Township of Upper Makefield, PA Street Opening Permits

The work authorized by this permit shall be done at such time and in such a manner as is consistent with the safety of the public and shall conform to all requirements and standards of the Township. If at any time it is found by the Township that the work is not being done or has not been properly performed, the permittee and/or its contractor, upon being notified in writing by the Township, shall immediately take the necessary steps, at their own expense, toward placing the work in condition to conform to such requirements or standards.

In the event of willful failure or neglect by the permittee and/or its contractor, or their employees, to perform and comply with the conditions, restrictions and provisions of this permit, the Township may revoke and annul this permit and order and direct the permittee and/or its contractor to remove any or all structures or property belonging to the permittee and/or its contractor from the legal limits of the highway right-of-way and to restore the highway right-of-way to the former condition.

If work is stopped on a project for any reason, and any ditch or trench, in the opinion of the Township, remains open for an unreasonable period, the permittee and/or its contractor, if so directed, shall refill the ditch or trench and work shall not be resumed thereon until the permittee and/or its contractor are prepared to proceed with the work until completion. In the event that the permittee and/or its contractor fail 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 subject to reimbursement by the permittee and/or its contractor.

The permittee shall pay all costs and expenses incident or growing out of the project, including the prescribed fees for the same, the cost of making and maintaining the temporary restoration of the disturbed areas and making permanent restoration, and further shall reimburse the Township for any inspection costs which the Township may deem it necessary to incur, and the permittee shall reimburse the Township for such costs within 30 days after receipt of the statement setting other sums expended therefor by the Township.

If the permittee and/or its contractor, after making an opening in the highway to place or repair pipe or for any other purpose, fail to restore any portion of highway right-of-way to conform with specifications of the Township, the Township reserves the right to do the work and bill the permittee for the cost of the restoration.

The permittee will submit to the Township, certificate or certificates of insurance for public liability and property damage, in sufficient amounts 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 facilities, except in those instances where the Township by prior arrangement has authorized the permittee to provide other means of protecting the Township and its employees.

The permission herein granted does not relieve the permittee and/or its contractor from obtaining any consent otherwise required from the owner or owners of the abutting property and does not confer upon the permittee and/or its contractor the right to cut, remove or destroy trees or shrubbery within the legal limits of the highway except under such conditions, restrictions and regulations as the Township may prescribe.

If at any time the structure or facility becomes a hazard from any cause whatsoever, the permittee and/or its contractor shall have the same removed or repaired within 48 hours after receipt of written notification, except at times of extraordinary happenings when extension of such time limit may be given by the Township.

After each and every excavation made by the permittee and/or its contractor in any road or highway right-of-way covered by this permit incident to the erection, repair, resetting or removal of any poles, manholes, conduits, water, steam, oil, gas pipes, sewers or any other obstructions or construction, the permittee and/or its contractor shall, under the supervision and direction of the Township, restore the road to a condition conforming to requirements and/or specifications of the Township. So long as the permittee and/or its contractor operate and leave in place such structures and appliances in, upon or along such highway right-of-way, the permittee and/or its contractor shall maintain and keep in good order and repair the structure and appliances. The permittee covenants and agrees to fully indemnify and save harmless the Township of and from all liability for damages or injury occurring to any person or persons or property at or on such roads 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, or from the failure of the permittee and/or its contractor to comply with the provisions set forth herein.

If at any time in the future the highway is widened or the alignment or grades are changed, the permittee further agrees to change or relocate any part of the structure covered by this permit which interferes with the improvement of the highway, at its own expense, to the extent now or hereafter required by law.

During the time when the highway right-of-way covered by this permit is under process of construction and/or until such road or highway is accepted by the Township, no permittee and/or its contractor shall be authorized to enter upon such highway right-of-way for the purpose of erecting poles, laying conduits, water, steam, oil, gas pipes or sewers, or doing any other work whatsoever which might interfere with the construction of the road or highway, unless such permittee and/or its contractor shall first file with the Township a duly attested certificate signed by the contractor or other authority constructing such road or highway containing the full consent to such proposed work of such permittee and/or its contractor within the lines of the highway right-of-way, together with a satisfactory waiver, release and quit-claim to the Township of all damages and all defenses whatsoever for delays by reason of such work and occupation of such roadway by such permittee and/or its contractor, or from any cause whatsoever resulting by reasons of such work and occupation; provided, that the provisions of this subsection shall not apply in case of emergency, in such case the permittee and/or its contractor shall procure the written consent of the Township to do such work as may be deemed necessary to correct the existing emergency conditions.

