[Adopted 9-5-1989 as Part 12, Ch.
1, Art. B, of the 1989 Code]
A.
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.
(1)
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.
(2)
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.
(3)
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.
(4)
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.
(5)
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.
(6)
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.
B.
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.
C.
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.
(1)
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.
D.
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.
E.
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.
F.
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.
G.
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.
H.
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.
I.
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.
J.
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.
K.
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.
L.
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.
M.
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.
N.
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.
O.
After a permit is granted by the permitter, it shall
not be assigned nor transferred.
P.
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.
A.
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.
B.
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.
C.
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.
D.
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.
E.
F.
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]
(1)
All berm areas shall be backfilled completely to the surface with
No. 2 modified stone.
(2)
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.
G.
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.
H.
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]
I.
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.
J.
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.
K.
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.
A.
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.
B.
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.
C.
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.
D.
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.
E.
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.
