[Ord. 2006-09, 11/9/2006]
1. 
It shall be unlawful for any person or persons, firm, association or corporation, to connect to, open or break the surface of the ground within the boundaries of any public lands, public right-of-way, public highway, road, street, avenue, public lane, public alley, sidewalk or footpath, for the purpose of driveway construction, laying pipes, sewers, drains or conduits of any description, for making connections therewith or repairs thereto, or for the setting or planting of telegraph, telephone, electric light or other utility poles, or, for repairs thereto or renewals thereof, or to break the surface of any improved sidewalk or curb for the purpose of building any driveway across same or for any other purpose without first obtaining a highway occupancy permit from the Board of Supervisors before such work is begun, and complying with the other requirements herein specified.
2. 
Before such a highway occupancy permit is issued and said work begun, a written application on a blank form, to be finished for that purpose by the Board of Supervisors, must be filed with the Township, setting forth the purpose for which the highway, road, street, avenue, public alley, sidewalk or footpath is to be opened, excavated or occupied, and the location of the proposed work. In such application the applicant shall agree to assume all liability for all or any damages to person or property occurring to the public or to the Township, which may or might result from the opening, excavating or occupying of the highway, road, street, avenue, public lane, public alley, sidewalk or footpath. In case of necessity for emergency opening, a highway occupancy permit must be obtained within 72 hours after start of the work.
[Ord. 2006-09, 11/9/2006]
1. 
The application must be signed and filed, together with a bond payable to the Township, in the amount required by the Township, but not less than $500 with surety approved by the Township, conditioned to save the Township from loss or damage to its property and conditioned to indemnify the Township against any and all claims, demands, suits, or actions for damages sustained to persons or property by reason of anything done in pursuance of the highway occupancy permit. Furthermore, the applicant shall file with the Township a certificate showing the issuance of a policy or policies of insurance as follows:
Form
Minimum Limits
A.
Worker's Compensation
Statutory
B.
Contractor's Public Liability (including specific contractual liability)
$500,000/$1,000,000
C.
Contractor's Property Damage Liability (including explosion collapse hazard, underground damage hazard and blasting XCU coverages)
$500,000 each accident
D.
Principal or Owner's Protective for:
Bodily Injury
$500,000/$1,000,000
Property Damage
$500,000/$1,000,000
E.
Automobile Bodily Injury
$300,000/$500,000
Automobile Property Damage
$300,000
F.
If subcontractors are employed, Contractor's Protective (contingent) Liability Protection — Bodily Injury; Property Damage
Same as Prime Contractor
G.
Hold Harmless Agreement. The Contractor agrees to indemnify and "hold harmless" the owner and engineer for any and all liability resulting from bodily injury, including death and damage to property arising out of any act of omission in performance of the work undertaken under this contract
2. 
The permittee will submit to the Township of Allen, certificate or certificates of insurance for public liability and property damage, in sufficient amount to cover any loss, that may be incurred for or on account of any matter, cause or thing arising out of the construction, reconstruction, repair, relocation or installation of the permitted facilities, except in those instances where the Township by prior arrangement has authorized the permittee to provide other means of protecting the Township and its employee.
3. 
Public service corporations may file a covenant with the Township indemnifying it from damage in lieu of filing said bond and producing evidence of liability insurance. Such covenant shall be in a form satisfactory to the Township and shall indemnify the Township from all costs, losses, charges, suits, actions, claims, payments, demands and damages which the Township may or might sustain or be subject to incident to or growing out of the laying, maintenance and use of pipes, conduits, and the erection of poles within the Township.
4. 
Applicants for the installation of a driveway including a storm drainage pipe in regard thereto to serve a single-family residential dwelling on a single lot in separate and single ownership shall be exempt from providing a bond or evidence of liability insurance.
[Ord. 2006-09, 11/9/2006]
1. 
Before the issuance of a highway occupancy permit, the applicant shall make payment to the Township of the sums hereinafter mentioned:
A. 
Crossing — Unimproved Surfaces.
(1) 
Crossings from one side of highway, road, street, avenue or public alley, sidewalk or footpath.
(2) 
Two dollars per square yard of fraction thereof.
B. 
Crossing — Improved Surfaces.
(1) 
Crossings from one side of highway, road, street, avenue or public alley.
