Simplified language. It shall be unlawful for any person, firm or corporation to open or to make any work, including any opening or excavation, in any of the streets, alleys or rights-of-way in the Township without first securing a permit therefor as hereinafter provided. The Township's Department of Public Works, the Caernarvon Township Municipal Sewer Authority and the Caernarvon Township Authority shall be exempt from this permit requirement.
[Adopted 10-23-2018 by Ord. No. 299]
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
The charge for said permit shall, for each separate undertaking, be in accordance with the schedule of fees most recently adopted by the Board of Supervisors. Applications must be submitted in writing to the Township on the form provided or made available by the Township. Each application shall be submitted to the Township in duplicate. Every such permit shall specify where said opening or excavation may be made, together with the probable length, width and depth thereof, and such further information as the Township may require; and any additional surface to be disturbed may be endorsed on the permit by the said Township. The person making and signing said application ("applicant") shall comply with all the provisions if this section as hereinafter set forth and all requirements of the application therein. Emergency breaks or leaks may be repaired at the time discovered, provided a permit is secured within 48 hours thereafter.
A.
Blasting operations are not permitted within any Township right-of-way. Only upon approval by the Township Engineer shall blasting occur, which shall then be in complete compliance with all state requirements. Evidence of approval and compliance shall be provided to the Township with the permit application.
B.
The applicant shall comply with the PA One Call Act 121.[1] The permit application shall be accompanied by the required Pennsylvania One Call System notification serial number for the desired work. Failure to provide said serial number shall result in the permit denial.
[1]
Editor's Note: See 73 P.S. § 176 et seq.
C.
Responsibility for compliance with the terms of the permit cannot be assigned or transferred by the applicant without first obtaining approval from the Township. Any facility installed under the authority of said permit shall be subject to removal or relocation at the expense of the applicant.
D.
The permit application shall be accompanied by a traffic control plan applicable to the work zone necessary for the work, excavation or opening. The traffic control plan shall indicate the necessary signage required for the work, excavation or opening and shall be developed in accordance with the current version of the Manual on Uniform Traffic Control Devices (MUTCD), PennDOT Publication 213, PennDOT Publication 408, and other applicable laws.
E.
Applicant shall establish an escrow account or post a bond or other form of acceptable security at the time of application, in accordance with § 416-39, below.
F.
If the applicant performs any work, openings or excavations that will affect any traffic control devices, the applicant shall indemnify and hold harmless Caernarvon Township from any claim, suit and damage arising from or related to the actions and/or inactions of the applicant.
A.
All work in connection with openings in any street, including excavation, protection, refilling and temporary paving, shall be done by the applicant at his expense and all such work shall be subject to the provisions of this article and to the supervision and approval of the Township's Road Foreman and Township Engineer.
B.
The Township shall issue a permit to the applicant after all requirements have been met and the application has been duly filed and fees paid. The Township may, after consultation with the Township Road Foreman, the Township Engineer and/or Township Police Department, issue the permit subject to conditions or specifications as may be appropriate in the sole discretion of the Township, including, but not limited to the following:
(1)
For openings of 270 square feet or less, in addition to all permits now or hereafter required and all permit fees required to be paid therefor, all persons, firms or corporations, or their agents shall deposit a cash escrow amount equal to the Township Engineer's estimate of costs for roadway restoration and all necessary inspections with the Township before digging or excavating within any street within the Township or removing or destroying the paying thereof, except for repair of sewer or water lines.
(2)
For openings of 270 square feet or greater, in addition to all permits now or hereafter required and all permit fees required to be paid therefore, all persons, firms or corporations or their agent shall submit a performance bond or other form of security acceptable to the Township in an amount equal to the Township Engineer's estimate of costs for roadway restoration and all necessary inspections, plus 10% for contingencies and, upon completion of repairs, post a maintenance bond to remain in effect for one year (or provide a performance bond that will remain in effect for this one year maintenance/corrective period). The form of bond shall be acceptable to the Township and the Township Solicitor.
(3)
Where any Township road or street that has been resurfaced by a bituminous material, or reconstructed within the previous three years, shall be subject to a penalty of five times the cost of the typical permit fee for the excavation or opening per the schedule of fees most recently adopted by the Board of Supervisors;
(4)
Working hours shall be from 9:00 a.m. to 4:00 p.m. on Monday through Friday. All operations, detours and traffic control must be in strict compliance with these hours. Exceptions to these restrictions may only occur after written approval from the Township Engineer. No work shall occur during any holiday.
