For the purposes of this article, the following terms shall
have the meanings set forth below:
DETOUR
To send traffic by a circuitous route around a portion of
a roadway that has been closed in accordance with PennDOT Publication
213, Work Zone Traffic Control.
EMERGENCY SITUATION
A situation or event such as breakage of a utility line,
which presents an imminent hazard to the public health, safety and
welfare. Not included in this definition are the routine placement
or replacements of service facilities which are being constructed
or replaced as part of normal expansion or routine maintenance activities.
FRANCHISED ORGANIZATIONS
An organization providing a service under the authority of
a franchise granted by Peters Township.
INSPECTOR
The Township's authorized representative assigned to
inspect permit operations.
NOTIFICATION
This may be done by normal mail, registered letter or personally
delivered written notice.
PERFORMANCE BOND
Security submitted to the Township which guarantees that
all work required as part of an approved permit will be satisfactorily
completed. An acceptable security at the option of the Township can
be a letter of credit, certified check or escrow agreement with institutions
authorized to provide such securities in Pennsylvania. Said security
must be made payable to Peters Township.
PLANS
Drawings which show the location, character and dimensions
of the proposed occupancy and related highway features, including
layouts, profiles, cross sections and other details.
PUBLIC STREET
Any street, avenue, boulevard, road, right-of-way, lane,
alley, court or walkway used or intended for use by vehicular or pedestrian
traffic which has been dedicated to and accepted for public purposes
by Peters Township, provided however, that this term shall not include
streets, roads, highways, walkways, or rights-of-way owned maintained
or under control of other governmental agencies, or any privately
owned streets.
PUBLIC UTILITY
A business or service which is engaged in regularly supplying
the public with some commodity or service which is of public consequence
and need, such as electricity, gas, water, communications.
TOWNSHIP STANDARDS
Construction details and specifications for improvements
contained in the Code of Township Ordinances, latest revision.
TUNNEL
To perform work which utilizes equipment that tunnels or
bores beneath the cartway, sidewalk driveway, driveway apron or other
areas of the Township road or right-of-way. Not included and not permitted
for use in tunneling unless specifically authorized is use of pneumatic
mole.
It is in the public interest to regulate the location and construction
of utility facilities and other structures within public road rights-of-way
for the purpose of insuring the structural integrity of the roadway,
economy of maintenance, preservation of proper drainage and safe and
convenient passage of traffic.
It shall be unlawful to open, cut, trench, bore or dig in any
public street or right-of-way without having first obtained a permit
in accordance with the provisions of this article, and that all work
performed which relates to such activities shall be performed in compliance
with the provisions hereof; provided, however, that nothing contained
in this section shall prevent a public utility from making cuts or
openings in public streets or public easements in emergency situations
threatening the health or safety of any person, and, in such case,
said permit shall be secured as soon as practicable after the repair
necessitated by the emergency has commenced.
Emergency repairs involving the placing of facilities or opening
of the surface within the right-of-way may be performed prior to obtaining
a permit if the following procedure is followed:
A. Prior to opening the surface or placing utility facilities within
the right-of-way, the utility facility owner or operator shall promptly
notify the Township Public Works Department and Township Police by
telephone, when the necessity for an emergency repair occurs.
B. A permit shall be applied for within five days to confirm and set
forth, in detail, any work performed.
C. Work performed under authority of an emergency permit shall conform
to this article.
The following conditions apply to permits issued under this
article:
A. Scope of permit. The permit is binding upon the permittee, its agents,
contractors, successors and assigns.
(1) The permittee is responsible for causing compliance with the terms
and conditions of the permit by its employees, agents and contractors.
(2) The permit shall be located at the work site and be available for
inspection by a police officer or representative of the Township.
(3) The permit shall be maintained by the permittee as a permanent record
and remain in effect, subject to the permit conditions and this chapter,
as long as the permittee's facilities authorized by the permit
occupy the right-of-way.
(4) Responsibility for compliance with the terms of the permit may not
be assigned or transferred by the permittee without first obtaining
approval from the Township. If a permit is assigned or transferred
without first obtaining approval from the Township, the assignment
or transfer is void. The permit assigned or transferred also becomes
void. A facility installed under the authority of the permit shall
be subject to removal at the expense of the applicant to which the
permit was issued or its assignees, or both.
(5) The permittee is liable to the Township for failure to comply with
the permit and this chapter. The liability of the permittee to the
Township does not preclude the permittee or the Township from bringing
an action against the permittee's contractor, subcontractor,
engineer, architect, assignee, agent, workers, employees or other
persons.
