[HISTORY: Adopted by the Board of Supervisors
of the Township of Montgomery as indicated in article histories. Amendments
noted where applicable.]
[Adopted 7-12-2004 by Ord. No. 04-183[1]]
[1]
Editor's Note: This ordinance also repealed
former Art. I, Excavations and Highway Occupancy, adopted 3-9-1981
by Ord. No. 46A, as amended.
A.
The purpose of this article 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 insuring the structural integrity
of the highway, economy of maintenance, preservation of proper drainage
and safe and convenient passage of traffic.
B.
Definitions. The definitions of words and terms, when
used in this article, have the meaning set forth in the PA DOT regulations
for occupancy of highways by utilities, 67 Pa. Code § 459.1,
as amended.
A.
Application procedure.
(1)
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 PA DOT regulations
Chapter 203 (relating to work zone traffic control).
(2)
Emergency repairs of utility facilities. Emergency
repairs of utility facilities may be performed without first obtaining
a permit under this article; however, application must be made by
the applicant or person making such repair, pursuant to this article,
for a permit under this section, within 16 hours of beginning the
emergency repair work or the next business day for emergencies occurring
on weekends and holidays when the Township Building is closed.
(3)
Who may execute applications:
(a)
If a corporation or other entity, authority,
political subdivision or other person in the business of providing
utility or other entity 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.
(b)
In the case of a facility owner who is not in
the business of providing utility service, such as a developer whose
land is located outside a utility's service jurisdiction, 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.
(c)
The application and/or permit are not transferable
or assignable.
(4)
Financial duties. An applicant shall provide satisfactory
evidence to the Township of ability to completely discharge construction,
maintenance and financial duties imposed by this article. The Township
may require security, including but not limited to:
(a)
Executing indemnity agreements satisfactory
to the Township.
(b)
Obtaining insurance in a form and amount acceptable
to the Township.
(c)
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 two years after the acknowledged completion of
the permitted work.
(e)
The use of bonded contractors as well as consultants
and engineers having professional liability insurance.
B.
Required application information. A permit application:
(1)
Shall be submitted in person or by mail on a properly
completed Township form, available at the Township Building.
(2)
Shall be signed by the applicant and the consulting
engineer, if any, performing work related to the application.
(3)
Shall include at least four 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, guide rail, highway drainage
structures and right-of-way lines. Color coded plans and freehand
drawings of roadway or utility features are unacceptable.
(5)
Shall be submitted to the Township at least 30 days
prior to the anticipated start of work. If the permitted work shall
be performed for the permittee by a contractor, the application shall,
if possible, be submitted to the Township at least 60 days prior to
soliciting bids for the permitted work so that the permittee may notify
bidders of permit requirements. If the application specifies that
the permitted work involves providing priority utility service, the
Township office will process the priority application before other
nonpriority applications submitted by the applicant.
(6)
Shall identify consulting engineers performing work
related to the application. The consulting engineer shall also sign
the application.
C.
Plans for occupancy within the township right-of-way.
A permit application for occupancy within the Township right-of-way
shall include detailed plans which comply with the following:
(1)
Plans shall have a horizontal scale of one inch equal
to no more than 50 feet. Plans shall show all proposed construction
and restoration details.
(2)
Plans depicting installation or replacement of a facility
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.
(3)
Plans depicting installation of a facility longitudinally
within the pavement or shoulder, or both, shall verify there is no
feasible space outside the pavement or shoulder available for placing
the facility.
D.
Traffic control plan. A traffic control plan shall
be submitted with the application in the following manner:
(1)
With the exception of emergency work, the applicant
shall submit a traffic control plan for Township approval for work
on roadways or rights-of-way whenever it will be necessary to close
a portion of a travel lane or whenever it will be necessary to completely
close a highway to perform the permitted work. If a roadway is approved
for closure the applicant must:
(a)
Advertise in the local newspaper at least twice
one week prior to the anticipated closure notifying motorists of closure.
(b)
Provide written notices to emergency services
(police, fire and ambulance) and school district notifying them of
work at least two weeks prior to the closure.
