[Adopted 7-15-1981 by Ord. No. 1000]
The following words and terms used herein shall
have the following meanings:
The area within the right-of-way lines of any Township highway
and any highway constructed in accordance with plans and specifications
approved by the Township, and also such portion of any state or county
highway as may be located between the curbs or the edge of the paving
and the right-of-way lines thereof.
Any individual, firm, corporation, association or partnership.
[Amended 10-20-1992 by Ord. No. 92-17]
It shall be unlawful for any person or persons,
firm, association or corporation to open or break the surface of the
ground within the boundaries of any public highway, road, street,
avenue, public lane, public alley, sidewalk or footpath for the purpose
of installing pipes, sewers, drains or conduits of any description,
for making connections therewith or repairs thereto or for the setting
or planting of telephone, electric light or other poles or for repairs
thereto or renewals thereof or to break the surface of any improved
sidewalk or curb for the purpose of building any driveway apron across
the same or for any other purpose without first obtaining from said
Township Council a permit therefor before such work is begun and complying
with the other requirements herein specified. It shall also be unlawful
for any person or persons, firm, association or corporation to install
or reinstall curbing or excavate without first obtaining a permit
from the Bristol Township Office of Licenses, Zoning and Inspections.
[Amended 10-20-1992 by Ord. No. 92-17]
Before such a permit is issued and said work
begun, a written application on a blank form, to be furnished for
that purpose by said Township Council, must be filed with the Office
of Licenses, Zoning and Inspections, setting forth the purpose for
which said highway, road, street, avenue, public lane, public alley,
sidewalk or footpath is to be opened, excavated or occupied and the
location of said proposed work, and in such application the applicant
shall agree to assume all liability for all or any damages to person
or property accruing to the public or to said Township which may or
might result from the opening, excavating or occupying of said highway,
road, street, avenue, public lands, public alley, sidewalk or footpath.
In case of necessity for emergency opening, a permit must be obtained
within 72 hours after start of the work.
[Amended 10-20-1992 by Ord. No. 92-17]
Said application must be signed and filed, together
with a bond payable to the Township, in the amount required by the
Township, but not less than $1,000, with surety approved by the Township,
conditioned to save the Township from loss or damage to its property
and conditioned to indemnify the Township against any and all claims,
demands, suits or actions for damages sustained to persons or property
by reason of anything done in pursuance of the permit. Where the applicant
is an individual residential lot and homeowner and said home is used
for his primary residence, the bond requirements may be waived where
the reasonable cost of the work to be performed does not exceed $500.
Furthermore, the applicant shall, if required, file with the Township
a certificate showing that the applicant has obtained from a reputable
company a policy of insurance with limits of $50,000/$100,000 for
public liability and $25,000 for property damage against any claim,
demand or action for damages either to person or to property and against
any loss by reason of any suit, action, claim, payment or demand made
by anyone by reason of anything done by the applicant in pursuance
of said permit. Public service corporations, municipal corporations,
political subdivisions and other public entities may be exempted from
filing said bond and producing evidence of liability insurance upon
the filing of a sufficient agreement and covenant with the Township,
indemnifying it from all losses by reason of any suit, action, claim,
payment or demand and specifically from losses for failure to make
adequate repairs and replacements in accordance with standards and
conditions set by the Bristol Township Engineer.
[Amended 10-20-1992 by Ord. No. 92-17]
At the time of the filing of the application,
the applicant shall in addition to the permit fee hereinafter required,
pay fees for the following construction and inspection activities
and other operations, as set from time to time by resolution or ordinance
of the Township Council.[1]
A.
Unimproved surface. For openings and excavations in
an unimproved surface, there shall be an inspection fee for each 100
square feet, or fraction thereof, in excess of the first 100 square
feet, for which no inspection fee will be charged.
B.
Improved surface. For each opening or excavation in
an improved surface, there shall be a repaving and inspection fee
for each square foot, or fraction thereof. There shall be a minimum
charge for any opening or excavation in an improved surface.
C.
Poles. For the erection of poles in new locations,
there shall be an inspection fee for each pole. No fee will be charged,
however, where a pole is installed merely as a replacement of a pole
previously erected.
D.
Curbs. A construction and inspection fee shall be
charged equal to the actual cost of the work done by the Office of
Licenses, Zoning and Inspections for resetting curbs, making cuts
in curbs for roof drains and installing new curbs. Where curbs are
set or reset by the permittee there shall be an inspection fee as
set by regulation and all work must conform to standards set by the
Township Engineer.
E.
Closing road to traffic. For closing a road to traffic,
there shall be an inspection fee for each hour for the first 24 hours
and for each day or fraction thereof subsequent to the first 24 hours.
F.
