[Ord. 2001-2, 3/12/2000, § 1]
The following words and terms, when used in this Part, have
the following meanings, unless the context clearly indicates otherwise.
ADJACENT AREA
the area surrounding the immediate area of the permitted
work which can reasonably be assumed to have been affected by the
permitted work.
BACKFILL
material used to replace or the act of replacing material
removed during construction.
BASE COURSE
the layer or layers of specified or selected material or
designed thickness placed on a subbase or a subgrade to support a
surface course.
BRIDGE
a structure, including supports, erected over a depression
or an obstruction, as water, street 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.
CENTRAL PERMIT OFFICE
the office, which administers this Part, located in the Smith
Township Municipal Building, 415 Joffre-Cherry Valley Road, Burgettstown,
PA 15021.
CLEAR ZONE
the portion of right-of-way beyond the pavement edge.
CULVERT
a structure under the pavement with an opening of 20 feet
or less, measured along the center of the pavement.
DEPARTMENT
the Township of Smith or its representative.
DETOUR
to send traffic by a circuitous route around a portion of
a street that has been closed.
EMERGENCY
an unforeseen occurrence or combination of circumstances
which calls for immediate action or remedy.
EMERGENCY REPAIR
repair to a utility facility undertaken to repair damage
resulting from a vehicle accident or collision with the facility,
a failed component or storm damage. The term does not include service
connections or disconnections unrelated to vehicle accident, a failed
component or storm damage.
EQUIPMENT
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.
FLEXIBLE BASE PAVEMENT
a pavement structure which maintains intimate contact with
and distributes loads to the subgrade and depends on aggregate interlock,
particle friction and cohesion for stability.
GROUT
a mixture of cement, water and sand.
IMPROVED AREA
the area within the right-of-way which has been constructed
for street purposes, including roadbed, pavement, shoulders, slopes,
sidewalks, drainage facilities and other appurtenances.
INSPECTOR
the Township's authorized representative assigned to inspect
permit operations.
PAVEMENT
the combination of subbase, base course and surface course
placed on a subgrade to support the traffic load or distribute it
to the roadbed, or both. The term normally includes the traveled portion
of the street and extends to the face of the curb in a curbed section.
The term does not include shoulders.
PERMIT
A.
A street occupancy permit form issued by Smith Township under
this Part.
B.
An authorization to occupy street right-of-way when a utility
facility relocation is required by a street construction project,
granted either by written agreement or by a street occupancy permit.
PERSON
a natural person, firm, co-partnership, association, corporation,
authority or legal entity.
PLANS
drawings which show the location, character and dimensions
of the proposed occupancy and related street features, including layouts,
profiles, cross sections and other details.
PLOWING
direct burial of a utility line by means of a plow-type mechanism
which breaks the ground, places the utility line and closes the break
in the ground in a single operation.
PUBLICATION 408
a Pennsylvania Department of Transportation publication containing
the street construction specifications, as supplemented.
RIGHT-OF-WAY
the area which has been acquired by the Township for street
purposes.
RIGID BASE PAVEMENT
a pavement structure which distributes loads to the subgrade
having as one course a Portland cement concrete slab of relatively
high bending resistance.
ROADBED
the graded portion of a street within top and side slopes,
prepared as a foundation for the pavement and shoulder.
SEAL COAT
a thin treatment consisting of bituminous or other approved
material, usually with cover aggregate, applied to a surface course.
SHOULDER
the existing improved or graded portion of the street, contiguous
to the traffic lanes, for accommodation of stopped vehicles, for emergency
use or for lateral support of base and surface courses of pavements.
STREET
any Township street, alley or other Township thoroughfare
located in the Township of Smith and established for the use of vehicles
and pedestrians.
SUBBASE
the layers of specified or selected material of designed
thickness placed on a subgrade to support a base course.
SUBGRADE
the top surface of a roadbed upon which the pavement structure
and shoulders, including curbs, are constructed.
SUITABLE MATERIAL
soil, granular material or shale meeting specifications in
§ 206.2 of Publication 408.
SUPPLEMENT
an amendment to a street occupancy permit.
SURFACE COURSE
one or more layers of a pavement structure designed to accommodate
the traffic load, the top layer of which resists skidding, traffic
abrasion and the disintegrating effects of the climate. The top layer
is sometimes called the "wearing course."
TACK COAT
an application of bituminous material to an existing surface
to provide bond with a superimposed course.
TEST HOLE
an exploratory opening of less than 100 square inches.
UTILITY
a person owning a utility facility, including any wholly
owned or controlled subsidiary.
UTILITY FACILITY or FACILITY
privately, publicly or cooperatively owned lines, facilities
and systems for producing, transmitting or distributing communications,
power, electricity, light, heat, gas, oil, crude products, coal, water,
steam, waste, stormwater not connected to the Township drainage facilities
and other similar commodities, including fire and police signal systems
and streetlighting systems, which directly or indirectly serve the
public or any part thereof.
VEHICLE
every device which is or may be moved or drawn upon a street.
[Ord. 2001-2, 3/12/2000, § 2]
It is in the public interest to regulate the location and construction
of facilities and other structures within Smith Township streets and
right-of-ways for the purpose of ensuring the structural integrity
of the street, economy of maintenance, preservation of proper drainage
and safe and convenient passage of traffic. Nothing contained herein
is intended to relax existing safety requirements under local, state
and/or federal law.
[Ord. 2001-2, 3/12/2000, § 3]
It shall be unlawful, except as provided in Subsections A through
C, that no work may be performed within the right-of-way involving
the placing of utility facilities or other structures or opening of
the surface without first obtaining a permit from Smith Township.
A. A permit application is not required for modifying parts of existing
permitted facilities, such as cable within conduit, cross arms or
transformers on poles or manhole riser rings prior to roadway resurfacing,
if no surface opening is required.
B. Permit applications are not required for stringing overhead utility
lines.
C. Permit applications are not required for accessing an existing utility
facility through a manhole.