Any work done under this permit shall be subject to the conditions, restrictions and provisions of this permit, which shall govern all excavations, openings and trenches for the purpose of making repairs to any poles, conduits, water, steam, oil, gas pipes or sewers or other structures or property and appurtenances thereto, belonging, erected on or in the highway right-of-way.

This permit is issued subject to any additional rights which the Township in which the work is to be done may have in such matters.

After a permit is granted by the Township, it shall not be assigned nor transferred without prior written approval from the Township.

To protect the highway surface or pavement on such projects, all equipment used by the permittee and/or its contractor shall be approved by the Township. Such equipment shall have rubber runners or wheels. In the event that other than rubber-equipped machinery is used, the pavement shall be protected by the use of heavy rubber or similar matting, which shall be a minimum of four inches wider on each side than the tracks or wheels of the equipment used.

Information as to the date and character of construction or reconstruction of the Township road or street may be obtained by contacting the Township.

If in the construction work the permittee will be required to use certain blasting operations in the excavation, the permittee agrees to make, execute and deliver to the Township a bond in the sum stipulated by the Township with surety in the form of a surety company, duly registered and authorized to do business in Pennsylvania, conditioned that the permittee will save harmless the Township from damages whatsoever to its subgrade, subbase, modified subbase, drainage facilities, road metal, and any other installations or matters in, under or upon the highway right-of-way for a period of two years from the date of the completion of the last work covered by this permit.

Maintenance and protection of traffic for work authorized by this occupancy permit must be carried out in accordance with the requirements of the Township. In this connection, the permittee shall provide and maintain all necessary precautions to prevent injury or damage to persons and property from operations covered by this permit. A traffic control plan may be required as directed by the Township.

(1)

Warning signs shall be placed beyond each end of the actual operation in such a manner as to be visible to the traveling public and meet the requirements of the Township. These signs shall display the name of the permittee and/or its contractor on the back of the sign. Special employees shall be assigned by the permittee and/or its contractor to direct traffic when it becomes necessary to limit it one way. Advance permission must be obtained from Township or its authorized representative, before directing traffic through one lane. Substantial barricades with adequate illumination shall be provided and maintained for any open trench or hole in the highway right-of-way in a manner approved by the Township.

(2)

A flagman shall be provided as specified and in accordance with the requirements of the Pennsylvania Department of Transportation.

Any opening or impairment of any nature whatsoever of any improved surface within the Township right-of-way as authorized by Township permit of any kind shall be made in accordance with the following specified provisions:

(1)

Plates or bridging shall be required on all openings made within the improved surface which have a shortest dimension in length or width of six feet or less whenever work cannot be completed prior to peak traffic hours within the same day, or in the manner specified on the permit. The plate or bridging is to be extended a minimum of 18 inches on either side of the opening and tied into the existing cartway.

(2)

A marker for identification showing the name of the permittee or a symbol assigned to the permittee shall be placed at each opening or impairment made for service installations or repairs within the improved surface of Township highways. It shall be placed at the nearest edge of the cut closest to the edge of the improved surface and shown on plans attached to the application.

(3)

The permittee is responsible for all costs and expenses of making and maintaining temporary or permanent restorations of disturbed areas. When permanent restoration is made, the permittee shall be responsible for such areas for any subsequent failure of the highway surface during a period of two years following completion of the permanent restoration work.

No openings for the purpose of placing pipes, lines or other structures under the improved surface of the road or highway by drilling, boring, driving or tunneling shall be made closer than three feet to the edge of the road metal, and trenches for conduits, water, steam, oil, gas pipes, sewers and other obstructions placed parallel with the road or highway shall be dug so that the near edge of the trench is at least three feet outside of the edge of the road metal with a minimum depth of three feet below the surface of the road or highway, unless the Township authorizes in writing a lesser clearance. A greater distance shall be used whenever practical.

In case the road or highway is not paved, the trench shall be placed so that its near edge is at least 15 feet from the general center lines of the traveled road or highway unless authorized as provided in Subsection T hereof. The center line shall be determined by the Township.

The trench for such construction shall not be opened for a distance of more than 500 feet at any one time, unless especially authorized by the Township. At no time shall the permittee be permitted to leave more than 100 feet of trench open at the end of a working day whenever utilizing the shoulder of a Township highway for the utility.

