[Ord. 1-2007, 3/8/2007, § 1]
This Part shall be known as the "Canton Township Driveway and
Street Excavation Ordinance."
[Ord. 1-2007, 3/8/2007, § 2]
1.
The background of this Part and the legislative intention of the
Board of Supervisors ("Board") in enacting it are as follows:
A.
The Township of Canton is a municipal township of the second class.
B.
The Township of Canton has suffered damage to its roads as a result
of improper connection of driveways to Township roads and faulty drainage.
C.
Improper connections and faulty drainage have resulted in hazardous
conditions.
D.
The Township deems it necessary for the proper management, maintenance
and control of its public road system to regulate the connection of
driveways to Township roads.
E.
Roadway excavations have resulted in damage, improper drainage and
uneven riding surfaces on Township roadways, all to the danger and
hazard of vehicular traffic.
F.
Roadway excavations have resulted in increased costs of repairs and
maintenance of public roads and to eliminate hazards to the public.
G.
The Township desires to require proper connection of driveways and
repair of roadway excavations to minimize damage to Township roads.
[Ord. 1-2007, 3/8/2007, § 3]
For the purposes of this Part, the following terms shall be
defined as follows:
The Board of Supervisors of Canton Township, Washington County,
Pennsylvania.
The person who installs a driveway or excavates in a Township
roadway, including all agents, subcontractors, officers or employees
of that person or business entity.
Every entrance or exit used by vehicular traffic to or from
properties abutting a public road. The term includes proposed streets,
lanes, alleys, courts and ways.
The owner of the land upon which the driveway is located
and his successors or assigns.
Pennsylvania Department of Transportation.
A highway occupancy permit issued by the Board pursuant to
this Part.
The holder of a duly issued permit.
Any natural person, firm, partnership, corporation, entity,
association or other group of persons. The singular shall include
the plural and the masculine shall include the feminine and the neuter.
Any road, street, alley, bridge or public thoroughfare, including
the entire area between right-of-way lines, either presently maintained
by Canton Township, or shown on a subdivision or land development
plan and intended to be dedicated to Canton Township in the future.
The area which has been acquired by the Township for highway
purposes.
Canton Township, Washington County, Pennsylvania, or its
duly appointed representative.
[Ord. 1-2007, 3/8/2007, § 4]
1.
Permit Required. No person shall hereafter install or alter an existing
driveway or allow any work incident to the alteration or installation
of a driveway, including the repaving or alteration of existing drainage
characteristics, without first obtaining a permit from the Township.
No person shall hereafter perform excavation or other work within
a Township public road without first obtaining a permit from the Township.
2.
No Combined Permits. Each driveway, whether or not serving the same
premises, shall require an individual permit. Each excavation or other
work site within a public road shall require an individual permit.
[Ord. 1-2007, 3/8/2007, § 5]
Any owner shall, prior to obtaining a permit for a driveway
connection, file an application with the Board, on a form furnished
by the Board. Every person intending to perform excavation or other
work within a public road or right-of-way shall, prior to obtaining
a permit, file an application with the Board on a form furnished by
the Board. The application shall be accompanied by such permit issuance
fees and general inspection fees as determined by resolution from
time to time by the Board. Issuance fees are used to defray costs
incurred by the Township in reviewing and processing the application
and plan(s), including the preliminary review of the site location
identified in the application, and issuing and processing the permit.
General inspection fees are used to defray costs incurred by the Township
in spot inspection(s) during the progress of the work and after it
has been completed to ensure compliance with the permit and these
regulations.
[Ord. 1-2007, 3/8/2007, § 6]
1.
Required Information. The application shall be accompanied by a sketch
of the proposed driveway which at a minimum shall indicate:
A.
Geometric information such as width, radius, dimensions and location
of the public road, right of way, slope and grades, length of driveway
to residence or building, and distance to property lines and nearest
driveway(s) and intersection(s). In conjunction with submission of
the application, the applicant shall place a stake at the desired
location which shall coincide with the submitted sketch.
B.
Safe sight distances shall be indicated on the sketch as obtained from actual field measurement. Measurement of sight distance shall be measured in accordance with the requirements of PennDOT. Minimum sight distances shall be required to meet those provided in the attached table or as may be amended by PennDOT. Signature of the application by the owner shall be an admission that the indicated sight distance is the result of actual field measurement. (Also refer to Subsection 11 of this section).
