[Adopted 8-17-2015 by Ord. No. 297-2015[1]]
[1]
Editor's Note: This ordinance also provided for the repeal
of former Art. I, Street Openings, adopted 6-14-1974 by Ord. No. XXIII,
as amended.
B.
It is in the public interest to regulate the location and construction
of utility facilities, other structures, and excavations and openings
within the Township street right-of-way for the purpose of ensuring
the structural integrity of the street, economy of maintenance, preservation
of proper drainage and safe and convenient passage of traffic.
C.
ACKNOWLEDGEMENT OF COMPLETION
APPLICANT
BACKFILL
BOARD OF SUPERVISORS
CALENDAR YEAR
CLEAR ZONE
CONCRETE
COST
EMERGENCY
EXCAVATION
IMPROVED AREA
MUNICIPAL AUTHORITY
PAVEMENT
PENNDOT
PERMITTEE
PERSON
POLICE DEPARTMENT
PUBLICATION 213
PUBLICATION 408
PUBLIC UTILITY
SECOND CLASS TOWNSHIP CODE
SELECT GRANULAR MATERIAL or 2 RC
SIDEWALK AREA
STREET
SUITABLE MATERIAL
TOWNSHIP
The following words and phrases, when used in this article, shall
have the meanings ascribed to them in this section:
The date on which the Township records that permitted work
appears to be completed under the permit and this article.
Any person who makes application for a permit. For the purposes
of this article, any public utility company or municipal authority
required to obtain a permit shall be considered the applicant. An
application shall not be submitted in the name of contractors of the
public utility company or municipal authority.
Material used to replace or the act of replacing material
removed during construction.
The Board of Supervisors of Mount Joy Township.
January 1 through December 31, inclusive.
The portion of right-of-way beyond the pavement edge within
which, under PennDOT Design Manual, Part 5, no new obstructions may
be located.
Soil cement, plain cement concrete or reinforced cement concrete.
Actual expenditures incurred by the Township for labor, equipment
and materials, including, without limitation, all fringe benefits
and overhead.
An unforeseen circumstance which calls for immediate action
to protect or safeguard life or property or for the restoration or
continuance of a public utility or other public service. The term
includes, but is not limited to, damage resulting from a vehicle accident
or collision with a facility, a failed component or storm damage.
The term does not include service connections or disconnections unrelated
to a vehicle accident, a failed component or storm damage.
Any activity within the right-of-way of any street which
involves cutting, breaking, crossing (either laterally or longitudinally),
drilling, grading, digging, or disturbing the earth or other material
making up the surface or subsurface of any street. In this article,
the term "opening" shall have the same meaning as excavation.
The area within the right-of-way which has been constructed
for street purposes, including roadbed, pavement, shoulders, slope,
sidewalks, drainage facilities and other appurtenances.
Any municipal authority created, in whole or in part, by
the Board of Supervisors under the Municipality Authorities Act (53
Pa.C.S.A. § 5601 et seq.) to administer a revenue-producing
public enterprise.
The combination of subbase, base course and surface course
placed on a subgrade to support the traffic load or distribute it
to the roadbed, or both. The term normally includes the traveled portion
of the street and extends to the face of the curb in a curbed section.
The term does not include shoulders.
The Pennsylvania Department of Transportation or any agency
successor thereto.
Any applicant who has been issued a permit and who shall
have, by acceptance thereof, agreed to fulfill all provisions of this
article.
Any natural person, partnership, firm, association, corporation,
municipal authority or similar entity.
The Northwest Regional Lancaster County Police Department
or any successor municipal or multimunicipal police department having
jurisdiction within the corporate boundaries of the Township.
PennDOT Publication 213, Temporary Traffic Control Guidelines.
PennDOT Publication 408, Specifications.
Any utility company, excluding municipal authorities, licensed
by the Public Utility Commission of the Commonwealth of Pennsylvania.
The Act of May 1, 1933 P.L. 103, No. 69, as reenacted and
amended by the Act of November 9, 1995, P.L. 350, No. 60, as amended.[2]
A material meeting specifications in Section 703.3 of Publication 408, when placed and compacted under § 116-4F.
That portion of the street right-of-way reserved for sidewalks.
A public street, public easement, right-of-way, public highway,
public alley, public way or public road accepted or maintained by
the Township, or open for travel and use by the public whether or
not so accepted or maintained, including the entire area within the
right-of-way thereof.
Soil, granular material or shale meeting specifications in Section 206.2 of Publication 408, when placed and compacted under § 116-4F.
The Township of Mount Joy, Lancaster County, Pennsylvania,
or any individual authorized by the Board of Supervisors to act on
behalf of the Township.
[2]
Editor's Note: See 53 P.S. § 65101 et seq.
D.
The language set forth in the text of this article shall be interpreted
in accordance with the following rules of construction:
(1)
Words used or defined in one tense or form shall include other tenses
or derivate forms.
