[Adopted 3-11-2008 by Ord. No. 2008-02]
In accordance with the provisions of Section 2322 of Article XXIII of the Second Class Township Code, as amended, no Township street may be opened or cut or occupied unless in accordance with a permit granted by the Township for that purpose.
Editor's Note: See 53 P.S. § 67322.
The application for permit shall be on a form prescribed by the Township and submitted to the Township in duplicate no later than seven days prior to the requested street opening date. The application shall be accompanied by a fee in accordance with the schedule of fees as established from time to time by resolution of the Township. In addition, the applicant shall submit three copies of a sketch showing such dimensions as the size and location of the intended facility, width of the traveled roadway, right-of-way lines and dimension to the nearest intersecting street.
A permit shall be issued by the Township to the applicant after all the aforementioned requirements have been filed. The permit shall be valid for 60 days from the date of issue.
At least five working days prior to the proposed start of work, the applicant or his representative shall contact the Pennsylvania One Call System at (800) 242-1776, report the proposed work and obtain a serial number, and provide such serial number to the Township. No work shall begin until such date and time as authorized by Pennsylvania One Call.
The applicant shall notify the Township 24 hours in advance of starting work and upon completion of temporary restoration and permanent restoration.
While conducting work authorized by the permit, the Township may 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 defect in the work within 60 days after written notice from the Township to do so, the Township may do the work and impose upon the applicant the cost thereof together with an additional 20% of such cost.
Township streets shall remain open at all times during work authorized by the permit. Warning signs shall be placed beyond each end of the construction area in such a manner as to be visible to the traveling public and in accordance with the requirements of the Pennsylvania Department of Transportation. When required to maintain the flow of traffic, flagmen shall be provided.
All materials, openings or excavations made or obstructions created under permits issued pursuant to this article must be barricaded and marked from sunset to sunrise by warning devices, visible from the roadway in both directions, placed so as to indicate the exact location and limits of the work or obstruction.
Restoration is to be performed by the applicant in compliance with the specifications set forth in this article and subject to the approval and inspection of the Township.
Excess material shall be removed from the job site. Weather conditions permitting, final restoration shall be completed within 90 days after the completion of the initial work. The Township shall be notified by the applicant prior to commencement of final restoration work.
Specifications for street openings are found on Exhibits A and B. Said specifications may be amended by the Board of Supervisors from time to time as necessary.
Editor's Note: Exhibits A and B are included at the end of this chapter.
No utilities, except for transverse laterals, shall be placed in the planting area between the face of curb and the sidewalk or within five feet of the edge of cartway or paved shoulders. This area is reserved for municipal use for storm sewers, traffic signs, streetlights, etc.
Potentially hazardous combinations of utilities, such as water/sewer and gas/electric shall be separated by a horizontal distance of 10 feet for mains and six feet for laterals.
The work area shall be swept clean, cleaned of debris and otherwise policed at the end of each workday and at the end of the project. Mud shall not be tracked onto the streets at any time. All mud shall be cleaned up by the end of the day after verbal or written notice from the Township or its agents.
The applicant shall comply with all OSHA safety requirements and procedures, including, without limitation, all confined space requirements. All trenches over five feet in depth shall be shored or protected with a trench box. If the work cannot be completed in one workday, proper barricades, flashing lights, steel plates or other methods shall be used to secure the site and ensure the safety of travelers on the roads in the Township until the next workday.
Conduits and pipes shall be installed with a minimum of 18 inches of cover. In no case shall conduits or pipes be allowed to be placed in or bond to the bottom of the paving. Separation shall be obtained by at least three inches of screenings, to allow paving to be milled in the future without damage to utilities.
All proper erosion control measures shall be taken to ensure compliance with applicable laws. If necessary, the applicant shall obtain erosion and sedimentation control plan approval from the County Conservation District prior to starting work.
As part of the permit application, the applicant shall provide the Township with an insurance certificate in a minimum amount of $1,000,000. The certificate shall name the Township and Township Engineer as additional insureds. In addition, the applicant shall indemnify and hold harmless the Township and shall assume the defense and all costs of lawsuits and awards.
In the case of emergencies threatening property or lives, the applicant may proceed with necessary work without a permit after notifying the Township and 911. The applicant shall then apply for and obtain a permit. The application shall be made within 24 hours of the verbal or written notice to the Township and 911. If the emergency occurs over a holiday, a weekend or at night, the application shall be filed the morning of the next working day.
New paving shall not be opened or excavated for a period of five years after the completion thereof, except in the case of emergency and/or the right to prohibit opening or excavation is superseded by state law. In the event opening or excavation is required, all Township engineering standards and specifications shall apply.
All work shall be guaranteed for a period of one year from the date of final inspection and certification by the Township Engineer that the work has been completed in accordance with the permit. All defects shall be corrected by the applicant within seven days of verbal or written notice from the Township or its agents.
Any person or persons, firm, corporation or utility violating any of the provisions of this article shall be subject to a criminal fine not to exceed $1,000 per violation and imprisonment of such person or persons or members of such copartnership or the officers of such corporation responsible for such violation in the Montgomery County Correctional Facility to the extent allowed by law or the punishment of summary offenses. Enforcement of any such violations shall be 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.