Township of Union, PA Openings and Excavations

Emergency repairs of utility facilities may be performed by using an emergency permit card pursuant to the sections of this article relating to emergency work.

Permit applications are not required for the placing of newspaper receptacles or mailboxes, although their location is subject to the approval of the post office and the maintenance requirements of the Township.

Permit application are not required for accessing the utility facility through a manhole.

The Township Roadmaster or any duly authorized agent of the Township may prohibit any work being done without a proper permit or contrary to the terms thereof.

§ 168-9 Administrative requirements.

Application for permit. Application in writing shall be made to Union Township on the appropriate form and signed by the person making the proposed street opening or excavation, setting out the location of the proposed work, opening or excavation, the size thereof and the purpose therefor. The person making and signing said application shall comply with all the provisions of this section as hereinafter set forth.

Issuance of permits. Permits will only be issued to utilities.

Time extension. A permit is valid for a one-year period as specified on the permit. If the permittee has not completed all authorized work by the completion date specified on the permit, an application shall be submitted requesting a time extension on the permit. If approved, a supplement will be issued by the Township.

Extension of permit scope. Whenever the excavation, opening or trench exceeds the size set forth in the application, an amendment to the permit must be secured within 48 hours to cover such extra excavation, opening or trench.

Filing fee and certificates of insurance. The application shall be accompanied by a filing fee as established from time to time by appropriate resolution duly adopted by the Township Board of Supervisors. In addition, a certificate of issuance covering the utility who will be making the excavation opening or trench shall also be submitted as set forth in this article before the permit is issued. The applicant shall be responsible for the legal and engineering fees associated with the review of the permit application and certificate of insurance.

Deposit and bonding. Except for public utility corporations operating under a franchise covering an area in whole or in part within the Township, the applications shall be accompanied by a deposit or bond with a surety that is licensed to transact such business in the Commonwealth of Pennsylvania, in double the deposit amount to cover the cost of temporary and permanent restoration and to cover the cost of all inspections made by the Township Inspector or Roadmaster within the improved area of the right-of-way of the street resulting from the permitted work in the event that the Township shall make the said restoration. The Township may, at its option, permit the applicant to make said restorations, but a deposit or bond in double the deposit amount shall nevertheless accompany the application as a guarantee that the said restorations will be made. In either event, the amount of the deposit or bond shall be established by the Township Roadmaster.

Bonding of public utilities. Public utility corporations operating under a franchise covering an area located in whole or in part within the Township shall have on file with the Township a bond in the amount of $5,000 or as may be otherwise established by Union Township with a surety that is licensed to transact such business in the Commonwealth of Pennsylvania, which bond shall be renewed annually, covering the cost of temporary and permanent restoration and covering the cost of all inspections made by the Township Inspector or Roadmaster pertaining to all openings or excavations made or to be made in a calendar year, or shall furnish a bond in the amount determined by the Township Roadmaster covering the aforesaid costs pertaining to proposed openings or excavation set out in the application. The aforesaid bonds shall have either corporate surety or other surety approved by the Township Solicitor and shall be conditioned to indemnify the Township in the event of any loss, liability or damage that may result or accrue from or be due to the making, existence or manner of guarding or constructing any such opening or excavation during the term of said bond. Said bonds shall be approved or disapproved by the Township Solicitor. The bond shall then be filed with the Township.

Blasting bond and preblast inspections. When the applicant anticipates that blasting operations will be necessary in order to perform the permitted work, a copy of the blaster's license and an executed blasting bond shall be submitted with the application as set forth in this article. The Township Roadmaster shall determine the amount of the blasting bond. The Township Roadmaster shall also determine the need for preblast inspections of structures or facilities which may be affected by the permitted work. The applicant shall be responsible for the inspection costs.

Traffic control plan. When the applicant anticipates that it will be necessary to close a portion of a street to vehicular traffic in order to perform the permitted work, the applicant shall submit a traffic control plan with the application for review and approval by the Township Roadmaster prior to issuance of the permit.

