As used in this chapter, unless the context clearly indicates otherwise:
(a) “Applicant” means any person who makes application for a permit.
(b) “Emergency” means an unforeseen occurrence or combination of circumstances which calls for immediate action or remedy.
(c) “Engineer” means the Township Engineer or his or her authorized representative.
(d) “Pavement” means the combination of subbase, base course, and surface course placed on a subgrade to support the traffic load or to distribute it to the roadbed, or both.
(e) “Permit” means a street opening permit issued by the Township to an owner of a utility or facility located within a Township street right of way.
(f) “Permittee” means any person who has been issued a permit and has agreed to fulfill all the terms of this chapter.
(g) “Person” means a natural person, firm, partnership, association, corporation, authority, or political subdivision.
(h) “Street” means any and all streets, roads, highways, and alleys within or abutting the Township, for the full width thereof from property line to property line, including pavement, curbs, walks, lawns, and other facilities usually found within the right-of-way lines, provided, however, that State highways shall not be streets within the provisions of this chapter.
(i) “Street opening” or “street cut” means any and all work contemplated by Section 1020.02(a).
1020.02 PERMIT TERMS AND CONDITIONS
(a) Permit Required; Exceptions. It shall be unlawful for any person to make any street opening without first securing a permit therefor from the Township. However, any person maintaining existing pipes, lines, or underground conduits in or under the surface of any street may proceed with an excavation or opening without a permit when emergency circumstances demand that the work be done immediately for the preservation of the public health, safety, or welfare, provided that a permit could not be reasonably and practically obtained beforehand. Such person, however, shall thereafter apply for a permit on the first regular business day of the Township, and such permit shall be retroactive to the date when work began.
(b) Application; Fee; Bond or Deposit; Proof of Insurance; Notice. Any person desiring to open a street within the curb lines of a street, including the curbs or shoulder areas of such street, shall first make application to the Township for a permit to do such work, pay the permit fees, post the required bond or deposit, obtain and show proof of required insurance, and give notices as hereinafter required.
(c) Rights of the Permittee and Township. The granting of any street opening permit shall confer a right upon the permittee, subject to the terms and conditions of the permit, to temporarily occupy and use the street surface during the course of construction work covered by the permit, subject in every case to the specific right of the Township to require temporary or permanent relocation or removal of any of the facilities, entirely at the permittee’s expense, in the event such facilities are in conflict with the Township’s interest or the public interest in use of the street.
(d) Special Conditions. In granting any permit, the Township may attach such special conditions thereto as may be reasonably necessary to protect public and private property.
(e) Conditions of Acceptance. By accepting the permit, the applicant agrees to perform the work in accordance with the terms and conditions of the permit and with any special conditions which may be attached thereto, and to save the Township and its officers, employees and agents from any costs, damages, and liabilities which may result from the permitted work.
(f) Expiration; Extensions. Every permit issued under the provisions of this chapter shall expire on the date specified in the permit. If the permittee is unable to complete the work by the expiration date, he or she shall, prior to the expiration of the permit, present, in writing to the Township, an application in letter from for an extension of time, setting forth therein the reasons for the requested extension. A fee of five dollars ($5.00) shall accompany the application to defray the costs of processing and filing the application.
(1) All street opening permits are subject to revocation at any time by the Township, after written notice, for the following reasons:
(A) Violation of any condition of the permit.
(B) Violation of any provision of this chapter or any law relating to the work.
(C) The existence of any condition or the doing of any act constituting or creating a nuisance or endangering the lives or property of others.
(2) Written notice of such violations shall be served upon the person to whom the permit was granted, or his or her agent or employee engaged in the work. Such notice shall also contain a brief statement of the reasons for revoking such permit. Notice may be given by personal delivery thereof to the person to be notified or by United States mail, addressed to such person to be notified.
(3) Upon revocation of a permit, degradation and inspection fees will be refunded to the permittee for that portion of the work not begun.
