[Adopted 1-2-2001 by Ord.
No. 1-2001]
The following words and terms, when used in this chapter, have
the following meanings, unless the context clearly indicates otherwise:
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.
BACKFILL
Material used to replace or the act of replacing material
removed during construction.
BASE COURSE
The layer or layers of specified or selected material or
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, as water, street or railway, which has a track
or passageway for carrying traffic or other moving loads and having
an opening measured along the center of the pavement of more than
20 feet between supports.
CENTRAL PERMIT OFFICE
The office which administers this chapter; Robinson Township,
located at 8400 Noblestown Road, McDonald, PA 15057.
CLEAR ZONE
The portion of right-of-way beyond the pavement edge.
CULVERT
A structure under the pavement with an opening of 20 feet
or less measured along the center of the pavement.
DEPARTMENT
The Township of Robinson or its representative.
DETOUR
To send traffic by a circuitous route around a portion of
a street that has been closed.
EMERGENCY
An unforeseen occurrence or combination of circumstances
which calls for immediate action or remedy.
EMERGENCY REPAIR
Repair to a utility facility undertaken to repair damage
resulting from a vehicle accident or collision with the facility,
a failed component or storm damage. The term does not include service
connections or disconnections unrelated to vehicle accidents, a failed
component, or storm damage.
EQUIPMENT
Machinery and equipment, together with the necessary supplies
for upkeep and maintenance, and tools and apparatus necessary for
the proper construction and completion of the work.
FLEXIBLE BASE PAVEMENT
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.
GROUT
A mixture of cement, water and sand.
IMPROVED AREA
The area within the right-of-way which has been constructed
for street purposes, including roadbed, pavement, shoulders, slopes,
sidewalks, drainage facilities and other appurtenances.
INSPECTOR
The Township's authorized representative assigned to
inspect permit operations.
PAVEMENT
The combination of subbase, base course and surface course
placed on a subgrade to support the traffic load or distribute it
to the roadbed, or both. The term normally includes the traveled portion
of the street and extends to the face of the curb in a curbed section.
The term does not include shoulders.
PERMIT
A.
A street occupancy permit form issued by Robinson Township under
this chapter.
B.
An authorization to occupy street right-of-way when a utility
facility relocation is required by a street construction project,
granted either by written agreement or by a street occupancy permit.
PERSON
A natural person, firm, copartnership, association, corporation,
authority, or legal entity.
PLANS
Drawings which show the location, character and dimensions
of the proposed occupancy and related street features, including layouts,
profiles, cross sections and other details.
PLOWING
Direct burial of a utility line by means of a plow-type mechanism
which breaks the ground, places the utility line and closes the break
in the ground in a single operation.
PUBLICATION 408
A Pennsylvania Department of Transportation publication containing
the street construction specifications, as supplemented.
RIGHT-OF-WAY
The area which has been acquired by the Township for street
purposes.
RIGID BASE PAVEMENT
A pavement structure which distributes loads to the subgrade
having as one course a Portland cement concrete slab of relatively
high bending resistance.
ROADBED
The graded portion of a street within top and side slopes,
prepared as a foundation for the pavement and shoulder.
SEAL COAT
A thin treatment consisting of bituminous or other approved
material, usually with cover aggregate, applied to a surface course.
SHOULDER
The existing improved or graded portion of the street, contiguous
to the traffic lanes, for accommodation of stopped vehicles, for emergency
use, or for lateral support of base and surface courses of pavements.
STREET
Any Township street, alley or other Township thoroughfare
located in the Township of Robinson, and established for the use of
vehicles and pedestrians
SUBBASE
The layers of specified or selected material of designed
thickness placed on a subgrade to support a base course.
SUBGRADE
The top surface of a roadbed upon which the pavement structure
and shoulders, including curbs, are constructed.
SUITABLE MATERIAL
Soil, granular material or shale meeting specifications in
Section 206.2 of Publication 408.
SUPPLEMENT
An amendment to a street occupancy permit.
SURFACE COURSE
One or more layers of a pavement structure designed to accommodate
the traffic load, the top layer of which resists skidding, traffic
abrasion, and the disintegrating effects of climate. The top layer
is sometimes called the "wearing course."
