Township of Coolbaugh, PA Chapter 350 Streets and Sidewalks

[HISTORY: Adopted by the Board of Supervisors of the Township of Coolbaugh as indicated in article histories. Amendments noted where applicable.]

GENERAL REFERENCES

Addressing — See Ch. 105.

Driveways — See Ch. 177.

Subdivision and land development — See Ch. 355.

Article I Road Opening and Occupancy

[Adopted 1-16-1984 by Ord. No. 58 (Ch. 21, Part 1, of the 1999 Code of Ordinances)]

§ 350-1 General provisions.

A. Title. An ordinance completely amending the Road Opening and Cutting Regulations of the Township of Coolbaugh as enacted on September 1, 1980, all subsequent amendments thereto, and establishing rules, regulations and standards governing the location, installation and construction of utility facilities and other structures within Township road rights-of-way in the Township of Coolbaugh, County of Monroe and State of Pennsylvania, and setting forth procedures to be followed by all utilities and other applicants and by the Coolbaugh Township Board of Supervisors in applying, administering and amending these rules, regulations and standards.

B. Short title. This article shall be known and may be cited as follows: "The Coolbaugh Township Road Opening and Occupancy Regulations."

C. Application. Except as hereinafter provided, no water pipe, sewer pipe, gas pipe, electric conduits, telephone conduits, other piping, other wiring, culverts or other utilities may be laid upon or in, nor shall any telephone, telegraph, television or electric light or power poles or any other obstructions be erected upon and no openings shall be made in the surface of any Township road right-of-way except in complete compliance and conformity with the provisions of this article.

D. Statement of findings. After just and due consideration of their experience with the unsupervised and often careless placement and installation of utility facilities and other structures upon and in Township roads and streets the Board of Supervisors find that it is in the public interest to regulate the location and construction of utility facilities and other structures within Township road rights-of-way for the purpose of security, economy of maintenance, preservation of proper drainage and existing roadway surfaces and safe and convenient passage of traffic.

E. Declaration of purpose. This article is hereby adopted to guide and regulate the placement and installation of all utility facilities and other structures and to control all openings in or on the surface of any Township road or street and further requires that permits be obtained prior to any construction or other activity except as provided elsewhere in this article and included provisions for the following:

(1) Provisions for the submittal and processing of permit applications and location drawings.

(2) Specification for such location drawings.

(3) Provisions for governing the placement of utility facilities and other structures relative to existing and future road surfaces and drainage.

(4) Provisions establishing standards for the placement, installation and maintenance of utility facilities and other structures within Township road rights-of-way.

(5) Provisions for guaranteeing proper restoration and protection of Township roadways.

(6) Provisions for the administration of this article by the Coolbaugh Township Board of Supervisors.

F. Compliance and incorporation. There is hereby adopted and incorporated in full as if set out at length herein and which, together with the provisions of this article, shall constitute the Coolbaugh Township Road Opening and Occupancy Regulations, and the combined provisions thereof shall be complied with for the placement and installation of utility facilities and other structures within any Township road right-of-way all laws, rules and regulations including, but not limited to, the following:

(1) 62 Pa.C.S.A. § 3301 et seq., concerning environmental control measures related to pollution and the preservation of public natural resources.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

(2) Act No. 287, approved December 10, 1974 (P.L. 852) (73 P.S. § 176 et seq.), concerning protection of the public health and safety by preventing excavation or demolition work from damaging underground utility facilities.

(3) OSHA construction safety and health regulations, 39 F.R. 22801, June 24, 1974 as published in the Federal Register (29 CFR 1926.1 et seq.).

(4) 53 P.S. § 67322 in Article XXIII of the Second Class Township Code.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

G. Disclaimer of liability.

(1) The regulations for the placement, installation and maintenance of utility facilities and other structures stated in this article is considered reasonable for regulatory purposes and is based upon previous scientific study and experience by the Pennsylvania Department of Transportation and by Coolbaugh Township.

(2) This article shall not create liability on the part of Coolbaugh Township or any officer or employee thereof for damages that result from reliance on this article, any amendment thereto or any administration decision lawfully made thereunder.

§ 350-2 Word usage; definitions.

A. Tense, gender and number. Words in the present tense include the future tense; words used in the masculine gender include the feminine and the neuter; words in the singular include the plural and those in the plural include the singular.

B. General terms. Unless otherwise expressly stated, the following terms shall, for the purpose of this article, have the meaning indicated below;

(1) List of terms. The general terms are as follows:

(a) The words "person," "applicant" and "owner" includes a corporation, unincorporated association and a partnership or other legal entity, as well as an individual, utility or authority.

(b) The word "street" includes thoroughfare, avenue, boulevard, court, expressway, highway, lane, arterial and road.

(c) The word "structure" includes any object placed upon or under the surface of a Township road right-of-way and shall be construed as if followed by the phrase "or part thereof."

(d) The word "watercourse" includes channel, creek, ditch, drain, dry run, river, spring and stream.

(e) The words "should" and "may" are permissive.

(f) The words "shall" and "will" are mandatory and directive.

C. Terms or words not defined. Where terms or words are not defined, they shall have their ordinarily accepted meanings or such as the context may imply.

D. Specific terms. Terms or words used herein, unless otherwise expressly stated, shall have the following meanings:

ADJACENT

A state of being side by side, next to, adjoining, contiguous or abutting.

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.

AGGREGATE, DENSE GRADED

A well graded aggregate, so proportioned as to contain a relatively small percentage of voids.

BACKFILL

Material used to replace or the act of replacing material removed during construction.

BASE, BASE COURSE

A layer or layers of specified or selected material of planned thickness placed and compacted on a subgrade or subbase to support a surface course.

BENCH MARK

A definite point of known elevation and location used for determining the elevation of other points.

BITUMINOUS CONCRETE

A designed combination of dense graded mineral aggregate, filler and bituminous cement, mixed in a central plant and laid and compacted while hot.

BITUMINOUS MATERIAL

Asphalt or tar.

BOARD OF SUPERVISORS

The Board of Supervisors of Coolbaugh Township, Monroe County, Pennsylvania.

CARTWAY (ROADWAY)

The portion of a street or road right-of-way, paved or unpaved, intended for vehicular use.

CHAMFER

Surface formed by removing a square edge or corner.

CHANNEL

The bed where a stream of water flows.

CLEAR ROADSIDE AREA

The portion of right-of-way beyond the pavement and shoulder edge within which no existing obstructions are located.

CLEAR SIGHT TRIANGLE

An area of unobstructed vision at the street intersection defined by lines of sight between points at a given distance from the intersection of the street center lines.

COMPACTION

Made more dense. When a material is compacted, the particles are forced together more tightly so that a given weight of material takes up less space.

CONCRETE

A mixture of portland cement, water, sand and gravel, crushed stone or crushed slag, with or without some other material such as an air-entraining agent.

CONCRETE CRADLE

A layer of concrete placed under a pipe line to support the pipe.

CULVERT

A pipe or structure used to carry drainage under a road.

DETOUR

To send traffic by a circuitous route around a portion of a roadway that has been closed in accordance with § 350-4G of this article.

DRAIN

A pipe, trench or ditch provided for the purpose of leading water away from a structure.

DRAINAGE

The system designed to lead water away from the pavement.

DRAINAGE STRUCTURES

Inlets and culverts.

DRIVEWAY

A privately owned and constructed vehicular access from a Township road into a lot or parcel having frontage on said road.

EMERGENCY

An unforeseen occurrence or combination of circumstances which calls for immediate action or remedy.

EMERGENCY WORK PERMIT CARD

Township permit form used pursuant to § 350-3G of this article (relating to emergency work).

EQUIPMENT

All machinery and equipment, together with the necessary supplies for upkeep and maintenance, and also 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.

FORM 408

The latest revision of highway construction specifications issued by the Pennsylvania Department of Transportation.

GOVERNING BODY

The Coolbaugh Township Board of Supervisors.

GRADE

The elevation of the surface of the pavement and/or the immediate area surrounding the permitted work.

GRANULAR MATERIAL

Coarse, porous aggregate having a maximum size that can be readily placed and compacted in four-inch layers and of which 35% or less passes the No. 200 sieve.

GROUT

A mixture of cement, water and sand.

HEADWALL

A concrete structure usually placed at either end of a drainage pipe.

HIGH EARLY STRENGTH CONCRETE

Cement concrete meeting specifications set forth in § 704.1(g), Form 408.

HORIZONTAL CLEARANCE

Clear distance from center line of roadway to the nearest and adjacent obstacle.

