[Ord. No. 07-14-22[1]]
1. 
The following words and phrases, when used in this Part, shall have the meanings indicated, unless a different meaning clearly appears from the context:
APPLICATION FOR A ROAD OCCUPANCY PERMIT
A form provided to the utility by the Township, noting pertinent data for the purposes of inspection and control by the Township.
DRIVEWAY
Any private road or means of entry or exit adjacent to or abutting a Township road intended or available for access to a Township road.
INSPECTION
A careful or critical investigation not necessarily confined to optical observation but is understood to embrace tests and examination for the purpose of ascertaining quality and compliance as prescribed in this Part and discovering and correcting errors.
PERSON
Individual, partnership, corporation, municipal corporation, or authority, or any utility public or private.
PLAN
Plan of work showing dimensions such as location of facility or intended facility requiring opening or disturbing road, width of traveled roadway, right-of-way lines, and dimension to nearest intersecting road; and, where required for purposes of this Part, profile of grades, depths of materials, utility poles, cuts and fills, and obstacles and structures inhibiting observation.
ROAD or ROADWAYS
Any road, street, alley, curb, sidewalk, berm, or way accepted by Township.
TOWNSHIP
Township of Logan, in Blair County, Pennsylvania.
UNIT OF DISTURBANCE
Measurement of disturbance within the Township right-of-way. Each separate cut is considered one unit of disturbance. See fee schedule[2] for unit cost. Maximum disturbance length is 100 feet per one unit.
UTILITY RELOCATON
Includes the adjustment, replacement or relocation of utility facilities as required by a street construction or repaving project such as removing or reinstalling the facility, acquiring the necessary rights-of-way, moving or rearranging existing facilities, changing the type of facility and any necessary safety and protective measures. It shall also mean the construction of a replacement facility functionally equal to the existing facility, where necessary, for the continuous operation of the utility service, the project economy or sequence of street construction.
WORK
Work required or performed in opening, constructing, tunneling, excavating, disturbing, altering, or modifying a Township road.
[2]
Editor's Note: See Ch. 1, Part 3, Schedule of Fees.
[1]
Editor's Note: This Part also superseded former Part 1, Street Excavations, adopted by Ord. No. 6-6-74, as amended.
[Ord. No. 07-14-22]
A permit must first be obtained before any opening can be made in any road, cartway, sidewalk or tree lawn in the Township. Any excavations and cuttings in these areas are classified as a pavement cut.
[Ord. No. 07-14-22]
1. 
In accordance with the provisions of Section 2322 of Article XI of the Second Class Township Code,[1] as amended, no railroad or street railway shall hereafter be constructed on any Township road, nor shall any railroad or street railway crossing, nor any gas pipe, water pipe, electric conduits, cable TV or other piping, be laid upon or in nor shall any telephone, telegraph, or electric light or power poles, or any coal tipples or any other obstructions be erected upon or in any portion of a Township road except under such conditions, restrictions, and regulations relating to the installation and maintenance thereof, as may be prescribed in road occupancy permits granted by the Township for such purpose.
[1]
Editor's Note: See 53 P.S. § 67322.
2. 
The application for a permit shall be on a form prescribed by the Township and shall be accompanied by:
A. 
A fee in accordance with the current fee schedule[2] for road occupancy permit as determined by the Township.
[2]
Editor's Note: See Ch. 1, Part 3, Schedule of Fees.
B. 
A sketch showing such dimensions as location of the intended facility, width of the traveled roadway, right-of-way lines and the distance to the nearest intersecting public street, road or highway.
3. 
A permit shall be issued to the applicant after all the aforementioned requirements have been filed and reviewed by an approved Township representative and all applicable fees have been paid.
4. 
Upon completion of the work, the applicant shall give written notice thereof to the Township.
5. 
Upon completion of the work authorized by the permit, the Township approved representative shall inspect the work and, when necessary, enforce compliance with the conditions, restrictions and regulations prescribed by the permit. Where any settlement or defect in the work occurs, if the applicant shall fail to rectify any such settlement or other defect within 30 days after written notice from the Township to do so, the Township may do the work or an authorized contractor selected by the Township and the Township shall impose upon the applicant the costs thereof, together with an additional 20% of such costs for administrative fees. In addition to that inspection, the Township or its representative may reinspect the work not more than two years after its completion, and if any settlement of the road surface or other defects appears in the work contrary to the conditions, restrictions and regulations of the Township, it may enforce compliance therewith.
