[HISTORY: Adopted by the Board of Supervisors
of Mount Pleasant Township as indicated in article histories. Amendments
noted where applicable.]
[Adopted 11-8-2000 by Ord. No. 80]
The following words and terms, when used in
this article, have the following meanings, unless the context clearly
indicates otherwise.
The date on which the Township records indicate that permitted
work appears to be completed under the permit.
The area surrounding the immediate area of the permitted
work which can reasonably be assumed to have been affected by the
permitted work.
Material used to replace or the act of replacing material
removed during construction.
The layer or layers of specified or selected material or
designed thickness placed on a subbase or a subgrade to support a
surface course.
A structure, including supports, erected over a depression
or an obstruction, such as water, a street or railway, which has a
track or passageway for carrying traffic or other moving loads and
having an opening measured along the center of the pavement of more
than 20 feet between supports.
The office which administers this article: the Mount Pleasant
Township Public Works Department, located at 31 McCarrell Road, Hickory,
Pennsylvania 15340.
The portion of the right-of-way beyond the pavement edge.
A structure under the pavement with an opening of 20 feet
or less measured along the center of the pavement.
Mount Pleasant Township or its representative.
To send traffic by a circuitous route around a portion of
a street that has been closed.
An unforeseen occurrence or combination of circumstances
which calls for immediate action or remedy.
A Township form used relating to emergency work.
Repair to a utility facility undertaken to repair damage
resulting from a vehicle accident or collision with the facility,
a failed component or storm damage. The term does not include service
connections or disconnections unrelated to vehicle accident, a failed
component, or storm damage.
Mount Pleasant Township Engineer.
Machinery and equipment, together with the necessary supplies
for upkeep and maintenance, and tools and apparatus necessary for
the proper construction and completion of the work.
A pavement structure which maintains intimate contact with
and distributes loads to the subgrade and depends on aggregate interlock,
particle friction and cohesion for stability.
A mixture of cement, water and sand.
The area within the right-of-way which has been constructed
for street purposes, including roadbed, pavement, shoulders, slopes,
sidewalks, drainage facilities and other appurtenances.
The Township's authorized representative assigned to inspect
permit operations.
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.
A street occupancy permit form issued by Mount
Pleasant Township Public Works Department under this article.
An authorization to occupy a street right-of-way
when a utility facility relocation is required by a street construction
project, granted either by written agreement or by a street occupancy
permit.
A natural person, firm, copartnership, association, corporation,
or authority.
Drawings which show the location, character and dimensions
of the proposed occupancy and related street features, including layouts,
profiles, cross sections and other details.
Direct burial of a utility line by means of a plow-type mechanism
which breaks the ground, places the utility line and closes the break
in the ground in a single operation.
A Pennsylvania Department of Transportation publication containing
the street construction specifications, as supplemented.
The area which has been acquired by the Township for street
purposes.
A pavement structure which distributes loads to the subgrade
having as one course a portland cement concrete slab of relatively
high bending resistance.
The graded portion of a street within top and side slopes,
prepared as a foundation for the pavement and shoulder.
A thin treatment consisting of bituminous or other approved
material, usually with cover aggregate, applied to a surface course.
A material meeting specifications in Section 703.3 of Department
of Transportation Publication 408.
The existing improved or graded portion of the street, contiguous
to the traffic lanes, for accommodation of stopped vehicles, for emergency
use, or for lateral support of base and surface courses of pavements.
Any public street, alley or other thoroughfare located in
Mount Pleasant Township and established for the use of vehicles and
pedestrians.
The layers of specified or selected material of designed
thickness placed on a subgrade to support a base course.
The top surface of a roadbed upon which the pavement structure
and shoulders including curbs are constructed.
Soil, granular material or shale meeting specifications in
Section 206.2 of Publication 408.
An amendment to a street occupancy permit.
One or more layers of a pavement structure designed to accommodate
the traffic load, the top layer of which resists skidding, traffic
abrasion, and the disintegrating effects of climate. The top layer
is sometimes called the "wearing course."
An application of bituminous material to an existing surface
to provide bond with a superimposed course.
An exploratory opening of less than 100 square inches.
Mount Pleasant Township.
A person owning a utility facility including any wholly owned
or controlled subsidiary.
Privately, publicly or cooperatively owned lines, facilities
and systems for producing, transmitting or distributing communications,
power, electricity, light, heat, gas, oil, crude products, coal, water,
steam, waste, stormwater not connected to the Township drainage facilities,
and other similar commodities, including fire and police signal systems
and streetlighting systems, which directly or indirectly serve the
public or any part thereof.
Every device which is or may be moved or drawn upon a street.
It is in the public interest to regulate the
location and construction of facilities and other structures within
the Township streets and rights-of-way for the purpose of ensuring
the structural integrity of the street, economy of maintenance, preservation
of proper drainage and safe and convenient passage of traffic. Nothing
contained herein is intended to relax existing safety requirements
under local, state and or federal law.