(2) 
Five dollars per square yard or fraction thereof.
C. 
Parallel Openings — Unimproved or Improved Surface.
(1) 
Parallel to highway, road, street, avenue or public alley.
(2) 
Ten dollars for each length along highway not to exceed 50 feet.
(3) 
Five dollars for each additional 100 feet or fraction thereof.
D. 
Openings or Breaks — Sidewalks and Curbs.
(1) 
Ten dollars length not to exceed 50 feet.
(2) 
Five dollars for each additional 100 feet or fraction thereof.
E. 
Poles. For the erection, setting or planting of any pole, the sum of $200 for each pole. In case of renewals the application must be made, but no highway occupancy permit fee shall be charged.
F. 
Driveways. Driveway openings including storm drainage pipe in regard thereto for single-family residential dwelling — $5.
G. 
Escrow Deposit. The Township Manager, upon receipt of a properly completed application, shall determine, with the assistance of the Township Engineer, the amount of the escrow deposit to be made by the permittee. The escrow deposit will be used to reimburse the Township for the cost(s) of plan reviews, inspection fees, legal fees, and any other incidental services which the Township may have to perform during the course of the project. The minimum deposit shall be $1,000 for main line construction and $250 for service lateral construction. The highway occupancy permit will not be issued and no work shall commence until the set escrow deposit is received by the Township Manager.
H. 
Form of Escrow Deposit. The escrow deposit may be in the form of cash, certified treasurer's check or cashier's check payable to the Township.
I. 
Debits from Escrow Deposit. The balance of the escrow deposit shall at no time be in an amount less than 50% of the original amount set by the Township Manager. In this regard the Township shall review the amount of the escrow deposit on a periodic basis and provide an accounting to the permittee of all costs incurred by the Township in connection with the highway occupancy permit. The permittee shall have 15 days after receipt of each notification given the permittee by the Township to comply with the Township's request to replenish the escrow deposit to the 50% level of the initial deposit.
J. 
Refund of Escrow Deposit. Upon completion and final inspection of the work, the Township shall make a final accounting to the permittee of all costs incurred by the Township in connection with the highway occupancy permit, to which the Township may add any reasonable sum to cover anticipated costs of future engineering inspections, legal fees and any other incidental services. Any interest accumulated from the deposited escrow funds will inure to Allen Township.
2. 
All backfilling of openings by the applicant must be performed under supervision of Township in accordance with Township regulations. Restoration and repairs by the applicant shall be made under the supervision of the Township and in accordance with the Township regulations for the restoration. The applicant is responsible for all costs associated with this inspection.
[Ord. 2006-09, 11/9/2006]
1. 
No highway occupancy permit shall be issued until the application has been approved by the Township. Highway occupancy permit shall be issued by the Township Manager and shall not be operative for more than 60 days from the date of issue.
2. 
No highway occupancy permit fee paid under this Part shall be considered to be in lieu of any annual license fee now required to be paid, or which may, at any time, be required to be paid by ordinance of the Township of Allen.
[Ord. 2006-09, 11/9/2006]
Every lane, drive and entrance road connecting with any public highway, street, road or avenue of the Township of Allen shall be so constructed or altered so that the water and surface drainage shall not be blocked or diverted from the course of the gutter, and that the surface drainage from such lane, drive or entrance road shall flow into the gutter of said public highway, road, street or avenue, and not upon the roadbed thereof. If no gutter exists, the applicant is responsible to provide for sufficient conveyance of the water runoff.
[Ord. 2006-09, 11/9/2006]
1. 
General Provisions.
A. 
The work authorized by a highway occupancy permit shall be done at such time and in such a manner as shall be consistent with the safety of the public and shall conform to all requirements and standards of the Township of Allen. 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 and/or its contractor upon being notified in writing by Township, shall immediately take the necessary steps, at its own expense, toward placing the work in condition to conform to said requirements or standards.
B. 
In the event of willful failure or neglect by said permittee and/or its contractor or their employees to perform and comply with the conditions, restrictions, and provisions of this highway occupancy permit, the Township may revoke and annul this highway occupancy permit and order and direct said permittee and/or its contractor to remove any or all structures or property belonging to said permittee and/or its contractor from the legal limits of the highway right-of-way and/or public property.
C. 
