No person, firm, or corporation shall conduct any work in a
right-of-way within the jurisdiction of Maidencreek Township until
a street access permit (permit) is obtained from the Township. It
shall be the responsibility of the person receiving the permit (the
permittee) to promptly restore the permitted work area and any other
affected facility in proper order and repair following this chapter
and associated guidance documents. When a street access permit involves
the use of a utility the permittee shall be the owner of the utility
or the owner's legal agent.
Applications for a permit under the purpose of §
186-4 shall be submitted on the form provided by the Township. A complete application shall include all information related to the work being proposed for a permit, and applicable fees, and shall be signed by the applicant. A separate permit application must be submitted for each Township road; work on multiple roads shall not be included in any application. The application shall include the following:
A. Plan of work. The applicant shall furnish a scale plan which shall
accompany the application showing the extent and nature of the planned
work at each street cut location within the right-of-way. The plan
shall set forth but is not limited to include:
(1) The purpose for which the application is to be made;
(2) The full scope of work to be included in the project (an applicant
needing to apply for multiple permits for the same purpose and scope
of work shall understand "project" referenced here to mean the entire
project performed in a window of two years);
(3) The dimensions and location of the proposed work including the nearest
cross streets where the work is considered. Depictions of the area
must include accurate curvature of the roadways;
(4) The date or dates during which the requested work is to be permitted;
(5) The date such work is to be started, completed, and final restoration
executed; and
B. Traffic impact plan (TIP). A TIP, as specified below, shall be submitted
with any permit application for all proposed work that is to be conducted
on a Township roadway:
(1) The submitted TIP shall detail the method by which vehicular and
pedestrian traffic will be affected and controlled during a permitted
project;
(2) The TIP shall also include any barricades, signs, lights, or other
approved safety devices necessary to facilitate closure and where
the work results in closing or diverting traffic into another lane;
(3) A flag person shall always be posted while the work is actively being
performed. For street closures within the Township that also require
PennDOT permits, the application must include a copy of the state-issued
permit and comply with all traffic control standards;
(4) In residential-zoned districts, the Township may waive the requirement
for a TIP. All other traffic control regulations are still enforced.
C. Letter of agreement. A properly executed letter of agreement will be required for all permits except a single permit application for one street cut by a nonutility applicant. Expenses arising from work, such as inspections, shall be billed on an as-needed basis by the Township. Issues regarding special site conditions are governed under §
186-8.1A. Letters of agreement may be amended at the behest of the Township due to a change of conditions related to the original permit application, such as under §
186-7. Permittees may request amendments to a letter of agreement in writing. Approval of such requests shall be at the discretion of the Township.
D. Certificate of insurance. An insurance certificate listing Maidencreek Township as an additional insured with appropriate amounts as included in §
186-11.1.
E. Permit fees. Each application shall be accompanied by a permit fee
set by the Board of Supervisors from time to time. These fees may
be broken down and feature the costs for review and administrative
expenses associated with a permit application and its subsequent review.
F. Inspection fee. An inspection fee may be assessed at the Township's
discretion depending on the time of an inspection to be conducted
by Township personnel or contracted professionals (e.g., Township
Engineer). The hourly rate for such officials shall be set by the
Board of Supervisors from time to time.
G. Permanent restoration fee. It shall be the duty of the party applying
for the permit to restore to good order and repair following the Maidencreek
Township specifications. At the Township's behest, permanent
restoration may be performed by the Township. Where the Township performs
the permanent restoration, the following criteria shall guide the
fees that will be paid by the permittee to the Township:
(1) If the Township determines that it shall perform permanent restoration of any cuts, then the Township and the applicant shall enter into a letter of agreement under §
186-5C making clear the responsibilities of the Township and the applicant. The letter of agreement shall also specify the permanent restoration fee that the applicant shall pay to the Township for the work performed by the Township.
(2) The permanent restoration fee shall be based on square yardage, for which the cost is included in §
186-5G(3) for each square yard. The minimum fee for permanent restoration paid to the Township shall be $1,200 per permit. The minimum fee amount may be revised by the Township Board of Supervisors by resolution from time to time.
