[Ord. No. 07-14-22]
1. The following words and phrases, when used in this Part, shall have
the meanings indicated, unless a different meaning clearly appears
from the context:
DRIVEWAY
Any private road or means of entry or exit adjacent to or
abutting a Township road intended or available for access to a Township
road.
INSPECTION
A careful or critical investigation not necessarily confined
to optical observation but is understood to embrace tests and examination
for the purpose of ascertaining quality and compliance as prescribed
in this Part and discovering and correcting errors.
PERSON
Individual, partnership, corporation, municipal corporation,
or authority, or any utility public or private.
PLAN
Plan of work showing dimensions such as location of facility
or intended facility requiring opening or disturbing road, width of
traveled roadway, right-of-way lines, and dimension to nearest intersecting
road; and, where required for purposes of this Part, profile of grades,
depths of materials, utility poles, cuts and fills, and obstacles
and structures inhibiting observation.
ROAD or ROADWAYS
Any road, street, alley, curb, sidewalk, berm, or way accepted
by Township.
TOWNSHIP
Township of Logan, in Blair County, Pennsylvania.
UNIT OF DISTURBANCE
Measurement of disturbance within the Township right-of-way.
Each separate cut is considered one unit of disturbance. See fee schedule for unit cost. Maximum disturbance length is 100 feet
per one unit.
UTILITY RELOCATON
Includes the adjustment, replacement or relocation of utility
facilities as required by a street construction or repaving project
such as removing or reinstalling the facility, acquiring the necessary
rights-of-way, moving or rearranging existing facilities, changing
the type of facility and any necessary safety and protective measures.
It shall also mean the construction of a replacement facility functionally
equal to the existing facility, where necessary, for the continuous
operation of the utility service, the project economy or sequence
of street construction.
WORK
Work required or performed in opening, constructing, tunneling,
excavating, disturbing, altering, or modifying a Township road.
[Ord. No. 07-14-22]
A permit must first be obtained before any opening can be made
in any road, cartway, sidewalk or tree lawn in the Township. Any excavations
and cuttings in these areas are classified as a pavement cut.
[Ord. No. 07-14-22]
1. In accordance with the provisions of Section 2322 of Article XI of
the Second Class Township Code, as amended, no railroad or street railway shall hereafter
be constructed on any Township road, nor shall any railroad or street
railway crossing, nor any gas pipe, water pipe, electric conduits,
cable TV 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, as may be prescribed
in road occupancy permits granted by the Township for such purpose.
2. The application for a permit shall be on a form prescribed by the
Township and shall be accompanied by:
A. A fee in accordance with the current fee schedule for road occupancy permit as determined by the Township.
B. A sketch showing such dimensions as location of the intended facility,
width of the traveled roadway, right-of-way lines and the distance
to the nearest intersecting public street, road or highway.
3. A permit shall be issued to the applicant after all the aforementioned
requirements have been filed and reviewed by an approved Township
representative and all applicable fees have been paid.
4. Upon completion of the work, the applicant shall give written notice
thereof to the Township.
5. Upon completion of the work authorized by the permit, the Township
approved representative 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 30 days after written notice from the Township
to do so, the Township may do the work or an authorized contractor
selected by the Township and the Township shall impose upon the applicant
the costs thereof, together with an additional 20% of such costs for
administrative fees. In addition to that inspection, the Township
or its representative may reinspect the work not more than two years
after its completion, and if any settlement of the road surface or
other defects appears in the work contrary to the conditions, restrictions
and regulations of the Township, it may enforce compliance therewith.
6. The Township reserves the right not to issue a permit to cut the
road surface for a period of three years after a road is paved. In
the event that the applicant requests a permit within three years
after a road is paved, the Township may require that the applicant
employ means other than cutting the road surface (i.e., boring, digging,
etc.) to install utility services which pass under the road.
[Ord. No. 07-14-22]
The Township or its authorized representative shall inspect
all cuts, backfilling, pavement restoration and curb/sidewalk restoration
work that occurs within the Township's right-of-way. An inspection
fee per unit of disturbance shall be charged for this inspection.
