[Adopted 1-20-1986 as Ch. 21, Part
1, of the 1986 Code; amended in its entirety 9-5-2000 by Ord. No. 2000-10]
The purpose of this article is to protect and
preserve the health, safety and welfare of residents of the township
by requiring all persons who wish to install any utility within township
streets or open cut or bore under any township street to first obtain
a township road occupancy permit from the township regulating the
manner of street disturbance by boring or open cutting and restoring;
setting forth related matters; and prescribing penalties for violation.
The following words, when used in this article,
shall have the meanings ascribed to them in this section, except in
those instances where the context clearly indicates otherwise:
Any person who makes application for a permit.
The Township Engineer of West Hanover Township or his authorized
deputy, representative or inspector.
Any unforeseen circumstance which calls for immediate action.
Any person who has been issued a permit and has agreed to
fulfill all the terms of this article.
Any individual, partnership, company, association, society,
corporation, utility or other group or entity, including a municipality
or municipal authority.
The entire right-of-way of a public street, public highway,
public alley, public way, public road or public easement within the
township.
Any ditch, excavation, tunnel or opening in or under the
surface of any street, or within any street right-of-way, excepting,
however, work performed by any property owner or his agent or contractor
within that portion of the street right-of-way abutting his property
and lying between the curbline and the property line, or a line 12
inches beyond the curbline in the case of construction or repair of
curbs.
The Township of West Hanover, Dauphin County, Pennsylvania,
a municipality acting by and through its Board of Supervisors or,
in appropriate cases, acting by and through its authorized representatives.
A.
Permit required. It shall be unlawful for any person
to make any street opening without first securing a permit therefor
from West Hanover Township; provided, however, that any person maintaining
pipes, lines or underground conduits, in or under the surface of any
street by virtue of any law, ordinance or franchise, may proceed with
an excavation or opening without a permit when emergency circumstances
demand the work be done immediately for the preservation of the public
health, safety or welfare, or provided that the permit could not reasonably
and practically have been obtained beforehand. Such person, however,
shall thereafter apply for a permit on the first regular business
day on which the office of the township is open for business, and
said permit shall be retroactive to the date when work was begun.
B.
Conditions of approval. The approval of any street
opening permit shall confer a right upon the permittee, subject to
the terms and conditions of the permit, to temporarily occupy and
use the street surface during the course of construction work covered
by the permit and to thereafter occupy the space within which the
work is to be located, subject in every case to the specific right
of the township to require temporary or permanent relocation or removal
of any of the facilities entirely at the permittee's expense in the
event that said facilities are in conflict with the township's interest
or the public interest in the use of the street.
C.
Special conditions. In approving any permit, the township
may attach such special conditions thereto as may be reasonably necessary
to protect the public and private property.
D.
Acceptance of permit. By accepting the permit, the
applicant agrees to perform the work in accordance with the terms
and conditions of the permit, and of any special conditions which
way be attached thereto, and to save the township, its officers, employees
and agents from any costs, damages and liabilities which may accrue
by reason of the work.
E.
Expiration of permit. Every permit issued hereunder
shall expire within one year from the date of issuance. If the permittee
shall be unable to complete the work within one year from the date
of issuance, he shall, prior to expiration of the permit, present,
in writing, to the township a request for an extension of time, setting
forth therein the reasons for the requested extension. If in the opinion
of the township such an extension is necessary, the permittee may
be granted additional time for the completion of the work.
F.
Revocation of permits. The township may revoke any
permit issued hereunder after notice of violation of any condition
of the permit.
A.
When the township reconstructs or resurfaces any street,
the township shall first serve written notice by certified mail of
such improvements to all persons owning property abutting the street
about to be improved and to all public utilities companies operating
within the township. Within 60 calendar days from receipt of such
notice, all notified persons shall complete all necessary and replacement
of utility mains, service connections and/or laterals existing under
the street and designated curb and sidewalk areas. Notified persons
shall also complete or cause to be completed any new installations,
under the street and designed curb and sidewalk areas, required for
use within a two-year period thereafter.