(c)
Provide written notices to residents who reside
along that roadway notifying them of the work to be done one week
prior to the closure.
(d)
Post all required detour signs.
(2)
The Township may require an applicant to submit a
traffic control plan under special circumstances at the Township's
discretion.
(3)
A traffic control plan shall comply with PA DOT regulations
Chapter 203 and shall clearly indicate how the work area, vehicular
and pedestrian traffic will be protected maintained and controlled.
(4)
A traffic control plan shall consist of one of the
following:
(a)
A reference to specific figures in PA DOT regulations
Chapter 203, if the referenced figures properly depict actual site
conditions and address the necessary traffic control.
(b)
Four copies of specific figures form PA DOT
regulations Chapter 203, which have been modified to depict actual
site conditions and the necessary traffic control requirements for
the specific project.
(c)
Four copies of a detailed drawing, showing actual
site conditions and the necessary traffic control requirements for
the specific project.
(d)
Four copies of a detour plan with signage, if
required.
E.
Blasting requirements. When blasting methods other
than controlled blasting, as specified in PA DOT regulations, § 203.3(b)1
of Publication 408, will be used or when blasting is anticipated within
100 feet of a bridge, box or culvert, a detailed plan of excavating,
shoring, blasting and backfilling procedures shall be submitted at
least 15 days prior to blasting. Prior to blasting within the right-of-way,
insurance shall be furnished. The insurance shall name the Township
as an additional insured and shall be in such types and amounts as
may be specified by the Township staff.
F.
Authority to reject application. 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.
G.
Debarred applicant.
(1)
The Township may debar an applicant, including permittee,
consultants, contractors and their employees, agents, successors and
assigns, from placing a facility, working within or otherwise occupying
Township highway right-of-way under permit, directing work or having
involvement in a permit issued or an application submitted under this
chapter, for one or more of the following:
(a)
Unsatisfactory past performance, as documented
by records, reports or performance ratings.
(b)
Failure to complete permitted work under the
permit and this chapter, as documented by records, reports or performance
ratings.
(c)
Bribing, attempting to bribe or giving gratuities
to Township employee or permit inspector.
(d)
Submitting false information.
(2)
The first debarment of an applicant shall be for six
months to 18 months. A subsequent debarment of the same applicant
ordered within five years after the first debarment is served, shall
be for 18 months to three years.
H.
Issuance of permits.
(1)
General rule. Upon approval of an application submitted
under this article, a permit will be issued by the Township, subject
to this article, 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.
(2)
Agreement/security. If a permittee is 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. 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 at least two years after acknowledged completion of the permitted
work.
(3)
Photo documentation. At least 15 days prior to beginning
work, the permittee shall deliver photo documentation to the Township
office verifying the preconstruction conditions within the right-of-way.
(a)
The area that will be disturbed shall be photo
documented in its entirety with color videotape or color film. Photo
documentation shall be compatible with the Township viewing equipment.
(b)
The permittee may submit color slides or color
prints in lieu of videotape or film, if each slide or print is clearly
labeled and arranged to verify the surface condition of each successive
25 linear feet of area that will be disturbed.
(c)
The date of photo documentation shall be identified
on each cartridge, reel, slide or print.
I.
Highway occupancy permit. 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 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)
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.
(5)
Additional restrictions. Work authorized by the permit
is subject to:
(6)
Work to conform to Township standards. Work shall
conform to Township standards, including the following:
(a)
The work shall be done at a time and in a manner
consistent with the safety of the public and conform to requirements
and standards of the Township, including, but not limited to PA DOT
Publication 408.
(b)
Highway materials shall be obtained from PA
DOT-approved sources which are identified in current PA DOT 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)
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
of the Township.
(d)
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 Engineer.
(7)
Permittee responsibilities. Permittee responsibilities
include the following:
(a)
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.
(b)
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 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 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
are 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.
(c)
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.
(d)
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.
(e)
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 article, and PA DOT Publication 408.
(f)
The permittee shall notify the Township office,
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.