B. Work to conform to Township standards. Work shall conform to Township
standards, including the following:
(1) The work shall be done at a time and in a manner consistent with
the safety of the public and conform to requirements and standards
and details of the Township.
(2) If it is found by the Township that the work is not being done or
has not been properly performed, the permittee shall promptly take
the necessary steps, at its own expense, to place the work in condition
to conform to the requirements or standards.
(3) If a dispute arises between the permittee and the Township's
inspector or representative, the Township's inspector or representative
has the authority to suspend work until the question at issue may
be referred to and decided by the Township administration or public
works departments.
C. Permittee responsibilities. Permittee responsibilities include the
following:
(1) The permittee shall pay the costs and expenses incident to or arising
from the project, including the prescribed application fees, inspection
fees, and financial security for the project, the cost of making and
maintaining temporary restoration of the disturbed areas and making
permanent restoration. If inspection costs exceed the amount placed
in escrow at the time of permit issuance, the permittee shall reimburse
the Township for inspection costs which the Township deems necessary
to incur within 30 days after receipt of the Township's invoice.
(2) In the event of failure or neglect by the permittee to perform and
comply with the permit or this chapter, the Township may immediately
revoke and annul the permit and order and direct the permittee to
remove structures, equipment or property belonging to the permittee
or its contractors, or both, from the legal limits of the right-of-way
and to restore the right-of-way to its former condition.
(3) At the end of a workday, an opening in the right-of-way shall be covered, backfilled or protected under §
376-33 (relating to special conditions; subsurface operations). If work is stopped on a project, other than at the end of a normal workday, the permittee shall promptly backfill the opening and restore the surface, and work may not be resumed until the permittee is prepared to proceed with the work to its completion. If the permittee fails to backfill the opening or proceed until completion of the work, the Township reserves the right to do the work upon notice to the permittee, where practicable, and shall be reimbursed for the costs by the permittee within 30 days after receipt of the Township's invoice.
(4) If the permittee, after making an opening in the surface to place
or repair a facility or for another purpose, fails to restore a portion
of the right-of-way to conform with this chapter, the Township reserves
the right to do the work upon notice to the permittee, if practicable,
and the permittee shall reimburse the Township for the costs within
30 days after receipt of the Township's invoice.
(5) If backfill or restoration work will be performed for the permittee
by a contractor, the permittee shall identify to the Township both
its contractor and its inspector-in-charge who shall be assigned to
monitor backfill and restoration work performed within the improved
area. The permittee's inspector-in-charge, as well as the permittee,
is responsible for ensuring work is performed in compliance with the
permit, this chapter and Township standards.
(6) Resident notification. The permittee shall notify all affected residents
in or adjacent to the work area by United States Mail or hand-delivered
notice apprising them of the nature of the work, schedule and any
pertinent details such as detours, traffic restrictions, service interruptions,
etc.
(7) Preconstruction conference. The permittee shall notify the Township
at least two weeks prior to the anticipated start of work. Then, a
preconstruction meeting will be held at the Township with the permittee
and his contractor to review permit conditions, details, schedule,
traffic control, detours, contact information etc. A permitted start
date will be determined by the Township at the meeting.
D. Altering drainage prohibited. Altering drainage shall be prohibited
by the following conditions:
(1) Unless specifically authorized by the permit, the permittee may not:
(a)
Alter the existing drainage pattern or the existing flow of
drainage water.
(b)
Direct additional drainage of surface water toward, onto, or
into or in any way affect the roadway right-of-way or roadway facilities.
(2) The permit does not authorize the permittee to direct, divert or
otherwise drain surface waters over the property of another property
owner.
(a)
The permit does not relieve the permittee from acquiring the
consent, permission or other authorization from a property owner who
may be adversely affected by drainage alterations.
(b)
The permittee is responsible for damage caused to property owners
as a result of work done under the permit.
(3) A permit will not be issued to authorize the discharge of water into
the right-of-way unless the water is surface drainage.
E. Equipment damaging roadway. A roadway shall be protected in accordance
with the following:
(1) To protect the pavement and shoulders, equipment shall have rubber
wheels or runners and have rubber, wood or similar protective pads
between the outriggers and the surface unless otherwise authorized
by the permit.
(2) If other than rubber-equipped machinery or equipment is used, the
pavement and shoulders shall be protected from equipment damage by
the use of matting or other suitable protective material, unless the
permittee requests, in writing, a waiver from the use of protective
material, thereby acknowledging its obligation and commitment to repair
or reconstruct the pavement and shoulder, if damaged, to its former
condition.
