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