6. 
The Township reserves the right not to issue a permit to cut the road surface for a period of three years after a road is paved. In the event that the applicant requests a permit within three years after a road is paved, the Township may require that the applicant employ means other than cutting the road surface (i.e., boring, digging, etc.) to install utility services which pass under the road.
[Ord. No. 07-14-22]
The Township or its authorized representative shall inspect all cuts, backfilling, pavement restoration and curb/sidewalk restoration work that occurs within the Township's right-of-way. An inspection fee per unit of disturbance shall be charged for this inspection. (See fee schedule.[1]) Accepting payment of such fees shall result in an inspection of work performed by the contractor, but it is understood that such acceptance does not relieve the utility of any responsibility under this Part throughout the guaranty period.
[1]
Editor's Note: See Ch. 1, Part 3, Schedule of Fees.
[Ord. No. 07-14-22]
In the event of any emergency in which a main, conduit or utility facility in or under any street breaks, bursts or otherwise is in such condition as to immediately endanger the property, life, health or safety of any individual, the person owning or controlling such main, conduit or utility facility, without first applying for and obtaining an excavation permit hereunder, shall immediately take proper emergency measures to cure or remedy the dangerous conditions for the protection of property, life, health and safety of individuals. However, such person owning or controlling such facility shall apply for a road occupancy permit no later than the end of the next succeeding day during which the Township office is open for business.
[Ord. No. 07-14-22]
Any work done without a permit shall be subject to a penalty fee, plus regular road occupancy permit fees per occurrence. See approved fee schedule.[1]
[1]
Editor's Note: See Ch. 1, Part 3, Schedule of Fees.
[Ord. No. 07-14-22]
The applicant shall protect, defend, indemnify, and save harmless the Township, its officers and/or agents thereof from all claims, suits, actions and proceedings of every nature and description which may be brought against the Township, its officers, or agents thereof, for or on account of any injuries or damages to persons or public or private property because of any materials or appurtenances used in the work, by or on account of improper materials or workmanship, or for or on account of any accident or any other act, negligence, or omission of said applicant, his agents, servants, or employees, and the Township shall not, in any way, be liable therefor during the period of the work progress and the one-and-one-half-year guarantee period following completion and acceptance of work by the Township. Minimum insurance shall be:
1. 
Liability per individual: $500,000, with a limit of $1,000,000 for each occurrence per bodily injury.
2. 
Liability for property damage: $500,000.
3. 
Evidence of insurance in the form of a certificate or letter executed by a duly authorized representative of the applicant's insurance carrier shall be submitted to the Township each January 15. Said evidence of insurance must include the provisions that the Township be given at least 30 days' advance notice of any cancellation or any material alteration in the applicant's policy. Any certificate of insurance submitted to the Township must name the Township as an additional insured on a primary and noncontributory basis.
[Ord. No. 07-14-22]
During the progress of work, the applicant shall provide such barricades, warning signs, and flag persons to prevent injury to the public and/or adjoining tenants. Minimum precautions must include, but should not be limited to, advance warning signs on all approaches to the work. All precautions shall be in accordance with 67 Pa. Code Chapter 212 and material and construction requirements outlined in Section 901 of PennDOT current specifications, as amended. Compliance is also required with all applicable safety standards of the Occupational and Safety Health Act (OSHA), as amended. When required, the applicant shall comply with material and construction requirements of Section 902 of PennDOT Current Specifications for Maintenance and Protection During Temporary Suspension of work.
[Ord. No. 07-14-22]
Contact 911 Center (non-emergency) for any road closure. No road is to be closed more than 24 hours without notifying the Township Highway Department.