HOT MIX

Hot bituminous concrete.

IMPROVED AREA

The area within the right-of-way which has been constructed for roadway purposes, including roadbed, pavement, shoulders, slope, sidewalks, drainage facilities and any other appurtenances.

INSPECTOR

The Township's authorized representative assigned to inspect permit operations.

MAXIMUM DENSITY

The greatest density it is possible to obtain.

MUNICIPALITY

Coolbaugh Township, Monroe County, Pennsylvania.

MUNICIPAL ENGINEER

The engineer appointed or engaged by the Township as a consultant thereto or his duly authorized representative.

MUNICIPAL SOLICITOR

The solicitor appointed or engaged by the Township or his duly authorized representative.

MUNICIPAL ZONING AND CODES OFFICER

The agent or official designated by the Coolbaugh Township Board of Supervisors to administer and enforce Chapter 400, Zoning, of the Code of the Township of Coolbaugh and all other Township ordinances and codes.

PAVEMENT

The combination of subbase, base course and surface course placed on a subgrade to support the traffic load and distribute it to the roadbed.

PERMIT

A road occupancy permit issued by the Township pursuant to these regulations.

PIPE BEDDING

The material placed in the ditch to support the pipe.

PLANS

Drawings which show the location, character and dimensions of the proposed occupancy and related roadway 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 90

A Pennsylvania Department of Transportation publication containing regulations governing traffic control of short-term roadway work operations.

RIGHT-OF-WAY

The total width of any land reserved or dedicated as a street, road or any other public or semipublic 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 highway within top and side slopes, prepared as a foundation for the pavement and shoulder.

ROADWAY

A roadway or bridge on the system of Township roadways and bridges, including the entire width between the right-of-way lines, over which the Township has assumed or has been legislatively given jurisdiction.

SEAL COAT

A thin treatment consisting of bituminous or other approved material, usually with cover aggregate, applied to a surface course.

SEALER

A bituminous material used for filling and/or sealing joints and cracks.

SECRETARY

The Secretary of the Township of Coolbaugh.

SETTLEMENT

The downward movement of a structure or a short section of pavement due to its own weight, to the loads which it supports or to shrinkage of the supporting soil.

SHOULDER

The portion of the roadway, contiguous to the traffic lanes, for accommodation of stopped vehicles, for emergency use and for lateral support of base and surface courses and pavements.

SKEW; SKEWED

At an angle other than a right angle.

SPAN

The width of the opening of a bridge or culvert.

STABILIZATION

Changing the quality of soil or aggregate by mixing it with material that will increase its load bearing capacity, firmness and resistance to weather or displacement.

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

Material meeting specifications for No. 2 RC minimum as set forth in § 677.2, Form 408.

SUPERVISORS

The Coolbaugh Township Board of Supervisors.

SUPPLEMENT

An amendment to a roadway occupancy permit issued by the Township.

SURFACE COURSE

One or more layers of a pavement structure designed to accommodate the traffic load, the top layer resists skidding, traffic abrasion and the disintegrating effects of climate. (The top layer is sometimes called "wearing course.")

SWALE

A man-made or natural depression in grade for drainage of surface water.

TACKCOAT

An application of bituminous material to an existing surface to provide bond with a superimposed course.

TAMPER

A tool for compacting soil in spots which cannot be reached by rollers.

TOWNSHIP

Coolbaugh Township, Monroe County, Pennsylvania.

TRAFFIC CONTROL PLAN

A detailed drawing showing all affected routes and proposed traffic control devices and methods.

TRAFFIC LANE

The portion of the traveled way for the movement of a single line of vehicles.

UNSTABLE

Not firm enough to offer much resistance.

UTILITY

A person owning a utility facility, including any wholly owned or controlled subsidiary.

UTILITY FACILITY or FACILITY

All privately, public 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 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.

WATERCOURSE

A discernible, definable natural course or channel along which water is conveyed ultimately to streams and/or rivers at lower elevations.

WEARING COURSE

The top layer of a surface course.

VEHICLE

Every device which is or may be moved or drawn upon a roadway.

§ 350-3 Permit application procedures.

[Amended 2-16-1999 by Ord. No. 97]

A. Application. Hereafter, except as provided in Subsection B, no work shall be performed within the right-of-way of any Township road involving the placing of utility facilities or other structures or opening of the surface without first obtaining a permit from the Township.

B. Exceptions. Permits are not required for the following work:

(1) Placing of newspaper receptacles or mail boxes, although their location is subject to the maintenance requirements of the Township.

(2) Stringing lines on existing utility poles.

(3) Accessing the utility facility through a manhole.

(4) The installation of streetlights at the request of the Township.

(5) The replacement or renewal of their facilities prior to a Township resurfacing project after notice from the Township.

(6) The removal of poles and attached appurtenances.

(7) Facilities moved at the request of the Township.

C. Submission of permit applications. All permit applications shall be submitted in conformity with the following:

(1) Permit application shall be submitted by, and be in the name of, the owner of the utility facility or structure.

(2) Permit applications shall be submitted to the Township Secretary (5520 Municipal Drive) Tobyhanna, Pennsylvania 18466.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

(3) Permit applications shall be submitted on forms supplied by the Township and shall be accompanied by the following:

(a) Three sets of plans accurately drawn to scale detailing the location and pertinent dimensions of the opening, the proposed installation and related Township roadway features.

(b) A check or money order, payable to the Township, in the appropriate amount, as set forth in the fee and restoration schedule as adopted by the Coolbaugh Township Board of Supervisors.

(c) A performance bond or other surety, approved by the Township and payable to the Township, may be submitted in lieu of the restoration fee. All performance bonds or other surety shall be payable to the Township upon demand and shall be in effect until released in writing by the Township. (No time limit shall be placed by the applicant upon any performance bond or other surety.)

(4) When the applicant anticipates that blasting operations will be necessary in order to perform the permitted work, an executed accompanying bond, in an amount approved by the Township, shall be submitted with the application or prior to any blasting operations.

(5) When the applicant anticipates that it will be necessary to close a portion of a Township road to vehicular traffic in order to perform the permitted work, the applicant shall submit a traffic control plan with the application for review and approval by the Township prior to issuance of a permit. All traffic control plans shall be a detailed drawing, showing all affected routes and proposed traffic control devices and shall clearly indicate how the work area, vehicular and pedestrian traffic will be protected, maintained and controlled.

(6) Permit applications should be submitted to the Township at least 30 days prior to the anticipated start of any work. This thirty-day period shall not be construed as being a permit issuance limitation to be imposed upon the Township.

(7) Information provided in all applications must be accurate; § 4904 of the Crimes Code of December 6, 1972 (P.L. 1482, No. 334, 18 Pa.C.S.A. § 4904) makes it a misdemeanor for a person to mislead a public servant in performing an official function by making any written false statement which the person does not believe to be true.

(8) The Township will examine and determine the genuineness, regularity and legality of every application and may reject any application if not satisfied as to its genuineness, regularity or legality or the truth of any statement contained in the application. The Township may also make such investigations and require such additional information as it deems necessary.

D. Issuance of permits. Upon application duly made, in accordance with the requirements of this article, a permit will be issued by the Township, subject to the standards and regulations contained herein and also subject to any and all special conditions contained in the permit and/or its attachments and supplements.

(1) The permit will be the applicant's authority to proceed with the work and will also serve as a receipt for the fees accompanying the application.

(2) Where the applicant proposes to perform work that, in the Township's opinion, may pose a hazard to the roadway, to adjacent properties or to the environment, the Township may require the applicant to execute a construction agreement, using the form in the Appendix[1] of this article, as a prerequisite to issuance of the permit.

[1] Editor's Note: Appendix B is included as an attachment to this chapter.

(3) Permits will only be issued to utilities that will own and operate the facility after its installation. Permits will not be issued to contractors or subcontractors of the utility, nor to persons being served by the facility.

(4) Requesting permit time extension. A permit is valid for a six-month period or multiples thereof as specified on the permit. If the permittee has not completed all authorized work by the completion date specified on the permit, an application shall be submitted requesting a time extension for said permit.

(5) Work completion notification. When all permitted work has been completed, the self-addressed post card which accompanies the permit shall be completed and mailed to the Township Secretary.

(6) The original permit application along with all documents, plans and a complete record of all action taken shall be retained on file in the Township Office.

E. Permit fees. The permit fees established by resolution of the Board of Supervisors shall accompany all applications and shall be revised as deemed necessary by resolution of the Coolbaugh Township Board of Supervisors.

