[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.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
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.