The following words and terms, when used in
this article, shall have the following meanings, unless the context
clearly indicates otherwise.
ADJACENT AREA
The area surrounding the immediate area of the permitted
work which can reasonably be assumed to have been affected by the
permitted work.
BACKFILL
Material used to replace or the act of replacing material
removed during construction.
BASE COURSE
The layer or layers of specified or selected material or
designed thickness placed on a subbase or a subgrade to support a
surface course.
BRIDGE
A structure, including supports, erected over a depression
or an obstruction such as water, street or railway, which has a track
or passageway for carrying traffic or other moving loads and having
an opening, measured along the center of the pavement, of more than
20 feet between supports.
CENTRAL PERMIT OFFICE
The office which administers this article, located at the
Independence Township, Main Street, Avella, Pennsylvania 15312.
CLEAR ZONE
The portion of right-of-way beyond the pavement edge.
CULVERT
A structure under the pavement with an opening of 20 feet
or less, measured along the center of the pavement.
DEPARTMENT
The Township of Independence or its representative.
DETOUR
To send traffic by a circuitous route around a portion of
a street that has been closed.
EMERGENCY
An unforeseen occurrence or combination of circumstances
which calls for immediate action or remedy.
EMERGENCY REPAIR
Repair to a utility facility undertaken to repair damage
resulting from a vehicle accident or collision with the facility,
a failed component or storm damage. The term does not include service
connections or disconnections unrelated to vehicle accident, a failed
component or storm damage.
ENGINEER
Township of Independence Engineer.
EQUIPMENT
Machinery and equipment, together with the necessary supplies
for upkeep and maintenance, and tools and apparatus necessary for
the proper construction and completion of the work.
FLEXIBLE BASE PAVEMENT
A pavement structure which maintains intimate contact with
and distributes loads to the subgrade and depends on aggregate interlock,
particle friction and cohesion for stability.
GROUT
A mixture of cement, water and sand.
IMPROVED AREA
The area within the right-of-way which has been constructed
for street purposes, including roadbed, pavement, shoulders, slopes,
sidewalks, drainage facilities and other appurtenances.
INSPECTOR
The Township's authorized representative assigned to inspect
permit operations.
PAVEMENT
The combination of subbase, base course and surface course
placed on a subgrade to support the traffic load or distribute it
to the roadbed, or both. The term normally includes the traveled portion
of the street and extends to the face of the curb in a curbed section.
The term does not include shoulders.
PERMIT
A.
A street occupancy permit form issued by Independence
Township under this article.
B.
An authorization to occupy street right-of-way
when a utility facility relocation is required by a street construction
project, granted either by written agreement or by a street occupancy
permit.
PERSON
A natural person, firm, copartnership, association, corporation,
authority or legal entity.
PLANS
Drawings which show the location, character and dimensions
of the proposed occupancy and related street features, including layouts,
profiles, cross sections and other details.
PLOWING
Direct burial of a utility line by means of a plow-type mechanism
which breaks the ground, places the utility line and closes the break
in the ground in a single operation.
PUBLICATION 408
A Pennsylvania Department of Transportation publication containing
the street construction specifications, as supplemented.
RIGHT-OF-WAY
The area which has been acquired by the Township for street
purposes.
RIGID BASE PAVEMENT
A pavement structure which distributes loads to the subgrade
having as one course a portland cement concrete slab of relatively
high bending resistance.
ROADBED
The graded portion of a street within top and side slopes
prepared as a foundation for the pavement and shoulder.
SEAL COAT
A thin treatment consisting of bituminous or other approved
material, usually with cover aggregate, applied to a surface course.
SHOULDER
The existing improved or graded portion of the street, contiguous
to the traffic lanes, for accommodation of stopped vehicles, for emergency
use, or for lateral support of base and surface courses of pavements.
STREET
Any Township street, alley or other Township thoroughfare
located in the Township of Independence and established for the use
of vehicles and pedestrians.
SUBBASE
The layers of specified or selected material of designed
thickness placed on a subgrade to support a base course.
SUBGRADE
The top surface of a roadbed upon which the pavement structure
and shoulders, including curbs, are constructed.
SUITABLE MATERIAL
Soil, granular material or shale meeting specifications in
Section 206.2 of Publication 408.
SUPPLEMENT
An amendment to a street occupancy permit.
SURFACE COURSE
One or more layers of a pavement structure designed to accommodate
the traffic load, the top layer of which resists skidding, traffic
abrasion, and the disintegrating effects of climate. The top layer
is sometimes called the "wearing course."
