[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:
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.
(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.