TACK COAT
An application of bituminous material to an existing surface
to provide bond with a superimposed course.
TEST HOLE
An exploratory opening of less than 100 square inches.
UTILITY
A person owning a utility facility, including any wholly
owned or controlled subsidiary.
UTILITY FACILITY or FACILITY
Privately, publicly or cooperatively owned lines, facilities
and systems for producing, transmitting or distributing communications,
power, electricity, light, heat, gas, oil, crude products, coal, water,
steam, waste, stormwater not connected to the Township drainage facilities,
and other similar commodities, including fire and police signal systems
and streetlighting systems, which directly or indirectly serve the
public or any part thereof.
VEHICLE
Every device which is or may be moved or drawn upon a street.
It is in the public interest to regulate the location and construction
of facilities and other structures within Robinson Township streets
and rights-of-way for the purpose of insuring the structural integrity
of the street, economy of maintenance, preservation of proper drainage
and safe and convenient passage of traffic. Nothing contained herein
is intended to relax existing safety requirements under local, state
and or federal law.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
It shall be unlawful, except as provided in Subsections A through
C, that work be performed within the right-of-way involving the placing
of utility facilities or other structures or opening of the surface
without first obtaining a permit from Robinson Township.
A. A permit application is not required for modifying parts of existing
permitted facilities, such as cable within conduit, crossarms or transformers
on poles, or manhole riser rings prior to roadway resurfacing, if
no surface opening is required.
B. Permit applications are not required for stringing overhead utility
lines.
C. Permit applications are not required for accessing an existing utility
facility through a manhole.
D. All applications shall be submitted in the name of, and executed
by, the owner, or a legal representative in case of a corporation.
An application may not be submitted in the name of contractors of
the owner or operator.
E. An applicant under this chapter shall provide satisfactory evidence
to the Township of ability to completely discharge construction, maintenance
and financial duties imposed by this chapter. An applicant shall provide
satisfactory evidence that the proposed application will not be inconsistent
with the structural integrity of the right-of-way, the Township's
maintenance responsibilities, or the safe and convenient passage of
traffic. The Township may require security, including, but not limited
to:
(1) Executing indemnity agreements satisfactory to the Township.
(2) Obtaining insurance in a form and amount acceptable to the Township.
(3) Obtaining surety bonds in a form and amount acceptable to the Township
to guarantee restoration of the permitted area in a manner satisfactory
to the Township for a period of at least two years after the acknowledged
completion of the permitted work.
(4) Depositing sufficient currency in an escrow account acceptable to the Township to fully secure the obligations in Subsection
E(3) as an alternative to the obtaining of the surety bonds.
(5) The use of bonded contractors as well as consultants and engineers
having professional liability insurance.
(6) An applicant shall submit a detailed traffic control plan for permitted
work.
(7) The permit is nontransferable.
(8) Payment of all required fees.
A permit application shall be submitted to the Township of Robinson,
8400 Noblestown Road, McDonald, PA 15057 during normal working hours.
The permit application shall be submitted at least 30 days prior to
the anticipated start of work.
Required permit application information:
A. Shall be submitted in person or by mail on a properly completed Township
of Robinson street opening permit form.
B. Shall be signed by the applicant.
C. Shall include at least two sets of plans, detailing the location
and pertinent horizontal and vertical dimensions of the opening, the
proposed installation and related street features, including specific
street location, center line, edges of pavement, outside edges of
shoulders, curbing, street drainage structures and right-of-way lines.
D. Shall be accompanied by a check or money order, payable to the Robinson
Township, in the appropriate amount, as set forth in the schedule
of fees for street opening permits.
E. Shall identify consulting engineers performing work related to the
application. The consulting engineer shall also sign the application.
F. Plans depicting occupancy of more than 200 feet of pavement or shoulder,
or both, shall have a horizontal scale of one inch equal to 50 feet.
Plans depicting other occupancy of the pavement or shoulder shall
specify dimensions from the near edge of the pavement.
G. Plans depicting installation or replacements of a facility involving
more than 100 feet of pavement or shoulder opening shall identify
utilities and other structures within the right-of-way that will be
affected by the proposed occupancy, and shall include typical cross
sections at each significant change in street cross-section features.
