include the future. The word "shall" is always mandatory.
It shall be unlawful for any person to make, cause or permit to be made or caused any excavation or opening in or under the surface of the ground or paved areas within the boundaries of any public place, for the purpose of installing, repairing, erecting, replacing or making connections to any facility, without first obtaining from the Board of Commissioners a permit therefor before such work is begun and without complying with such other requirements as herein specified.
Before such permit is issued, a written application on a form to be furnished for that purpose by the Board of Township Commissioners must be filed with the Department of Public Works. The written application shall state the name, address and principal place of business of the applicant and set forth the purpose for which the said public place is to be excavated, the location and dimensions of said excavation and the purpose of the facility. The applicant shall agree to assume all liability for all or any damages to persons or property accruing to the public or to the said township which may or might result from the opening, excavating or occupying of said public place.
The filing of an application and the issuance of a permit shall constitute an agreement on the part of the applicant to comply with the terms of this article and all rules, regulations, resolutions and requirements of the Board of Commissioners now in force or hereafter adopted, and shall constitute an agreement to indemnify and save harmless the township from and against all claims, demands and actions for damages either to persons or property that may be sustained by any person by reason of or arising out of any work done or action taken under the application and permit. Prior to the issuance of a permit, the applicant shall file with the Board of Commissioners a certificate showing that the hereinafter-mentioned insurance is carried in the specified amounts, obtained from a reputable company satisfactory to the township, or file a self-insurance certificate as issued by the Pennsylvania Department of Labor and Industry and the Pennsylvania Department of Revenue. Such certificate shall specify that the contractual liability required under this article is covered and shall specify that the coverage will not be canceled or changed without ten days' prior notice to the township.
A. 
Workmen's compensation insurance shall be maintained for all employees at the site of the project, and in case any work is sublet, the applicant shall require the subcontractor similarly to provide workmen's compensation insurance for all the latter's employees unless such employees are covered by the protection afforded by the applicant. In case any class of employees engaged in hazardous work at the site of the project is not protected under the workmen's compensation statute, the applicant shall provide and cause each subcontractor to provide adequate insurance for the protection of such employees not otherwise protected.
B. 
Liability insurance.
(1) 
Comprehensive general liability insurance for bodily injury and property damage shall be taken out and maintained to protect the Township of Abington, the applicant and any subcontractor performing work covered by the application from claims for damages for personal injury, including accidental death, as well as from claims for property damage, which may arise from operations under the application, whether such operations shall be performed by the applicant or by any subcontractor or by anyone directly or indirectly employed by the applicant or by any subcontractor, and the amounts of such insurance shall be as follows:
(a) 
Bodily injury insurance: $100,000/$300,000.
(b) 
Property damage insurance: $50,000.
(2) 
The above policies of comprehensive general liability insurance for bodily injury and property damage must be so written as to include contingent bodily injury and contingent property damage insurance to protect the applicant against claims arising from the operations of subcontractors.
(3) 
The following special hazards shall be covered by rider or riders to the public liability and/or property damage insurance policy or policies herein required to be furnished by the applicant, or by separate policies of insurance in the same amounts required under public liability and property damage as hereinbefore specified:
(a) 
All automobile and automobile trucks owned, used and hired by contractors used in connection with the work covered by the application.
(b) 
Blasting, if blasting is necessary on the project.
[Amended 9-14-1972 by Ord. No. 1336; 3-11-1976 by Ord. No. 1420; 12-8-1988 by Ord. No. 1644]
A. 
Application. At the time of filing the application, the applicant shall pay a filing fee of $50 and, in addition thereto, a fee for engineering and inspection calculated as set forth in Subsection B, below. The filing fee may hereafter be adjusted by resolution of the Board of Commissioners of the Township of Abington. Both fees shall be payable to the Township of Abington. The fee for engineering and inspection shall be based on the estimated work involved, as set forth in the application. Upon completion of the work and/or restoration, final measurements will be made by the Township Engineer or the Engineer's representative to determine the final fee. If the amount paid at the time of filing of the application is insufficient to cover the final fee, an invoice will be issued to the applicant by the Township in the amount of such insufficiency. If the amount paid at the time of filing of the application is in excess of the final fee, a refund will be made by the Township to the applicant in the amount of such excess. The Board of Commissioners may exempt any applicant from paying any fee if the payment of such fee would cause the applicant a financial hardship.
[Amended 12-13-2007 by Ord. No. 1955]
B. 
