Township of Union, PA
Washington County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Supervisors of the Township of Union as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Uniform construction codes — See Ch. 113.
Grading — See Ch. 135.
Oil and gas exploration — See Ch. 176.
Subdivision and land development — See Ch. 242.
Zoning — See Ch. 280.
[Adopted at time of adoption of code (see Ch. 1, General Provisions, Art. I)]
This article shall be known as the "Union Township Driveway and Street Excavation Ordinance."
The background of this article and the legislative intention of the Board of Supervisors ("Board") in enacting it are as follows:
A. 
The Township of Union is a municipal Township.
B. 
The Township of Union has suffered damage to its roads as a result of improper connection of driveways to Township roads and faulty drainage.
C. 
Improper connections and faulty drainage have resulted in hazardous conditions.
D. 
The Township deems it necessary for the proper management, maintenance and control of its public road system to regulate the connection of driveways to Township roads.
E. 
Roadway excavations have resulted in damage, improper drainage and uneven riding surfaces on Township roadways, all to the danger and hazard of vehicular traffic.
F. 
Roadway excavations have resulted in increased costs of repairs and maintenance of public roads to eliminate hazards to the public.
G. 
The Township desires to require proper connection of driveways and repair of roadway excavations to minimize damage to Township roads.
For the purposes of this article, the following terms shall be defined as follows:
BOARD OF SUPERVISORS
The Board of Supervisors of Union Township, Washington County, Pennsylvania.
CONTRACTOR
The person who installs a driveway or excavates in a Township roadway, including all agents, subcontractors, officers or employees of that person or business entity.
DRIVEWAY
Every entrance or exit used by vehicular traffic to or from properties abutting a public road. The term includes proposed streets, lanes, alleys, courts and ways.
OWNER
The owner of the land upon which the driveway is located and his successors or assigns.
PENNDOT
Pennsylvania Department of Transportation.
PERMIT
A highway occupancy permit issued by the Board of Supervisors pursuant to this article.
PERMITTEE
The holder of a duly issued permit.
PERSON
Any natural person, firm, partnership, corporation, entity, association or other group or persons. The singular shall include the plural, and the masculine shall include the feminine and the neuter.
PUBLIC ROAD
Any road, street, alley, bridge or public thoroughfare, including the entire area between right-of-way lines, either presently maintained by Union Township or shown on a subdivision or land development plan and intended to be dedicated to Union Township in the future.
RIGHT-OF-WAY
The area which has been acquired by the Township for highway purposes.
TOWNSHIP
Union Township, Washington County, Pennsylvania, or its duly appointed representative.
A. 
Permit required. No person shall hereafter install or alter an existing driveway or allow any work incident to the alteration or installation of a driveway including the alteration of existing drainage characteristics without first obtaining a permit from the Township. No person shall hereafter perform excavation or other work within a Township public road without first obtaining a permit from the Township. The fee amount for said permit shall be approved annually by resolution. The fee for said permit shall be set by resolution of the Board of Supervisors.
B. 
No combined permits. Each driveway, whether or not serving the same premises, shall require an individual permit. Each excavation or other work situate within a public road shall require an individual permit.
Any owner shall, prior to obtaining a permit for a driveway connection, file an application with the Township on a form furnished by the Board of Supervisors. Every person intending to perform excavation or other work within a public road shall, prior to obtaining a permit, file an application with the Township on a form furnished by the Township. The application shall be accompanied by such permit issuance fees and general inspection fees as determined by resolution from time to time by the Board of Supervisors. Issuance fees are used to defray costs incurred by the Township in reviewing and processing the application and plan(s), including the preliminary review of the site location identified in the application, and issuing and processing the permit. General inspection fees are used to defray costs incurred by the Township in spot inspection(s) during the progress of the work and after it has been completed to ensure compliance with the permit and these regulations.
A. 
Required information. The application shall be accompanied by a sketch of the proposed driveway which, at a minimum, shall indicate:
(1) 
Geometric information such as width, radius, dimensions and location of the public road, right-of-way, slope and grades, length of driveway to residence or building, and distance to property lines and nearest driveway(s) and intersection(s). In conjunction with submission of the application, the applicant shall place a stake at the desired location, which shall coincide with the submitted sketch.
