[Adopted 1-23-1996 by Ord. No. 392]
In accordance with the provisions of § 1156
of Article XI of the Second Class Township Code, as amended, 53 P.S.
§ 66156, no railroad or street railway shall hereafter be
constructed upon any Township road, nor shall any railroad or street
railway crossings, nor any gas pipe, sanitary sewer pipe, storm sewer
pipe, water pipe, electric conduits, or other piping be laid upon
or in, nor shall any telephone, telegraph, or electric light or power
poles, or any coal tipples or any other obstructions be erected upon
or any portion of a Township road except under such specifications,
regulations and conditions relating to the installation and maintenance
thereof as may be prescribed in permits granted by the Township for
such purpose. The specifications, regulations and conditions incorporated
herein by reference thereto shall be attached to the permit and shall
be construed to be a part thereof. The Board of Supervisors may revise
said specifications, regulations and conditions by majority vote at
any regular or special meeting, and such revisions shall be attached
to and thus made a part of all permits issued from that date forward.
The application for the permit shall be submitted
in duplicate, or such other number as may be required, to the Township
of Derry or any office thereof designated from time to time by motion
of the Board of Supervisors, on a form prescribed by the Township
three days prior to commencement of the work. The application shall
be accompanied by fees for processing the application and for making
the first inspection of completed work as prescribed by the Township,
subject to limitations prescribed by the Department of Transportation
for highway occupancy permits. In addition, the applicant shall submit
four copies of a sketch showing such dimensions as the location of
the intended facility, size and location of the cut, depth of the
cut, right-of-way widths, paving widths, existing utility lines, distance
to the nearest intersection, sidewalk locations, existing municipal
signs and any other pertinent information necessary for the completion
of the application.
A permit may be issued to the applicant after
all the aforementioned requirements have been filed. If the application
is disapproved, written notice of disapproval together with reasons
therefor shall be given to the applicant.
The road occupancy permit shall be issued in
the name of the owner of the facility, hereinafter called the "permittee."
The permittee shall cause its agents, contractors, successors and
assigns to comply with all the terms and conditions of the permit.
The work authorized by the permit is subject
to all the provisions of the Underground Utility Line Protection Law,
the Act of December 10, 1974, P.L. 852, No. 287, § 1 et
seq., as amended, 73 P.S. § 176 et seq. It shall be the
permittee's responsibility to contact the utilities that have recorded
their facilities in compliance with said Act. A partial list of utilities
providing services in the Township of Derry and their office address
is on file in the office of the Township. This list is not to be construed
as complete and does not relieve the permittee from obtaining a complete
list from the Dauphin County Recorder of Deeds.
Prior to the commencement of work authorized
by the permit, the permittee shall notify the Township, or its designated
officer, which currently is the Office of the Director of Engineering,
to indicate the date that work is scheduled to commence. Further,
the permittee shall be required to notify the Township or its designated
officer when paving and backfilling operations shall commence. Upon
completion of the work, the permittee shall give notice thereof to
the Township or its designated officer in writing. Thereafter, periodic
inspections of the work shall be conducted by the Township for a period
not exceeding two years, and if any settlement of the road surface
or other defect appears in the work contrary to the conditions, restrictions
and regulations of the Township, it may enforce compliance therewith.
In the event that the Township determines that repairs are necessary
within the two-year period, the permittee shall be required to make
such repairs.
Within the two-year period following receipt
of notice of the completion of the work authorized, where any settlement
of the road surface or defect in the work occurs, and if the permittee
shall fail to rectify any such settlement, defect or unsatisfactory
work within 60 days after written notice from the Township of Derry
to do so, the Township may do the work or enter into an agreement
with a responsible contractor to perform the necessary work and shall
impose upon the permittee the cost thereof, together with an additional
20% of such cost which may be recovered in an action in assumpsit
in the Court of Common Pleas for Dauphin County. The sixty-day period
of compliance may be extended by the Township at its sole discretion
upon a showing of good and sufficient cause.
In the event that the permittee fails to undertake and complete work in accordance with the permit, the Township may revoke the permit, complete the work or enter into an agreement with a responsible contractor to perform the work and recover the cost thereof, together with an additional 20% of such cost in accordance with §
179-16 of this article, or bring any other legal or equitable action as is necessary.
The permission herein granted does not confer
upon the permittee or its contractors the right to cut, remove or
destroy trees or shrubbery within the legal right-of-way except under
specifications, regulations and conditions as the Township may prescribe.
If at any time in the future the roadway is
widened, reconstructed or the alignment or grades are changed, the
permittee further agrees to change or relocate all or any part of
the structures covered by this permit which interfere with the improvement
of the roadway at its own cost and expense.
After a permit is granted by the Township, it
shall not be assigned or transferred without prior written notice
to and written approval by the Township.
To protect the roadway surface on such projects
all equipment used shall have rubber tires on wheels.
A. Maintenance and protection of traffic for work authorized
by this permit shall be carried out in accordance with the Township
requirements as outlined herein and in compliance with Pennsylvania
Department of Transportation Publication Nos. 43 and 90, §§ 3102,
3104, 3326, 3714 and 6123 of the Vehicle Code, 75 Pa.C.S.A. §§ 3102,
3104, 3326, 3714, and 6123, which are incorporated herein by reference
thereto. The permittee shall provide and maintain all necessary precautions
to prevent injury or damage to persons and property from operations
covered by this permit. A traffic control plan may be required as
directed by the Township.
B. Warning signs shall be placed beyond each end of the
operation in such a manner as to be visible by the traveling public
and meet the requirements of the Township. Special employees shall
be assigned by the permittee or his contractor to direct traffic when
it becomes necessary to limit the flow of traffic to one lane or direction.