(g)
The storage of equipment or materials within
the right-of-way is prohibited after hours of operation.
(8)
Altering drainage is prohibited. Altering drainage
shall be prohibited by the following conditions.
(9)
Equipment damaging highway. A highway shall be protected
in accordance with the following:
(a)
To protect the right-of-way, 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, 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 right-of-way area, if damaged, to its former condition.
(c)
If the equipment damages the right-of-way area,
the permittee shall restore the damaged area to its former condition
in a manner authorized by the Township.
(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.
(10)
Work zone traffic control. Maintenance and protection
of traffic shall be carried out by the permittee under 75 Pa.C.S.A.
§ 6123 (as amended), (relating to erection of traffic-control
devices while working), the approved traffic control plan and the
applicable provisions of PA DOT Chapter 203 (relating to work zone
traffic control).
(11)
Indemnification of the Township for property
and personal injury will be governed as follows:
(a)
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 article.
(b)
Upon request, the permittee shall deliver to
the Township certificates of insurance evidencing the types and amounts
of coverage specified by Township staff.
(12)
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 commonwealth, in accordance
with the following conditions:
(a)
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.
(b)
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.
(c)
Upon request, the permittee shall deliver to
the Township certificates of insurance evidencing the insurance coverage
required.
(d)
The permittee's obligations to indemnify the
Township and obtain insurance to secure indemnification and its obligations
to restore the highway and obtain a bond relating to restoration are
separate obligations from obtaining insurance for the purposes required.
(13)
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.
(14)
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 the restoration
and maintenance of the highway.
(15)
Damage to highway. Responsibility of the permittee
for restoration of the highway includes the following:
(a)
If there is a failure of the highway, 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 not 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.
(b)
In situations where the permittee has the responsibility
to restore the highway, including slope or any other 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.
(c)
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.
(16)
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 is inconsistent with the purpose
of the highway alterations.
(17)
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.
J.
Special conditions for subsurface operations.
(1)
Drilling, boring, driving or tunneling across improved
area. Drilling, boring, driving or tunneling across improved areas
shall comply with the following conditions:
(a)
When crossing under an improved area, the opening
for a utility shall be drilled, bored, driven or tunneled a minimum
depth of three feet from the surface to the top of the opening.
[1]
If the utility 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.
[2]
Jet or other non-mechanical 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 is immediately removed from the boring pit.
(b)
No openings for the purpose of placing utilities
facilities or other structures under the improved area by drilling,
boring, driving or tunneling may be made closer than three feet to
the edge of the shoulder, unless the permit authorized a lesser clearance.
(c)
A utility 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.
(2)
Trenching across the improved area. Trenching across
an improved area may be performed only when specifically authorized
by the permit, in accordance with the following:
(a)
The top of every utility shall be installed
at least three feet beneath the surface.
(b)
Trenching across the improved area may be authorized
by the permit where drilling, boring, driving or tunneling are not
feasible because:
[1]
The subsurface is solid rock, as documented
with satisfactory evidence such as drill records, or where boring
was attempted without success.
[2]
There are other facilities located longitudinally
under the improved area and their location precludes methods other
than trenching, as documented with a detailed plan.
[3]
Adjacent development in a very congested urban
area makes the construction of a tunneling or boring shaft impossible.
(c)
Not required because of one of the following:
The highway is unpaved.
(d)
When trenching is authorized by the permit,
the trenching operation shall be performed by one of the following
methods:
[1]
Utility placed in one piece across highway:
[a]
Traffic shall be routed over 1/2 of the pavement
width.
[b]
The closed half of the pavement shall be opened
to the required depth and bridged with steel plates.
[c]
Traffic shall be shifted to the bridged half
of the pavement.
[d]
The remaining half of the pavement shall be
opened to the required depth.
[e]
The facility shall be placed full width.
[f]
The open trench shall be backfilled with restored
half-width in accordance with the section.
[g]
Traffic shall be shifted to the restored half
of the pavement.
[h]
The bridging shall be removed and the remaining
half of the trench shall be backfilled and restored in accordance
with this section.
