[Amended 5-11-2023 by Ord. No. 255]
No person, firm, or corporation shall conduct any work in a
right-of-way within the jurisdiction of Maidencreek Township until
a street access permit (permit) is obtained from the Township. It
shall be the responsibility of the person receiving the permit (the
permittee) to promptly restore the permitted work area and any other
affected facility in proper order and repair following this chapter
and associated guidance documents. When a street access permit involves
the use of a utility the permittee shall be the owner of the utility
or the owner's legal agent.
A.
APPLICANT
CUT
EMERGENCY
MUNICIPAL AUTHORITY
PERMITTEE
PERSON
PUBLIC UTILITY COMPANY
STREET
STREET ACCESS PERMIT
SUBDIVISION AND LAND DEVELOPMENT ORDINANCE
TOWNSHIP
The following words, when used in this article, shall have the meanings
ascribed to them in this article, except in those instances where
the context indicates otherwise:
Any person who makes an application for a permit pursuant
to this article.
Any trench, hole, perforation, puncture, entrance, breach,
break, excavation, or split made in the Township's right-of-way
for any purpose performed under a street access permit. This includes,
but is not limited to a trench, utility cut hole, borehole, directional
drilling, or other form of access within the Township right-of-way.
Any unforeseen circumstance or occurrence the existence of
which constitutes a clear and immediate danger to persons or properties.
Any body corporate and politic created under the laws of
the Commonwealth of Pennsylvania.
Any person who has been issued a permit and has agreed to
fulfill all the terms of this article.
Includes any natural person, partnership, firm, association,
utility, corporation, or authority created under an Act of the Pennsylvania
General Assembly. Whenever used in any section prescribing and imposing
a penalty, the term "person" as applied to associations shall mean
the partners or members thereof, and as applied to corporations, the
officers thereof.
Any company subject to the jurisdiction of and control by
the Pennsylvania Public Utility Commission.
Includes a public street, public easement, public right-of-way,
public highway, public alley, public way, public sidewalk or other
public improvement within a public right-of-way, or public road accepted
or maintained by the Township.
A permit issued by Maidencreek Township to a permittee to
allow work within a Township street or right-of-way. Such work shall
include, but not be limited to, all surface and subsurface activity,
including, but not limited to, cuts, trenching, utility cut hole,
borehole, directional drilling, poles, pedestals, or underground boxes
and vaults.
Chapter 190, Subdivision and Land Development, of the Code of the Township of Maidencreek.
The Township of Maidencreek, County of Berks, Commonwealth
of Pennsylvania, and where a specific duty is required of the Township
or its agents as determined by the Board of Supervisors or the Township
Manager.
B.
In this article, the singular shall include the plural and the masculine
shall include the feminine and the neuter.
Applications for a permit under the purpose of § 186-4 shall be submitted on the form provided by the Township. A complete application shall include all information related to the work being proposed for a permit, and applicable fees, and shall be signed by the applicant. A separate permit application must be submitted for each Township road; work on multiple roads shall not be included in any application. The application shall include the following:
A.
Plan of work. The applicant shall furnish a scale plan which shall
accompany the application showing the extent and nature of the planned
work at each street cut location within the right-of-way. The plan
shall set forth but is not limited to include:
(1)
The purpose for which the application is to be made;
(2)
The full scope of work to be included in the project (an applicant
needing to apply for multiple permits for the same purpose and scope
of work shall understand "project" referenced here to mean the entire
project performed in a window of two years);
(3)
The dimensions and location of the proposed work including the nearest
cross streets where the work is considered. Depictions of the area
must include accurate curvature of the roadways;
(4)
The date or dates during which the requested work is to be permitted;
(5)
The date such work is to be started, completed, and final restoration
executed; and
B.