(2) 
Safe sight distances shall be indicated on the sketch as obtained from actual field measurement. Measurement of sight distance shall be measured in accordance with the requirements of PennDOT. Minimum sight distances shall be required to meet those set forth by PennDOT. Signature of the application by the owner shall be an admission that the indicated sight distance is the result of actual field measurement.
(3) 
The Township Engineer shall review the same and make comments and/or recommendations to the Board of Supervisors for the Board of Supervisors' consideration.
(4) 
Drainage culvert (if applicable) or swale including related grades as may be required. The determination for installation of a culvert pipe or swale shall be made by the Township Engineer following initial review by the Township Code Enforcement Officer. The application must also include a long-term drainage and erosion control plan which shall specify provisions for roadside drainage and control and mitigation of surface water runoff created by installation or improvement of the driveway.
(5) 
When determined by the Township, a stormwater management plan shall be filed in accordance with the requirements of Chapter 225, Stormwater Management; in which case approval of the stormwater management plan shall precede issuance of a driveway permit.
B. 
Review criteria. The application and accompanying sketch and drainage plan shall be reviewed by the Township or its duly appointed representative. Driveway design shall conform to the requirements and standards and specifications of this article, PennDOT, the applicable Union Township land development subdivision as amended, Chapter 225, Stormwater Management, and all related standards and specifications which are incorporated herein by reference. In no event shall a permit be issued for a proposed driveway under any of the following circumstances:
(1) 
It would create hazardous effects of stormwater runoff.
(2) 
It would cause damage to a public road.
(3) 
It would increase hazardous driving conditions on the public road.
(4) 
It would be constructed in a manner which would obstruct it from view.
(5) 
The sight distance is inadequate to safely allow movement to be made into or out of the driveway.
(6) 
It would create an area of traffic congestion on the highway or street.
(7) 
It shall not be located at an interchange, ramp area or a location that would interfere with the placement, functioning or maintenance of a highway or street sign, detector, lighting or other device that affects traffic control.
(8) 
Where the property abuts two or more streets or highways, ingress and egress may be restricted to only that highway or street which can more safely accommodate its traffic.
(9) 
No more than one driveway shall be permitted per lot on any one highway or street frontage. The Board of Supervisors may grant permission for additional driveways under exceptional circumstances.
(10) 
It shall not be located within 40 feet of the right-of-way line of an intersecting street when deemed reasonably necessary for safety by the Board of Supervisors. This dimension shall be increased for driveways to shopping centers and other commercial, industrial, public or institutional purposes.
(11) 
It shall not be located within five feet of a fire hydrant, catch basin or drain inlet.
(12) 
It shall not exceed a slope of 7% within 15 feet of the street right-of-way line.
(13) 
It shall not be located within three feet of a property line.
C. 
Damage to public roads. The owner and/or contractor is responsible for damage to any portion of the public road caused by equipment en route or used at the work site.
D. 
Traffic protection and maintenance. Maintenance and protection of traffic shall be carried out in accordance with the requirements of the Pennsylvania Department of Transportation, as set forth in Publication Nos. 43 and 90.
(1) 
The permittee shall provide and maintain all necessary precautions to prevent injury or damage to persons and property in accordance with instructions furnished by the Township. A traffic control plan shall be submitted to and approved by the Township Engineer before detouring any traffic.
(2) 
Warning signs shall be placed in advance of the actual operation in such a manner as to be visible to the traveling public, and substantial barricades with adequate illumination shall be provided and maintained for any open trench or hole in the improved area.
(3) 
Designated employees shall be assigned by the permittee to direct one-lane traffic. Flagmen shall be provided as specified in the permit and in accordance with applicable Publications 212 and 213.
E. 
Drainage. All driveways which are installed on any public road will be required to install either a drainage pipe (culvert) or construct a drainage swale as directed by the Township representative.
F. 
Paving to limits. All driveways which are constructed and have access onto a paved public road will be required to be paved from the edge of the existing public road to the right-of-way limit or the end of the radius, whichever extends further from the Township road.
G. 
PennDOT requirements. When a driveway accesses a state road, the owner shall comply with all PennDOT requirements, including the requirements to obtain a permit from PennDOT.
