[Adopted 9-5-1989 as Part 12, Ch. 1, Art. B, of the 1989 Code]
The work authorized by this permit shall be done at such time and in such a manner as shall be consistent with the safety of the public and shall conform to all requirements and standards of the permitter herein specified. If at any time it shall be found by the permitter that the work is not being done or has not been properly performed, the permittee, upon being notified by permitter, in writing, shall immediately take the necessary steps, at its own expense, toward placing the work in condition to conform to said requirements or standards.
In the event of willful failure or neglect by said permittee or its employee to perform and comply with the conditions, restrictions and regulations, the permitter may revoke and annul this permit and order and direct said permittee to remove any or all structures or property belonging to said permittee and covered by this permit from the legal limits of the highway.
If work is stopped on a project for any reason other than by order of the Township's representatives and the ditch or trench, in the opinion of the Township, remains open for an unreasonable period, the permittee, if so directed, shall refill the ditch or trench and work shall not be resumed thereon until the permittee is prepared to proceed with the work until completion. In the event that the permittee fails to refill the ditch or trench or proceed until completion of the work upon notice from the Township Engineer to do so, the Township may perform the necessary and required work subject to reimbursement by the permittee.
The permittee shall pay all costs and expenses incident to or growing out of the project, including the prescribed fees for the same, and the cost of making and maintaining the temporary restoration of the disturbed areas and make permanent restoration, and further shall reimburse the Township for any and all inspection costs which the Township Engineer may deem it necessary to incur, including both the salaries and expenses of the inspectors, and the permittee shall reimburse the Township for costs incurred by the Township within 30 days after receipt of the statement from the Township Secretary setting forth sums expended by the Township.
If the permittee, after making an opening in the highway to place or repair pipe or for any other purpose, fails to restore the roadway including paved surface, shoulders and ditches to their original condition, the Township reserves the right to do the work and bill the permittee for the cost of the restoration. Upon failure to pay the sum due, permitter may proceed against the bond hereinafter required without notice to the permittee.
The applicant shall furnish with said application a performance bond in double the amount of the estimated cost of restoration of said highway, conditioned upon the restoring of said highway according to State Highway Specifications, Form 4080, and subject to the approval and acceptance thereof by said Township Engineer.
Any opening or impairment of any nature whatsoever of any improved surface within the Township right-of-way must be repaired immediately with the temporary two-inch bituminous material and so maintained for a minimum period of 90 days until permanent restoration shall be made.
All work done under this permit shall be subject to such conditions, restrictions and regulations as may be herein prescribed and required by the permitter.
The permittee shall use due diligence in the execution of the work authorized under this permit in order not to obstruct unnecessarily or endanger travel along the highways. Operation must be conducted at all times to permit safe and reasonable free travel over the roads within the limits of the work herein prescribed. All safety provisions for the free movement of traffic shall be provided by the permittee.
Red lights shall be displayed from sunset to sunrise at any and all points of the work where there may be danger to any person lawfully using the highway.
If, in the construction work the permittee will be required to use certain blasting operations in the excavation, the permittee agrees to make, execute and deliver to the Township a bond in the sum stipulated by the Township Engineer with surety in the form of a surety company duly registered and authorized to do business in Pennsylvania, conditioned that the permittee will save harmless the Township from any damage whatsoever to its subgrade, special subgrade, subbase, drainage facilities, road metal and any other installations or matters in, under or upon the highway right-of-way for a period of two years from the date of the completion of the last work covered by this agreement, to be performed under these permits, for or on account of any blasting or any other matter, cause or thing incidental to or connected with the blasting operations which may result in apparent or latent damage as may appear within the period of two years from the date of the completion of the last work performed. Said bond shall be executed simultaneously with the execution of an agreement, on a form to be furnished by the Township.
The permittee will submit to the Township Engineer a certificate or certificates of insurance for public liability and property damage, in sufficient amount to cover any loss, that may be incurred for or on account of any matter, cause or thing arising out of the construction, reconstruction, repair, relocation or installation of the indicated facilities.
The permission herein granted does not relieve the permittee from obtaining any consent otherwise required from the owner or owners of the abutting property and does not confer upon the permittee the right to cut, remove or destroy trees or shrubbery within the legal limits of the highway except under such conditions, restrictions and regulations as the Township may prescribe. If any trees are removed within the limits of the highway by the consent of the property owner, the stumps must be cut to the ground level, or removed entirely, if required by the permitter.
Excavation or other material shall be placed or stored on the side of the operation farthest from the road metal or pavement, unless otherwise authorized by the permitter, and in such a manner that there will be no interference with the flow of water in any gutter, drain, pipe, culvert, ditch, or waterway.
