[Adopted 7-25-1983 by Ord. No. 286; amended in its entirety 2-27-2012 by Ord. No.
746 (Ch. 21, Part 2, of the 1981 Code of Ordinances)]
For the purposes of this article, the following terms shall
have the meanings set forth below:
To send traffic by a circuitous route around a portion of
a roadway that has been closed in accordance with PennDOT Publication
213, Work Zone Traffic Control.
A situation or event such as breakage of a utility line,
which presents an imminent hazard to the public health, safety and
welfare. Not included in this definition are the routine placement
or replacements of service facilities which are being constructed
or replaced as part of normal expansion or routine maintenance activities.
An organization providing a service under the authority of
a franchise granted by Peters Township.
The Township's authorized representative assigned to
inspect permit operations.
This may be done by normal mail, registered letter or personally
delivered written notice.
Security submitted to the Township which guarantees that
all work required as part of an approved permit will be satisfactorily
completed. An acceptable security at the option of the Township can
be a letter of credit, certified check or escrow agreement with institutions
authorized to provide such securities in Pennsylvania. Said security
must be made payable to Peters Township.
Drawings which show the location, character and dimensions
of the proposed occupancy and related highway features, including
layouts, profiles, cross sections and other details.
Any street, avenue, boulevard, road, right-of-way, lane,
alley, court or walkway used or intended for use by vehicular or pedestrian
traffic which has been dedicated to and accepted for public purposes
by Peters Township, provided however, that this term shall not include
streets, roads, highways, walkways, or rights-of-way owned maintained
or under control of other governmental agencies, or any privately
owned streets.
A business or service which is engaged in regularly supplying
the public with some commodity or service which is of public consequence
and need, such as electricity, gas, water, communications.
Construction details and specifications for improvements
contained in the Code of Township Ordinances, latest revision.
To perform work which utilizes equipment that tunnels or
bores beneath the cartway, sidewalk driveway, driveway apron or other
areas of the Township road or right-of-way. Not included and not permitted
for use in tunneling unless specifically authorized is use of pneumatic
mole.
It is in the public interest to regulate the location and construction
of utility facilities and other structures within public road rights-of-way
for the purpose of insuring the structural integrity of the roadway,
economy of maintenance, preservation of proper drainage and safe and
convenient passage of traffic.
It shall be unlawful to open, cut, trench, bore or dig in any
public street or right-of-way without having first obtained a permit
in accordance with the provisions of this article, and that all work
performed which relates to such activities shall be performed in compliance
with the provisions hereof; provided, however, that nothing contained
in this section shall prevent a public utility from making cuts or
openings in public streets or public easements in emergency situations
threatening the health or safety of any person, and, in such case,
said permit shall be secured as soon as practicable after the repair
necessitated by the emergency has commenced.
A.
General rule. Except as provided in Subsection A(1) through (3), below, no work may be performed within the right-of-way involving the placing of utility facilities or other structures or opening of the surface without first obtaining a permit from the Township.
(1)
Emergency situations or emergency repairs of utility facilities threatening
the health or safety of any person may be performed initially without
a permit. In such case, said permit shall be secured as soon as practicable
after the repair necessitated by the emergency has commenced.
(2)
A permit application is not required for modifying parts of existing
permitted facilities, such as cable within conduit, crossarms or transformers
on poles, if no surface opening is required.
(3)
Permit applications are not required for accessing an existing utility
facility through a manhole.
B.
Who may execute applications.
(1)
If a corporation, authority, political subdivision or other person
in the business of providing utility service owns, operates or intends
to operate the facility, the application shall be submitted in the
name of, and executed by the party. An application may not be submitted
in the name of contractors of the owner or operator, nor in the name
of persons only being serviced by the facility.
(2)
In the case of a facility owner who is not in the business of providing
utility service, such as a developer whose land is located outside
a utility's service jurisdiction, the application shall be submitted
in the name of, and executed by, the owner of the facility at the
time of construction. The applicant shall indemnify and hold harmless
the Township from claims by anyone claiming residual property interests
in the permitted area.
(a)
An applicant under this subsection shall provide satisfactory
evidence to the Township of ability to completely discharge construction,
maintenance and financial duties imposed by this chapter. An applicant
shall provide satisfactory evidence that the proposed facility will
not be inconsistent with the structural integrity of the right-of-way,
the Township's maintenance responsibilities, or the safe and
convenient passage of traffic. The Township may require security,
including, but not limited to:
[1]
Executing indemnity agreements satisfactory to the Township.
[2]
Obtaining insurance in a form and amount acceptable to the Township.
[3]
Posting financial security in a form and amount acceptable to
the Township to guarantee restoration of the permitted area in a manner
satisfactory to the Township to warrant against defects for a period
of at least two years after the acknowledged completion of the permitted
work.
[4]
The use of bonded contractors as well as consultants and engineers
having professional liability insurance.
(b)
An applicant under this subsection shall submit a detailed traffic
control plan for permitted work.
(c)
An applicant under this subsection is not authorized to place
a facility longitudinally within the pavement, nor in the shoulder
unless the applicant provides detailed plans which verify there is
no feasible space outside the shoulder for placing the facility.