H. 
Reinspections. The Township may reinspect the work not more than two years after its completion, and if there is settlement of the connection or any other defects appear in the work contrary to the conditions, restrictions and regulations of this article, the Township may enforce compliance therewith. If the owner fails to rectify a defect which presents an immediate or imminent safety or health problem within 48 hours or any other defect with 60 days after written notice from the Board of Supervisors to do so, the Township may do the work and impose upon the owner the cost thereof, together with an additional 20% of the costs, which may be recovered by the Township.
I. 
Owner's responsibility. As part of obtaining a driveway permit, all property owners shall be responsible for long-term maintenance of the driveway and related drainage or stormwater management plan. In the event that excess stormwater runoff or sediment is diverted onto public roads, the owner will be given notice and required to make necessary corrections to bring the driveway and drainage into compliance. In the event that a driveway culvert pipe becomes crushed or blocked, it may be replaced at the owner's expense. The Township reserves the right to require the owner to make repairs, to make the repair at the owner's expense or to contract with a third party at owner's expense to perform the needed repairs. All property owners shall be responsible for any and all costs for maintenance to public roadways resulting from water runoff caused by improperly maintained driveway pipes.
J. 
Overnight parking. Where construction permitted by this article requires equipment to park at the site overnight, it shall be located at a minimum of four feet from the edge of the cartway of the Township road.
K. 
Sight distance. Measurement of sight distance from a vehicle turning from a driveway shall be such that the position of the driver it taken to be 10 feet from the edge of the traveled roadway at the center line of such driveway; the driver eye height is to be 3.5 feet; the vehicle height on traveled roadway is to be 4.25 feet. Adequate sight distance is to be provided to the right and to the left of the driveway.
L. 
Permit issuance. If the plans meet the criteria above, the Township shall issue the permit. If the application is found to be deficient, or if in the opinion of the Township the plan should be revised in order to meet the criteria above, the Township shall notify the owner of the changes to be made, whereupon the applicant shall make such changes and return the revised plans to the Township. When the application is acceptable to the Township, the permit shall be issued.
Design, construction and restoration shall conform to the requirements of this article, PennDOT regulations, and specifications as may be adopted by the Township from time to time.
A. 
Permit application.
(1) 
Any person desiring to open, excavate or bore in or under any street in the Township shall file an application with the Township on forms provided by the Township. Such application shall contain the following information:
(a) 
The name and address of applicant.
(b) 
The exact location of the proposed opening, excavation or boring.
(c) 
The approximate size and depth of the proposed opening, excavation or boring.
(d) 
The proposed dates and times of commencing and completing the work.
(e) 
The method and progression for performing the work.
(f) 
The purpose of the proposed opening, excavation or boring.
(g) 
Such other information as the Township may deem pertinent.
(2) 
Such application shall contain a statement, which shall be subscribed to by the applicant, to the effect that the applicant will comply with all relevant ordinances of the Township (including this article) and laws of the Commonwealth of Pennsylvania and that the applicant will defend, protect and save harmless the Township and its officers, agents and employees from all loss and liability in accordance with the provisions of this article.
B. 
Issuance of permit; applicability. Upon being satisfied that the application is in proper form and upon receipt from the applicant of the fee prescribed by this article, the performance bond prescribed by this article and the certificates of insurance prescribed by this article, the Township shall issue a permit. Such permit shall apply only to a specific work described in the application, shall expire on the date and time when the work is proposed to be completed and may contain such conditions or limitations as the Township deems necessary for the protection of persons and property.
C. 
Emergency situations. In the case of any leak, explosion or other accident in any subsurface pipe, line, conduit, construction or apparatus, it shall be lawful for the person owning or responsible for such pipe, line, conduit, construction or apparatus to commence an opening or excavation to remedy such condition before securing a permit, provided that application for a permit shall be made immediately and not later than the next business day thereafter and that all other provisions of this article are fully complied with. If any such emergency condition shall not be immediately attended to by the owner or person responsible for such pipe, line, conduit, construction or apparatus, the Township, after such notice or attempt of notice as it shall deem necessary under the circumstances of the particular case, may proceed to have the work necessary and required by such emergency performed and charge the cost thereof to such owner or person.