(See fee schedule.) Accepting payment of such fees shall result in an inspection
of work performed by the contractor, but it is understood that such
acceptance does not relieve the utility of any responsibility under
this Part throughout the guaranty period.
[Ord. No. 07-14-22]
In the event of any emergency in which a main, conduit or utility
facility in or under any street breaks, bursts or otherwise is in
such condition as to immediately endanger the property, life, health
or safety of any individual, the person owning or controlling such
main, conduit or utility facility, without first applying for and
obtaining an excavation permit hereunder, shall immediately take proper
emergency measures to cure or remedy the dangerous conditions for
the protection of property, life, health and safety of individuals.
However, such person owning or controlling such facility shall apply
for a road occupancy permit no later than the end of the next succeeding
day during which the Township office is open for business.
[Ord. No. 07-14-22]
Any work done without a permit shall be subject to a penalty
fee, plus regular road occupancy permit fees per occurrence. See approved
fee schedule.
[Ord. No. 07-14-22]
The applicant shall protect, defend, indemnify, and save harmless
the Township, its officers and/or agents thereof from all claims,
suits, actions and proceedings of every nature and description which
may be brought against the Township, its officers, or agents thereof,
for or on account of any injuries or damages to persons or public
or private property because of any materials or appurtenances used
in the work, by or on account of improper materials or workmanship,
or for or on account of any accident or any other act, negligence,
or omission of said applicant, his agents, servants, or employees,
and the Township shall not, in any way, be liable therefor during
the period of the work progress and the one-and-one-half-year guarantee
period following completion and acceptance of work by the Township.
Minimum insurance shall be:
1. Liability per individual: $500,000, with a limit of $1,000,000 for
each occurrence per bodily injury.
2. Liability for property damage: $500,000.
3. Evidence of insurance in the form of a certificate or letter executed
by a duly authorized representative of the applicant's insurance
carrier shall be submitted to the Township each January 15. Said evidence
of insurance must include the provisions that the Township be given
at least 30 days' advance notice of any cancellation or any material
alteration in the applicant's policy. Any certificate of insurance
submitted to the Township must name the Township as an additional
insured on a primary and noncontributory basis.
[Ord. No. 07-14-22]
During the progress of work, the applicant shall provide such
barricades, warning signs, and flag persons to prevent injury to the
public and/or adjoining tenants. Minimum precautions must include,
but should not be limited to, advance warning signs on all approaches
to the work. All precautions shall be in accordance with 67 Pa. Code
Chapter 212 and material and construction requirements outlined in
Section 901 of PennDOT current specifications, as amended. Compliance
is also required with all applicable safety standards of the Occupational
and Safety Health Act (OSHA), as amended. When required, the applicant
shall comply with material and construction requirements of Section
902 of PennDOT Current Specifications for Maintenance and Protection
During Temporary Suspension of work.
[Ord. No. 07-14-22]
Contact 911 Center (non-emergency) for any road closure. No
road is to be closed more than 24 hours without notifying the Township
Highway Department.
[Ord. No. 07-14-22]
For small area pavement cuts, the utility or contractor shall
be required to complete the temporary restoration within 48 consecutive
hours of the initial cut during the normal working week, excluding
holidays and weekends. Time extensions may be allowed upon written
request to the Township, provided the applicant justifies sufficient
cause for the time extension. Work on long cuts (25 feet or greater
in length) shall proceed in a continuous manner in accordance with
standard safety provisions. Permits for long cuts or capital improvements
will not be granted during the months of November through March, except
upon written approval by the Township. Long cuts and capital improvements
must be complete before November 1 or a penalty per day will apply.
See fee schedule. The utility or contractor shall coordinate planned cuts
in Township streets with the paving programs of the Township. A construction
schedule comprising planned cuts shall be submitted to the Township
as soon as it becomes available. The Township will provide a paving
program to the utilities as soon as it is available and/or decided
upon.