A.
It shall be unlawful, except as provided in Subsection A(1) through (3), for work to 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 Mount Pleasant Township.
(1)
A permit application is not required for modifying
parts of existing permitted facilities, such as cable within conduit,
cross arms or transformers on poles, or manhole riser rings prior
to roadway resurfacing, if no surface opening is required.
(2)
Permit applications are not required for stringing
overhead utility lines.
(3)
Permit applications are not required for accessing
an existing utility facility through a manhole.
B.
Permit applications.
(1)
All applications shall be submitted in the name of,
and executed by the owner or a legal representative in case of a corporation.
An application may not be submitted in the name of contractors of
the owner or operator.
(2)
An applicant under this article shall provide satisfactory
evidence to the Township of ability to completely discharge construction,
maintenance and financial duties imposed by this article. An applicant
shall provide satisfactory evidence that the proposed application
will not be inconsistent with the structural integrity of the right-of-way,
the Township's maintenance responsibilities, or the safe and convenient
passage of traffic. The Township may require security, including but
not limited to:
(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 restoration of the permitted
area in a manner satisfactory to the Township for a period of at least
two years after the acknowledged completion of the permitted work.
(d)
Depositing sufficient currency in an escrow account acceptable to the Township to fully secure the obligations in Subsection B(2)(c) as an alternative to the obtaining of the surety bonds.
(e)
The use of bonded contractors as well as consultants
and engineers having professional liability insurance.
(3)
An applicant shall submit a detailed traffic control
plan for permitted work.
(4)
The permit is nontransferable.
A permit application shall be submitted to Mount
Pleasant Township, 31 McCarrell Road, Hickory, Pennsylvania 15340
during normal working hours. The permit application shall be submitted
at least 30 days prior to the anticipated start of work.
A.
Required permit application information:
(1)
Shall be submitted in person or by mail on a properly
completed Township street opening permit form.
(2)
Shall be signed by the applicant.
(3)
Shall include at least two sets of plans, detailing
the location and pertinent horizontal and vertical dimensions of the
opening, the proposed installation and related street features, including
specific street location, center line, edges of pavement, outside
edges of shoulders, curbing, street drainage structures and right-of-way
lines.
(4)
Shall be accompanied by a check or money order, payable
to the Township in the appropriate amount, as set forth in the schedule
of fees for street opening permits.
(5)
Shall identify consulting engineers performing work
related to the application. The consulting engineer shall also sign
the application.
B.
Plans depicting occupancy of more than 200 feet of
payment or shoulder, or both, shall have a horizontal scale of one
inch equal to 50 feet. Plans depicting other occupancy of the pavement
or shoulder shall specify dimensions from the near edge of the pavement.
C.
Plans depicting installation or replacements of a
facility involving more than 100 feet of pavement or shoulder opening
shall identify utilities and other structures within the right-of-way
that will be affected by the proposed occupancy, and shall include
typical cross sections at each significant change in street cross-section
features.
A traffic control plan shall be submitted with
the application in the following manner:
A.
The applicant shall submit a traffic control plan
for the Township approval whenever it will be necessary to close a
portion of a travel lane during active work in progress, or during
hours of darkness without work in progress and or whenever it will
necessary to completely close a street to perform the permitted work.
B.
A traffic control plan shall clearly indicate how
the work area, vehicular and pedestrian traffic will be protected,
maintained and controlled.
C.
Two copies of a detailed drawing, showing actual site
conditions and the necessary traffic control requirements for the
specific project shall be submitted.
The applicant is responsible for the accuracy
of the information submitted to the Township, including the application,
plans, drawings, reports and correspondence.
A.
Penalty for falsifying application. Information provided
in applications shall be accurate. The Crimes Code in 18 Pa.C.S.A.
§ 4904 (relating to unsworn falsification to authorities)
makes it a misdemeanor of the second degree for a person to mislead
a public servant in performing an official function by making a written
false statement which the person does not believe to be true. The
Township will examine and determine the genuineness, regularity and
legality of every application, and may reject an application if not
satisfied as to its genuineness, regularity or legality, or the truth
of a statement contained in the application. The Township may also
make investigations and require additional information as it deems
necessary.
B.
Debarred persons. The Township may debar a person,
including permittees, consultants, contractors, and their employees,
agents, successors and assigns, from placing a facility, working within
any street or right-of-way under permit, directing work, or having
involvement in a permit issued or an application submitted under this
article, for one or more of the following:
(1)
Unsatisfactory past performance, as documented by
records, reports or performance ratings.
(2)
Failure to complete permitted work under the permit
and this article, as documented by records, reports or performance
ratings.
(3)
Bribing, attempting to bribe or giving gratuities
to a Township employee or a permit inspector.
