[Adopted 7-20-1999 by Ord. No. 99-03; amended in its entirety 10-9-2018 by Ord. No. 2018-02]
Title: "An ordinance of the Township of Clinton Township, County
of Butler, and Commonwealth of Pennsylvania, requiring all persons
to obtain permits prior to connecting or paving driveways to public
roads; requiring the submission of plans in compliance with PennDOT
and Township design requirements prior to the issuance of permits
as applicable; providing for the disapproval of plans where connection
or work would result in improper drainage or noncompliance with PennDOT
and Township design and construction requirements; providing for the
payment of permit fees; and providing penalties for violations."
This article shall apply to all local roads, collectors, and arterials within Clinton Township as may be identified in functional classification table shown in §
147-24 of Chapter
147, Subdivision and Land Development, of the Code of the Township of Clinton, and to all properties which abut these roadways.
As used in this article, the following terms shall have the
meanings indicated:
85TH PERCENTILE SPEED
The speed, in miles per hour, which is exceeded by only 15%
of the drivers traveling on a section of highway.
ACCESS
A driveway, street or other means of passage of vehicles
between the highway and abutting property, including acceleration
and deceleration lanes and such drainage structures as may be necessary
for proper construction and maintenance thereof. (67 Pa. Code Chapter
441)
AUXILIARY LANE
The portion of the roadway adjoining the through lane that
is used for speed change, turning, storage or stacking for turning,
deceleration, acceleration, weaving and other purposes supplementary
to through traffic movement.
AVERAGE DAILY TRAFFIC (ADT)
The total volume of traffic during a number of whole days
(more than one day) and less than one year divided by the number of
days in that period.
BOARD
The Board of Supervisors of Clinton Township, Butler County,
Pennsylvania.
[Amended 7-13-2020 by Ord. No. 2020-01]
CONTRACTOR
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.
DESIGN SPEED
The maximum safe speed that can be maintained over a section
of roadway when conditions are so favorable that the design features
of the road govern.
DRIVEWAY
Every entrance or exit used by vehicular traffic to or from
properties abutting a highway. The term includes proposed streets,
lanes, alleys, courts and ways. (67 Pa. Code Chapter 441)
DRIVEWAY THROAT
That element of a driveway that extends from the point of
connection with a highway, street, road, lane, alley, court, etc.
to an interior accessway, parking pad, garage, turnaround, etc.
EGRESS
The exit of vehicular traffic from abutting properties to
a street.
FUNCTIONAL AREA
The area beyond the physical intersection of two controlled
access facilities that comprises decision and maneuver distance, and
the required vehicle storage lengths.
HIGH-VOLUME DRIVEWAY
A driveway used or expected to be used by more than 1,500
vehicles per day. (67 Pa. Code Chapter 441)
HIGHWAYS, ROADS or STREETS
Any highways, roads or streets identified on the legally
adopted municipal street or highway plan or the Official Map which
carry vehicular traffic, together with all necessary appurtenances,
including bridges, rights-of-way and traffic control improvements.
The term shall not include the interstate highway system.
INGRESS
The entrance of vehicular traffic to abutting properties
from a street.
INTERCHANGE
A grade-separated system of access to and from highways that
includes directional ramps for access to and from the crossroads.
INTERNAL TRIPS
Site-generated trips which occur between two or more land
uses on the subject site without exiting onto the intersecting street.
LEVEL OF SERVICE (LOS)
A qualitative measure describing the operational conditions
within a section of roadway or at an intersection that includes factors
such as speed, travel time, ability to maneuver, traffic interruptions,
delay and driver comfort. Level of service is described as a "letter
grade system" (similar to a school grading system) where delay (in
seconds) is equivalent to a certain letter grade from A through F.
LOCAL ROAD
Every public highway other than a state highway. The term
includes existing streets, lanes, alleys, courts and ways. (67 Pa.
