[HISTORY: Adopted by the Board of Supervisors of the Township
of West Manheim as indicated in article histories. Amendments noted
where applicable.]
[Adopted 12-15-2009 by Ord. No. 11-2009]
This article shall be known as and may be cited as the "West
Manheim Township Roadway Occupancy Ordinance."
No person, firm, corporation, utility, or municipal authority
shall make any tunnel, opening, excavation or work of any kind or
connect any street, roadway, highway, access drive or driveway to
an existing street, within any existing street right-of-way without
first securing a road occupancy permit from West Manheim Township
for each separate undertaking.
A.
In order to obtain a road occupancy permit, an applicant must submit
the following:
(1)
The
application for a permit shall be on a form prescribed by West Manheim
Township and shall be submitted in triplicate.
(2)
The
applicant shall also submit three copies of a sketch, on a form prescribed
by West Manheim Township, showing the location and dimensions of the
intended facility or driveway, the width of the improved roadway,
the right-of-way of the street and the distance to the nearest intersecting
street as well as any other information necessary to determine the
exact location and scope of the proposed work.
(3)
A fee,
payable to West Manheim Township, for the issuance of the permit shall
accompany each application. The fee shall be established by resolution
of the Board of Supervisors of West Manheim Township and shall be
in accordance with the fee schedule established by the Pennsylvania
Department of Transportation for highway occupancy permits
(4)
If
the proposed work will involve the premature excavation/opening of
a road that has been constructed or resurfaced within the last 50
years, a degradation fee shall also be submitted with the application
based on a schedule of fees established by resolution of the Board
of Supervisors which sets forth fees per square yard based on the
number of years the roadway has been constructed or resurfaced.[1]
(5)
At the time of application, in addition to the permit fee, the applicant shall pay to West Manheim Township a fee to cover the cost of inspecting the permitted work upon completion thereto, to ensure compliance with the conditions, restrictions and regulations prescribed by West Manheim Township. The aforesaid fee shall be established by resolution of the Board of Supervisors of West Manheim Township and shall be in accordance with Subsection A(3).
(6)
Present
evidence, if requested by the Township, that all material, labor and/or
equipment necessary to accomplish the work is available to the applicant.
B.
The permittee
does hereby agree, by the filing of an application, to save the Township,
its Board of Supervisors, officers, employees and agents harmless
and to indemnify all, or any of them, from any and all claims, damages,
suits, liabilities and costs which may arise, or be claimed to arise,
by reason of the work, either as authorized or as actually undertaken
by the permittee. The issuance of a permit, or the doing of any work
provided for by this article, shall constitute the agreement, by the
person doing the work, to the provisions of this subsection, irrespective
of whether same is expressed elsewhere.
A.
West Manheim Township shall, within 10 working days following receipt
of a completed application, including all submittals, act on the application
and issue a road occupancy permit if the application conforms to the
requirements of this article. If the application is not in conformance
with this article, West Manheim Township shall, within the same time
frame, deny such permit and notify the applicant of the reasons for
denial.
B.
The Township may, in addition to the conditions set forth herein,
impose such other conditions upon the issuance of the permit as may
be reasonably necessary to protect the health and safety of the public
during the course of the work.
C.
No work shall be commenced by the applicant until the Township has approved the application and the permit has been issued, other than under those exceptions which pertain to § 228-5, Emergency procedures. By the filing of the application for a permit, the applicant agrees that he shall perform the work in accordance with the terms of this article, the permit, as issued, and all applicable laws and regulations pertaining thereto and that he shall be bound, in all respects, by the terms and conditions of this article.
D.
The work for which a permit is issued shall be commenced within 30
days from the date of its issuance. If the work is not commenced by
that date, the permit shall automatically be considered as revoked,
and, thereafter, a new permit for the work will only be issued upon
payment of a new permit fee. The permittee shall notify the Township,
at least 24 hours in advance, as to the date and time when the work
will be commenced.
E.
A permit is not transferable by the permittee to any other person.
F.
A permit shall terminate at the end of the period of the time specified
in the permit or upon completion of the work, whichever occurs first.
If the permittee is unable to complete the work within the time specified
in the permit, he shall, prior to its termination, request an extension
of time from the Township, in writing, which shall include the reason
for the requested extension. If the Township determines that an extension
is necessary, it may grant the permittee such additional time as it
deems appropriate for completion of the work, subject to an extension
fee as set by resolution of the Board of Supervisors.
G.
All permits shall be issued subject to the rights of the Township
and the public to use any roadway that is the subject of the permit,
for all purposes for which such roadway may lawfully be used.
