[Ord. 03-13, 12/11/2003, § 1; as amended by Ord. No. 23-02, 10/12/2023]
It shall be unlawful for any person, firm, partnership, corporation,
authority, or other entity to make any opening or cut in any public
street right-of-way or excavation in, for, or under any street, alley
or thoroughfare or to develop, construct or install any utility, sewer,
water or gas lines in the streets of or within the limits of said
Township of Susquehanna unless and until a permit therefor be secured
from the Township Secretary for each separate undertaking. Such permit
and the application therefor shall be in the form prescribed by said
Secretary and for the purpose enumerated therein and shall contain
the further statement that the applicant agrees to the terms of this
Part and that the same be accompanied by a bond or security in a form
acceptable to the Township Secretary and payable to the Township of
Susquehanna as set forth hereinafter. Permits herein required include
a permit to open sanitary sewers or to make an excavation in connection
therewith or for any cut or opening in any public street or way. The
police officers, Code Enforcement Officer, or Secretary of the Township
shall promptly prohibit any work being done without proper permit
or contrary to the terms hereof.
[Ord. 03-13, 12/11/2003, § 1; as amended by Ord. No. 23-02, 10/12/2023]
1.
The application for the permit shall specify the location of the
opening or excavation, anticipated date and time frame of work, together
with the exact length, width and depth thereof. A plot plan or diagram
showing the specifics of the project shall accompany every application,
along with any additional information that might be requested by the
Township. Permit fees shall be established by resolution by the Board
of Commissioners. Proof of liability insurance shall be submitted
with the permit application. Fees shall be paid in accordance with
the current Township Fee Schedule.
2.
Emergency repairs involving the placing of facilities or the opening
up of the surface within the right-of-way may be performed prior to
obtaining a permit providing the following procedures are adhered
to:
A.
An authorized representative shall promptly notify the Township office
via written notice when the necessity of an emergency repair occurs
during the hours from 8:30 a.m. through 5:00 p.m., Monday through
Friday. Emergency work occurring at other times should be reported
to the Township within 24 hours.
B.
Prior to opening the surface of the roadway, or working within the
right-of-way, an authorized representative shall provide the following
information in written notice sent to the Township:
[Ord. 03-13, 12/11/2003, § 1]
The charge for said permit for the erection or replacement of
utility poles, whether within the cartway or with the area of dedication
of any street, alley or thoroughfare, shall be as established by resolution
of the Board of Commissioners in every permit issued hereunder.
[Ord. 03-13, 12/11/2003, § 1]
It shall be the duty of any person or persons, firms, partnerships,
corporations, authority or other entity to whom a permit is issued
or by whom any opening or excavation is made as aforesaid to provide
and maintain proper and adequate guards, barriers and lights to prevent
accidents, and they shall assume all risks and be liable for all damages
by reason of the openings and excavations and by reason of any failure
to properly fill the hole or trench and maintain the disturbed surface
in a safe condition.
[Ord. 03-13, 12/11/2003, § 1; as amended by Ord.
06-07, 4/20/2006; by Ord. 08-01, 1/10/2008; by Ord. No. 23-02, 10/12/2023]
1.
It shall be the duty of any persons, firms, partnerships, corporations,
authority or any other entity causing an opening or excavation to
be made in streets in the Township to remove the existing material
and fill the excavation compacted in eight-inch layers. With regard
to fill, materials used, wearing and finish courses, asphalt, surfacing,
and sealants or other work, all applications shall be made without
ridges and/or depressions and shall be maintained in at least as good
condition as it was prior to excavation for a period of at least two
years. Edge shall be sealed with two applications of material to then-current
standards or specifications of the Pennsylvania Department of Transportation
as to materials to be used or, if no such standards exist, then other
applicable standards as adopted by the Township. To assure compliance
with this provision, the person, firm, partnership, corporation, authority
or other entity obtaining a permit shall advise the Township, in writing,
within adequate time prior to the time at which work is to be performed,
to allow the Township to inspect or supervise the same. No cut or
opening may be closed until the Township has inspected the same and
approved the closure.