[Ord. No. 07-14-22]
For small area pavement cuts, the utility or contractor shall be required to complete the temporary restoration within 48 consecutive hours of the initial cut during the normal working week, excluding holidays and weekends. Time extensions may be allowed upon written request to the Township, provided the applicant justifies sufficient cause for the time extension. Work on long cuts (25 feet or greater in length) shall proceed in a continuous manner in accordance with standard safety provisions. Permits for long cuts or capital improvements will not be granted during the months of November through March, except upon written approval by the Township. Long cuts and capital improvements must be complete before November 1 or a penalty per day will apply. See fee schedule.[1] The utility or contractor shall coordinate planned cuts in Township streets with the paving programs of the Township. A construction schedule comprising planned cuts shall be submitted to the Township as soon as it becomes available. The Township will provide a paving program to the utilities as soon as it is available and/or decided upon.
[1]
Editor's Note: See Ch. 1, Part 3, Schedule of Fees.
[Ord. No. 07-14-22]
1. 
Cold or hot mix shall be installed immediately after the work is performed in roadway, sidewalk, curb and berm. Note: Berm restoration with same type of material as to previous conditions.
2. 
Maintain temporary restoration in a condition satisfactory to the Township approved by the Township representative. The Township will give the applicant verbal notice and 24 hours to repair any unsatisfactory conditions if the applicant fails to rectify a defect which presents an immediate or imminent safety or health problem. The Township or its agents may do the work and impose upon the applicant the cost thereof, together with an additional 20% of the cost.
3. 
Thirty days after substantial completion, permanent restoration must be completed.
[Ord. No. 07-14-22]
Any person opening or disturbing any road shall comply with the requirements of this section.
1. 
Where macadam is disturbed, the excavation or opening shall be made by a clean cut with a diamond wheel or similar instrument. Openings shall be saw cut back 12 inches from the limit of the trench or depression, whichever is greater. If edge of cut is within 24 inches of roadway edge remove existing asphalt to berm. Distance measured will be after your twelve-inch finish cut.
2. 
Any person opening or disturbing any road shall backfill any resulting excavation with Type 2A aggregate as specified in Pennsylvania Department of Transportation Publication 408, Section 703.2(c), Table C. Backfill shall be limestone or shall demonstrate a dry weight in pounds per cubic feet equivalent to or greater than limestone. Compaction of the aggregate shall be in lifts of no more than six inches. Backfill shall be placed and compacted to within 6 1/2 inches of the existing road grade.
3. 
Five inches of SuperPave asphalt mixture base course shall be placed over the backfill in accordance with the Pennsylvania Department of Transportation Publication 408 (latest edition) Section 313 shall conform to the most recent calculation methodology available from PennDOT. Unless otherwise directed, the design shall be HMA base course, PG 64-22, 0.3 to <3.0 million ESALS, 25 mm mix.
4. 
One and one-half inches of SuperPave asphalt mixture wearing course shall be placed over the base course (see Subsection 3 above) in accordance with the Pennsylvania Department of Transportation Publication 408, Section 410, and shall conform to the most recent calculations methodology available from PennDOT. Unless otherwise directed, the design shall be HMA wearing course, PG 64-22, 0.3 to <3.0 million ESALS, 9.5 mm mix, SRL-G or approved equal. The wearing course of top coat shall conform to the existing road and edges. The connecting joint or road edges will be a clean saw cut or a three feet tapered milled edge. Curb to curb restoration will require a six feet tapered milled edge.
5. 
The joints at all road openings shall be cleaned and sealed in accordance with the Pennsylvania Department of Transportation Publication 408, Section 469. Joint sealer shall be PG 64-22 or approved equal.
6. 
If more than two cross cuts are made in a road that are less than 40 feet apart, contractor must complete a full depth restoration (one-and-one-half-inch wearing course over five-inch base course), curb to curb or full roadway width. If more than two cross cuts are made in a road that are greater than 40 feet but less than 100 feet apart, contractor must install a one-and-one-half inch wearing course, curb to curb or full roadway width. Overlay will extend 10 feet past cuts. This is required regardless of when of by whom the previous opening was made.
7. 
In order to avoid a "checkerboard" effect, when a street opening is within 40 feet of another street opening, the openings shall be tied together, pavement material removed, and a rectangular full lane restoration provided. When cuts cross the center line, full road width restoration is required. This tie-in is required regardless of when or by whom the previous opening was made.
