The Limerick Township Superintendent of Public Works is appointed
to administer and enforce this chapter and is referred to herein as
Administrator. The Administrator may: fulfill the duties and responsibilities
set forth in these regulations; delegate duties and responsibilities
set forth in these regulations to a Code Enforcement Officer, Engineer,
or other Township employee or qualified technical personnel. In the
absence of a designated Administrator, the Administrator's duties
are to be fulfilled by the Engineer.
A.
It shall be unlawful for any person to occupy, cut, core, bore, excavate,
or construct or repair any structure or create a point of access in/onto
any street in the Township without first having obtained a permit
from the Administrator pursuant to this article. Exceptions to permits
required:
(1)
No permit will be required for new curb or sidewalks to be constructed
as part of an approved land development plan which is to be installed
by a developer for which the proposed street is not yet dedicated.
(2)
In the case of an emergency, a person may open or excavate any street
without first having obtained a permit pursuant to this chapter. In
that event, said person shall, within 24 hours of the commencement
of work, apply for a permit pursuant to this chapter. In the event
that said work for said emergency occurs during a holiday or such
other day when the Township office is closed and a permit cannot be
obtained, the required permit, under the terms of this chapter, shall
be obtained the first working day thereafter.
A.
Permit application. Persons desiring a Township roadway occupancy
permit under this chapter shall file an application with the Township,
to include the following information:
(1)
The name, address and cell phone of the contractor or the person
to perform the work.
(3)
The purpose for which such opening or excavation is made.
(4)
The location and approximate dimensions of each of the openings or
excavations.
(5)
An estimate of the length of time required for the work to be done
under the permit.
(6)
A plan, drawing or sketch, including plan and profile showing improvements
to be installed showing compliance with all provisions of this chapter.
(7)
Such other pertinent information as may be considered necessary.
B.
No permit shall be issued until the applicant has satisfied the following
conditions:
(1)
Payment of the permit fee.
(2)
Posting of financial security.
(a)
The applicant shall deposit cash with the Township financial
security, in the amount of which will be set by resolution by the
governing body. Such deposit may be applied by the Township toward
the cost of restoration of the street. Any balance remaining on said
security deposit may be returned by the Township to the permit holder,
or the Township, in its discretion, may retain any balance as liquidated
damages. In the event that said security deposit is not sufficient
to cover all costs of restoration, then and in that event the permit
holder shall pay to the Township the amount of such deficiency within
30 days of written notification by the Township to the permit holder
of the amount of the deficiency.
(b)
Any person, in lieu of a cash security deposit as hereinabove
provided, may furnish to the Township an alternate form of financial
security in accordance with law and shall include such conditions
as the Township may require and approve. If said financial security
is approved by the Township and thereafter any person having submitted
such financial security violates the provisions of this chapter, the
Township, in its sole and absolute discretion, may cancel and return
the financial security to said person and require said person to deposit
a cash security deposit as hereinabove stated.
(3)
Payment of street opening of newly paved street fee, as applicable.
Any permit granted pursuant to this chapter shall be granted
for a designated purpose at a specific location and for a specified
period of time. The permit may contain any further specific conditions
that may be required by the Administrator. The following general conditions
apply to all permits:
A.
Prior to starting of the work, the permit holder shall notify to
schedule with the Administrator for the supervision and inspection
of work.
B.
All work performed pursuant to a permit issued under this chapter
shall be done strictly in accordance with the terms of this article
and strictly in accordance with the terms and conditions set forth
in any permit issued hereunder;
C.
Installation and work to be done under and subject to the supervision
and approval of the Administrator;
D.
Permit holder agrees to assume all costs, expenses, damages and liability
of every kind and nature incident to and arising out of such installation
and shall assume all liability as hereinbefore set forth in said chapter;
and
E.
Permit holder shall conduct the work in the manner therein set forth
and shall and will, at its or their own proper cost and expense, restore
such excavation in accordance with the specifications set forth herein.
F.
During the progress of the work,
(1)
The permit holder shall provide and maintain such fences, barriers,
"street closed" and warning signs, red lights and other danger signals
and watchmen, as may be necessary to prevent accidents to the public,
pursuant to and in compliance with the standards established by the
Pennsylvania Department of Transportation, as set forth in Title 67,
Pennsylvania Code, Chapter 441, as may be amended or supplemented
from time to time;
(2)
The traveling public shall always be provided for and shall be inconvenienced
as little as possible;
(3)
Drainage structures and inlets to storm sewers shall be kept clean
and unobstructed;
(4)
All trenches shall be backfilled by the end of each workday or if
trench work is not completed, the trenches shall be secured as approved
by the Administrator.
G.
The permit holder is responsible for proper traffic control measures.
All traffic control shall be in accordance with PennDOT publication
213, latest edition. No roadway closures are permitted without obtaining
approvals at least 10 working days in advance.
H.
No lane restrictions shall be permitted on legal holidays and weekend
or between the hours of 7:00 a.m. and 9:00 a.m. and 3:00 p.m. and
6:00 p.m. on weekdays.
Permits received by the Township shall be reviewed and issued
or written feedback provided to the applicant as promptly as practical
but no longer later than 15 calendar days from date of receipt by
the Township. Standards of review shall be in accordance with provisions
of this chapter and any applicable state or federal requirement.
The cost of obtaining a permit shall be as set by resolution
of the governing body.
All work done hereunder shall be inspected by the Administrator
or their designee.
A.
The Township roadway occupancy permit shall be valid for a period
of six months from date of issuance unless extended by the Administrator
in writing, upon request of the applicant.
B.
Upon satisfactory completion of said work, the Township shall return
to the permit holder any financial security as provided for in this
chapter.
C.
In event the permit holder fails to restore or resurface said street
in a satisfactory manner after work is complete or before the permit
expires, the Township may perform said restoration and apply any amount
of the financial security against the costs incurred by the Township
for said restoration. In addition, if the cost of restoration work
exceeds the amount of the financial security, the permit holder shall
pay to the Township the deficiency within 30 days of the date of written
notification by the Township to the permit holder. No further permit
shall be issued to the person named as the permit holder unless and
until all deficiencies so billed by the Township to said permit holder
are paid in full.
