[Adopted 4-12-1984 by Ord. No. 84-2]
In accordance with the provisions of Article XI, § 1156, of the Second Class Township Code, as amended,[1] no 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 or electric light or power
poles or any coal tipples or other obstructions be erected upon or
in any portion of a Township road right-of-way by any person, firm,
corporation, utility or municipal authority without first obtaining
a permit from West Manchester Township.
[1]
Editor's Note: See 53 P.S. § 66156.
A.
The application for a permit shall be on a form prescribed by the
Township and shall be in triplicate.
B.
The applicant shall also submit three copies of a sketch showing
the location and dimensions of the intended facility, the width of
the improved roadway, the right-of-way of the street and the distance
to the nearest intersecting street.
C.
A fee, payable to the Township, for the issuance of the permit shall
accompany each application. The fee shall be established by resolution
of the Board of Supervisors of West Manchester Township and shall
be in accordance with the fee schedule established by the Pennsylvania
Department of Transportation for highway occupancy permits.
D.
At the time of application, in addition to the permit fee, the applicant
shall pay to the Township a fee to cover the cost of inspecting the
permitted work upon completion thereof to ensure compliance with the
conditions, restrictions and regulations prescribed by the Township.
The aforesaid fee shall be established by resolution of the Board
of Supervisors of West Manchester Township and shall approximate the
reasonable cost of such inspection.
Provided that applicant has complied with all Township application
requirements, the Township shall, within five working days following
receipt of a completed application, sketches and appropriate fees,
approve the application and issue a permit.
A.
Nothing in this article shall preclude the opening of any roadway
for emergency repairs necessary for the safety of the public or the
restoration of a public utility or other public service.
B.
Emergency openings shall be permitted without first obtaining a general
permit if the person, firm, corporation, utility or municipal authority
has in his possession an emergency card.
C.
The person, firm, corporation, utility or municipal authority shall
notify the Township of any work to be performed, and an application
for such permit and all applicable fees shall be submitted as herein
prescribed within five days following the completion of the emergency
work. Thereafter, the provisions of this article shall apply.
D.
Emergency card.
(1)
Prior to any person, firm, corporation, utility or municipal authority
performing an emergency cut or opening, an emergency card shall be
obtained from West Manchester Township.
(2)
Emergency card permits shall be issued on an annual basis.
(3)
Work performed under the emergency permit card is subject to all
other provisions of this article.
A.
The permittee shall be responsible to ensure compliance with all
terms and conditions of the permit by its agents, contractors and
successors.
B.
A copy of the permit or emergency permit card must either be posted
on the job site or must be in the possession of the workmen on the
job. The permit/emergency card shall be produced upon request to any
authorized employee of the Township.
As long as the permittee operates and leaves in place any structure
or facility in, upon or along the right-of-way, the permittee shall
maintain and keep the structures or facilities in good order and repair.
A.
Whenever possible, the permittee shall maintain normal traffic flow.
B.
The permittee shall, prior to the commencement of and during the
work authorized by the permit or emergency card, erect traffic warning
devices in accordance with Pennsylvania Department of Transportation
Publication No. 203, effective January 1, 1984, as amended.
C.
In all locations, where normal traffic flow is to be restricted,
it shall be the responsibility of the permittee, prior to the commencement
of the work, to notify the Township Police Department of the location,
nature, date(s) and hours that normal traffic flow is anticipated
to be restricted by the work.
D.
In any location where a road opening, cut or other permitted work
would restrict the movement of emergency vehicles, the permittee,
prior to the commencement of the work, shall notify York County Control
(911) of the location, noting intersecting streets, nature, date(s)
and hours of the anticipated restriction.
E.
All emergency work on any roadway that would cause restrictions or
disruptions of normal traffic flow shall immediately be reported to
the above agencies by the permittee.
F.
The permittee shall notify the above agencies when normal traffic
flow is restored.
A.
A permittee shall keep the improved area of the roadway free of all
material which may be deposited by vehicles traveling upon or entering
onto the highway during the work authorized by the permit.
B.
The permittee shall be responsible for controlling dust and mud conditions
created by the permitted work.
C.
As the work progresses, all excess materials and materials that are
not suitable for backfill shall be removed and disposed of beyond
the limits of the improved roadway.
D.
All material suitable for backfill shall be placed or stored on the
side of the operation away from traffic, unless otherwise authorized
by the Township, and shall be stored in a manner to not interfere
with the flow of water in any gutter, drain, pipe, culvert, ditch
or waterway.
A.