H. Verification that the Pennsylvania "One Call" System has been contacted.+
A traffic control plan shall be submitted with the application
in the following manner:
A. The applicant shall submit a traffic control plan for the Township
approval whenever it will be necessary to close a portion of a travel
lane during active work in progress, or during hours of darkness without
work in progress and or whenever it will be necessary to completely
close a street to perform the permitted work.
B. A traffic control plan shall clearly indicate how the work area,
vehicular and pedestrian traffic will be protected, maintained and
controlled. Two copies of a detailed drawing, showing actual site
conditions and the necessary traffic control requirements for the
specific project.
The applicant is responsible for the accuracy of the information
submitted to the Township, including the application, plans, drawings,
reports and correspondence.
A. Penalty for falsifying application. Information provided in applications
shall be accurate. Section 4904 of the Crimes Code (relating to unsworn falsification to authorities), makes
it a misdemeanor of the second degree for a person to mislead a public
servant in performing an official function by making a written false
statement which the person does not believe to be true. The Township
will examine and determine the genuineness, regularity and legality
of every application, and may reject an application if not satisfied
as to its genuineness, regularity or legality, or the truth of a statement
contained in the application. The Township may also make investigations
and require additional information as it deems necessary.
B. Debarred persons. The Township may debar a person, including permittees,
consultants, contractors, and their employees, agents, successors
and assigns, from placing a facility, working within any street or
right-of-way under permit, directing work, or having involvement in
a permit issued or an application submitted under this chapter, for
one or more of the following.
(1) Unsatisfactory past performance, as documented by records, reports
or performance ratings.
(2) Failure to complete permitted work under the permit and this chapter,
as documented by records, reports or performance ratings.
(3) Bribing, attempting to bribe or giving gratuities to a Township employee
or a permit inspector.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Application fees charged to defray costs incurred by the Township
in reviewing and processing the applications and plans, including
the preliminary review of the site location identified in the application,
whether or not a permit is issued and processed shall be as set by
resolution of the Board of Supervisors for the following:
B. Supplement fee (each six-month time extension) (each submitted change).
C. Emergency permit card (each card).
D. General permit inspection fees. General inspection fees charged to
defray costs incurred by the Township in spot inspections of permitted
work or subsequent inspections after the permitted work has been completed
and to monitor compliance with the permit and this chapter shall be
as follows:
(1) Surface openings. This fee is calculated on the total linear feet
of the opening being permitted with different areas of the right-of
way.
(a)
Total linear feet of opening (each 100-foot increment or fraction
thereof), opening in pavement or opening outside pavement and shoulder.
(b)
If a longitudinal opening simultaneously occupies two or more street areas identified in Subsection
D(1)(a), only the higher fee will be charged. Linear distances shall be measured to the nearest foot.
(2) Surface opening of less than 36 square feet — for example,
service connections performed independently of underground facility
installation, pipe line repairs (each opening), for the following:
(c)
Opening outside pavement and shoulder.
(d)
If an opening simultaneously occupies two or more street areas identified in Subsection
D(2)(a) through
(c), only the higher fee will be charged.
(3) Aboveground facilities (for example, poles, or guys or anchors, if
installed independently of poles).
(a)
For up to 10 physically connected aboveground facilities (each
continuous group).
(b)
For additional aboveground, physically connected facilities
(each pole with appurtenances).
(4) Crossings (for example, overhead tipples, conveyors or pedestrian
walkways, and undergrade subways or mines).
E. Exemptions. Permit application fees and general permit inspection
fees are not required from the following:
(2) The installation or maintenance of streetlighting at the request
of the Township.
(3) The replacement or renewal of utility facilities prior to Township
maintenance project after notice from the Township.
(4) The removal of poles and attached appurtenances.
(5) Facilities moved at the request of the Township.
F. Additional application fee. If the Township anticipates that the
cost of reviewing the required application information or inspecting
the permitted work will exceed the application or inspection fees
listed in this section by a significant amount, the following additional
fees will be assessed:
(1) Additional application fee. The Township will estimate the additional
amount of salary, overhead and expenses and prepare a reimbursement
agreement for execution by the applicant. Township review of the permit
application will commence on the effective date of the agreement.
