[Adopted 7-16-1974 by Ord. No. 40; amended 11-16-2021 by Ord. No. 2021-05]
In accordance with the provisions of Section 2322 of Article XXIII of the Second Class Township Code (53 P.S. § 67322), as amended, except as otherwise provided in 15 Pa.C.S.A. § 1511, regarding public utilities, no railroad or street railway shall hereafter be constructed upon any Township road, nor shall any railroad or street railway crossings, driveway connections, gas pipe, water pipe, electric conduits or other piping be laid upon or in, nor shall any telephone, telegraph 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 specified in permits granted by the Township for such purpose.
The application for a permit shall be on a form prescribed by the Township and submitted to the Township in duplicate. The application shall be accompanied by a fee in accordance with the Chestnuthill Township schedule of fees set forth by Chestnuthill Township for road occupancy permits and restoration charges. In addition, the applicant shall submit two copies of a sketch showing such dimensions as the location of the intended facility, the width of the traveled roadway, right-of-way lines and a dimension to the nearest intersecting street. The applicant shall also post a performance bond to assure that the work is completed in accordance with the approved permit.
No permit shall be issued by the Township which would allow an excavation or opening in a Township road the street surface of which was paved and improved less than five years prior to the date of the application for a permit, unless the applicant can clearly demonstrate that public health or safety require that the proposed work be permitted or unless an emergency condition exists.
If a permit is issued to open any Township road the street surface of which was paved and improved less than 10 years prior to the date of the application for the permit, a degradation fee shall also be charged to obtain the permit to recover the estimated cost to the Township of repairing long-term pavement damage associated with open cutting pavements. The degradation charge shall be on a sliding scale and shall be set by resolution of the Board of Supervisors and be available for public inspection by request in the office of the Township Roadmaster. The Township requires prepayment of the estimated degradation fee at the time the permit is issued.
The applicant shall notify the PA One Call agency prior to any excavation, and shall include the PA One Call serial number on the permit application.
The applicant accepts full and complete responsibility for any and all injury or death to any person and for any and all damage to or destruction of property related to, arising out of or associated in connection with, the work, and shall indemnify and hold the Township, its successors and assigns, its elected and appointed officials, professional advisors, agents, servants, contractors, subcontractors, workmen, employees, construction observers and inspectors (collectively the "indemnified parties") harmless from and against any and all actions, suits, claims, proceedings, investigations, audits, demands, assessments, fines, judgments, damages, losses, settlements, costs, and other expenses (including, without limitation, attorneys' fees and expenses, including those incurred in connection with administrative and appellate proceedings, and costs of investigation incurred in defending against or settling any of the foregoing or any amounts paid in settlement thereof) which any of the indemnified parties may suffer or incur in any way related to the same, as well as any aspect of, permitting, construction, installation, operation, inspection, maintenance, repair and/or restoration.
Prior to the issuance of a permit, the applicant shall be required to furnish certificates of insurance, including comprehensive general liability insurance and workman's compensation insurance on all employees, issued by a reputable insurance company licensed to do business in the Commonwealth of Pennsylvania with an A.M. best rating of A- or better and such other insurance coverage as the Township may reasonably require, in form and amount acceptable to the Township, which shall provide for at least 30 days' prior written notice to the Township before cancellation or material change. The certificate of insurance shall indicate that the applicant is insured against claims for damages for personal injury and death as well as against claims for property damages which may arise from or out of the performance of the work, whether such performance be by the applicant or applicant's contractors, subcontractors or anyone directly or indirectly employed or acting on behalf of the applicant. Such liability insurance shall include protection against liability arising from completed operations, and shall provide complete third-party coverage for the indemnified parties, with minimum limits of not less than $1,000,000 per occurrence. Failure of the applicant to furnish such certificate shall be grounds for denying a permit.
A permit will be issued to the applicant after all the aforementioned requirements have been complied which shall set for the requirements, conditions, restrictions and regulations relating to the work being permitted. The permittee shall notify the Township Roadmaster not less than 24 hours prior to the date that work will commence.
A. 
All excavations shall be back-filled using an aggregate material of 2A Modified stone as specified in the Pennsylvania Department of Transportation Publication Number 408.
B. 
All excavations shall be back-filled in eight-inch maximum lifts, and compacted with vibratory compacting equipment as specified in the Pennsylvania Department of Transportation Number 408. The excavation shall be back-filled and compacted to a depth of six inches below the finish grade of the excavation.
C. 
The base course of the street shall consist of ID-2 binder course bituminous asphalt mix placed and compacted with vibratory compacting equipment to a compacted depth of four inches.
D. 
The surface course of the street shall consist of ID-2 wearing course bituminous asphalt mix placed and compacted with a pavement roller to a compacted depth of two inches.
E. 
Temporary pavement restoration may be accomplished utilizing cold bituminous asphalt mix placed and rolled to a depth equal to the finish grade. Temporary pavement shall be replaced at the earliest opportunity with hot mix ID-2 bituminous asphalt mix as required above. Temporary pavements shall be maintained by the permittee to provide an adequate, safe road surface.
F. 
Shoulder areas shall be reconstructed to conform to the existing cross slope utilizing 2A modified stone, and utilizing vibratory compacting equipment.
G. 
Sidewalks, curbs, and guide rail shall be replaced in a manner satisfactory to the Township Roadmaster.
H. 
All joints and saw cuts shall be sealed utilizing an in-place hot fiberized asphalt cement, class AC-20, as specified in the Pennsylvania Department of Transportation Publication Number 408. All joints are to be clean of loose and foreign material. Fiberized AC-20 shall be applied a minimum width of four inches and a uniform thickness not to exceed 1/8 inch.
Upon completion of the work, the applicant shall give written notice thereof to the Township.
Upon completion of the work authorized by the permit, the Board of Supervisors, or its agents, shall inspect the work and, when necessary, enforce compliance with the conditions, restrictions and regulations prescribed by the permit. In addition to that inspection, the Board of Supervisors or its agents may reinspect the work not more than two years after its completion, and if any settlement of the road surface or other defect appears in the work contrary to the conditions, restrictions and regulations of the Township, the Board of Supervisors may enforce compliance therewith. Where any settlement or defect in the work occurs, if the applicant shall fail to rectify any such settlement or other 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 Board of Supervisors, or its agents, may do the work and impose upon the applicant the costs thereof, together with an additional 20% of such costs, which, in addition to any other available remedies, may be recovered in an action in assumpsit in the Monroe County Court of Common Pleas.
Nothing in this article shall be construed to require a permit in advance for emergency repairs necessary for the safety of the public or the restoration or continuance of public utility service or other public service, but application for the permit and the fees shall be submitted within five days after completion of the work, after which time the remaining provisions of this article shall apply.
This article shall be enforced by action brought before a Magisterial District Judge in the same manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure. Any person, partnership, corporation or other entity who or which violates or permits a violation of the provisions of this article shall, upon conviction in a summary proceeding, pay a fine of not less than $100 nor more than $1,000 per violation, plus all court costs and reasonable attorney's fees incurred by Chestnuthill Township in the enforcement proceedings, and/or be imprisoned to the extent allowed by law for the punishment of summary offenses. Each day or portion thereof that a violation exists or continues shall constitute a separate violation, and each section of this article that is violated shall also constitute a separate offense. Further, the appropriate officers or agents of Chestnuthill Township are hereby authorized to seek equitable relief, including injunction, to enforce compliance with this article. All fines, penalties, costs and reasonable attorneys' fees collected for the violation of this article shall be paid to Chestnuthill Township for its general use.