Traffic impact plan (TIP). A TIP, as specified below, shall be submitted
with any permit application for all proposed work that is to be conducted
on a Township roadway:
(1)
The submitted TIP shall detail the method by which vehicular and
pedestrian traffic will be affected and controlled during a permitted
project;
(2)
The TIP shall also include any barricades, signs, lights, or other
approved safety devices necessary to facilitate closure and where
the work results in closing or diverting traffic into another lane;
(3)
A flag person shall always be posted while the work is actively being
performed. For street closures within the Township that also require
PennDOT permits, the application must include a copy of the state-issued
permit and comply with all traffic control standards;
(4)
In residential-zoned districts, the Township may waive the requirement
for a TIP. All other traffic control regulations are still enforced.
C.
Letter of agreement. A properly executed letter of agreement will be required for all permits except a single permit application for one street cut by a nonutility applicant. Expenses arising from work, such as inspections, shall be billed on an as-needed basis by the Township. Issues regarding special site conditions are governed under § 186-8.1A. Letters of agreement may be amended at the behest of the Township due to a change of conditions related to the original permit application, such as under § 186-7. Permittees may request amendments to a letter of agreement in writing. Approval of such requests shall be at the discretion of the Township.
D.
Certificate of insurance. An insurance certificate listing Maidencreek Township as an additional insured with appropriate amounts as included in § 186-11.1.
E.
Permit fees. Each application shall be accompanied by a permit fee
set by the Board of Supervisors from time to time. These fees may
be broken down and feature the costs for review and administrative
expenses associated with a permit application and its subsequent review.
F.
Inspection fee. An inspection fee may be assessed at the Township's
discretion depending on the time of an inspection to be conducted
by Township personnel or contracted professionals (e.g., Township
Engineer). The hourly rate for such officials shall be set by the
Board of Supervisors from time to time.
G.
Permanent restoration fee. It shall be the duty of the party applying
for the permit to restore to good order and repair following the Maidencreek
Township specifications. At the Township's behest, permanent
restoration may be performed by the Township. Where the Township performs
the permanent restoration, the following criteria shall guide the
fees that will be paid by the permittee to the Township:
(1)
If the Township determines that it shall perform permanent restoration of any cuts, then the Township and the applicant shall enter into a letter of agreement under § 186-5C making clear the responsibilities of the Township and the applicant. The letter of agreement shall also specify the permanent restoration fee that the applicant shall pay to the Township for the work performed by the Township.
(2)
The permanent restoration fee shall be based on square yardage, for which the cost is included in § 186-5G(3) for each square yard. The minimum fee for permanent restoration paid to the Township shall be $1,200 per permit. The minimum fee amount may be revised by the Township Board of Supervisors by resolution from time to time.
(3)
Permanent restoration fees paid to the Township shall cover the full
charge for labor by Township employees, materials, equipment time
or rental, administrative fee, a 10% inflation fee on materials and
equipment, and a 30% service fee of the total for each square yard[1] as determined under § 186-5G(1). This fee structure may also be applied to temporary restoration that the Township promulgates in the event a permittee is noncompliant with their permit requirements.
[1]
Permanent restoration fee formula: [Township labor + material
+ rental charges for equipment) x 10% inflation fee] x 30% service
fee = total fee.
(4)
The Township may determine that the availability of manpower is limited amongst Township personnel and permanent restoration cannot be provided in a timely way by Township staff. If that determination is made, the permanent restoration fee may be utilized by the Township to contribute to road work done by a contractor of the Township. If permanent restoration is to be done by a contractor, the Township may still utilize the charge for labor under § 186-5G(3).
H.
Guaranty of work.
(1)
The permittee shall guarantee and maintain the street cut, excavation,
and any related work for 24 months from the completion of the Township-approved
final restoration by providing a maintenance bond (or other financial
security acceptable to the Township) in the amount of 15% of the cost
of the initial project as set forth in the permit application, and
entering into a maintenance agreement with the Township, which shall
be completed at the cost of the permittee. Within this twenty-four-month
period, the permittee shall correct or cause to be corrected all restoration
work in the manner determined necessary by the Township within 14
calendar days of receipt of the notification. Failure to perform within
the 14 calendar days may be completed by the Township and invoiced
to the permittee for all costs incurred in the performance of the
work plus 20%. Payment not made within 30 days of the invoice date
will be enforceable against the posted bond or other financial security
offered by Permitee and accepted by the Township, in its sole discretion,
including any fees and costs involved in the collection thereof. The
Township reserves the right to provide immediate restoration or remedial
work in cases deemed to be emergency conditions.
