[Adopted 7-16-2013 by Ord. No. 256-07-2013[1]]
[1]
Editor's Note: This ordinance also repealed former Art.
I, Openings in Streets, adopted 6-5-1974 by Ord. No. 32, as amended.
This article shall be known and may be cited as the "Road Right-of-Way
Occupancy Ordinance of North Codorus Township."
A.
For the purpose of this article, the following terms, phrases, words
and their derivations shall have the meanings given herein. When not
inconsistent with the context, words used in the present tense include
the future, words in the plural number include the singular number,
and words in the singular number include the plural number. The word
"shall" is always mandatory and not merely directory.
B.
APPLICANT
BOARD OF SUPERVISORS
EXCAVATION WORK
PERMIT
PERMITTEE
PERSON
ROAD
SPECIFICATIONS
TOWNSHIP
TOWNSHIP ENGINEER
UTILITY
As used in this article, the following terms shall have the meanings
indicated:
Any person making written application to the Township for
a right-of-way occupancy permit hereunder.
The Board of Supervisors of the Township of North Codorus,
York County, Pennsylvania.
The excavation and other work permitted under a right-of-way
occupancy permit and required to be performed under this article.
A document issued to an applicant by the Township to authorize
occupancy within a Township road, as defined herein.
Any person who has been granted and has in full force and
effect a road right-of-way occupancy permit issued hereunder.
Any person, firm, partnership, association, corporation,
company or other organization of any kind with the exception of any
of the foregoing which performs work for or on behalf of the Township
or any authority created by the Township.
Any Township public right-of-way occupied by a road, lane,
court, street, highway, alley, avenue, pedestrian walk or other public
way in the Township.
The requirements for excavations, repairs and restoration
set forth in the most current version of the Pennsylvania Department
of Transportation Publication 408, or successor publication.
The Township of North Codorus or its authorized employee,
agent or delegee.
The Township Engineer or Acting Township Engineer of the
Township of North Codorus.
Any public provider regulated by the Pennsylvania PUC of
water, sanitary sewer, gas, electric, cable TV or internet service,
telephone or other utility service.
It shall be unlawful for any person to cut, dig up, break, excavate,
tunnel under, undermine or in any manner damage any road or Township
right-of-way or to make or cause to be made any excavation in or under
the surface of any road or Township right-of-way for any purpose or
to join any private driveway or road to any road or to place, deposit
or leave upon any road or Township right-of-way any earth, stone,
concrete, asphalt or other excavated material obstructing or tending
to interfere with the free use of the road, or to place poles and
cables in such road or Township right-of-way unless such person shall
first have obtained a permit therefor from the Township as herein
provided.
No permit shall be issued unless a written application for the
issuance of same is submitted to the Township. The written application
shall state the name and address of the applicant; the nature, location
and purpose of the excavation or other work; the date of commencement
and date of completion of the work; proof of Pennsylvania One-Call
compliance; and other data as may reasonably be required by the Township.
The application shall be accompanied by plans showing the extent of
the proposed work, the dimensions and elevations of both the exiting
ground prior to said work and of the proposed restored surfaces, the
location of the work and such other information as may be prescribed
by the Township. If, in the opinion of the Township Engineer, the
work to be undertaken by the permittee is such that it will affect
the use of the properties abutting or adjoining the project the permittee,
at the permittee's sole cost and expense, shall notify the affected
property owners or tenants of the proposed work to be done.
Work for which a permit has been issued pursuant to this article
shall commence within 30 days after the issuance of the permit therefor.
If not so commenced, the permit shall automatically be terminated.
Every permit issued hereunder shall expire at the end of the period
of the time specified in the permit. If the permittee shall be unable
to complete the work within the specified time, he shall, prior to
the expiration of the permit, present in writing to the Township a
request for an extension of time, setting forth therein the reasons
for the requested extension. If, in the opinion of the Township Engineer,
such an extension is necessary and has been brought about by no fault
of permittee, the permittee may be granted additional time for the
completion of the work.
Before any permit shall be issued, the applicant shall pay to
the Township a permit fee as established by resolution from time to
time by the Board of Supervisors for any operation requiring a permit
hereunder. No fee shall be returned by the Township under any circumstances.
