[Adopted 6-6-2006 by Ord. No. 165-06[1]]
[1]
Editor's Note: This ordinance also repealed
former Art. II, Excavations by Utilities, adopted 7-1-1974 by Ord.
No. 4-74, as amended.
This article shall be known and may be cited
as the "Street Right-of-Way Occupancy Ordinance of Jackson Township."
A.
For the purpose of this article, the following terms,
phrases, words and their derivations shall have the meanings given
herein. When not inconsistent with the context, words used in the
present tense include the future, words in the plural number include
the singular number, and words in the singular number include the
plural number. The word "shall" is always mandatory and not merely
directory.
B.
APPLICANT
BOARD OF SUPERVISORS
EXCAVATION WORK
PERMIT
PERMITTEE
PERSON
SPECIFICATIONS
STREET
TOWNSHIP
TOWNSHIP ENGINEER
UTILITY
As used in this article, the following terms shall
have the meanings indicated:
Any person making written application to the Township for
a right-of-way occupancy permit hereunder.
The Board of Supervisors of the Township of Jackson, York
County, Pennsylvania.
The excavation and other work permitted under a right-of-way
occupancy permit and required to be performed under this article.
A document issued to an applicant by the Township to authorize
occupancy within a Township street, as defined herein.
Any person who has been granted and has in full force and
effect a right-of-way occupancy permit issued hereunder.
Any person, firm, partnership, association, corporation,
company or other organization of any kind, with the exception of any
of the foregoing which is performing work for or on behalf of the
Township or any authority created by the Township.
The requirements set forth in the most current version of
the Construction and Material Specifications for Land Development
adopted by the Board of Supervisors of Jackson Township from time
to time.
Any Township public right-of-way occupied by a road, lane,
court, street, highway, alley, avenue, pedestrian walk or other public
way in the Township.
The Township of Jackson or its authorized employee, agent
or delegee.
The Township Engineer or Acting Township Engineer of the
Township of Jackson.
Any public provider regulated by the PA PUC of water, sanitary
sewer, gas, electric, cable TV or internet service, telephone or other
utility service.
It shall be unlawful for any person to cut,
dig up, break, excavate, tunnel under, undermine or in any manner
damage any street or to make or cause to be made any excavation in
or under the surface of any street for any purpose or to join any
private driveway or road to any street or to place, deposit or leave
upon any street any earth, stone, concrete, asphalt or other excavated
material obstructing or tending to interfere with the free use of
the street, or to place poles and cables in such street unless such
person shall first have obtained a permit therefor from the Township
as herein provided.
No permit shall be issued unless a written application
for the issuance of same is submitted to the Township. The written
application shall state the name and address of the applicant; the
nature, location and purpose of the right-of-way; the date of commencement
and date of completion of the work; proof of PA One-Call Compliance
and other data as may reasonably be required by the Township. The
application shall be accompanied by plans showing the extent of the
proposed work, the dimensions and elevations of both the existing
ground prior to said work and of the proposed restored surfaces, the
location of the work and such other information as may be prescribed
by the Township. If, in the opinion of the Township Engineer, the
work to be undertaken by the permittee is such that it will affect
the use of the properties abutting or adjoining the project, the permittee,
at the permittee's sole cost and expense, shall notify the affected
property owners or tenants of the proposed work to be done.
Work for which a permit has been issued pursuant
to this article shall commence within 30 days after the issuance of
the permit therefor. If not so commenced, the permit shall automatically
be terminated. Every permit issued hereunder shall expire at the end
of the period of the time specified in the permit. If the permittee
shall be unable to complete the work within the specified time, he
shall, prior to the 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 Engineer, such an extension is necessary and has been brought
about by no fault of permittee, the permittee may be granted additional
time for the completion of the work.
Before any permit shall be issued, the applicant
shall pay to the Township a permit fee as established by resolution
from time to time by the Board of Supervisors for any operation requiring
a permit hereunder. No fee shall be returned by the Township under
any circumstances.
