It shall be unlawful for any person to open
or to make any excavation of any kind in the street or tunnel under
any street within the Township unless such person shall first have
obtained a permit from the Township as provided herein.
Any person who intends to make any openings
or excavation in any street or tunnel under any street within the
Township shall complete an application in writing to the Township
Zoning Officer for a permit. Such application shall be made on forms
furnished by the Township which, at a minimum, shall require the following
information:
A.
The name of the applicant.
B.
The exact location of the proposed opening, excavation
or tunneling.
C.
The size and depth of the proposed opening, excavation
or tunneling.
D.
The approximate times of starting and completing the
work.
E.
That the applicant, intending to be legally bound,
covenants and agrees that the proposed work shall be done in full
compliance with the ordinances of the Township and the laws of the
Commonwealth of Pennsylvania and the United States, in relation to
such work, and that the applicant shall save and keep harmless the
Township from and indemnify it against any and all actions, suits,
demands, payments, costs and charges for or by any reason whatsoever,
which might arise directly or indirectly from the proposed opening,
excavation or tunneling 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.
Each applicant, upon the submission of an application
for a permit, shall provide the Township with a certificate of acceptable
insurance indicating he is insured against claims for damages for
personal injury, as well as claims for property damage which may arise
from or out of the performance of the work, whether by himself, his
subcontractor, agent or anyone directly or indirectly employed by
him. Such insurance shall cover, but not be limited to, all work and
related activities, both aboveground and underground, collapse, explosive
hazards, all equipment in Pine Township and the operation thereof,
protection against liability arising while the work is being performed
and from completed operations. The amount of insurance shall be prescribed
by the Township Supervisors in accordance with the nature of the risk
and the size of the opening, excavation or tunneling involved; provided,
however, that the liability insurance for bodily injury in effect
shall not be less than $100,000 for each person and $300,000 for each
accident, and for property damages, not less than $50,000 for each
person, with an aggregate of $300,000 for all accidents. A public
utility may be relieved of the obligation of submitting such a certificate
if it submits satisfactory evidence that it is insured, or has adequate
provisions for self-insurance, in accordance with the requirements
of this article.
Before any permit shall be issued to open, excavate
or tunnel under any street within the Township, the applicant shall
pay to the Township Zoning Officer the application and inspection
fees which shall be established by and may be amended from time to
time by resolution of the Township Supervisors for the purpose of
defraying the actual administrative and inspection costs to the Township
administering this article.
A.
No permit shall be issued unless the applicant deposits
with the Township Secretary a surety bond written by a surety company
authorized to do business in the Commonwealth of Pennsylvania or a
certified check, to guarantee the restoration of the surface, drainage
and subsurface support of the opening, excavation, bore and tunnel.
The amount of said security shall be established by and may be amended
by resolution of the Township Supervisors. Said bond or amount of
the certified check, which shall be converted to cash and deposited
to the Township, shall be retained for one year after the date of
completion of the work to the Township specifications. Work performed
under this article will not be deemed to be completed until such work
is inspected and approved by an appropriate Township official, who
will thereupon issue a signed a and dated notice that the work has
been completed in accordance with Township specifications. In the
event that the restoration of the surface of the excavated street
is deemed to be improper, faulty, defective or not done at all, then,
in such case, the permit holder shall be given a written notice by
the Township Secretary to make such repairs or restoration as the
Township Engineer shall deem proper within a ten-calendar-day period.
Upon the failure of the permit holder to comply with the terms of
the notice, the Township Secretary is hereby authorized to have such
repairs or restoration immediately done and to charge the cost thereof,
plus 20% for administrative costs, to the permit holder. Any subsidence
or any other defect which can be attributed to improper restoration
within one year of the completion of the work shall be considered
to be the responsibility of the permit holder, and the permit holder
shall be required to correct the improper restoration as above set
forth. At the expiration of the one year, the Township shall return
or refund to the permit holder his bond, or amount of certified check
or that portion of the same to which the permit holder is entitled.
