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Township of Lower Frederick, PA
Montgomery County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Supervisors of Lower Frederick Township 6-6-2006 by Ord. No. 06-06. Amendments noted where applicable.]
GENERAL REFERENCES
Uniform construction codes — See Ch. 61.
Grading and excavations — See Ch. 77.
Sewers — See Ch. 123.
Streets and sidewalks — See Ch. 138.
Subdivision and land development — See Ch. 145.
Zoning — See Ch. 170.
The purpose of this specification is to provide for the public good and establish a permit process and requirements for roads, utility cuts in roads and streets, backfilling of trenches, replacing of removed pavement sections and regulating the location and construction of utility facilities and other structures within Township highway rights-of-way for the purpose of ensuring the structural integrity of the highway, economy of maintenance, preservation of proper drainage and safe and convenient passage of traffic.
The definitions of words and terms, when used in this chapter, have the meaning set forth below:
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 an Act of God. The term does not include service connections or disconnections unrelated to vehicle accident, a failed component or an Act of God. This term applies only to those repairs necessary for the safety of the public or the restoration or continuance of public utility service or other public service.
INSPECTOR
The Township's authorized representative assigned to inspect permit operations.
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 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; privately or cooperatively owned railroads or street railways or their crossings.
A. 
General rule. Except for emergency repairs of utility facilities, 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 the Township. Work performed within the right-of-way shall conform to PennDOT regulations Chapter 203 (relating to work zone traffic control).
B. 
Emergency repairs of utility facilities. Emergency repairs of utility facilities may be performed without first obtaining a permit under this chapter; however, application must be made by the applicant or person making such repair, pursuant to this chapter, for a permit under this section, no later than five days after completion of the work.
C. 
Who may execute applications:
(1) 
If a corporation, authority, political subdivision or other person in the business of providing utility service owns, operates or intends to operate the facility, the application shall be submitted in the name of, and executed by, the party. An application may not be submitted in the name of contractors of the owner or operator nor in the name of persons only being serviced by the facility.
(2) 
In the case of a facility owner who is not in the business of providing utility service, the application shall be submitted in the name of, and executed by, the owner of the facility at the time of construction. The applicant shall indemnify and hold harmless the Township from claims by anyone claiming residual property interests in the permitted area.
A permit application:
A. 
Shall be submitted in person or by mail on a properly completed Township form, available at the Township Building. Application forms may also be obtained through the Township Web site, www.lowerfrederick.org;
B. 
Shall be signed by the applicant;
C. 
Shall include at least two sets of plans detailing the location and pertinent horizontal and vertical dimensions of the opening, the proposed utility installations and related highway features, including specific highway location, center line, edges of pavement, outside edges of shoulders, curbing, guiderail, highway drainage structures and right-of-way lines. Color coded plans and freehand drawings of roadway or utility features are unacceptable.
D. 
Shall be accompanied by a check or money order, payable to the Township according to the Schedule of Fees of the Township in accordance with fees set by the Department of Transportation. Said fees will be established from time to time by resolution of the Board of Supervisors.
E. 
Plans depicting installation or replacement of a facility of more than 500 linear feet of pavement or shoulder, or both, shall have a horizontal scale of one inch equal to no more than 50 feet and be prepared by a professional engineer or surveyor. Plans shall specify dimensions from the near edge of pavement, shall identify utility facilities and other structures within the right-of-way and shall include typical cross sections at each significant change in highway cross section features.
A. 
An applicant shall provide satisfactory evidence to the Township of ability to completely discharge construction, maintenance and financial duties imposed by this chapter. An applicant shall provide satisfactory evidence that the proposed facility 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. 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 approved consent of the permittee, including a failure of the permittee or a person to comply with the permit or this chapter.
(2) 
Obtaining insurance in a form and amount acceptable to the Township. 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.
(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 18 months after the acknowledged completion of the permitted work.
(4) 
Obtaining surety bonds in a form and amount acceptable to the Township to guarantee necessary maintenance costs for the facility and the right-of-way in which it is located for a period of at least 18 months after the acknowledged completion of the permitted work.