Additional inspection fees. If the Township determines that the permitted work is of sufficient magnitude or importance to warrant assignment of one or more Township inspectors to inspect the permitted work on a more than spot-inspection basis, the applicant shall be charged for all salary, overhead and expenses incurred by each assigned inspector, the Union Township Roadmaster, the Union Township Solicitor and/or the Union Township Engineer.

Authorization to begin work. Upon application duly made in accordance with the regulations set forth in this article, a permit will be issued by the Township Roadmaster subject to this article and the conditions contained on the permit and its attachments and supplements. The permit will be the applicant's authority to proceed with the work and will also serve as a receipt for the required application fees.

Work completion notification. When all permitted work has been completed, the Township Roadmaster shall be notified within 48 hours of the completion of all work.

Additional deposits and fees. Should the costs of restorations and/or inspections completed by the Township exceed the amount of the deposit or bond, the applicant shall, upon written notification by the Township, immediately reimburse the Township for any portion of the costs associated with making the said inspections and/or restorations not covered by the deposit or bond. The applicant shall also be responsible for all additional legal and engineering fees incurred by Union Township.

Return of deposit or bond. When the Township permits the applicant to make the restoration in accordance with the requirements of this article, the Township shall, within 45 days of written notification of completion of final restoration, return the portion of the deposit or bond, other than the bond of a public utility corporation set forth in Subsection G above, which was being held as a guarantee for the performance of said restorations.

Exemptions. The Union Township Municipal Authority shall be exempt from the requirements of this article.

§ 168-10 Emergency work.

Permit administration procedure. Emergency repairs involving the placing of facilities or opening of the surface within the right-of-way may be performed prior to obtaining a permit, provided the following procedure is adhered to:

The utility company shall immediately notify the Township by telephone when the necessity for an emergency repair occurs.

Prior to opening the surface or placing utility facilities within the right-of-way, the utility work crew shall supply the following information:

Date emergency work is started.

Time emergency work is started.

Location of emergency work site.

Description of emergency work.

A regular permit shall be applied for within five days to confirm and set forth, in detail, any work performed. The application number shall then be entered on the emergency permit card by the applicant.

All work performed under the authority of an emergency permit shall conform to the regulations set forth in this article, including without limitation, those regulations set forth in this article relating to general conditions, special conditions for subsurface operations and special conditions for above-ground facilities.

§ 168-11 Permit conditions.

The following conditions shall apply to permits issued pursuant to the applicable sections of this article:

Scope of permit. The permit shall be binding upon the permittee, its agents, contractors, successors and assigns.

The permittee shall be responsible for causing compliance with all terms and conditions of the permit by its agents, contractors and successors.

The permit shall be located at the work site and shall be available for inspection by any representative of the Township authorized to inspect permits.

The permit shall be maintained as a permanent record and remain in effect, subject to the permit conditions and regulations set forth in this article, as long as the facilities authorized by the permit occupy the right-of-way.

Responsibility for compliance with the terms of the permit cannot be assigned or transferred by the permittee without first obtaining approval from the Township Roadmaster. Any facility installed under the authority of the said permit shall be subject to removal or relocation at the expense of the permittee.

Additional restrictions. All work authorized by the permit is subject to:

All applicable federal, state and local ordinances, laws and regulations, including but not limited to:

The Pennsylvania Municipalities Planning Code (Act 247, as amended),[1] concerning environmental control measures related to pollution and the preservation of public natural resources.

Editor's Note: See 53 P.S. § 10101 et seq.

The Pennsylvania One Call System (PA Act 172, as amended), concerning protection of the public health and safety by providing underground utility information and preventing excavation work from damaging underground utility facilities.

O.S.H.A. Construction Safety and Health Regulations, as amended.

Any rights of any person.

The conditions, restrictions, and provisions of the permit.

Township standards.