B.
This section shall not forbid the installation of
new pipes, conduits or other services or structures, or the repair
or replacement of those already existing, in or under the portions
of such highways improved as aforesaid; by penetrating the subsurface
beneath paving in accordance with township ordinances and the direction
of the Township Public Works Department or the Pennsylvania Department
of Transportation, upon obtaining a permit therefor from the township
and upon payment to the township of the same fees as prescribed by
the provisions of this article, except for the degradation fee for
making a surface opening in the highway of the same dimensions.
A.
Application. Any person intending to make a street opening on a township street shall make written application therefor to the township. The application for a permit shall be on a form provided by the township and submitted to the township in triplicate. No work shall be commenced until the township has approved the application and issued a permit, excepting emergency work, as provided under § 170-3A hereof. Three copies of an accurate drawing clearly showing the following shall accompany each application:
B.
Fees. A basic fee, improvement guarantee and/or maintenance
guarantee shall accompany the application, if applicable, as follows:
[Amended 5-3-2004 by Ord. No. 2004-4]
(1)
Basic fee: the basic fee established by PennDOT/PSATS
fee schedule for road cuts and road openings.
(2)
Improvement/performance guarantee. The Township shall require financial security for an improvement guarantee in accordance with § 170-4.3 prior to the start of work. For road cuts and openings of a nature that will not directly impact or cause damage to the macadam road surface, curbing, drainage systems, signage, or other public improvements in the right-of-way, the improvement/performance guarantee may be reduced or not required at the discretion of the Road Master and Township Engineer.
(3)
Maintenance guarantee. The Township shall require the filing of a maintenance guarantee and in a form according to § 170-4.3B herein to cover repair of street opening work performed that shall take effect beginning on the date of project completion. The maintenance guarantee shall be in effect for a two-year period (24 months) following the notice of completion of work. The amount of the maintenance guarantee shall be $1,000 or equal to 20%, whichever is greater, of the actual costs or estimated improvement guarantee amount of any sheet excavation and restoration work for a single project as determined by the Township Engineer. For road cuts and openings of a nature that will not directly impact or cause damage to the macadam road surface, curbing, drainage systems, signage, or other public improvements in the right-of-way, the maintenance guarantee may be reduced or not required at the discretion of the Road Master and Township Engineer.
C.
Insurance. The applicant shall furnish certificates
of liability and workers' compensation insurance.
A.
General. Unless specifically permitted by the township:
(1)
No street opening shall extend across more than 1/2
of the cartway at one time.
(2)
Two-way traffic shall be maintained.
(3)
Access to driveways and/or buildings abutting the
street shall be maintained.
(4)
All trenches shall be filled and closed overnight
or covered with a steel plate. The steel plate shall be adequate for
HS-25 loading and shall safely convey all vehicular and pedestrian
traffic.
(5)
Disturbed portions of the roadway, including but not
limited to slopes and appurtenances and structures such as guiderails,
curbs, signs, markings, drain pipes, driveways and vegetation, shall
be restored by the permittee to a condition at least equal to that
which existed before the start of work authorized by the permit, consistent
with other township ordinances, or consistent with the PennDot Standards
for Roadway Construction, whichever is the higher standard. Additional
restoration may also be required, upon written notification, to restore
the structural integrity of the pavement or shoulder.
B.
Special.
(1)
The permittee shall locate in advance of excavation
all surface and subsurface utility lines and structures and shall
take all precautions necessary to avoid damage to other utility lines
and to public or private property. In the event that damage does occur
to property of others, the permittee shall promptly and satisfactorily
repair all damage and restore the property to a satisfactory condition.
(2)
Provisions shall be made to accommodate the flow of
storm drainage, and no excavated material or trench shall be permitted
to interfere with the normal flow of surface water.
(3)
Traffic control shall be maintained in accordance
with Pennsylvania Department of Transportation Publication 203, and
the permittee shall furnish and maintain such signs, barricades, lights
and flagmen as may be necessary to properly protect the public.