C.
Drainage culvert (if applicable) or swale including related grades
as may be required. The determination for installation of a culvert
pipe or swale shall be made by the Township following initial review
by the Township representative. The application must also include
a long-term drainage and erosion control plan which shall specify
provisions for roadside drainage and control and mitigation of surface
water runoff created by installation or improvement of the driveway.
D.
When determined by the Township, a stormwater management plan shall
be filed in accordance with the requirements of the Township Stormwater
Management Ordinance, in which case approval of the stormwater management
plan shall precede issuance of a driveway permit.
2.
Review Criteria. The application and accompanying sketch and drainage
plan shall be reviewed by the Board or its duly appointed representative.
Driveway design shall conform to the requirements and standards and
specifications of this Part, PennDOT, the Canton Township Land Development,
Subdivision and Mobile Home Park Ordinance, the Canton Township Stormwater
Management Ordinance, and all related standards and specifications
which are incorporated herein by reference. In no event shall a permit
be issued for a proposed driveway under any of the following circumstances:
A.
It would create hazardous effects of stormwater run-off.
B.
It would cause damage to a public road.
C.
It would increase hazardous driving conditions on the public road.
D.
It would be constructed in a manner which would obstruct it from
view.
E.
The sight distance is inadequate to safely allow movement to be made into or out of the driveway. (Also refer to Subsection 11 of this section).
F.
The free movement of highway or street traffic would be impaired.
G.
It would create an area of traffic congestion on the highway or street.
H.
It shall not be located at an interchange, ramp area or a location
that would interfere with the placement, functioning or maintenance
of a highway or street sign, detector, lighting or other device that
affects traffic control.
I.
Where the property abuts two or more streets or highways, ingress
and egress may be restricted to only that highway or street which
can more safely accommodate its traffic.
J.
No more than one driveway shall be permitted per lot on any one highway
or street frontage. The Board of Supervisors may grant permission
for additional driveways under exceptional circumstances.
K.
It shall not be located within 40 feet of the right-of-way line of
an intersecting street when deemed reasonably necessary for safety
by the Board of Supervisors. This dimension shall be increased for
driveways to shopping centers and other commercial, industrial, public
or institutional purposes.
L.
It shall not be located within five feet of a fire hydrant, catch
basin or drain inlet.
M.
It shall not exceed a slope of 7% within 15 feet of the street right-of-way
line.
N.
It shall not be located within three feet of a property line.
3.
Damage to Public Roads. The owner and/or contractor are responsible
for damage to any portion of the public road caused by equipment en
route or used at the work site.
4.
Traffic Protection and Maintenance. Maintenance and protection of
traffic shall be carried out in accordance with the requirements of
the Pennsylvania Department of Transportation, as set forth in Publication
No. 43 and Publication No. 90.
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 district office. A traffic control
plan shall be submitted to and approved by the Township Engineer before
detouring 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 open trench or hole in the improved area.
C.
Designated employees shall be assigned by the permittee to direct
one-lane traffic. Flagmen shall be provided as specified in the permit
and in accordance with Publication No. 43 and Publication No. 90.
5.
Drainage. All driveways which are installed on any public road will
be required to install either a drainage pipe (culvert) or construct
a drainage swale as directed by the Township representative. Driveway
will be crowned or sloped so water running down driveway is directed
to swale or culvert, not onto roadway.
6.
Paving to Limits. All driveways which are constructed and have access
onto a paved public road, regardless of whether or not the existing
driveway is paved or not, will be required to be paved from the edge
of the existing public road to the right-of-way limit or the end of
the radius, whichever extends farther from the Township road.
7.
PennDOT Requirements. When a driveway accesses a state road, the
owner shall comply with all PennDOT requirements, including the requirement
to obtain a permit from PennDOT.
8.
Re-inspections. The Township may re-inspect the work not more than
two years after its completion, and if there is settlement of the
connection or any other defects appear in the work contrary to the
conditions, restrictions and regulations of this Part, the Township
may enforce compliance therewith. If the owner fails to rectify a
defect which presents an immediate or imminent safety or health problem
within 48 hours or any other defect within 60 days after written notice
from the Board of Supervisors to do so, the Township may do the work
and impose upon the owner the cost thereof, together with an additional
20% of the costs, which may be recovered by the Township.