D. All applications shall be submitted in the name of and executed by
the owner or a legal representative in case of a corporation. An application
may not be submitted in the name of contractors of the owner or operator.
E. An applicant under this Part shall provide satisfactory evidence
to the Township of ability to completely discharge construction, maintenance
and financial duties imposed by this Part. An applicant shall provide
satisfactory evidence that the proposed application will not be inconsistent
with the structural integrity of the right-of-way, the Township's
maintenance responsibilities or the safe and convenient passage of
traffic. The Township may require security, including but not limited
to:
(1)
Executing indemnity agreements satisfactory to the Township.
(2)
Obtaining insurance in a form and amount acceptable to the Township.
(3)
Obtaining surety bonds in a form and amount acceptable to the
Township to guarantee restoration of the permitted area in a manner
satisfactory to the Township for a period of at least two years after
the acknowledged completion of the permitted work.
(4)
Depositing sufficient currency in an escrow account acceptable
to the Township to fully secure the obligations in Subsection E(3)
as an alternative to the obtaining of the surety bonds.
(5)
The use of bonded contractors as well as consultants and engineers
having professional liability insurance.
(6)
An applicant shall submit a detailed traffic control plan for
permitted work.
(7)
The permit is nontransferable.
(8)
Payment of all required fees.
[Ord. 2001-2, 3/12/2000, § 4]
A permit application shall be submitted to the Township of Smith
at the Township Municipal Building located at 415 Joffre Cherry Valley
Road, Burgettstown, PA 15021 during normal working hours. The permit
application shall be submitted at least 30 days prior to the anticipated
start of work.
[Ord. 2001-2, 3/12/2000, § 5]
1. Shall be submitted in person or by mail on a properly completed Township
of Smith street opening permit form.
2. Shall be signed by the applicant.
3. Shall include at least two sets of plans, detailing the location
and pertinent horizontal and vertical dimensions of the opening, the
proposed installation and related street features including, specific
street location, center line, edges of pavement, outside edges of
shoulders, curbing, street drainage structures and right-of-way lines.
4. Shall be accompanied by a check or money order, payable to the Smith
Township, in the appropriate amount, as set forth in the schedule
of fees for street opening permits.
5. Shall identify consulting engineers performing work related to the
application. The consulting engineer shall also sign the application.
6. Plans depicting occupancy of more than 200 feet of pavement or shoulder,
or both, shall have a horizontal scale of one inch equal to 50 feet.
Plans depicting other occupancy of the pavement or shoulder shall
specify dimensions from the near edge of the pavement.
7. Plans depicting installation or replacements of a facility involving
more than 100 feet of pavement or shoulder opening shall identify
utilities and other structures within the right-of-way that will be
affected by the proposed occupancy and shall include typical cross
sections at each significant change in street cross section features.
8. Verification that the Pennsylvania One Call System has been contacted.
[Ord. 2001-2, 3/12/2000, § 6]
A traffic control plan shall be submitted with the application
in the following manner:
A. The applicant shall submit a traffic control plan for the Township
approval whenever it will be necessary to close a portion of a travel
lane during active work in progress or during hours of darkness without
work in progress and or whenever it will be necessary to completely
close a street to perform permitted work.
B. A traffic control plan shall clearly indicate how the work area,
vehicular and pedestrian traffic will be protected, maintained and
controlled. Two copies of a detailed drawing, showing actual site
conditions and the necessary traffic control requirements for the
specific project.
[Ord. 2001-2, 3/12/2000, § 7]
1. The applicant is responsible for the accuracy of the information
submitted to the Township including, the application, plans, drawings,
reports and correspondence:
A. Penalty for Falsifying Application. Information provided in applications
shall be accurate. Section 4904 of the Crimes Code (relating to unsworn
falsification to authorities) makes it a misdemeanor of the second
degree for a person to mislead a public servant in performing an official
function by making a written false statement which the person does
not believe to be true. The Township will examine and determine the
genuineness, regularity and legality of every application and may
reject an application if not satisfied as to its genuineness, regularity
or legality or the truth of a statement contained in the application.
The Township may also make investigations and require additional information
as it deems necessary.
B. Debarred Persons. The Township may debar a person, including permittees,
consultants, contractors and their employees, agents, successors and
assigns, from placing a facility, working within any street right-of-way
under permit, directing work or having involvement in a permit issued
or an application submitted under this Part, for one or more of the
following:
(1)
Unsatisfactory past performance, as documented by records, reports
or performance ratings.
(2)
Failure to complete permitted work under the permit and this
Part, as documented by records, reports or performance ratings.
(3)
Bribing, attempting to bribe or giving gratuities to a Township
employee or a permit inspector.
[Ord. 2001-2, 3/12/2000, § 8]
Application fees charged to defray costs incurred by the Township
in reviewing and processing the applications and plans, including
the preliminary review of the site location identified in the application,
whether or not a permit is issued and processed, shall be as follows:
B. Supplement fee (each six-month time extension) (each submitted change):
$25.
C. Emergency permit card (each card): $5.
D. General Permit Inspection Fees. General inspection fees charged to
defray cost incurred by the Township in spot inspections of permitted
work or subsequent inspections after the permitted work has been completed
and to monitor compliance with the permit and this Part shall be as
follows:
(1)
Surface Openings. This fee is calculated on the total linear
feet of the opening being permitted with different areas of the right-of-way.
(a)
Total linear feet of opening (each one-hundred-foot increment
or fraction thereof):
(i)
Opening in pavement: $55.
(ii) Opening outside pavement and shoulder: $20.
(b)
If a longitudinal opening simultaneously occupies two or more
street areas identified in Subsection D(1)(a), only the higher fee
will be charged. Linear distances shall be measured to the nearest
foot.
(2)
Surface Opening of Less than 36 Square Feet, for example, service
connections performed independently of underground facility installation,
pipeline repairs (each opening):
(a)
Opening in pavement: $40.
(b)
Opening in shoulder: $25.