(2)
Words in the singular number shall include the plural number, and
words in the plural number shall include the singular number.
(3)
The masculine gender shall include the feminine and neuter. The feminine
gender shall include the masculine and neuter. The neuter gender shall
include the masculine and feminine.
(4)
The words "shall," "must" and "will" are mandatory in nature and
establish an obligation or duty to comply with the particular provision.
The words "may" and "should" are permissive.
(5)
The time within which any act required by this article is to be performed
shall be computed by excluding the first day and including the last
day. However, if the last day is a Saturday or Sunday or a holiday
declared by the United States Congress or the Pennsylvania General
Assembly, it shall also be excluded. The word "day" shall mean a calendar
day, unless otherwise indicated.
(6)
References to officially adopted regulations, standards, or publications
of other governmental agencies shall include the regulation, publication,
or standard in effect on the date when a permit application is first
filed. It is the intent of the Township in enacting this section to
incorporate such changes to statutes, regulations, and publications
to the extent authorized by 1 Pa.C.S.A. § 1937.
A.
When required.
(2)
Any person working in the vicinity of a street who in any manner
disturbs such street or who in any manner causes damage to a street
shall be required by this article to obtain a permit and to correct
such damage in accordance with the standards of the Township.
(3)
Any person maintaining pipes, lines or other underground facilities
in or under the surface of any street may proceed with an excavation
without first obtaining a permit when emergency circumstances demand
the work to be done completely, provided the permit could not be reasonably
and practically have been obtained beforehand. The person shall thereafter
apply for a permit within five days after completion of the work.
In all cases where emergency excavations are necessary, the Police
Department shall be notified prior to such excavation.
(4)
A permit application is not required for modifying parts of existing
permitted facilities if no surface excavation is required, such as
cable within an existing conduit, cross arms or transformers on poles,
or accessing an existing utility facility through a manhole.
(5)
The obtaining of street excavation permits by Township departments
shall not be required when work is to be performed by Township personnel.
B.
Required application information. A permit application:
(1)
Shall be submitted in person or by mail on a properly completed form
prescribed by the Township.
(2)
Shall be signed by the applicant.
(3)
Shall include at least four sets of plans detailing the location
and pertinent horizontal and vertical dimensions of the excavation,
the proposed utility installation and related street features, including
specific street location, center line, edges of pavement, outside
edges of shoulders, curbing, guide rail, street drainage structures
and right-of-way lines.
(4)
Shall be accompanied by the fees, payable to Mount Joy Township,
as follows:
(a)
Permit application fee. Application fees are charged to defray
cost incurred by the Township in reviewing and processing the application
and plans, including the preliminary review of the site location identified
in the application, whether or not a permit is issued and processed.
The application fee shall be in accordance with PennDOT regulations
as required by Section 2322 of the Second Class Township Code.
(b)
Inspection fee. General inspection fees are charged to defray
costs incurred by the Township in spot inspections of permitted work
or subsequent inspections after the permitted work has been completed
and to monitor compliance with the permit. The inspection fee shall
be calculated in accordance with Penn DOT regulations as required
by Section 2322 of the Second Class Township Code. The area computed
for the inspection fee and the inspection fee shall be based on the
actual size of the excavation, including any pavement that must be
removed to enable an overlap of surface course on the existing base
course.
(c)
Degradation fee. Degradation fees are charged to defray a percentage
of the costs for resurfacing and/or reconstruction of Township streets
resulting from the depreciation of streets associated with street
excavations. The degradation fee shall be set by resolution by the
Board of Supervisors.
(5)
Shall be submitted to the Township at least 30 days prior to the
anticipated start of work. If the permitted work will 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 the permittee may notify bidders of
permit requirements.
(6)
Shall identify consulting engineers performing work related to the
application.
C.
Plans for occupancy of the pavement or shoulder. In addition to Subsection B, a permit application for occupancy of the pavement or shoulder shall include detailed plans which comply with the following:
(1)
Plans depicting excavation 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. Plans depicting other occupancy of the pavement
or shoulder shall specify dimensions from the near edge of the pavement.
(2)
Plans depicting excavation of more than 100 linear feet of pavement
or shoulder shall identify utility facilities and other structures
within the right-of-way that will be affected by the proposed excavation
and shall include typical cross sections at each significant change
in street cross-section features.
(3)
Plans depicting installation of a facility longitudinally within
more than 100 feet of pavement or shoulder, or both, shall verify
there is no feasible space outside the pavement or shoulder available
for placing the facility.
(4)
A traffic control plan shall be submitted if it is necessary to close
a portion of a travel lane or the entire street. Traffic control plans
shall consist of one of the following:
(a)
A reference to specific figures in Publication 213 if the referenced
figures properly depict actual site conditions and address the necessary
traffic control.