2.
The following standards shall apply to the resurfacing of all streets,
following any excavation or cut:
A.
In the event that more than 25% of the public street or way from
curb to curb is cut or disturbed, the Public Works Director shall
require that the entire street or way be resurfaced from side to side
for a length or distance of up to the next manhole in each direction
or up to a maximum of 400 feet of street or way beyond the disturbance
or cut.
B.
When a longitudinal opening longer than 100 linear feet has been
made in the pavement, the permittee shall mill and overlay the lane
in which the opening was made for the entire length of roadway that
was opened, in a manner authorized by the Public Works Director.
C.
When two or more transverse openings have been made in the roadway
within 100 linear feet of each other, the permittee shall mill and
overlay lanes in which the openings were made for the entire length
of roadway between the openings, in a manner authorized by the Public
Works Director.
D.
When two or more emergency openings have been made by the same permittee
within 50 linear feet of roadway, the permittee shall mill and overlay
lanes in which the openings were made for the entire length of roadway
between the openings, in a manner authorized by the Public Works Director.
E.
If more than 50 linear feet of longitudinal or transverse openings,
or both, are made in the roadway, the Public Works Director may require
the permittee to mill and overlay lanes in which the openings were
made for the entire length of roadway that was opened, if the Township
determines that the rideability or structural integrity of the roadway
has been impaired by the openings.
F.
If four or more openings are made by the same permittee within 100
linear feet of roadway, the Public Works Director may require the
permittee to restore the entire disturbed roadway between the openings
by milling, planing or other authorized method and overlaying the
entire disturbed roadway.
3.
All streets following cut and restoration shall comply with the requirements of § 22-603, Subsection 6, of Chapter 22 of the Codified Ordinances of the Township of Susquehanna. If a cut or other permit has been closed, the person, firm, partnership, corporation, authority or other entity cutting or opening the street and obtaining a permit hereunder remains responsible for all maintenance until final inspection of the closed cut and, in addition, a two-year maintenance bond will be required by the Township after closure. No final acceptance of a restored cut or opening in the street shall be approved unless the street so cut is mud-free, restored to its proper condition and any walkways, curbs, gutters, streetlights, fire hydrants, shade trees, water mains, sanitary sewers, storm sewers and other improvements or items affected by the cut have been restored as required by the Township.
4.
As part of the applicant's permit, the applicant shall delineate
the location at which any construction equipment, material or job
trailer shall be placed and whether on public or private lands, if
not controlled by the applicant, the applicant shall document written
permission for use of the same from the owner thereof. Further, the
applicant shall delineate the duration during which construction equipment,
material or trailer shall be at the site specified and, in the event
that the duration set forth is exceeded, an amendment shall be required
to the application. It shall be the duty of the applicant to properly
maintain the area on which any equipment, material or trailer is stored
or placed in compliance with all applicable ordinances, statutes and
codes and so as not to be a nuisance to the public or interfere with
any rights of public access and so as to avoid the same being an eyesore.
Unless the applicant documents a written agreement from the owner
of any lands on which equipment, material or a trailer is placed to
the contrary, the applicant must, in each case, as part of their bonded
work, restore the area on which any equipment, material or trailer
has been placed or stored to its pre-storage condition.
5.
All drilling, cutting, or repairing on any surfaced or finished public
street or way in the Township shall be by directional drilling technique
approved by the Township. Missile drilling or impact drilling which
may cause pressure, expansion, or bulging in areas adjacent to the
drilling on a public street or way is prohibited.
6.
Except in emergency situations, no opening or excavation requiring
a permit under the Codified Ordinances of the Township shall be commenced
except at a time during the year when the same may be restored and
resurfaced in full within 30 days of commencement of work, and such
restoration, including resurfacing, shall be completed within 30 days
of commencement of work. Because final resurfacing cannot be done
in the coldest of winter months, except in emergency conditions, no
permit shall be issued for regularly scheduled work which shall commence
after November 1 through March 1 of each calendar year.