TACK COAT
An application of bituminous material to an existing surface
to provide bond with a superimposed course.
TEST HOLE
An exploratory opening of less than 100 square inches.
UTILITY
A person owning a utility facility, including any wholly
owned or controlled subsidiary.
UTILITY FACILITY or FACILITY
Privately, publicly or cooperatively owned lines, facilities
and systems for producing, transmitting or distributing communications,
power, electricity, light, heat, gas, oil, crude products, coal, water,
steam, waste, stormwater not connected to the Township drainage facilities,
and other similar commodities, including fire and police signal systems
and streetlighting systems, which directly or indirectly serve the
public or any part thereof.
VEHICLE
Every device which is or may be moved or drawn upon a street.
It is in the public interest to regulate the
location and construction of facilities and other structures within
Independence Township streets and rights-of-way for the purpose of
ensuring the structural integrity of the street, economy of maintenance,
preservation of proper drainage, and safe and convenient passage of
traffic. Nothing contained herein is intended to relax existing safety
requirements under local, state and/or federal law.
It shall be unlawful, except as provided in
Subsections A through C hereunder, that no work may be performed within
the right-of-way involving the placing of utility facilities or other
structures or opening of the surface without first obtaining a permit
from Independence Township.
A. A permit application is not required for modifying
parts of existing permitted facilities, such as cable within conduit,
cross arms or transformers on poles, or manhole riser rings prior
to roadway resurfacing, if no surface opening is required.
B. Permit applications are not required for stringing
overhead utility lines.
C. Permit applications are not required for accessing
an existing utility facility through a manhole.
D. All applications shall be submitted in the name of
and executed by the owner or a legal representative in case of a corporation.
An application may not be submitted in the name of contractors of
the owner or operator.
E. An applicant under this article shall provide satisfactory
evidence to the Township of ability to completely discharge construction,
maintenance and financial duties imposed by this article. An applicant
shall provide satisfactory evidence that the proposed application
will not be inconsistent with the structural integrity of the right-of-way,
the Township's maintenance responsibilities, or the safe and convenient
passage of traffic. The Township may require security, including,
but not limited to:
(1) Executing indemnity agreements satisfactory to the
Township.
(2) Obtaining insurance in a form and amount acceptable
to the Township.
(3) Obtaining surety bonds in a form and amount acceptable
to the Township to guarantee restoration of the permitted area in
a manner satisfactory to the Township for a period of at least two
years after the acknowledged completion of the permitted work.
(4) Depositing sufficient currency in an escrow account acceptable to the Township to fully secure the obligations in Subsection
E(3) as an alternative to the obtaining of the surety bonds.
(5) The use of bonded contractors as well as consultants
and engineers having professional liability insurance.
(6) An applicant shall submit a detailed traffic control
plan for permitted work.
(7) The permit is nontransferable.
(8) Payment of all required fees.
A permit application shall be submitted to the
Township of Independence at the Township Municipal Building located
at Main Street, Avella, Pennsylvania 15312, during normal working
hours. The permit application shall be submitted at least 30 days
prior to the anticipated start of work.
A traffic control plan shall be submitted with
the application in the following manner:
A. The applicant shall submit a traffic control plan
for Township approval whenever it will be necessary to close a portion
of a travel lane during active work in progress or during hours of
darkness without work in progress and/or whenever it will be necessary
to completely close a street to perform the permitted work.
B. A traffic control plan shall clearly indicate how
the work area, vehicular and pedestrian traffic will be protected,
maintained and controlled: two copies of a detailed drawing, showing
actual site conditions and the necessary traffic control requirements
for the specific project.
The applicant is responsible for the accuracy of the information
submitted to the Township, including the application, plans, drawings,
reports and correspondence.
A. Penalty for falsifying application. Information provided
in applications shall be accurate. Section 4904 of the Crimes Code
(relating to unsworn falsification to authorities) makes it a misdemeanor
of the second degree for a person to mislead a public servant in performing
an official function by making a written false statement which the
person does not believe to be true. The Township will examine and
determine the genuineness, regularity and legality of every application
and may reject an application if not satisfied as to its genuineness,
regularity or legality, or the truth of a statement contained in the
application. The Township may also make investigations and require
additional information as it deems necessary.
B. Debarred persons. The Township may debar a person,
including permittees, consultants, contractors and their employees,
agents, successors and assigns, from placing a facility, working within
any street or right-of-way under permit, directing work or having
involvement in a permit issued or an application submitted under this
article for one or more of the following:
(1) Unsatisfactory past performance, as documented by
records, reports or performance ratings.
