[Ord. 1998-1, 1/13/1998, § I]
In accordance with the provisions of Article XXIII, § 2322, of the Second Class Township Code, as amended, no railroad or street railway shall hereafter be constructed upon any Township road, nor shall any railroad or street railway crossings, driveway connections, nor any gas pipe, water pipe, electric conduits or other piping be laid upon or in, nor shall any telephone, telegraph or electric light or power poles or any coal tipples or other obstructions be erected upon any portion of a Township road right-of-way by any person, firm, corporation, utility or municipal authority without first obtaining a permit from Manchester Township.
[Ord. 1998-1, 1/13/1998, § II]
1. 
The application for a permit shall be on a form prescribed by Manchester Township and shall be submitted in triplicate.
2. 
The applicant shall also submit three copies of a sketch showing the location and dimensions of the intended facility or driveway, the width of the improved roadway, the right-of-way of the street and the distance to the nearest intersecting street.
3. 
A fee, payable to Manchester Township, for the issuance of the permit shall accompany each application. The fee shall be established by resolution of the Board of Supervisors of Manchester Township and shall be in accordance with the fee schedule established by Pennsylvania Department of Transportation for highway occupancy permits.
4. 
At the time of application, in addition to the permit fee, the applicant shall pay to Manchester Township, a fee to cover the cost of inspecting the permitted work upon completion thereto, to ensure compliance with the conditions, restrictions and regulations prescribed by Manchester Township. The aforesaid fee shall be established by resolution of the Board of Supervisors of Manchester Township and shall approximate the reasonable cost of such inspection.
[Ord. 1998-1, 1/13/1998, § III]
Provided applicant has complied with all Township application requirements, Manchester Township, shall within five working day following receipt of a completed application, sketches and appropriate fees, approve the application and issue a street occupancy permit if the application conforms to the requirements of this Part. If the application is not in conformance with this Part, Manchester Township shall deny such permit and notify the applicant of the reasons for denial.
[Ord. 1998-1, 1/13/1998, § IV]
1. 
Nothing in this Part shall preclude the opening of any roadway for emergency repairs necessary for the safety of the public or the restoration or continuance of a public utility or other public service.
2. 
Emergency openings shall be permitted without first obtaining a street occupancy permit.
3. 
The person, firm, corporation, utility or municipal authority shall notify Manchester Township of any work to be performed or that has been performed on an emergency basis and an application for a street occupancy permit and all applicable fees shall be submitted as herein prescribed within five days following the completion of the emergency work. Thereafter, the provisions of this Part shall apply, except for the flowable fill requirement. To protect the public safety and facilitate restoration of the trench, emergency openings may be backfilled with Pa. No. 2A crushed aggregate and compacted. The temporary bituminous surface shall be a minimum of two inches thick. Final restoration shall occur within 90 days.
[Ord. 1998-1, 1/13/1998, § V; as amended by Ord. 2007-04, 8/14/2007, §§ 1 — 4]
1. 
Responsibility of Permittee.
A. 
The permittee shall be responsible to ensure compliance with all terms and conditions of the permit by its agents, contractors and successors.
B. 
A copy of the permit must be posted on the job site or must be in the possession of the workmen on the job. The permit shall be produced upon request to any authorized employee of Manchester Township.
C. 
The permittee shall have the responsibility for complying with the provisions of Act 287, Act of December 10, 1974, P.L. 852, 73 P.S. § 176-182, regarding notification of excavation work. Compliance with this Part is not compliance with the provisions of said Act, and Manchester Township assumes no liability should permittee fail to comply with the provisions of said Act.
2. 
Maintaining a 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 of a Township highway, the permittee shall maintain and keep the structures or facilities in good order and repair.
3. 
Maintaining Traffic.
A. 
Whenever possible, the permittee shall maintain the normal traffic flow.
B. 
The permittee shall, prior to the commencement of and during the work authorized by the permit, including the work done on an emergency basis, erect traffic warning signs in accordance with Pennsylvania Department of Transportation, Publication 203, Work Zone Traffic Control.
C. 
In all locations, where normal traffic flow is to be restricted, it shall be the responsibility of the permittee, prior to the commencement of the work, to notify the Northern Regional Police Department of the location, nature, date(s) and hours that normal traffic flow is anticipated to be restricted by the work.
D. 
In any location where a road opening, cut or other permitted work restricts the movement of emergency vehicles, the permittee, prior to the commencement of the work, shall notify York County Control (911) of the location, noting intersecting streets, nature, date(s) and hours of the anticipated restriction.
E. 
All emergency work on any roadway that causes restrictions or disruptions of normal traffic flow shall immediately be reported to the above agencies by the permittee.
F. 
The permittee shall notify the above agencies when normal traffic flow is restored.
4. 
Disposition of Materials.
A. 
The permittee shall keep the improved area of the roadway free of all material which may be deposited by vehicles traveling upon or entering onto the highway during the work authorized by to permit.
B. 
The permittee shall be responsible for controlling dust and mud conditions created by the permitted work.
C. 
As the work progresses, all excess excavated materials and materials that are not suitable for backfill shall be removed and properly disposed of by the permittee.
D. 
All material suitable for backfill shall be placed or stored on the side of the operation away from traffic, unless otherwise authorized by Manchester Township and shall be stored in a manner so as not to interfere with the flow of water in any gutter, drain, pipe, culvert, ditch or waterway.
5. 
Method of Construction.
A. 
Lateral Utility Crossings from Edge of Cartway to Edge of Cartway on Roadways That Have Been Built or Overlayed Within the Last five Years.
(1) 
Boring.
(a) 
When crossing under any improved area, the opening for a utility facility shall be drilled, bored, drive or tunneled on a horizontal plane at a minimum depth of three feet from the surface of the highway, including its swale ditches, to the top of the opening.