Inspection. The minimum inspection charge shall be $15. A permit will be required for replacement of broken or deteriorated curb or sidewalk by a property owner.
(1) 
Unimproved surface. For openings or excavations in any public place having an unimproved surface, there shall be charged the sum of $0.50 per square foot or fraction thereof.
(2) 
Improved surface. For openings or excavations in any public place having an improved surface, there shall be charged the sum of $1 per square foot or fraction thereof.
(3) 
Sidewalks. For openings or breaks in improved sidewalks and for replacement of broken or deteriorated sidewalks, there shall be charged the sum of $15.
(4) 
Curbs, combined curbs and gutters. For removing curb or combined curb and gutter, for replacing broken or deteriorated curbs, for breaking the surface of any improved curb for the purpose of constructing any driveway across the same and for making cuts for roof drains or for any other purpose, there shall be charged the sum of $15.
(5) 
Poles.
(a) 
For the erection or setting of any poles in new locations, there shall be charged the sum of $10 for each pole. No fees will be charged where a pole is installed as a replacement of a pole previously erected, provided that a statement is filed with the Township Engineer clearly stating the poles that are to be replaced.
(b) 
A license charge or inspection fee of $1 per pole per annum shall be and hereby is on all poles erected within the boundary of any public place in the Township of Abington.
(c) 
All poles erected within the boundaries of any public place in the Township of Abington shall be lettered or stenciled with the initials of the owners or with some other designation of ownership, together with a number for the same. A complete record showing the location and number of each pole in the Township of Abington shall be filed with the Township Secretary annually on or before March 1 by the owner of said poles, accompanied by the necessary license charge or inspection fee.
(6) 
Special inspections. Where the Board of Commissioners deems it necessary to require special inspection due to the nature and/or the extent of the work involved, the applicant will be charged a fee of $25 per hour or fraction thereof for the time an Inspector is engaged on the work.
C. 
Lines and grades.
(1) 
The Township Engineer shall furnish information as to lines and grades for the placing of sidewalk or curb within the boundaries of any public place.
(2) 
The stakeout of the lines and grades shall be performed by a Pennsylvania registered engineer or surveyor.
(3) 
The Board of Commissioners will require special inspection for all new sidewalk or curb construction.
[Amended 12-8-1988 by Ord. No. 1644]
No permit shall be issued by the Township Secretary until the application has been approved by the township, the certificates of insurance have been filed, where required, nor until the payment of the fees hereinbefore specified and, in addition, the permit fee of $15. The permit shall not be operative for more than 60 days from the date of issue, but may be renewed for a like period upon the payment of a renewal fee of $2. The permit shall at all times be kept in the possession of a competent person actually engaged in the work and, upon demand, shall be exhibited to any properly authorized employee of the Board of Commissioners, county, state or police officer. Nothing shall prohibit the undertaking of emergency work without the formal issuance of a permit, provided that such permit application is filed during the next regular business day. No construction restoration, inspection or permit fee paid under this article shall be considered to be in lieu of any annual license charge or inspection fee now required to be paid or which at any time may be required to be paid by ordinance of the Township of Abington.
The filing of an application for the installation or construction of any facility in a public place shall constitute an agreement that the applicant will, upon notice from the Board of Commissioners and without expense to the Board of Commissioners, make such changes in the location of the facility as may be required because of any public improvement, existing or proposed.
The permittee shall determine the existence and location of existing facilities and avoid conflict with them. No facility owned by the township shall be moved to accommodate the permittee unless permission granted by the Board of Commissioners and the cost is borne by the permittee. The permittee shall support by the latest approved methods all facilities affected by the excavation work and do everything necessary to support, sustain and protect them under, over, along or across the work. In case any existing facility is damaged, it shall be repaired by the person owning it and all expenses of such repair shall be charged to the permittee. The permittee shall be responsible for any damage done to any public or private property by reason of the breaking of any existing facility.
A. 
During the performance of the work, traffic conditions shall be maintained as near normal as is practicable in order to cause as little inconvenience as possible to the occupants of the abutting property and to the general public. The Board of Commissioners may permit the closing of streets to all traffic if in its opinion extenuating circumstances warrant it and the permittee makes the request in writing to the Board of Commissioners.
B. 