(3) Permanent restoration fees paid to the Township shall cover the full
charge for labor by Township employees, materials, equipment time
or rental, administrative fee, a 10% inflation fee on materials and
equipment, and a 30% service fee of the total for each square yard as determined under §
186-5G(1). This fee structure may also be applied to temporary restoration that the Township promulgates in the event a permittee is noncompliant with their permit requirements.
(4) The Township may determine that the availability of manpower is limited amongst Township personnel and permanent restoration cannot be provided in a timely way by Township staff. If that determination is made, the permanent restoration fee may be utilized by the Township to contribute to road work done by a contractor of the Township. If permanent restoration is to be done by a contractor, the Township may still utilize the charge for labor under §
186-5G(3).
H. Guaranty of work.
(1) The permittee shall guarantee and maintain the street cut, excavation,
and any related work for 24 months from the completion of the Township-approved
final restoration by providing a maintenance bond (or other financial
security acceptable to the Township) in the amount of 15% of the cost
of the initial project as set forth in the permit application, and
entering into a maintenance agreement with the Township, which shall
be completed at the cost of the permittee. Within this twenty-four-month
period, the permittee shall correct or cause to be corrected all restoration
work in the manner determined necessary by the Township within 14
calendar days of receipt of the notification. Failure to perform within
the 14 calendar days may be completed by the Township and invoiced
to the permittee for all costs incurred in the performance of the
work plus 20%. Payment not made within 30 days of the invoice date
will be enforceable against the posted bond or other financial security
offered by Permitee and accepted by the Township, in its sole discretion,
including any fees and costs involved in the collection thereof. The
Township reserves the right to provide immediate restoration or remedial
work in cases deemed to be emergency conditions.
(2) Each street opening permit will require a bond signed or another
acceptable form of surety before a permit is issued. The bond shall
be signed by the applicant in the amount specified by the Township.
The bond shall accompany the permit application and shall remain in
effect for 24 months from the date of the acceptance of the final
pavement restoration. Public utility companies shall provide a bond
as specified by the Township that will warrant all street cut work
performed in that calendar year. Bonds for utility companies shall
be renewable on an annual basis. If the condition is such that the
permittee fails to comply with this article by not promptly completing
the permitted work, including permit area restorations, restoration
of other affected facilities, or otherwise fails to maintain such
restorations in proper order and repair following construction, the
Township shall have cause to remedy that condition by calling on the
permittee's bonding company to perform the work necessary to
restore the street and other affected facilities to proper order.
I. Additional fees and information. The size and type of street work
may require payment of additional fees and submission of additional
information as prescribed in this article. All fees plan information,
bonding, application, and letter of agreement must be provided and
approved before the Township will issue a permit. Permits are issued
subject to all other applicable ordinances of Maidencreek Township,
all applicable state and federal laws, and specifications and standards
issued by the Pennsylvania Department of Transportation.
J. Display of permits and signage at the work site. Unless otherwise
authorized, permit(s) shall be kept at the work site for the duration
of the project and made available for inspection upon request of any
duly authorized Township official. Such permits cannot be affixed
to any temporary structure including fences, containers, or construction
equipment.
K. Revocation of permit. All street cut or excavation permits are subject
to revocation at any time by the Township upon written notice, provided
electronically or otherwise, and served to whom the permit was granted,
their agent, or employee. Such notice shall contain a brief statement
detailing the potential revocation as well as notice that the violation
must be cured in three business days. Failure to cure the violation
shall result in the permit being revoked. A revocation shall be issued
for the following reasons:
(1) Violation of any condition of the permit.
(2) A violation of this section or any other applicable Maidencreek Township
ordinance relating to the work.
(3) The creation or failure to eliminate a condition or action that constitutes
a violation of applicable Americans with Disabilities Act compliance
guidelines, or endangers the lives, property, or welfare of Township
residents.
