No person, applicant, authorized agent, firm or corporation
shall construct without first submitting an application for permit
for work within a Township right-of-way. All proposed work within
a right-of-way, such as, but not limited to, open-cut, bore, and/or
hole-hog; nor shall any railroad or street railway crossings nor any
gas pipe, water pipe, sewer pipe, electric conduits or other piping
be laid upon or in, nor shall any telephone, telegraph, telecommunications,
cable system, cable facility, or electric light or power poles, or
aerial facilities above surface of ground, including their underground
support and foundations, or any tipples, off-loading facilities, or
other obstructions and/or structures be erected upon or in, any portion
of a Township rights-of-way; nor shall any person, firm or corporation;
grade, construct, install or erect a drain, culvert, sidewalks, drive
or driveway or other means of ingress or egress, or effect any discharge
or passage of drainage water, onto or along a Township rights-of-way,
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.
Application for such permit shall be made by the owner or occupier
or by his contractor or agent, in writing, on forms provided by the
Township, in accordance with such rules and regulations as may be
established by the Township.
A.
Municipality does not accept liability. By reason of the grant of
a right-of-way/road occupancy permit, the municipality does not assume
any liability:
B.
Application for Township road occupancy permit for residential and
commercial driveways and public sidewalks, minimum requirements for
an acceptable submission and review:
(1)
Complete application.
(2)
Site plan that identifies property corners, and the following proposed
and/or existing; street curbs, swale, slope, culvert-pipe, drainage
ditch, public sidewalks, bike paths, shared-use pathways, street trees,
width, distance from both side property lines, orientation to the
building, and for corner lots the distance from the edge of the driveway
to street intersection radius point of curvature.
(3)
Impervious coverage, work within the right-of-way that proposes increase or decrease of impervious lot coverage of extending driveway or other maintenance or enhancement to the proposed project shall submit a complete impervious surface calculation form for review and approval of allowable lot coverage set forth in § 200-12B.
(4)
Applications for residential and commercial driveways that are proposed
or existing within the required five-foot setback from a side property
line must provide proof of a recorded driveway encroachment or shared
driveway agreement in the submission documents.
C.
Application for Township road occupancy permit for utility construction
or repairs, minimum requirements for an acceptable submission and
review:
(1)
Complete application.
(2)
Site plan. The site plan must identify the method of construction,
underground or overhead, open cut, trenchless technology, such as,
boring or hole-hog, the location of work in relation to the edge of
the street pavement, street trees, bike path, shared-use path, the
right-of-way, and nearest intersection, location of work in relation
to other underground utilities that are located in the proposed work
area, public sidewalks, curbs, and location of private driveways that
are within the proposed project area.
The cost of filing such application and of the permit to be issued thereon and the cost of any inspection deemed necessary by the Council shall be determined according to a schedule of fees which will be adopted by the Council by resolution, (see § A203-13, Driveway, right-of-way permits) and all such fees and costs shall be paid on submission.
The work to be done under the permit, and the restoration of
the rights-of-way as required herein, must be completed within the
dates specified in the permit. In addition to its own work, the permittee
is responsible for the restoration of the general area of the work,
including all disturbed sidewalk, concrete curb, landscaping, planting
and improvement materials and the permitted areas, including the paving
and its foundation, per the construction standards described in this
chapter.
A.
If the permittee opens pavement having a bituminous concrete surface
and the wearing course is less than five years old, the permittee
shall, in addition to the restoration conditions outlined in the permit
and in this section, overlay the pavement in accordance with the following
conditions:
(1)
When a longitudinal opening longer than 25 lineal feet has been made
in the pavement, the permittee shall overlay the traffic lane(s) in
roadways, and full widths of shared-use path which the opening was
made, for the entire length of street or path that was opened, in
accordance with the municipality's construction specifications.
(2)
When two or more transverse openings have been made within 100 lineal
feet of pavement, the permittee shall overlay traffic lanes in which
the openings were made, for the entire length of street or width of
the shared-use path between the openings, in accordance with the municipality's
construction specifications.
(3)
When four or more emergency openings have been made by the same permittee
within 100 lineal feet of pavement, the permittee shall overlay traffic
lanes in which the openings were made, for the entire length of street
between openings, in accordance with the municipality's construction
specifications.
(4)
If disturbed lanes adjacent to undisturbed lanes are overlaid, the
edge of the disturbed lane shall be saw cut or milled to a depth of
1 1/2 inch or the depth of the existing wearing course, whichever
is less, for the length of the opening to ensure a smooth joint, with
proper elevation and cross-section. A full-width overlay may be authorized
on various streets instead of saw cutting or milling the disturbed
lane.
B.
