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 Designated Administrator or his designee, shall be deemed the
"permittee."
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
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 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.
CARTWAY
That portion of a street 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 under the cartway with an opening of 20 feet
or less, measured along the center of 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.
DESIGNATED ADMINISTRATOR
The corporate official appointed by the Township Commissioners
as the Designated Administrator or such official's properly designated
representative. The Designated Administrator 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 Superintendent and the Code Enforcement Officer.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
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.
IMPROVED AREA
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.
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 street occupancy permit issued by the Township pursuant
to this article.
PERMITTEE
See the definition of "applicant" above.
PERSON
Any natural person, firm, copartnership, association, corporation,
municipal authority, political subdivision or any other entity of
whatever type.
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 street.
TOWNSHIP
Muhlenberg Township, Berks County, Pennsylvania.
TOWNSHIP COMMISSIONERS
The Township-elected Commissioners of the Muhlenberg Township,
Berks County, Pennsylvania.
TOWNSHIP ENGINEER
A degree engineer who is qualified to technically address
street-related matters, including but not limited to the design and
construction of street paving, stormwater systems, curb and sidewalk,
placement of utilities and knowledge of PennDOT publications and is
employed, contracted or appointed by the Township.
TOWNSHIP STREET
A street under the jurisdiction of the Township, which shall
include all areas within the right-of-way thereof.
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 property owner or acting legally
on behalf of the property owner.
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 26,
1972 (P.L. 1017, No. 247) (53 P.S. § 1611), as amended, concerning environmental control measures
related to pollution and the preservation of public natural resources.
(b) The act of December 10,
1974 (P.L. 852, No. 287) (73 P.S. §§ 176 through 182),
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 24, 1974, as published in the Federal Register (29
CFR 1796.1 et seq.) or as amended and 29 CFR 1926.1 through 1926.1051,
or as amended.
(2) Any rights of any person.
(3) The conditions, restrictions
and provisions of the permit.
C. Township standards.
(1) 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.
(2) Whenever any requirement
or standard of the Township is superseded by a requirement or standard
of the federal government or of the Commonwealth of Pennsylvania,
the requirement or standard of the federal government or of the Commonwealth
of Pennsylvania, as applicable, shall apply.
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. Failure to
reimburse the Township within 30 days of notification will constitute
a consent to the Township to recover the amount to be reimbursed,
plus an administrative fee of 10%, against the posted surety bonds.
(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 §
303-44 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. Failure to reimburse the Township within 30 days of notification will constitute a consent to the Township to recover the amount to be reimbursed, plus an administrative fee of 10%, against the posted surety bonds.
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 street
right-of-way or street 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 street or
sidewalk.
(1) To protect the pavement,
sidewalk 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, sidewalk
and shoulders shall be protected by the use of matting, wood or other
suitable protective material having a minimum thickness of four inches,
unless the permit requires the permittee to repave the roadway full
width.
(3) If the equipment damages
the pavement, 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. 208,
Publication No. 213 and Publication No. 408, Section 901.
(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. At a minimum, a traffic control narrative will be
required. A site-specific plan may be required, at the Township's
discretion, when the nature of the work and/or site conditions warrant
special considerations. Detours should be avoided where practical.
If necessary, a detour plan shall be submitted to the Township and
approved by the Township before the detouring of any traffic. The
plan should include a seven-day advance notification to roadway users
via signing and notification to impacted agencies (police, fire, school,
etc.) of the planned closure.
(2) Warning signs per PennDOT
Publication No. 213 and the traffic control plan shall be placed in
advance of the actual operation in such a manner as to be visible
to the traveling public. Dropoffs shall be protected per PennDOT Publication
No. 408, and barricades with adequate illumination shall be provided
and maintained as necessary.
(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. 208 and Publication No. 213.
(4) The permittee shall maintain
access to all properties at all times. Traffic within the work area
shall not be stopped in any direction for longer than five minutes.
I. Streets under construction. No
permit application will be approved for occupancy of a section of
right-of-way within which a street construction or reconstruction
project is under way 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 §
303-43 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 street construction.
J. Sharing facilities.
(1) 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 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.
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 pre-drilling or
blasting shall be permitted within the right-of-way, unless authorized
by the permit.
(1) If the permittee proposes
to blast, the permittee shall make, execute and deliver a bond to
the Township in an amount determined by the Township, with surety
by a company duly registered and authorized to do business in the
Commonwealth 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 pre-blast 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 No. 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 street.
(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 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.
Failure to reimburse the Township within 30 days of notification will
constitute a consent to the Township to recover the amount to be reimbursed,
plus an administrative fee of 10%, against the posted surety bonds.
Q. Future street changes. If at
any time in the future the street 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 street alterations
or which is inconsistent with the purpose of the street 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.
S. Clean up. The work area shall
be swept clean of debris at the conclusion of each workday and at
the end of the project. Mud shall not be tracked onto the streets
at any time.
All permit records, restoration records and emergency work records
shall be made available for examination upon request of the Township.