(2)
Each street opening permit will require a bond signed or another
acceptable form of surety before a permit is issued. The bond shall
be signed by the applicant in the amount specified by the Township.
The bond shall accompany the permit application and shall remain in
effect for 24 months from the date of the acceptance of the final
pavement restoration. Public utility companies shall provide a bond
as specified by the Township that will warrant all street cut work
performed in that calendar year. Bonds for utility companies shall
be renewable on an annual basis. If the condition is such that the
permittee fails to comply with this article by not promptly completing
the permitted work, including permit area restorations, restoration
of other affected facilities, or otherwise fails to maintain such
restorations in proper order and repair following construction, the
Township shall have cause to remedy that condition by calling on the
permittee's bonding company to perform the work necessary to
restore the street and other affected facilities to proper order.
I.
Additional fees and information. The size and type of street work
may require payment of additional fees and submission of additional
information as prescribed in this article. All fees plan information,
bonding, application, and letter of agreement must be provided and
approved before the Township will issue a permit. Permits are issued
subject to all other applicable ordinances of Maidencreek Township,
all applicable state and federal laws, and specifications and standards
issued by the Pennsylvania Department of Transportation.
J.
Display of permits and signage at the work site. Unless otherwise
authorized, permit(s) shall be kept at the work site for the duration
of the project and made available for inspection upon request of any
duly authorized Township official. Such permits cannot be affixed
to any temporary structure including fences, containers, or construction
equipment.
K.
Revocation of permit. All street cut or excavation permits are subject
to revocation at any time by the Township upon written notice, provided
electronically or otherwise, and served to whom the permit was granted,
their agent, or employee. Such notice shall contain a brief statement
detailing the potential revocation as well as notice that the violation
must be cured in three business days. Failure to cure the violation
shall result in the permit being revoked. A revocation shall be issued
for the following reasons:
(1)
Violation of any condition of the permit.
(2)
A violation of this section or any other applicable Maidencreek Township
ordinance relating to the work.
(3)
The creation or failure to eliminate a condition or action that constitutes
a violation of applicable Americans with Disabilities Act compliance
guidelines, or endangers the lives, property, or welfare of Township
residents.
(4)
Failure to adhere to regulations, specifications, or standards promulgated
by the Pennsylvania Department of Transportation.
(5)
When any permit has been revoked and the work authorized by the permit has not been completed, the Township may do such work as may be necessary to restore the street or part thereof to as good a condition as before the opening was made. All expenses thereby incurred by the Township shall be recovered from the deposit or bond the permittee has made or filed with the Township. The method used for calculating the total cost shall be per § 186-5G.
Street access permits shall not be issued to any person, firm,
or corporation indebted to the Township due to a previously issued
permit, or who is under a stop-work order. The Township Manager, or
their designee, shall review nonemergency applications anticipated
to commence after September of the calendar year. The Township Manager,
or their designee, may permit the project to begin contingent upon
the review of several factors. These factors, include, but are not
limited to, the final restoration date, size of the cut, use of steel
plates, and scope of the project. No nonemergency projects shall begin
in November, December, or January of a given year unless a special
exception is granted by the Township.
A.
The permit holder shall be responsible for notifying members of the
public in advance of work being done under any permit in this chapter.
At least five business days' notice shall be provided to homeowners
whose driveway will be affected by work. If any lane or street closure
on a residential road is planned, the permit holder will notify the
entire street by mail or with a posting on their door by at least
five business days before work commences. Any lane or street closure
must be approved by the Township.