The work shall be done at such time and in such manner as shall be consistent with the safety of the public and shall conform to all requirements and standards of the Township. If at any time it shall be found by the Township that the work is not being done or has not been properly performed, the permittee, upon being notified by the Township, shall immediately take the necessary steps, at its own expense, to place the work in a condition to conform to such requirements or standards.

Whenever any requirement or standard of the Township is superseded by a requirement or standard of the federal government or of the Commonwealth of Pennsylvania, the requirement or standard of the federal government or of the Commonwealth of Pennsylvania shall apply.

Permittee responsibilities.

The permittee shall be responsible for all cost and expenses incident to or arising from the permitted work, including the prescribed fees for same, the costs of making and maintaining temporary restoration of the disturbed areas and making permanent restoration. The permittee shall reimburse the Township for any and all inspection costs related to the permitted work, which the Township may deem it necessary to incur, within 30 days after receipt of the Township's invoice.

In the event of failure or neglect by the permittee to perform and comply with the permit or the regulations set forth in this article, the Township may immediately revoke and annul the permit and order and direct the permittee to remove any or all structures, equipment or property belonging to the permittee and/or its contractors from the legal limits of the right-of-way and to restore the right-of-way to its former condition. In the event the Township determines that such structures, equipment or property pose a threat to the public safety and the permittee fails to remove the same after notice from the Township to do so, the prothonotary or any attorney of any court of record shall be authorized to appear for the permittee and to enter an amicable action of ejectment and confess judgment against the permittee; the prothonotary or any attorney of any court of record shall be authorized to issue forthwith a writ of possession with costs, without leave of court. To provide for the aforesaid action of ejectment and confession of judgment, the Township may, in addition to requiring a deposit and bonding, also require the permittee to execute a confession of judgment waiver, as well as such other documentation as may be deemed necessary by the Township.

If work is stopped on a project for any reason, other than at the end of any normal workday, and any excavations or openings remain open for more than 72 hours, the permittee, if so directed, shall refill the excavations or openings and work shall not be resumed until the permittee is prepared to proceed immediately with the work to its completion. In the event the permittee fails to refill the excavations or openings or proceed until completion of the work upon notice from the Township to do so, the Township may perform the necessary and required work and shall be reimbursed for the costs by the permittee within 30 days after receipt of the Township's invoice.

If the permittee, after making an opening in the surface to place or repair a facility or for any other purpose, fails to restore the right-of-way to conform with the requirements of this article relating to general conditions, special conditions for subsurface operations and special conditions for above-ground facilities, upon notice from the Township to do so, the Township reserves the right to do the work and the permittee shall reimburse the Township for the costs within 30 days after receipt of the Township's invoice.

(5)

The permittee is responsible for notifying adjacent property owners anytime the work may require the removal and replacement of existing curbs, sidewalks, and driveway ramps. Replacement shall be in accordance with the standards for curb and sidewalk construction, as adopted the Township. The cost of the replacement shall be the responsibility of the permittee.

Altering vegetation prohibited. This permit does not authorize the permittee to cut, remove or destroy trees or shrubbery within the right-of-way unless specifically noted on the permit.

Altering drainage prohibited.

Unless specifically authorized by the permit, the permittee shall not:

Alter the existing drainage pattern or the existing flow of drainage water.

Direct additional drainage of surface water toward, onto, or into or in any way affect the street right-of-way or street facilities.

The issuance of a permit does not authorize the permittee to direct, divert or otherwise drain surface waters over the property of any other property owner.

The issuance of a permit does not in any way relieve the permittee from acquiring the consent, permission or other authorization from any property owner who may be adversely affected by drainage alterations.

The permittee is responsible for any damage caused to any private or public property as a result of work done under the permit.

Equipment damage to street.

To protect the pavement and shoulders, all equipment shall have rubber wheels or runners and shall have rubber, wood, or similar protective pads between the outriggers and the surface unless otherwise authorized by the permit.

