[Ord. 151, 11/13/1990, § 1; as amended by Ord. 231, 10/14/2008]
In accordance with the provisions of § 2322 of the Second Class Township Code, 53 P.S. § 67322, no railroad or street railway shall hereafter be constructed upon any Township road, nor shall any railroad or street railway crossings, nor any gas pipe, water pipe, electric conduits, or other piping be laid upon or in, nor shall any telephone, telegraph, television cable, or electric light or power poles, or any coal tipples or any other obstructions be erected upon or in, any portion of a Township road except under such conditions, restrictions and regulations relating to the installation and maintenance thereof, as may be prescribed in permits granted by the Township for such purpose.
[Ord. 151, 11/13/1990, § 2]
The application for a permit shall be on a form prescribed by the Township and submitted to the Township in triplicate. The application shall be accompanied by a fee in accordance with the schedule of fees set forth by the Department of Transportation, for highway occupancy permits and restriction charges. In addition, the applicant shall submit three copies of a sketch showing such dimensions as the location of the intended facility, width of the traveled roadway, right-of-way lines and a dimension to the nearest intersecting street.
[Ord. 151, 11/13/1990, § 2]
1. 
A permit shall be issued to the applicant after all the aforementioned requirements have been filed.
2. 
Once the street excavation permit is obtained, the permittee shall notify the Township 24 hours prior to the date that work will commence.
[Added by Ord. No. 287, 3/10/2020]
[Ord. 151, 11/13/1990, § 3]
1. 
Permanent repair of the roadway cut must be made within six weeks of the opening of the cut. The roadway must be restored in accordance with Pennsylvania Department of Transportation and Old Lycoming Township specifications.
2. 
All street restoration shall be done in accordance with the following specifications:
[Added by Ord. No. 287, 3/10/2020]
A. 
Where applicable, all materials used shall be on the "List of Approved Materials" with the PA Department of Transportation. Certification slips shall be provided to the Township by the permittee.
B. 
All asphalt and concrete products to be used shall be supplied by a plant approved by the PA Department of Transportation. Certification and delivery slips shall be provided to the Township by the permittee.
C. 
All construction shall be in accordance with the PA Department of Transportation Specifications Publication 408, dated April 1, 2011, and any supplements thereto, unless otherwise noted or directed by the specifications contained herein.
D. 
Maintenance and protection of traffic shall be performed by the permittee in accordance with the applicable provisions of the PA Department of Transportation Publication 212, Publication 213, and Publication 408. The Township reserves the right to require the permittee to submit a traffic control plan prior to starting work.
[Ord. 151, 11/13/1990, § 4]
Upon completion of the work, the applicant shall give written notice thereof to the Township.
[Ord. 151, 11/13/1990, § 6]
Upon completion of the work authorized by the permit, the Township shall inspect the work and, when necessary, enforce compliance with the conditions, restrictions and regulations prescribed by the permit. Where any settlement or defect in the work occurs, if the applicant shall fail to rectify any such settlement or other defect, within 10 days after written notice from the Township to do so, the Township may do the work and shall impose upon the applicant the cost thereof, together with an additional 20% of such cost.
[Ord. 151, 11/13/1990, § 7]
1. 
The person, firm, corporation, or utility making the road cut, or the designated applicant on the permit, shall be required to maintain the road cut for a period of two years from the date the opening was made.
2. 
Excavation cuts made between November 1 and March 1 must be permanently restored within 60 days from March 31. Only emergency excavation cuts may be considered and approved by the Township during this time. Any project requiring excavation during this period shall require a written request to the Board of Supervisors for its approval.
[Added by Ord. No. 287, 3/10/2020]
3. 
Excavation cuts made between April 1 and October 1 must be permanently restored within 60 days, but at no time later than when the asphalt plants close for the season.
[Added by Ord. No. 287, 3/10/2020]
4. 
Excavation cuts made during the month of October must be permanently restored prior to the closure of asphalt plants for the season.
[Added by Ord. No. 287, 3/10/2020]
[Added by Ord. No. 287, 3/10/2020]
1. 
Notification of Utilities. Whenever the Township shall decide to pave or resurface any street, the Township Street Commissioner shall serve notice on all underground utility companies at least six months prior to the start of construction requiring them to inspect, install or repair all underground lines in advance of the paving or resurfacing.