(2) Failure to complete permitted work under the permit
and this article, as documented by records, reports or performance
ratings.
(3) Bribing, attempting to bribe or giving gratuities
to a Township employee or a permit inspector.
Application fees charged to defray costs incurred
by the Township in reviewing and processing the applications and plans,
including the preliminary review of the site location identified in
the application, whether or not a permit is issued and processed,
shall be as set from time to time by resolution of the Board of Supervisors
for the following:
B. Supplement fee (each six-month time extension) (each
submitted change).
C. Emergency permit card (each card).
D. General permit inspection fees. General inspection
fees charged to defray costs incurred by the Township in spot inspections
of permitted work or subsequent inspections after the permitted work
has been completed and to monitor compliance with the permit and this
article shall be as follows:
(1) Surface openings. This fee is calculated on the total
linear feet of the opening being permitted within different areas
of the right-of-way.
(a)
Total linear feet of opening (each one-hundred-foot
increment or fraction thereof):
[2]
Opening outside pavement and shoulder.
(b)
If a longitudinal opening simultaneously occupies two or more street areas identified in Subsection
D(1)(a), only the higher fee will be charged. Linear distances shall be measured to the nearest foot.
(2) Surface opening of less than 36 square feet (for example,
service connections performed independently of underground facility
installation, pipe line repairs), each opening:
(c)
Opening outside pavement and shoulder.
(d)
If an opening simultaneously occupies two or more street areas identified in Subsection
D(2)(a) to
(c), only the higher fee will be charged.
(3) Aboveground facilities (for example, poles, or guys
or anchors if installed independently of poles):
(a)
Up to 10 physically connected aboveground facilities
(each continuous group).
(b)
Additional aboveground physically connected
facilities (each pole with appurtenances).
(4) Crossings (for example, overhead tipples, conveyors
or pedestrian walkways, and undergrade subways or mines).
E. Exemptions. Permit application fees and general permit
inspection fees are not required from the following:
(2) The installation or maintenance of streetlighting
at the request of the Township.
(3) The replacement or renewal of utility facilities prior
to Township maintenance project, after notice from the Township.
(4) The removal of poles and attached appurtenances.
(5) Facilities moved at the request of the Township.
F. Additional application fee. If the Township anticipates
that the cost of reviewing the required application information or
inspecting the permitted work will exceed the application or inspection
fees listed in this section by a significant amount, the following
additional fees will be assessed:
(1) Additional application fee. The Township will estimate
the additional amount of salary, overhead and expenses and prepare
a reimbursement agreement for execution by the applicant. Township
review of the permit application will commence on the effective date
of the agreement.
(2) Additional inspection fees. If the Township determines
that the permitted work is of sufficient magnitude or importance to
warrant assignment of one or more persons to inspect the permitted
work on a more than spot-inspection basis, the permit will so indicate,
and the permittee shall be charged for additional salary, overhead
and expenses incurred by the Township for inspection.
(3) Charge calculation. The charges will be calculated
either on an actual cost basis or a standard unit cost basis.
(4) Invoices. The Township will provide an itemized invoice
for additional fees owed to the Township.
G. Refunds. The Township will refund the general permit
inspection fees on unused permits. To be eligible to receive a refund,
the permittee shall deliver the request, with the permittee's copy
of the permit, to the issuing officer on or before the permit expiration
date.
(1) A refund processing fee shall be deducted from the
general permit inspection fees.
(2) The permit application fee is not refundable.
H. Miscellaneous fees. The applicant shall pay for notary
and recording costs if it is determined by the Township that the permit
shall be recorded in the county office of Recorder of Deeds.
I. Any and all fees may be amended or adjusted by resolution
of the Township Supervisors.
The following conditions apply to permits issued
under this article:
A. Scope of permit. The permit is binding upon the permittee,
its agents, contractors, successors and assigns.
(1) The permittee is responsible for causing compliance
with the terms and conditions of the permit by its employees, agents
and contractors.
(2) The permit shall be located at the work site and be
available for inspection by a police officer or a representative of
the Township.
(3) The permit shall be maintained by the permittee as
a permanent record and remain in effect, subject to the permit conditions
and this article, as long as the permittee's facilities authorized
by the permit occupy the right-of-way.
