[Adopted 5-25-2011 by Ord. No. 6-2011]
The following words shall have the particular meaning assigned
by this section in the appropriate sections of this article.
A.
The word "shall" is always mandatory and not merely directory.
B.
Whenever in this section the words "directed," "required," "permitted,"
"ordered," "designated," "prescribed" or words of the like import
are used, it shall be understood that the direction, requirement,
permission, order, designation or prescription of the Township Engineer
is intended; and, similarly, the words "approved," "acceptable" or
"satisfactory" or words of like import shall mean approved by, acceptable
to or satisfactory to the Township Engineer.
C.
APPLICATION FOR PAVE CUT PERMIT
BACKFILL
BASE COURSE
BRIDGE
CAPITAL IMPROVEMENT
CULVERT
DETOUR
EMERGENCY
EMERGENCY REPAIR
EQUIPMENT
FACILITIES
GROUT
IMPROVED AREA
INSPECTION
PAVEMENTS
PENNDOT
PERMIT
PERSON
PLANS
PUBLIC UTILITY
(1)
(a)
(b)
(c)
(d)
(e)
(2)
(a)
(b)
(c)
ROAD or ROADWAYS
SEAL COAT
SERVICE
SPECIAL PAVEMENT
STREET
SUBBASE
SUBGRADE
TOWNSHIP
UTILITY RELOCATION
WORK
The following words, terms and phrases, when used in this article,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
A form provided the utility by the Township noting pertinent
data for the purposes of inspection and control by the Township and
constituting a receipt for services performed by the Township.
Material used to replace or the act of replacing material
removed during construction.
The layer or layers of specified or selected materials of
designed thickness placed on a subbase or a subgrade to support a
surface course.
A structure, including supports, erected over a depression
or an obstruction, such as water, highway or railway, which has a
track or passageway for carrying traffic or other moving loads and
having an opening measured along the center of the pavement of more
than 20 feet between supports.
Preplanned to improve or upgrade an existing system or to
install a completely new system providing new and additional service.
A structure under the pavement with an opening of 20 feet
or less measured along the center of the pavement.
To send traffic by a circuitous route around a portion of
a road that has been closed.
An unforeseen occurrence or combination of circumstances
which calls for immediate action or remedy.
Work necessitated by the rupture or sudden malfunction of
existing underground facilities.
Machinery and equipment, together with the necessary supplies
for upkeep and maintenance, and tools and apparatus necessary for
the proper construction and completion of the work.
All the plant and equipment of a public utility, including
all tangible and intangible real and personal property without limitations,
and any and all means and instrumentalities in any manner owned, operated,
leased, licensed, controlled, furnished or supplied for, by or in
connection with the business of any public utility.
A mixture of cement, water and sand,
The area within the right-of-way which has been constructed
for roadway purposes, including roadbed, pavement, shoulders, slope,
sidewalks, drainage facilities and other appurtenances.
A careful or critical investigation not necessarily confuted
by optical observation but is understood to embrace tests and examination
for the purpose of ascertaining quality and compliance as prescribed
in this article and discovering and correcting errors.
Riding surfaces of machine-laid asphalt over a base of concrete,
brick, belgian block, crushed stone, bituminous concrete or oil and
stone.
The Commonwealth of Pennsylvania Department of Transportation.
An authorization to occupy road right-of-way when a utility
facility relocation is required by a construction project.
Individuals, partnerships or associations other than corporations
and includes their lessees, assignees, trustees, receivers, executors,
administrators or other successors in interest.
Drawings which show the location, character and dimensions
of the proposed occupancy and related road features, including layouts,
profiles, cross sections and other details.
Persons or corporations now or hereafter owning or operating
in the commonwealth equipment or facilities for:
Producing, generating, transmitting, distributing or furnishing
natural or artificial gas, electricity or steam for the production
of light, heat or power to or for the public for compensation.
Diverting, developing, pumping, impounding, distributing or
furnishing water to or for the public for compensation.