(h) Denial. The Township may refuse the issuance of a street opening permit to an applicant if it is determined that the applicant is not qualified to perform the work, if the applicant does not comply with the bonding, insurance, and fee remittance requirements contained in this chapter, or if the applicant has a history of noncompliance with past street opening permits and/or this chapter.
1020.03 COMPLETION OF RESTORATION BY TOWNSHIP
Whenever final paving repairs are not completed to the satisfaction of the Township, the Township reserves the right, after notice to the permittee, to complete the work, including the removal of substandard work, and the permittee agrees to reimburse the Township the actual cost thereof, plus fifteen percent. The decision of the Township to exercise its right to have final paving repairs completed shall not revoke the permit, and all other responsibilities of the permittee shall remain in full force and effect.
1020.04 PERMIT APPLICATION
Any person intending to make a street opening shall make written application therefor to the Township on a form provided for that purpose. No work shall commence until the Township has approved the application and issued a permit, excepting emergency work as provided in Section 1020.02(a). Each application shall include an accurate drawing clearly showing the extent of the proposed street opening, the location and depth of subsurface facilities to be installed and, when required by the Township, the locations and depths of all other subsurface facilities in the vicinity of the work. A separate application must be submitted for each street opening, except where multiple street openings are required within a single block for a single project.
1020.05 FEES; DEPOSITS; BONDS; INSURANCE
An applicant shall pay a fee or fees, and may be required to make a deposit or provide a bond, and must produce certificates of insurance at the time of the issuance of the street opening permit, as follows:
(a) Fees. Fees for street opening permits shall be as follows:
(1) Basic Fee. A basic fee of fifty dollars ($50.00) shall be paid for every street opening permit issued.
(2) Degradation Fee. There shall be a degradation fee for the opening of streets which have been constructed, reconstructed, or resurfaced within three years prior to the date of application. The amount of the degradation fee shall be as provided in the following table:
Table I: Degradation Fees
Age of Constructed, Fee Per Square Reconstructed or Yard of Opening Resurfaced Pavement as Field Measured*
$15.00 – Less than one year
$10.00 – 1 year but less than 2
$ 5.00 – 2 years but less than 3
$ 0.00 – 3 years and older
* If the street opening is for an emergency repair, the degradation fee for opening pavements less than three years old shall be twenty percent of the fees provided in Table I.
(3) Inspection Fee. An applicant shall be required to pay for an inspection fee prior to the issuance of any street opening permit. The amount of this fee shall be based upon the total square yards of the street opening as set forth in Table II below:
Table II: Inspection Fees
Total Square Yards of Street Openings Fees
$ 5.00 – 0 to 2
$15.00 – 3 to 10
$25.00 – 10 to 25
$40.00 – 25 to 50
$60.00 – 50 to 100
$60.00 plus $1.00 per sq. yd. over 100 – Over 100
The amounts for the basic fee, the degradation fee, and the inspection fee may be amended from time to time by resolution of the Board of Commissioners.
(b) Bonds. All persons who desire to open a street, except contractors contracted by the Township, shall be required to furnish a properly executed corporate surety bond or a cashier’s check. Persons such as public utility companies who or which anticipate the opening of streets on a more frequent basis may provide bonding on a yearly basis. The value of the actual street openings, however, may not exceed seventy-five percent of the yearly bond amount. If the seventy-five percent figure is exceeded, the amount of the bonding shall be required to be increased accordingly. All such bonds shall be required to be in effect for the duration of the work and for the first 36 months thereafter.
The total amount of the bonding will be computed as five hundred dollars ($500.00) for openings up to ten square yards in size, plus thirty-five dollars ($35.00) per square yard for every square yard over ten.