In case it is necessary to cross under any improved road or highway, the opening for a pipe line shall be drilled, board or driven on a horizontal plane at a minimum depth of three feet below the surface of the road or highway, or the structure may be placed otherwise by tunneling when approved by the Township. Trenching shall be authorized by the Township, in writing, where tunneling would be attended with danger to life. Where necessary to cross the improved road or highway by tunneling, the crossing shall be made, except solid rock formation, under 1/2 of the improved road width, and the pipe or structure placed and the hole carefully backfilled with 1:3:6 concrete of a dry consistency, thoroughly tamped, and allowed to stand 24 hours before traffic is permitted to use that half of the road. The second half of the tunneling is to be completed in the same manner, so at least one-way traffic shall be maintained over 1/2 the improved road or highway while the second half is being tunneled. In solid rock formation, the crossing may be made by trenching, when approved by the engineer representing the Township, but not more than 1/2 of the width of the pavement shall be opened, the structure placed, the trench backfilled and tamped with an approved mechanical tamper, unless other methods are approved, before disturbing the remaining 1/2 of the road.

Where a tile drain or other structure or facility is encountered, it shall be replaced or restored by the permittee and/or its contractor in accordance with the prevailing standards of the Township.

The permittee and/or its contractor shall place the top of every manhole so that it shall be even with the elevation of the highway and slope of its shoulder, unless a lower elevation is approved.

All excess excavated material shall be removed and disposed of outside legal limits of the highway as the work progresses, unless the approval of the Township is obtained for disposal of the material within legal limits of the highway. All parts of the highway and various structures disturbed shall be restored to a condition equal to that which existed before starting the work. Guard rails shall be replaced to the present alignment, and any guard posts discolored through the work of the permittee and/or its contractor shall be refinished by washing or repainting.

AA.

All openings required to be made in the cartway or road metal for the installation, renewal, or repair of a utility, including utilities under the control or owned by a municipality, shall be made pursuant to permit or written authorization issued to the municipality by the Township in accordance with the following requirements on backfilling and pavement replacement as specified by Township ordinance or minimum state specifications.

BB.

On highways other than limited-access highways, utility poles, guys and other ground-mounted utility appurtenances shall be placed at least 30 feet from the edge of the traveled roadway where sufficient right-of-way is available. When sufficient right-of-way is not available, the poles shall be placed as near to the right-of-way line as possible. No poles or other overhead structures shall be placed where they will obstruct the view of traffic on the highway, nor within five feet of any warning or direction sign, unless specifically permitted in writing.

CC.

All wires, except power transmission and supply lines, appurtenances or supports attached to poles which cross the highway shall be placed or erected so as to provide a minimum vertical clearance of 18 feet within the right-of-way limits of the highway. Where power transmission and supply lines cross over a highway in urban and rural areas, vertical clearance and other requirements of the National Electrical Safety Code shall be complied with. All guys shall be placed so as to avoid interference with traffic of all kinds on the highway, and shall present a neat appearance when installed. If for electric light or power lines, they shall be adequately insulated at a point not less than 10 feet vertical above the ground. If for telephone lines, when in proximity to electric light or power lines, they shall be adequately insulated at a point not less than eight feet vertical above the ground. An exception is that when guys are permanently grounded in conformity with accepted grounding practice, insulators may be omitted; provided, that the permittee states in the application for the permit the method whereby such guys, when installed, shall be properly grounded, and shall, thereafter, be maintained through periodic inspection of all ground connections. This exception applies primarily to guys exposed to circuits carrying more than 14,000 volts permanently grounded supply circuits using continuous ground wires.

DD.

All poles installed on the right-of-way of a Township highway which requires marking shall be equipped at the time of installation with three size "A" crystal colorless reflector buttons, mounted in a vertical row, spaced six inches apart, six feet above the grade of the crown of the road. The row of buttons shall face approaching traffic, forming an axis with a five-degree angle toward the roadway, as indicated by the current standards of the Pennsylvania Department of Transportation. When present pole markings are in need of replacement or repainting, the reflector buttons shall be installed on those poles, in conformity with aforesaid standards.

EE.

All poles that may be erected shall be numbered and each number, together with the initials of the permittee, shall be plainly designated thereon by and at the expense of the permittee.