D. 
Open lane of travel. No opening, excavation or construction in any public road shall extend from the right-of-way line into the road past the center line before being restored to a condition safe and convenient for travel.
E. 
Allowable limits of excavation. No more than 100 feet longitudinally shall be opened in any street at any one time, except in the case of the installation of gas or water lines by public or private bodies or of sanitary or storm sewers by the Township or a duly constituted Township municipal authority.
F. 
Special conditions for subsurface operations.
(1) 
Drilling, boring, driving or tunneling across improved area.
(a) 
When crossing under any improved area, the opening for a utility facility shall be drilled, bored or driven on a horizontal plane at a minimum depth of three feet below the surface of the highway and its swale ditches.
[1] 
The facility may be placed otherwise by tunneling when specified in the permit. When tunneling, after the facility is placed, the hole shall be backfilled with one-to-three-to-six concrete of dry consistency and tamped.
[2] 
Wet boring is prohibited.
(2) 
No openings for the purpose of placing utility facilities or other structures under the improved area by drilling, boring, driving or tunneling shall be made closer than three feet to the edge of the roadway unless the permit authorizes less clearance.
(3) 
Facilities and other structures crossing under the improved area shall be constructed so as to assure the safety of the traveling public and to preclude the necessity of entering upon the improved area to effect future maintenance or replacement.
G. 
Trenching across improved area.
(1) 
No trenching shall be permitted across the improved area unless authorized by the permit.
(2) 
Trenching across the improved area may be authorized by the permit where drilling, boring, driving or tunneling are not feasible because:
(a) 
The subsurface is solid rock.
(b) 
There are other facilities located longitudinally under the improved area and their location precludes methods other than trenching.
(c) 
Adjacent development in a very congested area makes the construction of a tunneling or boring shaft impossible.
(3) 
When trenching is specified in the permit, the trenching operation shall be performed by one of the following two methods:
(a) 
Utility facility placed in one piece across highway.
[1] 
Traffic shall be routed over 1/2 of the pavement width.
[2] 
The closed half of the pavement shall be opened to the required depth and bridged with steel plates.
[3] 
Traffic shall be shifted to the bridged half of the pavement.
[4] 
The remaining half of the pavement shall be opened to the required depth.
[5] 
The facility shall be placed full width.
[6] 
The open trench shall be backfilled and restored half-width in accordance with this section (relating to special conditions for subsurface operations).
[7] 
Traffic shall be shifted to the restored half of the pavement.
[8] 
The bridging shall be removed and the remaining half of the trench shall be backfilled and restored in accordance with this section (relating to special conditions for subsurface operations).
(b) 
Utility facility placed in more than one piece across highway.
[1] 
Traffic shall be routed over 1/2 of the pavement width.
[2] 
The closed half of the pavement shall be opened to the required depth, the facility placed and the trench backfilled and restored in accordance with this section (relating to special conditions for subsurface operations).
[3] 
Traffic shall be shifted to the restored half of the pavement.
[4] 
The remaining half of the pavement shall be opened to the required depth, the facility placed and the trench backfilled and restored in accordance with this section (relating to special conditions for subsurface operations).
H. 
Open trenches. If work is stopped on any road project and any ditch or trench remains open for an unreasonable period, in the opinion of the Township, the owner and/or contractor, if so directed, shall refill the ditch or trench, and work shall not be resumed until such time as the owner and/or contractor is ready to proceed. In the event that the owner and/or contractor fails to fill in the ditch or trench upon notification by the Township, the Township may perform the necessary and required work and charge the cost thereof to the owner.
I. 
Consent of abutting owners. The owner and/or contractor is not relieved from obtaining consent required from the owners of abutting properties and does not have the right to remove or destroy trees or shrubbery within the legal limits of the highway except under such conditions as the Township may prescribe.
J. 
Temporary surface. On improved public roads, a minimum two-inch, temporary paving of hot mix thoroughly bound and compacted shall be installed flush with the surface of the adjoining paving. Permanent paving must be completed within 60 days of excavation or following completion of site work related to the driveway.
K. 