All materials placed on, all openings or excavations made in or any obstructions created on or in any public place in the Township of Abington shall be properly marked from sunset to sunrise by red lights, red lanterns, reflectors, torches and/or electric flashers or other protective devices, so placed as to indicate from the roadway in both directions the exact location and limits of said work or obstruction. The work shall be at all times adequately guarded by suitable and sufficient fences, barricades, barriers, flags and warning signs or other protective devices to protect it from damage and the public from accident and unnecessary inconvenience.
C. 
Safe crossings for two lanes of vehicular traffic shall at all times be maintained where possible at street intersections, and safe crossing for pedestrians at intervals consistent with the general pattern of the area shall be excavation is made maintained and protected. If any excavation is made across any public place, at least one safe crossing shall be maintained when possible for vehicles and 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 said sidewalk line.
All excavation work shall be done in such a manner as not to interfere with access to fire hydrants, firehouses, manholes, valves and vital public properties and no materials shall be allowed to obstruct the flow of water in any gutter at any time.
[Amended 9-14-1972 by Ord. No. 1336]
The permittee shall make all restorations. All trenches and excavations shall conform to the regulations of the Department of Labor and Industry, Commonwealth of Pennsylvania, 1956 Edition, or any amendments thereto. In the event of failure or neglect by the permittee to perform and comply with the conditions and provisions of this article, the Board of Commissioners may stop the work on a project, direct the permittee by letter to take the necessary steps toward placing the work in condition to conform to the requirements of this article and then order the permittee to resume work until completion. If the permittee fails to comply or proceed until completion within 30 days of written notice, the Board of Commissioners may perform the necessary work and shall be reimbursed by the permittee for the costs thereof incurred by the township.
A. 
Tunneling. Any public place that is to be tunneled in connection with any work covered by this article shall be referred to in the application and specific approval therefor shall be obtained from the Board of Commissioners and endorsed on the permit. The backfilling shall be done in the presence of a township inspector. It shall be made with 1 to 3 to 5 damp concrete mix, thoroughly tamped in six-inch layers, or according to a method satisfactory to the Board of Commissioners.
B. 
Pavement breaking and excavation.
(1) 
Heavy-duty pavement breakers may be prohibited by the Board of Commissioners when their use endangers existing facilities.
(2) 
Cutting of pavement surface ahead of excavation may be required by the Board of Commissioners to confine pavement damage to the limits of the trench.
(3) 
The permittee shall use for the opening of the pavement only such mobile equipment as is equipped with pads or rubber tires to prevent damage to adjacent areas. All scars from bucket teeth, grousers, outriggers, etc., and all areas damaged by spillage or leakage of oils, petroleum products or other solvents shall be repaired as permanent restoration.
C. 
Backfilling excavation.
[Amended 7-12-1984 by Ord. No. 1572]
(1) 
All openings or excavations in the roadway, curb and gutter or sidewalk shall be backfilled to subgrade elevation with modified 2A aggregate in suitable layers that are thoroughly compacted by any acceptable method that will produce a density and stability equal to or greater than the adjacent area.
(2) 
All openings or excavations in a grass area shall be backfilled with suitable on-site or off-site material and be compacted in layers by any acceptable method that will produce a density and stability equal to or greater than the adjacent area. Large stones, frozen material, clods roots, debris, mud and saturated soil shall be unsuitable for backfill and shall be removed from the site. The top four inches of backfill in a grass area shall be topsoil.
D. 
Temporary paving.
(1) 
The permittee shall immediately place temporary paving on all disturbed areas. It shall consist of an eight-inch modified 2A aggregate base with a two-inch new bituminous concrete top, all thoroughly bound and compacted and installed flush with the surface of the adjacent pavement.
(2) 
The permittee shall keep and maintain such paving in proper condition for a minimum period of 30 days, after which the permanent paving may be installed. If the permittee fails to properly maintain the temporary paving, the Board of Commissioners may perform the necessary work and shall be reimbursed by the permittee.
E. 
Permanent paving. The permittee shall install the permanent paving after the temporary paving has been in place for a minimum period of 30 days but not more than a maximum period of 90 days. Pavement edges shall be cut back an additional one foot on each side of the opening, squared, trimmed to a vertical face and generally aligned with the center line of the roadway. If defects appear in the permanent paving within one year after its installation, the permittee shall completely remove and replace the defective work at the permittee's own cost and expense.
(1) 
Bituminous pavement. The base shall consist of eight inches of high early-strength concrete, properly finished, cured and protected. The top shall be two inches of ID-2 wearing course made with traprock aggregate only, thoroughly compacted and protected. The edges of the restoration shall be sealed with cutback asphalt.