Transporting or conveying natural or artificial gas, crude oil,
gasoline or petroleum products by pipe lines or conduit for the public
for compensation.
Conveying or transmitting messages or communications by telephone
or telegraph to the public for compensation, including cable television
signals.
Sewage collection, treatment or disposal for the public for
compensation.
The term "public utility" shall not include:
Any person or corporation not otherwise a public utility who
or which furnishes services only to himself or itself;
Any bona fide cooperative association which furnishes services
only to its stockholders or members on a nonprofit basis; or
Any producer of natural gas not engaged in distributing such
gas directly to the public for compensation.
Any road, street, alley or way accepted by the Township.
A thin treatment consisting of bituminous or other approved
material, usually with cover aggregate, applied to a surface course.
Used in this article in its broadest and most inclusive sense
and includes any and all acts done, rendered or performed and any
and all things furnished or supplied and any and all facilities used,
furnished or supplied by public utilities in the performance of their
duties under this article to their patrons, employees, other public
utilities and the public, as well as the interchange of facilities
between two or more of them.
Riding surfaces of concrete, brick, belgian block, cobblestone,
or material other than bituminous concrete.
Includes any street, highway, road, lane, court, alley or
place of whatever nature open to the use of the public as a matter
of right for purposes of vehicular travel.
The layers of specified or selected material of designed
thickness placed on a subgrade to support a base course.
The top surface of a roadbed upon which the pavement structure
and shoulders, including curbs, are constructed.
Township of Silver Spring, Cumberland County, Pennsylvania.
The adjustment, replacement or relocation of utility facilities
as required by road construction or repaving projects, such as removing
or reinstalling the facility, acquiring the necessary rights-of-way,
moving or rearranging existing facilities, changing the type of facility,
and any necessary safety and protective measures. It shall also mean
the construction of a replacement facility functionally equal to the
existing facility where necessary for the continuous operation of
the utility service, the project economy or sequence of road construction.
The furnishing of all materials, labor, equipment and other
incidentals necessary or convenient to the successful completion of
the project and the fulfillment of all duties and obligations imposed
by this article.
It is in the public interest to regulate the location and construction
of utility facilities and other structures within the Township right-of-way
for the purpose of insuring the structural integrity of the roadway,
economy of maintenance, preservation of proper drainage, and safe
and convenient passage of traffic.
A permit must first be obtained before any opening can be made
in any road maintained by the Township. Each permit shall cover a
maximum roadway opening of 100 feet in length. Fees must be paid at
the time the permit is issued. Excluded from the permit requirement
shall be any work in a highway under the jurisdiction of the Pennsylvania
Department of Transportation.
Applications for a pave cut permit shall be available from the
Township. An authorized agent of a utility or contractor may complete
said application at the Township. This shall be done a minimum of
five days in advance of a planned excavation. A copy of the completed
application, signed by the Township, shall be in the hands of a competent
person at the work site described in said application and shall constitute
a permit. A permit application shall include the following:
A.
One completed copy of the application for a pave cut permit.
B.
At least three sets of plans, detailing the location and pertinent
horizontal and vertical dimensions of the opening, the proposed utility
installation and related road features, including specific road location,
center line, edges of pavement, outside edges of shoulders, curbing,
guide rail, roadway drainage structures and right-of-way lines.
C.
A fee in accordance with the schedule of fees for pave cut permit.
D.
A restoration and maintenance security pursuant to the following
standards and rules:
(1)
The amount of security shall be determined by the Township Engineer
to assure restoration of the road and maintenance of the restored
area for a period of 18 months in the event of permittee's default
to so restore or maintain the work area as required in this article.
(2)
The security shall be submitted in the name of the Township in the
form of cash or letter of credit issued by a bank maintaining an office
in the Commonwealth of Pennsylvania, all such instruments to be in
form and substance acceptable to Township.
E.