In computing the surface area of the permanent restoration surface to be charged, for small single cuts, the table under § 186-7A shall guide the total square yard required to be paid under the permanent restoration fee per § 186-5G. Large street cuts charged surface fees shall be set by a letter of agreement under § 186-5C. For applicants that coordinate with the Township ahead of paving permit, see § 186-9. If the permittee or Township inspector determines that the permittee removed, disturbed, or damaged an area greater than what is stated on the permit, the permittee shall pay a proportionate amount to be determined by the Township, which shall be amended to the letter of agreement.
A.
The table below depicts the total square yards that are required
for a small single cut. The size of a cut is dictated by the longest
side of a cut (length or width).
|
Cut Size
(length or width)
|
Area to be Patched
(square feet)
|
|---|---|
|
Up to 12 inches
|
9
|
|
>12 to 24 inches
|
18
|
|
>24 to 48 inches
|
27
|
|
>48 to 60 inches
|
36
|
|
>60
|
45
|
B.
Cuts with a length or width greater than 72 inches or greater than 36 square feet are considered large cuts. These require the affected area to receive overlay and milling if applicable. The Township shall include a cost assessment to fulfill overlay requirements under this section in a letter of agreement under § 186-5C.
A.
Street access work for recently paved or seal-coated streets shall be subject to charges to recover the premature degradation caused by the work. The premature degradation fee for pavement cuts on streets paved or seal coated within 15 years from the date of the application shall be based on the permanent restoration fee rate, specified by the Township under § 186-5G, and the total number of disturbed area by square yard calculated in a letter of agreement by the Township:
(1)
Work undertaken in the first eight months after a road has been paved
or seal-coated shall be prohibited.
(2)
100% of the premature degradation fee for the current year through
the fifth year;
(3)
80% of the premature degradation fee for years six through 10;
(4)
50% of the premature degradation fee for years 11 through 15.
B.
Premature degradation fees for distances of 100 feet containing more than 10 cuts in a 100-foot distance shall be required to have a separate fee set in a letter of agreement under § 186-5C.
C.
The premature degradation fee applies to all permittees under these
conditions whether they provide the pavement restoration, or the Township
provides the restoration.
A.
Where, in the opinion of the Township, site conditions are determined to involve construction work beyond that normally required for street access, the permittee shall provide additional information, and may be required to perform additional work and pay additional fees as set in a letter of agreement under § 186-5C. Where additional work is required for any restoration within the right-of-way, that work shall be included in a letter of agreement.
B.
Special site conditions include, but are not limited to, permanent
restoration of the street surface by the applicant, permanent restoration
of the street beyond the permit area of the cut, construction of features
or facilities within the rights-of-way other than trench restoration,
and other special site construction work determined during the application.
Examples of special site conditions are described below:
(1)
Large cuts.
(a)
Additional restoration of the pavement will be required for
large cuts. Large cuts include, but are not limited to, the following
conditions:
[1]
Where two or more transverse or longitudinal cuts are made within
a 100-foot-long section of street and the total area of the cuts is
equal to or greater than 40 square feet. (Transverse cuts are typically
made for laterals that run across the street, and longitudinal cuts
are typically made for mains running with the street.)
[2]
Where the width or length of a single cut is greater than 72
inches, or an area of a single cut is greater than 36 square feet.
(b)
The additional restoration for these cuts shall comply with
the Township's standard engineering drawings and specifications
for large-cut restoration which shall include milling and overlaying
of the wearing surface of the entire lane(s) between the curb and
the street center line within the disturbed area bounded by the cut(s).
Single cuts and multiple cuts under this section shall be restored
as follows:
[1]
Single large cuts in the roadway shall be overlayed curb to
the crown within the right-of-way with a yard distance from the area
of permanent restoration on each side of the cartway. A large cut
that is present in more than one lane shall receive an overlay from
curb to curb. A large right-of-way cut outside of the cartway shall
be restored per the Township's standard engineering drawings
and specifications.