8. 
Longitudinal openings within 40 feet of one another shall be repaired continuously, beginning 10 feet before the first opening and ending 10 feet past the last longitudinal opening consistent with full lane requirements. This tie-in is required regardless of when or by whom the previous opening was made.
9. 
When a longitudinal opening longer than 100 linear feet is made in the pavement, the entire lane width shall require full lane restoration. If cut crosses over road center line, full roadway restoration is required. Beginning 10 feet before the opening and ending 10 feet after.
10. 
All openings shall be rectangular, and a transverse opening shall be at a ninety-degree angle to the curb. All restorations cut that are within 24 inches of the road edge must remove the adjoining piece and be fully restored. The restoration work will be organized as to lane configurations and consideration will be given to crown or other drainage considerations as to the placement of the opening and the restoration work.
[Ord. No. 07-14-22]
1. 
Where the removal of a portion of a curb, sidewalk, or curb and gutter is required to perform work, the curb, sidewalk, or gutter shall be restored as follows:
A. 
Asphalt sidewalks shall be a minimum of 2 1/2 inches of 9.5 mm Superpave Wearing Coarse or the thickness of the adjacent material, whichever is greater, and a minimum of four inches at driveways.
B. 
Asphalt curbs shall meet the requirements of PennDOT Publication 408 Specifications (latest edition), Section 636. The minimum allowable length of a replaced curb shall be four feet. Hand-formed bituminous curb shall have a finished minimum height of four inches above the road surface or match the height of adjacent curb, whichever is greater. All bituminous curb must be thoroughly and uniformly compacted by either mechanical or by hand compaction methods. Compaction must be deemed satisfactory by the Township or its representative.
C. 
Concrete sidewalks shall meet the requirements of PennDOT Publication 408 Specifications (latest edition), Section 676. The minimum allowable length of a replaced concrete shall be four feet or one section.
D. 
Concrete curbs shall meet the requirements of PennDOT Publication 408 Specifications (latest edition), Section 630. The minimum allowable length of a replaced curb shall be four feet.
E. 
Stone curbs shall be replaced in kind. A minimum length of replaced curbs shall be four feet.
F. 
Where curbing and/or sidewalks are composed of other materials (brick, pavers, granite, flagstone, etc.), every attempt should be made to save the original materials and replace them during restoration.
G. 
If, as a result of the openings, the drainage system is disturbed, then restoration will be required so that the existing drainage system is repaired and functioning. The drainage system includes but not limited to existing grades, curbs, inlets, conveyance pipes, and green infrastructure.
[Ord. No. 07-14-22]
1. 
Pavement shall be considered new for a period of three years from the date of complete placement of the new pavement.
2. 
Whenever any utility or contractor shall make cuts in new pavement for purposes of replacing a main line on a street or part thereof or for purposes of making improvements or improving or upgrading or repairing an existing system, or when any utility or contractor shall, for any purposes, make a cut or cuts in new pavement totaling 90 square feet or more within any block of less than 300 feet in the Township, then the utility or contractor shall be required to backfill and permanently restore, refinish, mill and repave the entire width of said street from curb to curb for the entire length of the block or blocks of said street or streets where there is located any pavement cut or parts thereof with said backfilling and restoring, refinishing, milling, and repaving to be done. (The purpose of this provision is to encourage utilities to replace their main lines and make capital improvements or improve or upgrade their systems prior to new repaving so as to prevent subsequent cutting of new pavement.)
[Ord. No. 07-14-22]
When cuts are made in two separate roads, regardless of the distance between the cuts, they are viewed as separate cuts and the contractor is not required to complete restoration between cuts, unless the cuts are done for the same utility. However, when one cut impacts two separate roads and another cut is less than 40 feet away, contractor must complete full depth restoration one-and-one-half-inch wearing course over five-inch base course) between the cuts. Overlay will extend 10 feet past cuts. This is required regardless of when or by whom the previous opening was made.
[Ord. No. 07-14-22]
In the event a cut is made and, upon inspection, damage to another utility's underground facilities is discovered, it shall be the responsibility of the party making the cut to contact PA One-Call and all concerned pertinent utilities to instruct them to have representatives inspect the condition before any backfilling is begun.
