[HISTORY: Adopted by the Board of Supervisors of Lower Frederick
Township 6-6-2006 by Ord. No. 06-06. Amendments
noted where applicable.]
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:
An unforeseen occurrence or combination of circumstances which calls
for immediate action or remedy.
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.
The Township's authorized representative assigned to inspect
permit operations.
A person owning a utility facility, including any wholly owned or
controlled subsidiary.
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.
(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.
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:
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:
(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.
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.