(d)
If, subsequent to completion of the permitted work authorized
under this subsection, a corporation, authority, political subdivision
or other person in the business of providing utility service assumes
operation and maintenance of the facility, the Township, under proper
application by the applicant and the provider of the utility service,
may approve the assignment or transfer of the permit to the provider
of the utility service. The applicant will not be released from the
construction, maintenance and financial duties imposed under this
section until the Township has approved the transfer or assignment
of the permit.
C.
Where to submit application. The applicant shall submit a completed
application and coordinate his activities with the Peters Township
Public Works Department.
D.
Required application information. A permit application:
(1)
Shall be submitted in person or by mail on a properly completed street
opening/right-of-way excavation permit application form issued by
the Township.
(2)
Shall be signed by the applicant.
(3)
Shall include at least three sets of plans, detailing the location
and pertinent horizontal and vertical dimensions of the opening, the
proposed utility installation and related highway features, including
specific highway location, center line, edges of pavement, outside
edges of shoulders, curbing, guide rail, highway drainage structures
and right-of-way lines. Color-coded plans are not acceptable because
the notations are not distinguishable on photocopies.
(4)
Shall be accompanied by a check or money order, payable to the Township,
in the appropriate amount, as set forth in this article.
(5)
Shall be submitted to the Township at least 30 days prior to the
anticipated start of work. If the permitted work will be performed
for the permittee by a contractor, the application shall, if possible,
be submitted to the Township at least 60 days prior to soliciting
bids for the permitted work so that the permittee may notify bidders
of permit requirements.
(6)
Shall identify consulting engineers performing work related to the
application. The consulting engineer shall also sign the application,
if applicable.
E.
Plans for occupancy of the pavement. A permit application for occupancy of the pavement or shoulder shall include detailed plans which, in addition to Subsection D, comply with the following:
(1)
Plans depicting installation or replacement of a facility involving
more than 100 linear feet of pavement or shoulder opening shall show
the location, character and dimensions of the proposed occupancy and
related highway features, shall have a horizontal scale of one inch
equal to no more than 50 feet, shall identify utility facilities and
other structures within the right-of-way that will be affected by
the proposed occupancy, shall include typical cross sections, shall
specify dimensions from the near edge of pavement.
(2)
Plans depicting installation of a facility longitudinally within
more than 100 linear feet of pavement or shoulder, or both, shall
verify there is no feasible space outside the pavement or shoulder
available for placing the facility.
F.
Traffic control plan. A traffic control/detour plan shall be submitted
with the application in the following manner:
(1)
With the exception of emergency work performed under the authority
of this article, the applicant shall submit a traffic control plan
for Township approval whenever it will be necessary to close a portion
of a travel lane during hours of darkness without work in active progress;
or whenever it will be necessary to completely close a roadway to
perform the permitted work.
(2)
The Township may require an applicant to submit a traffic control
plan under other special circumstances.
(3)
A traffic control plan shall comply with PennDOT Publication Chapter
213, Work Zone Traffic Control, and shall clearly indicate the work
area, proposed signs, cones, flaggers, detours (if applicable) and
any other traffic control devices necessary. The plan must clearly
show how vehicular and pedestrian traffic will be protected, maintained
and controlled.
(4)
A traffic control plan shall consist of one of the following:
(a)
A reference to specific figures in Publication 213 if the referenced
figures properly depict actual site conditions and address the necessary
traffic control.
(b)
Two copies of specific figures from Publication 213 which have
been modified to depict actual site conditions and the necessary traffic
control requirements for the specific project.
(c)
Two copies of a detailed drawing, showing actual site conditions
and the necessary traffic control requirements for the specific project.
A.
Permit application fees. Application fees charged to defray costs
incurred by the Township in reviewing and processing the application
and plans, including the preliminary review of the site location identified
in the application, whether or not a permit is issued and processed,
shall be as set by the Township Council by resolution.[1]
B.
General permit inspection fees. General inspection fees charged to
defray costs incurred by the Township in spot inspections of permitted
work or subsequent inspections after the permitted work has been completed
and to monitor compliance with the permit and this article shall be
as set by Township Council by resolution.[2]
C.
Additional fees. The Township reserves the right to have a full-
or part-time third-party inspector present with the cost being borne
by the applicant. If the Township anticipates that the cost of inspecting
the permitted work will exceed the inspection fees listed in this
section by a significant amount, the following additional fees will
be assessed:
(1)
Additional inspection fees. If the Township determines that the permitted
work is of sufficient magnitude or importance to warrant assignment
of one or more persons to inspect the permitted work on a more than
spot-inspection basis, the permit will so indicate and the permittee
shall be charged for additional salary, overhead and expenses incurred
by the Township for inspection. Inspection costs will be estimated
at an hourly rate at the time of permit issuance. The applicant will
then establish an inspection escrow account with the Township by way
of certified check. Third-party inspection charges to the Township
will be paid for from this escrow account. All expenditures which
exceed this amount will be paid by the applicant. Any balance remaining
will be refunded to the applicant.
(2)
Invoices. The Township will provide an itemized invoice for third-party
inspection services charged to the Township within 30 days upon request.