(1) Permit issuance fees. Issuance fees shall be used to defray costs incurred by the Township in reviewing and processing the application and plans, including the preliminary review of the site location identified in the application, and issuing and processing the permit.

(2) General permit inspection fees. General inspection fees shall be used to defray costs incurred by the Township in making the first inspection of the work authorized by the permit upon completion thereof to insure compliance with the permit and the provisions of this article.

(a) Underground facilities (for example, pipe lines, buried cable with pedestals, conduit, manholes, culverts, headwalls and inlets) fee is calculated on the total linear feet of the facility or facilities being permitted within the right-of-way, regardless of whether the surface is opened or not.

(b) Surface openings of less than 30 square feet (for example, service connection performed independently of underground facility installation, pipe line or cable repairs) (each opening).

(c) Aboveground facilities (for example, poles, or guys or anchors if installed independently of poles).

(d) Crossing (for example, overhead tipples, conveyors or pedestrian walk-ways and undergrade subways or mines).

(e) Seismograph; Vibroseis method (for example, prospecting for oil, gas).

(3) Exemptions. Permit issuance fees and general permit inspection fees shall not be payable by any of the following:

(a) The Commonwealth of Pennsylvania.

(b) Political subdivisions of the commonwealth.

(c) The federal government.

(d) Utility facility owners for:

[1] The installation of streetlights at the request of the Township or the Pennsylvania Department of Transportation.

[2] The replacement or renewal of their facilities prior to a Township resurfacing project after notice from the Township.

[3] The removal of poles and attached appurtenances.

[4] Facilities moved at the request of the Township or the Pennsylvania Department of Transportation.

(4) Additional inspection fees. If the Township determines that the permitted work is of sufficient magnitude or importance to warrant assignment of one or more employees to inspect the permitted work on a full time or spot inspection basis, the permit will so indicate and the permittee shall be charged for all salary, overhead and expenses incurred by the Township for such inspection.

(a) If after the permit has been issued and said permitted work has been started the Township determines that additional inspection is warranted due to poor work or work not in accordance with the provisions of the permit and/or the standards and regulations of this article, the Township may assign one or more inspectors to inspect the permitted work and the permittee shall be charged for all salary, overhead and expenses incurred by the Township for such inspection.

(b) The Township may hire inspectors from outside the Township if Township employees are not available or are not, in the opinion of the Roadmaster, qualified to perform the required inspection and the permittee shall be charged for all expenses incurred by the Township for such inspectors.

(c) The permittee shall reimburse the Township for the costs of any and all additional inspections within 30 days after receipt of the Township's invoice.

(d) If upon final inspection the Township determines the work is incomplete or was not performed in accordance with the provisions of the permit and/or the standards and regulations of this article and additional inspections must be made the permittee shall for each additional final inspection:

[1] Submit in writing a request for an additional final inspection after completing the omissions and/or correcting the defects in the permitted work.

[2] Submit an additional permit inspection fee as set forth in Subsection E(2) of this section.

(5) Fee refunds. There shall be no refund or credit of any portion of the permit issuance fees or of the permit inspection fees or charges for any reason whatsoever.

(6) Miscellaneous fees. The applicant shall pay for notary and recording costs if it is determined that the permit shall be recorded in the Monroe County Office of the Recorder of Deeds.

F. Surface restoration guarantees. The escrow monies and/or guarantees shall be used to restore the roadway and/or right-of-way surface when the permittee fails or is unable to perform said restoration and to insure the restoration is performed to the requirements of the permit and in conformance with all standards and requirements of this article.

(1) Restoration guarantees shall be submitted in accordance with the fee schedule as established by resolution of the Board of Supervisors.

(2) Restoration guarantee schedule may be revised as the Board of Supervisors deem necessary due to increased costs of restoration.

(3) The required restoration guarantees shall accompany the application and shall be approved by the Township prior to issuance of the permit.

(4) Restoration guarantees shall be in the form of a certified check or performance bond payable to the Coolbaugh Township. All performance bonds shall be an unconditional guarantee by a corporate surety company authorized and qualified for the issuance of surety bonds in the Commonwealth of Pennsylvania.

(5) All performance bonds shall be automatically paid to Coolbaugh Township upon demand and shall be in effect until released in writing by the Township. No time limit shall be placed on performance bonds.

(6) Release of performance bonds and/or return of escrow monies shall be made by the Township only after acceptance of the final surface restoration by the Township Roadmaster and/or the Township Engineer. The said approved restoration shall be subject to the two-year time limit for defects as outlined in this article.

G. Emergency work. Emergency repairs involving the placing of facilities or opening of the surface within the Township rights-of-way may be performed prior to obtaining a regular permit; provided the following procedures are adhered to:

(1) Emergency work permit cards. Application and issuance of emergency work permit cards shall be as follows:

(a) Application for emergency work permit cards shall be submitted to the Township Secretary and shall include:

[1] A completed permit application on forms furnished by the Township.

[2] An outline of the affected service area on maps furnished by the Township.

[3] A surface restoration guarantee in the amount set forth in the surface restoration guarantee schedule as amended by the Board of Supervisors of Coolbaugh Township. The surface restoration guarantee may be in the form of a cash escrow or a performance bond approved by the Township and payable upon demand to the Township.

(b) Upon approval of the application, an emergency work permit card shall be forwarded to the applicant.

[1] Emergency work permit cards shall consist of an original card for consecutive listing of five emergency repairs and five postal cards to be forwarded to the Township Roadmaster.

[2] Each emergency work permit card is valid for two years or five emergency repairs, whichever occurs first.

[3] The utility shall be responsible for assigning the proper emergency work permit cards to its work crews.

[4] Each emergency work permit card shall be returned to the Township after either the fifth emergency repair or two years from the card issuance date, whichever occurs first.

(c) As many emergency work permit cards as any utility deems necessary may be issued by the Township upon proper application for each card.

(2) Use of emergency work permit cards. Use of the emergency work permit cards shall be as follows:

(a) The utility facility owner shall immediately notify the Township office, by telephone, when the necessity for an emergency repair occurs during the regular working hours of the Township office. Emergency work occurring at other times shall be reported to the Township office on the following working day.

(b) Prior to opening the surface or placing utility facilities within the right-of-way, the utility crew shall enter the following information on the emergency work permit card in legible handwriting, using waterproof ink:

[1] Date emergency work is started.

[2] Time emergency work is started.

[3] Location of emergency work.

[4] Description of emergency work.

(c) The completed original emergency work permit card shall be located at the work site and shall be available for inspection by any police officer or representative of the Township. Reproduced copies of the original card are not valid.

(d) Within 24 hours of starting any emergency work, one of the five postal cards shall be completed and forwarded to the Township Roadmaster.

(3) A regular permit shall be applied for within five days to confirm and set forth, in detail, any and all work performed. The regular permit issuance and inspection fees shall be submitted with the permit application.

(4) All work performed under the authority of an emergency work permit card shall conform in all aspects to the requirements of this article and also to any special requirements set forth by the Township Roadmaster or by the Township Engineer.

(a) Any special requirements set forth by the Township Roadmaster or by the Township Engineer shall pertain to the safety of the traveling public.

(5) At no time shall any utility use an emergency as an excuse to install new facilities at a different location than the original facilities without prior location approval by the Township. If new facilities are placed by any utility under the authorization of an emergency work permit card said facilities shall be removed by the permittee within 10 days of notification to do so by the Township and at no cost to the Township.

H. Permit review procedures. Review of all permit applications shall be as follows:

(1) Upon receipt of a complete and properly submitted permit application the Township Secretary shall note the date of submission and material received on said application, retain the fee and restoration guarantee and forward the balance of the application to the Township Roadmaster.

(2) The Township Roadmaster shall review the permit application and data and act on said application as follows:

(a) Grant the permit as submitted and forward the approved permit application to the applicant.

(b) Grant the permit subject to certain special conditions, restrictions and/or regulations and forward the approved permit application to the applicant. All special conditions, restrictions and/or regulations shall be listed on the permit or shall be outlined on a separate document and said document shall be a part of the permit.

(c) Reject the application, list the reasons for the rejection on the application or on a separate document and forward the rejection to the applicant.

(d) Deny the application, list the reasons for denial on the application or on a separate document and forward the denial to the applicant.

(e) Hold the application for additional information and notify the applicant of the information or data required. When the application is held for additional information a photostat of the application shall be made, the required information listed on said photostat and forwarded to the applicant.

(3) If the Township Roadmaster deems it necessary or advisable to obtain comment from the Township Engineer he shall forward a copy of the application and all supporting data to said Engineer. Township Engineer shall review the application and supporting documents and submit his comments to the Roadmaster.