(c) Certificates of Insurance: Liability. All applicants who desire to open a street within the curb lines or shoulder areas of such street shall be required to secure certificates of insurance. Proof of insurance shall be submitted in the form of certificates of insurance to the Township. The certificates of insurance shall be issued by insurance companies approved by the owner and admitted to do business in the State. Minimum amounts of insurance to be maintained are as follows:
General Liability – Bodily Injury Liability and Property Damage Liability
Combined Single Liability – $1,000,000.00
Aggregate Limit – $2,000,000.00
Contractor’s Protective Liability – Bodily Injury Liability and Property Damage Liability
Combined Single Liability – $1,000,000.00
Aggregate Limit – $2,000,000.00
Completed Operations – Bodily Injury Liability and Property Damage Liability
Combined Single Liability – $1,000,000.00
Aggregate Limit – $2,000,000.00
Contractor’s Automobile Liability – Bodily Injury Liability and Property Damage Liability
Combined Single Liability – $500,000.00
Worker’s Compensation and Employer’s Liability – Bodily Injury Liability and Property Damage Liability
Fire insurance with extended coverage under Builder’s Risk Completed Value Form shall be maintained by the owner in the name of the owner and contractor as their respective interests may appear, and inception date of such insurance shall be not later than the date of commencement of construction.
The applicant shall save and hold harmless the Township and its employees and agents from any and all damages and liability by reason of personal injury or property damage arising from the work done by the applicant under the provisions of this chapter. Furthermore, the Township and its employees and agents shall be named as additional insureds in the applicant’s certificates of insurance.
(a) The Township and/or its duly authorized representatives shall have access to the work at all times, and the permittee shall provide proper facilities for such access.
(b) The presence of Township employees or agents shall in no way relieve the permittee of the responsibilities included under the permit or this chapter or be of any warrant for the furnishing of bad materials or workmanship.
1020.07 CONSTRUCTION SPECIFICATIONS
(a) Scope. The work to be included under this section shall include all labor, materials, appliances and equipment necessary for excavating and restoring the openings in streets in the Township.
(b) Materials. Materials for street excavations shall be as follows:
Bedding Material (sanitary sewer laterals, sanitary sewer mains, and storm sewers) – AASHTO No. 57 or 67 coarse aggregate, free from clay, silt, vegetation, or other substances determined to be deleterious and in accordance with the most recent edition of PADOT Pub. 408, Section 703.2.
Excavation Backfill – PENNDOT2A coarse aggregate free from clay, silt, vegetation, or other substances determined to be deleterious and in accordance with the most recent edition of PADOT Pub. 408, Section 703.2.
Cement Concrete (for all street openings less than 100 linear feet) – Class H.E.S. cement concrete having a minimum 3-day compressive strength of 3,000 psi, a 28-day compressive strength of 3,750 psi, and in accordance with the most recent edition of PADOT Pub. 408, Section 704.
Bituminous Concrete Base Course (BCBC) – In accordance with the most recent edition of PADOT Pub. 408, Section 305.
Bituminous Binder Course, ID-2 – In accordance with the most recent edition of PADOT Pub. 408, Section 421.
Bituminous Wearing Course, FJ-1 – In accordance with the most recent edition of PADOT Pub. 408, Section 422.
Bituminous Wearing Course, ID-2 – In accordance with the most recent edition of PADOT Pub. 408, Section 420.
Bituminous Tack Coat – E-6 or E-8 bituminous bonding material In accordance with the most recent edition of PADOT Pub. 408, Section 460.
Reinforcement Steel – Grade 60 reinforcement steel in accordance with the most recent edition of PADOT Pub. 408, Section 709.
Bituminous Sealing Material – Hot bituminous material of the type and class designated for the wearing course utilized. The use of Class E-1, E-6, or E-8 emulsified asphalt will be permitted in place of the hot bituminous material.
(c) Excavation and Restoration Procedures
(1) Where excavations for new facilities or for repairs are to take place, the street pavement shall be sawcut to neat lines prior to excavation. Sawing shall be performed for the full depth of the pavement surface.