If work is stopped on a project for any reason including by order of Township's representative and the ditch or trench, in the opinion of the Township, remains open for an unreasonable period, the permittee and/or its contractor, if so directed, shall refill the ditch or trench and work shall not be resumed thereon until the permittee and/or its contractor is prepared to proceed with the work until completion. In the event that the permittee and/or its contractor fails to refill the ditch or trench or proceed until completion of the work upon notice from the Township to do so, the Township may perform the necessary and required work subject to reimbursement by the permittee and/or its contractor.
D. 
The permittee shall pay all costs and expenses incident to or growing out of the project, including the prescribed fees for the same, the cost of making and maintaining the temporary restoration of the disturbed areas and making permanent restoration, and further shall reimburse the Township for any and all inspection costs which the Township may deem it necessary to incur, including both the salaries and expenses of the inspectors, and the permittee shall reimburse the Township for costs by the Township within 30 days after receipt of the statement setting forth sums expended by the Township.
E. 
If the permittee and/or its contractor, after making an opening in the highway and/or property to place or repair pipe or for any other purpose, fails to restore any portion of highway right-of-way or public land to conform with specifications of the Township, the Township reserves the right to do the work and bill the permittee for the cost of restoration.
F. 
The permission herein granted does not relieve the permittee and/or its contractor from obtaining any consent otherwise required from the owner of the abutting property and does not confer upon the permittee and/or its contractor the right to cut, remove or destroy trees or shrubbery within the legal limits of the highway or public lands except under such conditions, restrictions and regulations as the Township may prescribe.
G. 
If at any time the structure or facility shall become a hazard from any cause whatsoever the permittee and/or its contractor shall have the same removed or repaired within 48 hours after receipt of written notification, except at times of extraordinary happenings when extension of such time limit may be given by the Township.
H. 
After each and every excavation made by the permittee and/or contractor in any public property, road or highway right-of-way covered by the highway occupancy permit incident to the erection, repair, resetting or removals of any poles, manholes, conduits, water, steam, oil, gas pipes, sewers or any other obstructions or construction, said permittee and/or its contractor shall, under the supervision and direction of the Township, restore the road or property to a condition conforming to requirements and/or specifications of the Township. So long as said permittee and/or its contractor leaves in place such structures and appliances, in, upon or along said highway right-of-way, the permittee and/or its contractor shall maintain and keep in good order and repair the said structures and appliances. By issuance of the highway occupancy permit, the permittee covenants and agrees to fully indemnify and save harmless the Township of Allen and local authorities of and from all liability for damages or injury occurring to any person or persons or property at or on said roads or property through or in consequence of any act or omission of any contractor, agent, servant, employee or person engaged or employed in, about, or upon the said work, by, at the instance or with the approval of consent of the permittee, or from the failure of the permittee and/or its contractor to comply with the provisions for maintenance as set forth herein.
I. 
If at any time in the future, the highway is widened or the alignment or grades change, the permittee must change or relocate, at its own expense, any part of the structure covered by this highway occupancy permit which interferes with the improvement of the highway.
J. 
During the time when the highway right-of-way covered by this highway occupancy permit is under process of construction and/or until said road or highway is accepted by the Township or local authorities, no permittee and/or its contractor will be authorized to enter upon said highway right-of-way for the purpose of erecting poles, laying conduits, water, steam, oil or gas pipes or sewers, or doing any other work whatsoever which might interfere with the construction of the road or highway, unless said permittee and/or its contractor shall first file with the Township or local authorities a duly attested certificate signed by the contractor or other authority constructing said road or highway, which certificate shall contain full consent to such proposed operation of said permittee and/or its contractor within the lines of the said highway right-of-way, together with a satisfactory waiver, release, and quitclaim to the Township and the local authorities, of all damages and all defenses whatsoever for delays by reason of such operations and occupation of said roadway by said permittee and/or its contractor, or from any cause whatsoever resulting by reason of such operation and occupations, provided that the provisions of this paragraph shall not apply in case of emergency; in such case the permittee and/or contractor shall procure the written consent of the Township to do such work as may be deemed necessary to correct the existing emergency conditions.
K. 