(b)
Copies of figures from Publication 213 which have been modified
to depict actual site conditions and the necessary traffic control
for the specific project.
(c)
Copies of a detailed drawing showing actual site conditions
and the necessary traffic control requirements for the specific project.
D.
Permit limitations.
(1)
No permittee shall permit any of the work authorized by such permit in any amount greater than that specified in the permit, except as provided in Subsection D(2) below.
(2)
Where the permittee desires to perform additional work not in excess
of an amount greater than 10% of the amount specified in the permit,
the permittee may apply to the Township for an amended permit for
the additional work. If the additional work desired to be performed
exceeds 10% of the amount specified in the original permit, an application
for a new permit shall be made. Any deposit or bond posted in connection
with the original permit shall be deemed to cover any such additional
work as may be added pursuant to the issuance of an amended permit
within the limit specified herein.
E.
Commencement of work.
(1)
Work for which a permit has been issued shall commence within 30
days after the issuance of the permit.
(2)
If work has not commenced within 30 days after issuance of the permit,
the permit shall be terminated automatically, unless the permittee
applies for an extension of time within which to commence work. If
such an extension is granted, the original permit shall remain in
force for the period of time specified in the extension.
(3)
Permits which terminate by reason of failure to commence work within 30 days after issuance or within any time extension granted under Subsection E(2) may be renewed only upon the payment of an additional permit fee as originally required.
(4)
Permits shall be issued for a period not to exceed one year.
(5)
Any application to renew an expired permit shall be treated as a
new application, including the payment of a new permit fee.
G.
Expiration of permits.
(1)
Every permit shall expire at the end of the period of time which
shall be set out in the permit.
(2)
If the permittee shall be unable to complete the work within the
specified time, the permittee shall, prior to expiration of the permit,
present, in writing, to the Township a request for an extension of
time setting forth the reasons for the requested extension. If the
Township finds that the failure to complete the work under the permit
within the time specified therein was due to circumstances reasonably
beyond the control of the permittee and that an extension of time
to complete the work under the permit is necessary and not contrary
to the public interest, the permittee may be granted additional time
for completion of the work.
H.
Rights of Township. Every permit shall be granted subject to the
right of the Township or of any other person entitled thereto to use
the street for any purpose for which such street may lawfully be used
not inconsistent with the permit.
I.
Revocation of permits.
(1)
Any permit may be revoked by the Township, after notice to the permittee,
for:
(a)
Violation of any condition of the permit or of any provision
of this article;
(b)
Violation of any other applicable provision of any other applicable
ordinances or any law relating to the work;
(c)
Existence of any condition or the doing of any act constituting
or creating a nuisance or endangering the life or property of others.
(2)
A permittee shall be granted a period of three days from the date
of the notice to correct the violation and to proceed with the diligent
prosecution of the work authorized by the permit before the permit
is revoked.
(3)
Written notice of any such violation or condition shall be served
upon the permittee or his agent engaged in the work. The notice shall
contain a brief statement of the reasons for revoking the permit.
Notice may be given either by personal delivery to the person to be
notified or by certified or registered United States mail addressed
to the person to be notified.
(4)
When any permit has been revoked and the work authorized by the permit
has not been completed, the Township shall do or cause to be done
such work as may be necessary to restore the street or part thereof
to as good a condition as before the excavation was made. All expenses
incurred by the Township shall be recovered from the deposit or bond
the permittee has made or filed with the Township.
A.
Permit issuance.
(1)
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.
(2)
A copy of the permit and relevant plans shall be available at the
work site for review.
(3)
An applicant shall agree to save the Township, its officers, employees
and agents harmless from any and all costs, damages and liabilities
which may accrue or be claimed to accrue by reason of any work performed
under said period. The acceptance of a permit shall constitute such
an agreement by the applicant, whether the same is expressed or not.
B.
Financial security. If the 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. If security is required, it shall be delivered to the Township
in a form acceptable to the Township Solicitor and shall guarantee
restoration and maintenance of the street for a period of at least
two years after the acknowledged completion of the permitted work.
C.
General conditions. The following conditions apply to permits issued
under this article:
(1)
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 representatives of the Township or the Police Department.
(c)
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.
(d)
Responsibility for compliance with the terms of the permit may
not be assigned or transferred by the permittee without first obtaining
approval from the Township in writing. If a permit is assigned or
transferred without first obtaining approval from the Township, the
assignment or transfer is void. A facility installed under the authority
of the permit shall be subject to removal at the expense of the applicant
to which the permit was issued or its assignees, or both.
(e)
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.
(2)
Additional restrictions. Work authorized by the permit is subject
to:
(a)
Applicable laws, rules and regulations, including but not limited
to:
[3]
OSHA construction safety and health regulations at 29 CFR 1926.1
- 1926.1051.
