[Ord. No. 4-2018, 2/19/2018]
This Part 1A shall be known and may be cited as the "Jackson Township Street Occupancy Ordinance."
[Ord. No. 4-2018, 2/19/2018]
The following words or phrases, when used in this Part 1A, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
The areas surrounding the immediate area of the permitted work which can be reasonably assumed to have been affected by the permitted work.
The person or entity filing an application under this Part 1A for a permit. Once a permit has been issued, the applicant, or his assignee if the assignment of the permit shall have been approved by the Township Engineer, shall be deemed the "permittee."
Material used to replace or the act of replacing material removed during construction.
The layer or layers of specified or selected material of designed thickness placed on a subbase or subgrade to support a surface course.
A structure, including supports, erected over a depression or an obstruction such as water, street or railway, and having a track or passageway for carrying traffic or other moving loads and having an opening measured along the center of the cartway of more than 20 feet between supports.
That portion of the street improved, designed or ordinarily used for vehicular travel, exclusive of the sidewalk or shoulder.
The portion of the right-of-way beyond the pavement edge within which no existing obstructions are located.
The Township's authorized representative assigned to observe permit operations.
Any structure under the cartway with an opening of 20 feet or less measured along the center of the cartway.
A publication containing PennDOT's utility relocation and accommodation policies, including an amendment thereto and any substitution or replacement thereof.
To send traffic by a circuitous route around a portion of a highway that has been closed in accordance with § 21-112 of this Part 1A (relating to traffic protection and maintenance).
An unforeseen occurrence or combination of circumstances which calls for immediate action or remedy.
All machinery and equipment, together with the necessary supplies for upkeep and maintenance, and also tools and apparatus necessary for the proper construction and completion of work.
Includes all privately, publicly or cooperatively owned lines and systems for producing, transmitting or distributing steam, waste and other similar commodities, which directly or indirectly serve the public, and all appurtenances and attachments thereto.
A pavement structure which maintains intimate contact with and distributes loads to the subgrade and depends on aggregate interlock, particle friction, and cohesion for stability.
The area within the right-of-way which has been constructed for street purposes, including roadbed, pavement, shoulders, slope, sidewalks, drainage facilities and any other appurtenances.
The combination of subbase, base course and surface course placed on a subgrade to support the traffic load and distribute it to the roadbed.
The Pennsylvania Department of Transportation.
A street occupancy permit issued by the Township pursuant to this Part 1A.
See definition of "applicant" above.
Any natural person, firm, co-partnership, association, corporation or political subdivision.
Placing utility cables underground by means of a plow mechanism.
A PennDOT publication containing requirements for work area traffic control during highway maintenance operation and utility work, including any amendment thereto and any substitution or replacement thereof.
A publication containing PennDOT's highway construction specifications, including any amendment thereto and any substitution or replacement thereof.
A PennDOT publication containing design information for highway work, including any amendment thereto and any substitution or replacement thereof.
The area between the right-of-way lines of a street.
A pavement structure which distributes loads to the subgrade, having as one course a portland cement concrete slab of relatively high bending resistance.
PennDOT Publication No. 72, containing design standards for roadway construction, including any amendment thereto and any substitution or replacement thereof.
The portion of the cartway, contiguous to the traffic lanes, for accommodation of stopped vehicles, for emergency use and for lateral support of base and surface courses and pavements.
A strip of land, including the entire right-of-way, open to vehicular use by the public. The term "street" shall include street, avenue, boulevard, road, highway, freeway, parkway, lane, alley or viaduct.
Any material or combination of materials which is constructed or erected, the use of which requires location on or beneath the ground or attached to something located on or beneath the ground.
Crushed stone as specified in PennDOT Publication 408, Section 703.2.
The native material underneath a constructed road.
The Board of Supervisors of the Township.
The Township of Jackson, Lebanon Country, Pennsylvania.
The person so designated by the Supervisors or his representative so designated either by the Supervisors or by the Township Engineer.
A street under the jurisdiction of the Township.
A person owning a utility facility, including any wholly owned or controlled subsidiary, and including any plumber or any other contractor hired or engaged by the owner.
[Ord. No. 4-2018, 2/19/2018]
1.
It shall be unlawful for any person, including any municipal authority created by the Township, except any department of the Township, to perform any work including opening or excavation in or under any Township street unless and until a permit therefor is secured from the Township for each separate undertaking. All work performed within the right-of-way shall conform to the provisions of PennDOT Publication 213. Notwithstanding the aforesaid, a permit shall not be required in the following instances:
B.
Permit applications are not required for the placing of newspaper receptacles or mailboxes, although their location is subject to the maintenance requirements of the Township.
C.