[2]
Multiple large cuts in the right-of-way shall have permanent
restoration determined by a letter of agreement, which shall include
an overlay of affected areas if multiple cuts are present in the cartway.
(c)
Large cuts anywhere within the right-of-way shall also be subject to § 186-8.1B(1)(a).
(2)
Curb ramps.
(a)
For conditions where the permittee proposes an alteration to
a street crosswalk or other crosswalk within the Township's rights-of-way
and where the existing curb ramps at that crosswalk do not meet the
current requirements of the Americans with Disabilities Act (ADA),
the permittee will be required to upgrade the crosswalk to meet current
ADA standards including curb ramps for that crosswalk. Crosswalk and
pedestrian access route alterations, as defined by the ADA and PennDOT,
shall include any project that will affect or could affect the accessibility
or use of the accessible route.
(b)
Alteration projects that meet these conditions shall be determined
by the Township on a case-by-case basis and shall follow the latest
guidance from the Pennsylvania Department of Transportation, including
Publication 13M, Chapter 6. Township crosswalks are located at all
street intersections whether crosswalk markings are present. Crosswalks
are also located along sidewalks where the sidewalks cross alleys
and driveways. For crosswalks that are not marked, the crosswalk area
within a street intersection is the area delineated by the outside
curb radii and the lines drawn across the streets that connect the
termini of the curb radii, excluding the area of the interior rectangle.
The interior rectangle is formed by projecting the curblines into
the intersection and the rectangle is defined by the corners of the
intersecting projected curblines. Unmarked crosswalks include the
area that is defined by the projection of the sidewalk across the
street, alley, or driveway. For street cuts proposed under these conditions,
the permittee will be required to construct or reconstruct curb ramps
at the crosswalk to meet the current ADA and PennDOT requirements.
To facilitate the proper construction of the ramps, the permittee
shall include with their permit application the following additional
provisions:
[1]
An existing conditions survey that includes all of the curb
ramps within the intersection, alley, or another access route where
the cut is proposed to determine compliance and/or noncompliance with
ADA.
[2]
Curb ramp designs for construction of each new and noncompliant
curb ramp. The curb ramp designs must comply with the most current
applicable PennDOT standard for curb ramps. The existing condition
survey and the ramp designs must be sealed by a qualified engineer
or surveyor registered in the Commonwealth of Pennsylvania.
[3]
An amendment to the letter of the agreement states that the
permittee will construct or replace curb ramps within the intersection
or alley that does not currently meet ADA and PennDOT requirements.
[4]
A bond, letter of credit, or another form of appropriate surety
that includes an amount equal to the cost to construct the ramps per
the approved design. The amount of the surety must be approved by
the Township.
(c)
Ramp designs will be reviewed by the Township Engineer for approval
before the issuance of the permit. For projects that involve state
and/or federal funding, additional PennDOT approval shall be required.
(d)
Following the construction of the curb ramps, the permittee
shall submit to the Township completed as-built (record) drawings
of the work indicating that the ramps were properly inspected and
were found to comply with the approved design.
(3)
Steel plates. When a temporary surface is required the temporary
installation and maintenance thereof shall be the responsibility of
the permittee until the permanent surface is completed and accepted.
(a)
Steel plates shall only be used to secure open excavations when
the permittee is unable to backfill the same day excavation occurs
and may be utilized as permitted by the Township. In the event steel
plates must be left unattended for a period exceeding five business
days without prior approval, the permittee is required to notify Maidencreek
Township of the reason(s) and necessity of the plate(s), as well as
the estimated time before resuming their work. Failure to provide
notice, remove the plates, or resume or complete excavation constitutes
a violation of this article, and the appropriate fine shall be levied.
(b)
All steel plates shall be properly marked with the utility and
contractor's name and a twenty-four-hour contact phone number
in the event of a disturbance. Additionally, the steel plates shall
be of sufficient thickness to resist bending and vibration under traffic
loads and shall be anchored securely to prevent movement. Secure anchoring
should include methods such as pins or cold patches. If these conditions
are not met, the permittee shall be required to backfill, pave the
excavation, or use alternative methods sufficient to remedy the disruption.