[2]
Utility placed in more than one piece across
highway:
[a]
Traffic shall be routed over 1/2 of the pavement
width.
[b]
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.
[c]
Traffic shall be shifted to the restored half
of the pavement.
[d]
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 the section.
[3]
The permittee shall protect its openings to
provide for the safety of the traveling public, including motorists,
bicyclists and pedestrians.
[4]
The permit may authorize the placement at depths
less than three feet of traffic signal detectors or the highway facilities
which are not capable of operating more than three feet below the
surface.
(e)
Openings parallel to the highway. Requirements
for openings parallel to the highway are as follows:
[1]
A utility shall be placed outside the pavement
and shoulder unless there is not 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.
[2]
The top of a utility facility shall be installed
at least three feet beneath the surface.
[3]
On an unpaved highway, the near edge of the
opening shall be at least 12 feet from the general center line of
the traveled highway, or as authorized.
[4]
No opening may be made for more than 200 linear
feet at one time, unless authorized by the permit.
[5]
The permittee shall protect its openings to
provide for the safety of the traveling public, including motorists,
bicyclists and pedestrians.
(f)
Daily stoppage of work requirements. Daily stoppage
of work requirements include the following:
[1]
Except for emergency repairs of utility facilities,
work within the pavement or shoulder shall be stopped prior to peak
traffic hours that may exist on a particular highway on a particular
day and as specified in the permit.
[2]
At the end of each workday, an opening in the
right-of-way shall be addressed in one of the following ways:
[a]
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.
[b]
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 PA DOT regulations
Chapter 203 (relating to work zone traffic control) and an approved
traffic control plan until the surface is restored to its former condition.
[c]
Protected under PA DOT regulations Chapter 203
and an approved traffic control plan, if the permittee has delivered
certificates of insurance.
[3]
The permittee shall protect its opening to provide
for the safety of the traveling public, including motorists, bicyclists
and pedestrians.
(g)
Plowing of utility installations shall comply
with the following:
[1]
No plowing will be permitted within the right-of-way,
unless authorized by the permit.
[2]
Plowing operations will not be authorized in
the pavement or paved shoulder.
[3]
Plowing operations in unpaved shoulders are
not allowed from December through March, inclusive, or at other times
when there is frost in the top three feet beneath the surface.
[4]
No plowing is authorized within three feet from
the edge of the pavement. A greater distance shall be attained whenever
possible.
[5]
The opening shall be a minimum depth of three
feet. If this depth cannot be consistently maintained, the proper
depth shall be achieved by trenching.
[6]
The utility shall be installed under any structures
that are less than three feet deep. Disturbed structures shall be
repaired or replaced by the permittee.
[7]
The disturbed area shall be restored in conjunction
with the plowing operation. Heaved surfaces shall be scarified to
a depth of at least four inches, extending at least one foot on either
side of the heaved area for the entire length of heaved area. The
disturbed area shall then be graded, backfilled where necessary, and
compacted until the disturbed area is restored to a condition at least
equal to that which existed before plowing. Disturbed shoulders shall
also be restored.
(h)
Disposition of materials. The responsibility
of the permittee for disposition of materials is as follows:
[1]
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.
[2]
The permittee is responsible for controlling
dust conditions created by its own operations.
[3]
Excess material and material that is not suitable
for backfill shall be promptly removed and properly disposed of outside
the right-of-way as the work progresses.
[4]
Other material shall be stored so that there
will be no interference with the flow of highway drainage.
[5]
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.
[6]
The Township may authorize the permittee to
restore the pavement or shoulder from superficial surface damage with
a seal coat or surface treatment.
(i)
Backfilling. An opening shall be backfilled
by the permittee in accordance with the following:
[1]
The opening may first be backfilled with fine
aggregate material, meeting the requirements of PA DOT regulations,
§ 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. To help protect
its facility from future excavations, the permittee is encouraged
to place a permanent colored ribbon under subsection 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.
[2]
The opening shall then be backfilled with 2A
modified.
[3]
Backfill shall be compacted as follows:
[a]
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.