[4]
Title VI, Civil Rights Act of 1964 (23 U.S.C. §§ 140
and 315), and implementing regulations.
[5]
The Federal Highway Program Manual - Volume 6, Chapter 6, Section
3.
[6]
66 Pa.C.S.A. §§ 2701 - 2706 (relating to railroads),
in instances where the Pennsylvania Public Utility Commission has
taken jurisdiction of a public rail-street crossing.
(b)
The rights of any person.
(c)
The conditions, restrictions and provisions of the permit.
(4)
Permittee responsibilities. Permittee responsibilities include the
following:
(a)
The permittee shall pay the costs and expenses incident to or
arising from the project, including the prescribed fees for the project,
the cost of making and maintaining temporary restoration of the disturbed
areas and making permanent restoration. The permittee shall reimburse
the Township for inspection costs which the Township deems necessary
to incur within 30 days after receipt of the Township's invoice.
(b)
In the event of failure or neglect by the permittee to perform
and comply with the permit or this article, 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.
(c)
At the end of a workday, an excavation in the right-of-way shall be covered, backfilled or protected under § 116-4F. If work is stopped on a project, other than at the end of a normal workday, the permittee shall promptly backfill the excavation 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 excavation 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 excavation in the surface to place or repair a facility or for another purpose, fails to restore a portion of the right-of-way to conform with this section and §§ 116-4 and 116-5, 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 work is performed in compliance with the
permit and this article.
(f)
The permittee shall notify the Township Engineer or his designee
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.
(5)
Altering drainage prohibited.
(6)
Equipment damaging street. A street 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 or equipment is used,
the pavement and shoulders shall be protected from equipment damage
by the use of matting or other suitable protective material, unless
the permittee requests, in writing, a waiver from the use of protective
material, thereby acknowledging its obligation and commitment to repair
or reconstruct the pavement and shoulder, if damaged, to its former
condition.
(c)
If the equipment damages the pavement or shoulders, the permittee
shall restore the damaged pavement or shoulder, or both, to its former
condition, in a manner directed by the Township.
(7)
Work zone traffic control. Maintenance and protection of traffic
shall be carried out by the permittee under 75 Pa.C.S.A. § 6123
(relating to erection of traffic control devices while working), the
approved traffic control plan and the applicable provisions of Publication
213.
(8)
Sharing facilities. Sharing facilities is encouraged and may be authorized
under one permit in accordance with the following:
(a)
Aboveground. Notwithstanding § 116-3C(1)(d), the permittee may authorize others to share and use facilities already authorized under a permit if attachments by others to its facilities are in compliance with this article and the permit.
(b)
Subsurface. The application shall identify a facility that will
be sharing a trench or structure with the facilities of the applicant.
(9)
Indemnification. 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 approval
or consent of the permittee, including a failure of the permittee
or a person to comply with the permit or this article.
(b)
The permittee shall have the Township added as an additional insured to its or its contractor's insurance policy to secure the permittee's indemnification of the Township for property damage and personal injury under this subsection. The coverage of the Township as an additional insured shall be limited to acts or omissions of the permittee or its contractor, as described in Subsection C(9)(a). The amount of insurance shall be at least $250,000 per person and at least $1,000,000 per occurrence, or other statutory limitations on damages as the General Assembly may establish. The policy shall be of a duration satisfactory to the Township.
(10)
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
in 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 the 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 streets, street 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 that the insurance coverage required under Subsection C(10)(a) and (b) has been obtained. The Township may accept a formalized plan of self-insurance as a substitute for the insurance described in this subsection.
(d)
The permittee's obligations to indemnify the Township and obtain insurance to secure indemnification under Subsection C(9) and its obligations to restore the street and obtain a bond relating to restoration under Subsection C(14) are separate obligations from obtaining insurance for the purposes required by this subsection. Obtaining insurance under this subsection does not relieve the permittee of its obligations under Subsection C(9) and (14).
(11)
Blasting. Blasting requirements include the following:
(a)
No predrilling or blasting may be performed within the right-of-way unless authorized by the permit and until the permittee provides insurance for property damage and public liability under Subsection C(10).
(b)
The blaster's license number shall be furnished upon request.
(c)
No blasting will be performed within 50 feet of the nearest
part of a bridge, box or culvert.
(12)
Maintaining structure or facility. As long as the permittee
operates and leaves in place the structure or facilities in, upon
or along the right-of-way, the permittee shall maintain and keep them
in good order and repair.
(13)
Damaged structure or facility to be repaired. If a structure or facility becomes damaged, the permittee shall promptly have it removed, repaired or otherwise made safe. The permittee is responsible for repair or restoration of the portion of the street damaged by a structure or facility. The permittee's obligation to repair or restore the street necessitated by a damaged structure or facility under this subsection is separate from the obligations to restore the street and obtain a bond relating to restoration and maintenance of the street under § 116-3B. Compliance with Subsection C(14) does not relieve the permittee of its obligations under this subsection.