The Township shall require the applicant to
execute an agreement or provide security, or both, as a prerequisite
to issuance of the permit. If security is required, it shall be delivered
to the Township in a form and amount acceptable to the Township and
shall guarantee restoration and maintenance of the street for a period
of at least two years after the acknowledged completion of the permitted
work. If the security is executed by a company registered and authorized
to do business in this commonwealth, the following documents are acceptable
forms of security:
A.
An individual or blanket bond, in a form satisfactory
to the Township Solicitor, executed by the applicant and naming the
Township as obligee.
B.
An irrevocable letter of credit, in a form satisfactory
to the Township Solicitor, signed by a bank officer naming the Township
as sole beneficiary, to be honored upon presentment.
C.
An escrow account in a form acceptable to the Township
Solicitor.
D.
Cash deposit.
A.
A permittee, prior to the commencement of work hereunder,
shall furnish the Township satisfactory evidence in writing that the
permittee has in force and will maintain in force during the performance
of the work and the period of the permit, public liability insurance
of not less than $500,000, for any one person, and $1,000,000 for
any one accident, and property damage insurance of not less than $250,000
duly issued by an insurance company authorized to do business in the
Commonwealth of Pennsylvania.
B.
This section shall not apply to the joining of private
driveways or roads to any streets.
The permittee shall take appropriate measures
to assure that, during the performance of the work, traffic conditions,
as close to normal as practicable, shall be maintained at all times
so as to cause as little inconvenience as possible to the occupant
of the abutting property and to the general public, provided that
the Township may permit the closing of streets to all traffic for
a period of time prescribed by it if, in its opinion, it is necessary.
The permittee shall route and control traffic, including its own vehicles,
as directed by the Police Department serving the Township. The following
steps shall be taken before any highway may be closed or restricted
to traffic:
A.
At least 48 hours prior to rerouting of traffic, the
permittee shall notify the applicable Fire Department, Police Department,
School District and Township Public Works Department of any street
proposed to be closed.
B.
Upon completion of construction work, the permittee
shall notify the Township, the Police Department, Fire Department
and School District before traffic is moved back to its normal flow
so that any necessary adjustments may be made.
C.
In all cases, flagmen shall be furnished by the permittee
at its own expense. Through traffic shall be maintained without the
aid of detours, if possible. In instances in which this would not
be feasible, the Township shall designate detours, which must be appropriately
signed and posted by the permittee at the permittee's expense. The
Township shall maintain roadway surfaces of existing highways designated
as detours without expense to the permittee, but in case there are
no existing highways, the permittee shall construct all detours at
its expense and in conformity with the specifications of the Township
Engineer. The permittee shall be responsible for any damage caused
to any street by the operation of its equipment.
The work shall be performed and conducted so
as not to interfere with access to fire stations and fire hydrants.
Materials or obstructions shall not be placed within 15 feet of fire
hydrants.
The permittee shall utilize and maintain suitable
trench stabilization to reduce risk of collapse of trenches or other
excavations in order to keep potential damage to streets and risks
to traffic at a minimum. The permittee shall construct and maintain
adequate and safe crossings over excavations and across streets under
improvement to accommodate vehicular and pedestrian traffic at all
street intersections. Vehicular crossings shall be constructed and
maintained of steel plates of adequate size secured in place to accommodate
vehicular traffic safely. Compliance with Township specifications
shall be required.
A.
The permittee shall not interfere with any existing
utility without the written consent of the Township and the utility
company or person owning the utility. If it becomes necessary to remove
an existing utility, this shall be done by the utility. The cost of
moving utilities shall be borne by the permittee unless it makes other
arrangements with the person owning the utility. The permittee shall
support and protect by timbers or otherwise all pipes, conduits, poles,
wires or other apparatus which may be in any way affected by the excavation
work and do everything necessary to support, sustain and protect them
under, over, along or across said work. In the event any of said pipes,
conduits, poles, wires or apparatus should be damaged, they shall
be repaired by the agency or person owning them and the expense of
such repairs shall be charged to the permittee, and his or its bond
and cash deposit shall be liable therefor. The permittee shall be
responsible for any damage done to any public or private property
by reason of the breaking of any water pipes, sewer, gas pipe, electric
conduit or other utility and its bond and cash deposit shall be liable
therefor. The permittee shall inform itself as to the existence and
location of all underground utilities and protect the same against
damage.