(4)
If blasting is performed, such operations shall be
in charge by licensed persons only and shall be carried out in strict
conformance with federal, state, county or municipal laws or regulations
governing the same.
(5)
The permittee shall be responsible to notify the Township
Fire and Police Departments and other public utility companies of
the proposed work, stating the nature and location of the work to
be done, and shall keep all said parties informed of the progress
of the work. When access to abutting properties is to be denied, the
permittee shall notify the affected parties in advance.
C.
Pavement cuts, excavation and backfill.
(1)
The permittee shall avoid disturbing roadways or shoulders
by limiting work areas to outside of roadways and shoulders unless
approved by the Township.
[Amended 5-3-2004 by Ord. No. 2004-4]
(2)
Disturbed portions of the roadway, including but not
limited to slopes and appurtenances and structures such as guiderails,
curbs, signs, markings, drain pipes, driveways and vegetation, shall
be restored by the permittee to a condition at least equal to that
which existed before the start of work authorized by the permit, consistent
with other township ordinances, or consistent with the PennDOT Standards
for Roadway Construction, whichever is the higher standard. Additional
restoration may also be required, upon written notification, to restore
the structural integrity of the pavement or shoulder.
(3)
If the permittee wishes to open pavement having a
bituminous concrete surface and the township's wearing course is less
than 10 years old, the permittee shall, in addition to the restoration
conditions outlined in the permit and in this article, bore under
the street if required by the township or overlay the pavement in
accordance with the following conditions:
(a)
When a longitudinal opening longer than 100
linear feet has been made in the pavement, the permittee shall mill
and overlay the traffic lanes in which the opening was made, for the
entire length of roadway that was opened, in a manner authorized by
the township.
(b)
When two or more transverse openings have been
made within 100 linear feet of pavement, the permittee shall mill
and overlay traffic lanes in which the openings were made, for the
entire length of roadway between the openings, in a manner authorized
by the township.
(c)
If disturbed lanes adjacent to the undisturbed
lanes are overlayed, the edge of the disturbed lane shall be saw cut
or milled to a depth of 1.5 inches or the depth of the existing surface
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 roadways instead of saw cutting
or milling the disturbed land.
(d)
If disturbed lanes adjacent to shoulders are
overlayed, the shoulder shall be raised, with material and in a manner
authorized by the township for the type of existing shoulder, so that
the overlaid pavement and shoulder edges are at the same elevation.
(4)
Regardless of the age of the wearing course, the township
may require the following restoration:
(a)
If more than 100 linear feet of longitudinal
or transverse openings, or both, are made in the pavement, the township
may require the permittee to overlay traffic lanes in which the openings
were made, for the entire length of highway that was opened, if the
township determines that the rideability or structural integrity of
the pavement has been impaired by the openings.
(b)
If four or more openings are made by the same
permittee within 100 linear feet of pavement, the township may require
the permittee to restore the entire disturbed pavement between the
openings by milling, planing or other authorized method and overlaying
the entire disturbed pavement.
(c)
If future settlement of the trench is possible, the township may require a temporary restoration of the pavement for up to a six-month period in accordance with § 170-4.2C(13).
(5)
If an opening is 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.
(6)
At each end of an overlay, the permittee shall install
a paving notch, under Standards for Roadway Construction RC-28, by
milling, planing or other authorized method and provide a minimum
ten-foot transition.
(7)
The transition areas at each end of an overlay shall
follow the contour of the surrounding surface.
(8)
When pavements are covered or destroyed by the permitted
work, including overlays, they shall be replaced with temporary pavement
markings, before opening the disturbed pavement to traffic. When the
pavement surface is restored, all pavement markings that were covered
or destroyed shall be replaced in their former location.
[Amended 5-3-2004 by Ord. No. 2004-4]
(9)
Restored openings in the pavement or opened shoulder
shall be sealed under Section 401.3(j)(3) of Publication 408 in the
case of bituminous concrete.