(4) If the Township Roadmaster deems it necessary or advisable due to the scope of the proposed work or due to other reasons to have the application acted upon at a public meeting, he shall notify the applicant as to when and where the application shall be considered by the Board of Supervisors and the applicant shall have the opportunity to present testimony in relation to said application.

(5) When the permit application is approved, rejected or denied, a copy of said action shall be forwarded to the applicant within 15 days of said approval, rejection or denial.

§ 350-4 General conditions.

A. Scope of permit. The permit shall be binding upon the permittee, its agents, contractors, successors and assigns.

(1) The permittee shall be responsible for causing compliance with all terms and conditions of the permit by its employees, agents and contractors.

(2) The permit shall be located at the work site and shall be available for inspection by any police officer or representative of the Township.

(3) The permit shall be maintained by the permittee as a permanent record and shall remain in effect, subject to the permit conditions and these regulations, as long as the permittee's facilities authorized by the permit occupy the Township right-of-way.

(4) Responsibility for compliance with the terms of the permit cannot be assigned or transferred by the permittee without first obtaining approval from the Township.

(a) In the event a permit is assigned or transferred without first obtaining approval from the Township, the assignment or transfer shall be null and void.

(b) The permit assigned or transferred shall also become null and void.

(c) Any facility installed under the authority of said 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 shall be principally liable to the Township for any failure to comply with the permit and these regulations. The principal liability of the permittee to the Township shall not preclude the permittee from any subsequent action against its contractor, subcontractor, materialmen, engineer architect or the like arising from the project.

(6) The permittee shall be the only party in interest in any action against the Township involving disputes arising from the permit.

B. Work standards. The work 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 this article and of the Township of Coolbaugh.

(1) 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 shall, upon being notified in writing by the Township, immediately take the necessary steps, at its own expense, to place the work in condition to conform to such requirements or standards.

(2) In case any dispute arises between the permittee and the Township's inspector, the Township's inspector shall have the authority to suspend work until the question at issue can be referred to and be decided by the Township Roadmaster and/or the Township Engineer.

C. Responsibility of permittee. The responsibilities of the permittee shall include, but not be limited to, the following:

(1) The permittee shall pay all costs and expenses incident to or arising from the project, including the prescribed fees for same, the costs of making and maintaining temporary restoration of the disturbed areas and making permanent restoration.

(a) The permittee shall reimburse the Township for any and all inspections costs which the Township may deem 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 these regulations, the Township may immediately revoke and annul the permit and order and direct the permittee to remove any or all structures, equipment or property belonging to the permittee and/or its contractors from the legal limits of the right-of-way and to restore the right-of-way to its former condition. In the event the Township determines that such structures, equipment or property pose a threat to the public safety and the permittee fails to remove the same after notice from the Township to do so, the Township or its attorneys, or any attorney of any court of record shall be authorized to appear for the permittee, and to enter an amicable action or ejectment and confess judgment against the permittee, and the attorney shall be authorized to issue forthwith a writ of possession with a clause of fieri facias for costs, without leave of court.

(3) If work is stopped on a project for any reason, other than at the end of any normal work day, and any ditch or trench, in the opinion of the Township, remains open for an unreasonable period, the permittee, if so directed, shall refill the ditch or trench and work shall not be resumed until the permittee is prepared to proceed immediately with the work to its completion. In the event the permittee 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 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 any other purpose, fails to restore any portion of the right-of-way to conform with the requirements of this article, the standards of the Township or the special requirements of the permit upon notice from the Township to do so, the Township reserves the right to do the work and the permittee shall reimburse the Township for the costs within 30 days after receipt of the Township's invoice.

D. Alteration of vegetation. The permit does not authorize the permittee to cut, remove or destroy trees or shrubbery within the legal limits of a Township road right-of-way.

(1) Special written permission for tree trimming and tree removal is required from the Township for any alteration of roadside vegetation.

(2) If trees or roadside shrubbery are destroyed during the permit work, the permittee shall replace or restore said trees or shrubbery to the satisfaction of the Township or shall reimburse the Township for the costs of such replacement or restoration within 30 days after receipt of the Township's invoice.

E. Alteration of drainage. Drainage structures or flows shall not be altered by the permittee except as follows:

(1) Unless specifically authorized by the permit, the permittee shall 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 affect the roadway right-of-way or roadway facilities.

(2) The permit shall not authorize the permittee to direct, divert or otherwise drain surface waters over the property of any other property owner.

(a) The permit shall not in any way relieve the permittee from acquiring the consent, permission or other authorization from any property owner which the Township determines may be adversely affected by drainage alterations.

(b) The permittee is responsible for any damage caused to any property owners as a result of work done under the permit.

F. Roadway damage. The permittee shall be responsible for any and all damage to pavement, shoulders and any other roadway facilities caused by the permit work or by the permittee's equipment or his contractor's equipment.

(1) To protect the pavement and shoulders, all equipment shall have rubber wheels or runners and shall have rubber, wood or similar protective pads between the outriggers and the surface unless otherwise authorized by the permit.

(2) In the event that other than rubber equipped machinery is authorized for use, the pavement and shoulders shall be protected by the use of matting, wood or other suitable protective material having a minimum thickness of four inches, unless the permit requires the permittee to repave the roadway full width.

(3) If the equipment damages the pavement or shoulders, the permittee shall restore the pavement or shoulders to their former condition, at the expense of the permittee.

G. Traffic maintenance and protection. Maintenance and protection of traffic shall be carried out in accordance with the requirements of the Township, the approved traffic control plan and as set forth in the applicable provisions of the Pennsylvania Department of Transportation's Publication No. 43 and Publication No. 90.

(1) The permittee shall provide and maintain all necessary precautions to prevent injury or damage to persons and property in accordance with instructions furnished by the Township. A traffic control plan shall be submitted to and be approved by the Township before detouring any traffic.

(2) Warning signs shall be placed in advance of the actual operation in such a manner as to be visible to the traveling public and substantial barricades with adequate illumination shall be provided and maintained for any open trench or hole in the improved area.

(3) Designated employees shall be assigned by the permittee to direct one-lane traffic.

(4) Flagmen shall be provided as specified in the permit and in accordance with the Pennsylvania Department of Transportation's Publication No. 43 and Publication No. 90.

H. Roadways under construction.

(1) No permit application will be approved for occupancy of a section of right-of-way within which a roadway construction 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 such applications are accompanied by a duly attested certificate signed by the contractor or other authority constructing the project, consenting to the applicant's proposed work within the right-of-way, together with a waiver, release and quitclaim to the Township for all damages and all defenses whatsoever for delays by reason of such work and occupation of the right-of-way by the permittee, or from any cause whatsoever resulting by reason of such work or occupation.

(2) The provisions of this section shall not apply:

(a) In case of emergency; in such case, the permittee shall procure the Township's consent to do such work as may be deemed necessary to correct the existing emergency condition in accordance with § 350-3G of this article.

(b) Where the permittee has been authorized by the Township to relocate or adjust their facilities simultaneously with such roadway construction.

I. Sharing facilities. Sharing facilities by two or more utilities shall conform to the following:

(1) Aboveground. The permittee may authorize others to share and use the facility or facilities already authorized by a permit provided the permittee at all times, shall:

(a) Require and be responsible for insuring that all attachments by others to its facilities are in accordance with this article.

(b) Be liable and responsible for the attachments by others to the same extent as permittee's facilities.

(c) Enter into a written agreement with all others attaching to its facilities permitting such use, and submit said agreement to the Township for review.

(2) Subsurface. The permit application shall identify any other utility's facility that will be sharing a trench or structure with the applicants facilities.

J. Indemnification. The permittee shall fully indemnify and save harmless and defend, if requested by the Township, its agents and employees, of and from all liability for damages or injury occurring to any person or persons 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 work, by, at the instance or with the approval or consent of the permittee from:

(1) Any failure of the permittee or any such person to comply with the permit or the provision of this article.

(2) For a period of two years after completion of the permitted work, from the failure of the roadway in the immediate area of the work performed under the permit where there is no similar failure of the roadway beyond the area adjacent to the area of the permitted work.

K. Insurance. The permittee shall, upon request, submit to the Township office a certificate or certificates of insurance for public liability and property damage, in form and amount satisfactory to the Township, 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 structures or facilities.

L. Blasting. No pre-drilling or blasting shall be permitted within the right-of-way, unless authorized by the permit.

(1) If the permittee proposes to blast, the permittee shall make, execute and deliver a bond to the Township in an amount approved by the Township with surety by a company duly registered and authorized to do business in the Commonwealth of Pennsylvania, conditioned that the Township will be saved harmless from any damages whatsoever to the improved area for a period of one year from the date of the completion of the last work covered by the permit.