[Ord. No. 07-14-22]
1. Cold or hot mix shall be installed immediately after the work is
performed in roadway, sidewalk, curb and berm. Note: Berm restoration
with same type of material as to previous conditions.
2. Maintain temporary restoration in a condition satisfactory to the
Township approved by the Township representative. The Township will
give the applicant verbal notice and 24 hours to repair any unsatisfactory
conditions if the applicant fails to rectify a defect which presents
an immediate or imminent safety or health problem. The Township or
its agents may do the work and impose upon the applicant the cost
thereof, together with an additional 20% of the cost.
3. Thirty days after substantial completion, permanent restoration must
be completed.
[Ord. No. 07-14-22]
Any person opening or disturbing any road shall comply with
the requirements of this section.
1. Where macadam is disturbed, the excavation or opening shall be made
by a clean cut with a diamond wheel or similar instrument. Openings
shall be saw cut back 12 inches from the limit of the trench or depression,
whichever is greater. If edge of cut is within 24 inches of roadway
edge remove existing asphalt to berm. Distance measured will be after
your twelve-inch finish cut.
2. Any person opening or disturbing any road shall backfill any resulting
excavation with Type 2A aggregate as specified in Pennsylvania Department
of Transportation Publication 408, Section 703.2(c), Table C. Backfill
shall be limestone or shall demonstrate a dry weight in pounds per
cubic feet equivalent to or greater than limestone. Compaction of
the aggregate shall be in lifts of no more than six inches. Backfill
shall be placed and compacted to within 6 1/2 inches of the existing
road grade.
3. Five inches of SuperPave asphalt mixture base course shall be placed
over the backfill in accordance with the Pennsylvania Department of
Transportation Publication 408 (latest edition) Section 313 shall
conform to the most recent calculation methodology available from
PennDOT. Unless otherwise directed, the design shall be HMA base course,
PG 64-22, 0.3 to <3.0 million ESALS, 25 mm mix.
4. One and one-half inches of SuperPave asphalt mixture wearing course shall be placed over the base course (see Subsection
3 above) in accordance with the Pennsylvania Department of Transportation Publication 408, Section 410, and shall conform to the most recent calculations methodology available from PennDOT. Unless otherwise directed, the design shall be HMA wearing course, PG 64-22, 0.3 to <3.0 million ESALS, 9.5 mm mix, SRL-G or approved equal. The wearing course of top coat shall conform to the existing road and edges. The connecting joint or road edges will be a clean saw cut or a three feet tapered milled edge. Curb to curb restoration will require a six feet tapered milled edge.
5. The joints at all road openings shall be cleaned and sealed in accordance
with the Pennsylvania Department of Transportation Publication 408,
Section 469. Joint sealer shall be PG 64-22 or approved equal.
6. If more than two cross cuts are made in a road that are less than
40 feet apart, contractor must complete a full depth restoration (one-and-one-half-inch
wearing course over five-inch base course), curb to curb or full roadway
width. If more than two cross cuts are made in a road that are greater
than 40 feet but less than 100 feet apart, contractor must install
a one-and-one-half inch wearing course, curb to curb or full roadway
width. Overlay will extend 10 feet past cuts. This is required regardless
of when of by whom the previous opening was made.
7. In order to avoid a "checkerboard" effect, when a street opening
is within 40 feet of another street opening, the openings shall be
tied together, pavement material removed, and a rectangular full lane
restoration provided. When cuts cross the center line, full road width
restoration is required. This tie-in is required regardless of when
or by whom the previous opening was made.
8. Longitudinal openings within 40 feet of one another shall be repaired
continuously, beginning 10 feet before the first opening and ending
10 feet past the last longitudinal opening consistent with full lane
requirements. This tie-in is required regardless of when or by whom
the previous opening was made.
9. When a longitudinal opening longer than 100 linear feet is made in
the pavement, the entire lane width shall require full lane restoration.