(2) Additional inspection fees. If the Township determines that the permitted
work is of sufficient magnitude or importance to warrant assignment
of one or more persons to inspect the permitted work on a more than
spot inspection basis, the permit will so indicate and the permittee
shall be charged for additional salary, overhead and expenses incurred
by the Township for inspection.
(3) Charge calculation. The charges will be calculated either on an actual
cost basis or a standard unit cost basis.
(4) Invoices. The Township will provide an itemized invoice for additional
fees owed to the Township.
G. Refunds. The Township will refund the general permit inspection fees
on unused permits. To be eligible to receive a refund, the permittee
shall deliver the request with the permittee's copy of the permit
to the issuing officer on or before the permit expiration date.
(1) A refund processing fee shall be deducted from the general permit
inspection fees.
(2) The permit application fee is not refundable.
H. Miscellaneous fees. The applicant shall pay for notary and recording
costs if it is determined by the Township that the permit shall be
recorded in the County Office of Recorder of Deeds.
I. Any and all fees may be amended or adjusted by resolution of the
Township Supervisors.
The following conditions apply to permits issued under this
chapter:
A. Scope of permit. The permit is binding upon the permittee, its agents,
contractors, successors and assigns.
(1) The permittee is responsible for causing compliance with the terms
and conditions of the permit by its employees, agents and contractors.
(2) The permit shall be located at the work site and be available for
inspection by a police officer or a representative of the Township.
(3) The permit shall be maintained by the permittee as a permanent record
and remain in effect, subject to the permit conditions and this chapter,
as long as the permittee's facilities authorized by the permit
occupy the right-of-way.
(4) Responsibility for compliance with the terms of the permit may not
be assigned or transferred by the permittee without first obtaining
approval from the Township. If a permit is assigned or transferred
without first obtaining approval from the Township, the assignment
or transfer is void. The permit assigned or transferred also becomes
void. A facility installed under the authority of the permit shall
be subject to removal at the expense of the applicant to which the
permit was issued or its assignees, or both.
(5) The permittee is liable to the Township for failure to comply with
the permit and this chapter. The liability of the permittee to the
Township does not preclude the permittee or the Township from bringing
an action against the permittee's contractor, subcontractor,
engineer, architect, assignee, agent, workers, employees or other
persons.
B. Additional restrictions. Work authorized by the permit is subject
to:
(1) Applicable laws, rules and regulations, including but not limited
to:
(a)
The Act of October 26, 1972, concerning environmental control measures related to pollution
and the preservation of public natural resources.
(b)
The Act of December 10, 1974, concerning protection of the public health and safety
by preventing excavation or demolition work from damaging underground
utility facilities.
(d)
OSHA construction safety and health regulations.
(e)
Civil Rights Act of 1964.
(f)
The rights of any person.
(g)
The conditions, restrictions and provisions of the permit.
C. Work to conform to the Township standards. Work shall conform to
the Township standards, including the following:
(1) The work shall be done at a time and manner consistent with the safety
of the public and conform to the requirements and standards of the
Township, including, but not limited to, Department of Transportation
Publication 408.
(2) Street materials shall be obtained from the Department of Transportation
approved sources, which are identified in the current PennDOT publication
numbers 34, 35, 41, and 42. Upon request, the permittee shall make
available for review certifications for backfill and restoration materials
placed within the improved area.
(3) If it is found by the Township that the work is not being done or
has not been properly performed, the permittee shall promptly take
the necessary steps, at its own expense, to place the work in condition
to conform to the requirements or standards.
(4) If a dispute arises between the permittee and the Township's
Inspector, the Township Inspector has the authority to suspend work
until the question at issue may be referred to and decided by the
Township Office.
(5) Work not specifically regulated by this chapter shall be performed
as authorized by the Township.