(5) 
Depositing sufficient currency in an escrow account acceptable to the Township to fully secure the obligations in Subsections A(3) and A(4) above as an alternative to the obtaining of the surety bonds.
(6) 
The use of bonded contractors as well as consultants and engineers having professional liability insurance.
(7) 
If security is required, it shall be delivered to the Township in a form and amount acceptable to the Township and shall guarantee restoration and maintenance of the highway for a period of 18 months after acknowledged completion of the permitted work.
(8) 
If blasting is authorized by permit, the insurance coverage shall include property damage and personal injury occasioned by blasting. In addition, the insurance policy shall provide coverage for damage to the highways, highway structures and appurtenances or other Township property and shall be in an amount satisfactory to the Township.
(9) 
The permittee shall deliver to the Township certificates of insurance evidencing the insurance coverage required. Insurance policies shall be issued by an insurer having a certificate of authority and a licensed agent authorized to transact the business of insurance in this commonwealth.
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.
A. 
General rule. Upon approval of an application submitted under this chapter, a permit will be issued by the Township, subject to this chapter and the conditions contained in the permit and its attachments and supplements. The permit shall be the applicant's authority to proceed with the work specified in the permit. A copy of the permit and relevant plans shall be available at the work site for review.
B. 
Agreement/security. If a permittee will be authorized to perform a substantial amount of work within the right-of-way, the Township may, at its discretion, require the applicant to execute an agreement or provide security, or both, as a prerequisite to issuance of the permit.
C. 
Photo documentation. Prior to opening more than 100 linear feet of pavement or shoulder, or both, the permittee shall deliver photo documentation to the Township office verifying the preconstruction condition of the pavement and shoulder surfaces. The pavement and shoulder that will be disturbed shall be photo documented in its entirety with color videotape, color prints or digital images. Photo documentation shall be compatible with Township viewing equipment.
Scope of permit. The permit is binding upon the permittee, its agents, contractors, successors and assigns.
A. 
The permittee is responsible for causing compliance with the terms and conditions of the permit by its employees, agents and contractors.
B. 
The permit shall be located at the work site and be available for inspection by a police officer or representative of the Township.
C. 
The permit shall be maintained by the permittee as a permanent record and remain in effect, subject to the permit conditions and this chapter, as long as the permittee's facilities authorized by the permit occupy the right-of-way.
D. 
The permittee is liable to the Township for failure to comply with the permit and this chapter. 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.
E. 
Additional restrictions. Work authorized by the permit is subject to:
(1) 
Applicable laws, rules and regulations.
(2) 
The conditions, restrictions and provisions of the permit.
F. 
Permittee responsibilities. Permittee responsibilities include the following:
(1) 
The permittee shall pay the costs and expense 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 cost 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, the Township may immediately revoke and annul the permit and order and direct the permittee to remove structure, 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 structure, 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 Township Solicitor, or his attorneys, is authorized to enter an amicable action of ejectment and confess judgment against the permittee. The attorney is authorized to issue forthwith a writ of possession with a clause of fieri fascias for costs, without leave of court.
(3) 
At the end of a workday or when work is stopped on a project, an opening in the right-of-way shall be covered, backfilled or protected by steel plates.
(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, 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 the work is performed in compliance with the permit, this chapter and PennDOT Publication 408. If no inspector is provided by the permittee, the Township inspector will observe and inspect the work at the applicant's expense.
(6) 
The permittee shall notify the Township at least three full workdays prior to the start of work.
G. 
Indemnification of the Township for property and personal injury will be provided as required.
H. 
Insurance. The permittee shall provide insurance as required.
I. 
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.
J. 
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 highway damaged by a structure or facility. The permittee's obligation to repair or restore the highway necessitated by a damaged structure or facility under this paragraph is separate from the obligations to restore the highway and obtain a bond relating to restoration and maintenance of the highway.
K. 