Permit applications are not required for accessing the utility facility through a manhole; however, traffic control measures shall be provided in accordance with applicable PennDOT standards.
2.
The Township Engineer or any duly authorized agent of the Township may prohibit any work being done without a proper permit or contrary to the terms thereof.
[Ord. No. 4-2018, 2/19/2018]
Application, in writing, shall be made to the Township Office, or at such other address as the Township Supervisors may from time to time designate by resolution, on the appropriate form and signed by the person making the proposed street opening or excavation, setting out the location of the proposed work, opening or excavation, the size thereof and the purpose therefor. The person making and signing said application shall comply with all provisions of this Part 1A as hereinafter set forth.
[Ord. No. 4-2018, 2/19/2018]
Permits will only be issued to utilities as defined in § 21-103, unless authorized by the Supervisors.
[Ord. No. 4-2018, 2/19/2018]
A permit is valid for a one-year period as specified on the permit. If the permittee will not complete all authorized work by the completion date specified on the permit, an application shall be submitted at least 30 days prior to the specified completion date requesting a time extension on the permit. If approved, a supplement will be issued by the Township.
[Ord. No. 4-2018, 2/19/2018]
Whenever the excavation, opening or trench exceeds the size set forth on the application, an amendment to the permit must be secured within 48 hours to cover such extra excavation, opening or trench.
[Ord. No. 4-2018, 2/19/2018]
The application shall be accompanied by a filing fee as established from time to time by appropriate resolution fully adopted by the Supervisors. In addition, a certification of insurance covering the utility which will be making the excavation, opening or trench shall also be submitted, as set forth in § 21-133 of this Part 1A, before the permit is issued.
[Ord. No. 4-2018, 2/19/2018]
Any municipal authority created by the Township shall be exempt from filing the permit fee, deposits, and bonds of this Part 1A. Any department of the Township shall be exempt from all regulations and requirements of this Part 1A.
[Ord. No. 4-2018, 2/19/2018]
When the applicant anticipates that blasting operations will be necessary in order to perform the permitted work, an executed blasting bond shall be submitted with the application as set forth in § 21-134 of this Part 1A. The Township Engineer shall determine the amount of the blasting bond. In addition, the Township Engineer shall also determine the need for preblast inspections of structures or facilities which may be affected by the permitted work. Costs for said inspections shall be borne by the applicant.
[Ord. No. 4-2018, 2/19/2018]
When the applicant anticipates that it will be necessary to close a portion of a street to vehicular traffic in order to perform the permitted work, the applicant shall submit a traffic control plan with the application for review and approval by the Township Engineer and the Township's designated police department, if any, or the State Police, if so required, prior to issuance of the permit. All traffic control plans shall follow applicable PennDOT standards.
[Ord. No. 4-2018, 2/19/2018]
Upon application duly made in accordance with the regulations set forth in this Part 1A, a permit will be issued by the Township Engineer, subject to this Part 1A and the conditions contained on the permit and its attachments and supplements. The permit will be the applicant's authorization to proceed with the work and will also serve as a receipt for the fees accompanying the application.
[Ord. No. 4-2018, 2/19/2018]
The permittee or permittee's contractor shall notify the Township Engineer a minimum of 48 hours prior to the start of work to arrange inspection of the permitted work.
[Ord. No. 4-2018, 2/19/2018]
When all permitted work has been completed, the Township Engineer shall be notified within 48 hours.
[Ord. No. 4-2018, 2/19/2018]
Should the costs of restorations and/or observations completed by the Township exceed the amount of the deposit or bond, the applicant shall, upon written notification by the Township, immediately reimburse the Township for any portion of the costs associated with making the said observations and/or restorations not covered by the deposit or bond.
[Ord. No. 4-2018, 2/19/2018]
When the Township permits the applicant to make the restorations in accordance with the requirements of §§ 21-140 through 21-154 of this Part 1A, the Township shall, within 45 days of written notification of completion of final restoration, return the portion of the deposit or bond, other than the bond of a public utility corporation set forth in § 21-110 above, which was being held as a guarantee for the performance of said restorations.
[Ord. No. 4-2018, 2/19/2018]
1.
Emergency repairs involving the placing of facilities or opening of the surface within the right-of-way may be performed prior to obtaining a permit, provided the following procedure is adhered to:
A.
The utility shall immediately notify the Township by telephone when the necessity for an emergency repair occurs.
B.
Prior to opening the surface or placing utility facilities within the right-of-way, the utility work crew shall enter the following information on the emergency permit card hereinafter provided for in legible handwriting, using indelible ink:
C.
The completed, original emergency permit card shall be located at the work site and shall be available for inspection by any representative of the Township. Reproduced copies of the original are not valid.
D.