A.
General rule. Upon approval of an application submitted under this
chapter, a permit will be issued by the Township, subject to this
chapter and the conditions contained in the permit and its attachments
and supplements. The permit shall be the applicant's authority
to proceed with the work specified in the permit. A copy of the permit
and relevant plans shall be available at the work site for review.
B.
Financial security.
(1)
Performance security. No permit shall be issued until the applicant
shall have first furnished the Township with financial security for
the proper restoration of the work authorized by such permit in the
amount of not less than $1,000, specific amount to be determined by
the Township Engineer prior to permit issuance. In lieu of providing
security with each application, an applicant may post with the Township
a performance security of $10,000; the validity of such security shall
be reviewed annually at the beginning of each calendar year. In cases
of anticipated projects of unusual magnitude, the Township may require
security in excess of $10,000 as a condition of permit issuance. Bonding
and permit fees for franchised organizations shall be governed by
their franchise agreement, but are subject to all other requirements
of this article.
(2)
Maintenance security. Prior to the release of performance security
by the Township, financial security in an amount equal to 50% of the
performance security shall be delivered to the Township in a form
and amount acceptable to the Township to guarantee the integrity of
the restoration work for a period of two years after the acknowledged
completion of the permitted work. If the security is executed by a
company registered and authorized to do the business in this commonwealth,
the following documents are acceptable forms of security:
C.
Permit issued only to applicant. A permit will only be issued to the applicant as described in § 376-28.
D.
Permit supplements. The permittee may request, in writing, a supplement
to the permit to amend a permit condition, such as revising the traffic
control plan or extending the permit expiration date. A permit is
valid for a specific period as stated on the permit, subject to the
following conditions:
(1)
If the permittee has not completed authorized work by the completion
date specified on the permit, an application shall be submitted requesting
a time extension on the permit.
(2)
If approved, a supplement to the permit authorizing a new completion
date will be issued by the Township.
(3)
No extension of the permit will be authorized unless the permittee
obtains an extension on the duration of a bond, insurance or other
security required under this chapter, which extension of the bond,
insurance or other security corresponds with the permit time extension.
The permittee shall provide evidence of the extension to the Township.
(4)
No work may be performed on an expired permit until a time extension
supplement or new permit is obtained.
(5)
No time extension supplement will be issued for a request received
more than 30 days after the expiration of the permit. In that case,
an application for a new permit may be submitted to the Township.
E.
Work completion notification. When permitted work has been completed,
the permittee shall notify the Township in writing.
F.
Photographic documentation. At least 15 days prior to opening more
than 500 linear feet of pavement or shoulder, or both, the permittee
shall deliver photo-documentation to the Township verifying the preconstruction
condition of the pavement and shoulder surfaces in accordance with
the following:
(1)
The pavement and shoulder that will be disturbed shall be photo-documented
in its entirety with color videotape or color film. Digital photos
in .jpeg format are acceptable.
(2)
In lieu of videotape, each photo must be arranged to verify the surface
condition of each successive 25 linear feet of pavement and shoulder
that will be disturbed.
(3)
If photo-documented pavement and shoulder surface conditions or locations
are not discernible, complete or otherwise acceptable, the Township
will either return the photo-documentation to the permittee for resubmission
or the district office will create its own photo-documentation record
and shall be reimbursed for the costs by the permittee within 30 days
after receipt of the Township's invoice.
(4)
The date of photo-documentation shall be identified on each print.
(5)
Photo-documentation of longitudinal openings less than 500 linear
feet in pavements or shoulders is recommended to avoid responsibility
for preexisting highway conditions.
Emergency repairs involving the placing of facilities or opening
of the surface within the right-of-way may be performed prior to obtaining
a permit if the following procedure is followed:
A.
Prior to opening the surface or placing utility facilities within
the right-of-way, the utility facility owner or operator shall promptly
notify the Township Public Works Department and Township Police by
telephone, when the necessity for an emergency repair occurs.
B.
A permit shall be applied for within five days to confirm and set
forth, in detail, any work performed.
C.
Work performed under authority of an emergency permit shall conform
to this article.
The following conditions apply to permits issued under this
article:
A.
Scope of permit. The permit is binding upon the permittee, its agents,
contractors, successors and assigns.
(1)
The permittee is responsible for causing compliance with the terms
and conditions of the permit by its employees, agents and contractors.
(2)
The permit shall be located at the work site and be available for
inspection by a police officer or representative of the Township.
(3)
The permit shall be maintained by the permittee as a permanent record
and remain in effect, subject to the permit conditions and this chapter,
as long as the permittee's facilities authorized by the permit
occupy the right-of-way.
(4)
Responsibility for compliance with the terms of the permit may not
be assigned or transferred by the permittee without first obtaining
approval from the Township. If a permit is assigned or transferred
without first obtaining approval from the Township, the assignment
or transfer is void. The permit assigned or transferred also becomes
void. A facility installed under the authority of the permit shall
be subject to removal at the expense of the applicant to which the
permit was issued or its assignees, or both.