The Township shall require the applicant to execute an agreement
or provide security, or both, securing restoration and maintenance
of the road or Township right-of-way, as a prerequisite to issuance
of the permit. If security is required, it shall be delivered to the
Township in a form and amount acceptable to the Township and shall
guarantee restoration and maintenance of the road or Township right-of-way
for a period of at least two years after the acknowledged completion
of the permitted work. If the security is executed by a company registered
and authorized to do business in this Commonwealth, the following
documents are acceptable forms of security:
A.
An individual or blanket bond, in a form satisfactory to the Township
Solicitor, executed by the applicant and naming the Township as oblige;
B.
An irrevocable letter of credit, in a form satisfactory to the Township
Solicitor, signed by a bank officer naming the Township as sole beneficiary,
to be honored upon presentment;
C.
An escrow account in a form acceptable to the Township Solicitor;
or
D.
Cash deposit.
A.
A permittee, prior to the commencement of work hereunder, shall furnish
the Township satisfactory evidence in writing that the permittee has
in force and will maintain in force during the performance of the
work and the period of the permit, public liability insurance of not
less than $500,000, for any one person and $1,000,000 for any one
accident and property damage insurance of not less than $250,000 duly
issued by an insurance company authorized to do business in the Commonwealth
of Pennsylvania.
B.
This section shall not apply to the joining of private driveways
or roads to any roads.
The permittee shall take appropriate measures to assure that
during the performance of the work, traffic conditions, as close to
normal as practicable, shall be maintained at all times so as to cause
as little inconvenience as possible to the occupant of the abutting
properties and to the general public, provided that the Township may
permit the closing of roads to all traffic for a period of time prescribed
by it if, in its opinion, it is necessary. The permittee shall route
and control traffic, including its own vehicles, as directed by the
police department serving the Township. The following steps shall
be taken before any highway may be closed or restricted to traffic:
A.
At least 48 hours prior to rerouting of traffic, the permittee shall
notify the applicable Fire Department, Police Department, school district
and Township Public Works Department of any road proposed to be closed.
B.
Upon completion of construction work, the permittee shall notify
the Township, the Police Department, Fire Department and school district
before traffic is moved back to its normal flow so that any necessary
adjustments may be made.
C.
In all cases, flagmen shall be furnished by the permittee at its
own expense. Through traffic shall be maintained without the aid of
detours, if possible. In instances in which this would not be feasible,
the Township shall designate detours, which must be appropriately
signed and posted by the permittee at permittee's expense. The
Township shall maintain roadway surfaces of existing highways designated
as detours without expense to the permittee, but in case there are
no existing highways the permittee shall construct all detours at
its expense and in conformity with the specifications of the Township
Engineer. The permittee shall be responsible for any damage caused
to any road or Township right-of-way by the operation of its equipment.
The work shall be performed and conducted so as not to interfere
with access to fire stations and fire hydrants. Materials or obstructions
shall not be placed within 15 feet of fire hydrants.
The permittee shall utilize and maintain suitable trench stabilization
to reduce risk of collapse of trenches or other excavations in order
to keep potential damage to roads and risks to traffic at a minimum.
The permittee shall construct and maintain adequate and safe crossings
over excavations and across roads under improvement to accommodate
vehicular and pedestrian traffic at all road intersections. Vehicular
crossings shall be constructed and maintained of steel plates of adequate
size secured in place to accommodate vehicular traffic safely. Compliance
with specifications shall be required.
A.
The permittee shall not interfere with any existing utility without
the written consent of the utility company or person owning the utility.
If it becomes necessary to remove an existing utility, this shall
be done by the utility. The cost of moving utilities shall be borne
by the permittee unless it makes other arrangements with the person
owning the utility. The permittee shall support and protect by appropriate
structural members and/or systems all pipes, conduits, poles, wires
or other apparatus which may be in any way affected by the excavation
work and do everything necessary to support, sustain and protect them
under, over, along or across said work. In the event any of said pipes,
conduits, poles, wires or apparatus should be damaged, they shall
be repaired by the agency or person owning them and the expense of
such repairs shall be charged to the permittee, and his or its bond
and cash deposit shall be liable therefor. The permittee shall be
responsible for any damage done to any public or private property
by reason of the breaking of any water pipes, sewer, gas pipe, electric
conduit or other utility and its bond and cash deposit shall be liable
therefor. The permittee shall inform itself as to the existence and
location of all underground utilities and protect the same against
damage.
B.
In the event a utility must be relocated due to work of the Township,
the owner of the utility shall relocate the same within 120 days of
written notification from the Township or Township Authority. The
utility shall bear the costs of relocation pursuant to applicable
law.