(2) When blasting is anticipated within 100 feet of any bridge, box or culvert, a detailed plan of excavating, shoring, blasting and backfilling procedures shall be submitted, with the application, to the Township office for review and approval.

(3) No blasting shall be permitted if within 25 feet of the nearest part of a bridge, box or culvert.

(4) Only controlled blasting, as specified in § 203.3(d) of the Pennsylvania Department of Transportation's Form 408, shall be permitted within the improved area.

M. Maintenance of structures or facilities. As long as the permittee operates and leaves in place any structures or facilities, in, upon or along the right-of-way, the permittee shall maintain and keep them in good order and repair.

N. Repair of damaged structures or facilities. If at any time the structure or facility shall become damaged from any cause whatsoever the permittee shall have it removed, repaired or otherwise made safe immediately upon notification from the Township.

O. Damage to roadway. Responsibility for future damages to the roadway shall be as follows:

(1) If there is a failure of the roadway, including slope or any other appurtenance thereto, in the immediate area of the permitted work within two years after the completion of the permitted work and there is no similar failure of the roadway beyond the area adjacent to the area of the permitted work, the permittee shall have absolute responsibility to make all temporary and permanent restoration, including restoration of the adjacent area if it has also failed.

(2) If there is a failure of the roadway, including slope or any other appurtenance thereto, in the area adjacent to the immediate area of the permitted work within two years after the completion of the permitted work and there is no similar failure of the roadway in the area of the permitted work or beyond the area adjacent to the area of the permitted work, it shall be presumed that the work done by the permittee was the proximate cause of the failure and the permittee shall be responsible to make all temporary and permanent restoration unless the presumption is rebutted by clear and convincing evidence.

(3) If there is a failure of the roadway, including slope or any other appurtenance thereto, in the immediate area of the permitted work, which occurs more than two years after the completion of the permitted work, and there is no similar failure of the highway beyond the area adjacent to the area of the permitted work, it shall be presumed that the work done by the permittee was the proximate cause of the failure and the permittee shall be responsible to make all temporary and permanent restoration, including any failure of the adjacent area if it has also failed, unless the presumption is rebutted by clear and convincing evidence.

(4) If there is a failure of the roadway, including slope or any other appurtenance thereto, in the area adjacent to the immediate area of the permitted work, which occurs more than two years after the completion of the permitted work, the permittee shall be responsible to make all temporary and permanent restoration if the permitted work was the proximate cause of the failure.

(5) Consequential damages. If the permitted work is the proximate cause of damage to the roadway, including slope or any other appurtenance thereto, beyond the adjacent area, the permittee shall be responsible for all remedial work and shall make all temporary and permanent restoration.

(6) Where the permittee has the responsibility to restore the roadway, including slope or any other appurtenance thereto, under any of the above subsections, including instances where a presumption of responsibility has not been rebutted, the permittee shall have the duty to restore the improved area in accordance with the permit.

(a) If the permittee fails to restore the improved area properly, the Township shall have the authority to do the work at the permittee's expense.

(b) The permittee shall reimburse the Township for the costs within 30 days after receipt of the Township's invoice.

P. Future roadway changes. If at any time in the future the roadway is altered for public convenience or necessity, the permittee shall at its own cost and expense, change or relocate all or any part of the structures or facilities authorized by the permit which interfere with such roadway alterations or which is inconsistent with the purpose of the roadway alterations.

Q. Approval by Township inspector. Approval by the Township's inspector of all or part of any permitted work shall not constitute acknowledgment that the work was performed in accordance with the permit, nor shall such approval of the inspector act as a release of the permittee or waiver by the Township of its right to seek performance or restitution from the permittee.

R. Final inspection. Upon completion of the permitted work, including restoration of pavement and/or shoulders, the Township shall make a final inspection of the work and, when necessary, enforce compliance with the conditions, restrictions and regulations prescribed by the permit and by this article.

(1) Where any settlement or defect in the work occurs prior to the final inspection, or within a period of two years from the date of the final inspection, the applicant shall rectify such settlement or defects within 10 working days of written notification by the Township to do so. If the applicant shall fail to rectify any such settlement or defects within one calendar month of such written notification by the Township, the Township may do the work and shall impose upon the applicant the cost thereof, together with an additional 20% of such cost, which shall be recovered from the restoration guarantee submitted with the permit application or may be recovered by an action in assumpsit in the Court of Common Pleas of the Forty-Third Judicial District.

(2) Should the Township deem it advisable or necessary due to previous problems or other considerations which the Township has become aware of, the Board of Supervisors may at their discretion hold and not release the surface restoration guarantee until two years from the date of the final inspection.

§ 350-5 Special conditions; subsurface operations.

A. Drilling, boring, driving or tunneling under improved areas.

(1) When crossing any improved area, the opening for a utility facility, unless specifically authorized otherwise, shall be drilled, bored or driven on a horizontal plane at a minimum depth of three feet below the surface of the roadway and its swale ditches.

(2) The facility may be placed otherwise by tunneling when specified in the permit.

(a) When tunneling, after the facility is placed, the hole shall be backfilled with 1:3:6 concrete of dry consistency and tamped.

(b) Wet boring is prohibited.

(3) No openings for the purpose of placing utility facilities or other structures under the improved area by drilling, boring, driving or tunneling shall be made closer than three feet to the edge of the roadway, unless the permit authorizes a lesser clearance.

(4) Facilities and other structures crossing under the improved area shall be constructed so as 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. Such facilities shall comply with applicable provisions of § 12.40 of the Pennsylvania Department of Transportation Design Manual, Part 5.

B. Trenching across improved areas. All trenching across improved areas, when specifically authorized by the permit, shall be in complete compliance with the following:

(1) Trenching across the improved area may be authorized by the permit where drilling, boring, driving or tunneling are not feasible because:

(a) The subsurface is solid rock.

(b) There are other facilities located longitudinally under the improved area and their location precludes methods other than trenching.

(c) Adjacent development in a very congested urban area makes the construction of a tunneling or boring shaft impossible.

(2) Trenching across the improved area may be authorized by the permit when the Board of Supervisors determine that trenching will not be any more detrimental to the traveling public and to the roadway than drilling, boring, driving or tunneling. The authorizing of trenching across the improved area shall be at the sole discretion of the Board of Supervisors.

(3) When trenching is specified in the permit, the trenching operation shall be performed by one of the following two methods:

(a) Utility facility placed in one piece across roadway.

[1] Traffic shall be routed over 1/2 of the pavement width.

[2] The closed half of the pavement shall be opened to the required depth and bridged with steel plates.

[3] Traffic shall be shifted to the bridged half of the pavement.

[4] The remaining half of the pavement shall be opened to the required depth.

[5] The facility shall be placed full width.

[6] The open trench shall be backfilled and restored half width in accordance with the appropriate sections of this article.

[7] Traffic shall be shifted to the restored half of the pavement.

[8] The bridging shall be removed and the remaining half of the trench shall be backfilled and restored in accordance with the appropriate sections of this article.

(b) Utility facility placed in more than one piece across the roadway.

[1] Traffic shall be routed over 1/2 of the pavement width.

[2] 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 the appropriate sections of this article.

[3] Traffic shall be shifted to the restored half of the pavement.

[4] The remaining half of the pavement shall be opened to the required depth, the facility placed, and the trench backfilled and restored in accordance with the appropriate sections of this article.

C. Trench openings parallel to roadway. Trench openings parallel to the roadway shall be as follows:

(1) Trench openings for utility facilities and other structures shall be made so that the near edge of the opening is at least five feet outside the edge of the pavement unless the permit authorizes a lesser clearance, with a minimum depth of three feet from the surface to the top of the facility.

(2) On an unpaved road or street, the near edge of the trench opening shall be at least 12 feet from the general center line of the traveled roadway, or as authorized by the permit. The center line shall be determined by the Township.

(3) No trench opening shall be made for a distance of more than 200 feet at any one time, unless authorized by the permit. In addition, no more than 40 feet of trench shall be left open on the shoulder of a roadway at the end of any work day, unless authorized by the permit.

D. Trench plates or bridging. When plates or bridging are required the following shall apply:

(1) Except for emergency repairs of utility facilities, work shall be stopped prior to peak traffic hours that exist on a particular roadway on a particular day.

(2) Steel plates or bridging shall be placed over all openings made within the improved area which are less than six feet in either length or width when work is stopped.