(c)
Opening outside pavement and shoulder: $20.
(d)
If an opening simultaneously occupies two or more street areas
identified in Subsection D(2)(a) through (c), only the higher fee
will be charged.
(3)
Aboveground Facilities (for example, poles or guys or anchors
if installed independently of poles):
(a)
Up to 10 physical connected above ground facilities (each continuous
group): $30.
(b)
Additional aboveground physically connected facilities (each
pole with appurtenances): $4.
(4)
Crossings (for example, overhead tipples, conveyors or pedestrian
walkways and undergrade subways or mines): $85.
E. Exemptions. Permit application fees and general permit inspection
fees are not required from the following:
(2)
The installation or maintenance of streetlighting at the request
of the Township.
(3)
The replacement or renewal of utility facilities prior to Township
maintenance project after notice from the Township.
(4)
The removal of poles and attached appurtenances.
(5)
Facilities moved at the request of the Township.
F. Additional Application Fee. If the Township anticipates that the
cost of reviewing the required application information or inspecting
the permitted work will exceed the application or inspection fees
listed in this section by a significant amount, the following additional
fees will be assessed:
(1)
Additional Application Fee. The Township will estimate the additional
amount of salary, overhead and expenses and prepare a reimbursement
agreement for execution by the applicant. Township review of the permit
application will commence on the effective date of the agreement.
(2)
Additional Inspection Fees. If the Township determines that
the permitted work is of sufficient magnitude or importance to warrant
assignment of one or more persons to inspect the permitted work on
a more than spot inspection basis, the permit will so indicate, and
the permittee shall be charged for additional salary, overhead and
expenses incurred by the Township for inspection.
(3)
Charge Calculation. The charges will be calculated either on
an actual cost basis or a standard unit cost basis.
(4)
Invoices. The Township will provide an itemized invoice for
additional fees owed to the Township.
G. Refunds. The Township will refund the general permit inspection fees
on unused permits. To be eligible to receive a refund, the permittee
shall deliver the request with the permittee's copy of the permit
to the issuing officer on or before the permit expiration date.
(1)
A refund-processing fee of $25 shall be deducted from the general
permit inspection fees.
(2)
The permit application fee is not refundable.
H. Miscellaneous Fees. The applicant shall pay for notary and recording
costs if it is determined by the Township that the permit shall be
recorded in the County Office of Recorder of Deeds.
I. Any and all fees may be amended or adjusted by resolution of the
Township Supervisors.
[Ord. 2001-2, 3/12/2000, § 9]
1. General Rule. Upon approval of an application submitted under this
Part, a permit will be issued by the appropriate office, subject to
this Part and the conditions contained in the permit and its attachments
and supplements. The permit shall be the applicant's authority to
proceed with the work specified in the permit. A copy of the permit
and relevant plans shall be available at the work site for review.
2. Permit Requiring Agreement/Security. If the permittee will be authorized
to perform a substantial amount of work within the right-of-way, the
Township may, at its discretion, require the applicant to execute
an agreement or provide security, or both, as a prerequisite to issuance
of the permit. If security is required, it shall be delivered to the
Township in a form and amount acceptable to the Township and shall
guarantee restoration and maintenance of the street for a period of
at least two years after the acknowledged completion of the permitted
work. If the security is executed by a company registered and authorized
to do the business in the commonwealth, the following documents are
acceptable forms of security:
A. An individual or blanket bond executed by the permittee and naming
the Township as obligee.
B. An irrevocable letter of credit signed by a bank officer and naming
the Township as sole beneficiary, to be honored on presentment.
C. An escrow account in a form acceptable to the Township.
3. Permit Issued Only to Applicant. A permit will only be issued to
the applicant as described in § 103 (relating to permit
application procedure).
4. Permit Supplements. The permittee may request a supplement to the
permit in writing, to amend a permit condition, such as revising the
traffic control plan or extending the permit expiration date. A permit
is valid for a six-month period, or multiples thereof as specified
on the permit, subject to the following conditions:
A. If the permittee has not completed authorized work by the completion
date specified on the permit, an application shall be submitted requesting
a time extension on the permit.
B. If approved, a supplement to the permit authorizing a new completion
date will be issued by the Township.
C. No extension of the permit will be authorized unless the permittee
obtains an extension on the duration of a bond, insurance or other
security required under this Part, which extension of the bond, insurance
or other security corresponds with the permit time extension. The
permittee shall provide evidence of the extension to the Township.
D. No work may be performed on an expired permit until a time extension
supplement or new permit is obtained.
E. No time extension supplement will be issued for a request received
more than 30 days after the expiration of the permit. In that case,
an application for a new permit may be submitted to the district office.
F. Work Completion Notification. When permitted work has been completed,
the permittee shall notify, in writing, the Township office.
[Ord. 2001-2, 3/12/2000, § 10]
1. General Rule. Emergency repairs involving the placing of facilities
or opening of the surface within the right-of-way may be performed
prior to obtaining a permit if the following procedure is adhered
to:
A. Utility owners or operators may obtain emergency permit cards by
submitting an application on company stationary to the Township. The
application shall be accompanied by a check or money order, in the
amount specified in § 108 (relating to permit fees). The
utility facility owner or operator shall promptly notify the Township
office by telephone when the necessity for an emergency repair occurs
during the hours of 7:00 a.m. to 3:00 p.m., Monday through Friday.
Emergency work occurring at other times shall be reported to the Township
office on the following workday.
B. Prior to opening the surface or placing utility facilities within
right-of-way, the utility work crew shall enter the following information
on the emergency permit card in legible handwriting, using indelible
ink:
(1)
Date emergency work is started.
(2)
Time emergency work is started.
(3)
Location of emergency work site.
(4)
Description of emergency work.
C. The completed, original emergency permit card shall be located at
the work site and shall be available for the inspection by any police
officer or representative of the Township. Reproduced copies of the
original card shall not be valid.
