[Adopted 5-16-2013 by Ord. No. 2013-03]
In accordance with the provisions of § 2322 of Article XXIII of the Second Class Township Code, as amended, no Township street may be opened, cut, bored, excavated or occupied unless in accordance with a permit granted by the Township for that purpose.
The application for permit shall be on a form prescribed by
the Township and submitted to the Township no later than 21 days prior
to the requested street opening date. The application shall be accompanied
by a fee in accordance with the schedule of fees as established from
time to time by resolution of the Township. In addition, the applicant
shall submit three copies of plans showing such dimensions as the
size and location of the intended utility/facility, width of the traveled
roadway, right-of-way lines and dimensions to the nearest intersecting
street.
The permit application shall be approved or denied within 30
calendar days of submission. Said permit shall be issued by the Township
upon review of the application by the Township's Public Works
Director or the Township's Engineer based on the complexity of
the work to be performed after all the aforementioned requirements
have been filed. Should the application and required documents not
conform to the requirements of the ordinance, the Township shall either
issue a correction notice listing the deficiencies that must be corrected,
or deny the permit application in writing stating the reasons. If
the Township is satisfied that the work conforms to the aforesaid
requirements, the permit shall be issued, and it shall be valid for
60 days from the date of issuance.
At least three days prior to the proposed start of work, the
applicant or his representative shall contact the Pennsylvania One
Call System at 1-800-242-1776, report the proposed work, and obtain
a serial number, and provide such serial number to the Township. No
work shall begin until such date and time as authorized by Pennsylvania
One Call. When feasible the applicant should include a Pennsylvania
One Call serial number on the permit application. Such number can
be obtained in the design process.
This section shall be known as the "West Brandywine Township
Pavement Opening Specifications."
B.
Insurances, bonding and inspection fees.
(1)
Prior to the start of work, the applicant shall furnish a certificate
of insurance naming the Township as an additional insured, with coverage
pursuant to the requirements noted herein.
(2)
Deposit and bonding. Except for entities operating under a franchise
agreement covering an area in whole or in part within the Township,
the application shall be accompanied by a cash deposit or bond with
a surety that is licensed to transact such business in the Commonwealth
of Pennsylvania in double the amount needed, in the judgment of the
Township, to cover the cost of temporary and permanent restoration
and to cover the cost of all inspections made by the Township within
the improved area of the right-of-way of the street resulting from
the permitted work in the event that the Township is required to make
said restoration. The Township may, at its option, permit the applicant
to make said restorations, but a deposit or bond in double the amount
shall nevertheless accompany the application as a guaranty that said
restorations will be made. In either event, the amount of the deposit
or bond shall be established by the Township, and the minimum deposit
amount shall be $500.
(3)
Bonding of public utilities.
(a)
Public utility corporations operating under a franchise agreement
covering an area located in whole or in part within the Township shall
have on file with the Township a bond in the amount of $5,000 or as
may from time to time be established by the Township with a surety
that is licensed to transact such business in the Commonwealth of
Pennsylvania, which bond shall be renewed annually, covering the cost
of temporary and permanent restoration and covering the cost of all
inspections made by the Township pertaining to all openings or excavations
made or to be made in a calendar year or shall furnish a bond in the
amount determined by the Township covering the aforesaid costs pertaining
to proposed openings or excavation set out in the application. The
aforesaid bonds shall have either corporate surety or other surety
approved by the Township and shall be conditioned to indemnify the
Township in the event of any loss, liability or damage that may result
or accrue from or be due to the making, existence or manner of guarding
or constructing any such opening or excavation during the term of
said bond.
(b)
Said bonds shall be approved or disapproved by the Township
in its sole discretion. The bond shall then be filed with the Township.
(4)
Inspection fees. Prior to the start of work, and if deemed necessary
by the Township Engineer, the applicant shall establish with the Township
an inspection escrow as determined by the Township's Engineer
to cover the costs of all inspections that will be necessary throughout
the completion of the project. At any time throughout the project,
should the escrow fall below 25% of its initial amount, said escrow
shall be replenished at an amount recommended by the Township Engineer.