Any work done under any issued highway occupancy permit shall be subject to the conditions, restriction, and provisions of this highway occupancy permit which shall govern all excavations, openings, and trenches for the purpose of making repairs to any poles, conduits, water steam, oil, or gas pipes, or sewers, or other structures, or property and appurtenances thereto belonging, erected on or in the highway right-of-way.
L. 
Any highway occupancy permit issued is subject to any additional rights which the Township or other local authority in which the work is to be done may have in such matters.
M. 
After a highway occupancy permit is granted by the Township it shall not be assigned nor transferred without prior approval from the Township.
N. 
To protect the property, highway surface or pavement on said projects, all equipment used by the permittee and/or its contractor shall be approved by the Township. Equipment operating on pavement shall have rubber runners or wheels. In the event that other than rubber equipped machinery is used the pavement shall be protected by the use of heavy rubber or similar matting which shall be a minimum of four inches wider on each side than the tracks or wheels of the equipment used.
O. 
If, in the construction work, the permittee will be required to use certain blasting operations in the excavation the permittee agrees to make, execute and deliver to the Township of Allen, a bond in the sum stipulated by the Township with surety in the form of a surety company, duly registered and authorized to do business in Pennsylvania, conditioned that the permittee will save harmless the Township of Allen, from any damages whatsoever to its property, subgrade, special subgrade, subbase, drainage facilities, road material, and any other installations or matters in, under or on the property or highway right-of-way for an eighteen-month period from the date of the completion of the last work covered by this agreement. Said bond to be executed, simultaneously with the execution of any agreement to the date of approval by the Township of an application filed by surety for release of liability. Also, the permittee must provide copies of the license of the registered blaster and of the State permit for blasting.
P. 
Traffic control for work authorized by this occupancy highway occupancy permit must be carried out in accordance with the requirements of the Pennsylvania Department of Highways, Bulletin 203. In this connection, the permittee shall use due diligence in the execution of the work authorized under this highway occupancy permit in order not to obstruct unnecessarily or endanger travel along said highway. All safety provisions for the free movement of traffic shall be provided by the permittee.
(1) 
Warning signs shall be placed beyond each end of the actual operation a distance of at least 300 feet in such a manner as to be visible to the traveling public. These signs shall display the name of the permittee and/or the contractor. Special employees shall be assigned by the permittee and/or its contractor to direct traffic when it becomes necessary to limit it to one way. Advance permission must be obtained from Township, or its authorized representative before directing traffic through one lane. Substantial barricades with adequate illumination shall be provided and maintained for any open trench or hole in the highway right-of-way in a manner approved by the Township.
(2) 
Flagmen will be required as specified and in accordance with PennDOT Publication 408.
Q. 
If it would become necessary to open the surface of the highway, plates or bridging will be required on all openings made within the improved surface which have a shortest dimension in length or width of six feet or less whenever work cannot be completed within the same day, during peak traffic hours or in the manner specified on the highway occupancy permit. The plate or bridging is to be extended a minimum of 18 inches on either side of the opening and tied into the existing cartway.
R. 
A marker for identification showing the name of the permittee shall be placed in each opening or impairment made for service installations or repairs within the improved surface of state highway. The marker shall have a head at least 1 1/2 inches in diameter with a six-inch spike. It shall be placed at the nearest edge of the cut closest to the edge of the improved surface and shown on the plans attached to the application.
S. 
Where an underdrain, storm sewer, or other structure or facility is encountered, it shall be replaced or restored by the permittee and/or its contractor in accordance with the prevailing standard of the Township.
T. 
The permittee and/or its contractor shall place the top of manholes so that it shall be even with the elevation of the highway and slope of its shoulder, unless a lower elevation is approved by the Township.
U. 
All excess excavated material shall be removed and disposed of outside the legal limits of the highway as the work progresses, unless the approval of the Township is obtained for disposal of the material within the legal limits of the highway. All parts of the highway and various structures disturbed shall be restored to a condition equal to that which existed before starting the work. Guide rails shall be replaced to the present alignment, and any guide posts discolored through the work of the permittee and/or contractor shall be refinished by washing or repainting.
2. 
Subsurface Road Crossing Operations.
A. 
Bituminous road surface placed within last five years. Any opening or impairment of any nature whatsoever of any improved surface within a Township right-of-way as authorized by a Township highway occupancy permit of any kind shall be made in accordance with the following specified provisions if the roadway surface was placed within five years prior to highway occupancy permit application.