Damage to highway. Responsibility of the permittee for restoration of the highway includes the following:
(1) 
If there is a failure of the highway, including a slope or other appurtenance thereto, in the area of the permitted work, within 18 months after the acknowledged completion of the permitted work and there is no similar failure of the highway 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 highway failure was caused by another person.
(2) 
In situations where the permittee has the responsibility to restore the highway, including slope or another appurtenance thereto, 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 within 30 days after receipt of the Township's invoice.
(3) 
The obtaining of a bond, other security or an agreement to secure restoration costs does not relieve the permittee of the restoration obligations imposed. 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 highway in the permitted area occurring after the expiration of the bond, other security or agreement.
L. 
Future highway changes. If in the future the highway 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 highway alterations or which are inconsistent with the purpose of the highway alterations.
M. 
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 the work was performed in accordance with the permit. Acknowledgment of completion by the inspector 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.
Traffic control shall be provided in accordance with PennDOT standards for work zone traffic control, as last amended. (Reference: PennDOT Chapter 203 relating to work zone traffic control.)
A. 
Roads must be open to traffic at all times. Road closure is only permitted with written authorization from the Township. If a roadway is approved for closure, the applicant must:
(1) 
Post signs at the proposed closure location, detailing road closing dates. Signs notifying motorists of closure must be posted at least one week prior to the anticipated closure.
(2) 
Provide written notices to emergency services (police, fire and ambulance) and school district notifying them of work at least one week prior to the closure.
B. 
The Township may require an applicant to submit a traffic control plan for review and approval. Such traffic control plan shall comply with PennDOT regulations, Chapter 203, and shall clearly indicate how the work area, vehicular and pedestrian traffic will be protected, maintained and controlled.
Work shall conform to Township standards, including the following:
A. 
The work shall be done on weekdays between the hours of 8:00 a.m. and 4:00 p.m. unless otherwise authorized.
B. 
Highway materials shall be obtained from PennDOT-approved sources which are identified in 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.
C. 
Construction methods shall conform to PennDOT publication 408, as last amended.
D. 
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.
(1) 
If a dispute arises between the permittee and the Township's inspector, the Township's inspector has the authority to suspend work until the question at issue may be referred to and decided by the Township office.
Altering drainage is prohibited. Altering drainage shall be prohibited by the following conditions:
A. 
Unless specifically authorized by the permit, the permittee may not:
(1) 
Alter the existing drainage pattern or the existing flow of drainage water.
(2) 
Direct additional drainage of surface water toward, onto or into or in any way affect the highway right-of-way or highway facilities.
B. 
The permit does not authorize the permittee to direct, divert or otherwise drain surface waters over the property of another property owner.
(1) 
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.
(2) 
The permittee is responsible for damage caused to property owners as a result of work done under the permit.
C. 
A permit will not be issued to authorize the discharge of water into the right-of-way unless the water is surface drainage.
Backfilling. An opening shall be backfilled by the permittee in accordance with the following:
A. 
The opening may first be backfilled with fine aggregate material, meeting the requirements of PennDOT regulations, Section 703.1 of Publication 408, or granular material to protect the facility, placed to a height not to exceed one foot over the top of the facility, if the material is compacted in not more than four-inch loose layers or as authorized under Publication 408.
B. 
To help protect its facility from future excavations, the permittee is encouraged to place a permanent colored ribbon under Subsection B(1) at least one foot above its facility. If the facility is nonmetallic, the permittee is also encouraged to place a metallic ribbon at a depth from which the ribbon can be sensed by typical metal locating instruments.
C. 
The opening shall then be backfilled with 2A.
D. 
Backfill shall be compacted as follows:
(1) 
General rule. Backfill material shall be placed in loose layers not to exceed eight inches if vibratory compaction equipment is used. Each layer shall be thoroughly compacted to 97% to 100% compaction.
(2) 
Existing pavement elevation. Compaction shall be completed to the bottom elevation of the existing pavement.
E. 
The Township may require the permittee to have material proposed for use as backfill and compacted material tested, at the expense of the permittee, for conformance to the applicable gradation and compaction requirements of Publication 408.