Traffic control plan. A traffic control plan shall be submitted with
the application whenever it will be necessary to close a portion of
a travel lane during hours of darkness without work in active progress
or whenever it will be necessary to completely close a road to perform
the permitted work. The plan shall clearly indicate how the work area,
vehicular and pedestrian traffic will be protected, maintained and
controlled. A traffic control plan shall consist of a detailed drawing,
showing actual site conditions, and the necessary traffic control
requirements for the specific project.
F.
Blasting requirements.
(1)
When
blasting methods will be used or when blasting is anticipated, a detailed
plan of excavating, shoring, blasting and backfilling procedures shall
be submitted at least 15 days prior to blasting.
(2)
No
predrilling or blasting may be performed within the right-of-way unless
authorized by the permit and until the permittee provides insurance
for property damage and public liability.
(3)
The
blaster's license number shall be furnished.
In the case where an emergency repair, as hereinbefore defined,
is found, the utility shall first notify the Township and inform it
that an emergency exists. When the emergency occurs after normal Township
working hours, on weekends and holidays, the Township must be notified.
Any emergency at the above times shall be reported to the Police Department.
The Police Department will report same to the Township on the following
workday.
Pave cuts necessitated by Township-sponsored public improvements
will be on a non-fee basis but limited to a specific contract area.
Work done outside a project area will require a permit fee. A list
noting exact locations and dimensions of all such cuts shall be submitted
to the Township at the completion of work, Notification will be required
for any pave cuts made in state highways located within the Township
for which a highway occupancy permit has been issued.
All work done without a permit shall be subject to a penalty plus regular fees. Refer to § 356-50 for penalties.
The applicant shall protect, defend, indemnify and save harmless
the Township, its officers and/or agents thereof from all claims,
suits, actions and proceedings of every nature and description which
may be brought against the Township, its officers or agents thereof
for or on account of any injuries or damages to persons or public
or private property because of any materials or appliances used in
the work or by or on account of improper materials or workmanship
or for or on account of any accident or any other act, negligence
or omission of said applicant or his agents, servants or employees,
and the Township shall not in any way be liable therefor during the
period of the work progress and the one-and-one-half-year guaranty
period following the completion of the work. Minimum insurance shall
be:
A.
$250,000 liability per individual with $500,000 limit for each occurrence
for bodily injury.
B.
$250,000 liability for property damage.
C.
Evidence of insurance in the form of a certificate or letter executed
by a duly authorized representative of the applicant's insurance
carrier shall be submitted to the Township office each January 15.
Said evidence of insurance must include the provision that the Township
shall be given proper advance notice of at least 30 days of cancellation
or any material alteration in the applicant's policy.
During the progress of the work, the applicant shall provide
and maintain such barricades, warning signs and flagpersons necessary
to prevent accidents to the public and/or adjoining tenants. Minimum
precautions must include, but should not be limited to, advance warning
signs on all approaches to the work, safe crossing for pedestrians
each 300 feet, and barricades with flashers on each exposed side at
fifty-foot intervals. All precautions shall be in accordance with
the Manual of Uniform Traffic Control Devices as adopted by the United
States Department of Transportation Federal Highway Administration,
1971, Part IV, Traffic Controls for Street and Highway Construction
and Maintenance Operations. If in the opinion of the Township there
is a need for additional signs, barricades, flagpersons or other protective
measures, then the applicant must supply the same as directed by the
Township.
No road in the Township may be completely closed to traffic
at any time. One lane of traffic must be able to pass unobstructed
at all times. Flagpersons must be posted at the limits of work at
all times to direct traffic through the work area, and all established
traffic patterns must be maintained at all times. If all other means
of traffic control have been exhausted, the Township may permit a
road to be completely closed temporarily only with the consent of
the Board of Supervisors. When an emergency exists, the Police and
Fire Departments shall be notified in advance of the closing of any
road.