(4) Failure to adhere to regulations, specifications, or standards promulgated
by the Pennsylvania Department of Transportation.
(5) When any permit has been revoked and the work authorized by the permit has not been completed, the Township may do such work as may be necessary to restore the street or part thereof to as good a condition as before the opening was made. All expenses thereby incurred by the Township shall be recovered from the deposit or bond the permittee has made or filed with the Township. The method used for calculating the total cost shall be per §
186-5G.
Street access permits shall not be issued to any person, firm,
or corporation indebted to the Township due to a previously issued
permit, or who is under a stop-work order. The Township Manager, or
their designee, shall review nonemergency applications anticipated
to commence after September of the calendar year. The Township Manager,
or their designee, may permit the project to begin contingent upon
the review of several factors. These factors, include, but are not
limited to, the final restoration date, size of the cut, use of steel
plates, and scope of the project. No nonemergency projects shall begin
in November, December, or January of a given year unless a special
exception is granted by the Township.
In computing the surface area of the permanent restoration surface to be charged, for small single cuts, the table under §
186-7A shall guide the total square yard required to be paid under the permanent restoration fee per §
186-5G. Large street cuts charged surface fees shall be set by a letter of agreement under §
186-5C. For applicants that coordinate with the Township ahead of paving permit, see §
186-9. If the permittee or Township inspector determines that the permittee removed, disturbed, or damaged an area greater than what is stated on the permit, the permittee shall pay a proportionate amount to be determined by the Township, which shall be amended to the letter of agreement.
A. The table below depicts the total square yards that are required
for a small single cut. The size of a cut is dictated by the longest
side of a cut (length or width).
Cut Size
(length or width)
|
Area to be Patched
(square feet)
|
---|
Up to 12 inches
|
9
|
>12 to 24 inches
|
18
|
>24 to 48 inches
|
27
|
>48 to 60 inches
|
36
|
>60
|
45
|
B. Cuts with a length or width greater than 72 inches or greater than 36 square feet are considered large cuts. These require the affected area to receive overlay and milling if applicable. The Township shall include a cost assessment to fulfill overlay requirements under this section in a letter of agreement under §
186-5C.
If the Maidencreek Township determines that the permitted work
is of sufficient magnitude or importance to warrant inspection beyond
routine spot inspection or due to noncompliance with the permit conditions,
the permittee shall be charged for all expenses incurred by the Maidencreek
Township for the additional inspection(s).
A separate permit shall be issued for each street affected.
Permits shall not be submitted for work not being completed in conjunction
with the other permit cuts for which the permit is being sought. In
addition to the street cuts previously described street access permits
will be issued for the following:
A. Boreholes. Boreholes are small drilled excavations, up to eight inches
in diameter at any depth, made in the right-of-way to investigate
existing conditions, or to open the pavement for investigations below
the pavement section. Boreholes made below the pavement section must
utilize nondestructive excavation methods. Nondestructive excavation
shall be limited to methods that use pressurized air and vacuum systems
to excavate borings, up to four square feet in area, for visual examination
of underground utilities and other subsurface conditions. Nondestructive
methods other than air-vacuum systems must be approved in writing
by the Township before issuance of the permit. Boreholes are street
cuts and a borehole fee will be charged for each borehole made, as
specified by the Township. The permittee shall restore the boreholes
in the same manner as a standard street cut. The work shall be completed
within 30 days of boring. If the applicant does not restore the boreholes
within that period, the Maidencreek Township reserves the right to
take any steps deemed necessary to repair the street and the associated
costs shall then be paid by the permittee.
B. Emergency cuts. Emergency street cuts and excavation required to
access leaking utility mains or other installations that pose a potential
hazard, or boreholes required to search out threatening conditions,
may be made in advance of a permit at the discretion of the utility
company conducting the investigation and repairs. Within two hours
of commencing an emergency cut or excavation, the local Police Department
shall be notified at (610) 655-6111, as well as other potentially
affected utilities and the PA One Call System. An authorized representative
of the responsible party shall notify the Township the next business
day, and a proper permit application accompanied by appropriate fees
and other required documents shall be submitted to the Township within
five business days of the commencement of the work.
