[Adopted 7-3-1956 by Ord. No. 1956-9]
A. 
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 indicates otherwise:
MUNICIPAL AUTHORITY
Any governmental corporation created pursuant to the Commonwealth of Pennsylvania Authorities Act of 1945,[1] as amended.
[Added 5-14-2009 by Ord. No. 2009-03]
PERMITTEE
Any person who has been issued a permit and has agreed to fulfill all the provisions of this article.
[Added 5-14-2009 by Ord. No. 2009-03]
PERSON
Any natural person, partnership, firm, association or corporation.
PUBLIC UTILITY
Any utility company, excluding municipal authorities, licensed by the Public Utility Commission of the Commonwealth of Pennsylvania.
[Added 5-14-2009 by Ord. No. 2009-03]
STREET
Any public street, avenue, road, square, alley, highway or other public place located in the Township of Caln and established for the use of vehicles.
[1]
Editor's Note: See 53 Pa.C.S.A. § 5601 et seq.
B. 
In this article the singular shall include the plural and the masculine shall include the feminine and neuter.
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 Caln without first securing a permit therefor as hereinafter provided.
[Amended 7-8-1975 by Ord. No. 1975-11; 4-28-1977 by Ord. No. 1977-5; 7-29-2004 by Ord. No. 2004-23; 5-14-2009 by Ord. No. 2009-03; 2-8-2018 by Ord. No. 2018-03]
A. 
Any person, public utility or municipal authority who shall desire to make any opening or excavation in any of the streets in the Township shall file an application with the Township Department of Public Works. Such application shall be made upon forms to be furnished by the Township which shall include the name of the applicant, the exact location of the proposed opening or excavation, and the approximate size or depth thereof. The forms shall also contain the applicant's agreement that the work shall be done in full compliance with the ordinances of the Township and the laws of the commonwealth in relation thereto and that the applicant shall defend and indemnify the Township from and 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 therefrom or occurring in the prosecution of the work connected therewith, or from any other matter, cause or thing related thereto.
B. 
The Township's Public Works Department and the Caln Township Municipal Authority shall not be required to obtain a permit under this article for routine repair and/or replacement work associated with the existing infrastructure unless required by the Board of Commissioners. Further, any person or contractor performing work under contract with the Township and/or the Caln Township Municipal Authority shall obtain a permit if required by the Board of Commissioners.
C. 
The Township reserves the right to revoke any permit issued hereunder for any violations of the provisions of this article.
D. 
The permit application shall be accompanied by the required Pennsylvania One Call System notification serial number for the desired work. Failure to provide said serial number will result in permit denial.
E. 
The permit application shall be accompanied by a traffic control plan applicable to the work zone necessary for the excavation. The traffic control plan shall indicate the necessary signage required for the excavation and shall be developed in accordance with the current version of the Manual on Uniform Traffic Control Devices (MUTCD), PennDOT Publication 213, PennDOT Publication 408, and other applicable laws.
F. 
The permit application shall be accompanied by an escrow payment in an amount determined by resolution of the Board of Commissioners. The amount of escrow shall be sufficient to pay the expenses of repairing and restoring the street in accordance with this article. After the street has been properly repaired and restored in accordance with the conditions of this article, the Township shall release the escrow to the applicant. If the applicant fails to repair and restore the street in accordance with the conditions of this article, the Township may utilize the escrow funds and perform the same. Any additional costs incurred by the Township shall be paid for by the applicant.
[Amended 3-9-1971 by Ord. No. 1971-10; 7-8-1975 by Ord. No. 1975-11]
Before any permit shall be issued to open or excavate any street in the Township, the applicant shall pay a permit fee to the Township, which fee shall be as established or amended from time to time by resolution of the Board of Commissioners.
[Amended 3-9-1971 by Ord. No. 1971-10; 4-28-1977 by Ord. No. 1977-5; 7-29-2004 by Ord. No. 2004-23]
Any person who shall open or excavate any street in the Township shall thoroughly and completely refill the opening or excavation and attain proper compaction so as to prevent any settling thereafter, in the manner provided in § 134-20 of this article. If, within 18 months after the restoration of the surface as herein provided, defects shall appear therein resulting from defective backfilling, concrete and blacktop placement by the applicant, the applicant shall reimburse the Township for the costs of all necessary repairs to the permanent paving.
[Amended 7-8-1975 by Ord. No. 1975-11; 7-29-2004 by Ord. No. 2004-23; 2-8-2018 by Ord. No. 2018-03]
All work in connection with openings in any street, including excavation, protection, refilling and temporary paving, shall be done by the applicant at his expense and all such work shall be subject to the provisions of this article and to the supervision and approval of the Township’s Director of Public Works or his designee.
[Amended 3-9-1971 by Ord. No. 1971-10; 7-29-2004 by Ord. No. 2004-23; 5-14-2009 by Ord. No. 2009-03]
A. 