For small area pave cuts, the utility or contractor shall be
required to complete the temporary restoration within five days of
issuance of the permit or 48 consecutive hours of the initial cut,
whichever comes first, during the normal working week, excluding holidays
and weekends. Extension time may be allowed upon appeal to the Township,
provided that the contractor substantiates sufficient reasons for
the extension required. Work on long cuts, those over 25 feet in length,
shall proceed in a continuous manner. Permits for long cuts or capital
improvements will not be granted during the months of November through
March, except by written permission from the Board of Supervisors.
The utility or contractor shall coordinate planned cuts in the Township
roads with the paving program of the Township. A construction schedule
comprising planned cuts shall be submitted to the Township as they
become available. The Township will provide a paving program for a
one-year period to the utilities prior to April 15. Prior to April
1 of each year, all utility companies must file with the Township
their detailed schedule for utility cuts in roads to be paved by the
Township. All utility cuts must be completed well in advance of the
Township's paving program. Changes in the utilities' schedule
of planned cuts shall require confirmation from the Township. Changes
in the Township's paving program shall be submitted to all utilities
at the earliest possible date to permit the utilities to adjust their
respective schedules.
All excavations shall be commenced and completed by the use
of reasonable work force. In congested areas, the Township may limit
work to other than normal daytime working hours. Further, at the cessation
of work, adequate steel plates may be required over the excavation
while it is not being worked to ensure full traffic flow. The maximum
length of the opening in the roadway shall be 100 feet, unless otherwise
permitted, in writing, by the Board of Supervisors.
At least 15 days prior to opening more than 500 linear feet
of pavement or shoulder, or both, the permittee shall deliver photodocumentation
to the Township verifying the preconstruction condition of the pavement
and shoulder surfaces in accordance with the following:
A.
The pavement and shoulder that will be disturbed shall be photodocumented
in its entirety with color videotape, color film or digital. Photodocumentation
shall be compatible with Township office viewing equipment.
B.
If photodocumented pavement and shoulder surface conditions or locations
are not discernible, complete or otherwise acceptable, the Township
will either return the photodocumentation to the permittee for resubmission
or the Township will create its own photodocumentation record and
shall be reimbursed for the costs by the permittee within 30 days
after receipt of the Township's invoice.
C.
The date of photodocumentation shall be identified on each cartridge,
reel, slide, print or disk.
D.
Photodocumentation of longitudinal openings less than 500 linear
feet in pavements or shoulders is recommended to avoid responsibility
for preexisting roadway conditions.
All excavated material shall be removed daily at the cessation
of work. All gutters and drainage devices shall be kept clean of all
debris and excavated material. Fire hydrants adjacent to the work
shall be at all times readily accessible to fire apparatus, and no
materials or obstructions shall be placed within 15 feet of any hydrant.
Material which is unsuitable and any surplus of excavated material
shall be considered waste and shall be disposed of by the utility
or contractor beyond the project limits. In no case shall waste material
be left at the work site.
Power-driven saws or air hammers shall be used on all cuts in
portland cement or asphalt pavements. The cuts must be of sufficient
depth to provide a smooth edge. Openings in brick- or belgian-block-based
roads shall be of sufficient width to expose 1/2 row of undisturbed
interlocking stone. No pavement busters, such as drop hammers, hoe
rams and the like, shall be used without the written permission of
the Township,
The removed riding surface of brick, belgian block or cobblestone,
tiles or other special surface shall be preserved at the work site
for restoration after the opening has been backfilled.
The contractor shall provide all necessary pumps, dams, drains,
ditches, flumes, well points and other means for excluding and removing
water from trenches and other parts of the work and for preventing
the slopes from sliding or caving. The contractor shall furnish and
employ such stay-bracing, sheeting, shoring, pumps, etc., as may be
necessary for the proper completion of work, the protection of property
and the safety of the public and employees of the contractor and the
Township; all in accordance with the current regulations of the applicable
safety code and pertinent local, state or federal ordinances and regulations.
Note that the words "sewer/pipe/culvert/conduit" are used interchangeably
herein.
A.
Drilling, boring, driving or tunneling across improved area.
