[Adopted 1-21-1998 by Ord. No. 98-30]
In accordance with the provisions of the Second Class Township
Code, 53 P.S. § 67322, as amended, no railroad or street
railway shall be constructed upon any Township road, nor shall any
railroad or street railway crossings, driveway connections, gas 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 other obstructions be erected upon, in or border under, any
portion of a Township road right-of-way except under conditions, restrictions
and regulations specified in permits granted by the Township for that
purpose; provided, however, that no permit is required in advance
for emergency repairs necessary for the safety of the public or the
restoration or continuance of public utility service or other public
service, but application for the permit and the required fees shall
be submitted on the first regular business day of the Township thereafter.
Any emergency repairs made in accordance with this section shall still
comply with all of the specifications and standards as set forth in
this article and other applicable law.
As used in this chapter, unless the context clearly indicates
otherwise, the following terms shall have the meanings indicated:
Any person who makes application for a permit.
An unforeseen occurrence or combination of circumstances
which calls for immediate action or remedy.
The Township Engineer or his or her authorized representative.
The combination of subbase, base course and surface course
played on a subgrade to support the traffic load or to distribute
it to the roadbed, or both.
A street opening permit issued by the Township to an owner
of a utility or facility located within a Township street right-of-way.
Any person who has been issued a permit and has agreed to
fulfill all the terms of this chapter.
A natural person, firm, partnership, association, corporation,
authority or political subdivision.
Any and all streets, roads, highways and alleys within or
abutting the Township, for the full width thereof from property line
to property line, including pavement, curbs, walks, lawns and other
facilities usually found within the right-of-way lines; provided,
however, that state highways shall not be streets within the provisions
of this chapter.
Any and all work contemplated by § 327-10.
The application for a permit shall be made on a form provided
by the Township, and shall be submitted to the Township in duplicate
not less than 10 working days prior to the commencement of work. No
work shall be commenced until the Township has approved the application
and issued a permit. The application shall be accompanied by an accurate
drawing clearly showing such dimensions as the location and depth
of the intended facility, the width of the travelled road, the right-of-way
lines and a dimension to the nearest intersecting street.
A.
The application for a permit shall be accompanied by a fee as determined
by the Department of Transportation for processing the application
and another fee for inspection of the work. The following are exempt
from paying the Township inspection fee:
B.
If the Township determines that the permitted work is of sufficient
magnitude or importance to warrant assignment of one or more persons
to inspect the permitted work on more than a spot-inspection basis,
the permit will so indicate and the permittee shall be charged for
additional salary, overhead and expenses incurred by each assigned
inspector and the Township.
A.
Upon the 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 specified by the Township.
In addition to that inspection, the Township may reinspect the work
not more than two years after its completion, 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. If the applicant fails to rectify a
defect which presents an immediate or imminent safety or health problem
within 48 hours or any other defect within 60 days after written notice
from the Township to do so, the Township may do the work and impose
upon the applicant the cost thereof, together with an additional 20%
of the cost, which may be recovered by an action in assumpsit in the
Court of Common Pleas of Erie County.
B.
The Township and/or its duly authorized representatives shall have
access to the work at all times, and the permittee shall provide proper
facilities for such access.
C.
The presence of Township employees or agents shall in no way relieve
the permittee of the responsibilities included under the permit or
this article or be of any warrant for the furnishing of bad materials
or workmanship.
A.
Prior to the issuance of a permit, the applicant shall be required
to furnish a certificate of insurance as required by the Township.
The certificate of insurance required of the applicant shall indicate
that the applicant is insured against claims for damages for personal
injury as well as against claims for property damages which may arise
from or out of the performance of the work, whether such performance
be by the applicant, the applicant's subcontractor or anyone
directly or indirectly employed by the applicant. Such insurance shall
include protection against liability arising from completed operations.
Such insurance shall provide complete third-party coverage for Fairview
Township.
B.
The certificates of insurance shall be issued by insurance companies
approved by the owner and admitted to do business in the state. Minimum
amounts of insurance to be maintained are as follows:
(1)
Manufacturer's
or contractor's liability. Bodily injury and property damage,
including explosion, collapse and underground hazards: $1,000,000
per occurrence/$2,000,000 aggregate.
(2)
Contractor's
protective liability. Bodily injury and property damage: $1,000,000
per occurrence/$2,000,000 aggregate.
(3)
Completed
operations. Bodily injury and property damage: $1,000,000 per occurrence/$1,000,000
aggregate.
(4)
Contractor's
automobile liability. Bodily injury and property damage: $1,000,000
per occurrence/$2,000,000 aggregate.
[Amended 11-7-2012 by Ord. No. 2012-4]
C.
Failure of applicant to file such certificate shall be grounds for
denying a permit.
An applicant may be required to make a deposit or provide a
bond, and must produce certificates of insurance at the time of the
issuance of the street opening permit, as follows:
A.