The Township Director of Public Works, or his designee, shall inspect all excavations conducted on any street within the Township. When the reasonable safety and convenience of the public is in jeopardy, the Township Director of Public Works, or his designee, shall have the authority to change the requirements of this section at will.
[Amended 2-8-2018 by Ord. No. 2018-03]
B. 
The applicant shall provide notice to the Township Director of Public Works, or his designee, at least 24 hours prior to starting any work under a right-of-way permit. In the event timely notice is not given to the Township Director of Public Works, or his designee, the person performing the work shall reexcavate the repair at his own cost for the necessary inspections.
[Amended 2-8-2018 by Ord. No. 2018-03]
C. 
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 traveling. No more than 200 feet longitudinally shall be opened in any street at any one time, and during excavation, at least one lane of the road must be open to vehicle traffic at all times unless the Township Director of Public Works, or his designee, officially closes said roadway to through traffic. Access to private properties adjacent to the excavation shall be maintained for emergency vehicle traffic at all times.
[Amended 2-8-2018 by Ord. No. 2018-03]
D. 
All openings and excavations shall be properly backfilled at the end of each workday. In the event conditions warrant the use of steel plates as a temporary measure, the Township Director of Public Works, or his designee, may permit the use of steel plates for a limited time period.
[Amended 2-8-2018 by Ord. No. 2018-03]
E. 
The work of excavation shall be conducted so as not to interfere with the water mains, sewers or their connections until permission of the proper authorities in connection with such subsurface lines or constructions shall have been obtained. The applicant shall be responsible for any and all damages which may be incurred by the failure to protect any and all underground facilities.
F. 
No tunneling shall be allowed without the express approval of the Township Director of Public Works, or his designee, whose permission must be endorsed upon a right-of-way permit. The backfilling of a tunnel excavation shall be made only in the presence of the Township Director of Public Works, or his designee, and shall be done only in a manner approved by him. Prior to excavation, proper warnings signs must be installed in accordance with Pennsylvania Department of Transportation Publication 408 and Publication 213.
[Amended 2-8-2018 by Ord. No. 2018-03]
G. 
All road openings or excavations shall be backfilled using 2A modified stone compacted in six-inch lifts for the entire trench up to a distance of six inches from finished grade. The remaining six inches shall consist of 4 1/2 inches of superpave HMA base course, PG 64-22, less than 0.3 million ESALS, 25 mm mix and 1 1/2 inches of superpave HMA wearing course, PG 64-22, less than 0.3 million ESALS, 9.5 mm mix, unless otherwise directed by the Township Director of Public Works, or his designee. All joints must be sealed in accordance with the latest version of Publication 408.
[Amended 2-8-2018 by Ord. No. 2018-03]
H. 
During the making of any excavation in any street, every necessary and reasonable precaution shall be taken by the permittee and the parties making the same to keep the street in a safe and passable condition both day and night by guards, barriers, lanterns and other devices. All excavating permits are granted 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 or otherwise whatsoever which may or shall be occasioned at any time by said excavation or by any leak, explosion or other injury from any pipe apparatus, conduit or any other matter in or placed in the said excavation.
I. 
The permittee and/or his contractor shall remove all excavated materials from the site and dispose of such materials at the permittee's sole expense. At no time shall the permittee and/or his contractor deposit excavated material within the Township rights-of-way.
J. 
In the event that any work performed by or for a permit holder shall, in the opinion of the Township Director of Public Works, or his designee, be unsatisfactory and the same shall not be corrected in accordance with his instructions within the time fixed by him, or in the event that the work for which the permit was granted is not completed within the time fixed, the Township may proceed to correct such unsatisfactory work or complete any such work not completed and charge the cost thereof plus 20% to the applicant.
[Amended 2-8-2018 by Ord. No. 2018-03]
K. 
In the event the applicant's work may interrupt and/or hinder the Fire Department's ability to provide adequate fire protection in the vicinity of the excavation, the applicant must notify the County of Chester's Fire Board at least 24 hours prior to an opening of a street that will cause said interruption.
L. 
No permit to open or break the surface of any street, alley or highway shall be issued between December 1 and March 1 except in cases of emergency. The final determination of an emergency situation shall be made by the Township.
M. 
For openings on state highways the applicant shall coordinate all work with the Township and Caln Township municipal authority prior to proceeding with said work.
N. 
The use of dynamite or other explosives is prohibited.
O. 
No attachments or openings shall be made on any bridge or culvert.
P. 
Mats or protective pads must be used to protect the pavement from steel traveling pads of equipment and any other piece of the equipment (i.e. bucket, outrigger, etc.). Damages to pavement or curbs will be the responsibility of the applicant, and repair of said damage shall be assessed and assigned by the Township Director of Public Works, or his designee, to the permittee.