A.
Application fees charged to defray costs incurred
by the Township in reviewing and processing the applications and plans,
including the preliminary review of the site location identified in
the application, whether or not a permit is issued and processed shall
be as set from time to time by resolution of the Board of Supervisors
for the following:
B.
General permit inspection fees. General inspection
fees charged to defray costs incurred by the Township in spot inspections
of permitted work or subsequent inspections after the permitted work
has been completed and to monitor compliance with the permit and this
article shall be as set from time to time by resolution of the Board
of Supervisors for the following:
(1)
Surface openings. This fee is calculated on the total
linear feet of the opening being permitted with different areas of
the right-of-way.
(2)
Surface opening of less than 36 square feet (for example:
service connections performed independently of underground facility
installation, pipe line repairs), each opening:
(4)
Crossings (for example, overhead tipples, conveyors
or pedestrian walkways, and undergrade subways or mines).
C.
Exemptions. Permit application fees and general permit
inspection fees are not required from the following:
(1)
The commonwealth.
(2)
The installation or maintenance of streetlighting
at the request of the Township.
(3)
The replacement or renewal of utility facilities prior
to Township maintenance project after notice from the Township.
(4)
The removal of poles and attached appurtenances.
(5)
Facilities moved at the request of the Township.
D.
Additional application fee. If the Township anticipates
that the cost of reviewing the required application information or
inspecting the permitted work will exceed the application or inspection
fees listed in this section by a significant amount, the following
additional fees will be assessed:
(1)
Additional application fee. The Township will estimate
the additional amount of salary, overhead and expenses and prepare
a reimbursement agreement for execution by the applicant. Township
review of the permit application will commence on the effective date
of the agreement.
(2)
Additional inspection fees. If the Township determines
that the permitted work is of sufficient magnitude or importance to
warrant assignment of one or more persons to inspect the permitted
work on a more-than-spot inspection basis, the permit will so indicate
and the permittee shall be charged for additional salary, overhead
and expenses incurred by the Township for inspection.
(3)
Charge calculation. The charges will be calculated
either on an actual cost basis or a standard unit cost basis.
(4)
Invoices. The Township will provide an itemized invoice
for additional fees owed to the Township.
E.
Refunds. The Township will refund the general permit
inspection fees on unused permits. To be eligible to receive a refund,
the permittee shall deliver the request with the permittee's copy
of the permit to the issuing officer on or before the permit expiration
date.
F.
Miscellaneous fees. The applicant shall pay for notary
and recording costs if it is determined by the Township that the permit
shall be recorded in a county office or recorder of deeds.
A.
General rule. Upon approval of an application submitted
under this article, a permit will be issued by the appropriate office,
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.
B.
Permit requiring agreement/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 and amount acceptable
to the Township 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. If the security is executed by a
company registered and authorized to do the business in the commonwealth,
the following documents are acceptable forms of security:
C.
Permit issued only to applicant. A permit will only be issued to the applicant as described in § 175-3 (relating to permit application procedure).
D.
Permit supplements. The permittee may request a supplement
to the permit in writing, to amend a permit condition, such as revising
the traffic control plan or extending the permit expiration date.
A permit is valid for a six-month period, or multiples thereof as
specified on the permit, subject to the following conditions:
(1)
If the permittee has not completed authorized work
by the completion date specified on the permit; an application shall
be submitted requesting a time extension on the permit.
(2)
If approved, a supplement to the permit authorizing
a new completion date will be issued by the Township.
(3)
No extension of the permit will be authorized unless
the permittee obtains an extension on the duration of a bond, insurance
or other security required under this article, which extension of
the bond, insurance or other security corresponds with the permit
time extension. The permittee shall provide evidence of the extension
to the Township.
(4)
No work may be performed on an expired permit until
a time extension supplement or new permit is obtained.
(5)
No time extension supplement will be issued for a
request received more than 30 days after the expiration of the permit.
In that case, an application for a new permit may be submitted to
the district office.
E.
Work completion notification. When permitted work
has been completed, the permittee shall notify, in writing, the Township
office.
A.
General rule. Emergency repairs involving the placing
of facilities or opening of the surface with in the right-of-way may
be performed prior to obtaining a permit if the following procedure
is adhered to:
(1)
Utility owners or operators may obtain emergency permit cards by submitting an application, on company stationary, to the Township. The application shall be accompanied by a check or money order, in the amount specified in § 175-8 (relating to permit fees). The utility facility owner or operator shall promptly notify the Township office by telephone, when the necessity for an emergency repair occurs during the hours of 8:00 a.m. to 4:00 p.m., Monday through Friday. Emergency work occurring at other times shall be reported to the Township office on the following workday.