B.
A public utility shall be permitted to file a continuing
bond for street opening work done within the Township in such amount
and in such form as shall be deemed appropriate by the Township Supervisors.
The following shall apply to openings, excavations
and tunneling of streets, as specified:
A.
No opening or excavation in any street shall extend
from the curb or side line into the street a distance of greater than
one foot beyond the center line of the street before being properly
refilled and the surface of the street restored to a condition safe
and convenient for travel.
B.
No more than 300 feet longitudinally shall be open
in any street at any one time.
C.
Drainage, both surface and subsurface, and subsurface
support shall be restored to a condition at least as good as existed
prior to the opening, excavating or tunneling.
D.
Permission of all proper authorities in connection
with all subsurface lines or constructions in the area shall be obtained
prior to the commencement of opening, excavating and tunneling, and
such work shall be so conducted as not to interfere with or minimize
interference with water mains, gas mains, electrical conduits, telephone
conduits, sewers or their connections with buildings and all other
subsurface lines and constructions.
E.
No tunneling shall be allowed without the approval
of the Township Zoning Officer and permission therefor endorsed upon
the permit The backfilling of a tunnel or excavation shall be done
only in the presence of an inspector of the Township and shall be
done only in a method approved by him.
F.
All openings or excavations shall be backfilled promptly
in accordance with the specifications and standards of the Township
which shall be adopted, and may be amended from time to time, by resolution.
G.
On improved streets, when ordered installed by the
Township Zoning Officer, a temporary paving of suitable materials
thoroughly bound and compacted shall be installed by the applicant
flush with the surface of the adjoining paving.
H.
During the making of any excavation in any street,
every necessary and reasonable precaution shall be taken by the applicant,
and the parties making the same, to keep the streets in a safe and
passable condition during both day and night by guards, barriers,
lanterns and other devices as required by ordinances, laws and regulations.
I.
All opening and excavation permits are authorized
to be granted only under and subject to the express condition that
the person to whom the same is issued shall indemnify, save and keep
harmless the Township from any loss in damages and costs whatsoever
which may or shall be occasioned at any time by said opening or excavation,
and by any leak, explosion or other injury from any pipe, apparatus,
conduit and any other matter placed in said opening or excavation
and as a direct or indirect result of any action taken or not taken
in connection with the opening and excavation.
J.
The applicant shall notify the Township Secretary
when the opening or excavation is ready for backfilling and before
any backfilling is actually done. The Township Secretary shall thereupon
notify an appropriate Township official, who shall undertake inspection
duties as soon as possible.
K.
The applicant, upon completion of his work, shall
restore the surface of the street to as good a condition as it was
in before said work was commenced, and he shall notify the Township
Secretary when the restoration is completed.
In the case of any leak, explosion or other
accident to any subsurface pipe, line, construction or apparatus,
it shall be lawful for the person owning or responsible for the same
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 chapter 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 other apparatus,
the Township may proceed to do the work required by such emergency
and charge the same to such owner or person on the basis of cost thereof,
plus 20% for administrative costs.
Payment for any work done by or for the Township under the provisions of § 72-27 of this article shall be made by the person made liable therefor under the provisions hereof within 30 days after a bill is sent to such person by the Township. Failure to pay such charges as specified shall render them collectible by the Township in the manner provided by law.
In addition to all other legal and equitable
remedies available to Pine Township, any person found guilty of violating
the provisions of this article shall, upon conviction, for each and
every violation, pay a fine of $300. Each provision of this article
or rule or regulation adopted pursuant hereto and each day said violation
exists shall be deemed a separate violation, punishable upon conviction
by the same penalties. In addition, upon conviction, the defendant
shall be required to pay all costs of prosecution and enforcement
of this article which were incurred as a result of the defendant's
action or inaction. The penalties set forth in this section shall
be in addition to any other remedies available to the Township.