(5)
Payments for all work done by the Township under the provisions hereof shall be made by the applicant/permit holder under the provisions hereof within 30 days after a bill therefor is sent to such person by the Township. Upon failure to pay such charges within such time, the same shall be collectible by the Township in the manner provided by law for the collection of municipal claims or liens.
(6)
All work authorized by the permit is subject to all applicable federal, state and Township laws, ordinances, rules and regulations.
Maintenance and protection of traffic shall be in accordance with PennDOT Publication 213. The applicant shall assume all risks and be liable for all damages by reason of the openings and excavations or the work and by reason of any failure to properly fill the hole or trench and maintain the disturbed surface and work area in a safe condition. In no case shall any opening or excavation made by any person, firm or corporation be considered in the charge or care of the Township or any officer or person employed by the Township, and no officer or employee is authorized to in any way take or assume any jurisdiction over such opening or excavation.
A.
Excavation. Excavation within existing cartways of the Township shall be done with hand-operated pneumatic tools and hydraulically operated equipment or by such other methods as will furnish a clean cut in the pavement and base without undue disturbance to subgrade or fragmentation of surrounding street or roadway. All materials excavated shall be the responsibility of the applicant for proper disposal. Limits of the work are subject to adjustment by the Township during inspection if necessary to restore the adjacent infrastructure properly.
B.
Backfilling. Backfill within the right-of-way shall be PennDOT 2A aggregate, compacted in six inch lifts. Backfill in areas beyond the limits of paving may be an alternate material only if approved by the Township Engineer. Compaction shall meet the requirements of PennDOT and completed to the bottom of the temporary restoration.
C.
Restoration.
(1)
Temporary restoration.
(a)
Method. Two inches minimum of approved PennDOT temporary restoration material or three inches minimum of bituminous base course and compacted to a smooth surface. Temporary restoration shall be completed at the end of each working day.
(b)
Responsibility. All temporary restoration shall be maintained by the Applicant for a minimum of 90 days after backfilling or as otherwise directed by the Township Engineer and/or Road Foreman. The temporary restoration shall be maintained in a smooth condition by additional application of approved PennDOT temporary restoration material as necessary and/or within 24 hours of verbal or written notification from the Township.
(c)
The temporary restoration shall be three inches minimum of bituminous base course if installed after October 31. Personal restoration shall not occur until April 1 unless otherwise approved by the Township Engineer.
(2)
Permanent restoration.
(a)
Method 1. All temporary restoration and additional material shall be removed from the trench area to a depth of the bottom elevation of the existing base course immediately adjacent thereto or to a depth sufficient to install the required bituminous material. The entire area shall then be properly rolled and compacted. All existing vertical surfaces adjacent to the permanent restoration shall receive a tack coat. Upon the compacted subbase and/or subgrade shall be constructed a four inch minimum Superpave base course, 25 mm, and 1.5 inches Superpave wearing course, 9.5 mm. Upon completion of permanent restoration, all edges of the new bituminous material shall be sealed with hot bituminous materials of the class and type designated for the surface course for a width of six inches on both sides thereof. The required skid resistance level (SRL) and ESAL rating shall be used for all PennDOT bituminous asphalt mix design materials.
(b)
Method 2. All temporary restoration and additional material shall be removed from the trench area to a depth equal to the bottom elevation of the existing base course immediately adjacent thereto or to a depth sufficient to install the required bituminous material. The entire area shall then be properly rolled and compacted. The entire area shall then be properly rolled and compacted. Upon the compacted subbase and/or subgrade shall be constructed at eight-inch thick plain concrete pavement, followed by a 1.5 inches Superpave wearing course, 9.5 mm. Upon completion of permanent restoration, all edges of the new bituminous material shall be sealed with hot bituminous materials of the class and type designated for the surface course for a width of six inches on both sides thereof. The appropriate SRL and ESAL rating shall be used for all PennDOT bituminous asphalt mix design materials. The concrete pavement shall be in accordance with PennDOT Publication 72M, RC-27M, current edition.
(c)
Responsibility. The person, firm, corporation, bureau or utility responsible for permanent restoration shall maintain and repair said restoration for a period of one year following completion of permanent restoration to the satisfaction of the Township.
(d)
Any disturbed lawn areas within the right-of-way shall be sodded after backfilling with PennDOT 2A aggregate material, compacted in six inch lifts and four inches minimum of topsoil placed at the surface. Grass shall be grown to a condition equal to or better than which existed before the start of any work authorized by the permit. Backfill may be a suitable material, free of rock, mud or other undesirable material only if previously approved by the Township Engineer.
