[Ord. 578-97, 4/15/1997, § 401]
It shall be unlawful for any person, partnership, firm or corporation
to dig, cut or otherwise open any highway, street, alley or thoroughfare
within the Township of East Pennsboro except in accordance with the
following.
[Ord. 578-97, 4/15/1997, § 402; as amended by Ord.
757, 7/1/2009]
Such person, partnership, firm or corporation shall apply to
the Township office for a permit for such work, setting forth the
dimensions of said cut or opening, the purpose for which it is made,
the location and the name of the owner of the premises for whom said
cut or opening is to be made and the length of time required to do
the work. The Township Engineer shall have the authority to issue
said permit if, in his opinion, the work is necessary, upon payment
of a permit fee based upon the actual surface area of the excavation
upon payment of a fee in an amount as established from time to time,
by resolution of the Board of Commissioners.
[Ord. 578-97, 4/15/1997, § 403]
Permits will be issued to those utilities only which will own
and operate the facility after its installation. Permits will not
be issued to any utility to install a facility or structure if the
utility will not own and operate the facility or structure after its
installation. Permits will not be issued to contractors or subcontractors
of the utility nor to persons being serviced by the facility.
[Ord. 578-97, 4/15/1997, § 404]
A permit is valid for a six-month period or longer as specified
on the permit. If the permittee has not completed all authorized work
by the completion date specified on the permit, an application shall
be submitted requesting a time extension on the permit. If approved,
a supplemental permit will be issued by the Township.
[Ord. 578-97, 4/15/1997, § 405]
The permittee shall pay all the costs and expenses incident
to or arising from the project, including the prescribed fees for
the same and the cost of making and maintaining temporary restoration
of the disturbed areas and making permanent restoration.
[Ord. 578-97, 4/15/1997, § 406]
1.
Permanent restoration shall be made and guaranteed for a period of
one year. The existing pavement shall be saw cut to a depth of 5 1/2
inches for an additional 12 inches on each side of the opening, removed
and replaced with the required depth of base and wearing material.
The base material shall consist of four inches of bituminous concrete
base course meeting the requirements of Commonwealth of Pennsylvania,
Department of Transportation, § 305, Form 408. The wearing
course shall consist of 1 1/2 inches of ID-2A SRL-M meeting the
requirements of § 420, Form 408. The joint between the existing
pavement and the replacement shall be sealed with AC-20. If the existing
roadway contains a cement concrete course, this course shall be replaced
in kind and to the same depth as the existing one.
2.
If any subsidence occurs in the roadway opening after restoration
has been made, the permittee shall remove the base course and wearing
course, recompact the backfill, replace the base course and replace
the wearing course in accordance with the above specifications. The
Township shall determine where and when subsidence has occurred.
[Ord. 578-97, 4/15/1997, § 407]
1.
The permittee shall keep the improved area free of all material which
may be deposited by vehicles traveling upon or entering onto the highway
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 shall be removed from the site and disposed of
as the work progresses.
[Ord. 578-97, 4/15/1997, § 408]
1.
All openings made in the improved area shall be backfilled by the
permittee in accordance with the following minimum standards:
A.
The opening shall first be backfilled with No. 2A modified stone
for insulation to a height not to exceed one foot over the top of
the facility, compacted in not more than four-inch layers.
B.
The opening shall then be backfilled with No. 2A modified stone and
compacted throughout its full width with approved vibratory compaction
equipment in layers not to exceed eight inches.
C.
Compaction shall be completed to the bottom elevation of the required
patching materials.
D.
The Township may require the permittee to have material proposed
for use as backfill tested for conformance with Form 408.
[Ord. 578-97, 4/15/1997, § 409]
[Ord. 578-97, 4/15/1997, § 410]
1.
All disturbed portions of the highway, street, alley or thoroughfare,
including all appurtenances and structures such as guardrails or drainpipes,
shall be restored to a condition equal to that which existed before
the start of any work authorized by the permit.
2.
If the permittee opens the pavement, whether to install a new facility
or to modify an existing facility or for any other reason other than
to perform emergency work, and the wearing course is less than five
years old, the permittee shall, in addition to the minimum restoration
conditions outlined herein (relating to special conditions; subsurface
operations), overlay the pavement in accordance with the following
conditions:
A.
When a longitudinal opening longer than 10 feet and wider than three
feet is made in the pavement, the permittee shall overlay the traffic
lane(s) in which the opening was made for the entire length of highway
that was opened.
B.
When two or more transverse trench openings are made in the highway
pavement less than 100 feet apart, the permittee shall overlay all
traffic lanes in which the openings were made for the entire length
of highway between such openings.
3.