(1)
A permittee shall perform emergency work until the emergency
is eliminated unless otherwise directed by the Township.
(2)
Once obtained, the emergency permit shall be kept on-site and
presented upon the request of any Township official authorized to
enforce this article.
C. Ahead of paving permit. Applicants proposing street cuts at locations that are scheduled for street improvements by Maidencreek Township will be charged at the ahead of paving permit fee rate as specified by the Board of Supervisors from time to time. A detailed construction plan must accompany each application for an ahead of paving permit. Temporary and permanent trench restoration will be performed by the permittee at his/her cost and following the schedule of road work as determined by Township. The permanent pavement surface restoration will be coordinated with the Township. The fee charged for this restoration shall be determined by applying typical costs for this construction work applied to the charged surface per §
186-7.
(1)
Large scale, determined by the Township, coordination for ahead of paving permits may be outlined in a letter of agreement per §
186-5C.
D. Traffic impact plan (TIP). The TIP shall detail the method by which
vehicular and pedestrian traffic will be affected and controlled during
a permitted project. The TIP shall also include any barricades, signs,
lights, or other approved safety devices necessary to facilitate closure,
and where the work results in closing or diverting traffic into another
lane, a flag person shall always be posted while the work is actively
being performed. For street closures within the Township that also
require PennDOT permits, the application must include a copy of the
state-issued permit and comply with all traffic control standards.
In residential areas, the Township Manager may waive the requirement
for a traffic impact plan (TIP); however, all other traffic control
regulations shall be required.
E. Failure to complete work on time. For conditions where the permitted work may not be completed, or has not been completed, on or before the permit expiration date, the Township may, if they deem it necessary, backfill the trench and place permanent pavement, cold patch, or a combination of both at separate times over the opening. Work done under this provision shall be paid for in its entirety by the permittee. This includes costs for work here and permanent restoration per §
186-5G.
F. Time extension. If an extension of time beyond the permit expiration
date is necessary for the permittee to complete the work, then a written
application must be submitted and signed by the permittee at least
two weeks before the expiration date. Permit time extensions will
only be granted upon the timely submission of the permit extension
application and the payment of the time extension fee, as specified
by the Township. Any permittee that fails to request and receive an
extension for permitted work and continues to work shall violate this
section.
Plan and subsurface drawings and record drawings. All applicants
shall include with their application scale drawings that clearly and
accurately show the location of the proposed work and the relation
to existing facilities within the vicinity of the proposed work that
will be or could be, affected by the work. The scope of the drawings
shall include at minimum: all adjacent underground utilities, curb
lines, sidewalks, traffic control loops, and similar features in both
plan and cross-section view. Upon completion of work, the permittee
shall furnish to the Township record drawing(s) that indicates the
as-constructed location, size, and type of utility or feature installed
or altered and its location regarding the work area and the adjacent
right-of-way and curb lines. If the applicant utilizes any form of
shapefiles, they must share the nonproprietary information listed
herein in that format with the Township.
A. Excavation notice.
(1) Pennsylvania Law 20 (Act No. 187, as amended) requires those who intend to excavate or demolish to file certain notices (PA One Call) before commencing work. Applicants for permits in accordance with §
186-4 shall comply with all the requirements of this Act. Permits issued where this obligation has not been met shall be deemed null and void.
(2) The permittee shall deliver a construction schedule in writing to
the Township indicating the date on which the work will begin, the
estimated date when the restoration of the trench will begin, and
any other milestones that may be critical to the inspection of the
work.
B. Pavement or concrete edges. The paved or concrete surface shall be
cut to a neat edge using an asphalt/concrete saw or jackhammer. The
permittee shall take the necessary precautions to protect the neat
edge and is responsible to restore any edges that become broken.