(2)
Prior to opening the surface or placing utility facilities
within right-of-way, the utility work crew shall enter the following
information on the emergency permit card in legible handwriting, using
indelible ink:
(3)
The completed, original emergency permit card shall
be located at the work site and shall be available for the inspection
by any police officer or representative of the Township. Reproduced
copies of the original card shall not be valid.
(4)
A permit shall be applied for within 15 days to confirm
and set forth, in detail any work performed. The applicant shall then
enter the application number on the emergency permit card.
(5)
Work performed under authority of an emergency permit
card shall conform to this article.
B.
Use of card. An emergency permit card shall be valid
for one year or 25 emergency repairs, whichever occurs first.
(1)
Emergency permits cards may be obtained by submitting
an application to the Township office listing thereon the number of
emergency permit cards desired.
(2)
The utility shall be responsible for assigning the
proper emergency permit cards to its work crews.
(3)
An emergency permit card shall be returned to the
Township office within 15 days after either the 25th repair authorized
by the card or one year from the card issuance date, whichever occurs
first.
The following conditions apply to permits issued
under this article:
A.
Scope of permit. The permit is binding upon the permittee,
its agents, contractors, successors and assigns.
(1)
The permittee is responsible for causing compliance
with the terms and conditions of the permit by its employees, agents
and contractors.
(2)
The permit shall be located at the work site and be
available for inspection by a police officer or a representative of
the Township.
(3)
The permit shall be maintained by the permittee as
a permanent record and remain in effect, subject to the permit conditions
and this article, as long as the permittee's facilities authorized
by the permit occupy the right-of-way.
(4)
Responsibility for compliance with the terms of the
permit may not be assigned or transferred by the permittee without
first obtaining approval from the Township. If a permit is assigned
or transferred without first obtaining approval from the Township,
the assignment or transfer is void. The permit assigned or transferred
also becomes void. A facility installed under the authority of the
permit shall be subject to removal at the expense of the applicant
to which the permit was issued or its assignees, or both.
(5)
The permittee is liable to the Township for failure
to comply with the permit and this article. The liability of the permittee
to the Township does not preclude the permittee or the Township from
bringing an action against the permittee's contractor, subcontractor,
engineer, architect, assignee, agent, workers, employees or other
persons.
B.
Additional restrictions. Work authorized by the permit
is subject to:
(1)
Applicable laws, rules and regulations, including
but not limited to:
(a)
The Act of October 26, 1972, concerning environmental
control measures related to pollution and the preservation of public
natural resources.
(b)
The Act of December 10, 1974, concerning protection
of the public health and safety by preventing excavation or demolition
work from damaging underground utility facilities.
(c)
The Clean Streams Law (35 P.S. § 691.1
et seq.).
(d)
OSHA construction safety and health regulations.
C.
Work to conform to the Township standards. Work shall
conform to the Township standards, including the following:
(1)
The work shall be done at a time and manner consistent
with the safety of the public and conform to the requirements and
standards of the Township, including, but not limited to, Department
of Transportation Publication 408.
(2)
Street materials shall be obtained from the Department
of Transportation approved sources, which are identified in the current
Penn 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.
(3)
If it is found by the Township that the work is not
being done or has not been properly performed, the permittee shall
promptly take the necessary steps, at its own expense, to place the
work in condition to conform to the requirements or standards.
(4)
If a dispute arises between the permittee and the
Township's inspector, the Township inspector has the authority to
suspend work until the question at issue may be referred to and decided
by the Township office.
(5)
Work not specifically regulated by this article shall
be performed as authorized by the Township.
D.
Permittee responsibilities. Permittee responsibilities
include the following:
(1)
The permittee shall pay the costs and expenses incident
to or arising from the project, including the prescribed fees for
the project, the cost of making and maintaining temporary restoration
of the disturbed areas and making permanent restoration. The permittee
shall reimburse the Township for inspection costs, which the Township
deems necessary to incur, within 30 days after receipt of the Township's
invoice.
(2)
In the event of failure or neglect by the permittee
to perform and comply with the permit or this article, the Township
may immediately revoke and annul the permit and order and direct the
permittee to remove structures, equipment or property belonging to
the permittee or its contractors, or both, from the legal limits of
the right-of-way and to restore the right-of-way to its former condition.
If the Township determines that the structures, equipment or property
poses a threat to the public safety and the permittee fails to remove
it after notice from the Township to do so, the Secretary/Treasurer
or their attorneys or an attorney of a court of record is authorized
to appear for the permittee, and to enter an amicable action of ejectment
and confess judgment against the permittee. The attorney is authorized
to issue forthwith a writ of possession with a clause of fieri facias
for costs, without leave of court.