F. 
Test holes shall be backfilled, as soon as safely possible, with material authorized by the Township. The Township office may authorize test holes in the pavement or shoulder to be restored with a one-foot cutback of the surrounding surface.
The responsibility of the permittee for disposition of materials is as follows:
A. 
The permittee shall keep the improved area free of material which may be deposited by vehicles traveling upon or entering onto the highway during the performance of work authorized by the permit.
B. 
The permittee is responsible for controlling dust conditions created by its own operations.
C. 
Excess material and material that is not suitable for backfill shall be promptly removed and properly disposed of as the work progresses.
D. 
Other material shall be stored so that there will be no interference with the flow of highway drainage.
E. 
The permittee is not authorized to close a portion of the pavement or shoulder to traffic for the primary purpose of storing material. If the permittee stores material on the pavement or shoulder, the permittee thereby acknowledges its obligation and commitment to repair or reconstruct the pavement and shoulder, if damaged, to its former condition, in a manner authorized by the Township office. Delivered material may not be stored overnight on the pavement.
A. 
Temporary pavement restoration of a pavement or paved shoulder may be required by the Township office prior to permanent restoration. The following conditions apply:
(1) 
Temporary pavement restoration shall be completed before traffic is allowed to travel on the disturbed area. The temporary pavement may be kept in place for up to six months or as specified in the permit and properly maintained.
(2) 
The temporary pavement shall be removed and permanent restoration performed.
B. 
Restoration of flexible base pavement. Base and surface restoration of flexible base pavements shall be performed under this subsection and as specified in the permit. Prior to replacement of the base course, one foot outside of each edge of the opening shall be sawed, in a neat straight line, to the top elevation of the existing aggregate subbase or stone base course, and the detached material shall be removed. Other surface opening methods such as cutting may be authorized if the methods result in the opened pavement having a neat straight vertical line.
(1) 
Exposed vertical and horizontal surfaces shall be prepared under PennDOT regulations, Section 401.3 (f) of Publication 408, as last amended.
(2) 
The base course shall consist of bituminous concrete, Superpave Volumetric asphalt mixture design 25mm, PG 64-22 HMA base course, 0.3-3 M ESALS, meeting the requirements of PennDOT Publication 408, or other base course material authorized by the Township office. The base course material shall have a minimum depth of five inches or a depth equal to the existing base course, whichever is greater.
(3) 
The binder course shall consist of Superpave Volumetric asphalt mixture design 19mm, PG 64-22 HMA base course, 0.3-3 M ESALS, meeting the requirements of PennDOT regulations, Section 421 of Publication 408. The binder course, shall have a minimum depth of two inches or a depth equal to the existing binder course, whichever is greater.
(4) 
The wearing course shall consist of Superpave Volumetric asphalt mixture design 12.5 mm, PG 64-22 HMA base course, 0.3-3 M ESALS I, meeting the requirements of PennDOT Publication 408. The wearing course shall have a minimum depth of 1 1/2 inches or a depth equal to the existing wearing course, whichever is greater.
C. 
Restoration of plain or reinforced cement concrete pavements. Base and surface restoration of plain or reinforced cement concrete pavements shall be performed under this subsection and as specified in the permit. Drilling is not permitted where sawing or cutting is required.
(1) 
Prior to replacement of the pavement, one foot outside of each edge of the opening shall be sawed the full depth of pavement in a neat straight line. The detached material shall be removed without damaging the adjacent pavement. The use of a pavement breaker is prohibited. The permittee may partially saw cut the pavement to a depth of at least three inches and cut the remaining pavement with a jackhammer weighing no more than 90 pounds, if:
(a) 
The restored opening does not exceed six feet in either length or width.
(b) 
The restored opening is at least two feet from a pavement edge or joint.
(2) 
Outside existing shoulder. If the disturbed area extends outside the existing shoulder, the disturbed area outside the restored shoulder shall be properly graded and a ditch line shall be constructed wherever necessary to maintain highway drainage.