D. Permittee responsibilities. Permittee responsibilities include the
following:
(1) The permittee shall pay the costs and expenses incident to or arising
from the project, including the prescribed fees for the project, the
cost of making and maintaining temporary restoration of the disturbed
areas and making permanent restoration. The permittee shall reimburse
the Township for inspection costs, which the Township deems 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 this chapter, the Township may invoke any
or all of the following remedies which are not mutually exclusive
and may invoke such other remedies as are otherwise available or provided
for in this chapter, as well as such other remedies and/or sanctions
as are available at law or in equity; immediately revoke and annul
the permit and order and direct the permittee to remove structures,
equipment or property belonging to the permittee or its contractors,
or both, from the legal limits of the right-of-way and to restore
the right-of-way to its former condition; if the Township determines
that the structures, equipment or property pose a threat to the public
safety and the permittee fails to remove it after notice from the
Township to do so, the Secretary or its Solicitor, or any attorney
of a court of record is authorized to appear for the permittee, and
to enter an amicable action of ejectment and confess judgment against
the permittee; additionally, the attorney or Solicitor is authorized
to issue, forthwith, a writ of possession with a clause of fieri fascias
for costs and expenses, without leave of court.
(3) At the end of a workday, an opening in the right-of-way shall be
covered, backfilled or protected. If work is stopped on a project,
other than at the end of a normal workday, the permittee shall promptly
backfill the opening and restore the surface, and work may not be
resumed until the permittee is prepared to proceed with the work to
its completion. If the permittee fails to backfill the opening or
proceed until completion of the work, the Township reserves the right
to do the work upon notice to the permittee, where practicable, 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 another purpose, fails to restore a portion
of the right-of-way to conform with this section the Township reserves
the right to do the work upon notice to the permittee, if practicable,
and the permittee shall reimburse the Township for the costs within
30 days after receipt of the Township's invoice.
(5) If backfill or restoration work will be performed for the permittee
by a contractor, the permittee shall identify to the Township both
its contractor and its inspector-in-charge who shall be assigned to
monitor backfill and restoration work performed within the improved
area. The permittee's inspector-in-charge, as well as the permittee,
is responsible for ensuring work is performed in compliance with the
permit, this chapter and Publication 408.
(6) The permittee shall notify the Township at least three full work
days prior to the start of work when the permit identifies that the
permitted work will be inspected on a more than spot inspection basis.
E. Altering drainage prohibited. Altering drainage shall be prohibited
by the following conditions:
(1) Unless specifically authorized by the permit, the permittee may 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 that affects the street right-of-way or street
facilities.
(2) The permit does not authorize the permittee to direct, divert or
otherwise drain surface waters over property of another property owner.
(a)
The permit does not relieve the permittee from acquiring the
consent, permission or other authorization from a property owner who
may be adversely affected by drainage alterations.
(b)
The permittee is responsible for damage caused to property owners
as a result of work done under the permit.
(3) A permit will not be issued to authorize the discharge of water into
the right-of-way unless the water is surface drainage.
F. Equipment damaging streets. A street shall be protected in accordance
with the following:
(1) Work not specifically regulated by this chapter shall be performed
as authorized by the Township.
(2) Permittee responsibilities. Permittee responsibilities include the
following:
(a)
To protect the pavement and shoulders, equipment shall have
rubber wheels or runners and have rubber, wood or similar protective
pads between the outriggers and the surface unless otherwise authorized
by the permit.
(b)
If other than rubber equipped machinery or equipment is used,
the pavement and shoulders shall be protected from equipment damage
by the use of matting or other suitable protective material, unless
the permittee requests, in writing, a waiver from the use of protective
material, thereby acknowledging its obligation and commitment to repair
or reconstruct the pavement and shoulder, if damaged, to its former
condition.
(c)
If the equipment damages the pavement or shoulders, the permittee
shall restore the damaged pavement or shoulder, or both, to its former
condition, in a manner authorized by the Township Office.
(d)
The Township Office may authorize the permittee to restore the
pavement or shoulder from superficial surface damage with a seal coat
or surface treatment.
G. Work zone traffic control. Maintenance and protection of traffic
shall be carried out by the permittee under 75 Pa.C.S.A. § 6123
(relating to erection of traffic control devices while working), the
approved traffic control plan and the applicable provisions of ordinance
203 (relating to work zone traffic control).