Code Chapter 441)
LOW-VOLUME DRIVEWAY
A driveway used or expected to be used by more than 25 but
less than 750 vehicles per day. (67 Pa. Code Chapter 441)
MEDIUM-VOLUME DRIVEWAY
A driveway used or expected to be used by more than 750 but
less than 1,500 vehicles per day. (67 Pa. Code Chapter 441)
MINIMUM-USE DRIVEWAY
A residential or other driveway which is used or expected
to be used by not more than 25 vehicles per day. (67 Pa. Code Chapter
441)
OFF-SITE IMPROVEMENTS
Those public capital improvements which are not on-site improvements
and that serve the needs of more than one development.
ON-SITE IMPROVEMENTS
All improvements constructed on the applicant's property,
or the improvements constructed on the property abutting the applicant's
property necessary for ingress and egress to the applicant's
property and required to be constructed by the applicant pursuant
to any municipal ordinance, including, but not limited to, the municipal
code, subdivision and land development ordinance and zoning ordinance.
[Amended 7-13-2020 by Ord. No. 2020-01]
OUTPARCEL
A lot that is adjacent to the roadway that interrupts the
frontage of another lot.
OWNER
The owner of the land upon which the driveway is located
and his successors or assigns.
PennDOT
Pennsylvania Department of Transportation.
PERMIT
A highway occupancy permit issued by the Township pursuant
to this article for a temporary or permanent driveway.
PERMITTEE
The holder of a duly issued permit.
PERSON
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.
PREEXISTING DRIVEWAY
Permitted driveways in place at the time of the adoption
of this article that do not conform to the standards herein.
PUBLIC ROAD
Any road, street, alley, bridge or public thoroughfare, including
the entire area between right-of-way lines, either presently maintained
by Clinton Township, or shown on a subdivision or land development
plan and intended to be dedicated to Clinton Township's use in
the future.
RIGHT-OF-WAY
An area of land, measured from the center line of the cartway
that can be used by the public for travel and the location of utilities.
RIGHT-OF-WAY PRESERVATION
The acquisition of an area of land, through dedication or
easement, needed to accommodate the future widening of the roadway.
ROAD IMPROVEMENT
The construction, enlargement, expansion or improvement of
public highways, roads or streets.
SETBACKS
The minimum distance from the street right-of-way line to
the lot line that establishes the area within which no structure can
be erected.
SIGNAL PROGRESSION
The timing of a series of traffic signals to provide a progressive
movement of traffic at a planned rate of speed through the signalized
intersections without stopping.
STOPPING SIGHT DISTANCE
The distance required by a driver traveling at a given speed
to stop the vehicle after an object on the roadway becomes visible
to the driver.
STORAGE LENGTH
Lane footage needed for a right or left turn lane to store
the maximum number of vehicles likely to accumulate during a peak
period of travel.
STREET
Includes street, avenue, boulevard, road, highway, freeway,
parkway, lane, alley, viaduct, and any other ways used or intended
to be used by vehicular traffic or pedestrians whether private or
public.
TAPER
The widening of the roadway to allow the redirection or transition
of vehicles into or around an auxiliary lane.
TEMPORARY DRIVEWAY
A driveway as herein defined which has been permitted for
not more than 90 days unless an extension is granted by the Supervisors.
TOWNSHIP
Clinton Township, Butler County, Pennsylvania, or its duly
appointed representatives.
TOWNSHIP ROAD
Any road or street adopted or maintained by the Township
of Clinton and includes the full width of the Township's right-of-way,
together with all ditches, watercourses and facilities maintained
by the Township therein.
TRIP
A one-directional vehicular trip to or from a site.
TRIP GENERATION
The total number of vehicular trips going to and from a particular
land use on a specific site during a specific time period.
ULTIMATE RIGHT-OF-WAY
An area of land beyond the legal or dedicated right-of-way
needed to accommodate future widening of the roadway, measured from
the center line.