9.
Owner's Responsibility. As part of obtaining a driveway permit, all
property owners shall be responsible for long-term maintenance of
the driveway and related drainage or stormwater management plan. In
the event that excess stormwater runoff or sediment is diverted onto
public roads the owner will be given notice and required to make necessary
corrections to bring the driveway and drainage into compliance. In
the event that a driveway culvert pipe becomes crushed or blocked
it may be replaced at the owner's expense. The Township reserves the
right to require the owner to make repairs, to make the repair at
the owner's expense or to contract with a third party at owner's expense
to perform the needed repairs. All property owners shall be responsible
for any and all costs for maintenance to public roadways resulting
from water runoff caused by improperly maintained driveway pipes.
10.
Overnight Parking. Where construction permitted by this Part requires
equipment to park at the site overnight, it shall be located a minimum
of four feet from the edge of the cartway of the Township road.
11.
Sight Distance. Measurement of sight distance from a vehicle turning
from a driveway shall be such that the position of the driver is taken
to be 10 feet from the edge of the traveled roadway at the center
line of such driveway; the driver eye height is to be 3.5 feet; the
vehicle height on traveled roadway is to be 4.25 feet. Adequate sight
distance is to be provided to the right and to the left of the driveway.
12.
Permit Issuance. If the plans meet the criteria above, the Township
shall issue the permit. If the application is found to be deficient,
or if in the opinion of the Township the plan should be revised in
order to meet the criteria above, the Township shall notify the owner
of the changes to be made, whereupon the applicant shall make such
changes and return the revised plans to the Township. When the application
is acceptable to the Township, the permit shall be issued.
[Ord. 1-2007, 3/8/2007, § 7]
1.
Design, construction and restoration shall conform to the requirements
of this Part, PennDOT regulations and specifications as may be adopted
by the Township from time to time.
A.
Permit Application.
(1)
Any person desiring to open, excavate, or bore in or under any
street in the Township shall file an application with the Township
on forms provided by the Township. Such application shall contain
the following information:
(a)
The name and address of applicant.
(b)
The exact location of the proposed opening, excavation, or boring.
(c)
The approximate size and depth of the proposed opening, excavation,
or boring.
(d)
The proposed dates and times of commencing and completing the
work.
(e)
The method and progression for performing the work.
(f)
The purpose of the proposed opening, excavation, or boring.
(g)
Such other information as the Township may deem pertinent.
(2)
Such application shall contain a statement, which shall be subscribed
to by the applicant, to the effect that the applicant will comply
with all relevant ordinances of the Township (including this Part)
and laws of the Commonwealth of Pennsylvania and that the applicant
will defend, protect and save harmless the Township and its officers,
agents, and employees from all loss and liability in accordance with
the provisions of this Part.
(3)
Permittee is required to protect all pre-existing underground
utilities from damage and to make all determinations of presence and
type of facilities through PA One Call and other means.
B.
Issuance of Permit, Applicability. Upon being satisfied that the
application is in proper form and upon receipt from the applicant
of the fee prescribed by this Part, the performance bond prescribed
by this Part and the certificates of insurance prescribed by this
Part, the Township shall issue a permit. Such permit shall apply only
to the specific work described in the application, shall expire on
the date and time when the work is proposed to be completed and may
contain such conditions or limitations as the Township deems necessary
for the protection of persons and property. In no way does the issuance
of a permit convey to the permittee any real property interest to
the Township road or right-of-way.
C.
Emergency Situations. In the case of any leak, explosion or other
accident in any subsurface pipe, line, conduit, construction or apparatus,
it shall be lawful for the person owning or responsible for such pipe,
line, conduit, construction or apparatus to commence an opening or
excavation to remedy such condition before securing a permit, provided
that application for a permit shall be made immediately and not later
than the next business day thereafter and that all other provisions
of this Part are fully complied with. If any such emergency condition
shall not be immediately attended to by the owner or person responsible
for such pipe, line, conduit, construction or apparatus, the Township,
after such notice, or attempt of notice, as it shall deem necessary
under the circumstances of the particular case, may proceed to have
the work necessary and required by such emergency performed and charge
the cost thereof to such owner or person.