Barricades with illumination shall be provided and maintained for
any open trench or hole in the highway right-of-way in a manner approved
by the Township.
C. On certain roadways within the Township, and when
specially designated on the permit, plates or bridging shall be required
on all openings within the improved surface whenever work cannot be
completed within the same day.
D. The Township will assume no liability for the permittee's
failure to control traffic or to provide adequately installed barricades
or illumination as required by the Township.
E. Whenever the permittee is required to remove traffic
control devices maintained by the Commonwealth or Township for performance
of work authorized by the permit, the permittee shall be responsible
for controlling traffic during the period of time the work authorized
remains uncompleted. During such times that work is in progress and
the permittee is not controlling traffic or at such time that the
work authorized is completed, all traffic control devices so removed
shall be erected or replaced.
A. Whenever an existing Township controlled facility
such as storm sewer, tile drain or any other facility is encountered
during the course of work the Township, or its designated officer,
shall be contacted immediately and work shall not proceed unless authorized
by the Township. If the facility is damaged, it shall be replaced
or restored by the permittee in a manner approved by the Township,
and the permittee shall be liable for the cost thereof.
B. All excess material shall be removed from the legal
limits of the roadway as the work progresses. The permittee shall
keep the roadway free of any material which may be deposited by vehicles
traveling upon or entering onto any highway during the performance
of the work.
A. After installation of an underground utility or surface
improvement requiring excavation is completed, the excavation shall
be backfilled with 2RC aggregate in layers not to exceed eight inches,
each layer to be compacted with approved vibratory compaction equipment,
to the bottom elevation of the pavement structure.
B. Prior to replacement of the base course, the existing
base and surface shall be sawed or cut in neat straight lines one
foot on each side of the trench and removed.
C. The base course replacement shall consist of five
compacted inches of bituminous concrete base course meeting the requirements
of § 305, Pennsylvania Department of Transportation Form
408, the latest revised edition, which is incorporated herein by reference
thereto. The wearing surface shall be ID-2A and placed in accordance
with the above specifications and shall be a minimum of 1 1/2
inches thick of compacted material.
D. Immediately after the bituminous concrete base course
is put in place, it shall be uniformly compacted by approved vibratory
compaction equipment. Also, immediately after the ID-2A wearing surface
is placed and spread, and the surface irregularities are adjusted,
the ID-2A wearing surface shall be thoroughly and uniformly compacted
by roller or other approved vibratory compaction equipment.
E. The entire periphery of the cut shall be sealed with
a bituminous sealer as specified in § 401.3(g) of Pennsylvania
Department of Transportation Form 408, the latest revised edition,
which is incorporated herein by reference thereto, after the ID-2A
wearing surface is placed.
A. No street cut permits shall be issued between November 1 and April 1 except under emergency conditions. If emergency repairs are required during this period of time, the following temporary restoration procedure shall be followed: backfilling of any trench or other excavation shall be accomplished as outlined in §
179-23 of this article, and paving shall consist of a minimum of four inches of bituminous cold mix, compacted by approved methods.
B. It shall be the responsibility of the permittee to
repair and maintain all emergency road cuts during the months between
November 1 and April 1. It shall also be the responsibility of the
permittee to make the necessary permanent repairs within 30 days after
the local asphalt plants are opened and the ID-2A material is available.
C. In the event of emergency repairs necessary for the
safety of the public or the restoration or continuance of a public
utility or other public services, the following procedure shall be
followed:
(1) If the emergency occurs during normal working hours,
the Township shall be notified immediately of the emergency, and work
may proceed without a permit. However, an application for a permit
together with fees must be submitted to the Township or its designated
officer not later than 24 hours after completion of work. If the end
of the twenty-four-hour period occurs after normal Township Administration
Office hours or on Saturday, Sunday or on a holiday, the application
shall be submitted to the Township the morning of the next day that
the Township Administration Offices are open.
(2) If the emergency occurs after normal working hours
or on a weekend or holiday the Township Police Department shall be
notified immediately, and work to correct the emergency may commence
and proceed without a permit. However, application for a permit together
with fees must be submitted to the Township, or its designated officer
not later than 24 hours after completion of work. If the end of the
twenty-four-hour period occurs after normal Township Administration
Office hours or on Saturday, Sunday or on a holiday, the application
shall be submitted to the Township the morning of the next day that
the Township Administration Offices are open.
(3) These emergency procedures do not relieve the permittee
of complying in all other respects with the provisions of this article.
Special permission for temporary restoration may be granted between November 1 and April 1 providing that the permittee has shown a high concern and value of performance in the past for the permanent restoration of Township roads. The permittee shall be required to follow the procedure outlined in §
179-25 of this article concerning the temporary restoration.
Any person, firm or corporation who shall violate
any provision of this article, upon conviction thereof in an action
brought before a district justice in the manner provided for the enforcement
of summary offenses under the Pennsylvania Rules of Criminal Procedure,
shall be sentenced to pay a fine of not less than $25 nor more than
$1,000 plus costs and, in default of payment of said fine and costs,
to a term of imprisonment not to exceed 90 days. In the event that
a violation shall be committed by a corporation or partnership, the
officer of said corporation, or any of them, and the partners in said
corporation, or any of them, shall be liable to the penal provisions
of this article. After the Township has given written notice of the
violation of any provision of this article, each day that the condition
constituting the violation continues to exist after receipt of said
written notice shall constitute a new and separate offense for which
a separate and additional penalty may be imposed in accordance with
this Section.
Notwithstanding any of the other terms of this
article, no fee shall be collected for a permit issued to any permittee
which is a federal, state or local government authority or agency.
However, the approximate reasonable cost incurred by the Township
in making the first inspection of work authorized by the permit upon
completion thereof shall be paid by any permittee which is a federal,
state or local government authority or agency.