(3)
At the end of a workday, an opening in the right-of-way
shall be covered, backfilled or protected. If work is stopped on a
project, other than at the end of a normal workday, the permittee
shall promptly backfill the opening and restore the surface, and work
may not be resumed until the permittee is prepared to proceed with
the work to its completion. If the permittee fails to backfill the
opening or proceed until completion of the work, the Township reserves
the right to do the work upon notice to the permittee, where practicable,
and shall be reimbursed for the costs by the permittee within 30 days
after receipt of the Township's invoice.
(4)
If the permittee, after making an opening in the surface
to place or repair a facility or for another purpose, fails to restore
a portion of the right-of-way to conform with this section the Township
reserves the right to do the work upon notice to the permittee, if
practicable, and the permittee shall reimburse the Township for the
costs within 30 days after receipt of the Township's invoice.
(5)
If backfill or restoration work will be performed
for the permittee by a contractor, the permittee shall identify to
the Township both its contractor and its inspector in charge who shall
be assigned to monitor backfill and restoration work performed within
the improved area. The permittee's inspector in charge, as well as
the permittee, is responsible for ensuring work is performed in compliance
with the permit, this article and Publication 408.
(6)
The permittee shall notify the Township at least three
full work days prior to the start of work when the permit identifies
that the permitted work will be inspected on a more than spot inspection
basis.
E.
Altering drainage prohibited. Altering drainage shall
be prohibited by the following conditions:
F.
Equipment damaging streets. A street shall be protected
in accordance with the following:
(1)
Work not specifically regulated by this article shall
be performed as authorized by the Township.
(2)
Permittee responsibilities. Permittee responsibilities
include the following:
(a)
To protect the pavement and shoulders, equipment
shall have rubber wheels or runners and have rubber, wood or similar
protective pads between the outriggers and the surface unless otherwise
authorized by the permit.
(b)
If other than rubber-equipped machinery or equipment
is used, the pavement and shoulders shall be protected from equipment
damage by the use of matting or other suitable protective material,
unless the permittee requests, in writing, a waiver from the use of
protective material, thereby acknowledging its obligation and commitment
to repair or reconstruct the pavement and shoulder, if damaged, to
its former condition.
(c)
If the equipment damages the pavement or shoulders,
the permittee shall restore the damaged pavement or shoulder, or both,
to its former condition, in a manner authorized by the Township office.
(d)
The Township office may authorize the permittee
to restore the pavement or shoulder from superficial surface damage
with a seal coat or surface treatment.
G.
Work zone traffic control. Maintenance and protection
of traffic shall be carried out by the permittee under 75 Pa.C.S.A.
§ 6123 (relating to erection of traffic-control devices
while working), the approved traffic control plan and the applicable
provisions of Chapter 203 (relating to work zone traffic control).
H.
Streets under construction. No permit application
will be approved for occupancy of a section of right-of-way within
which a street or reconstruction project is underway, or if a contract
for such a project has been let, until the project is completed and
accepted by the Township, unless the application is accompanied by
an attested certificate signed by the contractor or other authority
constructing the project consenting to the proposed work of the applicant
within the right-of-way, together with a waiver, release and quitclaim
to the Township of damages and defenses for delays by reason of that
work and occupation of the right-of-way by the permittee, or from
a cause resulting by reason of that work and occupation. This subsection
does not apply:
(1)
To an emergency. In an emergency, the permittee shall
procure the consent of the Township to do the work as deemed necessary
to correct the existing emergency condition.
(2)
If the permittee has been authorized by the Township
to relocate or adjust its facilities simultaneously with street construction.
I.
Indemnification. Indemnification of the Township for
property and personal injury will be governed as follows:
(1)
The permittee shall fully indemnify and save harmless
and, if requested, defend the Township, its officers, agents and employees,
of and from liability for damages or injury to persons or property
in a claim or suit seeking to impose liability on the Township, its
officers, agents or employees, arising out of an act or omission of
a contractor, agent, servant, employee or person engaged or employed
in, about or upon the work, by, at the instance of or with the approval
or consent of the permittee, including a failure of the permittee
or a person to comply with the permit or this article.
(2)
The permittee shall have the Township added as an additional insured to its or its contractor's insurance policy to secure the permittee's indemnification of the Township for property damage and personal injury under this subsection. The coverage of the Township as an additional insured shall be limited to the acts or omissions of the permittee or its contractor, as described in Subsection I(1). The amount of insurance shall be at least $250,000 per person and at least $1,000,000 per occurrence, or other statutory limitations on damages as the Township may establish. The policy shall be of a duration satisfactory to the Township.
J.
Insurance. The permittee shall obtain, prior to the
start of work, a policy of insurance, issued by an insurer having
a certificate of authority and a licensed agent authorized to transact
the business of insurance in this Township, in accordance with the
following conditions:
(1)
The permittee or its contractor shall obtain insurance
for public liability and property damage, in form, amount and duration
satisfactory to the Township to cover a loss that may be incurred
for construction, reconstruction, repair, relocation or installation
of the permitted structure or facilities.