D.
Open Lane of Travel. No opening, excavation or construction in any
public road shall extend from the right-of-way line into the road
past the center line, before being restored to a condition safe and
convenient for travel.
E.
Allowable Limits of Excavation. No more than 100 feet longitudinally
shall be opened in any street at any one time, except in the case
of the installation of gas or water lines by public or private bodies,
or of sanitary or storm sewers by the Township or a duly constituted
Township municipal authority.
F.
Special Conditions for 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 highway and
its swale ditches.
(2)
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 less clearance.
(3)
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.
G.
Trenching Across Improved Area.
(1)
No trenching shall be permitted across the improved area unless
authorized by the permit.
(2)
Trenching across the improved area may be authorized by the
permit where drilling, boring, driving or tunneling are not feasible
because:
(3)
When trenching is specified in the permit, the trenching operation
shall be performed by one of the following two methods:
(a)
Utility facility placed in one piece across highway.
(i)
Traffic shall be routed over 1/2 of the pavement
width.
(ii)
The closed half of the pavement shall be opened
to the required depth and bridged with steel plates.
(iii)
Traffic shall be shifted to the bridged half
of the pavement.
(iv)
The remaining half of the pavement shall be opened
to the required depth.
(v)
The facility shall be placed full width.
(vi)
The open trench shall be backfilled and restored
half-width in accordance with this section (relating to special conditions
for subsurface operations).
(vii)
Traffic shall be shifted to the restored half
of the pavement.
(viii)
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 for subsurface operations).
(b)
Utility facility placed in more than one piece across highway.
(i)
Traffic shall be routed over 1/2 of the pavement
width.
(ii)
The closed half of the pavement shall be opened
to the required depth, the facility placed and the trench backfilled
and restored in accordance with this section (relating to special
conditions for subsurface operations).
(iii)
Traffic shall be shifted to the restored half
of the pavement.
(iv)
The remaining half of the pavement shall be opened
to the required depth, the facility placed and the trench backfilled
and restored in accordance with this section (relating to special
conditions for subsurface operations).
H.
Open Trenches. If work is stopped on any road project, and any ditch
or trench remains open for an unreasonable period, in the opinion
of the Township, the owner and/or contractor, if so directed, shall
refill the ditch or trench and work shall not be resumed until such
time as the owner and/or contractor is ready to proceed. In the event
that the owner and/or contractor fail to fill in the ditch or trench
upon notification by the Township, the Township may perform the necessary
and required work and charge the cost thereof to the owner.
I.
Consent of Abutting Owners. The owner and/or contractor is not relieved
from obtaining consent required from the owners or abutting properties
and does not have the right to remove or destroy trees or shrubbery
within the legal limits of the highway except under such conditions
as the Township may prescribe.
J.
Temporary Surface. On improved public roads, a minimum two-inch,
temporary paving of hot mix thoroughly bound and compacted shall be
installed flush with the surface of the adjoining paving Permanent
paving must be completed within 60 days of excavation or following
completion of site work related to the driveway.
K.
Non-disturbance of Utility Connections. The work of excavation shall
be so conducted so as not to interfere with the water mains, gas lines,
sewers or their connections with the houses or any other sub-surface
pipes or structures until permission of the owners of such lines or
structures shall have been obtained. The contractor is responsible
for locating and protecting underground utilities and coordination
with respective utility company.
L.
Township may correct work, in the event that any work performed by
the owner and/or contractor, shall, in the opinion of the Township,
be unsatisfactory and the same shall not be corrected in accordance
with these instructions within the time so fixed, 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 any such work not completed and
charge the cost thereof to the owner.
M.
Permits Non-transferable. Permits may not be transferred without
the approval of the Township.
N.
Damages to Public Road. The owner and/or contractor are responsible
for damage to any portion of the public road caused by equipment en
route or used at the work site.
O.
Traffic Protection and Maintenance. Maintenance and protection of
traffic shall be carried out in accordance with the requirements of
the Pennsylvania Department of Transportation, as set forth in Publication
No. 43 and Publication No. 90.