C. Barricades, trench covers, and lighting. All openings shall be properly
barricaded and protected by the permittee. Excavations shall not be
left open at the end of the work shift or when left unattended. Permittees
are responsible for the protection of the public within the construction
areas and all work zones shall be marked following PennDOT's
work zone traffic control regulations until the permitted work is
restored and approved. Nothing contained in this article or other
legislation of Maidencreek Township shall release the person or persons
opening the right-of-way from any liability associated with claims
for injury or damage resulting therefrom.
D. Backfilling. Materials excavated in conjunction with cuts within
the right-of-way should be promptly hauled away and shall be removed
before nightfall. The permittee shall arrange for the immediate repair
of the affected utility and backfill of the opening without delay.
Backfill material shall consist of crushed stone placed and properly
compacted following the details and specifications issued by the Township.
(1) The Township reserves the right to mandate compaction testing for
any cut and may require multiple tests for large projects. The applicant
shall pay the cost of this inspection.
E. Paving restoration. Immediately following backfilling and compaction,
the permittee shall apply a temporary pavement restoration, such as
a cold patch, following Maidencreek Township's street cut restoration
drawing and specifications. For those permits where the permittee
performs the permanent pavement restoration, this work shall be completed
not less than three months nor more than six months following the
temporary pavement restoration. The surface material shall be compacted
with a gravity roller or vibrating compactor subject to the approval
of the Township Engineer. The permittee shall maintain the restoration
by re-excavating and/or applying additional surface material to provide
a smooth-riding surface for two years after restoration. Repairs shall
be made by the permittee within 24 hours' notice by the Township.
The permittee is responsible for the continual protection and maintenance
of the cut whether he/she is notified by the Township to perform additional
work.
F. Notices to begin and end work. The Township shall be notified at
least three workdays before the start of the work and shall be notified
at least three workdays before permanent restoration is undertaken.
G. Work to conform to Maidencreek 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 following Maidencreek Township engineering
standard drawings and specifications.
(1) If Maidencreek Township discovers that the work has been discontinued
or has not been properly performed, the permittee, upon being notified
thereof in writing by Maidencreek Township, shall immediately take
all necessary steps, at the permittee's own expense, to place
the work in such condition as to conform to the Township's requirements
or standards.
(2) If a dispute arises between the permittee and Maidencreek Township,
the Township's inspector shall have the authority to suspend
work until the matter can be referred to the Township Manager for
resolution.
(3) The Township Manager shall hold a meeting with representatives of
the permittee and the Township's road crew and other appropriate
consultants, and render a decision based on the information presented
at that meeting.
(4) If a dispute has not been resolved in 30 calendar days by the permittee, or the permittee has not appropriately responded to requests for a meeting, the Township may at its discretion bring work into conformance with its requirements and standards. The permittee shall pay for the work in its entirety per §
186-5G.
When applying for a street access permit, an applicant shall
provide a certificate of insurance with general liability coverage,
including any liability normally covered by a general liability policy
with limits of not less than $1,000,000 per occurrence and $2,000,000
in the annual aggregate. Before the commencement of the performance
of the excavation, the contractor shall furnish to the Township a
certificate of insurance evidencing required coverage in at least
the limits required herein, naming the Township of Maidencreek, its
elected officials, agents, and employees as additional insured for
ongoing operations and products and completed operations. Moreover,
the applicant agrees, as a condition governing the issuance of the
permit, that they shall hold harmless Maidencreek Township, its elected
officials, agents, and employees from all claims and actions whatsoever
arising under the execution of said permit.
Any person, firm, or corporation who breaks or cuts in any manner
the surface of any street of the Township without first having obtained
the proper permit and paid the application fee and charges hereinbefore
set forth, including any time extension fee, or violates any of the
other provisions of this article shall, upon conviction before a Magisterial
District Judge, be sentenced to pay a fine not exceeding $1,000 per
violation plus costs, with each day a violation continues being treated
as a separate offense; and in default of the payment of such fine
and costs, said person and/or the responsible agents or officers of
firms or corporations, violating the provisions of this article shall
be imprisoned in the Berks County Prison for a period not exceeding
90 days.