Regardless of the age of the wearing course:
(1)
If more than 100 lineal feet of longitudinal or transverse openings,
or both, are made in the pavement, the municipality may require the
permittee to overlay traffic lanes or full width of the roadway or
shared-use path for which the openings were made, for the entire length
of street or shared-use path that was opened, if the municipality
determines that the ride-ability or structural integrity of the pavement
has been impaired by the openings.
(2)
If four or more openings are made by the same permittee within 100
lineal feet of pavement, the municipality may require the permittee
to restore the entire disturbed pavement between openings by milling
and overlaying the entire disturbed pavement in accordance with the
municipality's construction specifications.
(3)
Permittee shall submit the proposed skid resistance level (SRL) of
the overlay material.
(4)
If an opening in made in a bituminous concrete pavement within three
feet from the edge of pavement or other longitudinal joint or opening,
the surface restoration shall be extended to the edge of pavement
or other longitudinal joint or opening.
(5)
At each end of an overlay, the permittee shall install a paving notch,
by milling to provide a minimum ten-foot transition.
(6)
The transition areas at each end of an overlay shall follow the contour
of the surrounding surface, unless otherwise directed by the Township
Engineer or their designee.
(7)
When pavement markings on more than 100 lineal feet of street are
covered or destroyed by the permitted work, including overlays, they
shall be replaced in their former locations.
A permittee, including any person, contractor or subcontractor
working for a permittee or utility, shall avoid damage to any rights-of-way,
facilities and/or public or private property. If any rights-of-way,
facilities and/or public or private property are damaged by the permittee,
including any contractor or affiliates working for the permittee,
the permittee shall promptly repair and restore such property within
10 business days. The permittee is required to mark all proposed work
areas with white paint and/or white flags and utilize the Pennsylvania
One Call System prior to any disturbance of the rights-of-way and
shall adhere to all other requirements of the Pennsylvania Underground
Utility Line Protection Act.[1]
[1]
Editor's Note: See 73 P.S. § 176 et seq.
The Township may alter plans filed with an application and specify
changes or modifications of any kind which it may deem necessary and
make its approval of the granting of any permit subject to any alterations,
changes or modifications shall require a new submission with application
fees of the plans addressing the review comments.
All work performed under this permit will be guaranteed for
18 months. The Township reserves the right to require a performance
bond for 18 months from date of acceptance. The Township will not
accept any responsibility for maintenance of the right-of-way, drainage
facilities, street trees, or appurtenances that are the result of
the work associated with the permit and submitted plans during this
period.
A permit shall be issued to the applicant after all the aforementioned
requirements have been filed. Permits are required to be on the job
site at all times during construction activity period.
Upon completion of the work, and all conditions of the permit
have been met and/or surety or bond posted, as agreed upon by the
Township, the applicant shall give written notice thereof to the Township.
Once a permit has been issued, the permittee shall provide a
minimum of a forty-eight-hour-advance notification of the actual start
of construction to the Public Works Director, Township Engineer or
their designee to schedule inspection.
A.
Permittee or its contractor shall be solely responsible for the safety
or the construction site and operations therein. The municipality
has the to inspect and give notice to the permittee or its contractor
of any unsafe condition or operations. The municipality does not assume
any liability for any unsafe conditions that it may become aware of
by inspection which will be the sole responsibility of permittee.
B.
Permittee shall make the work site available to the Public Works
Director, Township Engineer or their designee and to all others as
authorized by law for inspection at all reasonable times during the
execution and upon completion of the work.
C.
At the time of inspection, the Public Works Director, Township Engineer
or their designee may order the immediate cessation of any work which
poses a serious threat to the life, health, safety or well-being of
the public.
D.
The Public Works Director, Township Engineer, Ordinance Enforcement
Officer or their designee may issue a notice of violation to the permittee
for any work which does not conform to this chapter. The notice of
violation shall provide requirements for correction of violation,
any applicable penalties for continued violation, the process and
procedures and right of permittee that may be applicable as required.
E.
Once construction is complete, the permittee shall schedule a final
inspection by the Public Works Director, Township Engineer or their
designee for the purposes of determining if the surety can be released.
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 60
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.
Design standards of occupancy shall be in conformance with Pa.
Code, Title 67, Chapter 441, Access to and Occupancy of Highways by
Driveways and Local Roads; Pa. Code, Title 67, Chapter 459, Occupancy
of Highways by Utilities; and College Township Construction Guidelines
for Occupancy of Township Road by Driveways, as adopted by College
Township Council.
All construction work shall be performed following the PennDOT
safety guidelines, Work Zone Traffic Control Public Notice, Pub. 213,
or latest publication. In addition, College Township does not consider,
acknowledge, or authorize work on private property, PennDOT right-of-way(s)
or work within any adjoining municipality to College Township. Permittees
are to secure private easements and PennDOT highway occupancy permits
as they may apply to proposed work.