(3) 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.

E. Plowing operations. The following regulations shall apply to all plowing operations.

(1) No plowing shall be permitted within the right-of-way, unless authorized by the permit.

(2) Plowing operations will be authorized only in unpaved shoulders.

(3) Plowing operations are not allowed from November through March inclusive, unless authorized by the permit.

(4) No plowing shall be permitted within three feet from the edge of the roadway pavement. A greater distance shall be attained wherever possible.

(5) The opening shall be a minimum depth of three feet. If this depth cannot be consistently maintained, the proper depth shall be achieved by trenching.

(6) The utility facility shall be installed under any structures that are less than three feet deep. All disturbed structures shall be repaired or replaced by the permittee.

(7) The disturbed area shall be restored in conjunction with the plowing operation. If heaving occurs the disturbed area shall be reshaped, backfilled with No. 2 RC stone and compacted until the disturbed area is restored to a condition equal to that which existed before plowing.

F. Disposition of materials.

(1) The permittee shall keep the improved area free of all material which may be deposited by vehicles traveling upon or entering onto the roadway during the performance of work authorized by the permit.

(2) The permittee shall be responsible for controlling dust conditions created by its own operations.

(3) All excess material that is not suitable for backfill shall be removed and disposed of outside the right-of-way as the work progresses.

(4) All retained suitable material shall be placed or stored on the side of the operation farthest from traffic, unless otherwise authorized by the permit, and in such a manner that there will be no interference with the flow of water in any gutter, drain, pipe, culvert, ditch, shoulder swale or waterway.

G. Backfilling. All openings made in the improved area shall be backfilled by the permittee in accordance with the following minimum standards:

(1) The opening shall first be backfilled with material suitable for insulation to a height not to exceed one foot over the top of the facility, compacted in four-inch layers.

(2) The opening shall then be backfilled with either No. 2 RC aggregate, retained suitable material or other material specified in the permit, and compacted throughout its full width with approved vibratory compaction equipment in layers not to exceed six inches.

(3) Any and all material retained from the excavation for backfill shall be approved by the Township prior to being used.

(4) Compaction shall be completed to the bottom elevation of the existing pavement, base or subbase.

(5) The Township may require the permittee to have material proposed for use as backfill tested for conformance to Pennsylvania Department of Transportation's Form 408.

H. Restoration of flexible base pavements. Base and surface restoration of flexible base pavements shall be done in accordance with one of the two methods listed below, as specified in the permit.

(1) High early strength concrete restoration method.

(a) Prior to replacement of the base course, one foot from each edge of the trench shall be sawed or cut, in a neat straight line, to the bottom elevation of the existing base course and the detached material shall be removed.

(b) The base course shall be replaced with a minimum of eight inches, high early strength concrete to the elevation of the bottom of the existing pavement or surface course.

[1] The high early strength concrete shall then be cured in accordance with § 501.3(n) of PennDOT Form 408.

[2] If a trench exceeds four feet in width, No. 6 reinforcing bars shall be installed in the concrete base course, placed at six-inch centers measured longitudinally in the direction of the trench, with two-inch clearance on each end and a three-inch clearance on the bottom.

(c) Following the concrete curing, a tack coat of E-1 bituminous material or SR tack coat shall be applied in accordance with § 460 of PennDOT Form 408.

(d) After the tack coat has cured, the bituminous binder and/or wearing course shall be placed so as to conform to the existing type of road binder and wearing courses.

(2) Ninety day temporary restoration method.

(a) Prior to making the permanent restoration, one foot from each edge of the trench shall be sawed or cut, in a neat straight line, to the bottom elevation of the existing base course and the detached material shall be removed.

[1] Drilling shall not be permitted.

(b) Temporary restoration shall be made and kept in place for a minimum of 90 days.

[1] The base material shall consist of either a minimum eight-inch stone base, a minimum five-inch aggregate bituminous base, or a minimum four-inch-bituminous concrete base, with a surface of two-inch bituminous material.

[2] Where the existing pavement structure includes a subbase material, it shall be replaced to a depth equal to the existing course depth with material meeting the requirements of § 350 of PennDOT Form 408.

(c) After the minimum 90 day period, but before 210 days, the temporary restoration shall be removed and permanent restoration made.

(d) The permanent base course shall consist of bituminous concrete meeting the requirement of § 305 of PennDOT Form 408 and having a minimum depth of five inches or a depth equal to the existing base course, whichever is greater.

(e) The permanent binder and surface course shall be placed in accordance with the depths of the existing bituminous surface, but in no case shall the binder course be less than 1 1/2-inch ID-2 and the wearing course be less than one-inch ID-2 or FJ-1.

I. Restoration of plain or reinforced cement concrete pavements. Restoration of plain or reinforced cement concrete pavements shall conform to the following standards:

(1) Prior to replacement of the base, one foot from each edge of the trench shall be sawed or cut, in a neat straight line, to a depth of at least three inches, and the detached material removed. Drilling shall not be permitted where sawing or cutting is required.

(2) The replacement base shall consist of high early strength concrete equal in depth to the original concrete pavement.

(3) On existing reinforced cement concrete pavements, reinforcing steel and expansion tie bolts shall be placed in accordance with PennDOT Roadway Construction Standard RC-26.

(4) The surface shall be restored as follows:

(a) The surface shall be cured in accordance with § 501(3)(n) of PennDOT Form 408.

(b) After surface corrections have been completed and just before the concrete becomes nonplastic, the surface shall be given a textured (broomed) finish.

(c) Surface restoration of a cement concrete pavement which has a bituminous surface shall be done in accordance with Subsection I(1) of this section.

J. Miscellaneous pavement restoration. The Board of Supervisors may approve other types of pavement restoration as they deem appropriate to existing conditions.

K. Shoulder restoration.

(1) Paved and stabilized shoulders. Paved and stabilized shoulders shall be reconstructed and restored to a serviceable condition, of the same type as existed before the start of work.

(2) Other shoulders. Other shoulders shall be reconstructed and restored to a serviceable condition as follows:

(a) Retained material which complies with § 206.2 of PennDOT Form 408 may be used for backfill, up to within 18 inches of final grade. The final 18 inches of backfill shall consist of No. 2 RC aggregate or suitable material previously approved by the Township.

(b) If the length of the facility exceeds 50 feet, the shoulder shall be graded, rolled and penetrated with RT-2C or MC-30 bituminous material at a minimum rate of 0.25 gallon per square yard and chipped or lightly sanded to prevent tracking of oil onto the pavement.

L. Paint identification.

(1) Upon completion of temporary and permanent restoration, the restoration date shall be painted on the pavement immediately adjacent to the cut.

(2) The painted date shall indicate the month and year numerically.

(a) The numerals shall be at least six inches in height.

(b) The paint shall be of a durable wearing quality and shall be color coded as follows:

[1] Blue: water.

[2] Yellow: gas-petroleum.

[3] Red: electric.

[4] Orange: communications.

[5] Green: sewer.

M. Appurtenances to underground installations. 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 manholes or valve covers located in shoulders shall be paved in such a manner as to prevent washouts.

(3) All manholes, including those cast-in-place, shall be constructed in compliance with current industry standards and PennDOT Form 408, § 713.2(c).

N. Additional restoration. Additional restoration shall include:

(1) All disturbed portions of the roadway, including all appurtenances and structures such as guardrail or drain pipes, shall be restored to a condition equal to that which existed before the start of any work authorized by the permit.

(2) If the permittee opens the roadway pavement, whether to install a new facility or to modify an existing facility or for any reason other than to perform emergency work pursuant to § 350-3G of this article, and the wearing course is less than five years old, the permittee shall, in addition to the minimum restoration conditions outlined in Subsection H of this section, overlay the roadway pavement in accordance with the following conditions:

(a) When a longitudinal opening longer than 10 feet or wider than three feet is made in the roadway pavement, the permittee shall overlay the traffic lane(s) in which the opening was made, for the entire length of roadway that was opened.

(b) When two or more transverse trench openings are made in the roadway pavement less than 100 feet apart, the permittee shall overlay all traffic lanes in which the openings were made, for the entire length of roadway between such openings.

(c) When five or more emergency openings have been made by the same permittee in the roadway pavement less than 100 feet apart within five years of the last resurfacing by the Township, the permittee shall overlay all traffic lanes in which the openings were made for the entire length of roadway between such openings.

(d) Where disturbed lanes adjacent to undisturbed lanes are overlaid, the edge of the disturbed lane shall be saw cut to a depth of 1 1/2 inches for the length of the opening and the detached material removed, in order to insure a smooth joint. A full width overlay may be performed in place of sawing and striping the disturbed lane or lanes.

