Chapter 21 - Streets & Sidewalks









§101.   Definitions

§102.   Permit Required

§103.   Application Requirements

§104.   Issuance of Permit

§105.   Fees and Escrow

§106.   Emergency Conditions

§107.   Construction Requirements

§108.   Street Occupancy Requirements

§109.   Financial Security Required

§110.   Defective Backfilling

§111.   Notification of Proposed Street Paving

§112.   Moratorium Streets

§113.   Insurance Required

§114.   Dealing with Violations

§115.   Plan Must be Approved

§116.   Penalties

§117.   Dedication of Street Separate







§201.   Definitions

§202.   Driveway Regulations

§203.   Specifications

§204.   Compliance with Permit and Specifications

§205.   Permit Fees

§206.   Appeal from Engineer's Denial of Permit

§207.   Maintenance and Enforcement

§208.   Penalty for Violation




                                                                                    PART 3




§301.   Legislative Intent

§302.   Definitions

§303.   Prohibited Conduct

§304.   Penalties







§401.   Curb and Sidewalk May be Required

§402.   Sidewalks to be Kept Safe









The following words, when used in this Part, shall have the meaning ascribed to them in this Section, except in those instances where the context clearly indicates otherwise:


APPLICANT – any person who applies for a permit.


CODE ENFORCEMENT OFFICER – the Code Enforcement Officer of the Township or his authorized representative.


ENGINEER – the duly appointed Township Engineer of the Township or his authorized representative.


EXCAVATE – to cut, drill, grade, dig, scoop and remove earth or other material making up the surface or subsurface of any street.


MORATORIUM STREET – any street that has been reconstructed or resurfaced in the preceding five (5) year period.


OPEN – to cut, drill, dig or otherwise penetrate through the surface of any street.


PERMITTEE – the applicant, including facility owner and person completing work, to whom a permit to excavate has been granted by the Township in accordance with this Part. 


PERSON – any natural person, partnership, firm, association or corporation.


RIGHT-OF-WAY – The area which has been acquired by the Township for public transportation purposes.


STREET – any public street, avenue, road, square, alley, highway or other public place, including the right-of-way located in the Township and established for the use of vehicles.


STREET OCCUPANCY – The use of a right-of-way for construction or other purposes which requires partial or full closure of the street. 


            TOWNSHIP – the Township of Hampden, Cumberland County, Pennsylvania.



No person shall occupy, open or excavate in any streets in the Township without first securing a permit from the Township as hereinafter provided.





1.         Any person desiring to occupy, open or excavate in any street in the Township shall file an application with the Township on forms provided by the Township. Such application shall contain the following information:


A.          Name, address, and telephone number of the facility Owner and person performing work.


B.         Exact location of proposed opening and location.


C.        A plan showing the proposed location, depth and dimension of the excavation and the facilities to be installed, maintained, or repaired, location and depth of all utilities within the project area, and other details as the Township may require.


D.        Proposed dates and times commencing and completing work.


E.         Method and progression of performing work.


F.         Application fees and inspection escrow as required by §105.


G.        Financial security as required by §109.


H.        Evidence of insurance as required by §113.


I.          A traffic control plan to be approved by the Township.


J.          Such other information as the Township may deem pertinent.


2.         Such application shall contain a statement, which shall be subscribed to by the applicant, to the effect that the applicant will comply with all relevant ordinances of the Township (including this Part) and laws of the Commonwealth of Pennsylvania and that the applicant will protect and save harmless the Township in accordance with the provisions of §113 hereof.




Upon being satisfied that the application is in proper form and upon receipt from the applicant of the fee prescribed by §105 hereof, of the financial security prescribed by §109 hereof, and of the certificates of insurance prescribed by §113 hereof, the Township shall issue a permit.  Such permit shall apply only to the specific work described in the application, shall expire on the date and time when the work is proposed to be completed and may contain such conditions or limitations as the Township deems necessary for the protection of persons and property.  An extension of time beyond the expiration date may be granted upon payment of an additional fee as set forth from time to time by resolution of the Board of Commissioners.  This permit shall at all times be in the possession of a competent person actually on the work site and shall be shown at all times to any police officer or properly authorized officer or employee of the Township upon request.  The Township shall have the right to refuse to permit excavation during the period from November 1 to March 31.  All permits are subject to revocation at any time by the Township in the event of failure of the holder of such permit to comply with any of the conditions upon which the permit has been granted.