(14)
Damage to street. Responsibility of the permittee for restoration
of the street includes the following:
(a)
If there is a failure of a street, including a slope or other
appurtenance thereto, in the area of the permitted work within two
years after the acknowledged completion of the permitted work and
there is no similar failure of the street beyond the area of the permitted
work, the permittee has absolute responsibility to make temporary
and permanent restoration of this area unless the permittee delivers
clear and convincing evidence to the Township demonstrating that the
street failure was caused by another person.
(b)
In situations where the permittee has the responsibility to restore the street, including slope or another appurtenance thereto, under Subsection C(14)(a), the permittee has the duty to restore the improved area in accordance with the permit. If the permittee fails to restore the improved work properly, the Township has 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 described in § 116-3B to secure restoration costs does not relieve the permittee of the restoration obligations imposed by Subsection C(14)(a) and (b), nor does it relieve the permittee of its obligations under Subsection C(9) and (10). 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 failure of the street in the permitted area occurring after the expiration of the bond, other security or agreement.
(15)
Future street changes. If, in the future, the street is altered
for public convenience or necessity, the permittee shall, at its own
cost and expense, change or relocate all or a part of the structures
or facilities authorized by the permit which interfere with the street
alterations or which are inconsistent with the purpose of the street
alterations.
(16)
Acknowledgement by inspector. Acknowledgement 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. Acknowledgement
of completion by the inspector will not act as a release of the permittee
of waiver by the Township of the right to seek performance or restitution
from the permittee.
(17)
Work hours. Work authorized by a permit shall be performed between
the hours of 7:00 a.m. and 5:00 p.m., Monday through Friday, unless
the permittee obtained written consent from the Township to do the
work at an earlier or later hour. Such permission shall be granted
only in the case of an emergency or in the event the work authorized
by the permit is to be performed in traffic-congested areas.
D.
Photo documentation. At least 15 days prior to excavating more than
500 linear feet of pavement or shoulder, or both, the permittee shall
deliver photo documentation to the Township verifying the preconstruction
condition of the pavement and shoulder surfaces in accordance with
the following:
(1)
The pavement and shoulder that will be disturbed shall be photo-documented
in their entirety in a format acceptable to the Township.
(2)
If photo-documented pavement and shoulder surface conditions or locations
are not discernible, complete or otherwise acceptable, the Township
will either return the photo documentation to the permittee for resubmission
or create its own photo documentation record and shall be reimbursed
for the costs by the permittee within 30 days after receipt of the
Township's invoice.
(3)
The data of photo documentation shall be identified with each photograph
or video.
(4)
Photo documentation of longitudinal excavations less than 500 linear
feet in pavements or shoulders is recommended to avoid responsibility
for preexisting street conditions.
E.
Work completion notification. When permitted work has been completed,
the permittee shall notify the Township in writing.
F.
The work authorized by the permit is subject to all applicable laws,
rules and regulations. The work shall be done at such time and in
such manner as shall be consistent with the safety of the public and
shall conform to all requirements and standards of the Township.
G.
In granting any permit, the Township may attach such other conditions
as may be reasonably necessary to prevent damage to public or private
property or to prevent the operation from being conducted in a manner
hazardous to life or property. The conditions may include, but are
not limited to, the following:
(1)
Limitations on the period of year in which the work may be performed;
(2)
Restrictions as to the size, weight, and type of equipment;
(3)
Designation of routes upon which materials may be transported;
(4)
Designation of the place and manner of disposal of excavated materials;
(5)
Requirements as to the laying of dust, the cleaning of streets, the
prevention of noise, and other results offensive or injurious to the
neighborhood, the general public, or any portion thereof; and
(6)
Regulations as to the use of streets in the course of work.
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 excavation for a utility
facility shall be drilled, bored, driven or tunneled a minimum depth
of three feet from the surface to the top of the excavation.
(2)
No excavations for the purpose of placing utility 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 authorizes a lesser clearance.
(3)
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 affect
future maintenance or replacement.
B.
Trenching across the improved area.
(1)
The top of every utility facility shall be installed at least three
feet beneath the surface.
(2)
Trenching across the improved area may be authorized by the permit
where drilling, boring, and driving or tunneling are:
(a)
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 within a detailed plan.
[3]
Adjacent development in a very congested urban area makes the
construction of a tunneling or boring shaft impossible.
(3)
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 street.
[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 and 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 street.
[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 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.
(4)
No more than 250 feet, measured longitudinally, shall be opened or
excavated in any street at any one time, except by special permission
of the Township. At the end of the workday, all trenches shall be
either backfilled or plated.
(5)
Pipe drains, pipe culverts, or other facilities encountered shall
be protected by the permittee.