(2) 
Concrete pavement. The edges of the opening shall be saw-cut to a depth of two inches and slightly undercut the adjacent pavement. Reinforcing and joints shall carry through the restoration. The paving shall be 10 inches of high early-strength concrete, properly finished, cured and protected.
(3) 
Unimproved pavement. The base shall consist of eight inches of modified 2A aggregate with two inches of new bituminous concrete top made with traprock aggregate only, all thoroughly bound and compacted.
F. 
Sidewalks. Sections of sidewalk shall be removed to the nearest expansion joint or to the nearest score line. The score lines shall be sawed or cut in a neat straight line. The sidewalk shall consist of four inches (six inches at driveways) three-thousand-pound air-entrained concrete, properly finished, cured and protected.
G. 
Curbs, combined curb and gutter.
(1) 
Curbs and combined curbs and gutters shall be replaced in full sections using approved forms and three-thousand-pound air-entrained concrete, properly finished, cured and protected.
(2) 
Where an improved curb is broken for constructing a driveway entrance, the full section of the curb shall be removed and replaced with a depressed curb.
(3) 
Where an improved combined curb and gutter is broken for constructing a driveway entrance, the full section of the curb shall be removed by making a vertical cut at the curb face and be replaced with a depressed curb.
(4) 
Partial sections of curb may be cut for installing roof drains, with the permittee restoring the surface of the curb to a condition equal to that existing before the work was performed.
H. 
Sod. Where the grass on an established lawn is destroyed by excavation, by storage of materials, by spillage of oils or chemicals or by any other reason relative to the work being done by the permittee, the permittee shall replace the same with cultivated sod.
I. 
Drill holes. Drill holes shall immediately be filled for the full depth with a stiff cement mortar thoroughly tamped and finished flush with the adjacent surface.
A. 
Every driveway connecting with any public place in the Township of Abington where there is no curb shall be so constructed or altered that the surface drainage shall not be blocked or diverted from the course of the gutter and that the surface drainage from such driveway shall flow into the gutter of said public place and not upon the roadbed thereof.
(1) 
Driveways shall be constructed across sidewalk areas at the grade of the actual sidewalk as existing or proposed, meeting the grade of the depressed curb. Curbs at driveways may be depressed to within two inches above the gutter.
(2) 
The driveway apron between the edge of the concrete sidewalk and the curb shall be of concrete six inches in thickness and shall not extend into the gutter area or beyond the face of the curb.
(3) 
No driveway shall exceed 35 feet in width at the curbline and no curbing shall be cut beyond the point of curve or tangent in a radius comer.
(4) 
Where two or more driveways are constructed for the same property, a safety island of not less than 10 feet shall be provided at the curb.
(5) 
Sidewalks shall not be depressed at driveways but may be sloped. Special entrances may be permitted where, in the opinion of the Board of Commissioners, they are necessary for the public safety and convenience.
[Amended 9-14-1972 by Ord. No. 1336]
B. 
Drains. No stormwater or roof drains shall be constructed or maintained which discharge water over or upon any sidewalk or which might cause undermining of the sidewalk, curb or road paving. Such drains shall be constructed under the sidewalk, discharging directly into the gutter, except that where the outlet is adjacent to a storm drain or inlet, connection may be made thereto. Property owners shall keep free of obstruction all such drains from within their property to the point of discharge.
No planting, trees, shrubbery, flowers, signs, posts, steps, walls, fences, gasoline pumps, oil tanks or like obstructions may be placed within the boundaries of any public place. Any such obstruction shall be promptly removed by the owner whenever written notice to remove such obstruction is given by the Board of Commissioners. If the owner fails to comply with such notice, the Board of Commissioners shall remove the obstruction and charge the cost thereof to the owner.
A. 
Any owner, person, firm, association or corporation who shall violate any of the provisions of this article or who shall fail to comply with the conditions or requirements of any permit granted in accordance with the provisions of this article shall, upon conviction thereof, be liable to pay a fine of $25 for each and every offense. A new and separate offense shall be deemed to have been committed for each day that said violation exists. All fines imposed by this article are recoverable by summary proceedings before any District Justice in the Township of Abington, and upon recovery thereof all such fines are to be paid into the treasury of the township.
B. 
In default of the payment of any fine imposed by any District Justice under the provisions of this article, the person or persons so offending may be committed to the jail, workhouse or other penal institution of Montgomery County for a period not exceeding 30 days.