The application fee, time extension fee, and inspection escrow shall be in an amount established from time to time by resolution of Board of Commissioners, except as provided in §112 hereof.





In the case of any leak, explosion or other accident in any subsurface pipe, line, conduit, construction or apparatus, it shall be lawful for the person owning or responsible for such pipe, line, conduit construction or apparatus, to commence an opening or 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, conduit, construction or apparatus, the Township, after such notice as it shall deem necessary under the circumstances of the particular case, may proceed to have the work necessary and required by such emergency done and charge the cost thereof to such owner or person.






The following construction requirements shall apply to all openings or excavations in streets of the Township:


A.        Any excavation or opening, including test bores, shall be backfilled with PennDOT 2A coarse aggregate compacted in maximum six (6) inch layers if vibratory compaction equipment is used.  Aggregate shall be backfilled to a level not to exceed the existing pavement depth or to a level necessary to accommodate the required bituminous pavement trench restoration section.  The surface shall be restored to the same condition or better as it was before the excavation or opening.


B.         Unless otherwise set forth in this Part, all construction methods and material specifications shall be in accordance with Township specifications and Pennsylvania Department of Transportation Publication 408, as amended.


C.        No work shall begin until all utility companies having facilities in the area have been notified through the Pennsylvania One Call System (PA Act 287, as amended).  The work shall be conducted so as not to interfere with water mains, sewers or their connections with the house, or any other subsurface lines or construction until permission of the proper authorities in connection with such subsurface lines or construction shall have been obtained.  Any damage to such lines or construction shall be repaired immediately and shall be reported to the owner thereof.


D.        The surface shall conform to the proper grade and be of the same surface covering as the part of the street immediately adjoining the opening.


E.         The permittee shall be responsible to replace all pavement markings that are removed or damaged.


F.         Temporary paving shall be placed and maintained for a minimum of 30 days and a maximum of 180 days.  Temporary paving shall be thoroughly bound and compacted, installed flush with the surface of the adjoining paving.  Such temporary paving material shall consist of two (2) inches of Hot Mix Asphalt (HMA).  If HMA is not available, cold patch may be placed at the same depth but must be maintained and replaced with HMA immediately when it becomes available.  If the temporary cold patch is not repaired immediately upon notification by the Township of its substandard condition or HMA is not installed when available, the permitee shall be subject to fines as prescribed in §116.  Additionally the Township may take corrective actions to make repairs as determined necessary by the Township.  All costs for such repairs shall be reimbursed by the permitee.  All temporary pavement shall be removed from trenches prior to placement of the permanent paving base course.


G.        Whenever practicable, tunneling shall be used as a construction method in preference to disturbing the surface of the street, and the Township may so specify on the permit.  No tunneling shall be used unless the express direction or approval of the Township is endorsed on the permit.


H.        The use of steel plates to cover open excavation shall be prohibited at all times unless otherwise authorized in writing by the Township.


I.          Openings shall be made in the street surface by sawing to neat lines.  Excavated material shall be immediately placed in trucks and removed from the construction site.


J.          When restoring all openings or excavations, a minimum of one (1) foot cutbacks in existing pavement around the limits of the excavated area shall be made prior to placement of permanent paving.  The Township may require limits of cutbacks to exceed the one (1) foot cutback at its discretion as necessary to achieve satisfactory restoration in the best interest of the Township.  The bituminous pavement restoration shall consist of a minimum of five (5) inches of 25 mm superpave binder course and 1 ½ inches of 9.5 mm superpave wearing course.  The depth of superpave binder course shall be increased to match the existing depth of bituminous pavement if the overall depth exceeds 6 ½ inches.  All vertical surfaces shall be tacked and paving joints sealed with materials compatible with the superpave mix design.