D. A permit shall be applied for within 15 days to confirm and set forth,
in detail, any work performed. The applicant shall then enter the
application number on the emergency permit card.
E. Work performed under authority of an emergency permit card shall
conform to this Part.
2. Use of Card. An emergency permit card shall be valid for one year
or 25 emergency repairs, whichever occurs first.
A. Emergency permit cards may be obtained by submitting an application
to the Township Office listing thereon the number of emergency permit
cards desired.
B. The utility shall be responsible for assigning the proper emergency
permit cards to its work crews.
C. An emergency permit card shall be returned to the Township office
within 15 days after either the 25th repair
authorized by the card or one year from the card issuance date, whichever
occurs first.
[Ord. 2001-2, 3/12/2000, § 11]
The following conditions apply to permits issued under this
Part:
A. Scope of Permit. The permit is binding upon the permittee, its agents,
contractors, successors and assigns.
(1)
The permittee is responsible for causing compliance with the
terms and conditions of the permit by its employees, agents and contractors.
(2)
The permit shall be located at the work site and be available
for inspection by a police officer or a representative of the Township.
(3)
The permit shall be maintained by the permittee as a permanent
record and remain in effect, subject to the permit conditions and
this Part, as long as the permittee's facilities authorized by the
permit occupy the right-of-way.
(4)
Responsibility for compliance with the terms of the permit may
not be assigned or transferred by the permittee without first obtaining
approval from the Township. If a permit is assigned or transferred
without first obtaining approval from the Township, the assignment
or transfer is void. The permit assigned or transferred also becomes
void. A facility installed under the authority of the permit shall
be subject to removal at the expense of the applicant to which the
permit was issued or its assignees or both.
(5)
The permittee is liable to the Township for failure to comply
with the permit and this Part. The liability of the permittee to the
Township does not preclude the permittee or the Township from bringing
an action against the permittee's contractor, subcontractor, engineer,
architect, assignee, agent, workers, employees or other persons.
B. Additional Restrictions. Work authorized by the permit is subject
to:
(1)
Applicable laws, rules and regulations, including but not limited
to:
(a)
The Act of October 26, 1972, concerning environmental control
measures related to pollution and the preservation of public natural
resources.
(b)
The Act of December 10, 1974, concerning protection of the public
health and safety by preventing excavation or demolition work from
damaging underground utility facilities.
(d)
OSHA construction safety and health regulations.
(e)
Civil Rights Act of 1964.
(f)
The rights of any person.
(g)
The conditions, restrictions and provisions of the permit.
C. Work to Conform to the Township Standards. Work shall conform to
the Township standards, including the following:
(1)
The work shall be done at a time and manner consistent with
the safety of the public and conform to the requirements and standards
of the Township, including but not limited to Department of Transportation
Publication 408.
(2)
Street materials shall be obtained from the Department of Transportation
approved sources, which are identified in the current Pennsylvania
Department of Transportation Numbers 34, 35, 41 and 42. Upon request,
the permittee shall make available for review certifications for backfill
and restoration materials placed within the improved areas.
(3)
If it is found by the Township that the work is not being done
or has not been properly performed, the permittee shall promptly take
the necessary steps, at its own expense, to place the work in condition
to conform to the requirements or standards.
(4)
If a dispute arises between the permittee and the Township's
inspector, the Township inspector has the authority to suspend work
until the question at issue may be referred to and decided by the
Township office.
(5)
Work not specifically regulated by this Part shall be performed
as authorized by the Township.
D. Permittee Responsibilities. Permittee responsibilities include the
following:
(1)
The permittee shall pay the costs and expenses incident to or
arising from the project, including the prescribed fees for the project,
the cost of making and maintaining temporary restoration of the disturbed
areas and making permanent restoration. The permittee shall reimburse
the Township for inspection costs, which the Township deems necessary
to incur, within 30 days after receipt of the Township's invoice.
(2)
In the event of failure or neglect by the permittee to perform
and comply with the permit or this Part, the Township may invoke any
or all of the following remedies which are not mutually exclusive
and may invoke such other remedies as are otherwise available or provided
for in this Part, as well as such other remedies and/or sanctions
as are available at law or in equity; immediately revoke and annul
the permit and order and direct the permittee to remove structures,
equipment or property belonging to the permittee or its contractors,
or both, from the legal limits of the right-of-way and to restore
the right-of-way to its former condition; if the Township determines
that the structures, equipment or property poses a threat to the public
safety and the permittee fails to remove it after notice from the
Township to do so, the Secretary or its Solicitor, or an attorney
of a court of record is authorized to appear for the permittee and
to enter an amicable action of ejectment and confess judgment against
the permittee; additionally, the attorney or Solicitor is authorized
to issue, forthwith, a writ of possession with a clause of fieri fascias
for costs and expenses, without leave of court.
(3)
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.
(4)
If the permittee, after making an opening in the surface to
place or repair a facility or for another purpose, fails to restore
a portion of the right-of-way to conform with this section, the Township
reserves the right to do the work upon notice to the permittee, if
practicable, and the permittee shall reimburse the Township for the
costs within 30 days after receipt of the Township's invoice.
(5)
If backfill or restoration work will be performed for the permittee
by a contractor, the permittee shall identify to the Township both
its contractor and its inspector in charge, who shall be assigned
to monitor backfill and restoration work performed within the improved
area. The permittee's inspector in charge, as well as the permittee,
is responsible for ensuring work is performed in compliance with the
permit, this Part and Publication 408.
(6)
The permittee shall notify the Township at least three full
workdays prior to the start of work when the permit identifies that
the permitted work will be inspected on a more than a spot inspection
basis.
E. Altering Drainage Prohibited. Altering drainage shall be prohibited
by the following conditions:
(1)
Unless specifically authorized by the permit, the permittee
may not:
(a)
Alter the existing drainage pattern or the existing flow of
drainage water.
(b)
Direct additional drainage of surface water toward, onto or
into or in any way affects the street right-of-way or street facilities.