[b]
Existing pavement elevation. Compaction shall
be completed to the bottom elevation of the existing pavement.
[4]
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.
[5]
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 cut back of the surrounding surface.
(j)
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 PA DOT regulations, § 401.3 (f) of Publication
408.
[2]
The base course shall consist of bituminous
concrete meeting the requirements of PA DOT regulations, § 305
of 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 ID-2 material
meeting the requirements of PA DOT regulations, § 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 ID-2 material
meeting the requirements of PA DOT regulations, § 420 of
Publication 408; material meeting the requirements of PA DOT regulations,
§ 422 of Publication 408. The wearing course shall have
a minimum depth of one-and-one-half-inch ID-2 or a depth equal to
the existing wearing course, whichever is greater.
(k)
Temporary pavement restoration of a pavement
or paved shoulder may be required by the Township office prior to
permanent restoration, under the following:
[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.
(l)
Appurtenances to underground installations.
Requirements relating to appurtenances to underground installations
shall include:
[1]
The top of every manhole, valve box or other
access to the facility shall be approximately one inch below the surface
in which it is located.
[2]
The surface surrounding manhole covers, valve
boxes, or other facility located in paved shoulders shall be paved
with five inches bituminous concrete base course a distance of at
least two feet around the structure to prevent washouts.
[3]
A manhole, including those cast in place, shall
be constructed in compliance with current industry standards and PA
DOT regulations § 713.2 (c) of Publication 408.
(m)
Additional restoration shall be required as
follows:
[1]
Disturbed portions of the highway, including
but not limited to slopes and appurtenances and structures, such as
guide rails, curbs, signs, markings, drain pipes, driveways 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 require, upon written notification,
to restore the structural integrity of the pavement or shoulder.
[2]
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.
[3]
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.
[4]
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 ride ability or structural integrity of the pavement has
been impaired by the openings.
[5]
Aggregate used in a bituminous overlay wearing course shall comply with skid resistance level (SRL) criteria specified in PA DOT regulations, Design Manual, Part 2, Chapter 11.
[6]
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.
[7]
At each end of an overlay, the permittee shall
install a paving notch, under PA DOT regulations, Roadway Construction
Standard RC-28, by milling, planning or other authorized method and
provide a minimum ten-foot transition.
[8]
The transition areas at each end of an overlay
shall follow the contour of the surrounding surface.
[9]
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 PA DOT regulations § 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.
[10]
Sealing. Restored openings in the pavement or
paved shoulder shall be sealed using rubberized sealer under PA DOT
regulations § 401.3(j)(3) of Publication 408 in the case
of bituminous concrete or PA DOT regulations, § 501.3(n)
of Publication 408 in the case of cement concrete.
[11]
Pavement marking shall be restored using epoxy
paint for straight lines and thermoplastic paint for arrows, "onlys,"
stop bars, etc.
K.
Special conditions for aboveground facilities.
(1)
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.
(2)
Location of aboveground facilities.
(a)
New poles and other aboveground facilities shall
be installed outside the highway clear zone as near the right-of-way
line as practicable, under the permit and applicable provisions of
PA DOT regulations, Design Manual, Parts 2 and 5.
(b)
Replacement of poles and other aboveground facilities
shall comply with the permit and applicable provisions of PA DOT regulations,
Design Manual, Part 5.
(c)
Installation of poles and other aboveground
facilities in locations where highway guide rail or curb exists shall
comply with the permit and applicable provisions of PA DOT regulations,
Design Manual, Parts 2 and 5.
(d)
Installation of poles, guys and other aboveground
facilities shall comply with applicable provision of the Federal Highway
Program Manual, Volume 6, Chapter 6, Section 3; the A.A.S.H.T.O. Policy
of the Accommodation of Utilities on Freeways; and PA DOT regulations,
Design Manual, Part 5.
(3)
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.
(5)
Identification of poles. A pole shall bear the name
or initials of the facility owner and the pole number assigned by
the facility owner.
(6)
Seismograph-vibriosis method. Seismograph-vibriosis
method shall comply with the following:
(a)
Seismograph operations by other than vibriosis
method will not be permitted.