(1)
Drilling, boring, driving or tunneling across improved areas shall
comply with the following conditions:
(a)
When crossing under an improved area, the opening for a utility facility
shall be drilled, bored, driven or tunneled a minimum depth of three
feet from the surface to the top of the opening.
(b)
If the facility or its casing is 30 inches or greater in diameter,
the bored cylindrical space surrounding either an uncased facility
or a facility casing shall be filled with grout in a manner authorized
by the Township.
(c)
Jet or other nonmechanical boring methods are prohibited. Water
may be used under low pressure only to cool the drill bit and to facilitate
removal of cuttings from the bore opening, if retrievable liquid is
immediately removed from the boring pit.
(2)
No openings for the purpose of placing utility facilities or other
structures under the improved area by drilling, boring, driving or
tunneling may be made closer than three feet to the edge of the shoulder,
unless the permit authorizes a lesser clearance.
(3)
A facility or other structure crossing under the improved area shall
be constructed to assure the safety of the traveling public and to
preclude the necessity of entering upon the improved area to effect
future maintenance or replacement.
B.
Trenching across the improved area. Trenching across an improved
area may be performed only when specifically authorized by the permit,
in accordance with the following:
(1)
The top of every utility facility shall be installed at least three
feet beneath the surface.
(2)
Trenching across the improved area may be authorized by the permit
where drilling, boring, driving or tunneling are not feasible because:
(a)
The subsurface is solid rock, as documented with satisfactory
evidence such as drill records, or where boring was attempted without
success.
(b)
There are other facilities located longitudinally under the
improved area, and their location precludes methods other than trenching,
as documented with a detailed plan.
(c)
Adjacent development in a very congested urban area makes the
construction of a tunneling or boring shaft impossible.
In the event that a cut is made and, upon inspection, damage
to another utility's underground facilities is discovered, it
shall be the responsibility of the party making the cut to contact
the Township and all concerned pertinent utilities to instruct them
to have representatives inspect the condition before any backfilling
is begun. The flow of all sewers, drains, house connections, utility
lines and laterals and watercourses met with shall be maintained and
provided for by the contractor without damage or nuisance to other
parties. All connections shall be restored.
A roadway shall be protected in accordance with the following:
A.
To protect the pavement and shoulders, equipment shall have rubber
wheels or runners and have rubber, wood or similar protective pads
between the outriggers and the surface unless otherwise authorized
by the permit.
B.
If other than rubber-equipped machinery or equipment is used, the
pavement and shoulders shall be protected from equipment damage by
the use of matting or other suitable protective material, unless the
permittee requests, in writing, a waiver from the use of protective
material, thereby acknowledging its obligation and commitment to repair
or reconstruct the pavement and shoulder, if damaged, to its former
condition.
C.
If the equipment damages the pavement or shoulders, the permittee
shall restore the damaged pavement or shoulder, or both, to its former
condition, in a manner authorized by the Township.
D.
The Township may authorize the permittee to restore the pavement
or shoulder from superficial surface damage with a seal coat or surface
treatment.
Altering drainage shall be prohibited by the following conditions.
All backfill material shall be in accordance with the requirements
of the latest edition of the Township's Improvements Specifications
Manual. Temporary patching materials shall be either a winter-mix
asphalt material or a PennDOT-specified hot asphalt material as approved
by the Township. Winter-mix material shall only be used between October
15 and April 1.
Backfill shall be compacted by means of mechanical rammers or
vibrators or by pneumatic tampers. Hand tampers shall be used only
around the pipe or structure. All voids along the sides of the trench,
behind sheeting, under bracing or other objects shall be completely
and carefully filled, using such fine materials, hand labor and tools
as may be necessary. Backfill shall be placed in maximum six-inch
layers between mechanical compaction efforts. All backfill materials
shall be compacted in accordance with the specifications in the latest
edition of the Township's Improvements Specifications Manual.
Backfill material shall not be allowed to be dropped into the trench
from a height greater than five feet from the top of the existing
backfill in the trench.