Nondisturbance of utility connections. The work of excavation shall be so conducted so as not to interfere with the water mains, gas lines, sewers or their connections with the houses or any other subsurface pipes or structures until permission of the owners of such lines or structures shall have been obtained. The contractor is responsible for locating and protecting underground utilities and coordination with the respective utility company.
L. 
Township may correct work in the event that any work performed by the owner and/or contractor shall, in the opinion of the Township, be unsatisfactory and the same shall not be corrected in accordance with these instructions within the time so fixed; or in the event that the work for which the permit was granted in not completed within the time fixed by the Township, the Township may proceed to correct such unsatisfactory work or complete any such work not completed and charge the cost thereof to the owner.
M. 
Permits nontransferable. Permits may not be transferred without the approval of the Township.
N. 
Damages to public roads. The owner and/or contractor are responsible for damage to any portion of the public road caused by equipment en route or used at the work site.
O. 
Traffic protection and maintenance. Maintenance and protection of traffic shall be carried out in accordance with the requirements of the Pennsylvania Department of Transportation, as set forth in Publication Nos. 43 and 90.
(1) 
The permittee shall provide and maintain all necessary precautions to prevent injury or damage to persons and property in accordance with instructions furnished by the Township office. A traffic control plan shall be submitted to and approved by the Township Engineer before detouring any traffic.
(2) 
Warning signs shall be placed in advance of the actual operation in such a manner as to be visible to the traveling public, and substantial barricades with adequate illumination shall be provided and maintained for any open trench or hole in the improved area.
(3) 
Designated employees shall be assigned by the permittee to direct one-lane traffic. Flagmen shall be provided as specified in the permit and in accordance with Publication Nos. 43 and 90.
P. 
PennDOT requirements. When an excavation or other work is proposed in a state road, the owner shall comply with all PennDOT requirements, including the requirement to obtain a permit from PennDOT.
Q. 
Reinspections. The Township may reinspect the work not more than two years after its completion, and if there is settlement of the connection or any other defects appear in the work contrary to the conditions, restrictions and regulations of this article, the Township may enforce compliance therewith. If the owner fails to rectify a defect which presents an immediate or imminent safety or health problem within 48 hours or any other defect within 60 days after written notice from the Board of Supervisors to do so, the Township may do the work and impose upon the owner the cost thereof, together with an additional 20% of the costs, which may be recovered by the Township.
R. 
Overnight parking. Where construction permitted by this article requires equipment to park at the site overnight, it shall be located a minimum of four feet from the edge of the cartway of the Township road.
S. 
Permittee responsibilities.
(1) 
The permittee shall pay all costs and expenses incident to or arising from the project, including the prescribed fees for same, the cost of making and maintaining temporary restoration of the disturbed areas and making permanent restoration. The permittee shall reimburse the Township for any and all inspection costs which the Township may deem necessary to incur within 30 days after receipt of the Township's invoice.
(2) 
In the event of failure or neglect by permittee to perform and comply with the permit or these regulations, the Township may immediately revoke and annul the permit and order and direct the permittee to remove any or all structures, equipment or property belonging to the permittee and/or its contractors from the legal limits of the right-of-way and to restore the right-of-way to its former condition. In the event the Township determines that such structures, equipment or property pose a threat to the public safety, and the permittee fails to remove the same after notice from the Township to do so, the Township's attorneys or any attorney of any court of record shall be authorized to appear for the permittee and to enter an amicable action of ejectment and confess judgment against the permittee; and the attorney shall be authorized to issue forthwith a writ of possession with costs, without leave of court.
(3) 
If work is stopped on a project for any reason, other than at the end of any normal workday, and any ditch or trench remains open for an unreasonable period, in the opinion of the Township, the permittee, if so directed, shall refill the ditch or trench and work shall not be resumed until the permittee is prepared to proceed immediately with the work to its completion. In the event the permittee fails to refill the ditch or trench or proceed until completion of the work, upon notice from the Township to do so, the Township may perform the necessary and required work and shall be reimbursed for the costs by the permittee within 30 days after receipt of the Township's invoice.
(4) 
If the permittee, after making an opening in the surface to place or repair a facility or for any other purpose, fails to restore any portion of the right-of-way to conform to this section upon notice from the Township to do so, the Township reserves the right to do the work, and the permittee shall reimburse the Township for the costs within 30 days after receipt of the Township's invoice.