(e)
Where the excavation or opening is within a defined stone shoulder or stone area, backfill may be PennDOT 2A aggregate material up to the surface elevation.
(f)
Any repair, replacement or installation of curb, sidewalk or driveway are subject to requirements of this article and shall be in accordance with Article II of this chapter, or revision thereto, as well as the details on GVC drawing 3055-002-B-101, attached hereto and made a part hereof.[1]
[1]
Editor's Note: Said drawing is included as an attachment to this chapter.
(g)
All disturbed portions of the street, including all appurtenances and structures such as guide rail or drain pipes, shall be restored to a condition equal to or better than which existed before the start of any work authorized by the permit.
(h)
When a longitudinal trench opening is made within a travel lane of the street for a distance of 100 feet or greater, the applicant shall overlay the travel lane(s) in which the opening was made for the entire length of street that was opened.
(i)
When two or more transverse trench openings are made by the applicant in the street less than 100 feet apart, the applicant shall overlay all travel lanes in which the openings were made for the entire length of the street between such openings.
(j)
If the wearing course is more than three years old when both longitudinal and transverse trench openings are made in the street, the Township will require the applicant to overlay all travel lanes in which such openings were made, for the entire length of street that was opened, if the Township Engineer determines that the present serviceability of the street has been impaired by the openings.
(k)
No excavation shall be permitted in any Township road or street that has been resurfaced by a bituminous material, or reconstructed within the previous three years, unless the entire cartway width for the length of the resurfaced length or the block at which the excavation occurs is milled and overlaid with Superpave asphalt mixture design, 9.5 mm, wearing course, including the appropriate SRL and ESAL rating.
(l)
The top of every manhole, valve box or other access to the facility shall be at the same elevation as the surface in which it is located.
(m)
All plating installed by the applicant shall be made safe for and adequately support vehicles and/or pedestrian use. The size of the plate shall be large enough to span the opening plus 12 inches beyond the edge of the excavation in all directions, be firmly placed to prevent rocking and sufficiently ramped with cold patch or concrete at least six inches in width.
(n)
All plating shall be fastened by pining, countersinking or other PennDOT approved method to prevent movement. Plates shall be pinned in each corner with a smooth headed pin that does not protrude more than 0.5 inch. The pins must extend into the street at least three inches.
(o)
Any plate shall be removed immediately upon completion of permanent restoration. The Township shall be notified immediately if the plating is to remain for more than 72 hours.
(p)
Any and all material slips must be provided to the Township upon request to verify material used within right-of-way is acquired from an approved source.
(q)
Upon completion of the work authorized by the permit, the applicant shall notify the Township to inspect the work and, when necessary, enforce compliance with the conditions, restrictions and regulations prescribed by the permit.
D.
Traffic control guidelines.
(1)
All work shall be in accordance with Pennsylvania Department of Transportation Form 408, latest revision, Articles II and III of this chapter, and the details shown on GVC drawing 3055-002-B-100 attached hereto and made a part hereof.[2] Maintenance and protection of traffic shall be in accordance with PennDOT Publication 213 and maintained by the applicant or his/her agent.
[2]
Editor's Note: Said drawing is included as an attachment to this chapter.
(2)
Traffic flow shall be maintained at all times. Flaggers shall be used when traffic is reduced to one lane, with a one-minute maximum delay in any one direction.
(3)
Road closings shall be considered only under extremely difficult conditions and on a case-by-case basis.
(4)
A Township road shall not be closed without first obtaining the required Township road occupancy permit.
(5)
A Township road shall not be closed without first submitting a detour plan in accordance with PennDOT Publication 213 and obtaining approval from the Township Engineer.
(6)
Advance notice of a minimum of 48 hours must be provided to the Township prior to the road closure.
If the work in filling or maintaining the surface shall not be promptly or shall be unskillfully or improperly or incompletely done, the Township Engineer and/or Road Foreman may cause the same to be done in accordance with the provisions of this article after at least 10 days' written notice to the applicant that the same be done, and the expense thereof, including any overhead expense, shall be charged to the applicant together with 10% additional as penalty. The escrow amount equal to the Township Engineer's estimate of costs for roadway restoration and all necessary inspections shall be used toward any penalty charge by the Township. No permit shall be issued to any person, firm or corporation in default under this section until the costs and penalty herein provided are paid and no further permit shall be granted to any person, firm or corporation unless and until the openings or excavations already caused by him or it have been properly filled and the surface maintained as aforesaid, in a safe condition and at the proper grade, of which the said Engineer and/or Road Foreman shall determine.