(2)
Upon request, the permittee shall deliver to the Township office certificates of insurance evidencing that the insurance coverage required under Subsection J(1) has been obtained. The Township may accept a formalized plan of self-insurance as a substitute for the insurance described in this subsection.
(3)
The permittee's obligations to indemnify the Township and obtain insurance to secure indemnification under Subsection I and its obligation to restore the streets and obtain a bond relating to restoration under Subsection M are separate obligations from obtaining insurance for the purposes required under this subsection. Obtaining insurance under this subsection does not relieve the permittee of its obligations under Subsections I and M or under § 175-12.
[Amended 12-20-2017 by Ord. No. 142]
K.
Maintaining structure or facility. As longs the permittee
operates and leaves in place structures or facilities in, upon or
along the right-of-way, the permittee shall maintain and keep them
in good order and repair.
L.
Damaged structure or facility to be repaired. If a structure or facility becomes damaged, the permittee shall promptly have it removed, repaired or otherwise made safe. The permittee is responsible for repair or restoration of the portion of the street damaged by a structure or facility. The permittee's obligation to repair or restore the street necessitated by a damaged structure or facility under this subsection is separate from the obligations to restore the street and obtain a bond relating to restoration and maintenance of the street. Compliance with Subsection M does not relieve the permittee of its obligations under this subsection.
M.
Damage to street. Responsibility of the permittee
for restoration of the street includes the following:
(1)
If there is a failure of the street, including a slope
or other appurtenance thereto, in the area of the permitted work within
two years after the acknowledged completion of the permitted work
and there is no similar failure of the street beyond the area of the
permitted work, the permittee has absolute responsibility to make
temporary and permanent restoration of this area unless the permittee
delivers clear and convincing evidence to the Township office demonstrating
that the street failure was caused by another person.
(2)
In a situation where the permittee has the responsibility to restore the street, including slope or another appurtenance thereto, under Subsection M(1), the permittee has the duty to restore the improved area in accordance with the permit. If the permittee fails to restore the improved area properly, the Township will have the authority to do the work at the expense of the permittee. The permittee shall reimburse the Township for the costs plus 10% within 30 days after receipt of the Township's invoice.
(3)
The obtaining of a bond, other security or an agreement described in Subsection I to secure restoration costs does not relieve the permittee of the restoration obligations imposed by Subsection subparagraph M(1) and (2), nor does it relieve the permittee of its obligations under Subsections I and J. The obtaining of a bond, other security or an agreement will not act as a release of the permittee from liability under principles of tort law with respect to a failure of the street in the permitted area occurring after the expiration of the bond, other security or agreement.
N.
Future street changes. If in the future the street
is altered for public convenience or necessity, the permittee shall,
at its own cost and expense, change or relocate all or a part of the
structures or facilities authorized by the permit which interfere
with the street alterations or which are inconsistent with the purpose
of the street alterations.
O.
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 work was performed in accordance with the permit.
Acknowledgement of completion by the Township will not act as a release
of the permittee or waiver by the Township of its right to seek performance
or restitution from the permittee.
A.
Drilling, boring, driving or tunneling across improved
area. Drilling, boring, driving or tunneling across improved areas
shall comply with the following conditions:
(1)
When crossing under an improved area, the opening
for a utility facility shall be drilled, bored, driven or tunneled
a minimum depth of three feet from the surface to the top of the opening.
(a)
If the facility or its casing is 30 inches or
greater in diameter, the bored cylindrical space surrounding either
an uncased facility or a facility casing shall be filled with grout
in a manner authorized by the Township office.
(b)
Jet or other nonmechanical boring methods are
prohibited. Water may be used under low pressure only to cool the
drill bit and to facilitate removal of cuttings from the bore opening,
if retrievable liquid is immediately removed from the boring pit.
(2)
No openings 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
effect future maintenance or replacement.
B.
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:
(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, 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 with 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 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, 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 trench backfilled
and restored in accordance with the provisions of this section.
(4)
The permittee shall protect its openings to provide
for the safety of the traveling public, including motorists, bicyclists
and pedestrians.
C.
Openings parallel to the street. Requirements for
openings 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)
On an unpaved street, the near edge of the opening shall be at least 12 feet from the general center line of the traveled street, or as authorized in Subsection C(1).
(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 motorist, bicyclist
and pedestrians.
D.
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 street 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 treated in accordance with the following:
(a)
Covered with steel plates or bridging 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 under Chapter 203 (relating to
work zone traffic control) and an approved traffic control plan until
the surface is restored to its former condition.
E.
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 street 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 under § 175-11 (relating to general requirements), and so that there will be no interference with the flow of street progresses.
(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.
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 damage with a seal coat
or surface treatment.
F.
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 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. To protect the
facility, the permittee is to place a permanent colored ribbon at
least one foot above its facility.
