[Ord. 1998-3, 4/27/1998, § 1]
Any person making application for a road opening permit.
An aggregate material composed of materials approved by the
Township and specified by the Pennsylvania Department of Transportation,
Publication Number 408.
All expenditures by the Township for labor, equipment and
materials.
Any unforeseen circumstance or occurrence which constitutes
a clear and immediate danger to persons or properties.
Any ditch, trench, tunnel, saw cut, test or vent hole, boring,
or opening in or under the surface of any street in the Township.
A site visit by the Township Roadmaster or designee to verify
compliance with the provisions of this Part.
The agency responsible for coordinating the notification
of all utilities of an impending street excavation.
The fee paid by the permittee to the Township for inspections
and for the administration of this Part.
Any person who has been issued a permit and who is responsible
for fulfilling the requirements of this Part.
Any natural person, partnership, firm, association, utility,
corporation, or authority.
A fee paid by the permittee to the Township as a security
deposit to assure the street excavation is repaired in accordance
with the provisions of this Part.
The legal right-or-way of any street in the Township.
That portion of the street right-of-way reserved for pedestrian
traffic.
The entire right-of-way of a public street. The term street
shall include any public streets or road, public alley, public easement,
or public right-or-way owned or maintained by the Township, or in
which the Township maintains utilities within the Township limits.
The Township of Stroud, County of Monroe, Commonwealth of
Pennsylvania.
Implementing appropriate traffic control measures and the
posting of appropriate work area warning signs to provide for the
safety and welfare of the public and construction crews. Work zone
safety shall conform to the Pennsylvania Department of Transportation
Publication Number 203, "Work Zone Traffic Control."
[Ord. 1998-3, 4/27/1998, § 2]
1.
It shall be unlawful for any person to make any excavation in any
street without first securing a permit from the Township as provided
herein.
2.
Any person maintaining pipes, lines, or other underground facilities
in or under any street may proceed with an opening without a permit
when emergency circumstances warrant the work be done immediately.
The person shall apply thereafter for a permit on the first regular
business day on which the Township office is open for business. Said
permit shall be retroactive to the date when the work was begun. In
all cases where emergency openings are necessary, the Township Roadmaster
shall be notified prior to such opening by contacting the Monroe County
Control Center.
3.
No person shall perform any work authorized by such permit in any
amount greater than that specified in the permit.
4.
Permits are not transferable from one person to another, and the
work shall not be made in any place other than the location specifically
designated in the permit.
5.
Every permit shall expire on the date specified on the permit. If
the permittee should not be capable of completing the work within
the specified time, the permittee shall, prior to the expiration of
the permit, present in writing to the Township a request for an extension
of time, setting forth the reasons for the requested extension. If
in the opinion of the Township Roadmaster such extension is necessary
and not contrary to the public interest, the permittee may be granted
an extension of time for the completion of work.
6.
No permit shall be issued unless all fees are paid.
7.
Any permit may be revoked by the Township Roadmaster after notice
to the permittee for any violation of the conditions of the permit
or provisions of this Part.
[Ord. 1998-3, 4/27/1998, § 3]
1.
It shall be the duty and the responsibility of any person needing
to excavate any street in the Township to make written application
for a road opening permit. Applications are to be made on such forms
as prescribed by the Township. No work shall commence until the Township
Roadmaster has approved the application and has issued a permit. All
fees shall be paid prior to issuance of a permit.
2.
The applicant shall furnish a plan in triplicate showing the work
to be performed under the permit. Said plan shall include the address
or location of the proposed work area, and the approximate dimensions
of the work area.
3.
The applicant shall notify the PA One Call agency prior to any excavation.
The PA One Call serial number is required on the permit application.
4.
The applicant shall agree to save and hold the Township, and its
employees, officers, and agents, harmless from any and all costs,
damages, or liabilities which may accrue or be claimed to accrue by
reason of any work performed under said permit. The acceptance of
a permit shall constitute such an agreement by the applicant whether
the same is expressed or not.
5.
The applicant shall pay to the Township of Stroud all fees required
under this Part and as established by the Township Fee Resolution.
6.
The applicant shall furnish the Township with a certificate of insurance.
[Ord. 1998-3, 4/27/1998, § 4]
1.
Every applicant for a road opening permit shall pay a permit fee
as provided in the Stroud Township Fee Resolution. The fee is non-refundable
and is intended to cover the costs of inspections and for the administration
of this Part.
2.
Every applicant for a road opening permit shall pay a restoration fee as provided in the Stroud Township Fee Resolution. This fee shall serve as a security deposit to assure the street excavation is repaired in accordance with the provisions of this Part. This fee is refundable pending satisfactory restoration of the excavation and a satisfactory final inspection by the Township Roadmaster. The return of restoration fees shall be subject to § 21-107 of this Part.