Occupying permit area. For occupying the permit area
with building or construction materials or carrying on other operations
therein, there shall be a fee for the first 24 hours and a fee for
each day thereafter.
G.
Special inspections. For special inspections, there
shall be a fee for each hour, or fraction thereof, of the time the
Township Inspector is engaged in such work.
H.
Traffic handling. There shall be a service charge
for each hour, or fraction thereof, of the time each police officer
is engaged in traffic handling requiring services of Township police.
A.
Upon the filing of the application and the certificate
of insurance where required and the payment of the fee or fees hereinabove
required and, in addition, the payment of a permit fee, as set from
time to time by resolution or ordinance of the Township Council, the
Office of Licenses, Zoning and Inspections shall issue a permit, which,
unless stated to be for a shorter period, shall be good for 30 days
and may be renewed for a like period upon payment of a renewal fee.
The permit shall at all times be kept in the possession of a competent
person actually engaged on the work and upon demand shall be exhibited
to any police officer or duly authorized employee of the Township,
county or state.
[Amended 10-20-1992 by Ord. No. 92-17]
B.
The filing of an application for the installation
or repairing of pipes, sewers, drains, conduits, sidewalks, curbs,
driveways and driveway aprons within the right-of-way area and similar
structures or for erecting or replacing poles shall constitute an
agreement that the applicant will, upon notice from and without expense
to the Township, make such changes in the location thereof as may
be required by the Township Engineer.
C.
No permit fee paid under this article shall be considered
to be in lieu of any annual license fee required to be paid or which
may at any time be required to be paid by ordinance of the Township
of Bristol.
All work performed hereunder shall be subject
to the inspection and approval of the Township Engineer. Whenever
the Township Engineer shall consider it necessary or advisable, he
shall appoint a special Township inspector to inspect the work as
it progresses. All such work shall conform to the following requirements:
A.
Commencement of work. All work shall be undertaken
within the time specified in the permit, or within 24 hours after
receipt of the permit where no time for commencement is specified,
and shall be performed diligently and continuously until completed.
B.
Closing permit area to traffic. In no case shall a
permit area or any part thereof be closed to traffic without the written
consent of the Township Engineer.
C.
Tunneling under an improved surface. Whenever, in
connection with any work covered by this article, a tunnel is to be
made under an improved surface, this fact shall be disclosed in the
application. Before a tunnel is excavated, specific approval must
be obtained from the Township and endorsed upon the permit. The backfilling
of the excavation shall not be done except in the presence of a special
Township inspector. It shall be made with a 2 R.C. modified stone,
thoroughly tamped in four-inch layers or according to a similar method
approved by the Township Engineer.
D.
Backfilling excavations. All openings or excavations
shall be backfilled promptly with 2 R.C. modified stone (excavated
materials shall not be used for backfill unless approved, in writing,
by the Township Engineer); thoroughly compacted in layers, each of
which shall not exceed four inches in depth; and shall be tamped to
within 10 inches of the surface or backfilled according to a similar
method approved by the Township Engineer. Puddling or jetting shall
not be used unless approved, in writing, by the Township Engineer.
E.
Sidewalks and gutters. Sidewalks, gutters, paving
and other improvements shall be restored by the applicant to a condition
equal to or better than that existing before the opening or excavation
was made and in accordance with the Township plans and specifications
for these items.
F.
Temporary paving. A temporary paving of modified stone
materials, thoroughly bound and compacted and covered with compacted
asphaltic concrete (cold patch), shall be installed flush with the
surface of the adjoining paving. The applicant shall keep and maintain
such paving in proper condition until such time as the permanent paving
is installed. If the applicant fails to install such temporary paving
within a reasonable time after completion of the improvement or fails
to properly maintain such paving, the Township shall perform the work
and charge the cost thereof to the applicant.
G.
Permanent paving. Permanent paving shall be installed
within a reasonable period of time after installation of the temporary
paving but not sooner than 90 days after completion of the backfilling
operation. If, within one year after the installation of the permanent
paving, defects appear therein resulting from defective backfilling
by the applicant, the applicant shall reimburse the Township for the
cost of all necessary repairs to the permanent paving. (A one-year
maintenance bond secured by sufficient surety to be used to make any
necessary repairs to the area of newly installed permanent paving
may be required at the determination of the Township Engineer.)
H.
The surface of an improved curb may be broken or cut
down to within two inches of the gutter, but no sidewalk shall be
depressed or sloped at driveways for driveway purposes.
A.
Lines and grades. The Township Engineer shall furnish
information as to lines and grades for the new construction of sidewalks,
curbs, drains and driveway aprons within a permit area. Repair and
replacement shall be in accordance with requirements of the Office
of Licenses, Zoning and Inspections based on standards set by the
Township Engineer. No work shall be performed therein which does not
conform with such lines and grades.