B.
In the event a utility must be relocated due to work
of the Township or Township Authority, the owner of the utility shall
relocate the same within 120 days of written notification from the
Township or Township Authority. The utility shall bear the costs of
relocation pursuant to applicable law.
The permittee shall at all times and at his
or its own expense preserve and protect from injury any adjoining
property by providing proper foundations and taking other measures
suitable for the purpose. Where in the protection of such property
it is necessary to enter upon private property for the purpose of
taking appropriate protective measures, the permittee shall obtain
written permission from the owner of such property for such purpose.
The permittee shall at its own expense shore up and protect all buildings,
walls, fences or other property likely to be damaged during the progress
of the work and shall be responsible for all damage to public or private
property or streets resulting from its failure properly to protect
and carry out said work. Whenever it may be necessary to trench through
any lawn area, compliance with Township specifications is required.
All construction and maintenance work shall be done in a manner calculated
to leave the lawn area clean of earth and debris and in a condition
as nearly as possible to that which existed before such work began.
The permittee shall not remove, even temporarily, any trees or shrubs
which exist in parking strip areas or easements across private property
without first having notified and obtained the consent of the property
owner or, in the case of public property, the Township.
The permittee shall erect such fence, railing
or barriers about the site of the work as shall prevent danger to
persons using the Township streets or sidewalks, and such protective
barriers shall be maintained until the work shall be completed or
the danger removed. At twilight there shall be placed upon such place
of work and upon any excavated materials or structures or other obstructions
to streets suitable and sufficient lights which shall be kept burning
throughout the night during the maintenance of such obstructions.
It shall be unlawful for anyone to remove or tear down the fence or
railing or other protective barrier or any lights provided there for
the protection of the public.
All work shall be in conformance with the Township
specifications, which may be amended by the Township Board of Supervisors
from time to time.
A.
Permanent restoration of the street shall be made
by the permittee in strict accordance with the Township specifications.
B.
If the permittee opens pavement having bituminous
concrete surface and the Township's wearing course is less than five
years old, the permittee shall, in addition to the restoration conditions
outlined in the permit and in this section, overlay the pavement in
accordance with the following conditions:
(1)
When any openings have been made by the permittee
within the paved area, the permittee shall overlay the traffic lanes
in which the openings were made, for 100 feet in either direction
from the edges of excavation.
(2)
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.
C.
Regardless of the age of the wearing course:
(1)
When any openings have been made by the permittee
within the paved area, the permittee may be required, at the sole
discretion of the Township, to overlay the traffic lanes in which
the openings were made, for 100 feet in either direction from the
edges of excavation.
(2)
If disturbed lanes adjacent to shoulders are
overlayed, the shoulder may be required to be raised, at the sole
discretion of the Township, 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.
D.
Acceptance or approval of any work by the Township
shall not prevent the Township from asserting a claim against the
permittee under the cash deposit hereunder for incomplete or defective
work if discovered within 24 months from the completion of the work.
The Township's presence during the performance of any work shall not
relieve the permittee of its responsibilities hereunder.
A.
If the permittee shall have failed to restore the
surface of the street to its original and proper condition upon the
expiration of the time fixed by such permit or shall otherwise have
failed to complete the excavation work covered by such permit, the
Township, if it deems it advisable, shall have the right to do all
work and things necessary to restore the street and to complete the
excavation work. The permittee shall be liable for the actual cost
thereof plus 15% of such cost in addition for general overhead and
administrative expenses. The Township shall have a cause of action
for all fees, expenses, including but not limited to reasonable attorney's
fees, as well as any other amounts paid out and/or due it for such
work and shall apply in payment of the amount due it any funds of
the permittee deposited as herein provided.