[Ord. 1998-3, 4/27/1998, § 5]
1.
No excavation shall extend beyond the center line of the street before
being back-filled in accordance with the provisions herein and the
road surface temporarily restored.
2.
No excavation shall exceed 150 feet measured longitudinally at any
one time, except by special permission of the Township Roadmaster.
3.
All pavement cuts shall be made with an asphalt saw in the form of
a parallelogram (rectangle or square) irregular pavement cuts are
not permitted.
4.
No excavation will be undercut or have a greater width at the bottom
than at the top. In case of slips or slides of the excavation, the
same will be trimmed to solid earth and the top surface cut back to
the limit of the same before any back-filling is commenced. When necessary
or when required by the Occupational Safety and Health Act (OSHA),
the sides of the trench shall be sheathed, braced, and rendered secure
until the construction has been laid therein and the trench back-filled.
5.
The bedding and laying of culvert pipes, or water, sewer, gas, petroleum
electric, telephone, communications, or television cable lines shall
conform to the specifications and requirements of the applicable sections
of the Pennsylvania Department of Transportation Publication Number
408.
6.
The top of all culverts shall not be less than 12 inches below the
finish grade of the street. Any pipe, conduit, wire, cable or other
obstruction placed under the Township right-of-way which is less than
36 inches below the finish grade shall not be the responsibility of
the Township in case of rupture or breakage of any kind due to Township
construction, maintenance or excavation.
7.
All conduits, wires, cables, pipes, and lines placed under the Township
right-of-way shall be plainly defined by location ribbon or tape placed
in the excavation trench.
8.
Work zone traffic control shall be provided in compliance with the
regulations established in the Pennsylvania Department of Transportation
Publication Number 203.
9.
All excavated materials and earth shall be removed from the site.
Excavated materials and earth shall not be used as bedding or back-fill.
[Ord. 1998-3, 4/27/1998, § 6]
1.
All excavations shall be back-filled using an aggregate material
of 2A Modified stone as specified in the Pennsylvania Department of
Transportation Publication Number 408.
2.
All excavations shall be back-filled in eight-inch maximum lifts,
and compacted with vibratory compacting equipment as specified in
the Pennsylvania Department of Transportation Number 408. The excavation
shall be back-filled and compacted to a depth of six inches below
the finish grade of the excavation.
3.
The base course of the street shall consist of ID-2 binder course
bituminous asphalt mix placed and compacted with virbratory compacting
equipment to a compacted depth of four inches.
4.
The surface course of the street shall consist of ID-2 wearing course
bituminous asphalt mix placed and compacted with a pavement roller
to a compacted depth of two inches.
5.
Temporary pavement restoration may be accomplished utilizing cold
bituminous asphalt mix placed and rolled to a depth equal to the finish
grade. Temporary pavement shall be replaced at the earliest opportunity
with hot mix ID-2 bituminous asphalt mix as required above. Temporary
pavements shall be maintained by the permittee to provide an adequate,
safe road surface.
6.
Shoulder
areas shall be reconstructed to conform to the existing cross slope
utilizing 2A modified stone, and utilizing vibratory compacting equipment.
7.
Sidewalks, curbs, and guide rail shall be replaced in a manner satisfactory
to the Township Roadmaster.
8.
All joints and saw cuts shall be sealed utilizing an in-place hot
fiberized asphalt cement, class AC-20, as specified in the Pennsylvania
Department of Transportation Publication Number 408. All joints are
to be clean of loose and foreign material. Fiberized AC-20 shall be
applied a minimum width of four inches and a uniform thickness not
to exceed 1/8 inch.
[Ord. 1998-3, 4/27/1998, § 7]
1.
The Township Roadmaster may conduct inspections at any time during
the excavation and restoration of the road opening. The permittee
shall notify the Township upon completion of all work accomplished
under the provisions of the permit.
2.
The Township Roadmaster shall conduct a final inspection of the work
area and note any deficiencies prior to authorizing the release of
restoration fees.
3.
Should any deficiencies be noted in the final inspection, the Township
Roadmaster shall cause written notice to be served on the permittee
specifying said deficiencies. The permittee shall be responsible to
make all repairs to correct said deficiencies.
4.
Should the permittee fail to correct said deficiencies, the Township
shall retain the restoration fee and make said repairs using Township
work forces. Any and all costs associated with repairs performed by
the Township shall be deducted from the restoration fee. Costs exceeding
the restoration fee shall be invoiced to the permittee.
[Ord. 1998-3, 4/27/1998, § 8; as amended by A.O.]
Any person, firm or corporation who shall violate any provision
of this Part, upon conviction thereof in an action brought before
a magisterial district judge 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.