(4) Responsibility for compliance with the terms of the
permit may not be assigned or transferred by the permittee without
first obtaining approval from the Township. If a permit is assigned
or transferred without first obtaining approval from the Township,
the assignment or transfer is void. The permit assigned or transferred
also becomes void. A facility installed under the authority of the
permit shall be subject to removal at the expense of the applicant
to which the permit was issued or its assignees, or both.
(5) The permittee is liable to the Township for failure
to comply with the permit and this article. The liability of the permittee
to the Township does not preclude the permittee or the Township from
bringing an action against the permittee's contractor, subcontractor,
engineer, architect, assignee, agent, workers, employees or other
persons.
B. Additional restrictions. Work authorized by the permit
is subject to:
(1) Applicable laws, rules and regulations, including
but not limited to:
(a)
The Act of October 26, 1972, concerning environmental
control measures related to pollution and the preservation of public
natural resources.
(b)
The Act of December 10, 1974, concerning protection
of the public health and safety by preventing excavation or demolition
work from damaging underground utility facilities.
(d)
OSHA construction safety and health regulations.
(e)
Civil Rights Act of 1964.
(f)
The rights of any person.
(g)
The conditions, restrictions and provisions
of the permit.
C. Work to conform to the Township standards. Work shall
conform to the Township standards, including the following:
(1) The work shall be done at a time and manner consistent
with the safety of the public and conform to the requirements and
standards of the Township, including, but not limited to, Department
of Transportation Publication 408.
(2) Street materials shall be obtained from Department
of Transportation-approved sources, which are identified in the current
PennDot publication numbers 34, 35, 41 and 42. Upon request, the permittee
shall make available for review certifications for backfill and restoration
materials placed within the improved area.
(3) If it is found by the Township that the work is not
being done or has not been properly performed, the permittee shall
promptly take the necessary steps, at its own expense, to place the
work in condition to conform to the requirements or standards.
(4) If a dispute arises between the permittee and the
Township's inspector, the Township inspector has the authority to
suspend work until the question at issue may be referred to and decided
by the Township office.
(5) Work not specifically regulated by this article shall
be performed as authorized by the Township.
D. Permittee responsibilities. Permittee responsibilities
include the following:
(1) The permittee shall pay the costs and expenses incident
to or arising from the project, including the prescribed fees for
the project, the cost of making and maintaining temporary restoration
of the disturbed areas and making permanent restoration. The permittee
shall reimburse the Township for inspection costs which the Township
deems necessary to incur within 30 days after receipt of the Township's
invoice.
(2) In the event of failure or neglect by the permittee
to perform and comply with the permit or this article, the Township
may invoke any or all of the following remedies which are not mutually
exclusive and may invoke such other remedies as are otherwise available
or provided for in this article, as well as such other remedies and/or
sanctions as are available at law or in equity; Immediately revoke
and annul the permit and order and direct the permittee to remove
structures, equipment or property belonging to the permittee or its
contractors, or both, from the legal limits of the right-of-way and
to restore the right-of way to its former condition; if the Township
determines that the structures, equipment or property poses a threat
to the public safety and the permittee fails to remove it after notice
from the Township to do so, the Secretary of the Township or its Solicitor
or any attorney of a court of record is authorized to appear for the
permittee and to enter an amicable action of ejectment and confess
judgment against the permittee; additionally, the attorney or Solicitor
is authorized to issue, forthwith, a writ of possession with a clause
of fieri fascias for costs and expenses, without leave of court.
(3) At the end of a workday, an opening in the right-of-way
shall be covered, backfilled or protected. If work is stopped on a
project, other than at the end of a normal workday, the permittee
shall promptly backfill the opening and restore the surface, and work
may not be resumed until the permittee is prepared to proceed with
the work to its completion. If the permittee fails to backfill the
opening or proceed until completion of the work, the Township reserves
the right to do the work upon notice to the permittee, where practicable,
and shall be reimbursed for the costs by the permittee within 30 days
after receipt of the Township's invoice.
(4) If the permittee, after making an opening in the surface
to place or repair a facility or for another purpose, fails to restore
a portion of the right-of-way to conform with this section, the Township
reserves the right to do the work upon notice to the permittee, if
practicable, and the permittee shall reimburse the Township for the
costs within 30 days after receipt of the Township's invoice.
(5) If backfill or restoration work will be performed
for the permittee by a contractor, the permittee shall identify to
the Township both its contractor and its inspector-in charge who shall
be assigned to monitor backfill and restoration work performed within
the improved area. The permittee's inspector-in-charge, as well as
the permittee, is responsible for ensuring work is performed in compliance
with the permit, this article and Publication 408.