H.
A permit may be revoked by the Township, after written notice to
the permittee, as the result of any one of the following:
(1)
A violation of any condition of the permit.
(2)
A violation of any provision of this article or any other applicable
statute, ordinance or regulation relating to the work.
(3)
The existence of any condition or the doing of any act by the permittee
which constitutes or creates a nuisance or which endangers the safety
or property of the public.
(4)
Written notice of the revocation shall be served upon the permittee
or his agent. The notice shall contain a brief statement of the reason
for the revocation and it shall be effective if delivered either by
personal delivery to the permittee, or his agent, or by mailing same
to the permittee at the address on the application, by placing same
in the United States Postal Service, certified mail, return receipt
requested.
A.
Nothing in this article shall preclude the opening of any roadway
for emergency repairs necessary for the safety of the public or the
restoration or continuance of a public utility or other public service.
B.
Emergency openings shall be permitted without first obtaining a road
occupancy permit.
C.
The person, firm, corporation, utility or municipal authority shall
notify West Manheim Township of any work to be performed or that has
been performed on an emergency basis, and an application for a road
occupancy permit and all applicable fees shall be submitted as herein
prescribed within five working days following the completion of the
emergency work. Thereafter, the provisions of this article shall apply.
To protect the public safety and facilitate restoration of the trench,
emergency openings may be backfilled with Pa. No. 2A crushed aggregate
and compacted. The temporary bituminous surface shall be a minimum
of two inches thick. Final restoration shall occur within 90 days.
A.
Responsibility of permittee.
(1)
The permittee shall be responsible to ensure compliance with all
terms and conditions of the permit by its agents, contractors and
successors.
(2)
A copy of the permit must be posted on the job site or must be in
the possession of the workmen on the job. The permit shall be produced
upon request to any authorized employee of West Manheim Township.
(3)
The permittee shall have the responsibility for complying with the
provisions of Act 287, Act of December 10, 1974, P.L. 852, 73 P.S.
§§ 176 through 182, as amended, regarding notification
of excavation work. Compliance with this article is not compliance
with the provisions of said Act, and West Manheim Township assumes
no liability should the permittee fail to comply with the provisions
of said Act.
(4)
No excavation shall be made, or attempted, if it shall or may interfere
with any utility lines or other underground facilities, unless the
permittee has first secured the permission of the owners of all such
facilities.
(5)
If an underground facility is damaged by the permittee, such damage
shall be repaired and/or restored by the permittee, as necessary and
in accordance with the directions of the owner of the facility.
(6)
No monument of granite, concrete, iron, steel, brass or other lasting
material shall be removed or disturbed, or caused to be removed or
disturbed, without the permittee first obtaining permission, in writing,
from the Township to do so, in which case the permittee shall pay
the Township for all its expenses necessary and incidental to all
replacements of such monuments.
(7)
If, in the opinion of the Township, the work to be undertaken is
such that it will affect any property which abuts or adjoins the area
of the work, the Township may require the permittee to give notice
of the same to the owners and/or tenants of each such affected property.
In the case of disruption to electric, gas, phone, water or cable
services, the permittee will inform the Township Emergency Management
Coordinator and the Township of the expected commencement and length
of such disruption, such notice to be given at a time not earlier
than 48 hours and not later than 24 hours before the disruption begins.
Absent of such notice, no disruption of said services may commence
without approval of the Township.
(8)
All backfilling, as well as all other work, shall be accomplished
by the permittee with due diligence so that no roadway is obstructed
to a greater extent or for a longer period of time than is actually
necessary. If the work is not prosecuted with due diligence or, in
the opinion of the Township, it does not comply with the terms of
this article, the permit or sound engineering practices, the Township
shall so notify the permittee, in writing, and the permittee shall
then be required, within three days from his receipt of such notice,
to proceed to complete the work or correct any deficiency in the work.
If the permittee does not comply with the terms of this notice, the
Township may then proceed against the permittee who has not complied
with all the requirements of this article relative to any prior permits
issued to him, the Township to be the judge of such noncompliance.
(9)
The Township, or designated representative, shall have the right
to inspect all the work and is also authorized to secure such outside
inspection services as may, in its judgment, be necessary in order
to ensure compliance by the permittee with the provisions of this
article and the permit. The permittee shall be responsible for reimbursing
the Township for the reasonable costs of such outside services within
30 days of receiving an invoice for same.