D. 
Pavement overlay.
(1) 
If the permittee opens pavement having a bituminous concrete surface and the Township's wearing course is less than five years old, the permittee shall, in addition to the restoration conditions outlined in the permit and in this section, overlay the pavement in accordance with the following conditions:
(a) 
When a longitudinal or transverse opening longer than 10 linear feet has been made in the pavement, the permittee shall overlay the traffic lanes for the entire length of highway that was opened, in a manner authorized by the Township.
(2) 
If the permittee opens pavement having a bituminous concrete surface and the wearing course is over five years old, the permittee shall, in addition to the restoration conditions outlined in the permit and in this section, overlay the pavement in accordance with the following conditions:
(a) 
When two or more transverse openings have been made, the permittee shall overlay traffic lanes for the entire length of highway between the openings, in a manner authorized by the Township.
(b) 
When four or more emergency openings have been made by the same permittee, the permittee shall overlay traffic lanes, for the entire length of highway between the openings, in a manner authorized by the Township.
(c) 
If disturbed lanes adjacent to undisturbed lanes are overlaid, the edge of the disturbed lane shall be saw cut or milled to a depth of 1 1/2 inches or the depth of the existing surface course, whichever is less, for the length of the opening, to insure a smooth joint, with proper elevation and cross section. A full-width overlay may be authorized on various highways instead of saw cutting or milling the disturbed lane.
(d) 
If disturbed lanes adjacent to shoulders are overlaid, the shoulder shall be raised, with material and in a manner authorized by the Township for the type of existing shoulder, so that the overlaid pavement and shoulder edges are at the same elevation.
(3) 
Regardless of the age of the wearing course:
(a) 
If more than 100 linear feet of longitudinal or transverse openings, or both, are made in the pavement, the Township may require the permittee to overlay traffic lanes for the entire length of highway that was opened, if the Township office determines that the rideability or structural integrity of the pavement has been impaired by the openings.
(4) 
If an opening is made in a bituminous concrete pavement within three feet from the edge of pavement or other longitudinal joint or opening, the surface restoration shall be extended to the edge of pavement or other longitudinal joint or opening.
(5) 
At each end of an overlay, the permittee shall install a paving notch, under PennDOT regulations, Roadway Construction Standard RC-28, by milling, planing or other authorized method and provide a minimum ten-foot transition.
(6) 
The transition areas at each end of an overlay shall follow the contour of the surrounding surface.
(7) 
When pavement markings on more than 100 linear feet of highway are covered or destroyed by the permitted work, including overlays, they shall be replaced with temporary pavement markings, under PennDOT regulations, Section 203.72 (relating to temporary pavement markings) before opening the disturbed pavement to traffic. When the pavement surface is restored, pavement markings that were covered or destroyed shall be replaced in their former location.
(8) 
Sealing. Restored openings in the pavement or paved shoulder shall be sealed with rubberized joint sealant conforming to PennDOT publication 408.
Additional restoration shall be required as follows: Disturbed portions of the highway, including but not limited to slopes and appurtenances and structures such as guiderails, curbs, signs, markings, drain pipes, driveways, mailboxes and vegetation shall be restored by the permittee to a condition at least equal to that which existed before the start of work authorized by the permit, if the restoration is consistent with the Roadway Construction Standards. Additional restoration may also be required, upon written notification, to restore the structural integrity of the pavement or shoulder.
Equipment damaging highway. A highway shall be protected in accordance with 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, the pavement and shoulders shall be protected from equipment damage by the use of matting or other suitable protective material.
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.
A. 
Drilling, boring, driving or tunneling across improved area. Drilling, boring, driving or tunneling across improved areas shall comply with the following conditions:
(1) 
When crossing under an improved area, the opening for a utility facility shall be drilled, bored, driven or tunneled a minimum depth of two feet from the surface to the top of the opening.
(a) 
If the facility or its casing is 30 inches or greater in diameter, the bored cylindrical space surrounding either an uncased facility or a facility casing shall be filled with grout, in a manner authorized by the Township office.