(6) The permittee shall notify the Township at least three
full workdays prior to the start of work when the permit identifies
that the permitted work will be inspected on a more than spot-inspection
basis.
E. Altering drainage prohibited. Altering drainage shall
be prohibited by the following conditions:
(1) Unless specifically authorized by the permit, the
permittee may not:
(a)
Alter the existing drainage pattern or the existing
flow of drainage water.
(b)
Direct additional drainage of surface water
toward, onto or into or in any way affects the street right-of-way
or street facilities.
(2) The permit does not authorize the permittee to direct,
divert or otherwise drain surface waters over property of another
property owner.
(a)
The permit does not relieve the permittee from
acquiring the consent, permission or other authorization from a property
owner who may be adversely affected by drainage alterations.
(b)
The permittee is responsible for damage caused
to property owners as a result of work done under the permit.
(3) A permit will not be issued to authorize the discharge
of water into the right-of-way unless the water is surface drainage.
F. Equipment damaging streets. A street shall be protected
in accordance with the following:
(1) Work not specifically regulated by this article shall
be performed as authorized by the Township.
(2) Permittee responsibilities. Permittee responsibilities
include the following:
(a)
To protect the pavement and shoulders, equipment
shall have rubber wheels or runners and have rubber, wood or similar
protective pads between the outriggers and the surface unless otherwise
authorized by the permit.
(b)
If other than rubber-equipped machinery or equipment
is used, the pavement and shoulders shall be protected from equipment
damage by the use of matting or other suitable protective material,
unless the permittee requests, in writing, a waiver from the use of
protective material, thereby acknowledging its obligation and commitment
to repair or reconstruct the pavement and shoulder, if damaged, to
its former condition.
(c)
If the equipment damages the pavement or shoulders,
the permittee shall restore the damaged pavement or shoulder, or both,
to its former condition, in a manner authorized by the Township office.
(d)
The Township office may authorize the permittee
to restore the pavement or shoulder from superficial surface damage
with a seal coat or surface treatment.
G. Work zone traffic control. Maintenance and protection
of traffic shall be carried out by the permittee under 75 Pa.C.S.A.
§ 6123 (relating to erection of traffic-control devices
while working), the approved traffic control plan and the applicable
provisions of Ordinance No. 203 (relating to work zone traffic control).
H. Streets under construction. No permit application
will be approved for occupancy of a section of right-of-way within
which a street or reconstruction project is underway, or if a contract
for such a project has been let, until the project is completed and
accepted by the Township, unless the application is accompanied by
an attested certificate signed by the contractor or other authority
constructing the project consenting to the proposed work of the applicant
within the right-of-way, together with a waiver, release and quitclaim
to the Township of right-of-way by the permittee or from a cause resulting
by reason of that work and occupation. This subsection does not apply:
(1) To an emergency. In an emergency, the permittee shall
procure the consent of the Township to do the work as deemed necessary
to correct the existing emergency condition.
(2) If the permittee has been authorized by the Township
to relocate or adjust its facilities simultaneously with street construction.
I. Indemnification. Indemnification of the Township for
property and personal injury will be governed as follows:
(1) The permittee shall fully indemnify and save harmless
and, if requested, defend the Township, its officers, agents and employees,
of and from liability for damages or injury to persons or property
in a claim or suit seeking to impose liability on the Township, its
officers, agents or employees, arising out of an act or omission of
a contractor, agent, servant, employee or person engaged or employed
in, about or upon the work, by, at the instance of, or with the approval
or consent of the permittee, including a failure of the permittee
or a person to comply with the permit or this article.
(2) The permittee shall have the Township added as an additional insured to its or its contractor's insurance policy to secure the permittee's indemnification of the Township for property damage and personal injury under this paragraph. The coverage of the Township as an additional insured shall be limited to the acts or omissions of the permittee or its contractor, as described in Subsection
I(1). The amount of insurance shall be at least $250,000 per person and at least $1,000,000 per occurrence, or other statutory limitations on damages as the Township Board of Supervisors may establish. The policy shall be of a duration satisfactory to the Township.
(3) Upon request, the permittee shall deliver to the Township office certificates in insurance evidencing that the coverage required under Subsection
I(2) has been obtained. The Township may accept a formalized plan of self-insurance as a substitute for the insurance described in this subparagraph.