A regular permit shall be applied for within five days to confirm and set forth, in detail, any work performed. The application number shall then be entered on the emergency permit card by the applicant.
E.
All work performed under the authority of an emergency permit card shall conform to the regulations set forth in this Part 1A, including, without limitation, those regulations set forth in §§ 21-121 through 21-139 of this Part 1A (relating to general conditions), §§ 21-140 through 21-154 of this Part 1A (relating to special conditions for subsurface operations), and §§ 21-155 through 21-160 of this Part 1A (relating to special conditions for aboveground facilities).
[Ord. No. 4-2018, 2/19/2018]
1.
Each emergency permit card is valid for two years or 25 emergency repairs, whichever occurs first.
A.
Emergency permit cards may be obtained by a utility by letter of request addressed to the Township Engineer, listing thereon the number of emergency permit cards desired. The fee for such cards shall be set by resolution of the Supervisors.
B.
The holder of emergency permit cards is responsible for assigning the proper emergency permit cards to its work crews.
C.
Each emergency permit card shall be returned to the Township within 15 days after either the 25th emergency repair authorized by the card or two years from the card issuance date, whichever occurs first.
[Ord. No. 4-2018, 2/19/2018]
[Ord. No. 4-2018, 2/19/2018]
1.
The permit shall be binding upon the permittee, its agents, contractors, successors and assigns.
A.
The permittee shall be responsible for causing compliance with all terms and conditions of the permit by its agents, contractors and successors.
B.
The permit shall be located at the work site and shall be available for inspection by any representative of the Township authorized to inspect permits.
C.
The permit shall be maintained as a permanent record and remain in effect, subject to the permit conditions and regulations set forth in this Part 1A, as long as the facilities authorized by the permit occupy the right-of-way.
D.
Responsibility for compliance with the terms of the permit cannot be assigned or transferred by the permittee without first obtaining approval from the Township Engineer. Any facility installed under the authority of said permit shall be subject to removal or relocation at the expense of the permittee.
[Ord. No. 4-2018, 2/19/2018]
1.
The work shall be done at such time and in such a manner as shall be consistent with the safety of the public and shall conform to all requirements and standards of the Township. If at any time it shall be found by the Township that the work is not being done or has not been properly performed, the permittee, upon being notified by the Township, shall immediately take the necessary steps, at its own expense, to place the work in condition to conform to such requirements and standards.
2.
Whenever any requirement or standard of the Township is superseded by a requirement or standard of the federal government or the Commonwealth of Pennsylvania, the requirement or standard of the federal government or Commonwealth of Pennsylvania, as applicable, shall apply.
[Ord. No. 4-2018, 2/19/2018]
1.
The permittee shall be responsible for all costs and expenses incident to or arising from the permitted work, 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 observation costs related to the permitted work, which the Township may deem it necessary to incur, within 30 days after receipt of the Township's invoice.
2.
In the event of failure or neglect by the permittee to perform and comply with the permit or the regulations set forth in this Part 1A, the Township may immediately revoke and annul the permit and order and direct the permittee to remove any and 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.
3.
If work is stopped on a project for any reason, other than at the end of any normal workday, and any excavations or openings, in the opinion of the Township, remain open for an unreasonable period, the permittee, if so directed, shall refill the excavations or openings, 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 excavations or openings 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 with §§ 21-121 through 21-139 of this Part 1A (relating to general conditions for subsurface operations), and §§ 21-140 through 21-154 of this Part 1A (relating to special conditions for subsurface operations), and §§ 21-155 through 21-160 of this Part 1A (relating to special conditions for aboveground facilities), 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 the receipt of the Township's invoice.
[Ord. No. 4-2018, 2/19/2018]
This permit does not authorize the permittee to cut, remove, or destroy trees or shrubbery within the right-of-way unless specifically noted on the permit.
[Ord. No. 4-2018, 2/19/2018]
2.
The issuance of a permit does not authorize the permittee to direct, divert or otherwise drain surface waters over the property of any other property owner.
A.
The issuance of a permit does not in any way relieve the permittee from acquiring the consent, permissions or other authorization from any property owner who may be adversely affected by drainage alterations.
B.
The permittee is responsible for any damage caused to any private or public property as a result of work done under the permit.
[Ord. No. 4-2018, 2/19/2018]
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 to full width.
3.
If the equipment damages the pavement or shoulders, the permittee shall restore the pavement or shoulders to their former conditions, at the permittee's expense.
[Ord. No. 4-2018, 2/19/2018]
1.
Maintenance and protection of traffic shall be carried out in accordance with the requirements of PennDOT as set forth in Publication No. 46 and Publication No. 213.
A.