(b)
A permit will not be issued to authorize seismograph
operations within limited access highway right-of-way.
(c)
Wherever possible, seismograph operations shall
be performed entirely off the pavement and shoulder to lessen interference
to traffic.
(7)
Modular concrete replacement units, metal reinforcing
collars and similar devices.
(a)
Modular concrete replacement units, metal reinforcing
collars and similar devices may not be placed in Township right-of-way
unless located:
[1]
Thirty feet or more beyond the edge of pavement under PA DOT regulations, Design Manual, Part 2, Chapter 12.
[2]
At the top of a slope (2:1 or greater) or at
least eight feet beyond the toe of the slope.
[3]
Beyond parallel drainage ditches.
[4]
Beyond the specified deflection distance for
the type guide rail in front of the location, under PA DOT regulations,
Design Manual, Part 2.
(b)
No permit will be issued for the placement of a new facility, or for the repair, modification, reinforcement or replacement of an existing facility, by modular concrete replacement units, metal reinforcing collars or similar devices unless the facility is located in compliance with Subsection K(7)(a).
L.
Bridge occupancy. License required. No person may
attach a utility facility to Township bridge or modify an existing
facility until the owner of the utility facility has obtained a permit
from the Township.
A.
General rule. Violation of this article 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)
The Township may revoke of the applicant's permit
or emergency permit card.
(3)
The applicant may be required to remove facilities
installed without a permit or in violation of the provisions of this
article.
(4)
Fines, imprisonment or other penalties may be imposed.
(5)
The Township may take other action as may be deemed
necessary or proper after consultation with the Township Solicitor.
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 article, 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 of
a fee authorized by the Schedule of Fees, including default of the
check submitted for payment.
C.
Modification of conditions.
(1)
General rule. When a term or condition of this article
cannot be met, an applicant may request, in writing, that the Township
modify that term or condition if it is not required by law, under
the following:
(a)
The applicant has done all that can reasonably
be done to comply with the term or condition.
(b)
The proposed modification satisfies the intent
of the term or condition to be modified.
(c)
The proposed modification represents the minimum
feasible deviation from the term or condition to be modified.
(d)
The reason for the requested modification is
infeasibility of meeting the exact terms or conditions of this article
rather than mere economic benefit to the applicant.
(2)
Modification granted. If a requested modification
is granted, the permit will specify the allowable modification. A
permit issued under authority of this section shall be signed only
by the Director of Public Works or Township Manager. The granting
of a modification will be predicated on the applicant's complying
with the following:
(a)
Unless the applicant is excused in writing,
executing a hold harmless and indemnity agreement acceptable to the
Township.
(b)
Unless the applicant is excused in writing,
obtaining bonds satisfactory to the Township to guarantee highway
restoration and maintenance costs.
(c)
Unless the applicant is excused in writing,
obtaining public liability insurance for personal injury and property
damage on behalf of the Township, its officers, agents and employees,
in a form and amount acceptable to the Township for the life of the
facility.
(d)
Permit conditions, which may include use restrictions,
special traffic control devices or safety features.
(e)
Third parties. The modification of a term or
condition by the Director of Public Works does not create rights in
a third party, nor does a waiver act as a modification of the common
law duty of the applicant to relocate its facilities upon demand by
the Township to another location within the right-of-way at the sole
cost of the applicant.
Prior to any excavation, the pavement shall
be cut vertically and in a straight line, preferably with a pavement
saw, equal to the width of the trench. The trench shall be as narrow
as possible to provide adequate working space, but shall not exceed
the outside diameter of the barrel of the pipe plus 16 inches. Side
walls of the trench shall be as nearly vertical as possible.
A.
Must be in accordance with PA DOT Publication 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 within 30 days
of invoice.
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.
A.
B.
As an alternative, the Township will accept suitable
material, as defined by PA DOT Publication 408, to be used as backfill
in new road construction only with the following conditions: If 2A
modified stone is not used, the construction and the backfill will
be subject to full-time inspection by the Township Inspector as well
as full-time soil compaction tests by an independent soil scientist,
all at the expense of the owner/developer/contractor.