(5)
Exemption. Any municipality authority created by the Township shall
be exempt from filing the permit fees, deposits and bonds and from
the inspection requirements noted herein. Any department of the Township
shall be exempt from all regulations and requirements of this article.
C.
Preconstruction meeting with the applicant to discuss project. A
preconstruction meeting will be held prior to the start of work with
the Township's Public Works Director and the Township Engineer
or representative thereof to discuss the project and what is expected
of the applicant. Other topics to touch upon at this meeting are noted
below:
(1)
Blasting bond and preblast inspections. Should the applicant realize
or anticipate that blasting operations may be necessary in order to
perform the permitted work, an executed blasting bond shall be submitted
to the Township for review. The Township shall determine the amount
of the blasting bond. In addition, the Township shall also determine
the need for preblast inspections of structures or facilities which
may be affected by the permitted work. Costs for said inspections
shall be borne by the applicant.
(2)
Traffic control requirements. When the applicant anticipates that
it will be necessary to close a portion of a street to vehicular traffic
in order to perform the permitted work, the applicant shall provide
a traffic control plan.
D.
Emergency work.
(1)
Permit administration procedure. Emergency repairs involving the
placing of public utility facilities or opening of the surface within
the right-of-way may be performed prior to obtaining a permit, provided
that the following procedure is adhered to:
(a)
The utility shall immediately notify the Township when the necessity
for an emergency repair occurs. If the Township office is closed,
the utility shall notify the Township immediately upon the opening
of the Township office.
(c)
A regular permit shall be applied for within five days to confirm
and set forth, in detail, any emergency work performed.
(d)
All work performed shall conform to the regulations set forth
in this article.
E.
General conditions. The following conditions shall apply to permits
issued pursuant to this article:
(1)
Scope of permit. The permit shall be binding upon the permittee,
its agents, contractors, successors and assigns.
(a)
The permittee shall be responsible for causing compliance with
all terms and conditions of the permit by its agents, contractors
and successors.
(b)
The permit shall be located at the work site and shall be available
for inspection by the Township.
(c)
The permit shall be maintained as a permanent record and remain
in effect, subject to the permit conditions and regulations set forth
in this article, as long as the facilities authorized by the permit
occupy the right-of-way.
(d)
Responsibility for compliance with the terms of the permit cannot
be assigned or transferred by the permittee without first obtaining
approval from the Township. Any facility installed under the authority
of said permit shall be subject to removal or relocation by the Township,
or by its designee, at the expense of the permittee.
(2)
Additional restrictions. All work authorized by the permit is subject
to:
(a)
All applicable federal, state and Township laws, ordinances,
rules and regulations, including but not limited to:
[1]
The act of October 26, 1972 (P.L. 1017, No. 247) (53 P.S. § 1611),
as amended, concerning environmental control measures related to pollution
and the preservation of public natural resources.
[2]
The act of December 10, 1974 (P.L. 852, No. 287) (73 P.S. § 176
- 182), or as amended, concerning protection of the public health
and safety by preventing excavation or demolition work from damaging
underground utility facilities.
[3]
Occupational Safety and Health Administration (OSHA) construction
safety and health regulations, 39 FR 22801, June 24, 1974, as published
in the Federal Register (29 CFR § 1796.1 et seq.) or as
amended and 29 CFR 1926.1-1926.1051 or as amended.
(b)
Any rights of any person.
(c)
The conditions, restrictions and provisions of the permit.
(3)
Township standards.
(a)
The work shall be done at such time and in such manner as shall
be consistent with the safety of the public and shall conform to all
requirements and standards of the Township. 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, upon being notified by the
Township, shall immediately take the necessary steps, at its own expense,
to place the work in condition to conform to such requirements or
standards.
(b)
Whenever any requirement or standard of the Township is superseded
by a requirement or standard of the federal government or of the Commonwealth
of Pennsylvania, the requirement or standard of the federal government
or of the Commonwealth of Pennsylvania, as applicable, shall apply.