(5)
The permittee is liable to the Township for failure to comply with
the permit and this chapter. The liability of the permittee to the
Township does not preclude the permittee or the Township from bringing
an action against the permittee's contractor, subcontractor,
engineer, architect, assignee, agent, workers, employees or other
persons.
B.
Work to conform to Township standards. Work shall conform to Township
standards, including the following:
(1)
The work shall be done at a time and in a manner consistent with
the safety of the public and conform to requirements and standards
and details of the Township.
(2)
If it is found by the Township that the work is not being done or
has not been properly performed, the permittee shall promptly take
the necessary steps, at its own expense, to place the work in condition
to conform to the requirements or standards.
(3)
If a dispute arises between the permittee and the Township's
inspector or representative, the Township's inspector or representative
has the authority to suspend work until the question at issue may
be referred to and decided by the Township administration or public
works departments.
C.
Permittee responsibilities. Permittee responsibilities include the
following:
(1)
The permittee shall pay the costs and expenses incident to or arising
from the project, including the prescribed application fees, inspection
fees, and financial security for the project, the cost of making and
maintaining temporary restoration of the disturbed areas and making
permanent restoration. If inspection costs exceed the amount placed
in escrow at the time of permit issuance, the permittee shall reimburse
the Township for inspection costs which the Township deems necessary
to incur within 30 days after receipt of the Township's invoice.
(2)
In the event of failure or neglect by the permittee to perform and
comply with the permit or this chapter, the Township may immediately
revoke and annul the permit and order and direct the permittee to
remove structures, equipment or property belonging to the permittee
or its contractors, or both, from the legal limits of the right-of-way
and to restore the right-of-way to its former condition.
(3)
At the end of a workday, an opening in the right-of-way shall be covered, backfilled or protected under § 376-33 (relating to special conditions; subsurface operations). If work is stopped on a project, other than at the end of a normal workday, the permittee shall promptly backfill the opening and restore the surface, and work may not be resumed until the permittee is prepared to proceed with the work to its completion. If the permittee fails to backfill the opening or proceed until completion of the work, the Township reserves the right to do the work upon notice to the permittee, where practicable, 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 another purpose, fails to restore a portion
of the right-of-way to conform with this chapter, the Township reserves
the right to do the work upon notice to the permittee, if practicable,
and the permittee shall reimburse the Township for the costs within
30 days after receipt of the Township's invoice.
(5)
If backfill or restoration work will be performed for the permittee
by a contractor, the permittee shall identify to the Township both
its contractor and its inspector-in-charge who shall be assigned to
monitor backfill and restoration work performed within the improved
area. The permittee's inspector-in-charge, as well as the permittee,
is responsible for ensuring work is performed in compliance with the
permit, this chapter and Township standards.
(6)
Resident notification. The permittee shall notify all affected residents
in or adjacent to the work area by United States Mail or hand-delivered
notice apprising them of the nature of the work, schedule and any
pertinent details such as detours, traffic restrictions, service interruptions,
etc.
(7)
Preconstruction conference. The permittee shall notify the Township
at least two weeks prior to the anticipated start of work. Then, a
preconstruction meeting will be held at the Township with the permittee
and his contractor to review permit conditions, details, schedule,
traffic control, detours, contact information etc. A permitted start
date will be determined by the Township at the meeting.
D.
Altering drainage prohibited. Altering drainage shall be prohibited
by the following conditions:
E.
Equipment damaging roadway. A roadway shall be protected in accordance
with the following:
(1)
To protect the pavement and shoulders, equipment shall have rubber
wheels or runners and have rubber, wood or similar protective pads
between the outriggers and the surface unless otherwise authorized
by the permit.
(2)
If other than rubber-equipped machinery or equipment is used, the
pavement and shoulders shall be protected from equipment damage by
the use of matting or other suitable protective material, unless the
permittee requests, in writing, a waiver from the use of protective
material, thereby acknowledging its obligation and commitment to repair
or reconstruct the pavement and shoulder, if damaged, to its former
condition.
(3)
If the equipment damages the pavement or shoulders, the permittee
shall restore the damaged pavement or shoulder, or both, to its former
condition, in a manner authorized by the Township.
F.
Work zone traffic control. Maintenance and protection of traffic
shall be carried out by the permittee in accordance with PennDOT Publication
213, Work Zone Traffic Control (relating to erection of traffic-control
devices while working), and the approved traffic control plan submitted
with the permit application.
G.
Roadways under construction. No permit application will be approved
for occupancy of a section of right-of-way within which a roadway
construction, resurfacing, or reconstruction project is underway.
Also, no permit will be approved if a contract for such a project
has been let, until the project is completed and accepted by the Township.
This subsection does not apply:
(1)
To an emergency. In an emergency, the permittee shall procure the consent of the Township to do the work as deemed necessary to correct the existing emergency condition under § 376-31 (relating to emergency work).
(2)
If the permittee has been authorized by the Township to relocate
or adjust its facilities simultaneously with roadway construction.
H.
Indemnification and insurance.