If cut crosses over road center line, full roadway restoration is
required. Beginning 10 feet before the opening and ending 10 feet
after.
10. All openings shall be rectangular, and a transverse opening shall
be at a ninety-degree angle to the curb. All restorations cut that
are within 24 inches of the road edge must remove the adjoining piece
and be fully restored. The restoration work will be organized as to
lane configurations and consideration will be given to crown or other
drainage considerations as to the placement of the opening and the
restoration work.
[Ord. No. 07-14-22]
1. Where the removal of a portion of a curb, sidewalk, or curb and gutter
is required to perform work, the curb, sidewalk, or gutter shall be
restored as follows:
A. Asphalt sidewalks shall be a minimum of 2 1/2 inches of 9.5
mm Superpave Wearing Coarse or the thickness of the adjacent material,
whichever is greater, and a minimum of four inches at driveways.
B. Asphalt curbs shall meet the requirements of PennDOT Publication
408 Specifications (latest edition), Section 636. The minimum allowable
length of a replaced curb shall be four feet. Hand-formed bituminous
curb shall have a finished minimum height of four inches above the
road surface or match the height of adjacent curb, whichever is greater.
All bituminous curb must be thoroughly and uniformly compacted by
either mechanical or by hand compaction methods. Compaction must be
deemed satisfactory by the Township or its representative.
C. Concrete sidewalks shall meet the requirements of PennDOT Publication
408 Specifications (latest edition), Section 676. The minimum allowable
length of a replaced concrete shall be four feet or one section.
D. Concrete curbs shall meet the requirements of PennDOT Publication
408 Specifications (latest edition), Section 630. The minimum allowable
length of a replaced curb shall be four feet.
E. Stone curbs shall be replaced in kind. A minimum length of replaced
curbs shall be four feet.
F. Where curbing and/or sidewalks are composed of other materials (brick,
pavers, granite, flagstone, etc.), every attempt should be made to
save the original materials and replace them during restoration.
G. If, as a result of the openings, the drainage system is disturbed,
then restoration will be required so that the existing drainage system
is repaired and functioning. The drainage system includes but not
limited to existing grades, curbs, inlets, conveyance pipes, and green
infrastructure.
[Ord. No. 07-14-22]
1. Pavement shall be considered new for a period of three years from
the date of complete placement of the new pavement.
2. Whenever any utility or contractor shall make cuts in new pavement
for purposes of replacing a main line on a street or part thereof
or for purposes of making improvements or improving or upgrading or
repairing an existing system, or when any utility or contractor shall,
for any purposes, make a cut or cuts in new pavement totaling 90 square
feet or more within any block of less than 300 feet in the Township,
then the utility or contractor shall be required to backfill and permanently
restore, refinish, mill and repave the entire width of said street
from curb to curb for the entire length of the block or blocks of
said street or streets where there is located any pavement cut or
parts thereof with said backfilling and restoring, refinishing, milling,
and repaving to be done. (The purpose of this provision is to encourage
utilities to replace their main lines and make capital improvements
or improve or upgrade their systems prior to new repaving so as to
prevent subsequent cutting of new pavement.)
[Ord. No. 07-14-22]
When cuts are made in two separate roads, regardless of the
distance between the cuts, they are viewed as separate cuts and the
contractor is not required to complete restoration between cuts, unless
the cuts are done for the same utility. However, when one cut impacts
two separate roads and another cut is less than 40 feet away, contractor
must complete full depth restoration one-and-one-half-inch wearing
course over five-inch base course) between the cuts. Overlay will
extend 10 feet past cuts. This is required regardless of when or by
whom the previous opening was made.
[Ord. No. 07-14-22]
In the event a cut is made and, upon inspection, damage to another
utility's underground facilities is discovered, it shall be the
responsibility of the party making the cut to contact PA One-Call
and all concerned pertinent utilities to instruct them to have representatives
inspect the condition before any backfilling is begun.