(4)
Permittee responsibilities.
(a)
The permittee shall be responsible for all costs and expenses
incident to or arising from the permitted work, including the prescribed
fees for the same, the cost of making and maintaining temporary restoration
of the disturbed areas and making permanent restoration.
(b)
In the event of failure or neglect by the permittee to perform
and comply with the permit or the regulations set forth in this article,
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 that 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, any attorney of any court of record shall be
authorized to appear and to enter an amicable action of ejectment
and confess judgment against the permittee, and the Prothonotary shall
be authorized to issue forthwith a writ of possession with costs,
without leave of court.
(c)
If work is stopped on a project for any reason, other than at
the end of any normal workday, and any excavations or openings, in
the opinion of the Township, remain open for an unreasonable period,
the permittee, if so directed, shall refill the excavations or openings,
and work shall not be resumed until the permittee is prepared to proceed
immediately with the work to its completion. In the event that the
permittee fails to refill the excavations or openings 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.
(d)
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 to this article, 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.
(5)
Altering vegetation prohibited. This permit does not authorize the
permittee to cut, remove or destroy trees or shrubbery within the
right-of-way unless specifically noted on the permit.
(6)
Altering drainage prohibited.
(b)
The issuance of a permit does not authorize the permittee to
direct, divert or otherwise drain surface waters over the property
of any other property owner.
[1]
The issuance of a permit does not in any way relieve the permittee
from acquiring the consent, permission or other authorization from
any property owner who may be adversely affected by drainage alterations.
[2]
The permittee is responsible for any damage caused to any private
or public property as a result of work done under the permit.
(7)
Equipment damage to street or sidewalk.
(a)
To protect the pavement, sidewalk 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.
(b)
In the event that other than rubber-equipped machinery is authorized
for use, the pavement, sidewalk 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.
(c)
If the equipment damages the pavement, sidewalk or shoulders,
the permittee shall restore the pavement, sidewalk or shoulders to
their former condition, at the permittee's expense.
(8)
Traffic protection and maintenance. Maintenance and protection of
traffic shall be carried out in accordance with the requirements of
PennDOT as set forth in Publication No. 208 and Publication No. 213.
(a)
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 the Township and approved by the Township before
the detouring of any traffic.
(b)
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 excavations or openings in the improved area.
(c)
Designated employees of the permittee shall be assigned by the
permittee to direct one-lane traffic. Flagmen shall be provided as
specified in the permit and in accordance with PennDOT Publication
No. 208 and Publication No. 213.
(9)
Streets under construction. No permit application will be approved
for occupancy of a section of right-of-way within which a street 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. The provisions of this subsection shall not apply:
(a)
In case of emergency, in which case the permittee shall procure
the consent of the Township to do such work as deemed necessary to
correct the existing emergency condition in accordance with the article
relating to emergency work; or
(b)
Where the permittee has been authorized by the Township to relocate
or adjust its facilities simultaneously with such street construction.
(10)
Sharing facilities.
(a)
Subsurface. The application shall identify any other utility's
facility that will be sharing a trench or structure with the applicant's
facilities.
(11)
Indemnification. The permittee shall fully indemnify and save
harmless and defend the Township 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
or employee of the permittee or other person engaged or employed in,
about or upon the work by, at the instance or with the approval or
consent of the permittee; from any failure of the permittee or any
such person to comply with the permit or the regulations set forth
in this article; and from the failure, during the two-year period
after completion of the permitted work, of the street in the immediate
area of the work performed under the permit where there is no similar
failure of the street beyond the area adjacent to the area of the
permitted work.
(12)
Insurance. The permittee shall submit to the Township a certificate
of insurance for public liability and property damage, naming the
Township as an additional insured, and 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.
(13)
Blasting. No predrilling or blasting shall be permitted within
the right-of-way, unless authorized by the permit.