(10)
All trenching and backfill shall be in accordance
with a construction detail approved by the township. All backfill
shall be comprised of clean type 2A aggregate and compacted in accordance
with Publication 408.
[Amended 5-3-2004 by Ord. No. 2004-4]
(11)
Subbase, base and surface restoration of flexible
base pavements shall be performed under this section and as specified
in the permit.
[Amended 6-1-2009 by Ord. No. 2009-12]
(a)
Prior to replacement of the base course, one foot outside of
each edge of the opening shall be sawed, in a neat straight line,
to the top elevation of the existing aggregate subbase or stone base
course, and the detached material shall be removed.
(b)
The subbase shall consist of No. 2A aggregate meeting the requirements
of Section 350 of Publication 408. The subbase shall have a minimum
depth of six inches or a depth equal to the existing subbase, whichever
is greater.
(c)
Exposed vertical and horizontal surfaces shall be prepared under
Section 401.3(f) of Publication 408.
(d)
The base course shall consist of bituminous concrete meeting
the requirements of Section 305 of Publication 408 or other base course
material authorized by the Township. The base course material shall
have a minimum depth of five inches or a depth equal to the existing
base course, whichever is greater, and shall be SAMD HMA base course,
PG 64-22, 0.3 to less than three million ESALS, 25.0 mm mix.
(e)
The binder course shall consist of ID-2 material meeting the
requirements of Section 421 of Publication 408. The binder course
shall have a minimum depth of two inches or a depth equal to the existing
binder course, whichever is greater, and shall be SAMD binder course,
PG 64-22, 0.3 to less than three million ESALS,12.5 mm mix.
(f)
The wearing course shall consist of ID-2 material meeting the
requirements of Section 420 of Publication 408. The wearing course
shall have a minimum depth of 1.5 inches ID-2 or a depth equal to
the existing wearing course, whichever is greater, and shall be SAMD
HMA wearing course, PG 64-22, 0.3 to less than three million ESALS,
9.5 mm mix.
(g)
Pavement design.
[1]
A pavement design, in accordance with PennDOT Publication 242, shall be required for all facilities or developments that will generate a total of 100 or more equivalent 18-kip single-axle loads (ESALS) in a given weekday in all directions. The pavement design requirements will take into account the supporting road networks' capacity to handle additional heavy vehicle loading. No proposed pavement section determined by the pavement design may be less that the minimum requirements of § 170-4.2C(11)(d), (e) and (f).
[2]
A pavement design, in accordance with PennDOT Publication 242,
may be submitted for facilities or developments that will generate
less than 100 or more equivalent 18-kip single-axle loads (ESALS)
in a given weekday in all directions. The pavement design requirements
will take into account the supporting road networks' capacity
to handle additional heavy vehicle loading. The design will assume
300,000 equivalent 18-kip single-axle loads (ESALS) over 20 years.
Also, the California bearing ration (CBR) determined in laboratory
testing shall not exceed a value of 10.
(12)
Subbase, base and surface restoration of rigid
base pavements (with or without bituminous overlay) shall be performed
under this section and as specified in the permit.
[Amended 6-1-2009 by Ord. No. 2009-12]
(a)
Prior to replacement of base course, one foot outside of each
edge of the opening shall be sawed, in a neat straight line, to the
top elevation of the existing aggregate subbase or stone base course,
and the detached material shall be removed.
(b)
The subbase shall consist of No. 2A aggregate meeting the requirements
of Section 350 of Publication 408. The subbase shall have a minimum
depth of six inches or a depth equal to the existing subbase, whichever
is greater.
(c)
The base course shall consist of reinforced high early strength
(HES) concrete meeting the requirements of Section 501 of Publication
408. The base course material shall have a minimum depth of eight
inches or a depth equal to the existing base course, whichever is
greater.
