This article shall be known and may be cited
as the "Union Township Street Cut and Occupancy Ordinance."
The following words and phrases when used in
this article shall have the meanings ascribed to them in this section
except where the context clearly indicates a different meaning:
ADJACENT AREA
The area surrounding the immediate area of the permitted
work which can reasonably be assumed to have been affected by the
permitted work.
APPLICANT
The person or entity filing an application under this article
for a permit. Once a permit has been issued, the applicant, or his
assignee, if the assignment of the permit shall have been approved
by the Township, shall be deemed the permittee.
BACKFILL
Material used to replace or the act of replacing material
removed during construction.
BASE COURSE
The layer or layers of specified or selected material of
designed thickness placed on a subbase or a subgrade to support a
surface course.
CARTWAY
That portion of a street improved, designed or ordinarily
used for vehicular travel, exclusive of the sidewalk or shoulder.
CLEAR ROADSIDE AREA
The portion of right-of-way beyond the pavement edge within
which no existing obstructions are located.
DETOUR
To send traffic by a circuitous route around the portion
of a road that has been closed in accordance with the applicable sections
of this article relating to traffic control plans or relating to traffic
protection and maintenance.
EMERGENCY
An unforeseen occurrence or combination of circumstances
which calls for immediate action or remedy.
EQUIPMENT
All machinery and equipment, together with the necessary
supplies for upkeep and maintenance, and also tools and apparatus
necessary or the proper construction and completion of the work.
FACILITY
Shall mean and include all privately, publicly and cooperatively
owned lines and systems or producing, transmitting or distributing
communications, electricity, heat, gas, oil, crude products, water,
steam, waste, and other similar commodities, which directly or indirectly
serve the public, and all appurtenances an attachments thereto.
FLEXIBLE BASE PAVEMENT
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.
FORM 408
A publication containing PennDOT's highway construction specifications,
including any amendment thereto and any substitution or replacement
thereof.
IMPROVED AREA
The area within the right-of-way which has been constructed
for street purposes, including roadbed, pavement, shoulders, slope,
sidewalks, drainage facilities and any other appurtenances.
INSPECTOR
The Township's authorized representative assigned to inspect
permit operations.
PAVEMENT
The combination of subbase, base course, and surface course
placed on a subgrade to support the traffic load and distribute it
to the roadbed.
PENN DOT
The Pennsylvania Department of Transportation.
PERMIT
A street occupancy permit issued by the Township pursuant
to this article.
PERSON
Any natural person, firm, partnership, association, corporation
or political subdivision.
RIGHT-OF-WAY
The area between the right-of-way lines of a street.
SHOULDER
The portion of the cartway, contiguous to the traffic lanes,
for accommodation of stopped vehicles, for emergency use, and for
lateral support of base and surface courses and pavements.
TOWNSHIP
The Township of Union, Berks County, Pennsylvania.
TOWNSHIP ROADMASTER
The person so designated by the Union Township Board of Supervisors
or his representative so designated either by the Union Township Board
of Supervisors or by the Township Roadmaster.
UTILITY
A person owning a utility facility, including any wholly
owned or controlled subsidiary, and including any plumber or any other
contractor hired or engaged by the owner.
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:
A. The utility company shall immediately notify the Township
by telephone when the necessity for an emergency repair occurs.
B. Prior to opening the surface or placing utility facilities
within the right-of-way, the utility work crew shall supply the following
information:
(1) Date emergency work is started.
(2) Time emergency work is started.
(3) Location of emergency work site.
(4) Description of emergency work.
C. 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.
D. 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.
The following conditions shall apply to permits
issued pursuant to the applicable sections of this article:
A. Scope of permit. The permit shall be binding upon
the permittee, its agents, contractors, successors and assigns.
(1) The permittee shall be responsible for causing compliance
with all terms and conditions of the permit by its agents, contractors
and successors.
(2) 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.
(3) 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.
(4) 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.
B. Additional restrictions. All work authorized by the
permit is subject to:
(1) All applicable federal, state and local ordinances,
laws and regulations, including but not limited to:
(a)
The Pennsylvania Municipalities Planning Code
(Act 247, as amended), concerning environmental control measures related to pollution
and the preservation of public natural resources.
(b)
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.
(c)
O.S.H.A. Construction Safety and Health Regulations,
as amended.
(2) Any rights of any person.
(3) The conditions, restrictions, and provisions of the
permit.
C. Township standards.
(1) 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.
(2) 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.
D. Permittee responsibilities.
(1) 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.
(2) 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.
(3) 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.
(4) 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.
E. 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.
F. Altering drainage prohibited.
(1) Unless specifically authorized by the permit, the
permittee shall not:
(a)
Alter the existing drainage pattern or the existing
flow of drainage water.
(b)
Direct additional drainage of surface water
toward, onto, or into or in any way affect the street right-of-way
or street facilities.
(2) 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.
(a)
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.
(b)
The permittee is responsible for any damage
caused to any private or public property as a result of work done
under the permit.
G. Equipment damage to street.
(1) 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.
(2) 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.
(3) 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.
H. 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.
(1) 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.
(2) 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.
(3) 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.
I. 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:
(1) 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.
(2) Where the permittee has been authorized by the Township
to relocate or adjust their facilities simultaneously with such street
construction.
J. Sharing facilities.
(1) Subsurface. The application shall identify any other
utility's facility that will be sharing a trench or structure with
the applicant's facilities.
K. 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:
(1) 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;
(2) From any failure of the permittee or any such person
to comply with the permit or the regulations set forth in this article;
and
(3) 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.
L. 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.
M. Blasting. No predrilling or blasting shall be permitted
within the right-of-way, unless authorized by the permit.
(1) 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.
(2) 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.
N. 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.
O. 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.
P. Damage to street.
(1) 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.
(2) 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.
(3) 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.
Q. 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.
R. 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.
All permit records, restoration records and
emergency work records shall be made available for examination by
an authorized representative of the Township upon request.
This article is adopted pursuant to the Township's
police power and is hereby declared not to be related to the zoning
and/or land planning authority of the Township and any person aggrieved
by the application, enforcement or other adjudication made, pursuant
to the terms of this article, may appeal within 30 days of said adjudication
for a hearing before the Board of Supervisors of Union Township in
accordance with the applicable portions of the Pennsylvania Local
Agency Law, as amended.