(10)
No permittee shall perform any work beyond that originally authorized
by his permit to an extent greater than 10% in excess of that specified
in the permit, unless such excess work is approved, in advance, by
the Township and the Township is paid any additional fees occasioned
thereby. Upon completion of any additional work that is not covered
by the original permit, the permittee shall file a revised application
with the Township reflecting the scope of same.
B.
Maintaining a structure or facility. As long as the permittee operates
and leaves in place any structure or facility in, upon or along the
right-of-way of a Township highway, the permittee shall maintain and
keep the structures or facilities in good order and repair.
C.
Maintaining traffic.
(1)
Whenever possible, the permittee shall maintain the normal flow of
traffic.
(a)
No excavation in any roadway shall extend beyond the center
line of such roadway until the surface of the initial excavation is
restored to a condition which shall provide safe and convenient access
for pedestrian and vehicular traffic. At no time will the improved
part of a roadway be completely closed to vehicular or pedestrian
traffic, unless such closing is authorized, in advance and in writing,
by the Township.
(b)
At all times while the work is in progress and prior to its
completion, the permittee shall maintain safe crossings for pedestrian
and vehicular traffic at all roadway intersections and, in addition,
safe crossings for pedestrians at intervals of not more than 300 feet.
(c)
Two lanes of traffic shall, where possible, be kept open at
all intersections by the installation of covering steel plates. All
such steel plates shall be firmly secured and, where appropriate,
imbedded in bituminous material so as to withstand the normal flow
of traffic. If the size and character of the excavation makes it impractical
to use steel plates, the permittee shall so advise the Township at
the time the application for the permit is filed and the work shall
not commence until the Township consents to the omission of the steel
plates.
(d)
The permittee shall maintain vehicular access to all private
driveways, except during working hours when construction operations
prohibit such access, the owner of any driveway that is affected shall
be notified of such nonaccess, by the permittee, prior to the commencement
of the specific work. The permittee shall also insure that there is
free access, at all times, to the fire hydrants in the area covered
by the scope of the work.
(2)
The permittee shall, prior to the commencement of and during the
work authorized by the permit, and including work done on an emergency
basis, erect traffic control measures in accordance with the Pennsylvania
Department of Transportation, Publication 213, Work Zone Traffic Control
Guidelines.
(3)
In all locations where normal traffic flow is to be restricted, including
emergency work, it shall be the responsibility of the permittee prior
to the commencement of the work, to notify the Police Department,
York County Control (911) and the school district, in which the work
is being done, of the location, nature, date(s), and hour(s) that
normal traffic flow is anticipated to be restricted.
(4)
The permittee shall notify the above agencies when normal traffic
flow is restored.
D.
Disposition of materials.
(1)
If a permittee shall cause any earth, sand, gravel, rock, stone or
other material to be either deposited upon or caused to roll, flow
or wash onto any roadway and there is thereby created a nuisance or
a danger to the public health and safety, the permittee shall cause
all such material to be promptly removed from the roadway. In the
event any such material is not removed within eight hours after notification
to the permittee by the Township to do so, the Township may then take
all steps necessary to accomplish such removal, the costs of the removal
to be paid to the Township by the permittee.
(2)
The permittee shall be responsible for controlling dust and mud conditions
created by the permitted work.
(3)
As the work progresses, all excess excavated materials and materials
that are not suitable for backfill shall be removed and properly disposed
of by the permittee.
(4)
All materials suitable for backfill shall be placed or stored on
the side of the operation away from traffic, unless otherwise authorized
by West Manheim Township, and shall be stored in a manner so as not
to interfere with the flow of water in any gutter, drain, pipe, culvert,
ditch or waterway. The stored material shall not interfere with the
flow of pedestrian traffic.
E.
Method of construction.
(1)
Lateral utility crossing from edge of cartway to edge of cartway
on roadways that have been constructed or resurfaced within the last
five years.
(a)
Boring.
[1]
When crossing under any improved area, the opening for a utility
facility shall be drilled, bored, driven or tunneled on a horizontal
plane at a minimum depth of three feet from the surface of the highway,
including its swale ditches, to the top of the opening.
[2]
No boring or receiving pit 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, justified by conditions,
authorizes a lesser clearance.
[3]
Facilities and other structures crossing 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
affect future maintenance or replacement.
(b)
Open-cut trenching across improved area. Trenching across improved
area shall consist of the following:
[1]
No open-cut trenching shall be permitted across the improved
area, unless authorized by the permit.
[2]
Open-cut 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 is a very congested urban area that makes
the construction of tunneling, boring or receiving pits impossible.
(2)
Lateral utility crossing from edge of cartway to edge of cartway
on roadways that have not been constructed or resurfaced within the
last five years or crossing from facilities located within the cartway.