Bonds. All persons who desire to open a street, except contractors contracted by the Township, shall be required to furnish a properly executed letter of credit or a cashier's check. Persons such as public utility companies who or which anticipate the opening of streets on a more frequent basis may provide bonding on a yearly basis. The value of the actual street openings, however, may not exceed 75% of the yearly bond amount. If the seventy-five-percent figure is exceeded, the amount of the bonding shall be required to be increased accordingly. All such bonds shall be required to be in effect for the duration of the work and for the 36 months thereafter. The amount of the bond shall be determined by the Township Engineer or his authorized representative and shall comply with Subsection B of this section.
B.
Maintenance bond.
(1)
The applicant shall post a three-year maintenance bond for work as
outlined in the permit application.
(2)
The amount of the bond shall be equal to the cost of the construction
work within the Township right-of-way plus 10%. The bond amount shall
be approved by the Township Engineer or his authorized representative.
(3)
The bond shall be in the form of a cashier's check or letter
of credit.
(4)
If during the three-year period the Township is required to use any
portion of the bond, the applicant shall restore the bond to its original
value, within 10 days of the Township withdrawing the funds from the
bond.
A.
The granting of any street opening permit shall confer a right upon
the permittee, subject to the terms and conditions of the permit,
to temporarily occupy and use the street surface during the course
of construction work covered by the permit and to thereafter occupy
the space within which the work is to be located, subject in every
case to the specific right of the Township to require temporary or
permanent relocation or removal of any of the facilities entirely
at the permittee's expense in the event that said facilities
are in conflict with the Township's interest or the public interest
in the use of the street.
B.
In granting any permit, the Township may attach such special conditions
thereto as may be reasonably necessary to protect the public land,
private property and also the general health, safety and welfare of
the community, particularly for pedestrian and vehicular traffic.
By accepting the permit, the applicant agrees to perform the
work in accordance with the terms and conditions of the permit and
of any special conditions which may be attached thereto and to save
the Township, its officers, employees and agents from any costs, damages
and liabilities which may accrue by reason of the work.
Every permit issued hereunder shall expire at the end of six
months from the date of issuance. If the permittee shall be unable
to complete the work within the specified time, the permittee shall,
prior to expiration of the permit, present in writing to the Township
a request for an extension of time, setting forth therein the reasons
for the requested extension. If, in the opinion of the Township, such
an extension is necessary, the permittee may be granted additional
time for the completion of the work.
Any permit issued hereunder may be revoked by the Township after
notice for violation of any condition of the permit or any ordinance
of the Township including, but not limited to, completing the work
as set forth in the time constraints contained in the permit or performing
the work in accordance with the specifications as set forth in this
article and the permit.
Unless specifically permitted by the Township:
A.
No road opening shall be made within three years of construction,
reconstruction, reconditioning or newly applied pavement surface.
B.
No road opening shall extend across more than 1/2 of the cartway
at one time.
C.
Two-way traffic shall be maintained at all times. If the road must
be closed, the permittee must submit, in writing, why it must be closed.
A detailed detour map, including signs to be installed, shall be submitted.
D.
Access to driveways and/or buildings abutting the street shall be
maintained, where possible.
E.
Not more than 250 linear feet of any street shall be opened at any
one time.
A.
The permittee shall conform to Act 187 of 1996, 73 P.S. § 176
et seq. (the Pennsylvania One Call System), as amended, and shall
take all precautions necessary to avoid damage to other utility lines
and to public and private property. In the event that damage does
occur to property of others, the permittee shall promptly and satisfactorily
repair all damage and restore the property to a satisfactory condition.
B.
Provisions shall be made to accommodate the flow of storm drainage,
and no excavated material or trench shall be permitted to interfere
with the normal flow of surface water.
C.
Traffic control shall be maintained in accordance with Pennsylvania
Department of Transportation regulations Publication 203, and the
permittee shall furnish and maintain upon the work site such signs,
barricades, lights and flagmen as may be necessary to properly protect
the public and workers.
D.
Blasting is not permitted.
A.
Scope. The applicant shall meet the following minimum requirements
for excavating and restoring the openings in streets in the Township.
B.
Materials. Materials for street excavations shall be as follows:
(2)
Superpave asphalt mixture design, standard construction, HMA base
course. In accordance with the most recent edition of PennDOT Publication
408, Section 309.
[Amended 11-7-2012 by Ord. No. 2012-4]
(3)
Superpave asphalt mixture design, standard construction, HMA binder
course. In accordance with the most recent edition of PennDOT Publication
408, Section 409.
[Amended 11-7-2012 by Ord. No. 2012-4]
(4)
Superpave asphalt mixture design, standard construction, HMA wearing
course. In accordance with the most recent edition of PennDOT Publication
408, Section 409.