(1)
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 district office. A traffic control
plan shall be submitted to and approved by the Township Engineer before
detouring any traffic.
(2)
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 open trench or hole in the improved area.
(3)
Designated employees shall be assigned by the permittee to direct
one-lane traffic. Flagmen shall be provided as specified in the permit
and in accordance with Publication No. 43 and Publication No. 90.
P.
PennDOT Requirements. When an excavation or other work is proposed
in a state road, the owner shall comply with all PennDOT requirements,
including the requirement to obtain a permit from PennDOT.
Q.
Re-inspections. The Township may re-inspect the work not more than
two years after its completion, and if there is settlement of the
connection, or any other defects appear in the work contrary to the
conditions, restrictions and regulations of this Part, the Township
may enforce compliance therewith. If the owner fails to rectify a
defect which presents an immediate or imminent safety or health problem
within 48 hours or any other defect within 60 days after written notice
from the Board of Supervisors to do so, the Township may do the work
and impose upon the owner the cost thereof, together with an additional
20% of the costs, which maybe recovered by the Township.
R.
Overnight Parking. Where construction permitted by this Part requires
equipment to park at the site overnight, it shall be located a minimum
of four feet from the edge of the cartway of the Township road.
S.
Permittee Responsibilities.
(1)
The permittee shall pay all costs and expenses incident to or
arising from the project, including the prescribed fees for same,
the cost of making and maintaining temporary restoration of the disturbed
areas and making permanent restoration. The permittee shall reimburse
the Township for any and all inspection costs, which the Township
may deem necessary to incur, within 30 days after receipt of the Township's
invoice.
(2)
In the event of failure or neglect by permittee to perform and
comply with the permit or these regulations, 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
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, the Township's attorneys
or any attorney of any court of record shall be authorized to appear
for the permittee and to enter an amicable action of ejectment and
confess judgment against the permittee; and, the attorney shall be
authorized to issue forthwith a writ of possession with a clause of
Fi.fa for costs, without leave of court.
(3)
If work is stopped on a project for any reason, other than at
the end of any normal workday, and any ditch or trench remains open
for an unreasonable period, in the opinion of the Township, the permittee,
if so directed, shall refill the ditch or trench and work shall not
be resumed until the permittee is prepared to proceed immediately
with the work to its completion. In the event the permittee fails
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 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 any other purpose, fails to restore
any portion of the right-of-way to conform to this section, 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.
T.
Altering vegetation prohibited.
U.
Altering drainage prohibited.
(2)
The permit does not authorize the permittee to direct, divert
or otherwise drain surface waters over the property of any other property
owner.
(a)
The permit does not in any way relieve the permittee from acquiring
the consent, permission or other authorization from any property owner
which the Township determines may be adversely affected by drainage
alterations.
(b)
The permittee is responsible for any damage caused to any property
owners as a result of work done under the permit.
V.
Equipment damaging roadway.
(1)
To protect the pavement 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.
(2)
In the event that other than rubber-equipped machinery is authorized
for use, the pavement 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.
(3)
If the equipment damages the pavement or shoulders, the permittee
shall restore the pavement or shoulders to their former condition
at the permittee's expense.
W.
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, 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, from any
failure of the permittee or any such person to comply with the permit
or these regulations; and, for a period of two years after completion
of the permitted work, from the failure of the highway in the immediate
area of the work performed under the permit where there is no similar
failure of the roadway beyond the area adjacent to the area of the
permitted work.
X.
Insurance. The permittee shall, upon request, submit to the Township
office a certificate or certificates of insurance for public liability
and property damage, 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.
Y.
Maintenance of Disturbed Area; Bonding Requirements. The applicant
shall maintain the portion of the street disturbed by the opening
or excavation for a period of 18 months from the date the backfilling
is completed at a proper grade and condition free from ridges and
depressions. Such maintenance work shall be done as often as may be
necessary. To guarantee proper restoration of the surface and proper
maintenance of the disturbed area, the applicant must deposit with
the Township, prior to issuance of the permit, a bond in an amount
set by the Township, with corporate surety guaranteeing the proper
performance of the work and the proper maintenance of the disturbed
area for the period of time required above. Utilities and other persons
who open or excavate in streets on a regular basis may, with the permission
of the Township, keep on deposit a single bond in an amount set by
the Township and applying to the work included in all of the permits
at any time outstanding.
