A.
No opening or excavation in any street shall extend beyond the center
line of the street before being backfilled and the surface of the
street temporarily restored unless specific prior permission is obtained
from the Manager.
B.
No more than 250 feet measured longitudinally shall be opened or
excavated in any street at any one time, except by special permission
of the Manager. At the end of the work day, all trenches shall be
either backfilled or plated.
C.
All utility facilities shall be exposed sufficiently or definite
location be determined ahead of trench excavation work to avoid damage
to those facilities and to permit their relocation, if necessary.
D.
Pipe drains, pipe culverts, or other facilities encountered shall
be protected by the permittee.
E.
Monuments of concrete, iron, or other lasting material set for the
purpose of locating or preserving the lines of any street or property
subdivision, or a precise survey reference point or a permanent survey
benchmark within the municipality shall not be removed or disturbed
or caused to be removed or disturbed unless permission to do so is
first obtained in writing from the Manager. Permission shall be granted
only upon condition that the permittee shall pay all expenses incident
to the proper replacement of the monument.
F.
When work performed by the permittee interferes with the established
drainage system of any street, provision shall be made by the permittee
to provide proper drainage.
G.
When any earth, gravel, or other excavated material is caused to
flow, roll, or wash upon any street, the permittee shall cause removal
of same from the street within four hours after deposit to permit
safe flow of traffic. In the event the earth, gravel, or other excavated
material so deposited is not removed as specified, the Manager shall
cause such removal and the cost incurred shall be paid by the permittee
or deducted from his deposit.
H.
Safety requirements.
(1)
Every permittee shall place around the project such barriers, barricades,
lights, warning flags and danger signs as shall be determined by the
Manager to be necessary for the protection of the public. Additional
safety requirements may be prescribed by the Manager, and where applicable,
as set forth in the Pennsylvania Department of Transportation publications,
which are applicable thereto.
(2)
Whenever any person fails to provide or maintain the required safety
devices, such devices shall be installed and maintained by the municipality.
The amount of the cost incurred shall be paid by the permittee or
deducted from his deposit.
(3)
No person shall willfully move, remove, injure, destroy or extinguish
any barrier, warning light, sign, or notice erected, placed or posted
in accordance with the provisions of this section.
I.
Access to private driveways shall be coordinated with abutting property
owners and shall be provided to said abutting property owners during
working construction operations.
J.
Work authorized by a permit shall be performed between the hours
of 7:00 a.m. and 5:00 p.m., Monday through Friday, unless the permittee
obtains written consent from the Manager to do the work at an earlier
or later hour. Such permission shall be granted only in the case of
an emergency or in the event the work authorized by the permit is
to be performed in traffic congested areas.
K.
In granting any permit, the Manager may attach such other conditions
thereto as may be reasonably necessary to prevent damage to public
or private property or to prevent the operation from being conducted
in a manner hazardous to life or property. The conditions may include
but are not limited to the following:
(1)
Limitations on the period of the year in which the work may be performed;
(2)
Restrictions as to the size, weight, and type of equipment;
(3)
Designation of routes upon which materials may be transported;
(4)
Designation of the place and manner of disposal of excavated materials;
(5)
Requirements as to the laying of dust, the cleaning of streets, the
prevention of noise, and other results offensive or injurious to the
neighborhood, the general public, or any portion thereof; and
(6)
Regulations as to the use of streets in the course of the work.
A.
All pavement cuts, openings and excavations shall be made properly
and backfilled properly by the permittee according to municipality
specifications as set forth in Appendix A, attached hereto.[1] Permittee also shall place a temporary surface on the
pavement cut, opening or excavation in accordance with municipality
specifications as set forth on Appendix A, attached hereto. The municipality
may from time to time by resolution, duly adopted, amend Appendix
A.
[1]
Editor's Note: Appendix A is on file in the Township
offices.
B.
If the permittee has been granted permission to restore the street
surface but weather conditions are such as to prevent the completion
of permanent restoration of the street surface at the time backfilling
is completed, permittee shall install temporary surface and maintain
same in accordance with municipality specifications until such time
as weather conditions will permit restoration of the street surface.
C.
The Manager shall be notified by the permittee during the forty-eight-hour
period preceding beginning of backfilling of the date and approximate
time at which backfilling will be begun.
D.
If the Manager finds that paving surfaces adjacent to the street
openings may be damaged where trenches are made parallel to the street,
or where a number of cross trenches are laid in proximity to one another,
or where the equipment used may cause such damage, the municipality
shall, if the total linear length of the trench repair exceeds 250
lineal feet or exceeds 25% of the length of the road, require a full-width
overlay of the affected area. The municipality may require a contribution
from the permittee for the resurfacing of the entire roadway in lieu
of patching or restoration. Such negotiations shall be carried on
and contributions agreed upon prior to issuance of a permit.
E.
After excavation is commenced, the work of making and backfilling
the same shall be prosecuted with due diligence.
F.
Inspections of all work authorized by a permit shall be made by the
Manager at such times and in such manner as required to ensure compliance
with the provisions of this chapter. If the nature of the work to
be performed under any permit is such as to require the services of
a full-time inspector, the Manager shall provide for the services
of such an inspector.
G.
All inspection costs shall be borne by the permittee. Such costs
shall be based upon a schedule of charges on file in the office of
the Manager.
H.
Upon completion of all work accomplished under the provisions of
a permit, the permittee shall notify the Manager in writing. Prior
to the issuance of a certificate of completion, the Manager shall
make a final inspection of the restoration to determine whether Municipal
specifications have been adhered to.
I.
If any settlement in a restored area occurs within a period of one
year from date of completion of the permanent restoration, and permittee
fails to make such correction after notification, any expense incurred
by the municipality in correcting such settlement shall be paid by
the permittee or recovered from his bond, unless the permittee submits
proof satisfactory to the Manager that the settlement was not due
to defective backfilling.
J.
In no case shall any opening made by a permittee be considered in
the charge or care of the municipality, or any of its officers or
employees, and no officer or employee of the municipality is authorized
in any way to take or assume any jurisdiction over any such opening,
except in the exercise of the police power, when it is necessary to
protect life and property.