All excess excavated material shall be removed and disposed of outside the legal limits of the highway as the work progresses, unless the approval of the permitter is obtained for disposal of the material within the legal limits of the highway. All parts of the highway and various structures disturbed shall be restored to a condition equal to that which existed before starting the work. Guard rails shall be replaced to the present alignment, and any guard posts discolored through the work of the permittee shall be refinished by washing or repainting.
If at any time the structure or facility shall fail from any cause whatsoever, the permittee shall have the same removed or repaired within 48 hours after receipt of written notification, except at times of extraordinary happenings when extension of such time limit may be given by the permitter.
After each and every excavation made by the permittee in any road or highway covered by this permit incident to the erection, repair, resetting or removal of any poles, manholes, conduits, water, steam, oil, gas pipes, sewers or any other obstructions or construction, said permittee shall, under the supervision and direction of the permitter, restore such road to as good condition as existed prior to such excavation unless otherwise herein provided. So long as said permittee operates and leaves in place such structures and appliances in, upon or along said highway, the permittee shall maintain and keep in good order and repair said structures and appliances. The permittee covenants and agrees to fully indemnify and save harmless the Township and local authorities of and from all liability for damages or injury occurring to any person or persons or property at or on said roads through or in consequence of any act or omission of any contractor, agent, servant, employee or person engaged or employed in, about or upon the work by, at the instance or with the approval or consent of the permittee or from the failure of the permittee to comply with the provisions for maintenance as set forth in these regulations.
If at any time in the future the highway is widened or the alignment or grades changed, the permittee further agrees to the extent now or hereafter required by statutory or common law to change or relocate, at its own expense, any part of the structures covered by this permit which interferes with the improvement of the highway to such location within the limits of the legal right-of-way of the highway as may be directed by the permitter or local authorities.
During the time when any road or highway covered by this permit is under process of construction and/or until said road or highway is accepted by the permitter or local authorities, no permittee will be authorized to enter upon said road or highway for the purpose of erecting poles, laying conduits, water, steam, oil or gas pipes or sewers or doing any other work whatsoever which might interfere with the construction of the road or highway, unless said permittee shall first file with the permitter or local authorities a duly attested certificate signed by the contractor or other authority constructing said road or highway, which certificate shall contain full consent to such proposed operation of said permittee within the lines of said road or highway, together with a satisfactory waiver, release and quit claim to the Township and the local authorities of all damages and all defenses whatsoever for delays by reason of such operations and occupation of said roadway by said permittee or from any cause whatsoever resulting by reason of such operation and occupation, provided that the provisions of this subsection shall not apply in case of emergency; in such case, the permittee shall procure the written consent of the permitter to do such work as may be deemed necessary to correct the existing emergency conditions.
The conditions, restrictions, and regulations hereinbefore cited shall also govern all excavations, openings, and trenches for the purpose of making repairs to any poles, conduits, water, steam, oil, or gas pipes or sewers or other structures or property and appurtenances thereto belonging, erected or on in the highway.
This permit is issued subject to any rights which the municipality or other local authority in which the work is to be done may have in such matters.
After a permit is granted by the permitter, it shall not be assigned nor transferred.
All equipment used on said projects shall be equipped with rubber. In event that other than rubber-equipped machinery is used, the pavement shall be protected by the use of heavy rubber or similar matting which shall be at least two inches wider on each side than the equipment used.
Trenches for conduits, water, steam, oil, gas pipe and sewers and other obstructions, placed parallel with the road or highway, shall be dug so that the near edge of the trench is at least three feet outside of the edge of the road metal, unless the permitter shall authorize in writing a lesser clearance. A greater distance shall be used wherever practicable.
In case the road or highway is not improved, the trench shall be placed so that its near edge is at least 15 feet (the distance shall be greater than the minimum where practicable) from the general center lines of the traveled road or highway unless authorized as provided in Subsection A of this section. The center line shall be determined by the permitter or local authorities.
The trench for such construction shall not be opened for a distance of more than 500 feet at any one time, unless especially authorized by the permitter.
Where a tile drain or other structures or facility is encountered, it shall be replaced or restored by the permittee in accordance with the prevailing standards of the permitter.
The backfilling of the trench shall follow as rapidly as possible the placing of subsurface structures.
[Amended 9-21-2011 by Ord. No. 620]
All backfilling shall conform to the original contour of the surface.
All backfilling shall be done with mechanical compaction.
All parts of the shoulder disturbed or damaged in the performance of the work shall be reconstructed and restored in as firm, strong and durable condition as before the commencement of work by the permittee, in accordance with the standards of the permitter.
[Amended 9-21-2011 by Ord. No. 620]
All berm areas shall be backfilled completely to the surface with No. 2 modified stone.