The permittee shall at all times and at his or its own expense
preserve and protect from injury any adjoining property by providing
proper foundations and taking other measures suitable for the purpose.
Where in the protection of such property it is necessary to enter
upon private property for the purpose of taking appropriate protective
measures, the permittee shall obtain written permission from the owner
of such property for such purpose. The permittee shall at its own
expense shore up and protect all buildings, walls, fences or other
property likely to be damaged during the progress of the work and
shall be responsible for all damage to public or private property
or streets resulting from its failure properly to protect and carry
out said work. Whenever it may be necessary to trench through any
lawn area, compliance with specifications is required. All construction
and maintenance work shall be done in a manner calculated to leave
the lawn area clean of earth and debris and in a condition as nearly
as possible to that which existed before such work began. The permittee
shall not remove, even temporarily, any trees or shrubs which exist
in parking strip areas or easements across private property without
first having notified and obtained the consent of the property owner
or, in the case of public property, the Township.
The permittee shall erect such fence, railing or barriers about
the site of the work as shall prevent danger to persons using the
Township roads, rights-of-way or sidewalks, and such protective barriers
shall be maintained until the work shall be completed or the danger
removed. At twilight, there shall be placed upon such place of work
and upon any excavated materials or structures or other obstructions
to roads or Township rights-of-way suitable and sufficient lights
which shall be kept burning throughout the night during the maintenance
of such obstructions. It shall be unlawful for anyone to remove or
tear down the fence or railing or other protective barrier or any
lights provided there for the protection of the public.
All work shall be in conformance with the specifications, which
may be amended by the Pennsylvania Department of Transportation from
time to time.
A.
Permanent restoration of a road or Township right-of-way shall be
made by the permittee in strict accordance with the specifications.
B.
If the permittee opens pavement having bituminous concrete surface
and the Township's wearing course is less than five years old,
the permittee shall, in addition to the restoration conditions outlined
in the permit and in this section, overlay the pavement in accordance
with the following conditions:
(1)
When any openings have been made by the permittee within the
paved area, the permittee shall overlay the traffic lanes in which
the openings were made, for 100 feet in either direction from the
edges of excavation.
(2)
If disturbed lanes adjacent to shoulders are overlaid, the shoulder
shall be raised, with material and in a manner authorized by the Township
for the type of existing shoulder, so that the overlaid pavement and
shoulder edges are at the same elevation.
C.
Regardless of the age of the wearing course:
(1)
When any openings have been made by the permittee within the
paved area, the permittee may be required, at the sole discretion
of the Township, to overlay the traffic lanes in which the openings
were made, for 100 feet in either direction from the edges of excavation.
(2)
If disturbed lanes adjacent to shoulders are overlaid, the shoulder
may be required to be raised, at the sole discretion of the Township,
with material and in a manner authorized by the Township for the type
of existing shoulder, so that the overlaid pavement and shoulder edges
are at the same elevation.
D.
Acceptance or approval of any work by the Township shall not prevent
the Township from asserting a claim against the permittee under the
cash deposit hereunder for incomplete or defective work if discovered
within 24 months from the acknowledged completion of the work. The
Township's presence during the performance of any work shall
not relieve the permittee of its responsibilities hereunder.
A.
If the permittee shall have failed to restore the surface of the
road or Township right-of-way to its original and proper condition
upon the expiration of the time fixed by such permit or shall otherwise
have failed to complete the excavation or other work covered by such
permit, the Township, if it deems it advisable, shall have the right
to do all work and things necessary to restore the street and to complete
the excavation or other work. The permittee shall be liable for the
actual cost thereof plus 15% of such cost in addition for general
overhead and administrative expenses. The Township shall have a cause
of action for all fees, expenses, including but not limited to reasonable
attorney's fees, as well as any other amounts paid out and/or
due it for such work and shall apply in payment of the amount due
it any funds of the permittee deposited as herein provided.
B.
It shall be the duty of the permittee to guarantee and maintain the
site of the excavation or other work in the same condition it was
prior to the excavation for two years after restoring it to its original
condition.
No more than 500 feet measured longitudinally shall be opened
in any road at any one time until the surface of the road is restored
to a condition safe and convenient for travel. Trenches shall be braced
and sheathed according to generally accepted safety standards for
construction work. No timber bracing, lagging, sheathing or other
lumber shall be left in any trench.