B.
It shall be the duty of the permittee to guarantee
and maintain the site of the excavation work in the same condition
it was prior to the excavation for two years after restoring it to
its original condition.
No more than 500 feet measured longitudinally
shall be opened in any street at any one time until the surface of
the street is restored to a condition safe and convenient for travel.
Trenches shall be braced and sheathed according to generally accepted
safety standards for construction work as prescribed by the Township.
No timber bracing, lagging, sheathing or other lumber shall be left
in any trench.
Each permittee shall conduct and carry out the
excavation work in such manner as to avoid unnecessary inconvenience
and annoyance to the general public and occupants of neighboring property.
The permittee shall take appropriate measures to reduce to the fullest
extent practicable, in the performance of the excavation work, noise,
dust and unsightly debris and during the hours of 8:00 p.m. and 7:00
a.m. shall not use, except with the express written permission of
the Township or in case of an emergency as herein otherwise provided,
any tool, appliance or equipment producing noise of sufficient volume
to disturb the sleep or repose of occupants of the neighboring property.
If, in its judgment, traffic conditions, the
safety or convenience of the traveling public or the public interest
require that the excavation work be performed as emergency work, the
Township shall have full power to order, at the time the permit is
granted, that a crew of men and adequate facilities be employed by
the permittee 24 hours a day until the completion of such excavation
work so that it may be completed as soon as possible.
In the event of any emergency in which a sewer,
main, conduit or utility 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 sewer, main, conduit or utility, 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 an excavation permit not later than the end of the next succeeding
day during which the Township office is open for business and shall
not proceed with permanent repairs without first obtaining an excavation
permit hereunder.
The permittee shall not disturb any surface
monuments or hubs found on the line of work until ordered to do so
by the Township.
The Township, or its agents, shall make such
inspections as are reasonably necessary in the enforcement of this
article. The Township shall have the authority to promulgate and cause
to be enforced such rules and regulations as may be reasonably necessary
to enforce and carry out the intent of this article.
Users of subsurface street space shall maintain
accurate drawings, plans and profiles showing current and abandoned
installations. Corrected maps shall be filed with the Township within
60 days after new installations, changes or replacements are made.
The provisions of this article shall not be
applicable to any work under the direction of competent Township authorities
by employees of the Township or by any contractor of the Township
performing work for and on behalf of the Township or the Township
Sewer Authority necessitating openings or excavations in streets.
This article shall not be construed as imposing
upon the Township or any official or employee any liability or responsibility
for damages to any person injured by the performance of any work for
which a permit is issued hereunder; nor shall the Township or any
official or employee thereof be deemed to have assumed any such liability
or responsibility by reason of inspections authorized hereunder, the
issuance of any permit or the approval of any work.
A.
Any permit issued under this article may be revoked
by the Township after notice for violation of any condition of the
permit or violation of any provision of this article or any other
applicable ordinance or law relating to the work.
B.
In the event that any work performed by or for a permittee
shall, in the opinion of the Township, be unsatisfactory and the same
shall not be corrected in accordance with its instructions within
the time fixed by it or in the event that the work for which the permit
was granted is not completed within the time fixed by the Township,
the Township may proceed to correct such unsatisfactory work or complete
or cause to be completed any such work not completed and charge the
costs thereof, plus 15% of such costs, to the permittee or his surety.
Written notice of such violation shall be served upon the person to
whom the permit was granted or his agent or employee engaged in the
work. Such notice shall also contain a brief statement of the reasons
for revoking such permit. Notice may be given either by personal delivery
thereof to the person to be notified or by United States Mail addressed
to such person to be notified.
Any person violating any of the provisions of
this article shall be determined guilty and, upon conviction thereof,
shall be fined in an amount not exceeding $1,000 or, in default of
the payment thereof, be imprisoned in the county jail for a period
not exceeding 30 days. Each day such violation is committed or permitted
to continue shall constitute a separate offense and shall be punishable
as such hereunder.