J. Insurance. The permittee shall obtain, prior to the
start of work, a policy of insurance, issued by an insurer having
a certificate of authority and a licensed agent authorized to transact
the business of insurance in this Township, in accordance with the
following conditions:
(1) The permittee or its contractor shall obtain insurance
for public liability and property damage, in form, amount and duration
satisfactory to the Township, to cover a loss that may be incurred
for construction, reconstruction, repair, relocation or installation
of the permitted structure or facilities.
(2) Upon request, the permittee shall deliver to the Township office certificates of insurance evidencing that the insurance coverage required under Subsection
J(1) has been obtained. The Township may accept a formalized plan of self-insurance as a substitute for the insurance described in this subparagraph.
(3) The permittee's obligations to indemnify the Township and obtain insurance to secure indemnification under Subsection
I of this section and its obligation to restore the streets and obtain a bond relating to restoration under Subsection
M of this section are separate obligations for obtaining insurance for the purposes required under this paragraph. Obtaining insurance under this paragraph does not relieve the permittee of its obligations under Subsections
J and
M of this section.
K. Maintaining structure or facility. As long as the
permittee operates and leaves in place structures or facilities, in,
upon or along the right-of-way, the permittee shall maintain and keep
them in good order and repair.
L. Damaged structure or facility to be repaired. If a structure or facility becomes damaged, the permittee shall promptly have it removed, repaired or otherwise made safe. The permittee is responsible for repair or restoration of the portion of the street damaged by a structure or facility. The permittee's obligation to repair or restore the street necessitated by a damaged structure or facility under this paragraph is separate from the obligations to restore the street and obtain a bond relating to restoration and maintenance of the street. Compliance with Subsection
M of this section does not relieve the permittee of its obligations under this paragraph.
M. Damage to street. Responsibility of the permittee
for restoration of the street includes the following:
(1) If there is a failure of the street, including a slope
or other appurtenance thereto, in the area of the permitted work within
two years after the acknowledged completion of the permitted work,
and there is no similar failure of the street beyond the area of the
permitted work, the permittee has absolute responsibility to make
temporary and permanent restoration of this area unless the permittee
delivers clear and convincing evidence to the Township office demonstrating
that the street failure was caused by another person.
(2) In a situation where the permittee has the responsibility to restore the street, including slope or another appurtenance thereto, under Subsection
M(1), the permittee has the duty to restore the improved area in accordance with the permit. If the permittee fails to restore the improved area properly, the Township will have the authority to do the work at the expense of the permittee. The permittee shall reimburse the Township for the costs plus 10% within 30 days after receipt of the Township's invoice.
(3) The obtaining of a bond, other security or an agreement described in §
355-30 to secure restoration costs does not relieve the permittee of the restoration obligations imposed by Subsection
M(1) and
(2), nor does it relieve the permittee of its obligations under Subsections
I and
J of this section. The obtaining of a bond, other security or an agreement will not act as a release of the permittee from liability under principles of tort law with respect to a failure of the street in the permitted area occurring after the expiration of the bond, other security or agreement.
N. Future street changes. If in the future the street
is altered for public convenience or necessity, the permittee shall,
at its own cost and expense, change or relocate all or a part of the
structures or facilities authorized by the permit which interfere
with the street alterations or which is inconsistent with the purpose
of the street alterations.
O. Acknowledgment by inspector. Acknowledgment by the
inspector of the Township that all or part of the permitted work has
been completed does not constitute approval or acceptance of the work
or agreement that work was performed in accordance with the permit.
Acknowledgment of completion by the Township will not act as a release
of the permittee or waiver by the Township of its right to seek performance
or restitution from the permittee.
General rule. A permit will not be issued to
install aboveground facilities at a location which the Township determines
to have a high accident potential.
A. Location of above facilities. The location of an aboveground
facility shall be:
(1) New poles and other aboveground facilities shall be
installed outside the street clear zone as near the right-of-way line
as practicable.
(2) Replacement of poles and other aboveground facilities
shall comply with the permit and applicable provisions of this article.
B. Location of wires, cables or conductors. A wire, cable
or conductor which overhangs a portion of the right-of-way shall be
placed to provide a minimum vertical clearance of 18 feet over the
pavement and shoulder.
C. Guys. A guy shall be placed and insulated in the following
manner:
(1) A guy shall be placed to avoid interference with vehicular
or pedestrian traffic.
(2) A guy shall be insulated or grounded in compliance
with the National Electrical Safety Code.
D. Identification of poles. A pole shall bear the name
or initials of the facility owner and the pole numbers assigned by
the facility owner.