(c)
The plates shall be secured to prevent any lateral movement.
If movement occurs, the permittee will be notified to resecure plating
immediately; otherwise, the permittee shall be charged 200% of the
cost incurred by the Township to secure the permittee's plates.
All plates must feature signage indicating steel plates ahead in the
lane of traffic where they are present per Pennsylvania Department
of Transportation regulations.
(d)
All plated locations must utilize traffic control devices as
defined to include signs, signals, or markings generally used to warn
or guide vehicular traffic through streets, highways, or private roads
open to public travel as regulated by the Manual on Uniform Traffic
Control Devices (MUTCD).
(4)
Blasting. No predrilling or blasting shall be permitted within
the right-of-way unless authorized by the permit.
(a)
If the permittee proposes to blast, the permittee shall make,
execute and deliver a blaster's license and a bond to the Township
in an amount determined by the Township Roadmaster with surety by
a company duly registered and authorized to do business in the Commonwealth
of Pennsylvania, conditioned that the Township will be saved harmless
from any damages whatsoever to the improved area and all other private
and public property for one year from the date of the completion of
the last work covered by the permit.
(b)
When blasting is anticipated within 100 feet of any building
or structure, a detailed plan of excavating, sharing, blasting, and
backfilling procedures shall be submitted with the application to
the Township for review and approval. The Township may require pre-blast
inspections of structures or facilities which may be affected by the
permitted work. Blasting as specified in Section 203.3(d), PennDOT
Form 408, shall be permitted within the improved area.
If the Maidencreek Township determines that the permitted work
is of sufficient magnitude or importance to warrant inspection beyond
routine spot inspection or due to noncompliance with the permit conditions,
the permittee shall be charged for all expenses incurred by the Maidencreek
Township for the additional inspection(s).
A separate permit shall be issued for each street affected.
Permits shall not be submitted for work not being completed in conjunction
with the other permit cuts for which the permit is being sought. In
addition to the street cuts previously described street access permits
will be issued for the following:
A.
Boreholes. Boreholes are small drilled excavations, up to eight inches
in diameter at any depth, made in the right-of-way to investigate
existing conditions, or to open the pavement for investigations below
the pavement section. Boreholes made below the pavement section must
utilize nondestructive excavation methods. Nondestructive excavation
shall be limited to methods that use pressurized air and vacuum systems
to excavate borings, up to four square feet in area, for visual examination
of underground utilities and other subsurface conditions. Nondestructive
methods other than air-vacuum systems must be approved in writing
by the Township before issuance of the permit. Boreholes are street
cuts and a borehole fee will be charged for each borehole made, as
specified by the Township. The permittee shall restore the boreholes
in the same manner as a standard street cut. The work shall be completed
within 30 days of boring. If the applicant does not restore the boreholes
within that period, the Maidencreek Township reserves the right to
take any steps deemed necessary to repair the street and the associated
costs shall then be paid by the permittee.
B.
Emergency cuts. Emergency street cuts and excavation required to
access leaking utility mains or other installations that pose a potential
hazard, or boreholes required to search out threatening conditions,
may be made in advance of a permit at the discretion of the utility
company conducting the investigation and repairs. Within two hours
of commencing an emergency cut or excavation, the local Police Department
shall be notified at (610) 655-6111, as well as other potentially
affected utilities and the PA One Call System. An authorized representative
of the responsible party shall notify the Township the next business
day, and a proper permit application accompanied by appropriate fees
and other required documents shall be submitted to the Township within
five business days of the commencement of the work.
C.
Ahead of paving permit. Applicants proposing street cuts at locations that are scheduled for street improvements by Maidencreek Township will be charged at the ahead of paving permit fee rate as specified by the Board of Supervisors from time to time. A detailed construction plan must accompany each application for an ahead of paving permit. Temporary and permanent trench restoration will be performed by the permittee at his/her cost and following the schedule of road work as determined by Township. The permanent pavement surface restoration will be coordinated with the Township. The fee charged for this restoration shall be determined by applying typical costs for this construction work applied to the charged surface per § 186-7.