7.
Repaving and Reconstruction. Upon notification from the Director
of Public Works of a planned street resurfacing or reconstruction,
all utilities will be required to test their lines and services and
to schedule necessary capital improvements and service connections
prior to resurfacing or reconstruction. Thereafter, cuts will be permitted
in the new pavement only in an emergency. Pave cuts made in new pavement
shall be subject to a penalty. Open cutting of all pavements on streets
is prohibited unless a utility is connecting to a line that is under
the pavement or unless subsurface conditions prevent boring with casing.
Essential services for new building construction shall be permitted.
Essential services should not include the addition of an alternate
or secondary source of fuel, water, heat or other service. Pavement
shall be considered new for a period of two years from the date of
placement.
8.
Preparation of Streets for Paving, Repair or Construction. This Part
provides for the laying, renewing, and repairing of all electrical,
gas, water, sewer, steam, telephone, cable television, or other pipes
or conduits, in any street, before the paving or repaving of the same,
and for making the necessary house connections with said pipes, and
also for the necessary house connections and branches with and leading
into main or lateral sewers; providing, that in no case, except as
a sanitary measure for which the Board of Commissioners shall be the
judge, shall the Commissioners require such house connections to be
extended further from such sewers, gas, water or other pipes or conduits,
then the inner line of the curbstone of such street. The Board of
Commissioners may, after notice to all companies, corporations, persons,
and owners affected, and in default of compliance therewith, cause
said pipes to be laid, renewed, or repaired and said connections made,
and collect the cost of paving and repairing all pipes and pipe connections,
from the companies, corporations, or persons owning or operating the
said gas, water, and other pipes or conduits, with interest; and the
cost of the sewer connections shall be a lien against the land for
whose benefit such connections are made. A separate lien may be filed
therefor, or such sewer connection cost may be included in any lien
filed for the cost of such street improvement, and the lien and the
proceedings thereon shall be as in the case of other municipal liens.
9.
Determination of Lines and Grades. The Township Engineer shall have
the final decision for the determination of lines and grades for street
construction. This decision shall be based on good engineering practice
and municipal standards.
10.
Utility Corridor; Vertical Assignments for New Street Construction.
The following for pipes and conduits are assigned to the utilities
operating under this Part:
A.
Gas lines shall be a minimum of 30 inches below subgrade.
B.
Water and sewer lines shall be a minimum of 48 inches below subgrade.
C.
Electric lines and conduits shall be a minimum of 36 inches below
subgrade.
D.
Telecommunication lines and cable television lines and conduits shall
be a minimum of 24 inches below subgrade, for main lines and a minimum
of four inches for service lines.
11.
Horizontal and Aerial Utility Corridors. Aerial installations of
electric power transmissions, telecommunications, and cable television
lines suspended from supporting poles having their base and/or support
wires within the public right-of-way and interfering with a roadway
construction, reconstruction, or repair project shall be relocated
upon written order from the Director of Public Works to a point specified
therein. The Township may require the utility to place its aerial
facilities underground where it is deemed necessary or desirable.
Hereafter, aerial installations shall be placed subject to approval
by the Township. The Township shall assign horizontal corridors on
a case-by-case basis for all new construction. All gate boxes, shut-off
valves, and other regulating devices underground for individual customers
for gas, water, sewer, steam, electric and telecommunications and
cable television lines shall be located outside the right-of-way.
12.
Determination of Reimbursement. The Township may participate in the
actual costs less betterments of utility relocation when the utility
owns an existing utility right-of-way and interferes with a municipal
construction project.
13.