(1)
The permittee shall fully indemnify and save harmless and, if requested,
defend the Township, its officers, agents and employees, of and from
liability for damages or injury to persons or property in a claim
or suit seeking to impose liability on the Township, its officers,
agents or employees, arising out of an act or omission of a contractor,
agent, servant, employee or person engaged or employed in, about or
upon the work, by, at the instance of or with the approval or consent
of the permittee, including a failure of the permittee or a person
to comply with the permit or this chapter.
(2)
The permittee shall have the Township added as an additional insured to its or its contractor's insurance policy to secure the permittee's indemnification of the Township for property damage and personal injury under this subsection. The coverage of the Township as an additional insured shall be limited to the acts or omissions of the permittee or its contractor, as described in Subsection H(1). The amount of insurance shall be at least $250,000 per person and at least $1,000,000 per occurrence. The policy shall be of a duration satisfactory to the Township.
(3)
Prior to permit issuance, the permittee shall deliver to the Township certificates of insurance evidencing that the coverage required under Subsection H(2) has been obtained. The Township may accept a formalized plan of self-insurance as a substitute for the insurance described in this subsection.
I.
Maintaining structure or facility. As long as the permittee operates
and leaves in place structures or facilities, in, upon or along the
right-of-way, the permittee shall maintain and keep them in good order
and repair.
J.
Damaged structure or facility to be repaired. If a structure or facility
becomes damaged, the permittee shall promptly have it removed, repaired
or otherwise made safe. The permittee is responsible for repair or
restoration of the portion of the highway damaged by a structure or
facility in accordance with this article.
K.
Damage to roadway and rectification of defects. Responsibility of
the permittee for restoration of the roadway and rectification of
any defective work includes the following:
(1)
If there is a failure of the roadway, including a slope or other
appurtenance thereto, in the area of the permitted work within two
years after the acknowledged completion of the permitted work and
there is no similar failure of the highway beyond the area of the
permitted work, the permittee has absolute responsibility to make
temporary and permanent restoration of this area unless the permittee
delivers clear and convincing evidence to the district office demonstrating
that the highway failure was caused by another person.
(2)
All restoration work involving any public street shall be performed
in accordance with current Township standards. When notice requiring
repair or maintenance is given by the Township concerning permit work,
and the applicant shall fail or neglect to make repairs within 14
calendar days of such notice, such action shall constitute grounds
for the Township to use available cash securities to perform such
work. Further, this shall constitute a violation of this article.
(3)
The obtaining of a bond, other security or an agreement described in § 376-30B to secure restoration costs does not relieve the permittee of the restoration obligations imposed by Subsection K(1) and (2), nor does it relieve the permittee of its obligations under Subsection H. The obtaining of a bond, other security or an agreement will not act as a release of the permittee from liability under principles of tort law with respect to a failure of the highway in the permitted area occurring after the expiration of the bond, other security or agreement.
L.
Future roadway changes. If in the future the roadway is altered for
public convenience or necessity, the permittee shall at its own cost
and expense, change or relocate all or a part of the structures or
facilities authorized by the permit which interfere with the roadway
alterations or which is inconsistent with the purpose of the roadway
alterations.
M.
Acknowledgment by inspector. Acknowledgment, by the inspector of
the Township that all or part of the permitted work has been completed,
does not constitute approval or acceptance of the work or agreement
that the work was performed in accordance with the permit. Acknowledgment
of completion by the inspector will not act as a release of the permittee
or waiver by the Township of its right to seek performance or restitution
from the permittee.
A.
Drilling, boring, driving or tunneling across improved area. Drilling,
boring, driving or tunneling across improved areas shall comply with
the following conditions:
(1)
When crossing under an improved area, the opening for a utility facility
shall be drilled, bored, driven or tunneled a minimum depth of three
feet from the surface to the top of the opening.
(a)
If the facility or its casing is 30 inches or greater in diameter,
the bored cylindrical space surrounding either an uncased facility
or a facility casing shall be filled with grout, in a manner authorized
by the Township.
(b)
Jet or other nonmechanical boring methods are prohibited. Water
may be used under low pressure only to cool the drill bit and to facilitate
removal of cuttings from the bore opening, if retrievable liquid is
immediately removed from the boring pit. Not included and not permitted
for use in tunneling, unless specifically authorized, is use of a
pneumatic mole.
(2)
No openings for the purpose of placing utility facilities or other
structures under the improved area by drilling, boring, driving or
tunneling may be made closer than three feet to the edge of the shoulder
or pavement, unless the permit authorizes a lesser clearance.
(3)
A facility or other structure crossing under the improved area shall
be constructed 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.
(4)
Prior to permit approval, the applicant must demonstrate to the satisfaction
of the Township that the crew and foreman who will perform the work
have been properly trained by the equipment manufacturer on proper
use of the equipment and that the crew is educated in horizontal directional
drilling good practices and guidelines.
B.
Trenching across improved area. Trenching across an improved area
may be performed only when specifically authorized by the permit,
in accordance with the following:
(1)
The top of every utility facility shall be installed at least three
feet beneath the surface.
(2)
The permit may authorize the placement at depths less than three
feet for traffic signal detectors or other facilities which are not
capable of operating more than three feet below the surface.
