Part 1
Street Excavations
§21-101 Definitions and Interpretation.
The following words, when used in this Part, shall have the meanings ascribed to them in this Section, except in those instances where the context clearly indicates otherwise:
Excavation–any activity within the right-of-way of any street, alley or cartway which involves cutting breaking or disturbing the surface thereof. In this Part the term “opening” shall have essentially the same meaning as excavation.
Person–any natural person partnership, firm, association, corporation or municipal authority.
Street–any public street, avenue, road, square, alley, highway, or other public place located in Wolf Township and established for the use of vehicles, but shall not include State highways.
(Ord. 2011-05, 9/12/2011, Art. I)
§21-102 Permit Required to Make Opening or Excavation.
It shall be unlawful for any person to make any excavation of any kind in any of the streets in Wolf Township without first securing a permit therefore, as hereinafter provided.
(Ord. 2011-05, 9/12/2011, Art. I)
§21-103 Application for Permit.
Any person who shall desire to make any opening or excavation in any of the streets in Wolf Township shall make application to the Township Secretary in writing for that purpose. Such application shall be made upon blanks to be furnished by the Township and shall be set forth in the name of the applicant, the exact location of the proposed opening or excavation, and the approximate size 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 Wolf 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.
(Ord. 2011-05, 9/12/2011, Art. I)
§21-104 Permit Fee.
Before any permit shall be issued to open or excavate any street in the Township the applicant shall pay a permit fee in the amount fixed according to a schedule established pursuant to resolution. When application shall be made to open or excavate any longitudinal opening or excavation in excess of 10 feet, before any permit shall be issued so as to open or excavate, the applicant shall pay in addition to such minimum fee, an additional fee at the rate, for each 100 feet or fraction thereof to be opened or excavated upon such street, pursuant to the fee schedule.
(Ord. 2011-05, 9/12/2011, Art. I)
§21-105 Issuance of Permits Restricted.
Permits shall be issued only to persons furnishing public utility services or the owner or owners of the real property adjoining the location where such opening or excavation is to be made.
(Ord. 2011-05, 9/12/2011, Art. I)
§21-106 Information Contained on Permit.
Any permit issued hereunder shall specify the exact location where the opening or excavation is to be made, the approximate permitted size and depth thereof and the time within which the work for which the permit is granted is to be completed. No new utility line may be placed within 5 feet of an existing utility line without the prior written permission of the owner of the existing utility line. The written permission must be submitted with the permit application.
(Ord. 2011-05, 9/12/2011, Art. I; as amended by Ord. 2018-02, 9/10/2018, §1(C))
§21-107 Permit Approval/Disapproval.
A permit may be issued to the applicant after all the requirements therefore have been met. If the application is disapproved, written notice of disapproval together with reasons therefore shall be given to the applicant.
(Ord. 2011-05, 9/12/2011, Art. I)
§21-108 Responsibilities to Contact Utilities.
The work authorized by the permit is subject to all the provisions of the Act of December 10, 1974, P.L. 852, No. 287, as amended or supplemented from time to time. It shall be the permitee’s responsibility to contact the utilities that have recorded their facilities in compliance with said Act.
(Ord. 2011-05, 9/12/2011, Art. I)
§21-109 Refilling of Opening or Excavation; Restoration of Surface; Responsibility for Defects Occurring Within 2 Years.
Any person who shall open or excavate any street in the Township shall thoroughly and completely refill the opening or excavation in such a manner as to prevent any settling thereafter, and shall restore the surface to the same condition as it was before the opening or excavation, and such restoration shall be in accordance with the specifications of the Department of Transportation of the Commonwealth of Pennsylvania which are hereby adopted as specifications of Wolf Township for restoration of surfaces of streets in the Township. As restored, the surface of the street shall conform to the proper grade and be of the same surface covering as the part of the thoroughfare immediately adjoining the opening. If within 2 years after the restoration of the surface as herein provided, defects shall appear therein resulting from defective backfilling or restoration by the applicant, the applicant shall reimburse the Township for the cost of all necessary repairs.
(Ord. 2011-05, 9/12/2011, Art. I)
§21-110 Responsibility of Permit Holder for Certain Work; Right of Township to Do Certain Work; Charges Therefore.
All other work in connection with openings in any street, including excavation, protection, refilling and temporary paving, shall be done by or for the person to whom or for which the permit has been issued at his or its expense, and all such work shall be subject to the provisions of this Part and to the supervision and approval of the Road Master, provided that the Road Master may, if he deems it necessary to the proper performance of the work, require that cutting of the surface of streets and the backfilling of all excavations therein shall be done by the Township, in which event the applicant shall pay the actual cost of the work performed by the Township.
(Ord. 2011-05, 9/12/2011, Art. I)
§21-111 Requirements for Work; Correction of Unsatisfactory Work; Completion of Incomplete Work.
1. No opening or excavation in any street shall extend from the curb line or cartway a distance greater than 1 foot beyond the center line of the street before being refilled and the surface of the street being restored to a condition safe and convenient for travel.