(2)
The permit does not authorize the permittee to direct, divert
or otherwise drain surface waters over property of another property
owner.
(a)
The permit does not relieve the permittee from acquiring the
consent, permission or other authorization from a property owner who
may be adversely affected by drainage alterations.
(b)
The permittee is responsible for damage caused to property owners
as a result of work done under the permit.
(3)
A permit will not be issued to authorize the discharge of water
into the right-of-way unless the water is surface drainage.
F. Equipment Damaging Streets. A street shall be protected in accordance
with the following:
(1)
Work not specifically regulated by this Part shall be performed
as authorized by the Township.
(2)
Permittee Responsibilities. Permittee responsibilities include
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 office.
(d)
The Township office may authorize the permittee to restore the
pavement or shoulder from superficial surface damage with a seal coat
or surface treatment.
G. Work Zone Traffic Control. Maintenance and protection of traffic
shall be carried out by the permittee under 75 Pa.C.S.A. § 6123
(relating to erection of traffic control devices while working), the
approved traffic control plan and the applicable provisions of Ordinance
203 (relating to work zone traffic control).
H. Streets Under Construction. No permit application will be approved
for occupancy of a section of right-of-way within which a street or
reconstruction project is underway, or if a contract for such a project
has been let, until the project is completed and accepted by the Township,
unless the application is accompanied by an attested certificate signed
by the contractor or other authority constructing the project, consenting
to the proposed work of the applicant within the right-of-way, together
with a waiver, release and quitclaim to the Township of damages and
defenses for delays by reason of that work and occupation of the right-of-way
by the permittee, or from a cause resulting by reason of that work
and occupation. This subsection does not apply:
(1)
To an emergency. In an emergency, the permittee shall procure
the consent of the Township to do the work as deemed necessary to
correct the existing emergency condition.
(2)
If the permittee has been authorized by the Township to relocate
or adjust its facilities simultaneously with street construction.
I. Indemnification. Indemnification of the Township for property and
personal injury will be governed as follows:
(1)
The permittee shall fully indemnify and save harmless and, if
requested, defend the Township, its officers, agents and employees,
of and from liability for damages or injury to persons or property
in a claim or suit seeking to impose liability on the Township, its
officers, agents or employees, arising out of an act or omission of
a contractor, agent, servant, employee or person engaged or employed
in, about or upon the work, by, at the instance of or with the approval
or consent of the permittee, including a failure of the permittee
or a person to comply with the permit or this Part.
(2)
The permittee shall have the Township added as an additional
insured to its or its contractor's insurance policy to secure the
permittee's indemnification of the Township for property damage and
personal injury under this subsection. The coverage of the Township
as an additional insured shall be limited to the acts or omissions
of the permittee or its contractor, as described in Subsection F(2)(a).
The amount of insurance shall be at least $250,000 per person and
at least $1,000,000 per occurrence or other statutory limitations
on damages as the Township Council may establish. The policy shall
be of a duration satisfactory to the Township.
(3)
Upon request, the permittee shall deliver to the Township office
certificates in insurance evidencing that the coverage required under
Subsection F(2)(b) has been obtained. The Township may accept a formalized
plan of self insurance as a substitute for the insurance described
in this subsection.
J. Insurance. The permittee shall obtain, prior to the start of work,
a policy of insurance, issued by an insurer having a certificate of
authority and a licensed agent authorized to transact the business
of insurance in this Township, in accordance with the following conditions:
(1)
The permittee or its contractor shall obtain insurance for public
liability and property damage, in form, amount and duration satisfactory
to the Township to cover a loss that may be incurred for construction,
reconstruction, repair, relocation or installation of the permitted
structure or facilities.
(2)
Upon request, the permittee shall deliver to the Township office
certificates of insurance evidencing that the insurance coverage required
under Subsection F(2)(a) has been obtained. The Township may accept
a formalized plan of self-insurance as a substitute for the insurance
described in this subsection.
(3)
The permittee's obligations to indemnify the Township and obtain
insurance to secure indemnification under Subsection I and its obligation
to restore the streets and obtain a bond relating to restoration under
Subsection M are separate obligations from obtaining insurance for
the purposes required under this subsection. Obtaining insurance under
this subsection does not relieve the permittee of its obligations
under Subsections I and M.
K. Maintaining Structure or Facility. As long as the permittee operates
and leaves in place structures or facilities, in, upon or along the
right-of-way, the permittee shall maintain and keep them in good order
and repair.
L. Damaged Structure or Facility to Be Repaired. If a structure or facility becomes damaged, the permittee shall promptly have it removed, repaired or otherwise made safe. The permittee is responsible for repair or restoration of the portion of the street damaged by a structure or facility. The permittee's obligation to repair or restore the street necessitated by a damaged structure or facility under this subsection is separate from the obligations to restore the street and obtain a bond relating to restoration and maintenance of the street. Compliance with Subsection
M does not relieve the permittee of its obligations under this subsection.
M. Damage to Street. Responsibility of the permittee for restoration
of the street includes the following:
(1)
If there is a failure of the street, including a slope or other
appurtenance thereto, in the area of the permitted work within two
years after the acknowledged completion of the permitted work and
there is no similar failure of the street beyond the area of the permitted
work, the permittee has absolute responsibility to make temporary
and permanent restoration of this area, unless the permittee delivers
clear and convincing evidence to the Township office demonstrating
that the street failure was caused by another person.
(2)
In a situation where the permittee has the responsibility to
restore the street, including a slope or another appurtenance thereto,
under Subsection F(2)(a), the permittee has the duty to restore the
improved area in accordance with the permit. If the permittee fails
to restore the improved area properly, the Township will have the
authority to do the work at the expense of the permittee. The permittee
shall reimburse the Township for the costs plus 10% within 30 days
after receipt of the Township's invoice.