The utility or contractor shall be responsible for temporary
restoration of pavement surface. Temporary restoration shall be placed
in the trench before traffic is allowed to travel on the disturbed
area and shall remain in place for a minimum of 90 days. The temporary
restoration shall consist of a minimum of two inches of ID-2 material.
After the minimum ninety-day period, but before 180 days, the temporary
restoration shall be removed and the area saw cut back one foot, in
accordance with the latest edition of the Township's Improvements
Specifications Manual. At the end of a workday, an opening in the
right-of-way shall be covered, backfilled or protected. If work is
stopped on a project, other than at the end of a normal workday, the
permittee shall promptly backfill the opening and restore the surface,
and work may not be resumed until the permittee is prepared to proceed
with the work to its completion. If the permittee fails to backfill
the opening or proceed until completion of the work, the Township
reserves the right to do the work upon notice to the permittee, where
practicable, and shall be reimbursed for the costs by the permittee
within 30 days after receipt of the Township's invoice. Except
for emergency repairs of utility facilities, work within the pavement
or shoulder shall be stopped prior to peak traffic hours that may
exist on a particular roadway on a particular day or as specified
in the permit.
A.
At the end of each workday, an opening in the right-of-way shall
be:
(1)
Covered with steel plates or bridging over openings which are less
than six feet in either length or width. The plates or bridging shall
be extended a minimum of 18 inches from each edge of the opening and
shall be secured in a safe manner.
(2)
Backfilled under to the bottom elevation of the pavement or base
course or to the original surface elevation if outside the pavement
and shoulder and protected.
B.
The permittee shall protect its openings to provide for the safety
of the traveling public, including motorists, bicyclists and pedestrians.
The site of the work will be cleaned of all rubbish and surplus
or unsuitable materials and promptly restored to its original condition
as backfilling proceeds and work progresses. Pavements adjacent to
the site of the work shall be constantly swept so as to prevent scarring
of the pavement by scattered stones.
A.
Permanent pavement restoration shall be required and shall be performed
by the utility or contractor as follows in accordance with the latest
edition of the Township's Improvements Specifications Manual.
B.
Additional permanent pavement restoration shall be required and shall
be performed by the utility or contractor as follows:
(1)
Disturbed portions of the road, including but not limited to slopes
and appurtenances and structures such as guide rails, curbs, signs,
markings, drain pipes, driveways and vegetation, shall be restored
by the utility or contractor to a new condition. Additional restoration
may also be required, upon written notification to the utility or
contractor by the Township, to restore the structural integrity of
the pavement or shoulder.
(2)
If the contractor or utility opens pavement having a bituminous concrete
surface, the utility or contractor shall, in addition to the restoration
conditions outlined in this article, overlay the pavement in accordance
with the following conditions.
(a)
When a longitudinal opening longer than 100 linear feet has
been made in the pavement, the utility or contractor shall mill and
overlay the full width of the traffic lanes in which the opening was
made for the entire length of road that was opened, in a manner authorized
by the Township.
(b)
When two or more transverse openings have been made within 100
linear feet of pavement, the utility or contractor shall mill and
overlay the full width of the traffic lanes in which the openings
were made for the entire length of road between the openings, in a
manner authorized by the Township.
(c)
When two or more emergency openings have been made by the same
utility or contractor within a ninety-day period within 100 linear
feet of pavement, the utility or contractor shall mill and overlay
the full width of the traffic lanes in which the openings were made
for the entire length of road between the openings, in a manner authorized
by the Township.
(d)
If disturbed lanes adjacent to undisturbed lanes are overlaid,
the edge of the disturbed lane shall be saw cut or milled to a depth
of 1 1/2 inches or the depth of the existing surface course,
whichever is less, for the length of the opening to ensure a smooth
joint, with proper elevation and cross section. A full-width overlay
may be authorized on various roads instead of saw cutting or milling
the disturbed lane.