(1) 
In case it is necessary to cross under any improved road or highway, the opening for a pipeline shall be drilled, bored, or driven on a horizontal plane at a minimum depth of three feet below the surface of the road or highway, or the structure may be placed otherwise by tunneling when approved by the Township. Trenching will be authorized by the Township, in writing, where tunneling would present any danger to life. Where necessary to cross the improved road or highway by tunneling, the crossing shall be made, except in solid rock formation, under 1/2 of the improved road width, and the pipe or structure placed and the hole carefully backfilled with 1:3:6 concrete of a dry consistency thoroughly tamped, and allowed to stand 24 hours before traffic is permitted to use that half of the road. The second half of the tunneling is to be completed in the same manner, so at least one way traffic will be maintained over 1/2 the improved road or highway while the second half is being tunneled. In solid rock formation the crossing may be made by trenching when approved by the engineer representing the Township, but not more than 1/2 of the width of the pavements shall be opened, the structure placed, the trench backfilled as specified in Subsection 2B below.
(2) 
No openings for the purpose of placing pipe lines or other structures under the improved surface of the road or highway by drilling, boring, driving, or tunneling shall be made closer than three feet to the edge of the improved surface of the road or highway.
(3) 
The permittee is responsible for all costs and expenses of making and maintaining immediately temporary or permanent restoration of disturbed areas. Temporary restoration within the highway paving shall consist of a minimum eight-inch stone base with a two-inch bituminous material and shall be kept in place for a minimum of 90 days. Permittee shall make final restoration as required by the Township of such areas and be responsible for any subsequent failure of the highway surface during a period of two years following completion of the permanent restoration work. Restoration may include the requirement of full lane overlays if deemed necessary by the Township.
B. 
Bituminous Road Surface Placed More Than Five Years Prior To Permit Application.
(1) 
Trenching may be authorized in writing by the Township.
(a) 
If tunneling is required, Subsection 2B above shall apply.
(b) 
If trenching is authorized, not more than 1/2 of the width of the pavement shall be opened, the structure places and trench backfilled as specified in Subsection 2B(2) and (3) below.
(2) 
Suitable material from the excavated trench may be retained to provide insulation around and over the utility to a height not to exceed 12 inches over the top of the pipe, conduit, etc. This material shall be compacted in four-inch layers. This material shall be placed or stored on the side of the operation farthest from the road material or pavement, unless otherwise authorized by the Township, and in such a manner that there will be no interference with the flow of water in any gutter, drain, pipe, culvert, ditch, or waterway. The remaining excavated material must be removed from the site. The trench must then be backfilled with flowable fill (unless compacted 2A is authorized by the Public Works Superintendent) as provided by an approved concrete plant, up to the bottom elevation of the road base. Flowable fill shall conform to PennDOT strike-off letter 430-97-38 and the related details and specifications.
(3) 
Prior to the replacement of the Base Course the exiting Base and Surface must be sawed or drilled (holes six inch on centers if drilled) one foot on each side of the trench and removed. The binder, and/or wearing course shall be placed and should conform to the existing type of road paving courses, with a minimum depth of five inches BCBC and 1 1/2 inches of wearing.
C. 
Reinforced Cement Concrete Pavement.
(1) 
If the existing pavement is a Reinforced Cement Concrete Pavement the method of trench backfilling shall be in accordance with the requirements as set forth in the preceding section for Bituminous Pavement, Subsection 2B. The pavement shall be sawed or drilled in a neat straight line one foot on each side of the trench prior to the replacement of the base.
(2) 
The replacement base must consist of High Early Strength Concrete equal in depth of the original concrete pavement. The surface must be cured in accordance with PennDOT Publication Form 408.
(3) 
After surface corrections have been completed and just before the concrete becomes non-plastic, the surface shall be given a drag finish in accordance with PennDOT Publication Form 408.
3. 
Utilities Installed Parallel to Road Center line.
A. 
Trenches for conduits, water, steam, oil, gas pipes, and sewers and other obstructions placed parallel with the road or highway shall be dug so that the near edge of the trench is at least three feet outside of the edge of the road material, unless the Township shall authorize in writing a lesser clearance. A greater distance shall be used wherever practicable.