The permittee shall provide and maintain all necessary precautions to prevent injury or damage to persons and property in accordance with the instructions furnished by the Township Engineer. A traffic control plan shall be submitted to the Township Engineer and approved by the Township Engineer and the Township's designated police department, if any, or the State Police, if so required, before detouring any traffic.
B.
Warning signs shall be placed in advance of the actual operation in such a manner as to appear visible to the traveling public, and substantial barricades with adequate illumination shall be provided and maintained for any excavations or openings in the improved area.
C.
Designated employees of the permittee shall be assigned by the permittee to direct one-lane traffic. Flagmen shall be provided as specified in the permit and in accordance with PennDOT Publication No. 213.
[Ord. No. 4-2018, 2/19/2018]
1.
No permit application will be approved for occupancy of a section of right-of-way within which a street construction or reconstruction project is underway, or if a contract for such a project has been let, until the project is completed and accepted by the Township Engineer. The provisions of this section shall not apply.
[Ord. No. 4-2018, 2/19/2018]
The application shall identify any other utility's facility that will be sharing a trench or structure with the applicant's facilities.
[Ord. No. 4-2018, 2/19/2018]
1.
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, persons or property:
A.
Through or in consequence of any act or omission of any contractor, agent, servant or employee of the permittee or other person engaged or employed in, about or upon the work by, at the instance or with the approval or consent of the permittee;
B.
From any failure of the permittee or any such person to comply with the permit or the regulations set forth in this Part 1A; and
C.
From the failure, during the two-year period after completion of the permitted work, of the street in the immediate area of the work performed under the permit where there is no similar failure of the street beyond the area adjacent to the area of the permitted work.
[Ord. No. 4-2018, 2/19/2018]
The permittee shall submit to the Township 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.
[Ord. No. 4-2018, 2/19/2018]
1.
No predrilling or blasting shall be permitted within the right-of-way, unless authorized by the permit.
A.
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 Engineer, with surety by a company duly registered and authorized to do business in the Commonwealth of Pennsylvania, conditioned that the Township will be saved harmless from any damages whatsoever to the improved area and all other private and public property for a period of one year from the date of the completion of the last work covered by the permit.
B.
When blasting is anticipated within 100 feet of any building or structure, a detailed plan of excavating, shoring, blasting and backfilling procedures shall be submitted with the application to the Township for review and approval. The Township Engineer may require preblast inspections to be made of all structures or facilities which, in his opinion, may be affected by the permitted work.
C.
Only controlled blasting, as specified in Section 203.3(b), PennDOT Publication 408, shall be permitted within the improved area.
[Ord. No. 4-2018, 2/19/2018]
As long as the permittee operates and leaves in place any structure or facility in, upon or along the right-of-way, the permittee shall maintain and keep it in good order and repair.
[Ord. No. 4-2018, 2/19/2018]
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.
[Ord. No. 4-2018, 2/19/2018]
1.
If there is a failure of the street, including slope or any other appurtenance thereto, in the immediate area of the permitted work within two years after completion of the permitted work and there is no similar failure of the street beyond the area adjacent to the area of the permitted work, the permittee shall have absolute responsibility to make all temporary and permanent restoration, including restoration of the adjacent area if it has also failed.
2.
If there is a failure of the street, including slope or any other appurtenance thereto, in the area adjacent to the immediate area of the permitted work within two years after the completion of the permitted work and there is no similar failure of the street in the area of the permitted work or beyond the area adjacent to the area of the permitted work, it shall be presumed that the work done by the permittee was the proximate cause of the failure, and the permittee shall be responsible to make all temporary and permanent restoration unless the presumption is rebutted by clear and convincing evidence.
3.
Where the permittee has the responsibility to restore the street, including slope or any other appurtenance thereto, under any of the above provisions, including instances where a presumption of responsibility has not been rebutted, the permittee shall have the duty to restore the improved area in accordance with the original permit. If the permittee fails to restore the improved area properly, the Township shall have the authority to do work at the permittee's expense. The permittee shall reimburse the Township for the costs within 30 days after receipt of the Township's invoice.
[Ord. No. 4-2018, 2/19/2018]
If, at any time in the future, the street, in which a permitted structure or facility is installed or constructed, is altered for public conveniences or necessity, the owner of the facility shall, at its own cost and expense, change or relocate all or any part of the structures or facility authorized by the permit which interferes with such street alterations or which is inconsistent with the purpose of the street alterations.
[Ord. No. 4-2018, 2/19/2018]
Approval by the Township's Construction Observer of all or part of the permitted work shall not constitute acknowledgement of the Construction Observer or act as a release of the permittee or waiver by the Township of its right to seek performance or restitution from the permittee.
[Ord. No. 4-2018, 2/19/2018]
1.