(6)
Monuments of concrete, iron, or other lasting material set for the
purpose of locating or preserving the lines of any street or property
subdivision, or a precise survey reference point or a permanent survey
benchmark within the Township shall not be removed or disturbed or
caused to be removed or disturbed unless permission to do so is first
obtained, in writing, from the Township Engineer. Permission shall
only be granted upon the condition that the permittee shall pay all
expenses incident to the proper replacement of the monument.
(7)
All utility facilities shall be exposed sufficiently or definite
location determined ahead of trench excavation work to avoid damage
to those facilities and to permit their relocation, if necessary.
(8)
When any earth, gravel, or other excavated material is caused to
flow, roll, or wash upon any street, the permittee shall cause removal
of same from the street within four hours after deposit to permit
safe flow of traffic. In the event the earth, gravel, or other excavated
material so deposited is not removed as specified, the Township shall
cause such removal, and the cost incurred shall be paid by the permittee
or deducted from his deposit.
(9)
Access to private driveways shall be coordinated with abutting property
owners and shall be provided to said abutting property owners during
working construction operations.
(10)
The permittee shall protect its excavations to provide for the
safety of the traveling public, including motorists, bicyclists and
pedestrians.
(11)
The permit may authorize the placement at depths less than three
feet of traffic signal detectors or other street facilities which
are not capable of operating more than three feet below the surface.
C.
Excavations parallel to the street. Requirements for excavations
parallel to the street are as follows:
(1)
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.
(2)
The top of a utility facility shall be installed at least three feet
beneath the surface.
(3)
No excavation may be made for more than 200 linear feet at one time,
unless authorized by the permit.
(4)
The permittee shall protect its excavations to provide for the safety
of the traveling public, including motorists, bicyclists and pedestrians.
D.
Daily stoppage of work requirements. At the end of each workday,
an excavation in the right-of-way shall be one of the following:
(1)
Covered with steel plates or bridging over excavations 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 excavation
and shall be secured in a safe manner.
(2)
Backfilled under § 116-4F to the bottom elevation of the pavement or base course, or to the original surface elevation if outside the pavement and shoulder, and protected under Publication 213 and an approved traffic control plan until the surface is restored to its former condition.
(3)
Protected under Publication 213 and an approved traffic control plan, if the permittee has delivered certificates of insurance under § 116-3C(10).
E.
Direct burial operations. Direct burial of a utility by means of
a plow-type mechanism which breaks the ground, places the utility
line and closes the break in the ground in a single operation shall
comply with the following:
(1)
No direct burial operations will be permitted within the right-of-way,
unless authorized by a permit.
(2)
Direct burial operations will not be authorized in the pavement or
paved shoulders.
(3)
Direct burial 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 direct burial is authorized within three feet from the edge of
pavement. A greater distance shall be attained wherever possible.
(5)
The excavation 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 facility shall be installed under any structures which
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 direct burial operation. Heaved surface 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 the 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 the direct burial operation. Disturbed shoulders shall also be restored under § 116-4H.
F.
Backfilling and restoration. An excavation shall be backfilled by
the permittee in accordance with the following:
(1)
Fine aggregate. The excavation may first be backfilled with fine
aggregate material, meeting the requirements of 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.
(2)
Underground facility marking. To help protect its facility from future excavations, the permittee shall place a permanent ribbon colored under § 116-4J at least one foot above its facility. If the facility is nonmetallic, the permittee shall place a metallic ribbon at a depth from which the ribbon can be sensed by typical metal-locating equipment.
(3)
Backfill materials. The excavation shall then be backfilled with select granular material, unless retained suitable material, as defined in § 116-1C, is authorized or other coarse aggregate material meeting the requirements of Section 703.2 of Publication 408 is specified in the permit. Select granular material or other aggregate material will be required for use as backfill of excavations in pavements, paved shoulders and improved shoulders as well as unimproved shoulders within three feet of the edge of the pavement. Retailed suitable material will normally be authorized for use as backfill of excavations outside shoulders and in unimproved shoulders more than three feet outside the edge of the pavement and up to within three feet of the surface.
(4)
Backfill compaction. Backfill shall be compacted as follows:
(a)
General rule. Except as provided in Subsection F(4)(b), backfill material shall be placed in loose layers not to exceed eight inches if vibratory compaction equipment is used or as authorized under Publication 408. Each layer shall be thoroughly compacted to preclude subsidence, under Section 601.3(e) of Publication 408.
(b)
Compaction outside pavement and shoulders. At least 15 days prior to the start of work, the applicant may submit its written compaction plan to the Township requesting backfill in an excavation outside the pavement and shoulder to be placed in layers thicker than eight inches prior to compaction. The compaction plan shall include full details on equipment, materials and work methods as well as the permittee's acknowledgment of its obligation and commitment to regularly monitor the restored surface until two years after the acknowledged completion of the permitted work and to promptly correct failure of subsidence of the street. The Township may condition its approval of a compaction plan on the execution of a bond under § 116-3B if a part of the excavation is within the improved area.