(b) 
Jet or other nonmechanical boring methods are prohibited. Water may be used under low pressure only to cool the drill bit and to facilitate removal or cuttings from the bore opening, if retrievable liquids are immediately removed from the boring pit.
(2) 
A facility or other structure crossing under the improved area shall be constructed to assure the safety of the traveling public and to preclude the necessity of entering upon the improved area to effect future maintenance or replacement.
B. 
Trenching across the improved area shall comply with the following conditions.
(1) 
The top of every utility facility shall be installed at least two feet beneath the surface.
(2) 
When trenching is authorized by the permit, the trenching operation shall be performed by one of the following methods:
(a) 
Utility facility placed in one piece across highway:
[1] 
Traffic shall be routed over 1/2 of the pavement width.
[2] 
The closed half of the pavement shall be opened to the required depth and bridged with steel plates.
[3] 
Traffic shall be shifted to the bridged half of the pavement.
[4] 
The remaining half of the pavement shall be opened to the required depth.
[5] 
The facility shall be placed full width.
[6] 
The open trench shall be backfilled with restored half-width in accordance with this section.
[7] 
Traffic shall be shifted to the restored half of the pavement.
[8] 
The bridging shall be removed and the remaining half of the trench shall be backfilled and restored in accordance with this section.
(b) 
Utility facility placed in more than one piece across highway:
[1] 
Traffic shall be routed over 1/2 of the pavement width.
[2] 
The closed half of the pavement shall be opened to the required depth, the facility placed and the trench backfilled and restored in accordance with this section.
[3] 
Traffic shall be shifted to the restored half of the pavement.
[4] 
The remaining half of the pavement shall be opened to the required depth, the facility placed and the trench backfilled and restored in accordance with the provisions of this section.
(c) 
The permittee shall protect its openings to provide for the safety of the traveling public, including motorists, bicyclists and pedestrians.
(d) 
The permit may authorize the placement at depths less than two feet of traffic signal detectors or other highway facilities which are not capable of operating more than three feet below the surface.
(3) 
Openings parallel to the highway. Requirements for openings parallel to the highway are as follows:
(a) 
A utility facility shall be placed outside the pavement and shoulder unless there is no feasible space outside the pavement and shoulder for placing the facility; in which case, occupancy within the pavement or shoulder may be authorized by the permit.
(b) 
The top of a utility facility shall be installed at least three feet beneath the surface.
(c) 
No opening may be made for more than 200 linear feet at one time, unless authorized by the permit.
(d) 
The permittee shall protect its openings to provide for the safety of the traveling public, including motorists, bicyclists and pedestrians.
(4) 
Daily stoppage of work requirements. Daily stoppage of work requirements include the following:
(a) 
At the end of each workday, an opening in the right-of-way shall be one of the following:
[1] 
Covered with steel plates or bridges over openings which are less than six feet in either length or width. The plates or bridging shall be extended a minimum of 18 inches from each edge of the opening and shall be secured in a safe manner.
[2] 
Backfilled to the bottom elevation of the pavement or base course, or to the original surface elevation if outside the pavement and shoulder, and protected in accordance with PennDOT regulations, Chapter 203, (relating to work zone traffic control) until the surface is restored to its former condition.
(b) 
The permittee shall protect its opening to provide for the safety of the traveling public, including motorists, bicyclists and pedestrians.
(5) 
Appurtenances to underground installations. Requirements relating to appurtenances to underground installations shall include:
(a) 
The top of every manhole, valve box or other access to the facility shall be approximately flush with the surface in which it is located. On no case shall the facility rise above a paved surface, or more than one inch below the surrounding surface elevation.
A. 
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.
B. 
Location of aboveground facilities.
(1) 
Utility poles and other aboveground facilities shall be installed outside the highway clear zone as near the right-of-way line as practicable.
(2) 
On curbed roads, utility poles and other aboveground facilities shall be placed a minimum distance of two feet from the face of the curb.