[Amended 7-13-2020 by Ord. No. 2020-01
Access to and occupancy of highways by driveways and local roads
requires a permit. No driveway, local road or drainage facility or
structure shall be constructed or altered within Township road right-of-way
and no drainage facility of the Township may be altered or connected
onto without first obtaining a permit from the Township. There is
hereby imposed a fee for the issuance of the permits required in this
article, which shall be fixed from time to time by resolution of the
Board of Supervisors and paid upon the application for permit. Said
fee shall be retained by the Township for its general use.
The owner and/or contractor are responsible for damage to any
portion of the public road caused by equipment in route or used at
the work site.
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, or as amended.
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
traffic. Flagpersons shall be provided as specified in the permit
and in accordance with Publication No. 43 and Publication No. 90.
D. At no time should the activities of the permittee disrupt the normal
flow of traffic on the public roadway for more than 10 minutes (i.e.,
loading and unloading of equipment or supplies from the public right-of-way).
E. During any operations permitted by this article, any equipment or
vehicles not in active use must be parked or stored at least four
feet from the edge of the cartway of the Township road.
All driveways which are constructed and have access onto a paved
public road 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 further from the Township road.
[Amended 7-13-2020 by Ord. No. 2020-01]
The Township may reinspect 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 article, 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.
As part of obtaining a driveway permit, all property owners
shall be responsible for 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 the 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.
Where construction permitted by this article 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.
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 3.5 feet. Adequate sight distance
is to be provided to the right and to the left of the driveway.
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.
Title 67, Chapter 441, of the Pennsylvania Code, as amended,
is hereby incorporated herein by reference, except where the context
thereof would be reasonably substitute the Township for the Pennsylvania
Department of Transportation; and procedure for appeals from determinations
of the Township which shall be governed by applicable law.
This article is intended to supplement and be a continuation
of prior regulations not as a repeal thereof.
[Adopted 1-12-2016 by Ord. No. 2016-01]
This article shall be known as the "Clinton Township Road Excavation
Specifications."
The following words and phrases, when used in this article,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
ADJACENT AREA
The area surrounding the immediate area of the permitted
work which can reasonably be assumed to have been affected by the
permitted work.
APPLICANT
The person or entity filing an application under this article
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 Secretary or his designee, shall be deemed the "permittee."
BACKFILL
Material used to replace excavated soils or other materials,
or the act of replacing material that has been removed during construction.
BASE COURSE
The layer or layers of specified or selected material of
designed thickness placed on a subbase or a subgrade to support a
surface course.
BRIDGE
A structure, including supports, erected over a depression
or an obstruction, such as water, a road 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.
CARTWAY
That portion of a road improved, designed or ordinarily used
for vehicular travel, exclusive of the sidewalk or shoulder.
CLEAR ROADSIDE AREA
The portions of right-of-way beyond the pavement edge within
which no existing obstructions are located.
CODE ENFORCEMENT OFFICER
A person employed or appointed by the Township to administer
and enforce the adopted ordinances of the Township.
CULVERT
Any structure not classified as a bridge that is positioned
under the cartway with an opening that allows water to flow from one
side of the cartway to the other. A culvert can vary in size or diameter
and provides an opening under the cartway.
DESIGN MANUAL, PART 5
A publication containing PennDOT's utility relocation
and accommodation policies, including any amendment thereto and any
substitution or replacement thereof.
FACILITY
Includes all privately, publicly or cooperatively owned lines
and systems for producing, transmitting or distributing communications,
electricity, heat, gas, oil, crude products, water, steam, waste and
other similar commodities which directly or indirectly serve the public
and all appurtenances and attachments thereto.
GUY
Also known as a "guy-wire," "guy-line" or "guy-rope"; is
a tensioned cable designed to add stability to a freestanding structure.
IMPROVED AREA
The area within the right-of-way which has been constructed
for road purposes, including roadbed, pavement, shoulders, slope,
sidewalks, drainage facilities and any other appurtenances.