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 street 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 a lesser 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 affect future maintenance or replacement. Such facilities shall comply with applicable provisions of PennDOT Design Manual, Part 5.
[Ord. No. 4-2018, 2/19/2018]
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:
A.
The subsurface is solid rock.
B.
There are other facilities located longitudinally under the improved area and their location precludes methods other than trenching.
C.
Adjacent development or other existing structures or obstacles make the construction of a tunneling or boring shaft impossible.
D.
The Township Engineer determines that the disruption to traffic and length of exposure will be minimal.
3.
When trenching is specified in the permit and the utility facility is to be placed across the street in one piece, the trenching operation shall be performed by the following method:
A.
Traffic shall be routed over 1/2 the pavement width.
B.
The closed half of the pavement shall be opened to the required depth and bridged with steel plates.
C.
Traffic shall be shifted to the bridge half of the pavement.
D.
The remaining half of the pavement shall be opened to the required depth.
E.
The facility shall be placed full width.
G.
Traffic shall be shifted to the restored half of the pavement.
[Ord. No. 4-2018, 2/19/2018]
If the Township Engineer determines that the duration of trenching operation can be minimized to allow a temporary closing of the street, the entire cartway may be opened to install the facility. Permission to do so must be stated on the permit.
[Ord. No. 4-2018, 2/19/2018]
1.
Trench openings for utility facilities and other structures shall be made so that the near edge of the opening is at least three feet outside the edge of the cartway, unless the permit authorizes a lesser clearance, with a minimum depth of three feet from the surface to the top of the facility.
2.
On an unpaved street, the near edge of the trench opening shall be at least 12 feet from the general center line of the traveled street, or as authorized in Subsection 1 of this section.
3.
No trench opening shall be left open for a distance of more than 200 feet at any time, unless authorized by the permit. In addition, no more than 40 feet of trench shall be left open on the shoulder of a street at the end of any workday, unless authorized by the permit.
[Ord. No. 4-2018, 2/19/2018]
Except for emergency repairs of utility facilities or as set forth on the permit, work shall cease for peak traffic hours that exist on a particular street on a particular day. Steel 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.
[Ord. No. 4-2018, 2/19/2018]
1.
No plowing shall be permitted within the right-of-way unless authorized by the permit.
2.
Plowing operations will be authorized only in unpaved shoulders.
3.
Plowing operations are not allowed from November through March, unless authorized by the permit.
4.
No plowing shall be permitted within three feet from the edge of the cartway. A greater distance shall be attained whenever possible.
5.
The opening shall be a minimum depth of three feet. If this depth cannot be consistently maintained, the proper depth shall be achieved by trenching.
6.
The utility facility shall be installed under any structures that are less than three feet deep. All disturbed structures shall be repaired or replaced by the permittee.
7.
The disturbed area shall be restored in conjunction with the plowing operation. If heaving occurs, the disturbed area shall be reshaped, backfilled with subbase (No. 2A) and compacted until the disturbed area is restored to a condition equal to that which existed before plowing.
[Ord. No. 4-2018, 2/19/2018]
1.
The permittee shall keep the improved area free of all material which may be deposited by vehicles traveling upon or entering onto the street 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.
[Ord. No. 4-2018, 2/19/2018]
1.
All openings or excavations made in the cartway or in paved shoulders, except drill holes, shall be sawed or cut in a neat, straight line.
2.
Drill holes shall be completely filled and sealed with hot tar.
3.
All openings or excavations for utility or drainage pipes shall be bedded, haunched and initially backfilled in accordance with the utility's pipe embedment specifications. All openings or excavations above the pipe embedment zone shall be backfilled a minimum of eight inches to the bottom elevation of the pavement base course with No. 2A crushed aggregate, compacted in not more than four-inch lifts, with approved vibratory compaction equipment. Flowable backfill may be allowed, per PennDOT Publication 408. See Attachment 1.
4.
All openings or excavations other than those for utility or drainage pipes shall be backfilled to the bottom of the pavement base course with No. 2A crushed aggregate, compacted in not more than four-inch lifts, with approved vibratory compaction equipment. Flowable backfill may be allowed, per PennDOT Publication 408.
5.
All necessary compaction shall be completed to the bottom of the existing pavement.
6.
Temporary or permanent restoration shall be placed at the end of each working day.
[Ord. No. 4-2018, 2/19/2018]
1.
Base and surface restoration of flexible pavements shall be done in accordance with one of the two methods listed below, as specified in the permit:
A.
High Early Strength Concrete Restoration Method: To be used when permanent restoration is made upon completion of backfill. Prior to replacement of the base course, one foot from each edge of the trench shall be sawed or cut, in a neat, straight line, to the bottom elevation of the existing base course, and the detached material shall be removed. Drilling shall not be permitted.