C.
Sanitary sewer.
(1)
Any sanitary sewer that is constructed within the
legal right-of-way of any existing road shall be backfilled with a
minimum of two feet of No. 8 stone over the pipe then backfilled with
2A modified stone to the subgrade of the road.
(2)
Within the cartway of a new road, a minimum of two
feet of No. 8 (1/2 inch, clean) stone must be placed over the pipe,
2A modified stone shall then be placed to the subgrade of the road.
As an alternative, the pipe may be backfilled with No. 8 clean stone
two feet above the pipe, and the balance of the backfill may be suitable
material as defined by PA DOT regulations, Publication 408. If 2A
modified stone is not used, the construction of the sanitary sewer
and backfill will be subject to full-time inspection by both the Sewer
Authority and the Township Inspector as well as full-time soil compaction
tests by an independent soil scientist.
(3)
Compaction. After the pipe has been placed and properly
bedded and backfilled with approved material by the Township to a
depth of two feet above the top of the pipe in accordance with the
job requirements and specifications, the remainder of the trench shall
be backfilled in eight-inch-maximum layers to within six inches of
the pavement surface. Each layer shall be compacted to a density equal
to the requirements of PA DOT regulations, Publication 408, and shall
be inspected and confirmed by approved testing devices. Tamping shall
be done with mechanical equipment, tamping rollers or vibrating compactors,
depending upon field conditions. Of more importance is that it be
done carefully to ensure a thoroughly tamped backfill. The last 2 1/2
inches shall be cold-patched until final restoration. Compaction by
puddling or jetting with water shall not be permitted or acceptable.
A.
Prior to placement of the subbase and pavement, the
existing pavement and base course shall be cut back 12 inches from
the edge of the trench. The cut shall be vertical and to a straight
line. Streets with asphalt pavement surfaces shall be cut with a pavement
saw.
(1)
Transverse trenches.
(a)
The permanent pavement replacement on all transverse
trenches (trenches crossing the normal direction of traffic) shall
consist of a five-inch-thick bituminous concrete base course, a two-inch
ID-2 binder course, and a one-and-one-half-inch-thick ID-2 bituminous
wearing course, all in accordance with PA DOT regulations, Publication
408.
(b)
After the BCBC has cooled and set up, and immediately
prior to replacement of the surface course, the vertical surfaces
of the existing pavement and the surface of the base course shall
be sprayed or painted with a tack coat of type No. 1 emulsified asphalt.
Application shall be in accordance with PA DOT regulations § 460.3,
Publication 408.
(c)
The surface course shall be properly placed
and compacted with a ten-ton roller even with the existing road surface.
(d)
The joint between the new paving and the existing
paving shall be sealed with an application of Class BM-1 petroleum
asphalt.
(2)
Longitudinal trenches. The permanent pavement replacement
on all longitudinal trenches (trenches parallel to the normal direction
of traffic) shall consist of a five-inch-thick bituminous concrete
base course, a two-inch ID-2 binder course, and a one-and-one-half-inch-thick
ID-2 bituminous wearing course, all in accordance with PA DOT regulations,
Publication 408. All other requirements shall be as specified for
transverse trenches.
B.
Road restoration. If a utility project (installation)
is being done in conjunction with a road reconstruction project, the
Sewer Authority and the Public Works Director shall coordinate the
restoration work.
In order to receive a certificate of completion,
the following work items must be inspected during construction.
[Adopted 12-14-1987 by Ord. No. 100; amended in its entirety 9-26-2011 by Ord. No. 11-249]
A.
When not inconsistent with the context, words used in the singular
include the plural, and words in the plural include the singular,
and words used in the present tense include the future. The word "shall"
is always mandatory.
B.
PERSON or PERSONS
SIDEWALK
SIDEWALK AREA
STREET
TOWNSHIP
The following words, terms and phrases as used in this chapter shall
have the meanings given herein:
Any individual or individuals, corporation, partnership,
association, company or organization that is the owner, tenant, occupant
or occupiers of occupied property or premises or the person in charge
of unoccupied property or premises and vacant ground within the Township.