2. 
General Restoration Requirements. The Township will require complete road overlay from affected intersection to affected intersection, consisting of a minimum of a scratch coat and a one-inch overlay complete with mill notch tie-ins at the beginning, end and any intersection being affected in between. All utility manholes in the area of the excavation shall be raised to meet the new surface.
3. 
Pavement Restoration.
A. 
T-trench shall be the standard restoration practice for all excavations greater than eight inches in width. (See typical detail for trench restoration.) Outermost saw cuts and/or milling may not extend into the bituminous base material. In the event a failure occurs in a T-trench, the Township may require additional restoration requirements. The Township reserves the right to require compaction testing by an independent testing agency for an opening or multiple openings exceeding 50 feet in length.
B. 
Minimum pavement restoration requirements for trenches exceeding 100 feet in length shall be restored to a full lane(s) width for the entire length of the trench. The wearing course shall be milled to a depth of 1 1/2 inches, base surface cleaned and a tack coat applied as specified. The Township may direct the contractor to utilize 1/2 inch of the wearing course to complete a scratch course as needed. The asphalt wearing surface will then be restored by means of a mechanical paving machine.
C. 
If four or more openings occur within 250 feet by the same utility, that affected lane(s) will be required to be milled to a 1 1/2 inch depth and a new wearing surface placed in accordance with Subsection 2B above. This includes openings counted over one construction season. However, in the event that a new service is requested by a utility customer that triggers the land resurfacing provision, an exception may be granted by the Street Township Commissioner.
D. 
If more than 100 linear feet of longitudinal or traverse openings, or both, are made to the pavement in one construction season, the Township will require the permittee to overlay the traffic lanes where the openings were made, for the entire length of the roadway that was opened. This includes longitudinal and traverse openings over multiple construction seasons.
E. 
All openings or excavations shall be backfilled promptly, including the placement of hot or cold patch, two inches in depth, as temporary paving. If the excavation cannot be backfilled the same working day, the open trench must be plated for vehicular use.
F. 
The temporary paving shall be thoroughly bound and compacted, shall be flush with the surface of the adjoining paving, and maintained until permanent restoration is made.
G. 
On concrete base streets, such concrete shall be replaced with Class A concrete to match the existing thickness, and the minimum size of the opening or excavation shall be 16 square feet.
[Added by Ord. No. 287, 3/10/2020]
1. 
Moratorium Requirements. There shall be a moratorium on road cuts on all municipal roads within Old Lycoming Township that have been paved or resurfaced within the previous five-year period. The moratorium prohibits street-cutting of newly constructed or reconstructed pavement less than five years old, except in the case of an emergency. In the case of an emergency, an extended maintenance fee will be charged for cuts and cold patch on newly paved streets. (See also § 21-110.)
2. 
Newly Paved Streets. No excavation, other than those considered by the Board of Supervisors or its designated agent as an emergency, shall be permitted within any newly paved street (less than two years). Any request for an exemption must be made in writing to the Township and must state the reason for the proposed cut.
[Added by Ord. No. 287, 3/10/2020[1]]
1. 
Fees. If a cut is approved by the Supervisors for a moratorium street, a degradation fee will be assessed at $100 per square foot. (Example: six foot x six foot cut = 36 square feet x $100 per square foot = $3,600). This fee will be required to be paid in full before a permit is issued and any work begins.
2. 
Billing Practices. Old Lycoming Township may, by resolution, change its billing practices at any time as it relates to forms, guidelines, fees, etc.
[1]
Editor's Note: This ordinance also provided for the renumbering of former § 21-108 as § 21-111.
[Ord. 151, 11/13/1990, § 8; as amended by Ord. 182, 7/9/1996, § 2.I; and by Ord. 231, 10/14/2008]
Any person, firm or corporation who shall violate any provision of this Part, upon conviction thereof in an action brought before a magisterial district judge in the manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure, shall be sentenced to pay a fine of not less than $300 for the first offense, not less than $600 for each subsequent offense, and not more than $1,000 plus costs and, in default of payment of said fine and costs, or other maximum as established by State law, to a term of imprisonment not to exceed 90 days. Each day that a violation of this Part continues or each Section of this Part which shall be found to have been violated shall constitute a separate offense.