In the event that other than rubber-equipped machinery is authorized for use, the pavement and shoulders shall be protected by the use of matting, wood or other suitable protective material having a minimum thickness of four inches, unless the permit requires the permittee to repave the roadway full width.

If the equipment damages the pavement or shoulders, the permittee shall restore the pavement or shoulders to their former condition, at the permittee's expense.

Traffic protection and maintenance. Maintenance and protection of traffic shall be carried out in accordance with the current requirements of PennDOT as set forth in Publication No. 43 and Publication No. 90.

The permittee shall provide and maintain all necessary precautions to prevent injury or damage to persons and property in accordance with instructions furnished by the Township Roadmaster. A traffic control plan shall be submitted to the Township Roadmaster and approved by the Township Roadmaster and Police Department before detouring any traffic.

Warning signs shall be placed in advance of the actual operation in such a manner as to be visible to the traveling public and substantial barricades with adequate illumination shall be provided and maintained for any excavations or openings in the improved area. The type, quantity, size and location of the warning signs and barricades shall be subject to the approval of the Township Roadmaster.

Designated employees of the permittee shall be assigned by the permittee to direct one-lane traffic. Flagmen shall be provided as specified in the permit and in accordance with PennDOT Publication No. 43 and Publication No. 90.

Streets under construction. No permit application will be approved for occupancy of a section of right-of-way within which a street construction 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 Roadmaster. No applications will be approved for a period of three years on a newly constructed and/or resurfaced street. The provisions of this subsection shall not apply:

In case of emergency, the permittee shall procure the consent of the Township's Roadmaster to do such work as may be deemed necessary to correct the existing emergency condition in accordance with the applicable section of this article relating to emergency work.

Where the permittee has been authorized by the Township to relocate or adjust their facilities simultaneously with such street construction.

Sharing facilities.

Subsurface. The application shall identify any other utility's facility that will be sharing a trench or structure with the applicant's facilities.

Indemnification. The permittee shall fully indemnify and save harmless and defend the Township of and from all liability or damages or injury occurring to any person or persons or property:

Through or in consequence of any act or omission of any contractor, agent, servant, or employee of the permittee or other person engaged or employed in, about, or upon the work, by, at the instance, or with the approval or consent of the permittee;

From any failure of the permittee or any such person to comply with the permit or the regulations set forth in this article; and

From the failure during the two-year period after completion of the permitted work of the street in the immediate area of the work performed under the permit where there is no similar failure of the street beyond the area adjacent to the area of the permitted work.

Insurance. The permittee shall submit to the Township Roadmaster's office a certificate or certificates of insurance for public liability and property damage, in form and amount satisfactory to the Township Roadmaster, Township Solicitor and Township Engineer 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 permitted structures or facilities.

Blasting. No predrilling or blasting shall be permitted within the right-of-way, unless authorized by the permit.

If the permittee proposes to blast, the permittee shall make, execute and deliver a blaster's license and a bond to the Township in an amount determined by the Township Roadmaster with surety by a company duly registered and authorized to do business in the Commonwealth of Pennsylvania, conditioned that the Township will be saved harmless from any damages whatsoever to the improved area and all other private and public property for a period of one year from the date of the completion of the last work covered by the permit.

When blasting is anticipated within 100 feet of any building or structure, a detailed plan of excavating, sharing, blasting and backfilling procedures shall be submitted with the application to the Township for review and approval. The Township may require preblast inspections to structures or facilities which in his affected by the permitted work. Blasting, as specified in Section 203.3(d), PennDOT Form 408, shall be permitted within the improved area.

Maintaining structure or facility. As long as the permittee operates and leaves in place any structure or facility in, upon or along the right-of-way, the permittee shall maintain and keep it in good order and repair.

Damaged structure or facility. If at any time the structure or facility shall become damaged from any cause whatsoever, the permittee shall have it removed, repaired or otherwise made safe immediately upon notification from the Township.