(e) Where disturbed lanes adjacent to shoulders are overlaid, the shoulder shall be raised so that the overlaid pavement and shoulder edges are at the same elevation.

(3) Regardless of the age of the wearing course.

(a) When both longitudinal and transverse trench openings are made in the highway pavement, the Township may require the permittee to overlay all traffic lanes in which such openings were made, for the entire length of roadway that was opened, if the Township deems that the present serviceability of the roadway has been impaired by the openings.

(b) When five or more openings are made by the same permittee in the roadway pavement less than 100 feet apart, the Township may require the permittee to overlay the entire disturbed area.

§ 350-6 Special conditions; aboveground facilities.

A. General rules. Permits will not be issued to install aboveground facilities at locations which the Township determines to have a high accident potential.

B. Location of aboveground facilities. New poles, guys and other aboveground facilities shall be installed outside the roadway's clear roadside area as near the right-of-way as practicable.

C. Location of wires, cables or conductors. All wires, cables or conductors which overhang any portion of the right-of-way shall be placed so as to provide a minimum vertical clearance of 18 feet over the roadway, except where the National Electrical Safety Code requires vertical clearances in excess of 18 feet due to voltage and/or span lengths.

D. Guys. Guys shall be placed so as to avoid interference with vehicular or pedestrian traffic and shall be insulated or grounded in compliance with the National Electrical Safety Code.

E. Identification of poles. Each pole shall bear the name or initials of the facility owner and the pole number(s) assigned by the facility owner.

§ 350-7 Miscellaneous standards.

A. Utility facility location markers. All electrical and/or telephone conduits and wires placed under the Township right-of-way shall be plainly defined by a location marker in the immediate vicinity.

(1) Markers shall be of a type approved by the Township and be of an accepted standard of the industry.

(2) Maintenance of these markers shall be the responsibility of the applicant.

B. Disclaimer of responsibility. Anything placed under the Township right-of-way which is less than 36 inches below finish grade shall not be the responsibility of Coolbaugh Township in case of rupture or breakage of any kind due to the Township's construction, maintenance or excavation.

C. Industry standards. Trenching, bedding and laying of sewer, water, gas-petroleum, electric, telephone and cable TV lines shall conform to the accepted standards of said industry.

D. Culvert pipe standards. Trenching, bedding and laying of culvert pipes shall conform to the applicable portions of this article and/or the PennDOT Form 408.

E. Damaged guard rail. If existing guard rail is damaged or destroyed it shall be repaired or replaced in a manner satisfactory to the Township and at no cost to the Township.

F. No person shall construct any improvements and/or place any items within the right-of-way of any Township road except as provided for in § 350-3B. The prohibition against construction and/or placing items within the right-of-way includes but is not limited to basketball nets (portable or permanent), plantings, and hardscaping.

[Added 12-7-2021 by Ord. No. 146-2021]

§ 350-8 Administration; violations and penalties.

[Amended 1-16-1984 by Ord. No. 58; 2-16-1999 by Ord. No. 97]

A. Modifications.

(1) The provisions of this article are intended as minimum standards for the protection of the safety and welfare of the residents and inhabitants of Coolbaugh Township; however, the Township reserves the right to modify them conditionally in individual cases or amend as necessary in the public interest; provided, however, that such variations shall not have the effect of nullifying the intent and purpose of these regulations.

(2) The Supervisors may waive the provisions of any general or special conditions which in their opinion are inappropriate due to special site or design situations.

(3) The Supervisors may require more restrictive conditions necessary in their judgment to secure the objectives or provisions of this article under certain special site or design situations.

B. Amendments. The Board of Supervisors may, from time to time, revise and amend this article by appropriate action taken after a public hearing on said proposed revisions and amendments subject to the following:

(1) Public notice as required, together with a brief summary setting forth the principal provisions of such revisions and amendments, indicating the time and place of the public hearing and indicating the time and place where copies of the proposed amendments may be examined.

C. Conflicts. In case of conflicts of other standards the following shall apply:

(1) Other ordinances. Whenever there is a difference between the minimum standards specified herein and those included in other Township ordinances and/or regulations the more stringent requirement shall apply.

(2) Conflicting ordinances. All existing ordinances and/or regulations or parts thereof which are contrary to the provisions of this article are hereby repealed to the extent necessary to give this article full force and effect.

D. Penalties. Any person, firm or corporation who shall violate any provision of this article, upon conviction thereof in an action brought before a Magisterial District Judge in the manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure, shall be sentenced to pay a fine of not more than $1,000 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 90 days. Each day that a violation of this article continues or each Section of this article which shall be found to have been violated shall constitute a separate offense.

Article II Road Acceptance Requirements

[Adopted 2-18-1985 by Ord. No. 30C (Ch. 21, Part 3, of the 1999 Code of Ordinances); amended in its entirety 7-1-2014 by Ord. No. 121-2014]

§ 350-9 General provisions.

A. Title. This is an article completely amending the public street and road regulations of the Township of Coolbaugh Chapter 21, Part 3, which completely amended the public street and road regulations originally enacted on March 1, 1971, as Ordinance Number 30, and subsequent amendments thereto, and establishing rules, regulations and standards governing the improvement and construction of streets and roads within the Township of Coolbaugh, Monroe County, Pennsylvania, and setting forth procedures to be followed by the developer of any and all streets and/or roads to be offered for dedication and by the Coolbaugh Township Board of Supervisors in applying, administering and amending these rules, regulations and standards.

B. Short title. This article shall be known and may be cited as the "Coolbaugh Township Public Street and Road Regulations."

C. Application. Except as hereinafter provided, no street or road shall be offered to the Township of Coolbaugh or proposed for dedication to the Township unless said street or road is submitted, improved and/or constructed in complete conformity with the provisions of this article.

D. Statement of findings. Section 2317 of the Second Class Township Code,[1] as amended, states that: "No person shall construct, open or dedicate any road or any drainage facilities for public use or travel without first submitting plans thereof to the Board of Supervisors for its approval. The plans shall be prepared under rules and regulations adopted by the Board of Supervisors and shall show the profiles of the roads, the course, structure and capacity of any drainage facilities, the method of drainage of the adjacent or contiguous territory and any other details that may be required under the rules or regulations adopted by the Board of Supervisors."

After just and due consideration of their experience with the unsupervised and often careless improvement and construction of roads proposed for dedication to the Township, the Board of Supervisors find that these regulations are necessary to prevent poor road construction that results in added and unnecessary expense to the Township due to premature deterioration of the poorly constructed roads after dedication to the Township.

[1] Editor's Note: See 53 P.S. § 67137.

E. Declaration of purpose. This article is hereby adopted to guide and regulate the minimum improvement and construction standards of all streets and roads within the Township of Coolbaugh that are offered for dedication to the public and further requires that plans and designs of all said streets and roads be submitted to the Coolbaugh Township Board of Supervisors prior to any improvement of construction activities and includes provisions for the same as follows:

(1) Provisions for the harmonious, orderly and efficient development of all public streets and roads with the Township.

(2) Provisions for the coordination of proposed streets and roads with existing streets and roads.

(3) Specifications for such plans.

(4) Requirements for the design of streets and roads.

(5) Requirements for the construction of streets and roads.

(6) Provisions for the administration of this article by the Coolbaugh Township Board of Supervisors.

F. Disclaimer of liability.

(1) The type of street and road improvement and construction required by this article is considered reasonable for regulatory purposes and is based upon previous scientific study and experience by the American Association of State Highway and Transportation Officials, by the Pennsylvania Department of Transportation and by Coolbaugh Township.

(2) This article shall not create liability on the part of Coolbaugh Township or any officer or employee thereof for damages that result in reliance on this article, any amendment thereto or any administrative decision lawfully made thereunder.

§ 350-10 Word usage; definitions.

A. Tense, gender and number. All tense, gender and number shall be interpreted in accordance with Chapter 355, Subdivision and Land Development, § 355-8, Tense, gender and number, which is incorporated herein by reference and shall be used for all purposes in the interpretation of this article.

B. General terms. All general terms shall be interpreted in accordance with Chapter 355, Subdivision and Land Development, § 355-9, Word usage, which is incorporated herein by reference and shall be used for all purposes in the interpretation of this article.

C. Terms or words not defined. Where terms or words are not defined, they shall be interpreted in accordance with Chapter 355, Subdivision and Land Development, § 355-10, Terms or words not defined, which is incorporated herein by reference and shall be used for all purposes in the interpretation of this article.