INSPECTOR
The Township's authorized representative assigned to
inspect permit operations.
PAVEMENT
The combination of subbase, base course, binder course and
surface course placed on a subgrade to support the traffic load and
distribute it to the roadbed.
PennDOT
The Pennsylvania Department of Transportation.
PERMIT
A road occupancy permit issued by the Township pursuant to
this article.
PERMITTEE
See definition of "applicant" above.
PERSON
Any natural person, firm, copartnership, association, corporation
or political subdivision.
PLOWING
Placing utility cables underground by means of a plow mechanism.
PUBLICATION 408
A publication containing PennDOT's highway construction
specifications, including any amendment thereto and any substitution
or replacement thereof.
RIGHT-OF-WAY
The area between the right-of-way lines of a road.
TOWNSHIP
Clinton Township, Butler County, Pennsylvania.
TOWNSHIP ENGINEER
A civil engineer who is registered as a professional engineer
in the Commonwealth of Pennsylvania and is employed, contracted or
appointed by the Township.
TOWNSHIP SECRETARY
The corporate official appointed by the Township Supervisors
as the Township Secretary or such Official's properly designated
representative. The Township Secretary is responsible for the administration
of this article, and may delegate certain authority under this article
to various officers of the Township, including but not limited to
the Township Engineer, Township Inspector, Public Works Director and
the Codes Enforcement Officer.
UTILITY
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.
It shall be unlawful for any person, private entity, or subcontractor
engaged by an individual or private entity, except any department
or Municipal Authority of the Township, to perform the opening or
excavation in or under any Township road, unless and until a permit
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, Temporary Traffic Control Devices. Notwithstanding
the aforesaid, a permit shall not be required in the following instances.
A. Emergency repairs of utility facilities may be performed.
B. Permit applications are not required for accessing the utility facility
through a manhole.
C. Minor repairs and surface cleaning by residents of the Township.
The following conditions shall apply to permits issued pursuant
to this article:
A. Scope of permit. The permit shall be binding upon the permittee,
its agents, contractors, successors and assigns.
(1) The permittee shall be responsible for causing compliance with all
terms and conditions of the permit by its agents, contractors and
successors.
(2) The permit shall be located at the work site and shall be available
for inspection by the Township.
(3) The permit shall be maintained as a permanent record and remain in
effect, subject to the permit conditions and regulations set forth
in this article, as long as the facilities authorized by the permit
occupy the right-of-way.
(4) Responsibility for compliance with the terms of the permit cannot
be assigned or transferred by the permittee without first obtaining
approval from the Township. Any facility installed under the authority
of said permit shall be subject to removal or relocation by the Township,
or by its designee, at the expense of the permittee.
B. Additional restrictions. All work authorized by the permit is subject
to:
(1) All applicable federal, state and Township laws, ordinances, rules
and regulations, including but not limited to:
(a)
The Act of October 16, 1971 (P.L. 1017, No. 147) (53 P.S. § 1611), as amended, concerning environmental control measures
related to pollution and the preservation of public natural resources,
including but not limited to Stormwater MS4 Permit compliance as applicable.
(b)
The act of December 10, 1974 (P.L. 851, No. 187) (73 P.S. §§ 176
to 181), or as amended, concerning protection of the public health
and safety by preventing excavation or demolition work from damaging
underground utility facilities.
(c)
Occupational Safety and Health Administration (OSHA) construction
safety and health regulations, 39 FR 22801, June 14, 1974, as published
in the Federal Register, 29 CFR 1926.1 et seq. or as amended.
[Amended 7-13-2020 by Ord. No. 2020-01]
C. Township standards. The work shall be done at such time and in such
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 or standards. A representative from the Township or the
Township's Engineer may be on sight to inspect the work of the
contractor.
D. Permittee responsibilities.
(1) The permittee shall be responsible for all costs and expenses incident
to or arising from the permitted work, including the prescribed fees
for the same, the cost of making and maintaining temporary restoration
of the disturbed areas and making permanent restoration.