Regardless of the age of the wearing course, when both longitudinal
and transverse trench openings are made in the pavement, the Township
may require the permittee to overlay all traffic lanes in which such
openings were made, for the entire length of highway that was opened,
if the Township determines that the present serviceability index of
the highway, street, alley or thoroughfare has been impaired by the
openings.
[Ord. 578-97, 4/15/1997, § 411]
1.
Each and every street cut shall be made only after application has
been made therefor and permit granted by the Township Engineer, except
emergency cuts by utility corporations as hereinbefore set forth.
2.
Utility corporations shall make permit applications for all emergency
cuts within five days after the emergency cut has been made.
3.
Said person, partnership, firm or corporation causing such cut or
opening to be made in the streets shall provide suitable barricades
and guards to protect persons using the highway from injury, and at
night the cut or opening shall be marked with sufficient hazard lights
to warn person using the highway of such cut or opening.
4.
Upon the issuance of each permit as aforesaid, the Township Engineer
shall notify the Chief of Police of the issuance of said permit, stating
the dimensions of said cut or opening, the purpose for which it is
made, the location of the premises and the name of the owner thereof.
5.
The Township Engineer shall have authority to regulate the opening
or cuts so that the proper use of the highways shall not be unnecessarily
interfered with, and he shall have authority to see that said openings
or cuts are filled and closed as required by the Part.
6.
The Chief of Police shall have authority to see that all openings
or cuts are properly barricaded and guarded at all times and marked
with hazard lights at night as required by this Part.
7.
The permittee shall be responsible to notify the Township Office,
through its contractor or otherwise, in advance, of the precise day
when the cut, opening or excavation work shall commence and the precise
day when closing of the cut, opening or excavation shall commence.
[Ord. 578-97, 4/15/1997, § 412]
The person, partnership, firm, or corporation shall agree fully
to indemnify and save harmless the Township of East Pennsboro of and
from all liability for damages or injury occurring to any person or
persons or property at such openings in streets through or in consequence
of any act or omission of any contractor, agent, servant, employee
or person engaged or employed in, about or upon said work by, at the
instance or with the approval or consent of the person, partnership,
firm or corporation or from the failure of the same and/or its contractor
to comply with the provisions for maintenance as set forth herein.
[Ord. 578-97, 4/15/1997, § 413; as amended by Ord.
757, 7/1/2009]
1.
Any violation of this Part shall constitute grounds for imposition
of any or all of the following penalties:
A.
Upon receipt of verbal or written notice of any violation(s) from
the Township's authorized representative or a police officer
whose jurisdiction includes the permitted work area, the permittee
shall cease to perform any further work in the permitted area except
to restore the area to a safe condition. No further work shall commence
in the permitted area until the violation(s) has been remedied. Where
the permittee has received verbal notice of the violation(s), written
notice shall be sent to the permittee within 10 days of receipt of
the verbal notice.
B.
Confiscation of the applicant's permit or emergency permit card
by any police officer or authorized representative of the Township.
C.
Revocation of the applicant's permit or emergency permit card
by the Township.
D.
Removal of facilities installed without a permit or in violation
of this Part.
E.
Such fines, imprisonment or other penalties as are provided by law.
F.
Such other action as may be deemed necessary or proper after consultation
with the Township Solicitor.
2.
Any person, firm or corporation who shall violate any provision of
this Part, upon conviction thereof, 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 30 days. Each
day that a violation of this Part continues shall constitute a separate
offense.
[Ord. 578-97, 4/15/1997, § 414]
Any person, firm or corporation opening or excavating in or
to any street, alley or thoroughfare for which a permit is required
shall, in addition to complying with all the provisions of said ordinances,
post with East Pennsboro Township a bond in the amount of $1,000 for
corporate surety to guarantee the maintenance of said street, alley
or thoroughfare.
[Ord. 578-97, 4/15/1997, § 415]
The form of said bond shall be as follows:
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"KNOW ALL MEN BY THESE PRESENTS, that we __________ ____________________
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(the firm applying for excavation permit) of __________ as principal,
and as surety, are jointly and severally held and firmly bound unto
East Pennsboro Township, Cumberland County, Pennsylvania, in the sum
of $1,000, lawful money of the United States of America, to which
payment will and truly to be made to the said East Pennsboro Township,
its attorneys, successors or assigns, we do bind ourselves, and each
of us and for each of our heirs, executors, administrators, successors
and assigns, jointly and severally firmly by these presents.
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"NOW, THEREFORE, The condition of this obligation is such that
if the said principal shall indemnify and save harmless East Pennsboro
Township from all damages of whatsoever kind as recited and set forth
in this Ordinance then this obligation shall be null and void, otherwise
to remain in full force and effect.
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"The term of this bond shall be for the period of one year from
the date hereof unless cancelled by East Pennsboro Township."
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