T. 
Altering drainage prohibited.
(1) 
Unless specifically authorized by the permit, the permittee shall not:
(a) 
Alter the existing drainage pattern or the existing flow of drainage water.
(b) 
Direct the additional drainage of surface water toward, onto or into or in any way affect the highway right-of-way or highway facilities.
(2) 
The permit does not authorize the permittee to direct, divert or otherwise drain surface waters over the property of any other property owner.
(a) 
The permit does not in any way relieve the permittee from acquiring the consent, permission or other authorization from any property owner which the Township determines may be adversely affected by drainage alterations.
(b) 
The permittee is responsible for any damage caused to any property owners as a result of work done under the permit.
U. 
Equipment damaging roadway.
(1) 
To protect the pavement and shoulders, all equipment shall have rubber wheels or runners and shall have rubber, wood or similar protective pads between the outriggers and the surface unless otherwise authorized by the permit.
(2) 
In the event that other than rubber-equipped machinery is authorized for use, the pavement and shoulders shall be protected by the use of matting, wood or other suitable protective material having a minimum thickness of four inches, unless the permit requires the permittee to repave the roadway full width.
(3) 
If the equipment damages the pavement or shoulders, the permittee shall restore the pavement or shoulders to their former condition at the permittee's expense.
V. 
Indemnification. The permittee shall fully indemnify and save harmless and defend the Township of and from all liability for damages or injury occurring to any person or persons or property through or in consequence of any act or omission of any contractor, agent, servant, employee or person engaged or employed in, about or upon the work by, at the instance or with the approval or consent of the permittee, from any failure of the permittee or any such person to comply with the permit or these regulations, and for a period of two years after completion of the permitted work, from the failure of the highway in the immediate area of the work performed under the permit where there is no similar failure of the roadway beyond the area adjacent to the area of the permitted work.
W. 
Insurance. The permittee shall, upon request, submit to the Township office a certificate or certificates of insurance for public liability and property damage, in form and amount satisfactory to the Township, to cover any loss that may be incurred for or on account of any matter, cause or thing arising out of the construction, reconstruction, repair, relocation or installation of the permitted structures or facilities.
X. 
Maintenance of disturbed area; bonding requirements. The applicant shall maintain the portion of the street disturbed by the opening or excavation for a period of 18 months from the date the backfilling is completed at a proper grade and condition free from ridges and depressions. Such maintenance work shall be done as often as may be necessary. To guarantee proper restoration of the surface and proper maintenance of the disturbed area, the applicant must deposit with the Township, prior to issuance of the permit, a bond in an amount set by the Township, with corporate surety guaranteeing the proper performance of the work and the proper maintenance of the disturbed area for the period of time required above. Utilities and other persons who open or excavate in streets on a regular basis may, with the permission of the Township, keep on deposit a single bond in an amount set by the Township and applying to the work included in all of the permits at any time outstanding.
Y. 
Notification and correction of defects; failure to correct. If within a period of 18 months from the date the backfilling is completed the Township determines that the backfilling, surface restoration or maintenance of the disturbed area is defective, it shall notify the applicant, in writing, to that effect. Promptly upon receipt of such written notice, the applicant shall take immediate steps to correct such defects. If the applicant fails to take immediate corrective action, the Township may perform the work itself or cause the same to be performed by another person. The applicant and the surety on its bond shall be liable for all costs and expenses incurred by the Township in correcting such defects and for any penalty assessed as a result of the applicant's failure to take immediate corrective action.
Z. 
Blasting. No predrilling or blasting shall be permitted within the right-of-way unless authorized by the permit.
(1) 
If the permittee proposes to blast, the permittee shall make, execute and deliver a bond to the Township in an amount determined by the Township, with surety by a company duly registered and authorized to do business in the commonwealth, conditioned that the commonwealth will be saved harmless from any damages whatsoever to the improved area for a period of one year from the date of the completion of the last work covered by the permit.
(2) 
When blasting is anticipated within 100 feet of any bridge, box or culvert, a detailed plan of excavating, shoring, blasting and backfilling procedures shall be submitted with the application to the Township office for review and approval.
(3) 
No blasting shall be permitted if within 25 feet of the nearest part of a bridge, box or culvert.