Open trenching may be permitted when authorized by the permit.
(3)
Open-cut trenches parallel to the cartway.
(a)
Open-cut trenches for utility facilities and other structures
shall be made so that the near edge of the trench is at least three
feet away from the edge of the roadway, unless the permit authorizes
a lesser distance, with a minimum depth of three feet from the surface
of the roadway or invert of the drainage swale to the top of the facility.
(b)
No more than 200 feet, measured longitudinally, of any roadway
shall be opened in any roadway until such time as the previously opened
surface of the roadway is restored to a safe and convenient condition
for vehicular or pedestrian traffic unless such opening is authorized,
in writing, by the Township.
(c)
Open-cut trenches within 18 feet of the center line of the existing
cartway on streets and roads with a fifty-foot right-of-way and within
14 feet of the center line of the existing cartway on streets and
roads with a thirty-three-foot right-of-way shall meet the following
requirements:
(d)
When the trench is within the area described in this subsection and not within an improved cartway but within the shoulder area, the shoulder shall be replaced in-kind. The bedding, backfill and compaction requirements, defined in Subsection E(4) and (5), are required for a trench within the shoulder area.
(e)
When the trench is outside the area described in this subsection
and not within an improved cartway or shoulder, it can be backfilled
with suitable backfill in eight-inch lifts, topsoiled and seeded.
(4)
Concrete pavement replacement.
(a)
A concrete saw shall be used for all concrete pavement cuts.
(b)
Existing pavement, which is removed in the course of the work,
shall be removed for a distance of at least one foot beyond the outer
limits of the excavation, so that a firm base of undisturbed subgrade
shall underlie the perimeter of the replacement pavement.
(c)
For utility trenches. The opening shall be backfilled with material
suitable for insulation to a height not to exceed one foot over the
top of the facility, compacted in not more than four-inch lifts.
(d)
The excavation shall be backfilled using PennDOT No. 2A coarse
aggregate, placed in level, twelve-inch thick layers (loose measure)
that is then compacted to a firm condition using appropriate mechanical
compacting equipment. A firm condition is described as that compacted
material density where additional application of compaction equipment
does not result in further settlement of the backfill material.
(e)
No subgrade shall be covered until it has been inspected and
approved by the Township or its designated representative.
(f)
Where subgrade disturbance is contained within an individual
slab, the entire slab shall be replaced from joint to joint and center
line to edge of pavement (including curb) except in the following
cases:
[1]
The maximum width of a replacement section need not be greater
than twice the distance from the center line of the roadway to the
edge of pavement except where the existing pavement beyond the replacement
section is severely cracked and deteriorated. The required limits
of replacement pavement shall be determined by the Township.
[2]
Where the pavement surrounding an excavation is not cracked
or otherwise deteriorated, the Township may approve a minimum width
of replacement from the center line of the roadway to the edge of
pavement.
(g)
Concrete pavement patches shall be joined to existing pavements
using 1.25-inch diameter dowel bars, 18 inches long (nine-inch embedment
each side), placed 12 inches center-to-center in joints that are transverse
to the center line, and 24 inches center-to-center in joints along
the center line.
(h)
Replaced pavement construction joints shall be either Type D
or Type G and expansion joints shall be Type E as shown on Sheet 1
of 4, Drawing RC-20, PennDOT Publication No. 72.
(i)
Concrete used for replacement pavement shall conform to the
requirements for Type AA as specified in Section 704 of PennDOT Publication
408. The plastic concrete shall have a minimum air entrainment between
6.0% and 7.5%.
(5)
Bituminous concrete (asphalt) pavement replacement.
(a)
Asphalt paving shall be scored or otherwise cut in a straight
line.
(b)
Existing pavement, which is removed in the course of the work,
shall be removed for a distance of at least one foot beyond the outer
limits of the excavation, so that a firm base of undisturbed subgrade
shall underlie the perimeter of the replacement pavement.
(c)
For utility trenches, the opening shall be backfilled with material
suitable for insulation to a height not to exceed one foot over the
top of the facility, compacted in not more than four-inch lifts.
(d)
The excavation shall be backfilled using PennDOT No. 2A coarse
aggregate, placed in level, twelve-inch thick layers (loose measure)
which are then compacted to a firm condition using appropriate mechanical
compacting equipment. A "firm condition" is described as that compacted
material density where additional application of compaction equipment
does not result in further settlement of the backfill material.
(e)
No subgrade shall be covered until it has been inspected and
approved by the Township or its designated representative.