[Ord. No. 07-14-22]
The utility and/or its contractor must replace, in kind, all pavement markings damaged or removed by pavement cuts and work incident thereto. All markings must be replaced within five days after permanent restoration. Should the contractor fail to replace the same, the municipality shall contract to have the necessary repairs made and bill the utility for the costs of the work, plus a 20% penalty.
[Ord. No. 07-14-22]
Electronic traffic control devices and ancillary equipment damaged or removed because of pavement excavation or work incident thereto must be replaced by the utility or its contractor, in kind, in whole or in part, as required by the municipality. The municipality shall contract to have the necessary repairs made and bill the utility for the costs of the work, plus a 20% penalty.
[Ord. No. 07-14-22]
All property pins or survey control monuments damaged or altered as a result of the contractor's work shall be replaced at the contractor's expense by a registered Pennsylvania professional land surveyor (PLS).
[Ord. No. 07-14-22]
The Township of Logan provides by this Part for the laying, renewing and repairing of all gas, water or other pipes or conduits in any street before the paving, repaving or repairing of the same and for making the necessary house connections with said pipes and also for the necessary house connections and branches with and leading into main or lateral sewers, provided that in no case, except as a sanitary measure, of which the municipality shall be the judge, shall Logan Township require such house connections to be extended further from such sewers or from such gas, water or other pipes or conduits than to the inner line of the curbstone of such corporations, persons and owners affected and, in default of compliance therewith, cause said pipes to be laid, renewed or repaired and said connections made and collect the costs of paving and repairing all pipes or conduits with interest, and the cost of the sewer connections shall be a first lien against the land for whose benefit such connections are made. A separate lien may be filed therefor, or such sewer connection costs may be included in any lien filed for the costs of such street improvement, and the lien and the proceedings thereon shall be as in the case of other municipal liens.
[Ord. No. 07-14-22]
When work performed by a utility or contractor under this Part is found in violation of the same, the contractor or utility may be given the opportunity to make corrections as required by the Township. If the corrections are not completed in the specified time, or are not completed as specified, the Township may suspend all work, whether completed or in progress, in noncompliance with this Part and take appropriate safety precautions. All work performed or contracted by the Township of Logan to attain compliance with this regard, including inspection and coordination fees, shall be billed to the utility or contractor, plus a 20% penalty. In addition, a penalty for noncompliance shall be imposed, along with being banned from working in the Township for a period of five years.
[Ord. No. 07-14-22]
The permittee shall actively resume work upon order from the Township after a suspension.
[Ord. No. 07-14-22]
If the permittee fails to make adequate correction to work found in noncompliance with this Part in the time specified, a penalty shall be imposed until said corrections are completed to these requirements. (See fee schedule.[1])
[1]
Editor's Note: See Ch. 1, Part 3, Schedule of Fees.
[Ord. No. 07-14-22]
1. 
The Township reserves the right to bar any contractor or his employee from working within the Township limits for causes set forth in this Part. When the violations include tampering with Township property, repeated noncompliance with specifications contained herein, damages to public facilities, etc., the Township shall bar the contractor and any employees for a period of five years from the date of violation. In this case, the utility or permittee shall secure another contractor to perform the work.
2. 
The Township reserves the right to refuse issuance of a permit to cut new pavement (less than three years in age).
[Ord. No. 07-14-22]
At the discretion of the Township, licensed contractors, other than those under contract to a utility, may be permitted to make an opening, cut or excavation in the Township's public streets. Sections pertaining to public utilities shall be applicable to licensed contractors.
[Ord. No. 07-14-22]
1. 
Enforcement. Any police officer and/or other person authorized by the Board of Supervisors may enforce the provisions of this Part.
2. 
Penalty. Any person who shall violate any provision of this Part shall, upon conviction thereof, be sentenced to pay a fine of not less than $100 and not more than $1,000 plus the cost of prosecution, and/or be sentenced to imprisonment for a term not to exceed 90 days. Every day that a violation of this Part continues shall constitute a separate and distinct offense which shall be subject to the aforesaid penalties.