(4) 
Only controlled blasting, as specified in Section 203.3(d), PennDOT Form 408, shall be permitted within the improved area.
AA. 
Maintaining structure or facility. As long as the permittee operates and leaves in place any structures or facilities in, upon or along the right-of-way, the permittee shall maintain and keep them in good order and repair.
BB. 
Damaged structure or facility to be repaired. If at any time the structure or facility shall become damaged from any cause whatsoever, the permittee shall have it removed, repaired or otherwise made safe immediately upon notification from the Township.
CC. 
Approval by inspector. Approval by the Township's inspector of all or part of any permitted work shall not constitute acknowledgment that the work was performed in accordance with the permit, nor shall such approval by the inspector act as a release of the permittee or waiver by the Township of its right to seek performance or restitution from the permittee.
DD. 
When plates or bridging required. Except for emergency repairs of utility facilities, work shall be stopped prior to peak traffic hours that exist on a particular highway on a particular day. Steel plates or bridging shall be placed over all openings made within the improved area which are less than six feet in either length or width when work is stopped. The plates or bridging shall be extended a minimum of 18 inches from each edge of the opening and shall be secured in a safe manner.
EE. 
Disposition of materials.
(1) 
The permittee shall keep the improved area free of all material which may be deposited by vehicles traveling upon or entering onto the roadway during the performance of work authorized by the permit.
(2) 
The permittee shall be responsible for controlling dust conditions created by its own operations.
(3) 
All excess material and material that is not suitable for backfill shall be removed and disposed of outside the right-of-way as the work progresses.
(4) 
All retained suitable material shall be placed or stored on the side of the operation farthest from traffic, unless otherwise authorized by the permit, and in such a manner that there will be no interference with the flow of water in any gutter, drain, pipe, culvert, ditch or waterway.
FF. 
General rules. Permits will not be issued to install aboveground facilities at locations which the Township determines to have a high accident potential.
GG. 
Location of aboveground facilities.
(1) 
New poles, guys and other aboveground facilities shall be installed outside the shoulder of the public road as near the right-of-way as practicable.
(2) 
Installation of poles, guys and other aboveground facilities in locations where highway curb exists shall be placed off the roadway but as close to curb as possible.
HH. 
Location of wires, cables or conductors. All wires, cables or conductors which overhang any portion of the right-of-way shall be placed so as to provide a minimum vertical clearance of 18 feet over the roadway except where the National Electrical Safety Code requires vertical clearances in excess of 18 feet due to voltage and/or span lengths.
II. 
Guys.
(1) 
Guys shall be placed so as to avoid interference with vehicular or pedestrian traffic.
(2) 
Guys shall be insulated or grounded in compliance with the National Electrical Safety Code.
JJ. 
Identification of poles. Each pole shall bear the name or initials of the facility owner and the pole number(s) assigned by the facility owner.
KK. 
Availability of records for examination. All permit records, restoration records and emergency work records shall be made available for examination by the Township upon request.
From time to time, the Board of Supervisors may adopt, by resolution, such additional driveway and/or excavation specifications and requirements and may supplement or modify the driveway and excavation specifications set forth in this article. Any violation of the additional requirements or specifications, modifications and supplements, as duly adopted, shall be subject to the penalties set forth in § 236-10 of this article.
It shall be the duty of the Township to inspect all work for conformity with all of the ordinances of the Township. Notice must be given by the owner and/or contractor to the Township when the work is sufficiently advanced for inspection, when it shall be the duty of the proper officer to inspect the same after receipt of said notification.
Any person who violates or permits a violation of this article shall, upon conviction in a summary proceeding brought before a Magisterial District Judge under the Pennsylvania Rules of Criminal Procedure, be guilty of a summary offense and shall be punishable by a fine of not more than $1,000, plus costs of prosecution. In default of payment thereof, the defendant may be sentenced to imprisonment for a term not exceeding 90 days. Each day or portion thereof that such violation continues or is permitted to continue shall constitute a separate offense, and each section of this article that is violated shall also constitute a separate offense. Further, the appropriate officers or agents of the Township are hereby authorized to seek equitable relief, including injunction, to enforce compliance herewith.