1) 
[Reserved]. [Ord. 2007-04]
2) 
Wet boring shall be prohibited.
(b) 
No boring or receiving pit 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, justified by conditions, authorizes a lesser clearance.
(c) 
Facilities and other structures crossing 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 affect future maintenance or replacement.
(2) 
Open Cut Trenching Across Improved Area. Trenching across improved area shall consist of the following:
(a) 
No open cut trenching shall be permitted across the improved area, unless authorized by the permit.
(b) 
Open cut trenching across the improved area may be authorized by the permit where drilling, boring, driving or tunneling are 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 is a very congested urban area makes the construction of a tunneling, boring or receiving pit impossible.
(c) 
Backfilling and Paving. All streets shall be restored following completion of work in accordance with the Manchester Township construction and materials specifications adopted by resolution of the Board of Supervisors of Manchester Township in effect at the time of such restoration.
B. 
Lateral Utility Crossing from Edge of Cartway to Edge of Cartway on Roadways That Have Not Been Overlayed Within the Last five Years or Crossings from Facilities Located Within the Cartway.
(1) 
Open trenching may be permitted when authorized by the permit.
(a) 
Backfilling and Paving. All streets shall be restored following completion of work in accordance with the Manchester Township construction and materials specifications adopted by resolution of the Board of Supervisors of Manchester Township in effect at the time of such restoration.
C. 
Open Cut Trenches Parallel to the Cartway.
(1) 
Open cut trenches for utility facilities and other structures shall be made so that the near edge of the trench is at least three feet away from the edge of the roadway, unless the permit authorizes a lesser distance, with a minimum depth of three feet from the surface of the roadway or invert of the drainage swale to the top of the facility.
(2) 
Open cut trenches within 18 feet of the center line of the existing cartway on streets and roads with a fifty-foot right-of-way and within 14 feet of the center line of the existing cartway on streets with a thirty-three-foot right-of-way streets shall be restored following completion of work in accordance with the Manchester Township Construction and Materials Specifications adopted by resolution of the Board of Supervisors of Manchester Township in effect at the time of such restoration.
6. 
Above Ground Facilities. Permits will not be issued to install above ground facilities which:
A. 
Manchester Township determines to be hazardous or potentially hazardous to the general public.
B. 
Interfere with the clear sight vision of motorists at intersecting highways or roads.
C. 
Fall within the proposed construction area of either road widening or curb construction.
7. 
Driveways.
A. 
Driveways entering upon any Pennsylvania State highway shall not be constructed unless and until a highway occupancy permit shall have been issued therefor by the Pennsylvania Department of Transportation and said highway occupancy permit shall be provided to the Township at the time of making application for the Manchester Township driveway entrance permit.
B. 
The regulations governing access driveways as contained in the Manchester Township Zoning Ordinance [Chapter 27] and the Subdivisions and Land Development Ordinance [Chapter 22] shall be strictly observed.
C. 
Driveways entering upon any public street or highway within the Township shall be so constructed as to provide for the proper drainage along the shoulder or curbline of said street or highway and shall be so located as to afford an unobstructed view of traffic thereon.
D. 
Concrete paving for driveway entrances shall not extend beyond the gutter line or outside edge of shoulder and the area between the gutter line or shoulder and the street paving shall be paved with a bituminous macadam pavement. In general, the surface of the driveway at the curbline shall be four inches below the established elevation of the street or highway center line and shall conform to the established grade of the street or highway gutter to provide proper drainage. The use of culverts to carry gutter drainage under driveway entrances will not be permitted, except upon approval of the Public Works Supervisor.
[Ord. 1998-1, 1/13/1998, § VI]
1. 
Upon the completion of the permitted work, the permittee shall give written notice thereof to Manchester Township.
2. 
Upon receipt of the written notice of completion, Manchester Township shall inspect the work and where necessary, enforce compliance with the conditions, restrictions and regulations imposed by Manchester Township.
3. 
Manchester Township shall re-inspect the work periodically after completion of the project and all required restoration work.
4. 
Prior to the next scheduled overlay of the street, should any settlement of the road surface or other defect appear in the work, contrary to the conditions, restrictions and regulations imposed by Manchester Township, the permittee shall be notified of such defect or defects, in writing, by Manchester Township.
5. 
All repairs of any defect shall be completed by the permittee within 60 days from notification by Manchester Township.
6. 
Should the permittee fail to make repairs within 60 days from such notification, Manchester Township may do the work and impose the permittee the cost thereof, together with an additional 20% of such costs.
7. 
Should any defect or road settlement be determined by Manchester Township to be hazardous to the health, safety or welfare of the general public, the permittee shall immediately make temporary repairs, install warning devices or take other appropriate measures to protect the health, safety and welfare of the general public.
8. 
Upon the failure of the permittee to act expeditiously to protect the health, safety and welfare of the general public, Manchester Township may take the necessary measures to protect the health, safety and welfare of the general public.
9. 
Should Manchester Township be required to take such measures, the permittee shall pay to Manchester Township the reasonable and necessary costs incurred by the Township to protect the health, safety and welfare of the general public, together with an additional 20% of such costs.
[Ord. 1998-1, 1/13/1998, § VII; as amended by Ord. 2002-01, 1/7/2002]
The provisions of this Part shall be enforced by the Police Department serving Manchester Township and by the Manchester Township Public Works Director, Building Permit Officer or Zoning Officer or other appropriate officer or officers of Manchester Township. Any person, firm or corporation who shall violate any provision of this Part, upon conviction thereof in an action brought before a district justice in the manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure, shall be sentenced to pay a fine of not more than $1,000 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 90 days. Each day that a violation of this Part continues or each section of this Part which shall be found to have been violated shall constitute a separate offense.