[Amended 2-8-2018 by Ord. No. 2018-03]
Q. 
The trench perimeter must be shouldered a minimum of 12 inches to offer proper support for newly installed fill. All irregular road openings must be properly squared.
R. 
Prior to making the final restoration, the permittee shall saw cut one foot from each edge of the trench, in a neat, straight line, to the bottom elevation of the existing base course, and the detached material shall be removed and properly disposed.
S. 
When traffic lanes of a street are overlayed, the edge of the overlayed traffic lane shall be milled to a depth of 1 1/2 inches for the entire length of the overlayed area in order to ensure a smooth joint with proper elevation and cross section. Traffic lane or pavement markings that are covered, removed or destroyed by any opening or overlay shall be restored by the permittee.
T. 
All areas of the street which are excavated shall be restored according to the following requirements:
(1) 
Perpendicular excavation: a perpendicular street excavation for installation of a utility service line to a new or existing residence or business from a new or existing main utility line.
(a) 
Restoration requirements: The excavation area shall be milled and overlay applied to a width of three feet beyond the trench edge. If the excavation is within three feet of the center line of the road, the entire lane shall be paved.
(2) 
Longitudinal excavation: a longitudinal street excavation for installation of a water main, sewer main or other longitudinally located utilities.
(a) 
Restoration requirements: The excavation area shall be milled and overlay applied to a full lane width. If excavation is within three feet of the center line of the road, full roadway width paving is required.
(3) 
Miscellaneous surface penetrations: any single core borings, bore holes or other small excavations.
(a) 
Restoration requirements: Full depth paving restoration is required for a minimum of two feet beyond the boring or excavation. If the boring or excavation penetrates below the existing pavement, the area below the paving shall be filled with Type A or Type B flowable backfill or an alternative fill material approved by the Township Director of Public Works, or his designee. Excavation shall be milled and overlay applied to three feet beyond excavation. If excavation is within three feet of the center line of the road, full width paving is required.
[Amended 2-8-2018 by Ord. No. 2018-03]
(4) 
Miscellaneous surface penetrations: two or more core borings, bore holes or other small excavations within a one-hundred foot road segment:
(a) 
Restoration requirements: full lane width restoration. If excavation is within three feet of the center line of the road, full roadway width paving is required.
[Amended 7-8-1975 by Ord. No. 1975-11; 7-29-2004 by Ord. No. 2004-23; 5-14-2009 by Ord. No. 2009-03; 2-8-2018 by Ord. No. 2018-03]
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 article 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 Township Director of Public Works, or his designee, after such notice as he shall deem necessary under the circumstances of the particular case, shall direct Township personnel and/or a third-party contractor to do the work necessary and required by such emergency and charge the same on the basis of cost plus 20% to such owner, person and/or permittee.
[Amended 7-8-1975 by Ord. No. 1975-11; 7-29-2004 by Ord. No. 2004-23; 5-14-2009 by Ord. No. 2009-03; 2-8-2018 by Ord. No. 2018-03]
The Township Secretary shall give timely notice to all public utility companies operating in the Township, and all such persons and utility companies shall make all water, gas and/or sewer connections as well as any repairs thereto which would necessitate excavation of said street within 30 days from the giving of such notice unless such time is extended, in writing, for cause shown by the Township Director of Public Works, or his designee. The method of said notification is to be determined by the Township.
[Amended 5-14-2009 by Ord. No. 2009-03; 2-8-2018 by Ord. No. 2018-03]
No new utility line, including but not limited to water, sewer and gas mains, shall hereafter be laid or constructed, and no existing water, sewer or gas main shall be extended in any of the streets of the Township until the exact location thereof and the plan therefor shall have been first approved by the Township Director of Public Works, or his designee. In the event a permittee desires to relocate and/or replace an existing utility, the existing utility shall be removed from the right-of-way unless otherwise directed by the Township Director of Public Works, or his designee.
Payments for all work done by the Township under the provisions hereof shall be made by the person liable therefor under the provisions hereof within 30 days after a bill therefor is sent to such person by the Township. Upon failure to pay such charges within such time, the same shall be collectible by the Township in the manner provided by law for the collection of municipal claims or liens.
The provisions of this article shall not apply to the laying of sidewalk or curbs nor to the planting of poles.
[Amended 7-8-1975 by Ord. No. 1975-11]
Any person who shall violate any provisions of this article shall, upon summary conviction before an issuing authority having jurisdiction thereof, be punishable by a fine of not more than $300 and costs of such proceedings and, upon default of payment of such fine and costs, by imprisonment in the county jail for a term of not more than 30 days. The continuation of such violation for each successive day shall constitute a separate offense, and the person or persons allowing or permitting the continuation of the violation may be punished as provided above for each separate offense.