(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 article,
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 that 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, any attorney of any court of record shall be
authorized to appear and to enter an amicable action of ejectment
and confess judgment against the permittee, and the Prothonotary shall
be authorized to issue forthwith a writ of possession with 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 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 that 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 to §
139-30 of this article, 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.
E. Altering vegetation prohibited. 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.
F. Altering drainage prohibited.
(1) Unless specifically authorized by the permit, the permittee shall
not:
(a)
Alter the existing drainage pattern or the existing flow of
drainage water.
(b)
Direct additional drainage of surface water toward, onto or
into or in any way affect the road right-of-way or road facilities.
(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, permission 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.
G. Equipment damage to road or sidewalk.
(1) To protect the pavement, sidewalk and shoulders, all equipment shall
have rubber wheels or runners and shall have rubber, wood, tires,
mats, 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, sidewalk and shoulders shall be protected by
the use of matting, wood, mats, tires, 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, sidewalk or shoulders, the
permittee shall restore the pavement, sidewalk or shoulders to their
former condition, at the permittee's expense.
H. Traffic protection and maintenance. Maintenance and protection of
traffic shall be carried out in accordance with the requirements of
PennDOT as set forth in Publication No. 108 and Publication No. 213.
(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 Township. A traffic control plan
shall be submitted to the Township and approved by the Township before
the detouring of any traffic. The permittee shall notify local school
bus companies, emergency management services, and Fire Department
officials about the traffic control plan and work schedule.
(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 excavations or openings in the improved area.
(3) 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. 108 and
Publication No. 213.
I. Roads under construction. No permit application will be approved
for occupancy of a section of right-of-way within which a road 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. The provisions of this subsection shall not apply:
(1) In case of emergency, in which case the permittee shall procure the consent of the Township to do such work as deemed necessary to correct the existing emergency condition in accordance with §
139-29 of this article relating to emergency work; or
(2) Where the permittee has been authorized by the Township to relocate
or adjust its facilities simultaneously with such road construction.
J. Sharing facilities. Subsurface. The application shall identify any
other utility's facility that will be sharing a trench or structure
with the applicant's facilities.
K. 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 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; from any failure of the permittee or any such person
to comply with the permit or the regulations set forth in this article;
and from the failure, during the two-year period after completion
of the permitted work, of the road in the immediate area of the work
performed under the permit where there is no similar failure of the
road beyond the area adjacent to the area of the permitted work.
L. Insurance. The permittee shall submit to the Township a certificate
of insurance for public liability and property damage, naming the
Township an additional insured, and 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.
M. Blasting. No predrilling 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 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.
(2) 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 may require preblast inspections to be
made of all structures or facilities which, in its opinion, may be
affected by the permitted work.
(3) Only controlled blasting, as specified in PennDOT Publication 408,
shall be permitted within the improved area.
N. Maintaining structure or facility. As long as the permittee operates
and leaves in place any structure or facility in, upon or along the
right-of-way, the permittee shall maintain and keep it in good order
and repair.
O. Damaged structure or facility. 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.
P. Damage to road.
(1) If there is a failure of the road, 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 road 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 road, 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 road 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 road, 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 the work at the permittee's expense, using Township
employees and equipment and/or by contractor, as determined by the
Township in its sole discretion. The permittee shall reimburse the
Township for the costs within 30 days after receipt of the Township's
invoice.
Q. Future road changes. If at any time in the future the road in which
a permitted structure or facility is installed or constructed is altered
for public convenience or necessity, the owner of the facility shall,
at its own cost and expense, change or relocate all or any part of
the structure or facility authorized by the permit which interferes
with such road alterations or which is inconsistent with the purpose
of the road alterations.
R. 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 of 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.
All permit records, restoration records and emergency work records
shall be made available for examination upon request of the Township.