(3)
Trenching across the improved area may be authorized by the permit
where drilling, boring, driving or tunneling are:
(a)
Not feasible because:
[1]
The subsurface is solid rock, as documented with satisfactory
evidence such as drill records, or where boring was attempted without
success.
[2]
There are other facilities located longitudinally under the
improved area and their location precludes methods other than trenching,
as documented with a detailed plan.
[3]
Adjacent development in a very congested urban area makes the
construction of a tunneling or boring shaft impossible.
(4)
When trenching is authorized by the permit, the trenching operation
shall be performed by one of the following 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.
[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.
(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.
[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 the provisions of this section.
(5)
The permittee shall protect its openings to provide for the safety
of the traveling public, including motorists, bicyclists and pedestrians.
C.
Openings parallel to the highway. Requirements for openings parallel
to the highway are as follows:
(1)
A new utility facility shall be placed outside the pavement and shoulder
unless there is no feasible space outside the pavement and shoulder
for placing the facility, in which case occupancy within the pavement
or shoulder may be authorized by the permit.
(2)
The top of a utility facility shall be installed at least three feet
beneath the surface.
(3)
No opening may be made for more than 250 linear feet at one time,
unless authorized by the permit.
(4)
The permittee shall protect its openings to provide for the safety
of the traveling public, including motorists, bicyclists and pedestrians.
D.
Daily stoppage of work requirements. Daily stoppage of work requirements
include the following:
(1)
Except for emergency repairs of utility facilities, work within the
pavement or shoulder shall be stopped prior to peak traffic hours
that may exist on a particular roadway on a particular day if specified
in the permit.
(2)
At the end of each workday, an opening in the right-of-way shall
be one of the following:
(a)
Covered with steel plates or bridging over openings which are
less than six feet in either length or width. 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.
(3)
The permittee shall protect its openings to provide for the safety
of the traveling public, including motorists, bicyclists and pedestrians.
E.
Disposition of materials. The responsibility of the permittee for
disposition of materials is as follows:
(1)
The permittee shall keep the improved area free of 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 is responsible for controlling dust conditions created
by its own operations.
(3)
Excess material and material that is not suitable for backfill shall
be promptly removed and properly disposed of outside the right-of-way
as the work progresses.
(4)
The permittee is not authorized to close a portion of the pavement
or shoulder to traffic for the primary purpose of storing material.
If the permittee stores material on the pavement or shoulder, the
permittee thereby acknowledges its obligation and commitment to repair
or reconstruct the pavement and shoulder, if damaged, to its former
condition, in a manner authorized by the Township. Delivered material
may not be stored overnight on the pavement.
F.
Backfilling. An opening shall be backfilled by the permittee in accordance
with the following:
(1)
The opening may first be backfilled with fine aggregate material, meeting the requirements of § 703.1 of PennDOT Publication 408, or granular material to protect the facility, placed to a height not to exceed one foot over the top of the facility, if the material is compacted in not more than four-inch loose layers or as authorized under Publication 408. To help protect its facility from future excavations, the permittee is encouraged to place a permanent ribbon colored under Subsection J at least one foot above its facility. If the facility is nonmetallic, the permittee is also encouraged to place a metallic ribbon at a depth from which the ribbon can be sensed by typical metal locating instruments.
(2)
The opening shall then be backfilled with select granular material,
unless retained suitable material, as defined in § 459.1
(relating to definitions)[1], is authorized or other coarse aggregate material meeting
the requirements of § 703.2 of Publication 408 is specified
in the permit. Select granular material or other aggregate material
will be required for use as backfill of openings in pavements, paved
shoulders and improved (for example, oil and chip) shoulders as well
as unimproved (for example, stabilized or earth surface) shoulders
within three feet of the edge of pavement. Retained suitable material
will normally be authorized for use as backfill of openings outside
shoulders and in unimproved shoulders more than three feet outside
the edge of pavement and up to within three feet of the surface.
[1]
Editor's Note: See 67 Pa. Code § 459.1.
(3)
Backfill shall be compacted as follows:
(a)
General rule. Except as provided in Subsection F(3)(b) backfill material shall be placed in loose layers not to exceed eight inches if vibratory compaction equipment is used. Each layer shall be thoroughly compacted to preclude subsidence.
(b)
Compaction outside pavement and shoulders. At least 15 days
prior to the start of work, the applicant may submit its written compaction
plan to the Township requesting backfill in an opening outside the
pavement and shoulder to be placed in layers thicker than eight inches
prior to compaction. The compaction plan shall include full details
on equipment, materials and work methods as well as the permittee's
acknowledgment of its obligation and commitment to regularly monitor
the restored surface until two years after the acknowledged completion
of the permitted work and to promptly correct failure or subsidence
of the roadway.
(4)
The Township may require the permittee to have material proposed
for use as backfill and compacted material tested, at the expense
of the permittee, for conformance to the applicable gradation and
compaction requirements of PennDOT Publication 408.
G.
Restoration of flexible base pavements. Base and surface restoration
of flexible base pavements shall be performed under this subsection
and as specified in the permit. Prior to replacement of the base course,
one foot outside of each edge of the opening shall be sawed or milled,
in a neat straight line, to the top elevation of the existing aggregate
subbase or stone base course, and the detached material shall be removed.