(1)
The base course shall be replaced with a minimum of eight inches of high early strength concrete to the bottom elevation of the existing 2A crushed aggregate base course. The high early strength concrete shall then be cured in accordance with Section 501.3(k), PennDOT Publication 408. If a trench exceeds four feet in width, No. 6 reinforcing bars shall be installed in the concrete base course, placed at six-inch centers measured longitudinally in the direction of the trench, with a two-inch clearance on each end and a three-inch clearance bottom.
(2)
Following the concrete curing, a tack coat shall be applied in accordance with Section 460, PennDOT Publication 408.
(3)
After the tack coat has cured, the bituminous binder and/or wearing course shall be placed so as to conform to the existing type of road binders and wearing courses, and shall be based upon the Superpave® (hot-mix asphalt) requirements as applicable to the specific road.
(4)
The edges of the repair shall be sealed with the type and class of bituminous material designated for the surface course for a width of 12 inches centered on the repair joint in accordance with PennDOT Publication 408, Section 409.3(k).
B.
Ninety-Day Temporary and Permanent Restoration Method: to be used when temporary restoration is made followed by a minimum ninety-day settlement period; also to be used during late fall, winter and early spring months when Superpave® (hot-mix asphalt) materials are unavailable.
(1)
Temporary Restoration.
(a)
Temporary restoration shall be made and kept in place for a minimum of 90 days after backfilling the trench. The subbase (No. 2A) shall be placed in accordance with § 21-148 of this Part 1A with a surface of a two-inch compacted 2P-B bituminous stockpile mix. The Township Engineer shall periodically inspect the temporary restoration to ensure the surface remains level. See Attachment 2.
(2)
Permanent Restoration.
(a)
After the minimum ninety-day period, but before 210 days, the temporary restoration shall be removed and permanent restoration made.
(b)
Prior to making the permanent restoration, one foot from each edge of the trench shall be sawed or cut, in a neat, straight line, to the bottom elevation of the existing base course, and the detached material shall be removed. Drilling shall not be permitted.
(c)
The permanent base course shall consist of bituminous concrete meeting the requirements of Section 309, PennDOT Publication 408, and having a minimum depth of five inches or a depth equal to the existing base course, whichever is greater, and shall be based upon the Superpave® requirements as applicable to the specified road.
(d)
The permanent surface course shall be placed in accordance with the depths of the existing bituminous surface, but in no case shall the wearing course be less than 1 1/2 inches, and it shall be based upon the Superpave® requirements as applicable to the specific road (reference PennDOT Publication 408, Section 409).
(e)
The edge of the repair shall be sealed with the type and class of bituminous material designated for the surface course for a width of 12 inches centered on the repair joint in accordance with PennDOT Publication 408, Section 409.3(k).
[Ord. No. 4-2018, 2/19/2018]
1.
Upon completion of the trench backfill, the subbase (No. 2A) shall be placed in accordance with § 21-148 of this Part 1A with a temporary surface of compacted 2P-B bituminous stockpile mix. Permanent restoration can be made any time prior to the expiration of 210 days from the backfilling of the trench. If permanent restoration is completed immediately after backfilling, temporary restoration is not required.
2.
Prior to replacement of the base, one foot from each edge if the trench shall be sawed or cut, in a neat, straight line, to a depth of at least three inches, and the detached material shall be removed. Drilling shall not be permitted where sawing or cutting is required.
A.
The replacement base shall consist of high early strength concrete equal in depth to the original concrete pavement.
B.
On existing reinforced cement concrete pavements, reinforcing steel and expansion tie bolts shall be placed in accordance with PennDOT Roadway Construction Standard RC-26.
C.
The surface shall be restored as follows:
(1)
The surface shall be cured in accordance with Section 501.3(k), PennDOT Publication 408. After surface corrections have been completed and just before the concrete becomes nonplastic, the surface shall be given a textured finish in accordance with Section 501.3(j), PennDOT Publication 408.
(2)
Surface restoration of a cement concrete pavement which has a bituminous surface shall be done in accordance with Subsection 2A of this section.
(3)
The edge of the repair shall be sealed with the type and class of bituminous material designated for the surface course for a width of 12 inches centered on the repair joint in accordance with PennDOT Publication 408, Section 409.3(k).
[Ord. No. 4-2018, 2/19/2018]
1.
Paved and Stabilized Shoulders.
A.
Temporary Restoration.
(1)
Temporary restoration shall be made and kept in place for a minimum of 90 days after backfilling the trench. The subbase (No. 2A) shall be placed in accordance with § 21-148, or any substitution or replacement thereof, of this Part 1A with a surface of a two-inch compacted 2P-B bituminous stockpile mix.