(a)
If the permittee proposes to blast, the permittee shall make,
execute and deliver a bond to the Township in an amount determined
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 and all other private and public property for a
period of one year from the date of the completion of the last work
covered by the permit.
(b)
When blasting is anticipated within 100 feet of any building
or structure, a detailed plan of excavating, shoring, blasting and
backfilling procedures shall be submitted with the application to
the Township for review and approval. The Township may require preblast
inspections to be made of all structures or facilities which, in its
opinion, may be affected by the permitted work.
(c)
Only controlled blasting, as specified in PennDOT Publication
408, shall be permitted within the improved area.
(14)
Maintaining structure or facility. As long as the permittee
operates and leaves in place any structure or facility in, upon or
along the right-of-way, the permittee shall maintain and keep it in
good order and repair.
(15)
Damaged structure or facility. 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.
(16)
Damage to street, defects occurring within the area of opening
or excavation and restoration of surface.
(a)
If there is a failure of the street, including slope or any
other appurtenance thereto, in the immediate area of the permitted
work within two years after completion of the permitted work and there
is no similar failure of the street 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.
(b)
If there is a failure of the street, 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 street 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.
(c)
Where the permittee has the responsibility to restore the street,
including slope or any other appurtenance thereto, under any of the
above provisions, 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 original permit. 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, using
Township employees and equipment and/or by contractor, as determined
by the Township in its sole discretion. The permittee shall reimburse
the Township for the costs within 30 days after receipt of the Township's
invoice.
(17)
Future street changes. If at any time in the future the street
in which a permitted structure or facility is installed or constructed
is altered for public convenience or necessity, the owner of the facility
shall, at its own cost and expense, change or relocate all or any
part of the structure or facility authorized by the permit which interferes
with such street alterations or which is inconsistent with the purpose
of the street alterations.
(18)
Approval by 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.
F.
Special conditions: subsurface operations.
(1)
Drilling, boring, driving or tunneling across improved area.
(a)
When crossing under any improved area, the opening for a utility
facility shall be drilled, bored or driven on a horizontal plane at
a minimum depth of three feet below the surface of the street and
its swale ditches.
(b)
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.
(c)
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 PennDOT Design Manual,
Part 5.
(2)
Trenching across improved area.
(a)
No trenching shall be permitted across the improved area, unless
authorized by the permit.
(b)
Trenching across the improved area may be authorized by the
permit where drilling, boring, driving or tunneling is not feasible
because:
[1]
The subsurface is solid rock.
[2]
There are other facilities located longitudinally under the
improved area and their location precludes methods other than trenching.
[3]
Adjacent development in a very congested urban area makes the
construction of a tunneling or boring shaft impossible.
[4]
The Township determines that the disruption to traffic and length
of exposure will be minimal.
(c)
When trenching is specified in the permit and the utility facility
is to be placed across the street in one piece, the trenching operation
shall be performed by the following method:
[1]
Traffic shall be routed over half 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 this section, relating to special conditions: subsurface
operations.
[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 this section,
relating to special conditions: subsurface operations.
(3)
Installation while street closed. If the Township determines that
the duration of trenching operation can be minimized by allowing a
temporary closure of the street, the entire cartway may be opened
to install the facility. The permission to do so must be stated on
the permit.
(4)
Trench openings parallel to street.
(a)
Trench openings for utility facilities and other structures
shall be made so that the near edge of the opening is at least three
feet outside the edge of the cartway, unless the permit authorizes
a lesser clearance, with a minimum depth of three feet from the surface
to the top of the facility.
(b)
No trench opening shall be left open 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 street at the end of any workday, unless authorized
by the permit.
(5)
Plates or bridging required. Except for emergency repairs of utility
facilities or as set forth on the permit, work shall be stopped prior
to peak traffic hours that exist on a particular street on a particular
day. 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. 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.
(6)
Plowing installation of utility facilities.
(a)
No plowing shall be permitted within the right-of-way, unless
authorized by the permit.
(b)
Plowing operations will be authorized only in unpaved shoulders.