2. No more than 500 feet longitudinally shall be opened in any street at any one time.
3. The work of excavation shall be so conducted as not to interfere with the water mains, sewers or their connections with the houses, or any other subsurface lines or constructions, until permission of the proper authorities in connection with such subsurface lines or constructions shall have been obtained.
4. No tunneling shall be allowed without the express approval of the Road Master and permission therefore endorsed upon the permit. The backfilling of a tunnel excavation shall be made only in the presence of Road Master or an inspector designated by him, and shall be done only in a method approved by him.
5. All openings or excavations shall be backfilled promptly with modified 2A stones and thoroughly compacted in layers, each of which layers shall not exceed 8 inches in depth. Backfilling shall be placed to within 10 inches of the surface.
6. A temporary paving of coldpatch premix, thoroughly bound and compacted, shall be installed flush with the surface of the adjoining paving or surface and maintained for a period of 90 days.
7. On concrete base streets, such base shall be replaced with concrete and the minimum size of the opening or excavation shall be 16 square feet.
8. During the making of any excavation in the street, every necessary and reasonable precaution shall be taken by the applicant 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, and all excavation permitted hereunder is 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 the said excavation, or by any leak, explosion or other injury from any pipe, apparatus, conduit or any other matter placed in the said excavation.
9. The applicant shall notify the Road Master when the opening or excavation is ready for backfilling before any backfilling is done, when backfilling the work is completed, when the temporary paving has been installed and when the street has been permanently restored so that inspection may be made.
10. In the event that any work performed by or for a permit holder shall, in the opinion of the Road Master 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 by the Road Master, 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.
(Ord. 2011-05, 9/12/2011, Art. I)
§21-112 Emergency Openings.
In the case of a 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 Part 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 Road Master after such notice as he shall deem necessary under the circumstances of the particular case, may proceed to do the work necessary and required by such emergency, and charge the same on the basis of cost plus 20% to such owner or person.
(Ord. 2011-05, 9/12/2011, Art. I)
§21-113 Restrictions Regarding Trees and Shrubbery.
The permission herein granted does not confer upon the permitee or its contractors the right to cut, remove or destroy trees or shrubbery within the legal right-of-way except under specifications, regulations and conditions as the Township may prescribe.
(Ord. 2011-05, 9/12/2011, Art. I)
§21-114 Work Necessitating Opening or Excavating to Be Done Prior to Street Improvement and Not until 5 Years Thereafter; Exception.
The Road Master shall give timely notice to all persons owning property abutting on any street within the Township about to be paved or improved, and to all public utility companies operating in the Township, and all such persons and utility companies shall make all water, gas or sewer connections, as well as any repairs thereto which would necessitate excavation of the said street within 30 days from the giving of such notice, unless such time is extended in writing for cause shown by the Road Master. New paving shall not be opened or excavated for a period of 5 years after the completion thereof, except in the case of emergency, the existence of which emergency and the necessity for the opening or excavating of such paving to be determined by the Road Master. If it is sought to excavate upon or open a sewer within 5 years after completion of the paving, applicant shall make written application to the Township Supervisors, and a permit for such opening shall be issued only after express approval of the Township Supervisors.
(Ord. 2011-05, 9/12/2011, Art. I)
§21-115 Permitee Responsibilities for Future Relocation of Work.
If at any time in the future the roadway is widened, reconstructed or the alignment or grades are changed, the permitee further agrees to change or relocate all or part of the structures covered by this permit which interfere with the improvement of the roadway at its own cost and expense.
(Ord. 2011-05, 9/12/2011, Art. I)
§21-116 Conditions for Laying and Extending Utility Lines.
No new water, sewer, steam or gas main or electric, telephone or other utility line shall hereafter be laid or constructed, and no such existing main or line shall be extended, in any of the streets of the Township until the plan therefore shall have been first filed with the Road Master and such plan, and the exact location of such main or line, approved by him. The Road Master shall not approve the locating of any such main or line at a depth of less than 30 inches from the surface of the street unless he shall be convinced that locating the same at a depth of more than 30 inches from the surface is impractical.
(Ord. 2011-05, 9/12/2011, Art. I)
§21-117 Bond Requirement.
No person, firm or corporation shall dig up any street or alley without first giving to the Township a bond with some acceptable trust or surety in the sum determined by the schedule of fees, conditioned for the faithful performance of these provisions and also for any and all damages, claims, demands, suits, costs and counsel fees occasioned or arising from the digging up, opening or closing of said streets and alleys.
(Ord. 2011-05, 9/12/2011, Art. I)
§21-118 Payment for Work Done by Wolf Township.
Payment for all work done by the Township shall be made by the person made liable therefore under this Part within 30 days after a bill therefore 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 by an action in assumpsit or in the manner provided by law for the collection of municipal claims.
(Ord. 2011-05, 9/12/2011, Art. I)
§21-119 Penalties.
Any person, firm or corporation who shall violate any provision of this Part shall, upon conviction thereof, be sentenced to pay a fine of not more than $600; and in default of payment, to imprisonment for a term not to exceed 90 days. Every day that a violation of this Part continues shall constitute a separate offense.
(Ord. 2011-05, 9/12/2011, Art. I)