Damage to street.

If there is a failure of the street, including slope or any other appurtenance thereto, in the immediate area of the permitted work within two years after completion of the permitted work and there is no similar failure of the street beyond the area adjacent to the area of the permitted work, the permittee shall have absolute responsibility to make all temporary and permanent restoration, including restoration of the adjacent area if it has also failed.

If there is a failure of the street, including slope or any other appurtenance thereto in the area adjacent to the immediate area of the permitted work within two years after the completion of the permitted work and there is no similar failure of the street in the area of the permitted work or beyond the area adjacent to the area of the permitted work, it shall be presumed that the work done by the permittee was the proximate cause of the failure and the permittee shall be responsible to make all temporary and permanent restoration unless the presumption is rebutted by clear and convincing evidence.

Where the permittee has the responsibility to restore the street, including slope or any other appurtenance thereto, under any of the above provisions, including instances where a presumption of responsibility has not been rebutted, the permittee shall have the duty to restore the improved area in accordance with the original permit. If the permittee fails to restore the improved area properly, the Township shall have the authority to do the work at the permittee's expense. The permittee shall reimburse the Township for the costs within 30 days after receipt of the Township's invoice.

Future street changes. If at any time in the future the street in which a permitted structure or facility is installed or constructed is altered for public convenience or necessity, the owner of the facility shall, at its own cost and expense, change or relocate all or any part of the structure or facility authorized by the permit which interferes with such street alterations or which is inconsistent with the purpose of the street alterations.

Approval by inspector. Approval by the Township's inspector of all or part of any permitted work shall not constitute acknowledgment that the work was performed in accordance with the permit; nor shall such approval of the inspector act as a release of the permittee or waiver by the Township of its right to seek performance or restitution from the premises.

§ 168-12 Special conditions for subsurface operations.

Drilling, boring, driving or tunneling under improved area.

[Amended 2-17-2014 by Ord. No. 2014-02]

When crossing under any improved area, the opening for a utility facility shall be drilled, bored or driven on a horizontal plane at a minimum depth of three feet below the surface of the street and its swale ditches.

The facility may be placed by tunneling when authorized by the permit. When tunneling, after the facility is placed, the hole shall be backfilled with 1:3:6 concrete of dry consistency and tamped.

Wet boring is prohibited.

No openings for the purpose of placing utility facilities or other structures under the improved area by drilling, boring, driving or tunneling shall be made closer than three feet to the edge of the roadway, unless the permit authorizes a lesser clearance.

Facilities and other structures crossing under the improved area shall be constructed so as 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. Such facilities shall comply with applicable provisions of PennDOT Design Manual, Part 5.

Trenching across improved area.

No trenching shall be permitted across the improved area unless authorized by the permit.

Trenching across the improved area may be authorized by the permit where drilling, boring, driving, or tunneling are not feasible because:

The subsurface is solid rock.

There are other facilities located longitudinally under the improved area and their location precludes methods other than trenching.

Adjacent development in a very congested urban area makes the construction of a tunneling or boring shaft impossible.

(d)

The Township Roadmaster determines that the disruption to traffic and length of exposure will be minimal.

When trenching is specified in the permit and the utility facility is to be placed across the street in one piece, the trenching operation shall be performed by the following method.

Trench openings parallel to street.

Trench openings for utility facilities and other structures shall be made so that the near edge of the opening is at least three feet outside the edge of the cartway unless the permit authorizes a lesser clearance, with a minimum depth of three feet from the surface to the top of the facility.

On an unpaved street, the near edge of the trench opening shall be at least 12 feet from the general center line of the traveled street, or as authorized in Subsection C(1) of this section.

No trench opening shall be left open for a distance of more than 200 feet at any one time, unless authorized by the permit. In addition, no more than 40 feet of trench shall be left open on the shoulder of a street at the end of any workday, unless authorized by the permit.