Z.
Notification and Correction of Defects; Failure to Correct. If, within
a period of 18 months from the date the backfilling is completed,
the Township determines that the backfilling, surface restoration
or maintenance of the disturbed area is defective, it shall notify
the applicant, in writing, to that effect. Promptly upon receipt of
such written notice the applicant shall take immediate steps to correct
such defects. If the applicant fails to take immediate corrective
action, the Township may perform the work itself or cause the same
to be performed by another person. The applicant and the surety on
its bond shall be liable for all costs and expenses incurred by the
Township in correcting such defects and for any penalty assessed as
a result of the applicant's failure to take immediate corrective action.
AA.
Blasting. No pre-drilling or blasting shall be permitted within the
right-of-way unless authorized by the permit.
(1)
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, conditioned that the commonwealth
will be saved harmless from any damages whatsoever to the improved
area for a period of one year from the date of the completion of the
last work covered by the permit.
(2)
When blasting is anticipated within 100 feet of any bridge,
box or culvert, a detailed plan of excavating, shoring, blasting and
backfilling procedures shall be submitted, with the application, to
the Township Office for review and approval.
(3)
No blasting shall be permitted if within 25 feet of the nearest
part of a bridge, box or culvert.
(4)
Only controlled blasting, as specified in § 203.3(d),
PennDOT Form 408, shall be permitted within the improved area.
BB.
Maintaining Structure or Facility. As long as the permittee operates
and leaves in place any structures or facilities in, upon or along
the right-of-way, the permittee shall maintain and keep them in good
order and repair.
CC.
Damaged Structure or Facility to Be Repaired. 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.
DD.
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 by 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.
EE.
When Plates or Bridging Required. Except for emergency repairs of
utility facilities, work shall be stopped prior to peak traffic hours
that exist on a particular highway 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.
FF.
Disposition of Materials.
(1)
The permittee shall keep the improved area free of all material
which may be deposited by vehicles traveling upon or entering onto
the roadway during the performance of work authorized by the permit.
(2)
The permittee shall be responsible for controlling dust conditions
created by its own operations.
(3)
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.
(4)
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.
GG.
General Rule. Permits will not be issued to install aboveground facilities
at locations which the Township determines to have a high accident
potential.
HH.
Location of above Ground Facilities.
(1)
New poles, guys and other aboveground facilities shall be installed
outside the shoulder of the public road as near the right-of-way as
practicable.
(2)
Installation of poles, guys and other aboveground facilities
in locations where highway curb exists shall be placed off the roadway
but as close to curb as possible.
II.
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.
KK.
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.
LL.
Availability of Records for Examination. All permit records, restoration
records and emergency work records shall be made available for examination
by the Township upon request.
[Ord. 1-2007, 3/8/2007, § 8]
From time to time, the Board of Supervisors may adopt, by resolution, such additional driveway and/or excavation specifications and requirements, and may supplement or modify the driveway and excavation specifications set forth in this Part. Any violation of the additional requirements or specifications, modifications and supplements, as duly adopted, shall be subject to the penalties set forth in § 21-110 of this Part.
[Ord. 1-2007, 3/8/2007, § 9]
It shall be the duty of the Township to inspect all work for
conformity with all of the ordinances of the Township. Notice must
be given by the owner and/or contractor to the Township when the work
is sufficiently advanced for inspection, when it shall be the duty
of the proper officer to inspect the same after receipt of said notification.
[Ord. 1-2007, 3/8/2007, § 10; amended at time of
adoption of Code]
Any person who violates or permits a violation of this chapter
shall, upon conviction in a summary proceeding brought before a Magisterial
District Judge under the Pennsylvania Rules of Criminal Procedure,
be guilty of a summary offense and shall be punishable by a fine of
not more than $1,000, plus costs of prosecution. In default of payment
thereof, the defendant may be sentenced to imprisonment for a term
not exceeding 90 days. Each day or portion thereof that such violation
continues or is permitted to continue shall constitute a separate
offense, and each section of this chapter that is violated shall also
constitute a separate offense.
