[Ord. 311, 8/20/2012, § I]
It shall be unlawful for any person, except for the Township
or any department thereof, to perform any work, including opening
or excavation in or under any Township street, unless and until a
permit therefor shall be secured from the Township for each separate
undertaking. All work performed within the right-of-way shall conform
to the provisions of PennDOT Publication 203 and the standards and
details set forth herein.
(a)
Any individual, landowner, corporation, or utility shall be required
to obtain a permit from the Township before such individual or landowner
opens or excavates any Township road right-of-way; before such individual
or landowner builds, rebuilds, paves or overlays a driveway abutting
a Township road or right-of-way; and before such individual or landowner
lays any gas pipe, water pipe, electrical conduit, or other piping
or wiring upon, in or near any telephone, telegraph, electric light
or power pole upon or in any portion of a Township road right-of-way.
The Township shall issue such permits upon compliance with the provisions
of the Township ordinances, and of the provisions of this Chapter,
which issuance may be conditioned and restricted in accordance with
this Chapter.
(b)
Emergency repairs of utility facilities may be performed by using
an emergency permit card pursuant to the applicable sections of this
Chapter (relating to emergency work).
(c)
Permit applications are not required for the placing of newspaper
receptacles or mailboxes, although their location is subject to the
maintenance requirements of the Township.
(d)
Permit applications are not required for accessing the utility facility
through a manhole.
(e)
The permit shall be maintained as a permanent record and remain in
effect, subject to the permit conditions and regulations set forth
in this Chapter, as long as the facilities authorized by the permit
occupy the Township road right-of-way.
(f)
The Township Engineer or any duly authorized agent of the Township
may prohibit any work being done without a proper permit or contrary
to the terms thereof.
[Ord. 311, 8/20/2012, § I]
Application, in writing, shall be made to the Township on the
appropriate Township application form, signed by the person making
the proposed street opening or excavation and the contractor performing
such work. At such time, the applicant shall describe and set out
the location of the proposed work, opening or excavation, the size
thereof and the purpose therefor. The person making and signing said
application shall comply with the provisions of this Chapter as hereinafter
set forth.
[Ord. 311, 8/20/2012, § I]
A permit is valid for a one-year period as specified on the
permit, measured from the date of issuance. If the permittee has not
completed all authorized work by the completion date specified on
the permit, an application shall be submitted requesting a time extension
on the permit. If approved, a supplement will be issued by the Township.
[Ord. 311, 8/20/2012, § I]
Whenever the excavation, opening or trench exceeds the size
set forth in the application, an amendment to the permit must be secured
within 48 hours to cover such extra excavation, opening or trench.
[Ord. 311, 8/20/2012, § I]
The application shall be accompanied by a filing fee, as established
from time to time by appropriate resolution fully adopted by the Township
Supervisors. In addition, a certification of insurance covering the
utility that will be making the excavation opening or trench, naming
the Township and the Township Engineer as additional insureds, shall
also be submitted in advance of the permit being issued or any work
thereunder being commenced.
[Ord. 311, 8/20/2012, § I]
The applicant shall be responsible for paying any professional
consultant review and inspection fees associated with a road excavation
and opening.
[Ord. 311, 8/20/2012, § I]
Any individual, person, firm, corporation or other entity applying
for any permit under this Chapter shall indemnify the Township against
all liability of whatever nature, excepting only that of the Township,
arising during the performance of work for which a permit is granted,
whether or not the said liability arises as a result of the negligence
of the person, firm, corporation or other entity to whom the permit
was issued.
[Ord. 311, 8/20/2012, § I]
Any municipal authority created by the Township shall be exempt
from filing the permit fees, deposits and bonds; however, these permits
will not be exempted from the requirements and inspection criteria
set forth herein. Additionally any municipal authority operating under
this section shall be liable for reimbursing the Township for all
expenses incurred.
[Ord. 311, 8/20/2012, § I]
Upon application duly made in accordance with the regulations
set forth in this Chapter, a permit will be issued by the Township
Engineer subject to this Chapter and the conditions contained on the
permit and its attachments and supplements. The permit will be the
applicant's authority to proceed with the work and will also
serve as a receipt for the fees accompanying the application.
[Ord. 311, 8/20/2012, § I]
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 applicant 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 applicant shall enter the following information
on the emergency permit card attached hereto as Attachment 2 or in
a form otherwise prescribed by the Township, in legible handwriting,
using indelible ink:
(c)
The completed, original emergency permit card shall be maintained
at the work site and shall be available for inspection by any representative
of the Township. A copy of the emergency permit card shall immediately
be provided to the Township Engineer by facsimile or electronic transmission.