K.        No opening or excavation in any street shall extend from the curb line into the street a distance greater than one (1) foot beyond the center line of the street before being backfilled and the surface of the highway restored to a condition safe and convenient for travel.


L.         No more than 50 feet longitudinally shall be opened in any street at any one time without prior approval of the Township.


M.        Monuments of concrete, iron or other lasting material set for the purpose of locating or preserving the lines of any street or property subdivision, or a precise survey reference point or a permanent survey bench mark with the Township shall not be removed or disturbed or caused to be removed or disturbed unless permission to do so is first obtained in writing from the Township.  Permission shall be granted only upon the condition that the permittee shall pay all expenses incidental to the proper replacement of the monument.


N.        When the work performed by the permittee interferes with the established drainage system of any street, adequate provision shall be made by the permittee to provide proper drainage to the satisfaction of the Township.


O.        The permittee shall notify the Township three (3) business days prior to the actual start of work to schedule an inspector and subsequently notify the Township prior to backfilling and prior to placing the permanent surface (if the surface has been disturbed) and shall not proceed with such work until the Township has inspected the same and given its approval thereof.  The Township may require the removal and replacement of any or all unobserved work.


P.         Every person to whom a permit is issued or by whom any opening or excavation is made shall take every necessary and reasonable precaution to keep the street in a safe and passable condition, both day and night, by the use of guards, barriers, lights and other devices.


Q.        Access to private driveways shall be provided at all times, even if access requires work to be stopped, unless written approval is received from affected property owner(s).


R.         Road closures are to be avoided to fullest extent possible and must be preapproved by the Township.  Any permittee wishing to close a Township street must submit a written request and a detour plan for approval no less than five (5) working days prior to the proposed closure.  Unrestricted access must be provided to public service vehicles and local property owners at all times.


S.         No equipment or materials shall be stored in the street outside working hours without prior approval from the Township.  Said approval may be withheld or rescinded by the Township for any reason.


T.         When warranted by sufficient disturbance of the road surface as determined by the Township, the Township may require the complete overlay of the road from curb to curb for the entire length of the street opening.  If there is less than 200 feet from edge to edge of separate street openings the Township may require overlay of the area between the openings.  If required, the overlay shall be completed in accordance with current Township standards.  The Township may require the road surface to be milled prior to completion of the overlay.





The following requirements shall apply to all occupancy of all streets of the Township:


A.        Unless stated otherwise in the section all traffic control activities are subject to the provisions of PennDOT Publication 213, as amended.


B.         Lane and road closure shall be limited to the times between 9 AM and 3 PM or 6 PM and 6 AM unless approved in writing by the Township.


C.        Traffic control and detour plans must be approved by the Township and keep onsite at all times.


D.        Access to traffic control signal is strictly limited to Township personnel.  If a traffic signal must be manually controlled, notice shall be given a minimum of one (1) full business day prior to the proposed start of work.


E.         A permit is not required for lane modification, however notice must be given and approval received from the Township one (1) business day before the start of any lane modification.





The applicant shall maintain the portion of the street disturbed by the opening or excavation for a period of one (1) year from the date the restoration is completed and accepted by the Township, at a proper grade and condition free from ridges and depressions.  Such maintenance work shall be done as often as may be necessary.  To guarantee proper restoration of the surface and proper maintenance of the disturbed area, the applicant shall deposit with the Township, prior to issuance of the permit, an approved financial security in an amount set by the Township guaranteeing the proper performance of the work and the proper maintenance of the disturbed area for the period of time required above.  Utilities and other persons who open or excavate in streets on a regular basis may, with the permission of the Township, keep on deposit a single financial security in an amount set by the Township and applying to the work included in all of the permits at any time outstanding.





If, within a period of one (1) year from the date the backfilling is completed, the Township determines that the backfilling, surface restoration or maintenance of the disturbed area is defective, it shall notify the applicant in writing to that effect.  Promptly upon receipt of such written notice, the applicant shall take immediate steps to correct such defects.  If the applicant fails to take immediate corrective action, the Township may perform the work itself or cause the same to be performed by another person.  The applicant and the surety on its financial security shall be liable for all costs and expenses incurred by the Township in correcting such defects and for any penalty assessed as a result of the applicant's failure to take immediate corrective action.