(e)
If disturbed lanes adjacent to shoulders are overlaid, the shoulder
shall be raised, with material and in a manner authorized by the Township
for the type of existing shoulder, so that the overlaid pavement and
shoulder edges are at the same elevation.
(3)
Aggregate used in a bituminous overlay wearing course shall comply
with skid resistance level (SRL) criteria specified in PennDOT Design
Manual, Part 2, Chapter 11.
(4)
If an opening is made in a bituminous concrete pavement within three
feet from the edge of pavement or other longitudinal joint or opening,
the surface restoration shall be extended to the edge of pavement
or other longitudinal joint or opening,
(5)
At each end of an overlay, the utility or contractor shall install
a paving notch, under PennDOT Roadway Construction Standard RC-28,
by milling, planing or other authorized method and provide a minimum
ten-foot transition.
(6)
The transition areas at each end of an overlay shall follow the contour
of the surrounding surface.
(7)
When any pavement markings are covered or destroyed by the permitted
work, including overlays, they shall be replaced with temporary pavement
markings, under PennDOT 203.72 (relating to temporary pavement markings)
before opening the disturbed pavement to traffic. When the pavement
surface is restored, pavement markings that were covered or destroyed
shall be replaced in their former location.
(8)
Sealing. Restored openings in the pavement or paved shoulder shall
be sealed under Section 401.3(j)(3) of PennDOT Publication 408 in
the case of bituminous concrete or Section 501.3(n) of PennDOT Publication
408 in the case of cement concrete.
C.
Alleys. Permanent restoration in alleys shall be required, to the
greatest extent possible and consistent with the standards set forth
in this article and conditions in such alley, with the precise methods
to be at the direction of the Township.
The permanent restoration of special type pavements, such as
concrete, brick, belgian block, cobblestone gutters or tiles, shall
consist of relaying the original wearing course in accordance with
the original installation specifications in such a manner as to prevent
settlement or other deterioration.
The Township or its designate will inspect all cuts, and an
inspection fee shall be charged to the utility. Such inspection fees
shall not constitute acceptance and approval of work performed by
the utility or contractor, but it is understood that such acceptance
and approval does not relieve the utility of any responsibility under
this article throughout the guaranty period.
Upon notification from the Township of a planned road resurfacing or reconstruction, all utilities will be required to test their lines and services and to schedule necessary capital improvements and service connections prior to resurfacing or reconstruction. Thereafter cuts will be permitted in the new pavement only in an emergency. Pave cuts made in new pavement shall be subject to penalties as provided in § 356-50 of this article. Essential services for new building construction will be exempt from this penalty. New construction shall not include the addition of an alternate or secondary source of fuel, water, heat or other service not included in the original construction or regarded as essential to the original construction. Pavement shall be considered new for a period of six years from the date of placement.
No monument in the Township may be removed, altered or buried
at any time. When pave cuts or road construction requires the temporary
removal of a monument, it must be preserved at the site and reset
at the direction of the Township. All costs incident thereto, including
surveys, shall be charged to the utility or contractor. A penalty
shall be imposed for failure to report the removal or alteration of
a monument. Burial of paving over a monument shall carry a penalty
for each monument covered. In addition, all cost incidental to exposing
and/or resetting a monument shall be charged to the utility or contractor.
All test holes and borings shall require restoration. Restoration
of bore holes shall follow immediately after testing with the application
of asphalt or other water-resistant plugs. A penalty will be charged
for each test hole found unplugged.
The applicant or contractor must reimburse the Township all
costs to replace all pavement markings damaged or removed by pave
cuts and work incident thereto. The Township shall contract to have
the necessary repairs made and shall bill the utility.
Electronic traffic control devices and ancillary equipment damaged
or removed because of pavement excavations or work incident thereto
must be replaced by the utility or its contractor, in kind, in whole
or in part, as required by the Township or his agent. The Township
shall contract to have the necessary repairs made and shall bill the
applicant, utility or contractor.