[Ord. No. 07-14-22]
The utility and/or its contractor must replace, in kind, all
pavement markings damaged or removed by pavement cuts and work incident
thereto. All markings must be replaced within five days after permanent
restoration. Should the contractor fail to replace the same, the municipality
shall contract to have the necessary repairs made and bill the utility
for the costs of the work, plus a 20% penalty.
[Ord. No. 07-14-22]
Electronic traffic control devices and ancillary equipment damaged
or removed because of pavement excavation or work incident thereto
must be replaced by the utility or its contractor, in kind, in whole
or in part, as required by the municipality. The municipality shall
contract to have the necessary repairs made and bill the utility for
the costs of the work, plus a 20% penalty.
[Ord. No. 07-14-22]
All property pins or survey control monuments damaged or altered
as a result of the contractor's work shall be replaced at the
contractor's expense by a registered Pennsylvania professional
land surveyor (PLS).
[Ord. No. 07-14-22]
The Township of Logan provides by this Part for the laying,
renewing and repairing of all gas, water or other pipes or conduits
in any street before the paving, repaving or repairing of the same
and for making the necessary house connections with said pipes and
also for the necessary house connections and branches with and leading
into main or lateral sewers, provided that in no case, except as a
sanitary measure, of which the municipality shall be the judge, shall
Logan Township require such house connections to be extended further
from such sewers or from such gas, water or other pipes or conduits
than to the inner line of the curbstone of such corporations, persons
and owners affected and, in default of compliance therewith, cause
said pipes to be laid, renewed or repaired and said connections made
and collect the costs of paving and repairing all pipes or conduits
with interest, and the cost of the sewer connections shall be a first
lien against the land for whose benefit such connections are made.
A separate lien may be filed therefor, or such sewer connection costs
may be included in any lien filed for the costs of such street improvement,
and the lien and the proceedings thereon shall be as in the case of
other municipal liens.
[Ord. No. 07-14-22]
When work performed by a utility or contractor under this Part
is found in violation of the same, the contractor or utility may be
given the opportunity to make corrections as required by the Township.
If the corrections are not completed in the specified time, or are
not completed as specified, the Township may suspend all work, whether
completed or in progress, in noncompliance with this Part and take
appropriate safety precautions. All work performed or contracted by
the Township of Logan to attain compliance with this regard, including
inspection and coordination fees, shall be billed to the utility or
contractor, plus a 20% penalty. In addition, a penalty for noncompliance
shall be imposed, along with being banned from working in the Township
for a period of five years.
[Ord. No. 07-14-22]
The permittee shall actively resume work upon order from the
Township after a suspension.
[Ord. No. 07-14-22]
If the permittee fails to make adequate correction to work found
in noncompliance with this Part in the time specified, a penalty shall
be imposed until said corrections are completed to these requirements.
(See fee schedule.)
[Ord. No. 07-14-22]
1. The Township reserves the right to bar any contractor or his employee
from working within the Township limits for causes set forth in this
Part. When the violations include tampering with Township property,
repeated noncompliance with specifications contained herein, damages
to public facilities, etc., the Township shall bar the contractor
and any employees for a period of five years from the date of violation.
In this case, the utility or permittee shall secure another contractor
to perform the work.
2. The Township reserves the right to refuse issuance of a permit to
cut new pavement (less than three years in age).
[Ord. No. 07-14-22]
At the discretion of the Township, licensed contractors, other
than those under contract to a utility, may be permitted to make an
opening, cut or excavation in the Township's public streets.
Sections pertaining to public utilities shall be applicable to licensed
contractors.
[Ord. No. 07-14-22]
1. Enforcement. Any police officer and/or other person authorized by
the Board of Supervisors may enforce the provisions of this Part.
2. Penalty. Any person who shall violate any provision of this Part
shall, upon conviction thereof, be sentenced to pay a fine of not
less than $100 and not more than $1,000 plus the cost of prosecution,
and/or be sentenced to imprisonment for a term not to exceed 90 days.
Every day that a violation of this Part continues shall constitute
a separate and distinct offense which shall be subject to the aforesaid
penalties.