Each permittee shall conduct and carry out the excavation work
in such manner as to avoid unnecessary inconvenience and annoyance
to the general public and occupants of neighboring property. The permittee
shall take appropriate measures to reduce to the fullest extent practicable,
in the performance of the excavation work, noise, dust and unsightly
debris and during the hours of 8:00 p.m. and 7:00 a.m. shall not use,
except with the express written permission of the Township or in case
of an emergency as herein otherwise provided, any tool, appliance
or equipment producing noise of sufficient volume to disturb the sleep
or repose of occupants of the neighboring property.
If, in its judgment, traffic conditions, the safety or convenience
of the traveling public or the public interest require that the excavation
work be performed as emergency work, the Township shall have full
power to order, at the time the permit is granted, that a crew of
men and adequate facilities be employed by the permittee 24 hours
a day until the completion of such excavation work so that it may
be completed as soon as possible.
In the event of any emergency in which a sewer, main, conduit
or utility in or under any street breaks, bursts or otherwise is in
such condition as to immediately endanger the property, life, health
or safety of any individual, the person owning or controlling such
sewer, main, conduit or utility, without first applying for and obtaining
permit hereunder, shall immediately take proper emergency measures
to cure or remedy the dangerous conditions for the protection of property,
life, health and safety of individuals. However, such person owning
or controlling such facility shall apply for an excavation permit
not later than the end of the next succeeding day during which the
Township office is open for business and shall not proceed with permanent
repairs without first obtaining permit hereunder.
The permittee shall not disturb any surface monuments or hubs
found on the line of work unless ordered to do so by the Township.
Upon completion of such work, permittee shall be solely responsible
to reset such surface monuments or hubs disturbed in their exact location
and permittee shall be liable for any and all costs, including costs
of surveying to reset such surface monuments or hubs.
The Township, or its agents, shall make such inspections as
are reasonably necessary in the enforcement of this article. The Township
shall have the authority to promulgate and cause to be enforced such
rules and regulations as may be reasonably necessary to enforce and
carry out the intent of this article.
Users of subsurface street space shall maintain accurate drawings,
plans and profiles showing current and abandoned installations. Corrected
maps shall be filed with the Township within 60 days after new installations,
changes or replacements are made.
The provisions of this article shall not be applicable to any
work under the direction of competent Township authorities by employees
of the Township or by any contractor of the Township performing work
for and on behalf of the Township or the Township Authority necessitating
openings or excavations in roads or Township rights-of-way.
This article shall not be construed as imposing upon the Township
or any official or employee any liability or responsibility for damages
to any person injured by the performance of any work for which a permit
is issued hereunder; nor shall the Township or any official or employee
thereof be deemed to have assumed any such liability or responsibility
by reason of inspections authorized hereunder, the issuance of any
permit or the approval of any work.
A.
Any permit issued under this article may be revoked by the Township
after notice for violation of any condition of the permit or violation
of any provision of this article or any other applicable ordinance
or law relating to the work.
B.
In the event that any work performed by or for a permittee shall,
in the opinion of the Township, be unsatisfactory and the same shall
not be corrected in accordance with its instructions within the time
fixed by it or in the event that the work for which the permit was
granted is not completed within the time fixed by the Township, the
Township may proceed to correct such unsatisfactory work or complete
or cause to be completed any such work not completed and charge the
costs thereof, plus 15% of such costs, to the permittee or his surety.
Written notice of such violation shall be served upon the person to
whom the permit was granted or his agent or employee engaged in the
work. Such notice shall also contain a brief statement of the reasons
for revoking such permit. Notice may be given either by personal delivery
thereof to the person to be notified or by United States Mail addressed
to such person to be notified.
Any person who shall violate the provisions of this article
shall be subject to a summary criminal proceeding before the magisterial
district justice as provided by the Pennsylvania Rules of Criminal
Procedure, as may be amended from time to time. Upon a finding of
a violation and guilt, a fine of not less than $450 and not more than
$1,000, plus costs of prosecution, including court costs and reasonable
attorney fees incurred by the Township as a result of such violation
shall be imposed, and such person may be subject to imprisonment of
up to 30 days in the event such fines and costs remain unpaid. Each
day or portion thereof that such violation continues or is permitted
to continue shall constitute a separate offense, and each section
of this article that is violated shall constitute a separate offense.