Plates or bridging required. Except for emergency repairs of utility facilities or as set forth on the permit, work shall be stopped prior to peak traffic hours that exist on a particular street on a particular day. Steel plates or bridging shall be placed over all openings made within the improved area which are less than six feet in either length or width when work is stopped. 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.

Disposition of materials.

The permittee shall keep the improved area free of all material which may be deposited by vehicles traveling upon or entering onto the street during the performance of work authorized by the permit.

The permittee shall be responsible for controlling dust conditions created by its own operations.

All excess material and material that is not suitable for backfill shall be removed and disposed of outside the right-of-way as the work progresses.

All retained suitable material shall be placed or stored on the side of the operation, farthest from traffic, unless otherwise authorized by the permit, 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.

Backfilling. All openings made in the cartway or in paved shoulders shall be backfilled by the permittee in accordance with the following minimum standards:

The opening shall be backfilled with No. 2RC aggregate, compacted in not more than six-inch layers, with approved vibratory compaction equipment.

Compaction shall be completed to the bottom elevation of the existing pavement.

Temporary or permanent restoration shall be placed at the end of each working day.

Restoration of flexible base pavements. Base and surface restoration of flexible base pavements shall be done in accordance with one of the two methods listed below, as specified in the permit.

High early strength concrete restoration method (to be used when permanent restoration is made upon completion of backfill). Prior to replacement of the base course, one foot from each edge of the trench shall be sawed or cut, in a neat straight line, to the bottom elevation of the existing base course, and the detached material shall be removed. Drilling shall not be permitted.

The base course shall be replaced with a minimum of eight-inch, high early strength concrete to the elevation of the existing crushed aggregate base course. The high early strength concrete shall then be cured in accordance with Section 501.3(n), PennDOT Form 408. If a trench exceeds four feet in width, No. 6 reinforcing bars shall be installed in the concrete base course, placed at six-inch centers measured longitudinally in the direction of the trench, with a two-inch clearance on each end and a three-inch clearance on the bottom.

[Amended 2-17-2014 by Ord. No. 2014-02]

Following the concrete curing a tack coat of E-1 bituminous material or SR tack coat shall be applied in accordance with Section 460, PennDOT Form 408.

After the tack coat has cured, the bituminous binder and/or wearing course shall be placed so as to conform to the existing type of road binder and wearing courses.

(d)

The edges of the repair shall be sealed with the type and class of material designated for the surface course for a width of 12 inches centered on the repair joint in accordance with PennDOT Form 408, Section 401.3.

Ninety-day temporary and permanent restoration method (to be used when temporary restoration is made followed by a minimum ninety-day settlement period).

Temporary restoration shall be made and kept in place for a minimum of 90 days after backfilling the trench. The 2RC aggregate backfill material shall be placed in accordance with the applicable sections of this article with a surface of a two-inch compacted 2P-2 bituminous stockpile mix.

Permanent restoration.

After the minimum ninety-day period, but before 210 days, the temporary restoration shall be removed and permanent restoration made.

[2]

Prior to making the permanent restoration, one foot from each edge of the trench shall be sawed or cut, in a neat straight line, to the bottom elevation of the existing base course, and the detached material shall be removed. Drilling shall not be permitted.

[3]

The permanent base course shall consist of bituminous concrete meeting the requirements of Section 305, PennDOT Form 406, and having a minimum depth of five inches or a depth equal to the existing base course, whichever is greater.

[4]

The permanent surface course shall be placed in accordance with the depths of the existing bituminous surface, but in no case shall the ID-2 wearing course be less than 1 1/2 inch.

[5]

The edge of the repair shall be sealed with the type and class of material designated for the surface course for a width of 12 inches centered on the repair joint in accordance with PennDOT Form 408.

Temporary and permanent restoration of plain or reinforced cement concrete pavements.