(c)
Existing pavement elevation. Compaction shall be completed to
the bottom elevation of the existing pavement.
(5)
Test holes shall be backfilled, as soon as safely possible, with existing type material and other material authorized by the Township, and sealed under § 116-4M. The Township may authorize test holes in the pavement or shoulder to be restored within a one-foot cutback of the surrounding surface.
(6)
The Township shall be notified by the permittee, during the forty-eight-hour
period preceding beginning of backfilling, of the date and approximate
time at which backfilling will begin.
G.
Pavement restoration. Base and surface pavement restoration shall
be performed under this subsection and as specified in the permit.
(1)
Prior to replacement of the base course, one foot outside of each
edge of the excavation 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
excavation methods such as cutting may be authorized if the methods
result in the opened pavement having a neat, straight, vertical line.
(2)
Exposed vertical and horizontal surfaces shall be prepared under
Section 401.3(f) of Publication 408.
(3)
The pavement specifications shall be in accordance with Appendix 16 of Chapter 119, Subdivision and Land Development. Each required pavement layer shall have a minimum depth as specified in Appendix 16 of Chapter 119, Subdivision and Land Development, or a depth equal to the existing pavement, whichever is greater.
(4)
If the Township finds that paving surfaces adjacent to the street
excavations may be damaged where trenches are made parallel to the
street, or where a number of cross trenches are laid in proximity
to one another, or where the equipment used may cause such damage,
the Township shall, if the total linear length of the trench repair
exceeds 100 linear feet or exceeds 25% of the length of the street,
require a full-width overlay of the affected area. The Board of Supervisors
may authorize a contribution from the permittee for the resurfacing
of the entire roadway in lieu of patching or restoration. Such negotiations
shall be carried on and contributions agreed upon prior to issuance
of a permit.
H.
Shoulder restoration. Shoulder restoration shall be performed under
this subsection and as specified in the permit.
(1)
Paved shoulders. Paved shoulder shall be reconstructed and restored
to a serviceable condition, of the same type as existed before the
start of work, under Section 651, 653, 654, 656, 657 or 658 of Publication
408 and Roadway Construction Standard RC-25.
(3)
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 street drainage.
I.
Temporary pavement restoration. Temporary pavement restoration is permitted for emergency excavations under § 116-2A(3) and when weather conditions are such as to prevent the completion of permanent restoration of the street surface at the time backfilling is completed. When temporary pavement restoration is permitted, the permittee shall install temporary surface and maintain the temporary surface in accordance with the following:
(1)
The base shall consist of compacted select granular material with
a surface of two-inch bituminous material. If the existing pavement
structure includes a course of subbase material, it shall be required
to a depth equal to the existing course depth with material meeting
the requirements of Section 350.2 of Publication 408.
(2)
Temporary pavement 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, if it is
properly maintained.
J.
Paint identification.
(1)
Upon completion of pavement or paved shoulder restoration, the restoration
date shall be painted immediately adjacent to the restored cut but
not in an area where tires normally contact the pavement.
(2)
The painted date shall indicate the month and year numerically. The
numerals shall be six to nine inches in height.
(3)
The paint shall be color-coded as follows: blue (water), yellow (gas-petroleum),
red (electric), orange (communications) and green (sewer).
(4)
The paint shall be maintained for two years after the acknowledged
completion of the permitted work.
(5)
If the pavement or shoulder is being overlaid for more than 100 linear
feet, the Township may, upon request, exempt the permittee from complying
with this subsection.
K.
Additional restoration. Disturbed portions of the street, including,
but not limited to, slopes and appurtenances and structures such as
guide rails, curbs, signs, markings, drainpipes, 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.
Additional restoration may be required, upon written notification,
to restore the structural integrity of the pavement or shoulder.
(1)
If any settlement in a restored area occurs within a period of one
year from the date of completion of the permanent restoration, and
the permittee fails to make such correction after notification, any
expense incurred by the Township in correcting such settlement shall
be paid by the permittee or recovered from his bond, unless the permittee
submits proof satisfactory to the Township that the settlement was
not due to defective backfilling.
L.
Repairs prior to resurfacing or reconstruction.
(1)
When the Township shall propose to reconstruct or resurface any street,
the Township may give written notice of such improvement to all persons
owning property abutting the road about to be improved and to all
public utility companies and municipal authorities operating in the
Township.
(2)
If the Township gives notice under Subsection L(1), the following shall apply:
(a)
All notified persons shall complete or cause to be completed
all necessary repairs and replacement of utility mains, service under
the street and designated curb and sidewalk areas within 90 calendar
days from receipt of such notice.