[Amended 10-20-1992 by Ord. No. 92-17]
C.
Driveways. Driveways shall be constructed across the
permit area at the grade of the sidewalk and meet the grade of the
curb. Curbs may be depressed no less than one inch and no more than
two inches above the surface of the road. Sidewalks shall be continued
across driveways. Driveway aprons shall meet sidewalks level as near
as possible but shall not vary vertically by more than plus or minus
1/4 inch.
D.
Drains. No storm, roof, swimming pool, sump, air-conditioning,
driveway, parking lot, gasoline or service station, used car lot,
car wash or other drain shall be constructed or maintained which discharges
water over or upon any sidewalk. Where required by the Office of Licenses,
Zoning and Inspections in accordance with standards of the Township
Engineer, such drains shall extend to a storm drainage facility. The
Office of Licenses, Zoning and Inspections, at the direction of the
Township Engineer, may require drainage facilities to be installed
by the property owner to accommodate any of the above water sources
which discharge over or upon the permit area. Such drains shall be
constructed under the sidewalk. Where the outlet of a drain is adjacent
to a storm sewer, connection shall be made thereto. Waste from sinks
or cesspools and foul or offensive drainage shall not be discharged
upon any highway or into storm drains.
[Amended 10-20-1992 by Ord. No. 92-17]
E.
Pipes. Property owners shall keep free of obstructions
all existing gutter pipes under driveways which receive or carry water
within a permit area. No permits will be issued for replacement or
new installations of gutter pipes under driveways.
F.
Specifications and regulations. All work performed
within a permit area shall conform to the Township specifications
and regulations on file in the Office of Licenses, Zoning and Inspections.
[Amended 10-20-1992 by Ord. No. 92-17]
[Amended 10-20-1992 by Ord. No. 92-17]
All measurements required to be made in applying
the above fees shall be made by the Office of Licenses, Zoning and
Inspections, and shall include any enlargement of openings which may
be required to be made as an incident of the repair of such paving.
It shall be the duty of the applicant to furnish
to the traveling public suitable protection surrounding the location
of all openings, excavations, stored materials and buildings or other
structures within the permit area by means of suitable flags and barricades,
supplemented, where necessary, by yellow flashing lights, which shall
be kept operative from sunset to sunrise or to provide such other
means of protection, including one or more flagmen to direct traffic,
as may be required by the Township Engineer.
[Amended 10-20-1992 by Ord. No. 92-17]
The filing of an application by a public service
corporation and the issuance of a permit for installing water or gas
pipe or conduit for electric wires or for the erection of an electric
light, telephone or any other pole shall constitute an agreement on
the part of the applicant that it will at any time thereafter, upon
notice from the Office of Licenses, Zoning and Inspections, at its
own expense, make such change in location or construction of such
pipe, conduit or pole as may be required.
[Amended 10-20-1992 by Ord. No. 92-17]
All telephone, electric light and similar poles
erected within the boundaries of any public highway, road, street,
avenue, public lane or public alley in the Township of Bristol 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 Bristol, shall be filed with the Office of Licenses,
Zoning and Inspections.
No paper, trash, rubbish, ashes, junk, waste
or discarded materials of any kind shall be thrown, deposited or dumped
in any ditch or gutter or any public highway, road, street, avenue,
lane, alley, sidewalk or footpath, nor on any public place, in the
Township of Bristol.
No building or construction materials or facilities
for building construction shall be permitted to occupy any area within
an improved road surface or obstruct any sidewalk so that free passage
of not less than four feet in width shall be maintained at all times
nor shall such materials be permitted to be placed within 25 feet
of any fire hydrant or be mixed upon an improved surface or left within
the permit area after the expiration of the permit.
No gasoline pumps, oil tanks, walls, fences,
posts, stones, planting, shrubbery or similar obstructions shall be
placed within the permit area. Any such obstructions shall be removed
promptly by the property owner, whenever written notice to remove
the same is give by the Township Engineer. If the owner fails to comply
with such notice, the Township shall remove the obstruction and charge
the cost thereof to the owner.
The standards and specifications for constructing
sidewalk, curb and gutter paving; penetration macadam, bituminous
concrete and cement concrete street paving; sanitary sewers and stormwater
sewers in the Township of Bristol shall be those approved by the Township
Engineer.
[Added 10-20-1992 by Ord. No. 92-17]
Any person who shall violate any provision of
this article shall, upon conviction thereof, be subject to a fine
not to exceed $1,000, plus costs of prosecution, and, in default thereof,
shall be imprisoned for a term not to exceed 30 days.