(d)
For those roads with an existing bituminous surface, the wearing
course shall consist of ID-2 material meeting the requirements of
Section 420 of Publication 408. The wearing course shall have a minimum
depth of two inches ID-2 or a depth equal to the existing wearing
course, whichever is greater, and shall be SAMD HMA wearing course,
PG 64-22, 0.3 to less than three million ESALS, 9.5 mm mix.
(e)
Pavement design.
[1]
A pavement design, in accordance with PennDot Publication 242, shall be required for all facilities or developments that will generate a total of 100 or more equivalent 18-kip single-axle loads (ESALS) in a given weekday in all directions. The pavement design requirements will take into account the supporting road networks' capacity to handle additional heavy vehicle loading. No proposed pavement section determined by the pavement design may be less that the minimum requirements of § 170-4.2C(11)(d), (e) and (f).
[2]
A pavement design, in accordance with PennDot Publication 242,
may be submitted for facilities or developments that will generate
less than 100 or more equivalent 18-kip single-axle loads (ESALS)
in a given weekday in all directions. The pavement design requirements
will take into account the supporting road networks' capacity
to handle additional heavy vehicle loading. The design will assume
300,000 equivalent 18-kip single-axle loads (ESALS) over 20 years.
Also, the California bearing ratio (CBR) determined in laboratory
testing shall not exceed a value of 10.
(f)
For those roads without an existing bituminous
surface, the eight-inch HES concrete shall be installed flush with
the existing concrete surface.
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NOTES
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1.
|
Use 1 1/4 inches diameter x 18 inches long dowel
bars for pavement depths 10 inches or less and 1 1/2 inches diameter
x 18 inches long dowel bars for pavement depths greater than 10 inches.
| |
|
2.
|
Place the dowel bars parallel to the center
line and surface of the slab. The vertical or horizontal skew from
one end of the dowel bar to the other end is not to exceed 1/4 inch.
| |
|
3.
|
Transverse pavement joints shall be constructed
at a 6:1 or flatter skew.
| |
|
4.
|
All construction shall conform to PennDot Publication
408 and roadway construction drawings, current editions.
| |
|
RIGID PAVEMENT TRENCH RESTORATION
| ||
|
Not to scale
| ||
(13)
Temporary restoration of a pavement may be required
by the township prior to pavement restoration in accordance with the
following:
(a)
The base shall consist of compacted select granular
material with a surface of two-inch bituminous material. If the existing
pavement structure includes a course of subbase material, it shall
be replaced to a depth equal to the existing course depth with material
meeting the requirements of Section 350.2 of Publication 408.
(b)
Temporary pavement restoration shall be completed
before traffic is allowed to travel on the disturbed area.
(c)
The temporary pavement shall be immediately
removed and permanent restoration performed as soon as possible. The
temporary pavement may be kept in place for up to six months or as
specified in the permit, if it is properly maintained.
(14)
In all cases where the application for a permit
proposes construction or installation of electric wires across a public
right-of-way, the application shall show that the electrical wires
are to be contained in an approved electrical conduit.
D.
Special restoration requirements. Whenever unusual
conditions exist, or arise during construction, the township may change
the permanent restoration requirements from those given therein. In
all cases, marks of construction beyond the area of actual trench
shall be satisfactorily restored. In cases where a substantial portion
of the original street paving is removed or damaged, the township
may require the permittee to resurface the entire street area, in
addition to constructing the final paving repairs over trench areas.
The township may also elect to accept payment from the permittee to
the township for final paving repairs, in a sum to be determined by
the township based upon then current costs for such work plus 15%,
and to apply the sum so paid toward the cost of reconstruction of
the entire street.
E.
Inspection during construction.
[Amended 5-3-2004 by Ord. No. 2004-4]
(1)
The Township Road Master and the Township Engineer
shall be notified by the permittee four working days in advance of
any intended date of construction. The provisions stated herein shall
be construed as mandating periodic inspections, and the undertaking
of periodic inspections shall not be construed as an acceptance of
the work during construction or as a final inspection of the construction.