A.
The permit holder shall maintain the portion of the street or right-of-way disturbed by the opening or excavation for a period of one year from the date the backfilling is completed at a proper grade and condition free from ridges and depressions. To guarantee maintenance during this one-year period, the permit holder shall submit a bond in form acceptable to the Township and Township Solicitor (either a separate maintenance bond or a performance bond that remains in effect for this one year maintenance period).
B.
If, within a period of one year from the date the backfilling is completed, the Township Road Foreman or Township Engineer determines that the backfilling, surface restoration or maintenance of the disturbed area is defective, he shall notify the permit holder, in writing, of the defective condition and require the permit holder take action to abate the defective condition within 30 days. If the permit holder fails to take corrective action to abate the defective condition within 30 days, the Township may invoke its rights pursuant to any bond posted by the permit holder or take such action itself to abate the defective condition. The permit holder shall be liable for all costs and expenses incurred by the Township to abate such defects and for any penalty assessed as a result of the permit holder's failure to comply with its obligations hereunder.
If the person, firm or corporation who digs or excavates said street area or removes or destroys the paving thereof, at its own expense, restores said street area to grade, and repaves the same in accordance with the provisions of this article and a manner satisfactory to the Township Engineer and/or Road Foreman, and maintains the said area for a period of one year after said regrading or repaving, then the Township shall refund said escrow amount to the person, firm or corporation who paid the same and release any bond (or other form of security) posted by the permit holder.
Every person, firm or corporation to whom a permit is issued or by whom any opening or excavation is made shall assume all risks and be liable for all injuries or damages occasioned by the opening or excavation of the street or by failure to properly protect the same, to backfill the same, to restore the surface or to maintain the surface or by any other action or inaction in connection therewith. Such person shall indemnify and hold harmless the Township, its officials and employees of and from any such liability. In addition, such person shall submit to the Township Administrator, prior to the issuance of the permit, a certificate or certificates of insurance for public liability and property damage, in an amount satisfactory to the Township. Said policy shall name Caernarvon Township as an additional insured.
A.
In the event any person, partnership, firm or corporation violates the provisions of this article or the terms and conditions of any permit issued hereunder, the Township, through its Township Engineer, may take any one or more of the following actions: a) order the cessation of the work; b) order the performance of additional or corrective work by or on behalf of the permit holder; c) revoke the permit; d) impose a penalty of up to $600 per violation. The Township may also invoke its right under any bond supplied by a permit holder.
B.
When the penalty imposed for the violation of this article is not voluntarily paid to the Township, the Township shall initiate a civil enforcement proceeding before a Magisterial District Judge. The civil enforcement proceeding shall be initiated by complaint or by such other means as may be provided by the Pennsylvania Rules of Civil Procedure. The Magisterial District Court may impose a civil penalty not to exceed $600 per violation. In addition to or in lieu of civil actions before a Magisterial District Court, the Townships may enforce this article in equity.
C.
In any case where a penalty for a violation of this article has not been timely paid and the person upon whom the penalty was imposed is found to have been liable therefor in civil proceedings before the Magisterial District Court, the violator shall be liable for the penalty imposed, including additional daily penalties for continuing violations, plus court costs and reasonable attorneys' fees incurred by the Township in the enforcement proceedings.
Any person, partnership, firm or corporation aggrieved by a determination of the Township or it agents in the administration of this article shall file a written request for reconsideration with the Township Board of Supervisors (attn: Chairman) within 30 days of the determination.
If any section, subsection, provision, regulation, limitation, restriction, sentence, clause, phrase or word in this article is, for any reason, declared to be illegal, unconstitutional or invalid by any court of competent jurisdiction, this decision shall not affect or impair the validity of the article as a whole, or any other section, subsection, provision, regulation, limitation, restriction, sentence, clause, phrase, word, or remaining portion of the article. The Board of Supervisors hereby declares that it would have adopted the article and article, section, subsection, provision, regulation, limitation, restriction, sentence, clause, phrase and word thereto irrespective of the limitations, restrictions, sentences, clauses, phrases, or word that may be declared illegal, unconstitutional or invalid.
All ordinances inconsistent with the above provisions are repealed to the extent of their inconsistency, including but not limited to Ordinance Nos. 39, 43, 86 and 189.
The location and numerical designation of these above-referenced sections shall be delegated to the discretion of the General Code Publishers, who may renumber or reorder these revised sections as is necessary.
This article shall become effective five days from the date of enactment, and shall be codified into the Code of Caernarvon Township.