[Ord. 135, 11/21/1978]
1.
PERSON
STREET
The following words, when used in this Part, shall have the meanings
hereby respectively ascribed thereto, except in those instances where
the context clearly indicates otherwise:
Any natural person, partnership, association, municipal authority,
firm, corporation or other legal entity.
Any right-of-way for a public street, avenue, boulevard,
road, alley or highway, except State highways, located in the Township
and established for the use of vehicles.
[Amended at time of adoption of Code (see Ch. AO)]
2.
In this Part, the singular shall include the plural; the plural shall
include the singular; and the masculine shall include the feminine
and the neuter.
[Ord. 135, 11/21/1978]
It shall be unlawful for any person to make any opening or excavation
of any kind in any street in the Township without first having obtained
from the Township Secretary a permit therefor, as hereinafter provided.
[Ord. 135, 11/21/1978]
No permit shall be granted under this Part uncle the person
desiring the same shall have made application therefor, and shall
have paid a permit fee to be set by the Board of Supervisors. Such
application shall comprise an agreement by the applicant that he shall
adhere to all the terms of this Part and that any failure to do so
shall constitute a violation.
[Ord. 135, 11/21/1978; as amended at time of adoption of
Code (see Ch. AO)]
No permit shall be granted until the applicant therefor shall
have filed a surety bond or other security acceptable to the Township
in the amount prescribed by the Township Secretary, based upon the
extent of the work and the character of the street and street surface
disturbed by the opening or excavation. Such bond or other security
shall guarantee that the permit holder shall be responsible for maintaining
the portion of the street disturbed by such opening or excavation,
and the restored surface thereof for a period of 12 months after the
completion of the resurfacing or restoration thereof.
[Ord. 135, 11/21/1978]
No permit shall be granted until the applicant therefor shall
have shown that he carries public liability insurance in an amount
and with a company deemed satisfactory to the Township Secretary.
[Ord. 135, 11/21/1978; as amended by Ord. 278, 9/18/1991]
1.
The work authorized by this permit shall be done at such time and
in such a manner as shall be consistent with the safety of the public
and shall conform to all requirements and standards of the Township,
designated herein as the Township. If any time it shall be found by
the Township that the work is not being done or has not being properly
performed the permittee and/or its contractor upon being notified
in writing by the Township, shall immediately take the necessary steps,
at its own expense, toward placing the work in condition to conform
to said requirements or standards.
2.
In the event of willful failure or neglect by said permittee and/or
its contractor or their employees to perform and comply with the conditions,
restrictions, and provisions of this permit, the Township may revoke
and annul this permit and order and direct said permittee and/or its
contractor to remove any or all structures or property belonging to
said permittee and/or its contractor from the legal limits of street
right-of-way and to restore the street right-of-way to its former
condition.
3.
If work is stopped on a project for any reason, and any ditch or
trench, in the opinion of the Township, remains open for an unreasonable
period, the permittee and/or its contractor, if so directed, shall
refill the ditch or trench and work shall not be resumed thereon until
the permittee and/or its contractor is prepared to proceed with the
work until completion. In the event that the permittee and/or its
contractor 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 subject to reimbursement by
the permittee and/or its contractor.
4.
The permittee shall pay all costs and expenses incident to or growing
out of the project including the prescribed fees for the same, the
cost of making and maintaining the temporary restoration of the disturbed
areas and making permanent restoration, and further shall reimburse
the Township for any inspection costs which the Township may deem
it necessary to incur, and the permittee shall reimburse the Township
for said costs within 30 days after receipt of the statement setting
forth sums expended therefor by the Township.
5.
If the permittee and/or its contractor, after making an opening in
the street to place or repair pipe for any other purpose, fails to
restore any portion of street right-of-way to conform with specifications
of the Township, the Township reserves the right to do the work and
bill-the permittee for the cost of the restoration.
6.
The permittee will submit to the Township, certificate or certificates
of insurance for public liability and property damage, in sufficient
amounts 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 facilities, except
in those instances, where the Township by prior arrangement has authorized
the permittee to provide other means of protecting the Township and
its employees.
7.
The permission herein granted does not relieve the permittee and/or
its contractor from obtaining any consent otherwise required from
the owner or owners of the abutting property and does not confer upon
the permittee and/or its contractor the right to cut, remove or destroy
trees or shrubbery within the legal limits of the street except under
such conditions, restrictions and regulations as the Township may
prescribe.
8.
If at any time the structure or facility shall become a hazard from
any cause whatsoever, the permittee and/or its contractor shall have
the same removed or repaired within 48 hours after receipt of written
notification, except at times of extraordinary happenings when extension
of such time limit may be given by the Township.
9.
After each and every excavation made by the permittee and/or its
contractor in any street right-of-way covered by this permit incident
to the erection, repair, resetting or removal of any poles, manholes,
conduits, water, steam, oil, gas pipes, sewers or any other obstructions
or construction, said permittee and/or its contractor shall, under
the supervision and direction of the Township, restore the street
to a condition conforming to requirements and/or specifications of
the Township. So long as said permittee and/or its contractor operates
and leaves in place such structures and appliances, in, upon or along
said street right-of-way, the permittee and/or contractor shall maintain
and keep in good order and repair the said structures and appliances.