H. Streets under construction. No permit application will be approved
for occupancy of a section of right-of-way within which a street 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,
unless the application is accompanied by an attested certificate signed
by the contractor or other authority constructing the project, consenting
to the proposed work of the applicant within the right-of-way, together
with a waiver, release and quitclaim to the Township of damages and
defenses for delays by reason of that work and occupation of the right-of-way
by the permittee, or from a cause resulting by reason of that work
and occupation. This subsection does not apply:
(1) To an emergency. In an emergency, the permittee shall procure the
consent of the Township to do the work as deemed necessary to correct
the existing emergency condition.
(2) If the permittee has been authorized by the Township to relocate
or adjust its facilities simultaneously with street construction.
I. Indemnification. Indemnification of the Township for property and
personal injury will be governed as follows:
(1) The permittee shall fully indemnify and save harmless and, if requested,
defend the Township, its officers, agents and employees, of and from
liability for damages or injury to persons or property in a claim
or suit seeking to impose liability on the Township, its officers,
agents or employees, arising out of an act or omission of a contractor,
agent, servant, employee or person engaged or employed in, about or
upon the work, by, at the instance of or with the approval or consent
of the permittee, including a failure of the permittee or a person
to comply with the permit or this chapter.
(2) The permittee shall have the Township added as an additional insured to its or its contractor's insurance policy to secure the permittee's indemnification of the Township for property damage and personal injury under this subsection. The coverage of the Township as an additional insured shall be limited to the acts or omissions of the permittee or its contractor, as described in Subsection
I(1). The amount of insurance shall be at least $250,000 per person and at least $1,000,000 per occurrence, or other statutory limitations on damages as the Township Supervisors may establish. The policy shall be of a duration satisfactory to the Township.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(3) Upon request, the permittee shall deliver to the Township Office certificates of insurance evidencing that the coverage required under Subsection
I(2) has been obtained. The Township may accept a formalized plan of self-insurance as a substitute for the insurance described in this subsection.
J. Insurance. The permittee shall obtain, prior to the start of work,
a policy of insurance, issued by an insurer having a certificate of
authority and a licensed agent authorized to transact the business
of insurance in this Township, in accordance with the following conditions:
(1) The permittee or its contractor shall obtain insurance for public
liability and property damage, in form, amount and duration satisfactory
to the Township to cover a loss that may be incurred for construction,
reconstruction, repair, relocation or installation of the permitted
structure or facilities.
(2) Upon request, the permittee shall deliver to the Township Office certificates of insurance evidencing that the insurance coverage required under Subsection
J(1) has been obtained. The Township may accept a formalized plan of self-insurance as a substitute for the insurance described in this subsection.
(3) The permittee's obligations to indemnify the Township and obtain insurance to secure indemnification under Subsection
I and its obligation to restore the streets and obtain a bond relating to restoration under Subsection
M are separate obligations from obtaining insurance for the purposes required under this subsection. Obtaining insurance under this subsection does not relieve the permittee of its obligations under Subsections
I and
M.
K. Maintaining structure or facility. As long as the permittee operates
and leaves in place structures or facilities, in, upon or along the
right-of-way, the permittee shall maintain and keep them in good order
and repair.
L. Damaged structure or facility to be repaired. If a structure or facility becomes damaged, the permittee shall promptly have it removed, repaired or otherwise made safe. The permittee is responsible for repair or restoration of the portion of the street damaged by a structure or facility. The permittee's obligation to repair or restore the street necessitated by a damaged structure or facility under this subsection is separate from the obligations to restore the street and obtain a bond relating to restoration and maintenance of the street. Compliance with Subsection
M does not relieve the permittee of its obligations under this subsection.
M. Damage to street. Responsibility of the permittee for restoration
of the street includes the following:
(1) If there is a failure of the street, including a slope or other appurtenance
thereto, in the area of the permitted work within two years after
the acknowledged completion of the permitted work and there is no
similar failure of the street beyond the area of the permitted work,
the permittee has absolute responsibility to make temporary and permanent
restoration of this area unless the permittee delivers clear and convincing
evidence to the Township Office demonstrating that the street failure
was caused by another person.
