Township of Loyalsock, PA Article III Openings and Excavations

[Adopted 5-28-1974 by Ord. No. 140 (Ch. 10, Art. III of the 1972 Code)]

§ 185-20 Required permit; compliance with regulations.

In accordance with the provisions of Section 1156 of Article XI of the Second Class Township Code, as amended, 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, water pipe, electric conduits or other piping be laid upon or in, nor shall any telephone, telegraph, electric light or power poles or any coal tipples or any other obstructions be erected upon or in any portion of a township road except under such conditions, restrictions and regulations relating to the installation and maintenance thereof, as may be prescribed in permits granted by the township for such purpose.

§ 185-21 Permit application; fee; diagram.

The application for a permit shall be on a form prescribed by the township and submitted to the township in triplicate. The application shall be accompanied by a fee in accordance with the schedule of fees set forth by the Department of Transportation for highway occupancy permits and restoration charges. In addition, the applicant shall submit three copies of a sketch showing such dimensions as the location of the intended facility, width of the traveled roadway, right-of-way lines and a dimension to the nearest intersecting street.

§ 185-22 Issuance of permit.

A permit shall be issued to the applicant after all the aforementioned requirements have been filed.

§ 185-23 Notice of project completion.

Upon completion of the work, the applicant shall give written notice thereof to the township.

§ 185-23.1 Completion of street restoration requirements.

[Added 3-22-2016 by Ord. No. 374]

All street restoration must be done in accordance with the following specifications:

A. Reference to Pennsylvania Department of Transportation.

(1) Where applicable, all materials used shall be on the "List of Approved Materials" with the Pennsylvania Department of Transportation. The applicant must provide the Township with certification slips.

(2) All asphalt and concrete products used shall be supplied by a plant approved by the Pennsylvania Department of Transportation. The applicant must provide the Township with delivery slips and certification slips.

(3) All construction to be in accordance with the Pennsylvania Department of Transportation Specifications Publication 408 dated April 1, 2011, and supplements thereto, unless otherwise noted or otherwise directed by the specifications contained herein.

(4) Maintenance and protection of traffic shall be performed by the permittee in accordance with the applicable provisions of the Pennsylvania Department of Transportation Publication 212, Publication 213 and Publication 408. The Township reserves the right to require the permittee to submit a traffic control plan prior to starting the work.

B. Pavement restoration.

(1) T-trench shall be the standard restoration practice for all excavations greater than eight inches in width; see typical detail for trench restoration. Outermost saw cuts and/or milling may not extend into the bituminous base material. In the event a failure occurs in a T-trench, the Township may require additional restoration requirements. The Township reserves the right to require compaction testing by an independent testing agency for an opening or multiple openings exceeding 50 feet in length.

(2) Minimum pavement restoration requirements for trenches exceeding 100 feet in length shall be restored to a full lane(s)' width for the entire length if the trench. The wearing course shall be milled to a depth of 1 1/2 inches, base surface cleaned and a tack coat applied as specified. The Township may direct the contractor to utilize 1/2 inch of the wearing course to complete a scratch course as needed. The asphalt wearing surface will then be restored by means of a mechanical paving machine.

(3) If four or more openings occur within 250 feet by the same utility, that affected lane(s) will be required to be milled 1 1/2 inches depth and a new wearing surface placed in accord with Subsection B(2) above. This includes openings counted over one construction season. Exception: In the event a new service is requested by a utility customer that triggers the lane resurfacing provision, an exception may be granted by the Codes Administrator.

(4) If more than 100 linear feet of longitudinal or traverse openings, or both, in one construction season are made in the pavement, the Township will require the permittee to overlay the traffic lanes in which the openings were made, for the entire length of the highway that was opened in accord with Subsection B(2) above. This includes longitudinal or traverse openings over multiple construction seasons.

(5) All openings or excavations shall be backfilled promptly, including the placement of hot or cold patch, two inches depth temporary paving. If the excavation cannot be backfilled the same working day, the open trench must be plated for vehicular use.

(6) The temporary paving shall be thoroughly bound and compacted, shall be installed flush with the surface of the adjoining paving and maintained until permanent restoration is made.

(7) On concrete base streets, such concrete base shall be replaced with Class A concrete to match the existing thickness, and the minimum size of the opening or excavation shall be 16 square feet.

(8) Excavation cuts made between April 1 and October 1 must be permanently restored within 60 days but at no time later than when the asphalt plants close for the season.

(9) Excavation cuts made during October must be permanently restored prior to the asphalt plants closing for the season.

(10) Excavation cuts made between November 1 and March 1 must be permanently restored within 60 days from March 31. Only excavation cuts that are considered emergency in nature will be approved during this time period by the Township. Upon a written request, projects requiring excavation during this time period may be undertaken upon approval by the Board of Supervisors.

C. Notification. Once the street excavation permit is obtained, the permittee is required to notify the Township 24 hours prior to the date work will commence.

D. Newly paved streets. No excavation, other than those considered an emergency by the Board of Supervisors or its designated agent, shall be permitted within any newly paved street (less than two years). If an exemption is to be considered, a written request must be submitted to the Township stating the reason for the excavation cut.

§ 185-24 Inspection by township; correction of defects by township.

Upon completion of the work authorized by the permit, the township shall inspect the work and, when necessary, enforce compliance with the conditions, restrictions and regulations prescribed by the permit. Where any settlement or defect in the work occurs, if the applicant shall fail to rectify any such settlement or other defect within 60 days after written notice from the township to do so, the township may do the work and shall impose upon the applicant the cost thereof, together with an additional 20% of such cost.

§ 185-25 Violations and penalties.

[Amended 10-8-1996 by Ord. No. 266; 8-25-1998 by Ord. No. 274]

This article shall be enforced by action brought before a District Justice in the same manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure. Any person who violates or permits the violation of this article shall, upon conviction in a summary proceeding, be punishable by a fine of not less than $100 nor more than $1,000 or by imprisonment for a term not exceeding 90 days. Each day or portion thereof that such violation continues or is permitted to continue shall constitute a separate offense. Each section of this article that is violated shall also constitute a separate offense.