[Amended 11-7-2012 by Ord. No. 2012-4]
(5)
Bituminous surface treatment (double coat). In accordance with the
most recent edition of PennDOT Publication 408, Section 480.
(6)
Bituminous track coat, emulsified asphalt, Class AE-T bituminous
bonding material. In accordance with the most recent edition of PennDOT
Publication 408, Section 460.
(7)
Cement concrete. Class AA cement concrete having a minimum fourteen-day
compressive strength of 3,000 psi, a twenty-eight-day compressive
strength of 3,750 psi and in accordance with the most recent edition
of PennDOT Publication 408, Section 704.
(8)
Reinforcement steel. Grade 60 reinforcement steel in accordance with
the most recent edition of PennDOT Publication 408, Section 709.
(9)
Asphalt joint and crack sealing. Hot bituminous material of the type
and class designated in the most recent edition of PennDOT Publication
408, Section 469.
C.
Excavation and restoration procedures.
(1)
Where excavations for new facilities or for repairs are to take place,
the street pavement shall be saw-cut to neat lines prior to excavation.
Sawing shall be performed for the full depth of the pavement surface.
(2)
All excavated material must be removed from and disposed of off-site in accordance with all local, state and federal regulations. A material suitable for bedding or insulation may be used for backfill around and over the facility to a height not to exceed one foot over the top of the facility. The bedding and/or insulation material must be free from all vegetation, organic matter and frozen material. The remainder of the excavation shall be backfilled with material in accordance with Subsection B(1), Excavation backfill. The excavation backfill material must be placed in maximum six-inch loose lifts and be thoroughly compacted to a minimum of 95% of the material's dry weight density as determined in accordance with ASTM D698. Compaction shall be achieved utilizing approved pneumatic and/or vibratory equipment. If mechanical wackers or tampers are used in smaller excavations, the backfill layers shall not exceed a four-inch depth.
(3)
Once the backfilling is completed, the existing pavement shall be
saw-cut full depth back one foot on all sides of the excavation. The
excavated pavement shall be restored by in-kind replacement of the
concrete and/or asphalt making up the existing pavement. The finished
surface of restored asphalt pavements shall be at an elevation of
3/16 inch higher than the adjacent existing pavement. The joint between
new and existing asphalt pavements shall be sealed in accordance with
PennDOT Publication 408, Section 409. The saw-cut face of the existing
asphalt shall be cleaned and prepared with E-6 or E-8 tack coat prior
to placement of bituminous materials. All joints and curblines shall
be sealed with AC-20 in accordance with PennDOT Publication 408, Section
469.
[Amended 11-7-2012 by Ord. No. 2012-4]
(4)
If the pavement restoration is to consist entirely of concrete, the
concrete shall conform to PennDOT Publication 408, Class AA cement
concrete. The concrete shall be placed and cured in accordance with
PennDOT Publication 408, Section 501.
(5)
The permittee shall be responsible for erecting and maintaining traffic
control and safety devices in accordance with PennDOT Publication
213.
[Amended 11-7-2012 by Ord. No. 2012-4]
(6)
The permittee shall permanently repair all street openings immediately
upon completion of the permitted work except when unfavorable weather
conditions prevent the proper construction of such repairs. In such
cases, the opening shall be repaired temporarily, but as soon as weather
conditions permit, or in any case no longer than six months after
completion of the work, the permanent repairs shall be completed.
(7)
The permittee is responsible for providing a smooth riding surface
and proper drainage at all times over the street opening, and the
permittee shall make required repairs as directed by the Township.
(8)
For work on concrete roads, the permittee shall dowel all transverse
joints in accordance with PennDOT Publication 72.
(9)
The surface of the street shall be kept clear of all stones and debris
at all times. Removal of debris shall be performed by sweeping or
other methods as required.
(10)
Work done outside the cartway and shoulders shall be restored
as follows:
(a)
Suitable on-site backfill material may be used. All backfill is to be compacted to nonmovement using approved pneumatic and/or vibratory equipment. Excavation backfill in accordance with Subsection B(1) shall be used where required by the Township supervisors or their authorized representative.
(b)
Lawn areas shall be restored with PennDOT Formula B in accordance
with PennDOT Publication 408, Section 804, latest edition.
(c)
All restoration is to be completed at the time the utility work
is completed.
When required by the Township, record drawings shall be submitted
by the applicant to the Township.
A.
Any person who violates or permits the violation of this article
shall be required to pay a criminal fine of not less than $500 nor
more than $1,000, together with costs of prosecution, for each such
violation, and may, upon default of payment of said fine, be sentenced
to imprisonment for a term not exceeding 90 days. A separate offense
shall arise for each day or portion thereof in which a violation of
this article is found to exist. The enforcement of this article shall
be by action brought before a Magisterial District Judge in the same
manner provided for the enforcement of summary offenses under the
Pennsylvania Rules of Criminal Procedure.
[Amended 11-7-2012 by Ord. No. 2012-4]