Other surface opening methods such as cutting may be authorized if
the methods result in the opened pavement having a neat straight vertical
line.
(1)
Exposed vertical and horizontal surfaces shall be prepared under
§ 401.3(f) of PennDOT Publication 408.
(2)
The base course shall consist of bituminous concrete, superpave 25
mm binder course. The base course material shall have a minimum depth
of five inches or a depth equal to the existing base course, whichever
is greater.
(3)
The wearing course shall consist of bituminous concrete, superpave
9.5 mm wearing course. The wearing course shall have a minimum depth
of 1 1/2 inches.
H.
Shoulder restoration. Shoulder restoration shall be performed under
this subsection and as specified in the permit.
(1)
Paved shoulders. Paved shoulders shall be reconstructed and restored
to a serviceable condition, of the same type and cross section as
existed before the start of work.
I.
Temporary pavement restoration. Temporary restoration of a pavement
or paved shoulder may be required by the Township prior to permanent
restoration, under the following:
(1)
The base shall consist of compacted select granular material with
a surface of two-inch bituminous material.
(2)
Temporary pavement restoration shall be completed before traffic
is allowed to travel on the disturbed area and shall be made within
24 hours of backfilling to grade. Between April 15 and October 15,
permanent repairs must be made within 28 days of completion of the
street opening. Otherwise, the temporary pavement may be kept in place
for up to six months or as specified in the permit, if it is properly
maintained by the permittee. Then, temporary pavement shall be removed
and permanent restoration performed in accordance with this chapter.
(3)
Temporary pavements must be maintained by the permittee within 24
hours of notice by the Township.
(4)
If maintenance is not performed, or immediate repairs are deemed
necessary for public safety, the Township reserves the right to make
emergency repairs. The cost of these repairs shall be borne by the
permit holder and if not paid will be taken from the performance bond.
J.
Paint identification. Upon completion of pavement or paved shoulder
restoration, the restoration date shall be painted immediately adjacent
to the restored cut but not in an area where tires normally contact
the pavement. The painted date shall indicate the month and year numerically.
The numerals shall be six inches to nine inches in height. The paint
shall be color coded as follows: blue (water), yellow (gas-petroleum),
red (electric), orange (communications) and green (sewer). If the
pavement or shoulder is being overlaid for more than 100 linear feet,
the Township may, upon request, exempt the permittee from complying
with this subsection.
K.
Appurtenances to underground installations. Requirements relating
to appurtenances to underground installations shall include:
L.
Additional restoration. Additional restoration shall be required
as follows:
(1)
Disturbed portions of the highway, including, but not limited to,
slopes and appurtenances and structures such as guide rails, curbs,
signs, markings, drainpipes, driveways and vegetation, shall be restored
by the permittee to a condition at least equal to that which existed
before the start of work authorized by the permit.
(2)
Wearing course less than five years old. If the permittee opens pavement
having a bituminous concrete surface and the Township's records
indicate that the wearing course is less than five years old, the
permittee shall, in addition to the restoration conditions outlined
in the permit and in this section, mill and overlay the pavement in
accordance with the following conditions:
(a)
When an opening has been made in the pavement, the permittee
shall mill and overlay the traffic lane in which the opening was made,
for a distance of at least 30 feet on each side of the opening (for
a total of 60 feet). If the opening is within two feet of the roadway
center line, the mill and overlay shall encompass the full width of
the roadway, curb to curb.
(b)
When two or more openings have been made by the same permittee
within 100 linear feet of pavement, the permittee shall mill and overlay
traffic lanes in which the openings were made for the entire length
of highway between the openings.
(3)
Regardless of the age of the wearing course:
(a)
If more than 100 linear feet of longitudinal opening is made
in the pavement, the Township will require the permittee to mill and
overlay traffic lanes in which the opening was made, for the entire
length of highway that was opened.
(b)
If two or more openings are made by the same permittee within
100 linear feet of pavement, the Township will require the permittee
to restore the entire disturbed pavement between the openings by milling
and overlaying. If one of the openings is within two feet of the roadway
center line, the mill and overlay shall encompass the full width of
the roadway, curb to curb.
(4)
The minimum depth of any mill and overlay shall be 1 1/2 inches.
The wearing course shall be superpave 9.5 mm fine grade wearing course.
(5)
If an opening is made in a bituminous concrete pavement within three
feet from the edge of pavement or other longitudinal joint or opening,
the surface restoration shall be extended to the edge of pavement
or other longitudinal joint or opening.
(6)
When pavement markings are covered or destroyed by the permitted
work, including overlays, they shall be replaced with temporary pavement
markings before opening the disturbed pavement to traffic. When the
permanent pavement surface is restored, pavement markings that were
covered or destroyed shall be replaced in their former location.
M.
Sealing. The edges of all restored openings in the pavement or paved
shoulder shall be sealed with a twelve-inch-wide strip of PG 64-22.
A.
Permit required. No person may attach a utility facility to a Township-owned
bridge or modify an existing facility until the owner of the utility
facility has obtained a permit from the Township under this chapter.
B.