(2)
The applicant shall reimburse the township for the reasonable and necessary expense incurred for the inspection of improvements by the township or Township Engineer. Such reimbursement shall be based upon time and material costs for the referenced inspections. Such expense shall be reasonable and in accordance with the ordinary and customary fees charged by the Township Engineer for work performed for similar services in the community, but in no event shall the fees exceed the rate or cost charged by the Township Engineer to the township when fees are not reimbursed or otherwise imposed on applicants. If the inspection fees exceed the basic fee established in § 170-4.1B(1), then the Township may invoice the permittee for costs incurred by the Township for the Inspection of improvements. Improvements shall not be finally approved until the invoice is paid.
(3)
The Township, at the expense of the permittee, reserves
the right to require tests of the improvement to determine whether
the improvement complies in all respects with the requirements of
the Township.
F.
Future maintenance. The permittee shall be responsible
to correct any trench settlement or deterioration in the final paving
work or failure of any other work associated with the permit. Such
responsibility is without limitation during the first two years after
the date of the final completion certificate. Thereafter, settlement
of the trench area and any other repair work shall remain the responsibility
of the permittee to repair, unless the Township gives a specific release.
[Amended 5-3-2004 by Ord. No. 2004-4]
[Amended 5-3-2004 by Ord. No. 2004-4]
A.
Computation of improvement financial guarantee.
(1)
The amount of improvement guarantee shall be equal
to 110% of the cost of completion of street improvements estimated
as of 90 days following the date scheduled for completion by the permittee.
Annually, the township may adjust the amount of the financial security
by comparing the actual cost of the improvements which have been completed
and estimated cost for the completion of the remaining improvements
as of the expiration of the 90th day after either the original date
scheduled for completion or a rescheduled date of completion. Subsequent
to said adjustment, the township may require the permittee to post
additional security in order to assure that the financial security
equals said 110%. Any additional security shall be posted by the permittee
in accordance with this article.
(2)
The amount of financial guarantee required shall be
based upon an estimate of the cost of completion of the required street
improvements, submitted by the applicant. The township, upon the recommendation
of the Township Engineer, may refuse to accept such estimate for good
cause shown. If the applicant and the township are unable to agree
upon an estimate, the estimate shall be recalculated and recertified
by another professional engineer licensed as such in this commonwealth
and chosen mutually by the township and the applicant. The estimate
certified by the third engineer shall be presumed fair and reasonable
and shall be the final estimate. In the event that a third engineer
is so chosen, fees for the services of said engineer shall be paid
equally by the township and the applicant or permittee.
(3)
If the party posting the financial guarantee requires
more than one year from the date of posting of the financial guarantee
to complete the required improvements, the amount of financial security
may be increased by an additional 10% for each one-year period beyond
the first anniversary date from posting of financial security to an
amount not exceeding 110% of the cost of completing the required improvements
as reestablished on or about the expiration of the preceding one-year
period by using the above procedure.
B.
Form of financial security for improvement/performance
and/or maintenance guarantee. The financial security may be in the
form of cash, certified treasurer's or cashier's check, letter of
credit or surety bond made payable to the township. Although the township
may accept an alternative type of financial security, commonly used
forms such as irrevocable letters of credit and escrow accounts will
be accepted. Such financial security shall be posted with a bonding
company or federal or commonwealth chartered lending institution chosen
by the party posting the financial security, provided that said bonding
company or lending institution is authorized to conduct such business
in the commonwealth, subject to review by the Township Solicitor for
adequacy.
C.
Release of improvement/performance financial security.
(1)
As the work of installing the required improvements
proceeds, the party posting the financial security may request the
Board of Supervisors to release or authorize the release, from time
to time, such portions of the financial security necessary for payment
to the contractor or contractors performing the work. Any such requests
shall be in writing addressed to the Township, and the Township shall
have 45 days from receipt of such request within which to allow the
Township Road Master or Township Engineer to certify that such portion
of the work upon the improvements has been completed in accordance
with the approval of the road cut/street opening permit or amendments
and adjustments approved by the Township. Upon such certification,
the township shall authorize release by the bonding company or lending
institution of an amount as estimated by the Township Engineer fairly
representing the value of the improvements completed or, if the Township
fails to act within said forty-five-day period, the Township shall
be deemed to have approved the release of funds as requested. The
Township may, prior to final release at the time of completion and
certification by its engineer, require retention of 10% of the estimated
cost of the aforesaid improvements.