Commencement of Utility Relocation Activities. Upon receipt of a
letter from the Township authorizing the start of physical work, the
utility shall commence work within 30 days unless otherwise stated
by the Township with reasonable cause shown in order to clear the
construction area. The utility shall perform the relocation work in
accordance with the construction plan approved by the Township. The
utility shall accomplish utility relocation to ensure its completion
prior to the commencement of roadway construction. Areas of utility
relocation of work that cannot be accomplished prior to the start
of construction but can be accomplished simultaneously without restricting
the roadway project contractor may be done concurrently with the contractor's
operations when approved by the Township. It is acknowledged that
field conditions occasionally necessitate revision of the utility
relocation plan. It shall be the responsibility of the utility to
report and justify such revisions to correct any data on file with
the Township. Minor modifications of the relocation plan may be brought
to the attention of the project engineer and shall be noted in the
daily inspection report.
[Ord. 03-13, 12/11/2003, § 1]
Prior to obtaining a permit, the applicant therefor shall deposit with the Township financial security or bond in the amount determined by the Township Engineer sufficient to cover the cost of restoration of all curb cuts and all streets, thoroughfare ways, cuts or openings and other costs of improvements or restoration of any property disturbed. The amount of the financial security to be posted shall be equal to 120% of the cost of completion of work and restoration as of six months following the date scheduled for completion of the project. To be approved, acceptable bonds must be in the manner required and shall be maintained and reduced in the same manner as set forth in § 22-406 of Chapter 22 of the Codified Ordinances of the Township of Susquehanna.
[Ord. No. 23-02, 10/12/2023]
1.
The Director of Public Works or their designee, shall be responsible
for inspection of the work. The following inspections shall be required
during the construction process:
2.
The Township and/or its duly authorized representatives shall have
access to the work at all times, and the permittee shall provide proper
facilities for such access.
3.
A seventy-two-hour notice shall be given to the Township when an
inspection is requested by the permittee. No inspections shall be
scheduled to occur after 2:30 p.m.
4.
The presence of Township employees or agents shall in no way relieve
the permittee of the responsibilities included under the permit or
this Part or be of any warrant for the furnishing of bad materials
or workmanship.
5.
Fees for inspections shall be established by resolution by the Board
of Commissioners.
[Ord. No. 23-02, 10/12/2023]
1.
The applicant shall notify the Township 24 hours in advance of starting
work, upon completion of temporary restoration, and upon completion
of permanent restoration. For any type of pipeline replacement/installation,
the applicant shall notify the Township 48 hours in advance of the
start of construction or of the resumption of construction if discontinued
for more than five working days.
2.
Prior to the start of work and continuously throughout construction
and right-of-way and workspace restoration, the applicant shall designate
a field representative responsible for overseeing compliance with
the conditions of this permit. This person shall be accessible by
telephone during normal business hours. This person's phone number
and emergency phone number shall be provided to the Township. When
determined appropriate by the Director of Public Works, the applicant
shall provide written notice to all landowners within 200 feet of
the work area of the work to be done, including the project's
time frame, limits of work, the name, telephone number, and e-mail
address of the field representative, and any other issues that may
impact those landowners. This notice shall be provided to those landowners
at least seven days before work is to begin. The Township shall receive
a copy of the notice sent to the landowners.
3.
Notice to Police/Fire Departments. If, in the opinion of the Public Works Director, the work to be undertaken is such that it will prohibit or restrict the flow of traffic on any roadway within the Township, the permittee shall give the same written notice listed in Subsection 2 to the Police and Fire Departments of the Township. The permittee shall provide proof of such notification to the Township prior to the start of such work.
[Ord. No. 23-02, 10/12/2023]
1.
Traffic flow shall be maintained at all times.
2.
Road closings shall be considered only under extremely difficult
conditions and on a case-by-case basis, as determined by the Public
Works Director.
3.
Flaggers shall be used when traffic is reduced to one lane, with
a one-minute maximum delay in any one direction.
4.
In all cases, the proper work zone signing in accordance with PennDOT
Publication 213 shall be installed and maintained by the applicant
or his agent(s).
5.
A Township road shall not be closed by any group, except the Township
or any municipal authority created thereof, without first obtaining
the required Township permit.
6.