D. Specific terms. All specific terms shall have the meanings of the specific terms set forth in Chapter 355, Subdivision and Land Development, § 355-11, Definitions, which is incorporated herein by reference and shall be used for all purposes in the interpretation of this article.

§ 350-11 Submission and review procedures.

A. General. Hereafter, all plans for streets and roads to be offered for dedication within the corporate limits of Coobaugh Township shall be reviewed by the Coolbaugh Township Planning Commission and other Township, county and/or state agencies or officials as deemed necessary or advisable by the Board of Supervisors, and shall be approved or rejected by the Coolbaugh Township Board of Supervisors in accordance with the procedures specified in this article. When the road or street is part of a subdivision plan approved after February 5, 2013, an additional review by the Township Planning Commission shall not be necessary.

B. Purpose. The purpose of this article is to set forth procedures to be followed by the applicant and the Township relative to the submission and acceptance or rejection of streets and/or roads offered for dedication to Coolbaugh Township as public streets and/or roads.

C. Petition for adoption. The applicant shall submit to the Board of Supervisors a petition to consider the adoption of the proposed street or road using the form provided by the Township. The Board of Supervisors shall accept the petition at the next regularly scheduled meeting of the Board, if the petition has been submitted by the deadline established by the Board for items to be placed on the agenda.

(1) Materials to be submitted. Official submission of a petition for adoption shall consist of the following:

(a) Six copies of the petition form.

(b) Six copies of a set of a plans of the road or street including plans, profiles, cross-sections, grading plans and drainage plan of the road or street prepared in accordance with the pertinent requirements of Chapter 355, Subdivision and Land Development, § 355-16, Final plans for major subdivisions; Chapter 344, Stormwater Management and Earth Disturbance, Article III, Applicability and Plan Submission; and Chapter 257, Natural Features Conservation, §§ 257-3 and 257-4, all of which are incorporated herein by reference.

(c) When the Board of Supervisors deems it necessary or advisable to have the plans reviewed by other Township, county and/or state agencies or officials, the applicant shall submit additional copies of the petition and plans as necessary for distribution to such other agencies and/or officials.

(2) Distribution of petition and accompanying material. One copy of the petition and accompanying material shall be retained by the Board of Supervisors for their files and the other copies shall be distributed for review as follows:

(a) One copy of the petition and accompanying material to the Township Road Foreman.

(b) One copy of the petition and accompanying material to the Township Engineer.

(c) Three copies to the Coolbaugh Township Planning Commission, except where the street or road is part of a subdivision plan approved after March 18, 2014.

(d) One copy to such other Township, county and/or state agencies or officials deemed necessary or advisable by the Board.

(3) Board of Supervisors action on the petition. The Board of Supervisors shall either accept or reject the petition after considering the recommendations of the Township Road Foreman, the Township Engineer, the Township Planning Commission and other reviewing agencies or officials, and notify the applicant within 90 days of the official acceptance of the petition.

D. Construction and improvements guarantee. All applicants proposing the construction of any streets or roads to be dedicated to Coolbaugh Township shall be required to enter in to a legally binding construction and improvements agreement with the Township guaranteeing the construction of all streets, road and other improvements in accordance with all Township requirements prior to final approval by the Board of Supervisors. This agreement shall be prepared in accordance with Chapter 355, Subdivision and Land Development, § 355-42, Subdivision and/or land development improvements agreement, which is incorporated herein by reference.

E. Construction and improvement of streets and roads. The applicant shall have the streets and/or roads constructed according to the approved plans and documents to the satisfaction of the Township in accordance with the procedure set forth in Chapter 355, Subdivision and Land Development, § 355-37, Improvements construction, which is incorporated herein by reference.

F. Method of approving street and road construction. For approval of the construction of improvements, the applicant and the Township shall follow the procedure set forth in Chapter 355, Subdivision and Land Development, § 355-36D, Release of guarantees, which is incorporated herein by reference.

§ 350-12 Design and construction standards.

A. Standards. All roads and streets shall be designed and constructed in accordance with the standards and requirements of Chapter 355, Subdivision and Land Development, Article VI, Design Standards and Specifications, and Chapter 344, Stormwater Management and Earth Disturbance, both of which are incorporated herein by reference, and the following additional requirements:

(1) Right-of-way. The entire right-of-way of any street or road shall be cleared of all trees, stumps, boulders, excess dirt and other debris.

(2) Grading and surfacing. All streets and roads shall be graded, surfaced and improved to the grades, lines and dimensions shown on the plans, profiles and cross-sections submitted to and approved by the Board of Supervisors.

(3) Stormwater drainage. All streets and roads shall be designed and constructed to meet the following drainage requirements:

(a) All streets and roads shall be well drained, and all drainage structures, pipes, swales and other drainage facilities shall be designed to convey, as a minimum, the runoff from a ten-year storm for minor roads and streets, and a twenty-five-year storm for all other roads. When stormwater runoff is required to be managed, the facilities may be required to convey runoff from larger storms to be managed. Parallel drainage swales shall be constructed along the roadway as necessary, with outlet locations designed not to impact adjacent properties.

(b) All pipe culverts shall meet the requirements of the latest edition of PennDOT Publication 408, Specifications, with a minimum diameter of 18 inches (or equivalent).

(c) A concrete inlet box with frame and grate, concrete headwall or endwall or a flared-end section of appropriate material is required at each end of a pipe culvert.

(d) All drainage structures, pipes, boxes, grates, headwalls, endwalls, flared-end sections and all other drainage structures or facilities shall be designed, fabricated and constructed in accordance with the requirements, standards and specifications of the latest edition of PennDOT Publication 408, Specifications and of the latest edition of PennDOT Publication 72M, Roadway Construction Standards.

(e) All construction work shall be performed in accordance with the procedures, methods and specifications of the latest edition of PennDOT Publication 408, Specifications.

(4) Construction and installation of improvements.

(a) The person (developer) offering the street or road for dedication shall have the required improvements associated with the street or road installed at no cost to the Township, under the observation of the Township Engineer or other person designated by the Board of Supervisors.

(b) The developer shall have his engineer certify to Coolbaugh Township that the street or road has been constructed in accordance with the approved plans and specifications.

(c) Coolbaugh Township shall have the right to have the Township Engineer or other designee observe all phases of the street or road construction, for verification of proper construction methods, and the fees associated with such observation shall be reimbursed by the person offering the street for dedication.

§ 350-13 Administration; appeals.

A. Records. The Township shall maintain records of all petitions for adoption and of all street and/or road plans submitted, along with the actions taken.

B. Modifications and amendments. The provisions of this article are intended as minimum standards for the protection of the safety and welfare of the residents and inhabitants of Coolbaugh Township; however, the Township reserves the right to modify them conditionally, or amend as necessary in the public interest; provided, however, that such variations shall not have the effect of nullifying the intent and purpose of said provisions.

(1) Modifications. The Planning Commission may recommend and the Board of Supervisors may grant the following modifications subject to such conditions which will, in their judgement, secure substantially the objectives of the standards or requirements so modified:

(a) Requests for modification shall be submitted in writing by the applicant.

(b) Where the provisions of any of the design or construction standards are inappropriate because of the inadequacy of connecting facilities or because of specific site or design situations.

(c) Require more restrictive standards necessary in their judgement to secure the objectives or provisions of this article under certain unique site or design situations.

C. Appeals and challenges. All appeals and challenges shall conform to the requirements and procedures as set forth in the Pennsylvania Municipalities Planning Code, as amended,[1] and as follows:

(1) Appeal from decision of the Board of Supervisors. Any appeal of a decision of the Board of Supervisors must be made within 30 days, or the decision shall be final.

[1] Editor's Note: See 53 P.S. § 10101 et seq.

D. Fees. The Board of Supervisors shall establish, by resolution, and revise from time to time as deemed necessary, a schedule of fees to be paid by the applicant at the time of filing the application/plan.

E. Restrictions. No street or road shall be offered for dedication to Coolbaugh Township until a final plan of such street or road has been approved and all improvements have been constructed and approved as required by this article.

F. Responsibility. The applicant shall be responsible for observing the procedures established in this article and for submitting all plans and documents as may be required.

G. Conflicts. In case of conflicts with other standards, the following shall apply:

(1) Other ordinances. Whenever there is a difference between the minimum standards specified herein and those included in other Township ordinances and/or regulations, the more stringent requirement shall apply.

(2) Conflicting ordinances. All existing ordinances and/or regulations or parts thereof which are contrary to the provisions of this article are hereby repealed to the extent necessary to give this article full force and effect.