(b)
Notified persons shall also complete any new installation under
the street and designated curb and sidewalk areas required for use
within a five-year period thereafter. All repairs, replacement and
new installations shall be in first-class condition so that the same
cannot reasonably be expected to require repairs or renewal within
a period of at least five years thereafter.
(c)
Upon failure of any notified person or persons to comply with
the notice from the Township to place the same in first-class condition
as hereinbefore provided, the Township shall cause existing utility
mains, service connections and/or laterals to be placed in first-class
condition as aforesaid or to be entirely removed if not used or necessary
for public convenience, whereupon the Township shall be entitled to
collect the cost of such renewals, repairs, removal or other work
from the aforesaid responsible person or persons, either by invoicing
the person or persons or, in case of water or sewer house connections,
by filing municipal liens therefor against the abutting properties
benefited by such connections.
(d)
This section shall not forbid, however, the installation by
tunneling, after successful petition to the Board of Supervisors,
of new pipes, conduits or other services or structures or the repair,
replacement or removal of those already existing in or under the portions
of such streets improved as aforesaid, in accordance with applicable
rules and regulations, upon obtaining a permit and payment to the
Township of the same fees as prescribed by the provisions of this
article for making a surface excavation in the street.
M.
Sealing. Restored openings in the pavement or paved shoulder shall
be sealed under Section 401.3(j)(3) of Publication 408.
N.
Abandoned facilities. Whenever any pipe, conduit, duct, tunnel, or
other structure located under the surface of any street is abandoned,
or the use thereof abandoned, the person owning, using, controlling,
or having an interest therein shall, within 30 days after such abandonment,
file with the Township a statement, in writing, giving in detail the
location of the structure so abandoned. Whenever there are manholes
or tunnels associated with any abandoned underground facilities, such
manholes or tunnels shall be capped at the time of abandonment and
the Township notified thereof in writing.
A.
General rule. The Township shall not issue a permit to install aboveground
facilities at a location which the Township determines to have a high
crash potential.
B.
Location of aboveground facilities. New poles and other aboveground
facilities shall be installed outside the street clear zone as near
the right-of-way line as practicable.
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.
A.
Performance bond. To guarantee proper restoration of the surface
and proper maintenance of the disturbed area, the applicant shall
provide, prior to the issuance of the permit, a bond in an amount
set forth by the Township, which shall not be less than $2,000. The
bond shall be with corporate surety guaranteeing the proper performance
of the work and the proper maintenance of the disturbed area for 24
months after the date the backfilling is completed at proper grade
and in a condition free from ridges and depressions. Utilities and
other persons who open or excavate in streets on a regular basis may,
with the permission of the Township, keep on deposit a single bond
in the amount set by the Township and applying to the work included
in all permits at any time outstanding.
B.
Maintenance bond. If, within a period of 24 months from the date the backfilling is completed, the Township determines that the backfilling, surface restoration or maintenance of the disturbed area is defective, the Township shall notify the permittee, in writing, of the defects. Promptly upon receipt of such notice, the permittee shall take immediate steps to correct such defects. If the permittee fails to take corrective action, the Township shall provide notice in accordance with § 116-6C.
C.
Default in performance. Whenever the Township shall find that a default
has occurred in the performance of any term or condition of the permit,
written notice thereof shall be given to the principal and to the
surety on the bond. Such notice shall state the work to be done, the
estimated cost thereof, and the period of time deemed by the Township
to be reasonably necessary for the completion of such work.
D.
Completion of work. After receipt of such notice, the surety must,
within the time therein specified, either cause the required work
to be performed or, failing therein, indemnify the Township for the
cost of doing the work as set forth in the notice.
If the Board of Supervisors or the officer designated to enforce
this article by the Board of Supervisors determines that a person
has committed or permitted the commission of a violation of this article,
the Board of Supervisors or such enforcement officer shall inform
such person, in writing, of the violation, shall notify such person
to cease the violation of this article and shall inform such person
that he or she must pay a civil penalty to the Township within the
range of the amounts set forth below to settle the violation. The
penalty for a first offense shall be not less than $50 and not more
than $600; the penalty for a second offense shall be not less than
$100 and not more than $600; and the penalty for a third or greater
offense shall be not less than $200 and not more than $600. If such
person fails or refuses to remit the penalty to the Township within
10 days from the date of the written notice of the violation of this
article, the Township may commence a civil enforcement proceeding
seeking penalties and costs for the violation of this article and/or
may commence an action in equity. The Township shall seek a judgment
for the penalty previously imposed, together with additional daily
penalties for continuing violations, plus all court costs, including
the reasonable attorneys' fees incurred by the Township in the enforcement
proceedings. Each day that a violation continues shall constitute
a separate violation, and each section of this article which is violated
shall constitute a separate violation. If the defendant neither pays
nor timely appeals the judgment, the Township may enforce the judgment
pursuant to the applicable rules of civil procedure.