(2) If more than 100 linear feet of longitudinal or traverse openings, or both, are made in the pavement, the permittee shall be required to mill and resurface, from curb to curb, the roadway in which the openings have been made, for the entire length of the opening, plus two (2) feet at each end.
(3) If two (2) or more longitudinal or transverse openings have been made within 100 linear feet, or when four (4) or more emergency openings have been made within 100 linear feet within one (1) calendar year, the permittee shall be required to mill and resurface from curb to curb, the roadway in which the openings were made for the entire length between the openings, and including the openings plus two (2) feet at each end. (Specific requirements for pavement milling and resurfacing are incorporated by reference into this section and are available at the Township building during normal business hours.)
(4) All excavated material must be removed from and disposed of off-site in accordance with all local, State, and Federal regulations. A material suitable for bedding or insulation may be used for backfill around and over the facility to a height not to exceed one foot over the top of the facility, and shall be compacted to a minimum of 95% of the material’s dry weight density as determined in accordance with ASTM D698. The bedding and/or insulation material must be free from all vegetation, organic matter and frozen material. The remainder of the excavation shall be backfilled with PENNDOT No. 2A coarse aggregate. The coarse aggregate must be placed in maximum six-inch loose lifts and be thoroughly compacted to meet the following criteria. Lifts are to be mechanically compacted to 97% of the material’s maximum dry weight density as determined by ASTM-D698 (Standard Proctor). The final 6 inches shall be mechanically compacted to 100% of the Standard Proctor. At the discretion of the Township, each lift shall be tested, inspected, and approved by the Township Engineer. Payment for compaction testing and inspection shall be paid for by the permittee. Compaction shall be achieved utilizing approved pneumatic and/or vibratory equipment. If whackers or tampers are used in smaller excavations, the backfill layers shall not exceed a four-inch depth.
(5) Once the backfilling is completed, the existing pavement shall be sawcut full depth back one foot on all sides of the excavation. The excavated pavement shall be restored within six inches of H.E.S. cement concrete and one and one-half (1-1/2) inch of ID-2 wearing course. The finished surface of restored pavements shall be at an elevation of three-sixteenths of one inch higher than the adjacent existing pavement. The joint between new and existing asphalt pavements shall be sealed in accordance with PADOT Pub. 408, Section 401. The sawcut face of the existing pavement shall be cleaned and prepared with E-6 or E-8 tack coat prior to placement of bituminous materials.
(6) The permittee shall be responsible for erecting and maintaining traffic control and safety devices in accordance with PADOT Pub. 203.
(7) The permittee shall permanently repair all street openings immediately upon completion of the permitted work except when unfavorable weather conditions prevent the proper construction of such repairs. In such cases, the opening shall be repaired temporarily, but as soon as weather conditions permit, the permanent repairs shall be completed. For excavations undertaken between May 1 and the following October 31, all permanent repairs shall be completed within four weeks. For excavations undertaken between November 1 and the following April 30, all permanent repairs shall be completed no later than the following May 15.
(8) The permittee is responsible for providing a smooth riding surface and proper drainage at all times over the street opening, and the permittee shall make required repairs as directed by the Township.
(9) The permittee shall provide a three-year guarantee for all permanent repairs completed to streets within the Township If settling occurs or the pavement repair fails in any fashion during the three-year guarantee period, the permittee shall be required to immediately correct such deficiencies at no expense to the Township.
(10) The surface of the street shall be kept clear of all stones and debris at all times. Removal of debris shall be performed by sweeping or other methods as required.
Whoever violates any provisions of this chapter shall, upon conviction thereof, be sentenced to pay a fine of not less than one hundred dollars ($100.00), nor more than six hundred dollars ($600.00), and costs of prosecution, including reasonable attorney fees, and, in default of payment of such fine and costs, to imprisonment of not less than five days nor more than thirty days. Each violation of any provision of this chapter, and each day the same is continued, shall be deemed a separate offense.