Where a portion of the right-of-way is maintained as a lawn, backfilling shall consist of No. 2 modified stone stopping 12 inches below the surface, the remaining 12 inches to the surface to be backfilled with suitable soil for planting.
The permittee shall place the top of manholes to conform to the elevation and slope of the shoulder, unless a lower elevation shall be approved.
The permittee shall restore the ground surface within the limits of the work covered by the permit to a condition equal to that existing prior to the opening of the trench, unless otherwise provided in the permit. After the completion of the work, an inspection shall be done by the Township Engineer and Road Supervisor. Once the Township Engineer prepares a satisfactory report, the permittee shall maintain it in such condition for a period of 12 months and then shall be released; except where work of a similar character shall be done during said twelve-month period within or adjacent to the limits of the work covered by this permit, or affecting the same, by another permittee, pursuant to a permit duly issued by the permitter.
[Amended 9-21-2011 by Ord. No. 620]
In case it is necessary to cross under any improved road or highway, the opening for pipe line shall be drilled, bored or driven at a minimum depth of three feet below the surface of the road or highway or the structure may be placed by tunneling when approved by the permitter. Trenching will be authorized by the permitter, in writing, where tunneling would be attended with danger to life. Where necessary to cross the improved road or highway by tunneling, the crossing shall be made, except in solid rock formation, under 1/2 of the improved road width, and the pipe or structure placed and the hole carefully backfilled with 1 to 3 to 6 concrete of a dry consistency thoroughly tamped, and allowed to stand 24 hours before traffic is permitted to use that half of the road. The second half of the tunneling is to be completed in the same manner, so at least one-way traffic will be maintained over 1/2 the improved road or highway while the second half is being tunneled. In solid rock formation, the crossing may be made by trenching when approved by the engineer representing the permitter, but not more than 1/2 of the width of the pavement shall be opened, the structure placed and the trench backfilled and tamped with an approved mechanical tamper, unless other methods are approved, before disturbing the remaining 1/2 of the road.
Openings made for the purpose of placing pipe lines or other structures under the improved surface by drilling, boring, driving or tunneling shall be made at least three feet from the edge of the road metal, unless the permitter shall otherwise designate in writing.
Warning signs shall be placed at a minimum of 300 feet beyond each end of the actual operation, and special employees shall be assigned by the permittee to direct traffic when it becomes necessary to limit it to one way. Advance permission must be obtained from permitter or authorized agents before directing traffic through one lane. Substantial barricades shall be provided and maintained between the road and any open trench or hole when, in the judgment of the representative of the permitter, it is necessary for the proper protection of the traveling public.
All poles shall be placed on the outside of the gutter lines, and in all cases a clear space greater than the width of the berm or shoulder must be preserved between the near face of the poles and the edge of the improved or traveled road or highway, unless the permitter shall otherwise authorize in writing. No poles or other overhead structures shall be placed where they will obstruct the view of traffic on the highway, nor within five feet of any warning or direction sign, unless specifically permitted in writing. Such poles on state or state aide highways after being erected shall be painted white by the permittee at its own expense for a height of at least six feet above the ground, when so required by the permitter.
All wires, except power transmission and supply lines, appurtenances or supports attached to poles which cross the highway shall be placed or erected so as to provide a minimum vertical clearance of 16 1/2 feet for a distance of 14 feet on both sides of the highway center line. Where power transmission and supply lines cross over a highway in urban and rural areas, vertical clearance and other requirements of the National Electrical Safety Code must be complied with. All guys shall be placed so as to avoid interference with traffic of all kinds on the highway and must present a neat appearance when installed; if for electrical light or power lines, they must be adequately insulated at a point not less than 10 feet vertical above the ground; if for telephone lines, when in proximity to electric light or power lines, they must be adequately insulated at a point not less than eight feet vertical above the ground.
Exception. When guys are permanently grounded in conformity with accepted grounding practice, insulators may be omitted; provided, however, that the permittee must state in the application for permit the method whereby such guys, when installed, will be properly grounded and must, thereafter, maintain the same through periodic inspection of all ground connections. This exception applies primarily to guys exposed to circuits carrying more than 14,000 volts and to guys uniformly permanently grounded throughout in connection with any grounded supply circuits using continuous ground wires.
All poles installed on the right-of-way of a state highway which requires marking shall be equipped at the time of installation, with three size A crystal colorless reflector buttons, mounted in a vertical row, spaced six inches apart, six feet above the grade of the crown of the road. The row of buttons shall face approaching traffic, forming an axis of five-degree angle toward the roadway, as indicated by Department of Highways Standard G-26. When present pole markings are in need of replacement or repainting, the reflector buttons shall be installed on those poles, in conformity with said standard.
All poles that may be erected shall be numbered, and said number together with the initials of the permittee shall be plainly designated thereon by and at the expense of said permittee.