(c)
Plowing operations are not allowed from November through March,
inclusive, unless authorized by the permit.
(d)
No plowing shall be permitted within three feet from the edge
of the cartway. A greater distance shall be attained wherever possible.
(e)
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.
(f)
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.
(g)
The disturbed area shall be restored in conjunction with the
plowing operation. If heaving occurs, the disturbed area shall be
reshaped, backfilled with No. 2A modified aggregate and compacted
until the disturbed area is restored to a condition equal to that
which existed before plowing.
(7)
Disposition of materials.
(a)
The permittee shall keep the improved area free of all material
which may be deposited by vehicles traveling upon or entering onto
the street during the performance of work authorized by the permit.
(b)
The permittee shall be responsible for controlling dust conditions
created by its own operations.
(c)
All excess material and material that is not suitable for backfill
shall be removed and disposed of outside the right-of-way as the work
progresses.
(d)
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 or waterway.
(8)
Backfilling. All openings made in the cartway or in paved shoulders
shall be backfilled by the permittee in accordance with the following
minimum standards:
(a)
The opening shall be backfilled with No. 2A modified stone,
compacted in not more than six-inch layers, with approved vibratory
compaction equipment.
(b)
Compaction shall be completed to the bottom elevation of the
existing pavement.
(c)
Temporary or permanent restoration shall be placed at the end
of each working day.
(9)
Restoration of roadway surface. Restoration of pavement shall be
done in accordance with the following as specified on the permit.
(a)
Permanent restoration. Prior to replacement of the pavement,
one foot from each edge of the trench shall be saw cut, in a neat
straight line, to the bottom elevation of the existing asphalt, and
the detached material shall be removed. Drilling shall not be permitted.
All material shall comply with PennDOT Form 408.
[1]
A minimum of eight inches of 2A modified stone base shall be
placed and compacted with approved vibratory compaction equipment.
A Class 4 geotextile shall be placed if one existed.
[2]
A minimum of eight inches of Superpave Asphalt Mixture Design,
HMA Base Course, PG 64-22, 0.3 to 3 Million ESALS, 37.5 mm Mix shall
be placed on the stone subbase.
[3]
The top wearing coat of the adjacent pavement shall be saw cut
an additional one foot width for a depth of two inches. A minimum
of two inches of Superpave Asphalt Mixture Design, HMA Wearing Course,
PG 64-22, 0.3 to 3 Million ESALS, 9.5 mm Mix, SRL-L shall be placed
on the base course. A tack coat shall be placed between the two surfaces
if wearing course is not immediately placed on base course.
[4]
The edges of the repair shall be sealed with the type and class
of material designated for the surface course for a width of 12 inches
centered on the repair joint in accordance with PennDOT Publication
408.
(b)
The Township may require modified specifications if it is determined
during construction that the existing road section is different than
the specifications listed above in Section I. If a concrete road base
is located below the asphalt roadway, the trench restoration must
include a concrete base of similar depth and material.
(c)
Temporary restoration. The 2A modified aggregate backfill material
shall be placed in accordance with this section with a surface of
a three-inch compacted cold patch asphalt. The Township may require
the temporary restoration to be made and kept in place for up to 60
days after backfilling the trench.
(d)
Weather pending, the permanent restoration shall be made within
120 days of roadway opening. Outside air temperatures at time of permanent
restoration shall comply with PennDOT Publication 408 specifications
(40° and rising).
(10)
Shoulder restoration.
(a)
Paved and stabilized shoulders shall be restored in accordance
with the roadway restoration section listed above.
(b)
Unpaved shoulders. Retained material which complies with PennDOT
Publication 408 may be used for backfill, up to within 18 inches of
final grade. The final 18 inches of backfill shall consist of No.
2A modified aggregate. The width of the shoulder shall be no less
than four feet.
(11)
Appurtenances to underground installations.
(12)
Additional restoration.