(2)
When the permittee has completed all of the necessary
and appropriate improvements, the permittee shall notify the Township,
of the completion of the aforesaid improvements and shall send a copy
thereof to the Township Engineer. The Township shall, within 10 days
after receipt of such notice, direct and authorize the Road Master
and/or the Township Engineer to inspect all of the aforesaid improvements.
The Township Road Master and/or Township Engineer shall, thereupon,
file a report, in writing, with the township and shall promptly mail
a copy of the same to the permittee. The report shall be detailed
and shall indicate approval or rejection of said improvements, either
in whole or in part and, if said improvements, or any portion thereof,
shall not be approved or shall be rejected by the Road Master Township
Engineer, said report shall contain a statement of reasons for such
nonapproval or rejection.
(3)
If any portion of said improvement shall not be approved
or shall be rejected by the township, the permittee shall proceed
to complete the same and, upon completion, the same procedure of notification,
as outlined herein, shall be followed.
(4)
If any portion of said improvements are not approved
or are rejected by the township, the applicant shall proceed to complete
the same and, upon completion, the same procedure of notification
outlined herein shall be followed.
D.
Final completion certificate. After final inspection
and acceptance of the work, and after payment of any release or collection
of any insufficiency due, the township shall issue a final completion
certificate. The date of such final completion certificate shall fix
the two-year time period during which the permittee absolutely is
responsible for maintenance of permanent pavement repairs and trenches.
E.
Release of financial guarantee for maintenance.
(1)
Following the completion of the project and final
inspection, all financial guarantee for maintenance will remain in
place and will be returned to the permittee upon reinspection of the
work by the Township in two years, or 24 months from the time of issuing
the final completion certificate when all work was satisfactorily
completed.
(2)
Procedure for release of maintenance guarantee or
deposit. In the event that any improvements which may be required
have not been installed or corrected as provided in this article or
in accordance with the approved permit, the township is hereby granted
the power to enforce any financial security by appropriate legal and
equitable remedies. If proceeds of the maintenance guarantee or deposit
are insufficient to pay the cost of installing or making repairs or
corrections to all the improvements covered by said financial security,
the township may, at its option, install all or part of such improvements
and may institute appropriate legal or equitable action to recover
the funds necessary to complete the remainder of the improvements.
All of the proceeds, whether resulting from the financial security
or from any legal or equitable action brought against the applicant,
or both, shall be used solely for the installation of the improvements
covered by such security and not for any other municipal purpose.
The certificate of insurance required of the
applicant under § 170-4.1B(4) of this article shall indicate
that he is insured against claims for damages for personal injury
as well as against claims for property damages which may arise from
or out of the performance of the work, whether such performance be
by himself, his subcontractor or anyone directly or indirectly employed
by him. Such insurance shall include protection against liability
arising from completed operations. Such insurance shall provide complete
third-party coverage for the Township of West Hanover. The amount
of such insurance shall be prescribed by the Engineer in accordance
with the nature of the risks involved; provided, however, that the
liability insurance for bodily injury in effect shall be in an amount
not less than $100,000 for each person and $300,000 for each accident
and for property damages an amount not less than $50,000. Failure
of applicant to file such certificate shall be grounds for denying
a permit.
Any person, firm or corporation who or which
is found to be in violation of any provision of this article shall,
upon conviction thereof, be sentenced to pay a fine of not more than
$1,000 and/or undergo imprisonment for a term not to exceed 90 days.
Each and every day or portion thereof in which any violation of the
provisions of this article is committed or continued shall constitute
a separate offense.