D.
Traffic impact plan (TIP). The TIP shall detail the method by which
vehicular and pedestrian traffic will be affected and controlled during
a permitted project. The TIP shall also include any barricades, signs,
lights, or other approved safety devices necessary to facilitate closure,
and where the work results in closing or diverting traffic into another
lane, a flag person shall always be posted while the work is actively
being performed. For street closures within the Township that also
require PennDOT permits, the application must include a copy of the
state-issued permit and comply with all traffic control standards.
In residential areas, the Township Manager may waive the requirement
for a traffic impact plan (TIP); however, all other traffic control
regulations shall be required.
E.
Failure to complete work on time. For conditions where the permitted work may not be completed, or has not been completed, on or before the permit expiration date, the Township may, if they deem it necessary, backfill the trench and place permanent pavement, cold patch, or a combination of both at separate times over the opening. Work done under this provision shall be paid for in its entirety by the permittee. This includes costs for work here and permanent restoration per § 186-5G.
F.
Time extension. If an extension of time beyond the permit expiration
date is necessary for the permittee to complete the work, then a written
application must be submitted and signed by the permittee at least
two weeks before the expiration date. Permit time extensions will
only be granted upon the timely submission of the permit extension
application and the payment of the time extension fee, as specified
by the Township. Any permittee that fails to request and receive an
extension for permitted work and continues to work shall violate this
section.
Plan and subsurface drawings and record drawings. All applicants
shall include with their application scale drawings that clearly and
accurately show the location of the proposed work and the relation
to existing facilities within the vicinity of the proposed work that
will be or could be, affected by the work. The scope of the drawings
shall include at minimum: all adjacent underground utilities, curb
lines, sidewalks, traffic control loops, and similar features in both
plan and cross-section view. Upon completion of work, the permittee
shall furnish to the Township record drawing(s) that indicates the
as-constructed location, size, and type of utility or feature installed
or altered and its location regarding the work area and the adjacent
right-of-way and curb lines. If the applicant utilizes any form of
shapefiles, they must share the nonproprietary information listed
herein in that format with the Township.
A.
Excavation notice.
(1)
Pennsylvania Law 20 (Act No. 187, as amended) requires those who intend to excavate or demolish to file certain notices (PA One Call) before commencing work. Applicants for permits in accordance with § 186-4 shall comply with all the requirements of this Act. Permits issued where this obligation has not been met shall be deemed null and void.
(2)
The permittee shall deliver a construction schedule in writing to
the Township indicating the date on which the work will begin, the
estimated date when the restoration of the trench will begin, and
any other milestones that may be critical to the inspection of the
work.
B.
Pavement or concrete edges. The paved or concrete surface shall be
cut to a neat edge using an asphalt/concrete saw or jackhammer. The
permittee shall take the necessary precautions to protect the neat
edge and is responsible to restore any edges that become broken.
C.
Barricades, trench covers, and lighting. All openings shall be properly
barricaded and protected by the permittee. Excavations shall not be
left open at the end of the work shift or when left unattended. Permittees
are responsible for the protection of the public within the construction
areas and all work zones shall be marked following PennDOT's
work zone traffic control regulations until the permitted work is
restored and approved. Nothing contained in this article or other
legislation of Maidencreek Township shall release the person or persons
opening the right-of-way from any liability associated with claims
for injury or damage resulting therefrom.
D.
Backfilling. Materials excavated in conjunction with cuts within
the right-of-way should be promptly hauled away and shall be removed
before nightfall. The permittee shall arrange for the immediate repair
of the affected utility and backfill of the opening without delay.
Backfill material shall consist of crushed stone placed and properly
compacted following the details and specifications issued by the Township.
(1)
The Township reserves the right to mandate compaction testing for
any cut and may require multiple tests for large projects. The applicant
shall pay the cost of this inspection.