A Township road shall not be closed without first submitting a detour
plan in accordance with PennDOT Publication 213 and obtaining approval
from the Township Engineer.
7.
All work zone traffic control devices per PennDOT Publication 213
must be in place prior to the closure of a Township road.
8.
All detour signs shall be maintained in proper condition at all times.
9.
Advance notice of a minimum of 48 hours must be provided to the Township
prior to the road closure.
10.
A traffic control plan shall be submitted to the Township.
11.
In the case of emergencies, the above requirements may be deferred
by the Director of Public Works. However, all requirements shall be
met on the following day.
12.
Notice shall be given to the Dauphin County nonemergency dispatch.
[Ord. 03-13, 12/11/2003, § 1[1]]
1.
If the work in opening or in filling or closing or maintaining the
surface shall not be promptly or shall be unskillfully or improperly
or incompletely done, the Township Engineer, or any other designated
by the Board of Commissioners, may cause the same to be done in the
manner they deem proper; and the expense thereof, including any overhead
expense, shall be charged to the person, firm, partnership, corporation,
authority or other entity by whom the opening or excavation was made
together with 25% additional as a penalty.
2.
No permit shall be issued to any person, firm, partnership, corporation,
authority or other entity in default for any other work regulated
under this section until the costs and penalty herein provided are
paid, and no further permit shall be granted to any person, firm,
partnership, corporation, authority or other entity unless and until
the openings and excavations already caused by him, her or it have
been properly filled and the surface maintained as aforesaid, in a
safe condition and at the proper grade, of which the said Engineer,
or other person designated, shall be the judge.
[Ord. 03-13, 12/11/2003, § 1[1]]
Curb and sidewalks shall only be removed in sections extending
from expansion joint to expansion joint. Replacement shall be according
to Township specifications.
[Ord. No. 23-02, 10/12/2023]
The permission herein granted does not confer upon the permittee
or its contractors the right to cut, remove or destroy trees or shrubbery
within the legal right-of-way except under specifications, regulations
and conditions as the Township may prescribe.
[Ord. No. 23-02, 10/12/2023]
The permittee shall at all times and at his or its own expense
preserve and protect from injury any adjoining property by providing
proper foundations and taking other measures suitable for the purpose.
Where, in the protection of such property, it is necessary to enter
upon private property for the purpose of taking appropriate protecting
measures, the permittee shall obtain a license from the owner of such
private property for such purpose, and if he cannot obtain a license
from such owner, the administrative authority may authorize him to
enter the private premises solely for the purpose of making the property
safe. The permittee shall, at his own expense, shore up and protect
all buildings, walls, fences or other property likely to be damaged
during the progress of the excavation work and shall be responsible
for all damage to public or private property or highways resulting
from his failure to protect and carry out said work. Whenever it may
be necessary for the permittee to trench through any lawn area, the
sod shall be carefully cut and rolled and replaced after ditches have
been backfilled, as required in this Part. All construction and maintenance
work shall be done in a manner calculated to leave the lawn area clean
of earth and debris and in a condition as nearly as possible to that
which existed before such work began.
[Ord. 03-13, 12/11/2003, § 1; as amended by Ord. No. 23-02, 10/12/2023]
1.
Whoever shall violate any of the provisions of this Part shall, upon
conviction thereof, be sentenced to pay a fine of not more than $1,000
and, in default of the payment of the said fine, to undergo imprisonment
not to exceed 30 days.
2.
Each day that a violation of this Part continues shall constitute
a separate offense.
3.
The Township reserves the right to bar any contractor or his employee
whose work is found in noncompliance with this Part from working within
the Township limits. The Township reserves the right to refuse issuance
of a permit to any applicant who fails to maintain work within the
right-of-way in accordance with this Part, or who fails to pay sums
due the Township within 30 days from the date of billing. The Township
reserves the right to refuse issuance of a permit to cut new pavement.
[Ord. No. 23-02, 10/12/2023]
It shall be the responsibility of the Public Works Director
or their designee for the enforcement of this Part.