In the improved roadway of existing Township streets, all openings
made in the cartway shall be restored by the permittee in accordance
with the following minimum standards:
(1)
The opening shall first be backfilled with material suitable for
insulation to a height not to exceed one foot over the top of the
facility, compacting in not more than four-inch layers.
(2)
The opening shall then be backfilled with No. 2 RC aggregate compacted
throughout its full width with approved vibratory compaction equipment
in layers not to exceed eight inches.
(3)
Compaction shall be completed to the bottom elevation of the existing
pavement.
(4)
Temporary repaving of the existing macadam surface shall consist
of a two-inch ID 2A binder course applied and rolled prior to opening
to traffic. In the event that hot mix bituminous material is not available
from suppliers because of weather limitations, the Township will permit
the use of cold mix or cold patch for temporary paving restoration.
(5)
Temporary paving repairs shall be maintained, repaired or replaced
as needed until such times as permanent paving restoration is made.
(6)
Permanent surface restoration:
(a)
All edges shall be sawed or cut in a neat straight line to a
depth of no less than five inches or equal to the existing base course,
whichever is greater.
(b)
Upon a properly prepared subbase, the permittee shall construct
a base course, of a minimum five inches in depth when compressed,
of BC BC to a depth within 1 1/2 inches of the established finished
grade of the roadway.
(c)
The permittee shall install an ID-2A bituminous surface course
over the base course to the established finished grade of the roadway.
(d)
All edges are to be sealed with hot bituminous material or other
acceptable material approved by the Township Engineer prior to the
use thereof.
(e)
All other construction shall conform to Pennsylvania Department
of Transportation Form 408 as revised and amended.
(7)
The top of every manhole, valve box or other access to the facility
shall be level with the final elevation of the surface course. In
instances where the final surface course has not yet been constructed,
the final elevation of the surface course may be obtained from the
Township.
B.
C.
Additional restoration. All disturbed portions of the right-of-way,
including all appurtenances and structures, including but not limited
to guardrails, drain pipes or sidewalks, shall be restored to a condition
equal to or better than that which existed prior to the start of any
work authorized by the permit.
Permits will not be issued to install aboveground facilities
which:
A.
Upon the completion of the permitted work, the permittee shall give
written notice thereof to the Township.
B.
Upon receipt of the written notice of completion, the Township shall
inspect the work and, where necessary, enforce compliance with the
conditions, restrictions and regulations imposed by the Township.
C.
The Township shall reinspect the work periodically.
D.
Within two years after the notice of completion, should any settlement
of the road surface or other defect appear in the work contrary to
the conditions, restrictions and regulations imposed by the Township,
the permittee shall be notified of the defect, in writing.
E.
All repairs of any defect shall be completed by the permittee within
60 days of notification.
F.
Should the permittee fail to make repairs within 60 days of notification,
the Township may do the work and impose upon the permittee the cost
thereof, together with an additional 20% of such costs.
G.
Should any defect or road settlement be determined by the Township
to be hazardous to the health, safety or welfare of the general public,
the permittee shall immediately make temporary repairs, install warning
devices or take other appropriate measures to protect the health,
safety and welfare of the general public.
H.
Upon the failure of the permittee to act expeditiously to protect
the health, safety and welfare of the general public, the Township
may take the necessary measures to protect the health, safety and
welfare of the general public.
I.
Should the Township be required to take such measures, the permittee
shall pay to the Township the reasonable and necessary costs incurred
by the Township to protect the health, safety and welfare of the general
public.
A.
Any person who shall violate any of the provisions of this article
shall, upon being found liable therefor in a civil enforcement proceeding
commenced by West Manchester Township, pay a fine not exceeding $600
plus all court costs, including reasonable attorney's fees, incurred
by West Manchester Township. West Manchester Township police officers,
the appropriate code enforcement officers of West Manchester Township
or other appropriate officer or officers of West Manchester Township
shall have the power to enforce the provisions of this article. The
amount of the fine imposed for the violation of this article shall
be established by the officer who determines that a violation has
occurred. Notice of the violation of this article and the amount of
the fine imposed shall be given by personal delivery or by certified
mail to the person violating this article. If the person violating
this article fails or refuses to pay the fine imposed within the period
specified in the notice of the violation of this article, the Township
shall file a civil enforcement proceeding with the District Magistrate
to enforce the fine imposed.
[Amended 11-14-1991 by Ord. No. 91-09; 5-9-1996 by Ord. No. 96-14; 6-26-1997 by Ord. No. 97-15]
B.
Each twenty-four-hour period shall be considered as a separate offense
and subject to the penalties herein prescribed.