(3)
The obtaining of a bond, other security or an agreement described
in § 109 to secure restoration costs does not relieve the
permittee of the restoration obligations imposed by Subsection F(2)(a)
and (b), nor does it relieve the permittee of its obligations under
Subsections I and J. The obtaining of a bond, other security or an
agreement will not act as a release of the permittee from liability
under principles of tort law with respect to a failure of the street
in the permitted area occurring after the expiration of the bond,
other security or agreement.
N. Future Street Changes. If in the future the street is altered for
public convenience or necessity, the permittee shall, at its own cost
and expense, change or relocate all or a part of the structures or
facilities authorized by the permit which interfere with the street
alterations or which is inconsistent with the purpose of the street
alterations.
O. Acknowledgment by Inspector. Acknowledgment by the inspector of the
Township that all or part of the permitted work has been completed
does not constitute approval or acceptance of the work or agreement
that work was performed in accordance with the permit. Acknowledgment
of completion by the Township will not act as a release of the permittee
or waiver by the Township of its right to seek performance or restitution
from the permittee.
[Ord. 2001-2, 3/12/2000, § 12]
1. Drilling, Boring, Driving or Tunneling Across Improved Area. 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.
(1)
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 office.
(2)
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.
B. 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.
C. 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.
2. 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:
A. The top of every utility facility shall be installed at least three
feet beneath the surface.
B. Trenching across the improved area may be authorized by the permit
where drilling, boring, driving or tunneling are:
(1)
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.
(2)
Not required because of one of the following:
(b)
The Township's wearing course is older than 12 years and the
street average daily traffic (ADT) does not exceed 250.
C. When trenching is authorized by permit, the trenching operation shall
be performed by one of the following methods:
(1)
Utility facility placed in one piece across street.
(a)
Traffic shall be routed over 1/2 of the pavement width.
(b)
The closed half of the pavement shall be opened to the required
depth and bridged with steel plates.
(c)
Traffic shall be shifted to the bridged half of the pavement.
(d)
The remaining half of the pavement shall be opened to the required
depth.
(e)
The facility shall be placed full width.
(f)
The open trench shall be backfilled and restored half-width
in accordance with this section.
(g)
Traffic shall be shifted to the restored half of the pavement.
(h)
The bridging shall be removed and the remaining half of the
trench shall be backfilled and restored in accordance with this section.
(2)
Utility facility placed in more than one piece across street.
(a)
Traffic shall be routed over 1/2 of the pavement width.
(b)
The closed half of the pavement shall be opened to the required
depth, the facility placed and the trench backfilled and restored
in accordance with this section.
(c)
Traffic shall be shifted to the restored half of the pavement.
(d)
The remaining half of the pavement shall be opened to the required
depth, the facility placed and trench backfilled and restored in accordance
with the provisions of this section.
D. The permittee shall protect its openings to provide for the safety
of the traveling public, including motorists, bicyclists and pedestrians.
E. Openings Parallel to the Street. Requirements for openings parallel
to the street are as follows:
(1)
A utility facility shall be placed outside the pavement and
shoulder unless there is no feasible space outside the pavement and
shoulder for placing the facility, in which case occupancy within
the pavement or shoulder may be authorized by the permit.
(2)
The top of a utility facility shall be installed at least three
feet beneath the surface.
(3)
On an unpaved street, the near edge of the opening shall be at least 12 feet from the general center line of the traveled street or as authorized in Subsection
A.
(4)
No opening may be made for more than 200 linear feet at one
time unless authorized by the permit.
F. The permittee shall protect its openings to provide for the safety
of the traveling public, including motorists, bicyclists and pedestrians.
(1)
Daily Stoppage of Work Requirements. Daily stoppage of work
requirements include the following:
(a)
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 street on a particular day and as specified
in the permit.
(b)
At the end of each workday, an opening in the right-of-way shall
be the following:
(i)
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.
(ii) Backfilled to the bottom elevation of the pavement
or base course or to the original surface elevation if outside the
pavement and shoulder and protected under Ordinance 203, (relating
to work zone traffic control) and an approved traffic control plan
until the surface is restored to its former condition.
(iii) Protected under Ordinance 203 and an approved
traffic control plan, if the permittee has delivered certificates
of insurance under § 111, General Conditions.
G. Disposition of Materials. The responsibility of the permittee for
disposition of materials is as follows:
(1)
The permittee shall keep the improved area free of material
which may be deposited by vehicles traveling upon or entering onto
the street during the performance of work authorized by the permit.
(2)
The permittee is responsible for controlling dust conditions
created by its own operations.
(3)
Excess material and material that is not suitable for backfill
shall be promptly removed and properly disposed of outside the right-of-way
as the work progresses.
(4)
Other material shall be stored under § 111 (relating
to general requirements) and so that there will be no interference
with the flow of street progresses.
(5)
The permittee is not authorized to close a portion of the pavement
or shoulder to traffic for the primary purpose of storing material.
If the permittee stores material on the pavement or shoulder, the
permittee thereby acknowledges its obligation and commitment to repair
or reconstruct the pavement and shoulder, if damaged, to its former
condition, in a manner authorized by the Township. Delivered material
may not be stored overnight on the pavement.
(6)
The Township may authorize the permittee to restore the pavement
or shoulder from superficial damage with a seal coat or surface treatment.
H. Backfilling. An opening shall be backfilled by the permittee in accordance
with the following:
(1)
The opening may first be backfilled with fine aggregate material,
meeting the requirements of § 703.1 of Publication 408,
or granular material to protect the facility, placed to a height not
to exceed one foot over the top of the facility, if the material is
compacted in not more than four-inch loose layers. To protect the
facility, the permittee is to place a permanent colored ribbon at
least one foot above its facility.
(2)
The opening shall then be backfilled with select granular material
or other coarse aggregate material meeting the requirements of § 703.2
of Publication 408, as specified in the permit. Select granular material
or other aggregate material will be required for use as backfill of
openings in pavements, paved shoulders and improved (for example,
oil and chip) shoulders within four feet of the edge of pavement.