(3) If the equipment damages the pavement or shoulders, the permittee
shall restore the damaged pavement or shoulder, or both, to its former
condition, in a manner authorized by the Township.
F. Work zone traffic control. Maintenance and protection of traffic
shall be carried out by the permittee in accordance with PennDOT Publication
213, Work Zone Traffic Control (relating to erection of traffic-control
devices while working), and the approved traffic control plan submitted
with the permit application.
G. Roadways under construction. No permit application will be approved
for occupancy of a section of right-of-way within which a roadway
construction, resurfacing, or reconstruction project is underway.
Also, no permit will be approved if a contract for such a project
has been let, until the project is completed and accepted by the Township.
This subsection does not apply:
(1) To an emergency. In an emergency, the permittee shall procure the consent of the Township to do the work as deemed necessary to correct the existing emergency condition under §
376-31 (relating to emergency work).
(2) If the permittee has been authorized by the Township to relocate
or adjust its facilities simultaneously with roadway construction.
H. Indemnification and insurance.
(1) The permittee shall fully indemnify and save harmless and, if requested,
defend the Township, its officers, agents and employees, of and from
liability for damages or injury to persons or property in a claim
or suit seeking to impose liability on the Township, its officers,
agents or employees, arising out of an act or omission of a contractor,
agent, servant, employee or person engaged or employed in, about or
upon the work, by, at the instance of or with the approval or consent
of the permittee, including a failure of the permittee or a person
to comply with the permit or this chapter.
(2) The permittee shall have the Township added as an additional insured to its or its contractor's insurance policy to secure the permittee's indemnification of the Township for property damage and personal injury under this subsection. The coverage of the Township as an additional insured shall be limited to the acts or omissions of the permittee or its contractor, as described in Subsection
H(1). The amount of insurance shall be at least $250,000 per person and at least $1,000,000 per occurrence. The policy shall be of a duration satisfactory to the Township.
(3) Prior to permit issuance, the permittee shall deliver to the Township certificates of insurance evidencing that the coverage required under Subsection
H(2) has been obtained. The Township may accept a formalized plan of self-insurance as a substitute for the insurance described in this subsection.
I. Maintaining structure or facility. As long as the permittee operates
and leaves in place structures or facilities, in, upon or along the
right-of-way, the permittee shall maintain and keep them in good order
and repair.
J. Damaged structure or facility to be repaired. If a structure or facility
becomes damaged, the permittee shall promptly have it removed, repaired
or otherwise made safe. The permittee is responsible for repair or
restoration of the portion of the highway damaged by a structure or
facility in accordance with this article.
K. Damage to roadway and rectification of defects. Responsibility of
the permittee for restoration of the roadway and rectification of
any defective work includes the following:
(1) If there is a failure of the roadway, including a slope or other
appurtenance thereto, in the area of the permitted work within two
years after the acknowledged completion of the permitted work and
there is no similar failure of the highway beyond the area of the
permitted work, the permittee has absolute responsibility to make
temporary and permanent restoration of this area unless the permittee
delivers clear and convincing evidence to the district office demonstrating
that the highway failure was caused by another person.
(2) All restoration work involving any public street shall be performed
in accordance with current Township standards. When notice requiring
repair or maintenance is given by the Township concerning permit work,
and the applicant shall fail or neglect to make repairs within 14
calendar days of such notice, such action shall constitute grounds
for the Township to use available cash securities to perform such
work. Further, this shall constitute a violation of this article.
(3) The obtaining of a bond, other security or an agreement described in §
376-30B to secure restoration costs does not relieve the permittee of the restoration obligations imposed by Subsection
K(1) and
(2), nor does it relieve the permittee of its obligations under Subsection
H. The obtaining of a bond, other security or an agreement will not act as a release of the permittee from liability under principles of tort law with respect to a failure of the highway in the permitted area occurring after the expiration of the bond, other security or agreement.
L. Future roadway changes. If 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 a part of the structures or
facilities authorized by the permit which interfere with the roadway
alterations or which is inconsistent with the purpose of the roadway
alterations.
M. Acknowledgment by inspector. Acknowledgment, by the inspector of
the Township that all or part of the permitted work has been completed,
does not constitute approval or acceptance of the work or agreement
that the work was performed in accordance with the permit. Acknowledgment
of completion by the inspector will not act as a release of the permittee
or waiver by the Township of its right to seek performance or restitution
from the permittee.