B.
Permanent Restoration.
(1)
After the minimum ninety-day period, but before 210 days, the temporary restoration shall be removed and permanent restoration made.
(2)
Prior to making the permanent restoration, one foot from each edge of the trench shall be sawed or cut, in a neat, straight line, to the bottom elevation of the existing base course, and the detached material shall be removed. Drilling shall not be permitted.
(3)
Paved and stabilized shoulders shall be reconstructed and restored to a serviceable condition, of the same type as existed before the start of work.
2.
Unpaved Shoulders.
A.
Retained material which complies with Section 206.2, PennDOT Publication 408, may be used for backfill, up to within 18 inches of final grade. The final 18 inches of backfill shall consist of subbase (No. 2A). The width of the shoulder shall be no less than four feet.
B.
If the length of the facility exceeds 50 feet, the shoulder shall be graded, rolled and penetrated with RT-2C or MC-30 bituminous material at a minimum rate of 0.25 gallon per square yard and chipped or lightly sanded to prevent tracking of oil onto the pavement.
[Ord. No. 4-2018, 2/19/2018]
1.
All disturbed portions of the street, including all appurtenances and structures such as guiderail or drainpipes, shall be restored to a condition equal to or better than that which existed before the start of any work authorized by the permit.
[Ord. No. 4-2018, 2/19/2018]
1.
If the permittee opens the street pavement, whether to install a new facility or to modify an existing facility or for any reason other than to perform emergency work pursuant to §§ 21-118 through 21-120 of this Part 1A (relating to emergency work), and the wearing courses is less than five years old, the permittee shall, in addition to the minimum restoration conditions outlined in §§ 21-140 through 21-153 of this Part 1A (relating to special conditions for subsurface operations), overlay the street 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 street pavement, the permittee shall overlay the traffic lane(s) in which the opening was made, for the entire length of street that was opened.
B.
When two or more transverse trench openings are made by the permittee in the street pavement less than 100 feet apart, the permittee shall overlay all traffic lanes in which the openings were made for the entire length of the street between such openings.
2.
Regardless of the age of the wearing course, when both longitudinal and transverse trench openings are made in the street pavement, the Township may require the permittee to overlay all traffic lanes in which such openings were made, for the entire length of street that was opened, if the Township Engineer determines that the present serviceability of the street has been impaired by the openings.
3.
Except for emergency repairs, the Township may prohibit street openings where the wearing course is less than five years old.
[Ord. No. 4-2018, 2/19/2018]
Permits will not be issued to install aboveground facilities which the Township Engineer determines to have a high accident potential.
[Ord. No. 4-2018, 2/19/2018]
1.
New poles, guys, and other aboveground facilities shall be installed outside the street's clear roadside area as near the right-of-way line as practicable, in accordance with Section 9.08B(1) of PennDOT Design Manual, Part 5.
[Ord. No. 4-2018, 2/19/2018]
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.
[Ord. No. 4-2018, 2/19/2018]
Each pole shall bear the name or initials of the facility owner and the pole number(s) assigned by the facility owner.
[Ord. No. 4-2018, 2/19/2018]
All permit records, restoration records and emergency work records shall be made available for examination by an authorized representative of the Township upon request.
[Ord. No. 4-2018, 2/19/2018]
1.
Any violation of the regulations set forth in this Part 1A shall constitute grounds for imposition of any or all of the following penalties:
A.
Upon receipt of oral or written notice of any violation(s) from the Township's authorized representative, 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 (have) been remedied. Where the permittee has received oral notice of the violation(s), written notice shall be sent to the permittee within five days of the receipt of the oral notice.
B.
Confiscation of the applicant's permit or emergency permit card by the Township Engineer.
C.
Revocation of the applicant's permit or emergency permit card by the Township Engineer.
D.
Removal by the utility facilities'owner of facilities installed without a permit or in violation of the regulations set forth in this Part 1A.
[Ord. No. 4-2018, 2/19/2018]
Any person who shall violate any provision of this Part 1A shall, upon conviction thereof in a summary proceeding before a Magisterial District Judge, be sentenced to pay a fine of not more than $1,000, together with costs of prosecution; and in default of payment of such fine and costs, said person (including an officer of a corporation if a corporation is the person involved) shall be subject to imprisonment in jail for a term not to exceed 90 days. Each day that a violation continues shall constitute a separate violation and shall be punishable as such.