The footway or that part of the sidewalk area that is paved.
The area between the curbline and the side of the right-of-way.
Any highway or street (public or private) within the Township
of Montgomery opened for public use.
The Township of Montgomery, Montgomery County, Pennsylvania.
The allowance or permitting of or the causing of snow or ice
to lie upon, remain upon or be piled or accumulated upon the sidewalks,
or to shovel, plow, throw or otherwise deposit snow or ice into or
upon any street within the Township in a manner which allows the snow
or ice to remain on such street of the Township shall constitute a
public nuisance.
It shall be the duty of all persons (as defined in this article),
not later than 24 hours after snow or ice has ceased to fall or the
formation of ice, to clear or cause to be cleared a pathway on the
sidewalk of their respective properties or sidewalks on land abutting
their property (either in the front, rear or sides of the property)
in the event of snow, ice or the formation of ice, in accordance with
this article. Such pathway shall not be less than 30 inches in width
and shall be thoroughly cleared to that extent of snow and ice or
other obstructions within 24 hours after snow or ice has ceased to
fall or the formation of ice.
A.
Snow or ice removed from sidewalk areas shall be placed on the abutting
property.
B.
If there shall be an excessive amount of snow or ice, and there is
no longer any place on the abutting property to shovel the snow, then
it may be placed along the curbline. It is hereby declared to be unlawful
to shovel, plow, throw or deposit snow or ice into or upon any street
within the Township in a manner which allows the snow or ice to remain
on such street.
C.
Should the snow or ice on the sidewalk be frozen so hard that it
cannot be removed without injury to the pavement or damaging the base
of the footpath, the person charged with the responsibility of the
snow and ice removal shall cause the area abutting or adjacent to
the sidewalk to be thoroughly cleared of snow and ice or covered with
salt or sand or similar substance or material.
D.
It shall be illegal to throw or pile any snow around or upon any
fire hydrant.
No person, in removing or causing to be removed snow or ice
from the sidewalks, in accord with this article, or otherwise, shall
throw or cause to be thrown or blown snow or ice into the abutting
street but shall throw or cause to be thrown or blown such snow into
the area inside the sidewalk lane or between the sidewalk and the
curb or otherwise dispose of and remove said snow.
The owner, developer, or general contractor of all undedicated
streets in the Township is hereby required to have such streets kept
clear of snow or ice, or the formation of ice, in accord with this
article. If such undedicated streets are in a development, the owner,
developer, or general contractor shall have the sidewalks and pavements
abutting any homes in the development that have not been sold or rented
by the owner, developer or general contractor, as well as the undedicated
streets, at all times kept clear of snow or ice, or the formation
of snow, in such a manner that the streets, sidewalks and pavements
shall be safe for pedestrian and vehicular traffic in accord with
this article.
The enforcement of this article shall be the responsibility
of the Code Enforcement Officer or Police Department as a public nuisance.
[Amended 3-26-2012 by Ord. No. 12-256]
Any person, firm or corporation cited for violating any portion
of this article shall be issued a fine not to exceed $600 per violation.
Enforcement shall be by a civil enforcement proceeding before a District
Justice, in accordance with the Second Class Township Code, as amended.
The Township shall initiate the civil enforcement proceeding by complaint
or by such other means as may be provided by the Pennsylvania Rules
of Civil Procedure. In addition to or in lieu of civil actions before
a District Justice, the Township may also enforce this article in
equity. In such an enforcement proceeding, any person, firm or corporation
determined by the District Justice to have violated this article shall
be liable for the initial fine imposed, as well as additional daily
fines for continuing violations, including failure to timely pay,
all court costs and reasonable Township fees, including attorney fees,
incurred by the Township in the enforcement proceeding. A separate
violation shall arise for each day or portion thereof in which a violation
is found to exist or for each section of this article which is found
to have been violated. All fines and penalties collected for the violation
this article shall be paid to the Township Treasurer.