(2)
The opening shall then be backfilled with select granular
material (i.e., PennDOT 2A limestone or approved substitute) 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
openings in pavements, paved shoulders and improved (for example,
oil and chip) shoulders within four feet of the edge of pavement.
[Amended 12-20-2017 by Ord. No. 142]
(3)
Backfill shall be compacted as follows:
(a)
General rule. Except as provided in Subsection F(2), 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(f) of Publication 408.
[Amended 12-20-2017 by Ord. No. 142]
(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 opening 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 or subsidence of the street. The Township may condition its approval of a compaction plan on the execution of a bond under § 175-9, Issuance of permits, if a part of the opening is within the improved area.
(c)
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 the 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 existing type material or other material authorized
by the Township, and sealed. The Township may authorize test holes
in the pavement or shoulder to be restored without a one-foot cutback
of the surrounding surface.
G.
Restoration of flexible base pavements. 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, two feet 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 opening pavement having
a neat straight vertical line.
[Amended 12-20-2017 by Ord. No. 142]
(1)
Exposed
vertical and horizontal surfaces shall be prepared under Section 409
of Publication 408.
(2)
The
base course shall consist of a binder course and shall consist of
19 mm Superpave binder course material meeting the requirements of
Section 409 of Publication 408. The base course material shall have
a minimum depth of six inches or a depth equal to the existing base
course, whichever is greater.
(3)
The
wearing course shall consist of 9.5 mm Superpave wearing course material
(SRL-H or better) meeting the requirements of Section 409 of Publication
408. Roadway restoration and overlay of wearing course shall be required
for the entire cartway width, including bituminous wedge curb where
existing (i.e., "curb-to-curb") for the entire length of the opening
plus an additional 10 feet on both ends of the opening. Areas outside
of the initial opening shall be milled in accordance with Section
491 of Publication 408 or as otherwise directed by the Township Engineer.
A bituminous tack coat shall be installed on the milled surface in
accordance with Section 460 of Publication 408 prior to installation
of the wearing course. The wearing course shall have a minimum depth
of 2 1/2 inches or a depth equal to the existing wearing course, whichever
is greater.
H.
Restoration of plain or reinforced cement concrete
pavements. Base and surface restoration of plain or reinforced cement
concrete pavements shall be performed under this subsection and as
specified in the permit. Drilling is not permitted where sawing or
cutting is required.
(1)
Prior to replacement of the pavement, two feet outside
of each edge of the opening shall be sawed the full depth of the pavement
in a neat straight line. The detached material shall be removed without
damaging the adjacent pavement. The use of a pavement breaker is prohibited.
The permittee may partially saw cut the pavement to a depth of at
least four inches and cut the remaining pavement with a jackhammer
weighing no more than 90 pounds, if:
(2)
The replacement pavement shall consist of high early-strength
concrete equal in depth to the original concrete pavement or to a
depth of eight inches, whichever is greater.
(3)
On existing reinforced cement concrete pavements that
are opened for more than six feet in either length or width, reinforcing
steel, expansion tie bolts.
I.
Shoulder restoration. Shoulder restoration shall be
performed under this subsection and as specified in the permit.
(1)
Paved shoulders. Paved shoulders 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, and
658 of Publication 408.
(2)
Other shoulders. Other shoulders shall be restored
as follows:
(a)
The surface shall be restored with a least four
inches of select granular material, or as authorized by the Township.
(b)
If the length of the open shoulder exceeds 100
linear feet, the shoulder shall be graded, rolled and, unless excused,
penetrated with bituminous material at a rate of 0.35 gallon per square
yard and chipped to prevent tracking of oil onto the pavement.
(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.
J.
Temporary pavement restoration. Temporary restoration
of a pavement or paved shoulder may be required by the Township prior
to permanent restoration, under the following:
(1)
The base shall consist of compacted select granular
material with a surface of three-inch bituminous material. If the
existing pavement structure includes a course of subbase material,
it shall be replaced to a depth equal to the existing course depth
with material meeting the requirements of Section 350.2 of Publication
408.
(2)
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 four months or as specified
in the permit, it must be properly maintained.
K.
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 at the same elevation as the surface in which
it is located.
(2)
The surface surrounding manhole covers located in
paved shoulders shall be paved with six inches bituminous concrete
base course a distance of at least three feet around the structure.
(3)
A manhole, including those cast in place, shall be
constructed in compliance with current industry standards and Section
714 of Publication 408.
[Amended 12-20-2017 by Ord. No. 142]
L.
Additional restoration. Additional restoration shall
be required as follows:
(1)
Disturbed portions of the street, including, but not
limited to, slopes and appurtenances and structures such as guide
rails, curbs, signs, markings, drain pipes, driveway 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 also be required, 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 10
years old, the permittee shall, in addition to the restoration conditions
outlined in the permit and this section, overlay the pavement in accordance
with the following conditions:
(a)
When a longitudinal opening longer than 100
linear feet has been made in the pavement, the permittee shall overlay
the traffic lanes in which the opening was made, for the entire length
of the street that was opened, in a manner authorized by the Township.