The permittee covenants and agrees to fully indemnify and save harmless
the Township of and from all liability for damages or injury occurring
to any person or persons or property at or on said streets 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 said work, by, at the instance, or with the approval or consent
of the permittee, or from the failure of the permittee and/or its
contractor to comply with the provisions set forth herein.
10.
If at any time in the future the street is widened or the alignment
or grades are changed, the permittee further agrees to change or relocate,
any part of the structures covered by this permit which interferes
with the improvement of the street, at its own expense, to the extent
now or hereafter required by law.
11.
During the time when the street right-of-way covered by this permit
is under process of construction and/or until said street is accepted
by the Township, no permittee and/or its contractor will be authorized
to enter upon said street right-of-way for the purpose of erecting
poles, laying conduits, water, steam, oil or gas pipes or sewers,
or doing any other work whatsoever which might interfere with the
construction of the street, unless said permittee and/or its contractor
shall first file with the Township a duly attested certificate, signed
by the contractor or other authority constructing said street, containing
the full consent to such proposed work of said permittee and/or its
contractor within the lines of the said street right-of-way, together
with a satisfactory waiver, release and quit-claim to the Township,
of all damages and all defenses whatsoever for delays by reason of
such work and occupation of said roadway by said permittee and/or
its contractor, or from any cause whatsoever resulting by reason of
such work and occupation, provided that the provisions of this paragraph
shall not apply in case of emergency; in such case the permittee and/or
its contractor shall procure the written consent of the Township to
do such work as may be deemed necessary to correct the existing emergency
conditions.
12.
Any work done under this permit shall be subject to the conditions,
restrictions, and provisions of this permit which shall govern all
excavations, opening and trenches for the purpose of making repairs
to any poles, conduits, water, steam, oil, gas pipes or sewers, or
other structures, or property and appurtenances thereto belonging,
erected on or in the street right-of-way.
13.
This permit is issued subject to any additional rights which the
Township in which the work is to be done may have in such matters.
14.
After a permit is granted by the Township it shall not be assigned
nor transferred without prior written approval from the Township.
15.
To protect the street surface or pavement on said projects, all equipment
used by the permittee and/or its contractor shall be approved by the
Township. Such equipment shall have rubber runners or wheels. In the
event that other than rubber equipped machinery is used, the pavement-shall
be protected by the use of heavy rubber or similar matting which shall
be a minimum of four inches wider on each side than the tracks or
wheels of the equipment used.
16.
Information as to the date and character of construction or reconstruction
of the Township street may be obtained by contacting the Township.
17.
If, in the construction work the permittee will be required to use
certain blasting operations in the excavation the permittee agrees
to make, execute and deliver to the Township, a bond or other security
acceptable to the Township in the sum stipulated by the Township with
surety in the form of a surety company, duly registered and authorized
to do business in Pennsylvania, conditioned that the permittee will
save harmless the Township, from any damages whatsoever to its subgrade,
subbase, modified subbase, drainage facilities, any other installations
or matters in, under or upon the street right-of-way for a period
of two years from the date of the completion of the last work covered
by this permit.
[Amended at time of adoption of Code (see Ch. AO)]
18.
Maintenance and protection of traffic for work authorized by this
occupancy permit must be carried out in accordance with the requirements
of the Township, in this connection, the permittee shall provide and
maintain all necessary precautions to prevent injury or damage to
persons and property from operations covered by this permit. A traffic
control plan may be required as directed by the Township.
A.
Warning signs shall be placed beyond each end of the actual operation
in such a manner as to be visible to the traveling public and meet
the requirements of the Township. These signs shall display the name
of the permittee and/or its contractor on the back of the sign. Special
employees shall be assigned by the permittee and/or its contractor
to direct traffic when it becomes necessary to limit it to one way.
Advance permission must be obtained from the Township, or its authorized
representative before directing traffic through one lane. Substantial
barricades with adequate illumination shall be provided and maintained
for any open trench or hole in the street right-of-way in a manner
approved by the Township.
B.
Flagman will be provided as specified and in accordance with the
requirements of PennDOT.
19.
Subsurface Operations.
A.
Any opening or impairment of any nature whatsoever of any improved
surface within the Township right-of-way as authorized by Township
permit of any kind shall be made in accordance with the following
specified provisions.
(1)
Plates or bridging will be required on all openings made within
the improved surface which have a shortest dimension in length or
width of six feet or less whenever work cannot be completed prior
to peak traffic hours within the same day, or in the manner specified
on the permit. The plate or bridging is to be extended a minimum of
18 inches on either side of the opening and tied into the existing
cartway.