When work performed by a utility or contractor under this article
is found in violation of same, the contractor or utility may be given
the opportunity to make corrections as required by the Township. If
the corrections are not completed in the specified time or not completed
as specified, the Township may suspend all work, whether completed
or in progress, in noncompliance with this article and take appropriate
safety precautions. All work performed or contracted for by the Township
to attain compliance in this regard shall be billed to the utility
or contractor.
The utility shall actively resume work upon order from the Township
after a suspension.
If the utility or contractor fails to make adequate corrections to work found in noncompliance with this article in the time specified, penalties as provided in § 356-50 of this article shall be imposed until said corrections are completed to specifications.
The Township reserves the right to bar any contractor or his
employee from working within the Township limits whose work is found
in noncompliance with this article. The Township reserves the right
to refuse issuance of a permit to any applicant who fails to maintain
pave cuts in accordance with this article or who fails to pay sums
due the Township within 30 days from the date of billing. The Township
reserves the right to refuse issuance of a permit to cut new pavement.
Every public utility or contractor shall file with the Township
a designation in writing of the name and the post office address of
a person within the Commonwealth of Pennsylvania upon whom service
of any notice, order or process may be made under this article. Such
designation may, from time to time, be changed by like writing similarly
filed.
At the discretion of the Township, licensed contractors, other
than those under contract to a utility, may be permitted to make an
opening cut or excavation in the Township's right-of- way. Sections
pertaining to public utilities shall be applicable to licensed contractors.
Any person which violates or permits a violation of any of the
provisions of this article shall, upon being found liable therefor
in a civil enforcement proceeding, pay a fine of not more than $600
plus all court costs, including reasonable attorneys' fees incurred
by the Township in the enforcement of this article. No judgment shall
be imposed until the date of the determination of the violation by
the Magisterial District Judge and/or Court. If the defendant neither
pays nor timely appeals the judgment, the Township may enforce the
judgment pursuant to the applicable rules of civil procedure. Each
and every day a violation exists shall constitute a separate offense.
Further, the appropriate officers or agents of the Township are hereby
authorized to seek equitable relief, including injunction, to enforce
compliance therewith.
Any person charged with violating any provision of this article
may sign an acknowledgment of the offense committed, either before
or after the beginning of suit, and pay to any duly authorized agent
of the Township the maximum fine provided by this article, together
with costs accruing to that date. Such person shall receive a printed
receipt therefor, which shall bear the imprint of the seal of the
Township and the signature of its Board of Supervisors, which shall
be evidence of full satisfaction of the offense committed.
A.
Fees and deposits shall be in the amount set forth by the Township
by resolution.
B.
Notwithstanding any other provision of this article, the Township
will not issue any excavation permits to any person for an excavation
in any road that has been newly constructed within six years prior
to the date of application for such permit, except as follows:
(1)
Where the excavation is not to exceed 30 square surface area feet
and does not compromise the structural integrity of the road. In this
circumstance, the Township shall have the authority and discretion
to issue the necessary permit consistent with this article or the
fees set by resolution of the Township Board of Supervisors, which
may change from time to time; or
(2)
In the event of an emergency condition, including, but not limited
to, a gas leak, water leak, sewer blockage or other condition which
endangers the health, safety and welfare of any individual(s), the
Township will issue an excavation permit upon the payment of the sum
set forth by resolution of the Township Board of Supervisors, which
may change from time to time. Fees and a deposit for road repairs
at the rate double the amount set forth by the resolution of the Township
Board of Supervisors, which may change from time to time, for repairs
to paved roads.
C.
In the event that any person shall desire to excavate for purposes other than those stated in Subsection B(1) and (2) above in any newly constructed road during the time from the date of such construction and six years thereafter, the Board of Supervisors shall be empowered, at its discretion, to authorize the appropriate resolution authorizing such excavation, but in no event shall the payment of the sum set forth by resolution of the Township Board of Supervisors, which may change from time to time, for such a permit and the double amount of paving costs be eliminated.