B. 
Any trench for construction shall not be opened for a distance of more than 200 feet at any one time, unless specifically authorized by Township. At no time will the permittee be permitted to leave more than 25 feet of trench open at the end of a working day whenever utilizing the shoulder of a Township highway for the utility.
C. 
The Board of Supervisors may grant specific permission for utilities to be located within the shoulder of the roadway. Backfilling and final restoration of the shoulder of Township highways shall be made as follows:
(1) 
Local material excavated from the trench may be used for insulation around the utility to a height not to exceed 12 inches over the utility. The remaining backfill must be made with 2A aggregate mechanically compacted in four-inch layers. If the length of the utility exceeds 50 feet, the shoulder must be restored to the specifications directed by the Township.
(2) 
The permittee is responsible for all costs and expenses of making and maintaining immediately temporary or permanent restoration of disturbed areas. Temporary restoration within the highway paving shall consist of a minimum eight-inch stone base with a two-inch bituminous material and shall be kept in place for a minimum of 90 days. Permittee shall make final restoration as required by the Township of such areas and be responsible for any subsequent failure of the highway surface during a period of two years following completion of the permanent restoration work. Restoration may include the requirement of full lane overlays if deemed necessary by the Township.
4. 
Surface or Overhead Operations.
A. 
Utility poles, guys and other ground mounted utility appurtenances shall be placed as far from the edge of the traveled roadway as possible and still be within the right-of-way or easement. No poles or other overhead structures shall be placed where they will obstruct the view of traffic on the highway, nor within five feet of any warning or direction sign, unless specifically permitted in writing by the Township.
B. 
All wires, except power transmission and supply lines, appurtenances, or supports attached to poles which cross the highway shall be placed or erected so as to provide a minimum vertical clearance of 18 feet within right-of-way limits of highway. Where power transmission and supply lines cross a highway in urban and rural areas, vertical clearance and other requirements of the National Electrical Safety Code must be complied with. All guys shall be placed so as to avoid interference with traffic of all kinds on the highway and must present a neat appearance when installed; if for electric power lines they must be adequately insulated at a point not less than 10 feet vertical above the ground; if for telephone lines when in proximity to electric light or power lines they must be adequately insulated at a point not less than eight feet vertical above the ground.
C. 
Exception:
(1) 
When guys are permanently grounded in conformity with accepted grounding practice; insulators may be omitted provided, however, that permittee states in the application for highway occupancy permit the method whereby such guys, when installed, will be properly grounded, and will, thereafter, be maintained, through periodic inspection of all ground connections. This exception applies primarily to guys exposed to circuits carrying more than 14,000 volts and to guys permanently grounded throughout in connection with any grounded supply circuits using continuous ground wires.
D. 
All poles installed on the right-of-way of a Township highway which requires marking, shall be equipped at the time of installation with three size (A) crystal colorless reflector buttons, mounted in a vertical row, spaced six inches apart, six feet above the grade of the crown of the road. The row of buttons shall face approaching traffic forming an axis with a five-degree angle toward the roadway, as indicated by the current standards of the Department of Transportation. When present pole markings are in need of replacement of repainting, the reflector buttons shall be installed on those poles, in conformity with aforesaid standards.
E. 
All poles that may be erected shall be numbered, and each number, together with the initials of the permittee, shall be plainly designated thereon by and at the expense of said permittee.
[Ord. 2006-09, 11/9/2006]
Any person, partnership, or corporation who has violated any of the provisions of this Part, upon being found liable therefor in a civil enforcement proceeding commenced by the Township, shall pay a judgment of not more than $1,000 plus all court costs plus reasonable attorney fees incurred by the Township as a result thereof. No judgment shall commence or be imposed, levied or payable until the date of the determination of a violation by the Magisterial District Judge. If the defendant neither pays nor timely appeals the judgement, the Township may enforce the judgment pursuant to the applicable rules of civil procedure. Each day that a violation continues shall constitute a separate violation, unless the Magisterial District Judge determining that there has been a violation further determines that there was a good faith basis for the person, partnership or corporation violation this Part to have believed that there was no such violation, in which event there shall be deemed to have been only one such violation until the 5th day following the date of the determination of a violation by the Magisterial District Judge and thereafter each day that the violation continues shall constitute a separate violation.