(b)
When two or more transverse openings have been
made within 100 linear feet of the pavement, the permittee shall overlay
traffic lanes in which the openings were made, for the entire length
of the street between the openings, in a manner authorized by the
Township.
(c)
When three or more openings have been made by
the same permittee within 100 feet of the pavement, the permittee
shall overlay traffic lanes in which the openings were made, for the
entire length of the street between the openings, in a manner authorized
by the Township.
(d)
If disturbed lanes adjacent to undisturbed lanes
are overlayed, the edge of the disturbed lane shall be saw cut or
milled to a depth of two inches or the depth of the existing surface
course, whichever is less, for the length of the opening to ensure
a smooth joint, with proper elevation and cross section. A full width
overlay may be authorized on various streets instead of saw cutting
or milling the disturbed lane.
(e)
If disturbed lanes adjacent to shoulders are
overlayed, the shoulder shall be raised, with material and in a manner
authorized by the Township for the type of existing shoulder, so that
the overlaid pavement and shoulder edges are at the same elevation.
(3)
Regardless of the age of the wearing course:
(a)
If more than 100 linear feet of longitudinal
or transverse openings, or both, are made in the pavement, the Township
may require the permittee to overlay traffic lanes in which the openings
were made, for the entire length of the street that was opened, if
the Township determines that the rideability or structural integrity
of the pavement has been impaired by the openings.
(b)
If three or more openings are made by the same
permittee within 100 linear feet of pavement, the Township may require
the permittee to restore the entire disturbed pavement between the
openings by milling, planing or other authorized method and overlaying
the entire disturbed pavement.
(4)
If an opening is made in a bituminous concrete pavement
within two feet from edge of pavement or other longitudinal joint
or opening, the surface restoration shall be extended to the edge
of the pavement or other longitudinal joint or opening.
M.
Sealing. Restored openings in the pavement or paved
shoulder shall be sealed under Section 469.3 of Publication 408 in
the case of bituminous concrete or Section 501.3 of Publication 408
in the case of cement concrete.
[Amended 12-20-2017 by Ord. No. 142]
A permit will not be issued to install aboveground
facilities at a location which the Township determines to have a high
accident potential.
A.
Location of aboveground facilities. The location of
an aboveground facility shall be:
B.
Location of wires, cables or conductors. A wire, cable
or conductor which overhangs a portion of the right-of-way shall be
placed to provide a minimum vertical clearance of 18 feet over the
pavement and shoulder, except where the National Electrical Safety
Code requires vertical clearances in excess of 18 feet due to voltage
or span lengths.
D.
Identification of poles. A pole shall bear the name
or initials of the facility owner and the pole numbers assigned by
the facility owner.
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 police officer
whose jurisdiction includes the permitted work area, the cessation
of performance by the permittee of any further work in the permitted
area except to restore the area to a safe condition. No further work
may commence in the permitted area until the violations have been
remedied. Where the permittee has received oral notice of the violations,
written notice shall be sent to the permittee within 10 days of receipt
of the oral notice.
(2)
Confiscation of the applicant's permit or emergency
permit card by any police officer or authorized representative of
the Township.
(3)
Revocation of applicant's permit or emergency permit
card by the Township.
(4)
Removal of facilities installed without a permit or
in violation of the provisions of this article.
B.
Any person who violates or permits a violation of
this article shall, upon being found liable therefor in a civil enforcement
proceeding commenced by the Township before a Magisterial District
Judge, pay a fine of not more than $600, plus all court costs, including
reasonable attorney's fees, incurred by the Township in the enforcement
of this article. No judgment shall be imposed until the date of the
determination of the violation by the Magisterial District Judge.
If the defendant neither pays nor timely appeals the judgment, the
Township may enforce the judgment pursuant to the applicable Rules
of Civil Procedure. Each day a violation exists shall constitute a
separate offense. Further, the appropriate officers or agents of the
Township are hereby authorized to seek equitable relief, including
injunction, to enforce compliance herewith.
A.
General rule. When a term or condition of this article
cannot be met, an applicant may request, in writing, that this Township
modify that term or condition if it is not to be required by law,
under the following:
(1)
The applicant has done all that can reasonably be
done to comply with the term or condition.
(2)
The proposed modification satisfies the intent of
the term or condition to be modified.
(3)
The proposed modification represents the minimum feasible
deviation from the term or condition to be modified.
(4)
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.
B.
Modification granted. If a requested modification
is granted, the permit will specify the allowable modification. A
permit issued under authority of this section shall only be signed
by the Township's Supervisor.