Upon completion of the trench backfill, the 2-RC aggregate shall be placed in accordance with § 168-12F of this article with a temporary surface of compaction 2P-2 bituminous stockpile mix. Permanent restoration can be made at any time prior to the expiration of 210 days from the backfilling of the trench. If permanent restoration is completed immediately after backfilling, temporary restoration is not required.

Prior to replacement of the base, one foot from each edge of the trench shall be sawed or cut, in a neat straight line, to a depth of at least three inches, and the detached material shall be removed. Drilling shall not be permitted where sawing or cutting is required.

The replacement base shall consist of high early strength concrete equal in depth to the original concrete pavement.

On existing reinforced cement concrete pavements, reinforcing steel and expansion tie bolts shall be placed in accordance with PennDOT Roadway Construction Standards.

The surface shall be restored as follows:

The surface shall be cured in accordance with PennDOT Form 408. After surface corrections have been completed and just before the concrete becomes nonplastic, the surface shall be given a textured finish in accordance with PennDOT Form 408.

[2]

Surface restoration of a cement concrete pavement which has a bituminous surface shall be done in accordance with the applicable sections of this article.

[3]

The edge of the repair shall be sealed with the type and class of material designated for the surface course for a width of 12 inches centered on the repair joint in accordance with PennDOT Form 408.

Shoulder restoration.

Paved and stabilized shoulders.

Permanent restoration.

After the minimum ninety-day period, but before 210 days, the temporary restoration shall be removed and permanent restoration made.

[2]

[3]

Paved and stabilized shoulders shall be reconstructed and restored to a serviceable condition, of the same type as existed before the start of work.

Unpaved shoulders. All unpaved shoulder shall be graded, rolled and penetrated in accordance with the requirements specified by the Union Township Roadmaster and/or other authorized Township agency.

Appurtenances to underground installations.

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.

The surface surrounding manhole or valve covers located in shoulders shall be paved in such a manner as to prevent washouts.

Additional restoration.

All disturbed portions of the street, including all appurtenances and structures, such as guardrail or drain pipes, shall be restored to a condition equal to or better than that which existed before the start of any work authorized by the permit.

If the permittee opens the street pavement, whether to install a new facility or to modify an existing facility or for any reason, including to perform emergency work pursuant to this article (relating to emergency work), and the wearing course is less than five years old, the permittee shall, in addition to the minimum restoration conditions outlined within this article (relating to special conditions subsurface operations), overlay the street pavement in accordance with the following conditions:

[Amended 2-17-2014 by Ord. No. 2014-02]

When a longitudinal opening larger than 10 feet and wider than two feet is made in the street pavement, the permittee shall overlay the full width of the traffic lane(s) in which the opening was made, for the entire length of the street opening.

When two or more transverse trench openings are made by the permittee in the street pavement less than 100 feet apart, the permittee shall overlay the full width of all traffic lanes in which the openings were made for the entire length of the street between openings.

Regardless of the age of the wearing course, when both longitudinal and transverse trench openings are made in the street pavement, the Township may require the permittee to overlay the full width of all traffic lanes in which such openings were made for the entire length of the street opening, if the Township Roadmaster determines that the present serviceability of the street has been impaired by the openings, with the overlay being more fully depicted in Appendix A, found at 168 Attachment 1, incorporated herein by reference.

[Amended 2-17-2014 by Ord. No. 2014-02]

§ 168-13 Record examination.

All permit records, restoration records and emergency work records shall be made available for examination by an authorized representative of the Township upon request.

§ 168-14 Enforcement; violations and penalties.

Enforcement. Any violation of the regulations set forth in this article shall constitute grounds for imposition of any or all of the following penalties:

Upon receipt of oral or written notice of any violations, from the Township's authorized representative, the permittee shall cease to perform any further work in the permitted area except to restore the area to a safe condition. No further work shall 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 five days of receipt of the oral notice.

Confiscation of the applicant's permit or emergency permit card by the Township Roadmaster.

Revocation of the applicant's permit or emergency permit card by the Township Roadmaster.