(3)
Backfill shall be compacted as follows:
(a)
General Rule. Except as provided in Subsection
H(3)(b), backfill material shall be placed in loose layers not to exceed eight inches if vibratory compaction equipment is used or as authorized under Publication 408. Each layer shall be thoroughly compacted to preclude subsidence, under § 601.3(e) of Publication 408.
(b)
Compaction Outside Pavement and Shoulders. At least 15 days
prior to the start of work, the applicant may submit its written compaction
plan to the Township requesting backfill in an opening outside the
pavement and shoulder to be placed in layers thicker than eight inches
prior to compaction. The compaction plan shall include full details
on equipment, materials and work methods as well as the permittee's
acknowledgment of its obligation and commitment to regularly monitor
the restored surface until two years after the acknowledged completion
of the permitted work and to promptly correct failure or subsidence
of the street. The Township may condition its approval of a compaction
plan on the execution of a bond under § 109, Issuance of
Permits, if a part of the opening is within the improved area.
(c)
Existing pavement elevation. Compaction shall be completed to
the bottom elevation of the existing pavement.
(4)
The Township may require the permittee to have material proposed
for the use as backfill and compacted material tested, at the expense
of the permittee, for conformance to the applicable gradation and
compaction requirements of Publication 408.
(5)
Test holes shall be backfilled, as soon as safely possible,
with existing type material or other material authorized by the Township
and sealed. The Township may authorize test holes in the pavement
or shoulder to be restored without a one-foot cutback of the surrounding.
I. Restoration of Flexible Base Pavements. Base and surface restoration
of flexible base pavements shall be performed under this subsection
and as specified in the permit. Prior to replacement of the base course,
one foot outside of each edge of the opening shall be sawed, in a
neat straight line, to the top elevation of the existing aggregate
subbase or stone base course and the detached material shall be removed.
Other surface opening methods such as cutting may be authorized if
the methods result in the opening pavement having a neat straight
vertical line.
(1)
Exposed vertical and horizontal surfaces shall be prepared under
§ 401.3 of Publication 408.
(2)
The base course shall consist of a binder course and shall consist
of ID-2 material meeting the requirements of § 421 of Publication
408. The base course material shall have a minimum depth of six inches
or a depth equal to the existing base course, whichever is greater.
(3)
The wearing course shall consist of ID-2 material meeting the
requirements of § 420 of Publication 408 or FJ-1 material
meeting the requirements of § 422 of Publication 408. The
wearing course shall have a minimum depth of 2 1/2 inches or
a depth equal to the existing wearing course, whichever is greater.
J. Restoration of Plain or Reinforced Cement Concrete Pavements. Base
and surface restoration of plain or reinforced cement concrete pavements
shall be performed under this subsection and as specified in the permit.
Drilling is not permitted where sawing or cutting is required.
(1)
Prior to replacement of the pavement, one foot outside of each
of the opening shall be sawed the full depth of the pavement in a
neat straight line. The detached material shall be removed without
damaging the adjacent pavement. The use of a pavement breaker is prohibited.
The permittee may partially saw cut the pavement to a depth of at
least four inches and cut the remaining pavement with a jackhammer
weighing no more than 90 pounds if:
(a)
The restored opening does not exceed six feet in either length
or width.
(b)
The restored opening is at least two feet from a pavement edge
or joint.
(c)
The street average daily traffic (ADT) does not exceed 700.
(2)
The replacement pavement shall consist of high early strength
concrete equal in depth to the original concrete pavement or to a
depth of eight inches, whichever is greater.
(3)
On existing reinforced cement concrete pavements that are opened
for more than six feet in either length or width, reinforcing steel,
expansion tie bolts.
(4)
The permittee may be required to restore the structural integrity
of damaged cement concrete pavement by:
(a)
Replacing the opened pavement transversely the full lane width.
(b)
Replacing the opened pavement longitudinally to a transverse
joint or opening within six linear feet of the opening.
(5)
The surface shall be restored as follows:
(a)
After surface connections have been completed and before the
concrete becomes nonplastic, the surface shall be given a textured
finish that matches the existing adjacent surface. The surface shall
be cured under § 501.3 of Publication 408.
(b)
Restoration of the binder and wearing courses of a cement concrete pavement which has a bituminous surface shall be done under Subsection
I, Restoration of Flexible Base Pavements.
K. Shoulder Restoration. Shoulder restoration shall be performed under
this subsection and as specified in the permit.
(1)
Paved Shoulders. Paved shoulders shall be reconstructed and
restored to a serviceable condition, of the same type as existed before
the start of work, under §§ 651, 653, 654, 656, 657
and 658 of Publication 408.
(2)
Other Shoulders. Other shoulders shall be restored as follows:
(a)
The surface shall be restored with at least four inches of select
granular material or as authorized by the Township.
(b)
If the length of the open shoulder exceeds 100 linear feet,
the shoulder shall be graded, rolled and unless excused, penetrated
with bituminous material at a rate of 0.35 gallon per square yard
and chipped to prevent tracking of oil onto the pavement.
(3)
Outside Existing Shoulder. If the distributed area extends outside
the existing shoulder, the disturbed area outside the restored shoulder
shall be properly graded and a ditch line shall be constructed wherever
necessary to maintain street drainage.
L. Temporary Pavement Restoration. Temporary restoration of a pavement
or paved shoulder may be required by the Township prior to permanent
restoration, under the following:
(1)
The base shall consist of compacted select granular material
with a surface of three-inch bituminous material. If the existing
pavement structure includes a course of subbase material, it shall
be replaced to a depth equal to the existing course depth with material
meeting the requirements of § 350.2 of Publication 408.
(2)
Temporary pavement restoration shall be completed before traffic
is allowed to travel on the disturbed area. The temporary pavement
may be kept in place for up to four months or as specified in the
permit, it must be properly maintained.
M. Appurtenances to Underground Installations. Requirements relating
to appurtenances to underground installations shall include:
(1)
The top of every manhole, valve box or other access to the facility
shall be at the same elevation as the surface in which it is located.