Application procedure.
(1)
General. A permit application shall be completed and signed by the
facility owner and submitted to the Township public works department
for each utility facility and for each bridge. Permit applications
shall be submitted at least 60 days prior to the anticipated start
of work.
(2)
Plans. Plan requirements are as follows:
(a)
Three sets of plans shall accompany the bridge permit application.
The plans shall have a horizontal scale of one inch equal to no more
than 20 feet, and shall clearly illustrate the location and pertinent
dimensions of both the proposed installation and related roadway and
bridge features. The plans shall also show the installation in plan
and elevation, unless excused, with a cross section and enlarged details
of the installation showing appurtenances, such as brackets, inserts,
supports, couplings, encasements, hangers, sleeves, insulators, fabricated
structural steel — if required, crossarms and poles. The details
shall be complete throughout the entirety of the structure, including
treatment at the diaphragms and abutments.
(b)
Traffic control plans.
[1]
Three sets of traffic control plans shall be submitted in the
following situations:
[2]
The Township may require an applicant to submit a traffic control
plan under other special circumstances.
[3]
Traffic control plans shall comply with 75 Pa.C.S.A. § 6123
(relating to erection of traffic-control devices while working) and
the applicable provisions of PennDOT Pub. 213 (relating to work zone
traffic control).
[4]
Traffic control plans shall clearly indicate how the work area
and vehicular and pedestrian traffic will be protected, maintained
and controlled.
C.
Issuance of permit.
(1)
Upon approval of an application made under this chapter, a permit
will be issued by the Township, subject to this chapter and the conditions
contained on the permit and its attachments. The permit shall be the
applicant's authority to proceed with the work specified in the
permit. A copy of the permit, application and authorized plans shall
be available for inspection at the work site.
(2)
A permit shall be issued only to the owner of the utility facility.
A permit will not be issued to a contractor or to persons only being
serviced by the facility.
(3)
The permit shall be maintained by the permittee as a permanent record.
A permit shall be valid until revoked by the Township or until the
Township ceases to be responsible for the bridge for which the permit
is granted or until the bridge is reconstructed or relocated, at which
time a new permit application may be submitted to the Township.
D.
Permit conditions. The provisions of this chapter governing permits
and permittees, except those that are not technically feasible. The
following conditions apply in addition:
(1)
The permit authorizes only those facilities specifically designated
on the permit.
(2)
Work authorized by the permit is subject to laws or regulations which give jurisdiction to the Army Corps of Engineers, Pennsylvania Public Utility Commission, or other federal, state or local authority having jurisdiction over any aspect of the location, construction or maintenance of the permittee's facility. The permittee is responsible for complying with Department of Environmental Protection's license requirements under 25 Pa. Code Chapter 105 (relating to dam safety and waterway management).
(3)
The permitted work shall be done at a time and in a manner consistent
with the safety of the public and conform to requirements and standards
of the Township and acceptable practices of the industry not inconsistent
therewith.
(4)
The permittee shall pay fees, costs and expenses incident to or arising
from the project, including the cost of related roadway or bridge
improvements which the permit work may necessitate.
(5)
If the bridge is reconstructed or relocated, the privilege granted
in this subsection ceases and the permittee shall bear the expense
of reconstruction as will be necessary if the privilege is to be continued
for the benefit and at the request of the permittee.
(6)
Upon notification that the Township has scheduled maintenance painting
of a bridge, the permittee shall, unless excused, have its attached
facilities promptly painted in accordance with specifications furnished
by the Township or enter into an agreement with the Township for the
painting of its facilities.
(7)
If in the future the permittee desires to change, alter or remove
a structure or property belonging to it from the bridge or roadway,
it may do so upon approval of an amended application, if disturbed
parts of the bridge or roadway are restored at the expense of the
permittee, as directed by the Township.
(8)
Facility occupancy of bridges shall comply with applicable provisions
of the PennDOT Design Manual, Part 5.
A.
General rule. 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 chapter that is violated
shall also constitute a separate offense, and prior notice to the
offender shall not be necessary to constitute an offense. Additionally,
violation of this chapter or the permit requirements constitutes grounds
for imposition of the following penalties:[1]
(1)
Upon receipt of oral or written notice of violations from the authorized
representative of the Township or a police officer whose jurisdiction
includes the permitted work area, the permittee shall cease to perform
any further work in the permitted area except to restore the area
to a safe condition. No further work may commence in the permitted
area until the violations have been remedied. Where the permittee
has received oral notice of the violations, written notice shall be
sent to the permittee within 10 days of receipt of the oral notice.
(2)
Removal of facilities installed without a permit or in violation
of the provisions of this chapter.
(3)
Fines, imprisonment or other penalties as are provided by statute.
B.
Additional grounds for revocation. Additional grounds for revocation
shall be as follows:
(1)
The Township may revoke a permit whenever it determines that the
permitted facility is not being maintained, is in violation of a condition
of the permit or this chapter, constitutes a hazard to traffic or
interferes with the proper use of the highway by the Township or the
public.
(2)
The Township may revoke a permit for nonpayment of a fee authorized
in this chapter, including default of a check submitted for payment.