(f)
Following placement and compaction of the PA No. 2A crushed
stone aggregate and cutback operation, a three-inch thick 25 mm Superpave
Base Course, two-inch thick 19mm Superpave Binder Course, and a one-and-one-half-inch
thick 9.5mm Superpave Wearing Course shall be constructed.
(g)
All bituminous pavement joints shall be sealed with PG 64-22,
six inches in width.
Permits will not be issued to install aboveground facilities
which:
A.
West Manheim
Township determines to be hazardous or potentially hazardous to the
general public.
B.
Interferes
with the clear sight vision of motorists at intersecting highways,
roads or entering driveways and access drives.
C.
Fall within
the proposed construction area of either road widening or curb construction.
A.
Driveways
entering upon any Pennsylvania State highway shall not be constructed
unless and until a highway occupancy permit has been issued for same
by the Pennsylvania Department of Transportation. Said highway occupancy
permit shall be provided to the Township at the time of making application
for the West Manheim Township road occupancy permit.
C.
Driveways
entering upon any public street or highway within the Township shall
be so constructed as to provide for the proper drainage along the
shoulder or curbline of said street or highway and shall be so located
as to afford an unobstructed view of the traffic thereon.
D.
Concrete
paving for driveway surfaces shall not extend beyond the gutter line
or outside edge of the shoulder, and the area between the gutter line
or shoulder and the street paving shall be paved with a bituminous
macadam pavement. In general, the surface of the driveway at the curbline
shall be four inches below the established elevation of the street
or highway center line, and shall conform to the established grade
of the street or highway gutter to provide proper drainage. The use
of culverts to carry gutter drainage under driveway entrances will
not be permitted, except upon approval by the Public Works Supervisor.
A.
Within
five working days of completion of the permitted work, the permittee
shall give written notice thereof to West Manheim Township.
B.
Upon receipt
of the written notice of completion, West Manheim Township shall inspect
the work and, where necessary, enforce compliance with the conditions,
restrictions and regulations imposed by West Manheim Township.
C.
West Manheim
Township shall reinspect the work periodically after completion of
the project and all required restoration work.
D.
Should
settlement of a restored area of the work occur within a period of
one year from the date of completion of the permanent restoration
by the permittee, such settlement shall be considered conclusive evidence
of defective work, and the Township may then take all action necessary
to correct the condition, the cost of such corrective action to be
paid by the permittee.
E.
The Township
shall not, in any way, be responsible for any part of the work which
is either omitted or improperly done by the permittee, and no officer
or employee of the Township is authorized to assume any jurisdiction
of or responsibility for such part of the work, except when same becomes
necessary in the exercise of the police power of the Township in order
to protect the public health and safety.
F.
Prior to
the next scheduled resurfacing of the street, should any settlement
of the road surface or other defect appear in the work, contrary to
the conditions, restrictions and regulations imposed by West Manheim
Township, the permittee shall be notified of such defect or defects,
in writing, by West Manheim Township.
G.
All repairs
of any defect shall be completed by the permittee within 60 days from
notification by West Manheim Township.
H.
Should
the permittee fail to make repairs within 60 days from such notification,
the Township may proceed to correct such unsatisfactory work, all
costs thereby incurred by the Township, including an additional 20%
of such costs, to be billed to and promptly paid by the permittee.
I.
Should
any defect or road settlement be determined by West Manheim Township
to be hazardous to the health, safety or welfare of the general public,
the permittee shall immediately make temporary repairs, install warning
devices or take other appropriate measures to protect the general
public.
J.
Upon the
failure of the permittee to act expeditiously to address any hazards
as identified by West Manheim Township, the Township may take the
steps it deems necessary to protect the health, safety and welfare
of the general public.
K.
Should
West Manheim Township be required to take such measures, all costs
thereby incurred by the Township, including an additional 20% of such
costs, will be billed to and promptly paid by the permittee.
A.
The provisions
of this article shall be enforced by the Police Department serving
West Manheim Township and by the West Manheim Township Public Works
Director, Code Enforcement Officer or Zoning Officer, or other appropriate
officer or officers of West Manheim Township.[1]
B.
Any person,
firm or corporation who shall violate any provision of this article,
upon conviction thereof in an action brought before a Magisterial
District Judge in the manner provided for the enforcement of summary
offenses under the Pennsylvania Rules of Criminal Procedure, shall
be sentenced to pay a fine of not more than $1,000, plus costs, and,
in default of payment of said fine and costs, to a term of imprisonment
not to exceed 90 days. Each day that a violation of this article continues
or each section of this article which shall be found to have been
violated shall constitute a separate offense.