(2)
The surface surrounding manhole covers located in paved shoulders
shall be paved with six inches bituminous concrete base course a distance
of at least three feet around the structure.
(3)
A manhole including those cast in place, shall be constructed
in compliance with current industry standards and § 713.2
of Publication 408.
N. Additional Restoration. Additional restoration shall be required
as follows:
(1)
Disturbed portions of the street, including but not limited
to slopes and appurtenances and structures such as guide rails, curbs,
signs, markings, drain pipes, driveway and vegetation, shall be restored
by the permittee to a condition at least equal to that which existed
before the start of work authorized by the permit. Additional restoration
may also be required, upon written notification, to restore the structural
integrity of the pavement or shoulder.
(2)
If the permittee opens pavement having a bituminous concrete
surface and the Township's wearing course is less than 10 years old,
the permittee shall, in addition to the restoration conditions outlined
in the permit and this section, 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 permittee shall overlay the traffic
lanes in which the opening was made, for the entire length of the
street 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 the pavement, the permittee shall overlay traffic lanes
in which the openings were made, for the entire length of the street
between the openings, in a manner authorized by the Township.
(c)
When three or more openings have been made by the same permittee
within 100 feet of the pavement, the permittee shall overlay traffic
lanes in which the openings were made, for the entire length of the
street between the openings, in a manner authorized by the Township.
(d)
If disturbed lanes adjacent to undisturbed lanes are overlayed,
the edge of the distributed lane shall be saw-cut or milled to a depth
of two 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 streets instead of saw cutting or milling the disturbed
lane.
(e)
If disturbed lanes adjacent to shoulders are overlayed, 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)
Regardless of the age of the wearing course:
(a)
If more than 100 linear feet of longitudinal or transverse openings,
or both, are made in the pavement, the Township may require the permittee
to overlay traffic lanes in which the openings were made, for the
entire length of the street that was opened, if the Township determines
that the ride ability or structural integrity of the pavement has
been impaired by the openings.
(b)
If three or more openings are made by the same permittee within
100 linear feet of pavement, the Township may require the permittee
to restore the entire disturbed pavement between the openings by milling,
planning or other authorized method and overlaying the entire disturbed
pavement.
(4)
If an opening is made in a bituminous concrete pavement within
two feet from edge of pavement or other longitudinal joint or opening,
the surface restoration shall be extended to the edge of the pavement
or other longitudinal joint or opening.
O. Sealing. Restored openings in the pavement or paved shoulder shall
be sealed under § 401.3 of Publication 408 in the case of
bituminous concrete or § 501.3 of Publication 408 in the
case of cement concrete.
[Ord. 2001-2, 3/12/2000, § 13]
1. General Rule. A permit will not be issued to install above ground
facilities at a location which the Township determines to have a high
accident potential.
A. Location of Above Facilities. The location of an aboveground facility
shall be:
(1)
New poles and other above ground facilities shall be installed
outside the street clear zone as near the right-of-way line as practicable.
(2)
Replacement of poles and other above ground facilities shall
comply with the permit and applicable provisions of this Part.
B. Location of Wires, Cables or Conductors. A wire, cable or conductor
which overhangs a portion of the right-of-way shall be placed to provide
a minimum vertical clearance of 18 feet over the pavement and shoulder,
except where the National Electrical Safety Code requires vertical
clearances in excess of 18 feet due to voltage or span lengths.
C. Guys. A guy shall be placed and insulated in the following manner:
(1)
A guy shall be placed to avoid interference with vehicular or
pedestrian traffic.
(2)
A guy shall be insulated or grounded in compliance with the
National Electrical Safety Code.
D. Identification of poles. A pole shall bear the name or initials of
the facility owner and the pole numbers assigned by the facility owner.
[Ord. 2001-2, 3/12/2000, § 14]
1. General Rule. Violation of this Part or the permit requirements constitutes
grounds for imposition of the following sanctions and/or penalties
which are in addition to and not in limitation of the penalties and/or
sanctions provided in § 111 above.
A. Upon receipt of oral or written notice of violations from the authorized
representative of the Township or a police officer whose jurisdiction
includes the permitted work area, the permittee shall cease to perform
any further work in the permitted area except to restore the area
to a safe condition. No further work may commence in the permitted
area until the violations have been remedied. Where the permittee
has received oral notice of the violations, written notice shall be
sent to the permittee within 10 days of receipt of the oral notice.
B. Confiscation of the applicant's permit or emergency permit card by
any police officer or authorized representative of the Township.
C. Revocation of applicant's permit or emergency permit card by the
Township.
D. Removal of facilities installed without a permit or in violation
of the provisions of this Part.
E. Any person, firm, permittee or corporation who shall violate any
provision of this Part shall, upon conviction thereof, be sentenced
to pay a fine of $600 per day per violation and, in default of payment,
to imprisonment for a term not to exceed 60 days.
F. The Township may revoke a permit for nonpayment of a fee or fees
authorized in § 108 (relating to permit fees), including
default of a check submitted for payment.
[Ord. 2001-2, 3/12/2000, § 15]
1. General Rule. When a term or condition of this Part cannot be met,
an applicant may request, in writing, that this Township modify that
term or condition if it is not to be required by law, under the following:
A. The applicant has done all that can reasonably be done to comply
with the term or condition.
B. The proposed modification satisfies the intent of the term or condition
to be modified.
C. The proposed modification represents the minimum feasible deviation
from the term or condition to be modified.
D. The reason for the requested modification is infeasibility of meeting
the exact terms or conditions of this Part rather than mere economic
benefit to the applicant.
2. Modification Granted. If a requested modification is granted, the
permit will specify the allowable modification. A permit issued under
authority of this section shall only be signed by the Township's Chairman
or Vice Chairman.
3. Any term or condition of this Part, as pertains to specific performance
requirements and/or specification, may be modified by resolution of
the Board of Supervisors.