(2)
A marker for identification showing the name of the permittee
or a symbol assigned to the permittee shall be placed at each opening
or impairment made for service installations or repairs within the
improved surface of Township streets. It shall be placed at the nearest
edge of the cut closest to the edge of the improved surface and shown
on plans attached to the application.
(3)
The permittee is responsible for all costs and expenses of making
and maintaining temporary or permanent restorations of disturbed areas.
When permanent restoration is made the permittee shall be responsible
for such areas for any subsequent failure of the street surface during
a period of two years following completion of the permanent restoration
work.
20.
No openings for the purpose of placing pipe lines or other structures
under the improved surface of the street by drilling, boring, driving
or tunneling shall be made closer than three feet to the edge of the
street, and trenches for conduits, water, steam, oil, gas pipes, sewers,
and other metal obstructions placed parallel with the street shall
be dug so that the near edge of the trench is at least three feet
outside of the edge of the street with a minimum depth of three feet
below the surface of the street unless the Township shall authorize
in writing a lesser clearance. A greater distance shall be used wherever
practicable.
[Amended at time of adoption of Code (see Ch. AO)]
21.
In case the street is not paved, the trench shall be placed so that
its near edge is at least 15 feet from the general center lines of
the traveled street unless authorized as provided in paragraph (20).
The center line shall be determined by the Township.
22.
The trench for such construction shall not be opened for a distance
of more than 500 feet at any one time, unless especially authorized
by Township. At no time will the permittee be permitted to leave more
than 100 feet of trench open at the end of a working day whenever
utilizing the shoulder of a Township street for the utility.
23.
In case it is necessary to cross under any improved street, the opening
for a pipe line shall be drilled, bored, or driven on a horizontal
plane at a minimum depth of three feet below the surface of the street.
Open cut trenching shall only be permitted by the Township when crossing
by boring, drilling or driven means is not practical or possible or
special approval is granted by the Township.
[Amended at time of adoption of Code (see Ch. AO)]
24.
Where a tile drain or other structure or facility is encountered,
it shall be replaced or restored by the permittee and/or its contractor
in accordance with the prevailing standards of the Township.
25.
The permittee and/or its contractor shall place the top of manholes
so that it shall be slightly lower (1/8 inch) than the elevation of
the street and slope of its shoulder, unless a lower elevation shall
be approved.
[Amended at time of adoption of Code (see Ch. AO)]
26.
All excess excavated material shall be removed and disposed of outside
the legal limits of the street as the work progresses, unless the
approval of the Township is obtained for disposal of the material
within the legal limits of the street. All parts of the street and
various structures disturbed shall be restored to a condition equal
to that which existed before starting the work. Guide rails shall
be replaced to the present alignment and any guide posts discolored
through the work of the permittee and/or its contractor shall be refinished
by washing or repainting.
[Amended at time of adoption of Code (see Ch. AO)]
27.
All openings required to be made in the cartway for the installation,
renewal or repair of a utility including utilities under the control
or owned by a municipality shall be made pursuant to permit, or written
authorization issued to the municipality, by the Township in accordance
with the following requirements on backfilling and pavement replacement
as specified by Township ordinance or minimum State specifications.
[Amended at time of adoption of Code (see Ch. AO)]
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Surface or Overhead Operations
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28.
On streets other than limited access streets, utility poles, guys
and other ground mounted utility appurtenances shall be placed at
least 30 feet from the edge of the traveled roadway where sufficient
right-of-way is available. When sufficient right-of-way is not available
the poles shall be placed as near to the right-of-way as possible.
No poles or other overhead structure shall be placed where they will
obstruct the view of traffic on the street, nor within five feet of
any warning or direction sign, unless specifically permitted in writing.
29.
All wires, except power transmission and supply lines, appurtenances,
or supports attached to poles which cross the street shall be placed
or erected so as to provide a minimum vertical clearance of 18 feet
within right-of-way limits of street. Where power transmission and
supply lines cross over a street in urban and rural areas, vertical
clearance and other requirements of the National Electrical Safety
Code must be complied with. All guys shall be placed so as to avoid
interference with traffic of all kinds on the street, and must present
a neat appearance when installed.
[Amended at time of adoption of Code (see Ch. AO)]
31.
All poles that may be erected shall be numbered and each number together
with the initials of the permittee, shall be plainly designated thereon
by and at the expense of said permittee.
[Ord. 135, 11/21/1978; as amended by Ord. 278, 9/18/1991;
by Ord. 325, 7/3/1996; by Ord. 336, 2/5/1997; and at time of adoption
of Code (see Ch. AO)]
Any person who violates or permits a violation of this Part
shall, upon being found liable therefor in a civil enforcement proceeding
commenced by the Township before a Magisterial District Judge, pay
a fine of not more than $600, plus all court costs, including reasonable
attorneys' fees, incurred by the Township in the enforcement of this
Part. If the defendant neither pays nor timely appeals the judgment,
the Township may enforce the judgment pursuant to the applicable Rules
of Civil Procedure. Each day a violation exists shall 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.
