[Adopted 7-1-1991 by Ord. No. 708]
A.
PERSON
RIGHT-OF-WAY
STREET
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:
Any natural person, partnership, firm, general contractor,
association, corporation or public utility company.
The legally established right-of-way of any dedicated or
adopted street or road and any right-of-way dedicated for public use,
including but not limited to utility easements, sanitary sewer easements
and access easements and stormwater management easements.
Any adopted public street, avenue, road, square, alley, highway
or other public place located in the Township of Butler and established
for the use of vehicles, including the entire legal right-of-way of
the street.
B.
In this article, the singular shall include the plural
and the masculine shall include the feminine and the neuter.
It shall be unlawful for any person to open
or to make any excavation of any kind in any of the streets or rights-of-way
in the Township of Butler without first securing a permit therefor,
as hereinafter provided.
Any person desiring to make any opening or excavation
in any of the streets or rights-of-way in the Township of Butler shall
make application to the Township Manager, in writing, upon blanks
furnished by the Township setting forth the name of the applicant,
the exact location of the proposed opening or excavation, and the
approximate width 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 ordinances of the Township and the laws of the commonwealth
in relation thereto, and that the applicant shall well and truly save,
defend and keep harmless the Township from and indemnify it 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 relating thereto, or by any leak, explosion
or other injury from any pipe, apparatus, conduit, or any other matter
placed in said excavation.
[Amended 10-5-1998 by Ord. No. 765]
A.
Before any permit shall be issued to open or excavate
in any street or rights-of-way in the Township, the applicant shall
pay to the Township Manager a permit fee as designated by resolution
of the Butler Township Board of Commissioners.[1]
[1]
Editor's Note: The fee schedule is on file
in the office of the Township Manager.
B.
All work pursuant to permit must be commenced within
60 days of issue and completed within 120 days of issue.
C.
Before any permit shall be issued, a bond in the amount
of 110% of the road restoration costs as determined by the Road Superintendent
in a form of security approved by the Township Manager or Solicitor
shall be posted with the Township Manager to ensure compliance with
the terms and conditions of the permit and this article. Bond is to
be for a period of 36 months.
All work done pursuant to a validly issued permit
shall comply with all rules, regulations, policies, specifications
and/or procedures approved from time to time by the Township.
Any person opening a street or right-of-way
shall assume all risks for the presence or proximity of pipes, wires,
poles, tracks, walls, buildings and other structures and property,
of every kind and description, in or over his trenches, or in the
vicinity of his work, whether above or below the surface of the ground;
and he shall be responsible for all damages and assume all expense
for direct or indirect damage, caused by his work, to any of them,
or injury to any person or property, whether such structures are or
are not shown on the drawings.
If within three years after the restoration
of the surface affected by the excavation or street opening, defects
shall appear in the restoration area, the applicant shall be responsible
for and shall reimburse the Township for the actual cost of all necessary
repairs to the permanent restoration.
The contractor shall be responsible for the
condition of all excavations made by him and the proper shoring and
bracing thereof. All slides and cave-ins shall be removed without
extra compensation, whenever and however they may occur.
All work in connection with openings in any
street or right-of-way, including but not limited to excavation protection,
refilling and temporary paving, shall be done by the applicant at
his sole expense, and such work shall be subject to the provisions
of this article and to the approval of the Township Commissioners
or such employee of the Township as it may from time to time designate
for that purpose, provided that the Board of Commissioners may require
that cutting the surface of improved streets and the backfilling of
all excavations therein shall be done by the Township, and the charge
therefor shall be paid by the applicant on the basis of actual cost
of the work.
No tunneling shall be permitted without the
express written approval of the Township Board of Commissioners or
its designee and permission therefor endorsed upon the permit. The
backfilling of a tunnel excavation shall be made only in the presence
of the Township Engineer or an inspector designated by the Township
and shall be done only in a method approved by the Township or its
designee. All costs of inspection and supervision shall be paid by
the applicant.
[Amended 10-5-1998 by Ord. No. 765]
Backfilling shall only be done after the Road
Superintendent is notified and, when completed by proper backfilling
in the case of unimproved streets and by temporary paving in the case
of improved streets, the Road Superintendent shall again be notified.
Work which is unsatisfactory to the Board of
Township Commissioners or an inspector designated by them shall be
corrected. In the event that the unsatisfactory work is not completed
within the time fixed by the Township Manager or his designee, the
Township may proceed to correct such unsatisfactory work or complete
any such work not completed, and charge the cost thereof 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 an 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.
No opening shall be made in any street, alley
or public place, or any permit issued therefor, during the months
of December, January, February or March in any year except in the
case of emergency or absolute necessity, and then only upon express
written authority of the Township Manager or his designee.
[Amended 10-5-1998 by Ord. No. 765]
Any person, whether principal, agent, or employee,
violating or assisting in the violation of any of the provisions of
this article shall, upon conviction, pay a fine of not less than $100
nor more than $600 and costs of prosecution and, in default of the
payment of such fine and costs of prosecution, shall be imprisoned
in the county jail for not more than 30 days, or both. Each day of
violation shall be considered a separate and distinct offense.
Any person who fails to obtain a permit or who
fails to properly conduct, replace or repair a street opening shall
pay all reasonable attorney's fees and costs incurred by Butler Township
to enforce the provisions of this article.