Reproduced copies of the original card are not valid.
(d)
The applicant shall be responsible for applying for a regular permit
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.
(e)
All work performed under the authority of an emergency permit card
shall conform to the regulations set forth in this Chapter, and the
use of an emergency permit card shall be limited to emergency repairs.
[Ord. 311, 8/20/2012, § I]
Each emergency permit card is valid for a total of five uses
or one year, whichever first occurs.
(a)
Emergency permit cards may be obtained by an applicant by letter
of request addressed to the Township Engineer listed thereon the number
of emergency permit cards desired. The fee for such cards shall be
set by resolution of Township Supervisors.
(b)
The holder of emergency permit cards is responsible for assigning
the proper emergency permit cards to its work crews.
(c)
Each emergency permit card shall be returned to the Township within
15 days after each time that the same is utilized and upon the expiration
of the emergency permit card.
(d)
Each emergency permit card is subject to revocation by the Township
Code Enforcement Officer in the event that the applicant violates
the provisions of this Chapter, fails to timely report the use of
the emergency permit card and/or utilizes the emergency permit card
for a repair that does not qualify as an emergency repair.
[Ord. 311, 8/20/2012, § I]
Emergency repairs to utility facilities within the right-of-way
do not require an emergency permit card in the following instances;
however, the provisions contained in PennDOT Publication 203 shall
be adhered to:
(a)
Accessing the utility facility through a manhole.
[Ord. 311, 8/20/2012, § I]
(a)
The permit shall be binding upon the permittee, its agents, contractors,
successors and assigns.
(b)
The permittee shall be responsible for causing compliance with all
terms and conditions of the permit by its agents, contractors and
successors.
(c)
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. All permit records, restoration records and emergency
work records shall be made available for examination by an authorized
representative of the Township immediately upon request.
(d)
The permit shall be maintained as a permanent record and shall remain
in effect, subject to the permit conditions and regulations set forth
in this Chapter, as long as the facilities authorized by the permit
occupy the right-of-way.
(e)
Responsibility for compliance with the terms of the permit cannot
be assigned or transferred by the permittee without first obtaining
approval from the Township Engineer. Any facility installed under
the authority of said permit shall be subject to removal or relocation
at the expense of the permittee.
[Ord. 311, 8/20/2012, § I]
(a)
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.
(b)
Whenever any requirement or standard of the Township is superseded
by a requirement or standard of the federal government or the Commonwealth
of Pennsylvania, the requirement or standard of the federal government
or the Commonwealth of Pennsylvania, as applicable, shall apply.
[Ord. 311, 8/20/2012, § I]
(a)
The permittee shall be responsible for all costs and expenses incident
to or arising from the permitted work, including the prescribed fees
for same, the cost 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 necessary to incur,
within 30 days after receipt of the Township's invoice.
(b)
In the event of failure or neglect by the permittee to perform and
comply with the permit or the regulations set forth in this Chapter,
the Township may immediately suspend, revoke or annul the permit,
and/or 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 Township may take all necessary actions
in order to secure the public health, safety and welfare (including
but not limited to removal of such structures, equipment or property
from the Township property or right-of-way) and any other legal action
as it deems necessary. Additionally, in the event that the Township
determines that such structures, equipment or property pose an imminent
threat to the public health, safety or welfare, the Township shall
be permitted to immediately remove such structures, equipment or property
without notice to the applicant, in order to mitigate the imminent
threat to the public health, safety or welfare.
(c)
If work is stopped on a project for any reason, other than at the
end of any normal workday, and any excavations or openings, in the
opinion of the Township, remain open for greater than a period of
48 hours or an otherwise unreasonable period of time, the permittee,
if so directed by the Township, 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 to 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.
(d)
If the permittee, after making an opening in the surface to place
or repair a facility or for any other purpose, fails to restore any
portion of the right-of-way to conform with the applicable sections
of this Chapter 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.
(e)
Damage to 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.
(f)
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 permitted work, the permittee shall have absolute responsibility
for making 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, or to the area adjacent to the immediate
area of 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 for making all temporary and permanent restoration,
unless the presumption is rebutted by clear and convincing evidence.
(3)
Where the permittee has the responsibility for restoring 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.