(2) In a situation where the permittee has the responsibility to restore the street, including slope or another appurtenance thereto, under Subsection
M(1), the permittee has the duty to restore the improved area in accordance with the permit. If the permittee fails to restore the improved area properly, the Township will have the authority to do the work at the expense of the permittee. The permittee shall reimburse the Township for the costs plus 10% within 30 days after receipt of the Township's invoice.
(3) The obtaining of a bond, other security or an agreement described in §
373-9 to secure restoration costs does not relieve the permittee of the restoration obligations imposed by Subsection
M(1) and
(2), nor does it relieve the permittee of its obligations under Subsections
I and
J. The obtaining of a bond, other security or an agreement will not act as a release of the permittee from liability under principles of tort law with respect to a failure of the street in the permitted area occurring after the expiration of the bond, other security or agreement.
N. Future street changes. If in the future the street is altered for
public convenience or necessity, the permittee shall, at its own cost
and expense, change or relocate all or a part of the structures or
facilities authorized by the permit which interfere with the street
alterations or which are inconsistent with the purpose of the street
alterations.
O. Acknowledgment by inspector. Acknowledgment by the Inspector of the
Township that all or part of the permitted work has been completed
does not constitute approval or acceptance of the work or agreement
that work was performed in accordance with the permit. Acknowledgment
of completion by the Township will not act as a release of the permittee
or waiver by the Township of its right to seek performance or restitution
from the permittee.
General rule. A permit will not be issued to install aboveground
facilities at a location which the Township determines to have a high
accident potential.
A. Location of aboveground facilities. The location of an aboveground
facility shall be:
(1) New poles and other aboveground facilities shall be installed outside
the street clear zone as near the right-of-way line as practicable.
(2) Replacement of poles and other aboveground facilities shall comply
with the permit and applicable provisions of this chapter.
B. Location of wires, cables or conductors. A wire, cable or conductor
which overhangs a portion of the right-of-way shall be placed to provide
a minimum vertical clearance of 18 feet over the pavement and shoulder,
except where the National Electrical Safety Code requires vertical
clearances in excess of 18 feet due to voltage or span lengths.
C. Guys. A guy shall be placed and insulated in the following manner:
(1) A guy shall be placed to avoid interference with vehicular or pedestrian
traffic.
(2) A guy shall be insulated or grounded in compliance with the National
Electrical Safety Code.
D. Identification of poles. A pole shall bear the name or initials of
the facility owner and the pole numbers assigned by the facility owner.
General rule. Violation of this chapter or the permit requirements constitute grounds for imposition of the following sanctions and/or penalties which are in addition to and not in limitation of the penalties and/or sanctions provided in §
373-11 above:
A. Upon receipt of oral or written notice of violations from the authorized
representative of the Township or a police officer whose jurisdiction
includes the permitted work area, the permittee shall cease to perform
any further work in the permitted area except to restore the area
to a safe condition. No further work may commence in the permitted
area until the violations have been remedied. Where the permittee
has received oral notice of the violations, written notice shall be
sent to the permittee within 10 days of receipt of the oral notice.
B. Confiscation of the applicant's permit or emergency permit card
by any police officer or authorized representative of the Township.
C. Revocation of applicant's permit or emergency permit card by
the Township.
D. Removal of facilities installed without a permit or in violation
of the provisions of this chapter.
E. Any person, firm, permittee or corporation who shall violate any
provision of this chapter shall, upon conviction thereof, be sentenced
to pay a fine of $600 per day per violation and, in default of payment,
to imprisonment for a term not to exceed 60 days.
F. The Township may revoke a permit for nonpayment of a fee or fees authorized in §
373-8 (relating to permit fees), including default of a check submitted for payment.
If any sentence, clause, section, or part of this chapter is
for any reason found to be unconstitutional, illegal, or invalid,
such unconstitutionality, illegality or invalidity shall not affect
or impair any of the remaining provisions, sentences, clauses, sections
or parts of this chapter. It is hereby declared as the intent of the
Township of Robinson that this chapter would have been adopted had
such unconstitutional, illegal or invalid sentence, clause, section
or part thereof not been included herein.