(a)
All disturbed portions of the street, including all appurtenances
and structures, such as guardrail or drain pipes, shall be restored
to a condition equal to or better than that which existed before the
start of any work authorized by the permit.
(b)
If the permittee opens the street pavement, whether to install
a new facility or to modify an existing facility or for any reason,
and the wearing course is less than seven years old, the permittee
shall, in addition to the minimum restoration conditions outlined
in this section, mill out 1 1/2 inches and overlay the entire
street pavement in accordance with the following conditions:
[1]
When a longitudinal opening longer than eight feet and wider
than two feet is made in the street pavement, the permittee shall
mill out 1 1/2 inches and overlay the traffic lane(s) in which
the opening was made, for the entire length of street that was opened.
[2]
When two or more transverse trench openings are made by the
permittee in the street pavement less than 100 feet apart, the permittee
shall mill out 1 1/2 inches and overlay all traffic lanes in
which the openings were made, for the entire length of the street
between such openings.
[3]
If the Township's Public Works Director or Township Engineer
or a representative thereof finds that the paving surfaces adjacent
to the street excavation are damaged, or where a number of cross cut
trenches are laid in proximity to one another, or where equipment
used by the applicant causes damage to the street or adjacent streets
where the street excavations occur, the Public Works Director or Township
Engineer or their representative may order the permanent restoration
as provided herein to the damaged street from curbline to curbline.
(c)
Regardless of the age of the wearing course, when both longitudinal
and transverse trench openings are made in the street pavement, the
Township may require the permittee to overlay all traffic lanes in
which such openings were made, for the entire length of street that
was opened, if the Township determines that the present serviceability
of the street has been impaired by the openings.
(d)
Any lawn area disturbed as part of the work shall be restored
to the condition prior to the start of work.
[1]
A minimum of six inches of screened topsoil shall be placed
at all locations of lawn restoration.
[2]
Disturbed areas shall be permanently stabilized with quality
seed mixture and straw mulch. Seed mixture shall match existing grass
type.
[3]
Erosion control blanket shall be placed on all slopes that are
3:1 or greater. Blanket must be placed on all areas where erosion
occurs or on locations specified by the Township.
[4]
All wheel ruts created by the construction shall be restored
to the condition prior to the start of work.
G.
Special conditions: aboveground facilities.
(1)
General rule. Permits shall not be issued to install aboveground
facilities which the Township determines to have a high accident potential.
(2)
Location of aboveground facilities.
(a)
New poles, guys and other aboveground facilities shall be installed
outside the street's clear roadside area as near the right-of-way
line as practicable, in accordance with PennDOT Design Manual, Part
5.
(b)
Replacement of poles, guys and other aboveground facilities
shall comply with PennDOT Design Manual, Part 5.
(c)
Installation of poles, guys and other aboveground facilities
in locations where highway curb exists shall comply with PennDOT Design
Manual, Part 5.
(3)
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.
(5)
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.
A.
Enforcement. Any violation of the regulations set forth in this article
shall constitute grounds for imposition of any or all of the following
penalties:
(1)
Upon receipt of verbal or written notice of any violation(s) from
the Township, the permittee shall cease to perform any further work
in the permitted area except to restore the area to a safe condition.
No further work shall commence in the permitted area until the violation(s)
has been remedied. Where the permittee has received verbal notice
of the violation(s), written notice shall be sent to the permittee
within five days of receipt of the verbal notice.
(2)
Confiscation of the applicant's permit or emergency permit by
the Township.
(3)
Revocation of the applicant's permit or emergency permit by
the Township.
(4)
Removal by the utility facilities' owner of facilities installed
without a permit or in violation of the regulations set forth in this
article.
B.
Penalties. Any person who shall violate any provision of this article
shall, upon conviction thereof in a summary proceeding before a District
Justice, be sentenced to pay a fine of not less than $200 nor more
than $1,000, together with costs of prosecution. The continuation
of such violation for each successive day shall constitute a separate
offense, and the person or persons allowing or permitting the continuation
of a violation may be punished as provided above for each separate
offense.