E.
Paving restoration. Immediately following backfilling and compaction,
the permittee shall apply a temporary pavement restoration, such as
a cold patch, following Maidencreek Township's street cut restoration
drawing and specifications. For those permits where the permittee
performs the permanent pavement restoration, this work shall be completed
not less than three months nor more than six months following the
temporary pavement restoration. The surface material shall be compacted
with a gravity roller or vibrating compactor subject to the approval
of the Township Engineer. The permittee shall maintain the restoration
by re-excavating and/or applying additional surface material to provide
a smooth-riding surface for two years after restoration. Repairs shall
be made by the permittee within 24 hours' notice by the Township.
The permittee is responsible for the continual protection and maintenance
of the cut whether he/she is notified by the Township to perform additional
work.
F.
Notices to begin and end work. The Township shall be notified at
least three workdays before the start of the work and shall be notified
at least three workdays before permanent restoration is undertaken.
G.
Work to conform to Maidencreek Township standards. The work shall
be done at such time and in such manner as shall be consistent with
the safety of the public and following Maidencreek Township engineering
standard drawings and specifications.
(1)
If Maidencreek Township discovers that the work has been discontinued
or has not been properly performed, the permittee, upon being notified
thereof in writing by Maidencreek Township, shall immediately take
all necessary steps, at the permittee's own expense, to place
the work in such condition as to conform to the Township's requirements
or standards.
(2)
If a dispute arises between the permittee and Maidencreek Township,
the Township's inspector shall have the authority to suspend
work until the matter can be referred to the Township Manager for
resolution.
(3)
The Township Manager shall hold a meeting with representatives of
the permittee and the Township's road crew and other appropriate
consultants, and render a decision based on the information presented
at that meeting.
(4)
If a dispute has not been resolved in 30 calendar days by the permittee, or the permittee has not appropriately responded to requests for a meeting, the Township may at its discretion bring work into conformance with its requirements and standards. The permittee shall pay for the work in its entirety per § 186-5G.
When applying for a street access permit, an applicant shall
provide a certificate of insurance with general liability coverage,
including any liability normally covered by a general liability policy
with limits of not less than $1,000,000 per occurrence and $2,000,000
in the annual aggregate. Before the commencement of the performance
of the excavation, the contractor shall furnish to the Township a
certificate of insurance evidencing required coverage in at least
the limits required herein, naming the Township of Maidencreek, its
elected officials, agents, and employees as additional insured for
ongoing operations and products and completed operations. Moreover,
the applicant agrees, as a condition governing the issuance of the
permit, that they shall hold harmless Maidencreek Township, its elected
officials, agents, and employees from all claims and actions whatsoever
arising under the execution of said permit.
A.
The permittee shall fully indemnify and save harmless and defend
the Township of and from all liability or damages or injury occurring
to any person or persons or property:
(1)
Through or in consequence of any act or omission of any contractor,
agent, servant, or employee of the permittee or other person engaged
or employed in, about, or upon the work, by, at the instance, or with
the approval or consent of the permittee;
(2)
From any failure of the permittee or any such person to comply
with the permit or the regulations outlined in this article; and
(3)
From the failure during the two-year period after completion
of the permitted work of the street in the immediate area of the work
performed under the permit where there is no similar failure of the
street beyond the area adjacent to the area of the permitted work.
Any person, firm, or corporation who breaks or cuts in any manner
the surface of any street of the Township without first having obtained
the proper permit and paid the application fee and charges hereinbefore
set forth, including any time extension fee, or violates any of the
other provisions of this article shall, upon conviction before a Magisterial
District Judge, be sentenced to pay a fine not exceeding $1,000 per
violation plus costs, with each day a violation continues being treated
as a separate offense; and in default of the payment of such fine
and costs, said person and/or the responsible agents or officers of
firms or corporations, violating the provisions of this article shall
be imprisoned in the Berks County Prison for a period not exceeding
90 days.