(3) 
Where no roadside curb exists, utility poles shall be placed a minimum distance of 10 feet from the edge of the travel lane.
C. 
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, except where the National Electrical Safety Code requires vertical clearances in excess of 18 feet due to voltage or span lengths.
D. 
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.
E. 
Identification of poles. A pole shall bear the name or initials of the facility owner and the pole numbers assigned by the facility owner.
No person may attach a utility facility to Township bridge or modify an existing facility until the owner of the utility facility has obtained written permission from the Township.
A. 
General rule. Violation of this chapter or the permit requirements constitutes grounds for imposition of the following penalties:
(1) 
Upon receipt of oral or written notice of violations from the authorized representative of the Township or a Township police officer, the permittee shall cease to perform any further work in the permitted area except to restore the area to a safe condition. No further work may commence in the permitted area until the violations have been remedied. Where the permittee has received oral notice of the violations, written notice shall be sent to the permittee within 10 days of receipt of the oral notice.
(2) 
Confiscation of the applicant's permit by any police officer or authorized representative of the Township.
(3) 
Revocation of the applicant's permit or emergency permit card by the Township.
(4) 
Removal of facilities installed without a permit or in violation of the provisions of this chapter.
(5) 
Fines, imprisonment or other penalties as are provided by statute.
(6) 
Other action as may be deemed necessary or proper after consultation with the Township Solicitor.
(7) 
Other conditions which may be specified on a Township citation. 13.
B. 
Additional grounds for revocation shall be as follows:
(1) 
The Township may revoke a permit whenever it determines that the permitted facility is not being maintained, is in violation of a condition of the permit or this chapter, constitutes a hazard to traffic or interferes with the proper use of the highway by the Township or the public.
(2) 
The Township may revoke a permit for nonpayment for a fee authorized by the Schedule of Fees, including default of a check submitted for payment.
C. 
Modification of conditions.
(1) 
General rule. When a term or condition of this chapter cannot be met, an applicant may request, in writing, that the Township modify that term or condition if it is not required by law. If a requested modification is granted, the permit will specify the allowable modification.
All streets shall be graded the full width of the right-of-way to the grades shown on the street profile and cross-section plan submitted and approved with the preliminary plan. They shall be inspected and checked for accuracy by the Township Engineer or the Township representative.
Prior to blasting within the right-of-way, insurance and proof of licensure shall be furnished to the Township.
A. 
Must be in accordance with PennDOT regulations, Form 408.
B. 
If blasting is necessary, the Township may require a full-time inspector. The expense of that inspector shall be reimbursed back to the Township by the developer or contractor.
C. 
If roadway is raised or damaged, the Township will require those sections to be repaired to Township standards.
D. 
If blasting is required, the Township will require the contractor and/or developer to post bonding for the protection of the roadways.
E. 
If 50% or more of a roadway is damaged, the Township will require base restoration and an overlay of the entire roadway.
F. 
No predrilling or blasting may be performed within the right-of-way unless authorized by a permit and until the permittee provides insurance for property damage and public liability.
G. 
The blaster's license number shall be furnished upon request.
H. 
No blasting will be permitted within 50 feet of the nearest part of a bridge, box or culvert.
I. 
The permittee's obligation for restoration of the highway shall include failure of the highway occasioned by blasting.
The Township of Lower Frederick or its designees are exempt from this chapter.
Any person who violates or permits a violation of this chapter shall, upon being found liable therefor in a civil enforcement proceeding commenced by the Township before a District Justice, pay a fine of not less than $100 nor more than $600, plus all court costs, including reasonable attorney's fees, incurred by the Township in the enforcement of this chapter. No judgment shall be imposed until the date of the determination of the violation by the District Justice. If the defendant neither pays nor timely appeals the judgment, the Township may enforce the judgment pursuant to the applicable Rules of Civil Procedure. Each day a violation exists shall constitute a separate offense. Further, the appropriate officers or agents of the Township are hereby authorized to seek equitable relief, including injunction, to enforce compliance herewith.