[Ord. No. 4-2018, 2/19/2018]
Notwithstanding anything set forth above in this Part 1A, whenever the provisions of this Part 1A shall be inconsistent with the provisions of the Subdivision and Land Development Ordinance of the Township [Chapter 22], and the Zoning Ordinance of the Township [Chapter 27], as each of the aforesaid are from time to time amended, and the provisions of any of said ordinances are more restrictive or contain more-stringent requirements than are set forth in this Part 1A, the provisions of said ordinances shall prevail and be applicable.
[Ord. No. 4-2018, 2/19/2018]
The provisions of this Part 1A are intended as minimum standards for the protection of the public health, safety and welfare of the residents and inhabitants of the Township. If an applicant for a permit is able to demonstrate to the Supervisors, at a public meeting of the Supervisors, that the literal compliance with any provision of this Part 1A will be unreasonable and will cause undue hardship as applied to the applicant, the Supervisors may grant a waiver of such provision, if the waiver will not be contrary to the public interest.
[Ord. No. 4-2018, 2/19/2018]
The provisions of this Part 1A are severable; and if any section, subsection, paragraph, sentence, clause, phrase or provision of this Part 1A is for any reason found to be unconstitutional, illegal or invalid by a court of competent jurisdiction, such findings shall not affect or impair any of the remaining sections, subsections, paragraphs, sentences, clauses, phrases, or provisions of this Part 1A. It is hereby declared to be the intent of the Supervisors that this Part 1A would have been adopted had such unconstitutional, illegal or invalid section, subsection, paragraph, sentence, clause, phrase, or provision not been included herein.
[Ord. No. 4-2018, 2/19/2018]
1.
Permit Issuance Fees. 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. Permit issuance fees shall be determined and set forth from time to time by resolution of the Supervisors.
2.
General Permit Observation Fees. General observation fees are used to defray costs incurred by the Township in spot observation(s) of permitted work and/or subsequent observation(s) after the permitted work has been completed, to insure compliance with the permit and these regulations. Permit observation fees shall be determined and set forth from time to time by resolution of the Supervisors.
3.
Additional Observation Fees. If the Township determines that the permitted work is of sufficient magnitude or importance to warrant assignment of one or more Construction Observers to observe said work, on more than a spot observation basis, the permittee shall be charged for all salary, overhead and expenses incurred by each Construction Observer and the Township.
4.
Temporary and Permanent Restoration Fees. (Public utility franchises in the Township are exempt).
A.
Restoration fees cover the cost for the Township to make necessary temporary and permanent restoration of trenches. A deposit of the required fee by the applicant shall be held by the Township to guarantee that the restorations have been made. If the restorations are to be made by the Township, the deposit shall be used to cover the cost to make the restorations. Restoration fees shall be determined and set from time to time by resolution of the Supervisors.
B.
If the costs to the Township to make the restoration and/or observations exceed the amount on deposit, the applicant, upon written notification by the Township, shall immediately reimburse the Township for the costs incurred with said observations and/or restoration.
C.
If the applicant makes said restorations, upon completion of final restoration and receipt of written notification by the Township, the Township shall, within 45 days, make a refund for the deposit portion of the cost of the restoration's guarantee to the applicant.
5.
Upon completion of all required restorations, and when the same shall have been approved by the Township Engineer, the applicant agrees to tender the following documents to the Township:
A.
Deeds of dedication (in triplicate), in customary form satisfactory to the Township Solicitor, dedicating to the Township all required easements for any and all water lines, sewer lines and storm sewer lines, if any, together with any other easements for public improvements, open space, walkways and the like; and
B.
Financial security assuring the Township payment of an amount equal to 15% of the actual cost of installation of such restorations to secure the structural integrity of the restoration as well as the functioning of said improvements, in accordance with their design and specifications, for a term not to exceed 18 months from the date of acceptance of dedication or approval of the work by the Township. The actual costs of installation of the improvements and restorations shall be established by the submission of the applicant to the Township of such costs and approval thereof by the Township; and
C.
An amount equal to the cost of recording such deeds or deeds of dedication, together with the Township's legal expenses, if any, incurred in the preparation or review of said deed(s) of dedication or requisite maintenance financial security.
6.
Township Authorities Exempt. Any municipal authority created by the Township shall be exempt from the permit fees, general permit observation fees, additional observation fees, temporary and permanent restoration fees and bonds of public utilities as provided herein. Township authorities, however, are not exempt from obtaining a permit as provided for in this Part 1A.
7.
Blasting Bond Amount. When blasting will be required, a blasting bond shall be provided in amounts to be determined and set from time to time by resolution of the Supervisors.
[Ord. No. 4-2018, 2/19/2018]
The form for an application of street occupancy permit shall be determined and set from time to time by resolution of the Supervisors.
[Ord. No. 4-2018, 2/19/2018]
The form for an emergency permit card shall be determined and set from time to time by resolution of the Supervisors.