The Township 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, sewer or other connections, as well as any repairs thereto which would necessitate opening or excavation of the said street, within 90 days from the giving of such notice, unless such time is extended in writing by the Township.





The Township shall not issue any permit to excavate within five (5) years of resurfacing on any moratorium street.  If any person seeks to open or excavate in a street within five (5) years after the completion of new paving thereof for any other reason than an emergency as stated in §106, the applicant shall make written application to the Board of Commissioners, and a permit shall be issued only after express approval of the Board of Commissioners and only upon payment of a permit fee in an amount as established from time to time by resolution of the Board of Commissioners.  The Board of Commissioners may place additional conditions on a permit subject to approval.





1.         Every person to whom a permit is issued or by whom any opening or excavation is made shall assume all risks and be liable for all injuries or damages occasioned:


A.        By the opening or excavation of the street.


B.         By the failure to properly protect the same, backfill the same, restore the surface or maintain the surface.


C.        By any other action or inactions in connection therewith.


2.         Such person shall indemnify and save harmless the Township, its officials and employees of and from any such liability.  In addition, such person shall submit to the Township, at the time of applying for a permit, a certificate or certificates of insurance showing evidence of the coverages referenced below along with copies of the Additional Insured, Waiver of Subrogation, and Notice of Cancellation endorsements to the policies as specified.  Policy or policies shall afford insurance covering all operations, vehicles, and employees as follows:


A.        General Liability Insurance with limits of $1,000,000 per occurrence and $2,000,000 aggregate.  This insurance shall not contain an “Explosion, Collapse, and Underground” exclusion.  Hampden Township shall be named as additional insured on a primary and non-contributory basis.


B.         Workers Compensation Insurance with Employers Liability as required by Pennsylvania Statute.  This policy shall be endorsed with a Waiver of Subrogation in favor of Hampden Township.


C.        Business Automobile Liability Insurance with a $1,000,000 per accident combined single limit.


3.         In the event that the permittee is a private individual, the following proof of insurance shall be provided:


A.        Liability Insurance with a limit of at least $500,000 per occurrence, which may be provided by Homeowners, Renters, Farmowners, or other personal liability policy.  The limit may be provided by a combination of one of these policies and a Personal Umbrella Liability policy.


B.         Automobile Liability Insurance with a combined single limit of at least $500,000 per occurrence.





1.         In the event any person violates the provisions of this Part or the terms and conditions of any permit issued hereunder, the Township may:


A.        Order a cessation of the work.


B.         Order the performance of additional or corrective work by or on behalf of the applicant and at the applicant's expense.


C.        Revoke the permit.


D.        Institute such legal or equitable actions as may be appropriate.


E.         Institute an action for the imposition of a fine under §114 hereof.


F.         Take such other actions as may be deemed necessary under the circumstances.


2.         The above remedies may be pursued simultaneously or consecutively.  No person who has violated the provisions of this Part and has failed or refused to remedy such violation shall be eligible for the issuance of any other permit hereunder until such violation has been remedied.





No permit for opening or excavating in a street for the purpose of laying, constructing, extending or relocating a water line, gas line, sanitary sewer line, storm sewer line, electrical or communication cable or conduit or other similar facility shall be issued until a plan showing the proposed location thereof has been approved by the Board of Commissioners.  Such permit, when issued, shall require the applicant to furnish, upon completion of the work, "as built" plans showing the exact location of the facilities.  The furnishing of such plans shall be a condition of the financial security required under §109 hereof.



§116.   PENALTIES.


Any person, firm or corporation who shall violate any provision of this Part shall be, upon conviction thereof, sentenced to pay a fine of not more than $1,000 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 30 days.  Each day that a violation of this Part continues shall constitute a separate offense.








Neither the issuance of a permit hereunder nor the taking of any other actions hereunder shall be construed as an express or implied acceptance by the Township of the dedication of any street.


(Ord. 2019- 08, 06/27/2019)




















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