[Ord. 324, 5/22/2001, § I]
This Part shall be known as the "Road Encroachment Ordinance
of the Township of North Fayette."
[Ord. 324, 5/22/2001, § II]
Nothing contained in this Part shall prevent a public utility
from making cuts or openings in public streets or public easements
in emergency situations threatening the healthy or safety of any person
or property, and in such case, said permit shall be secured as soon
as practicable after the repair necessitated by the emergency has
commenced.
[Ord. 324, 5/22/2001, § III]
This Part and all rules, regulations and requirements established
therein shall apply to any person, firm, corporation or utility company
performing work in the Township of North Fayette.
[Ord. 324, 5/22/2001, § IV]
1.
The application for a permit shall be on a form prescribed by the
Township and three copies submitted to the Township. The application
shall be accompanied by a fee in accordance with the schedule of fees
set forth by the Department of Transportation for highway occupancy
permits and restoration charges.
2.
The applicant shall submit three copies of a sketch showing such
dimensions as the location of the intended facility, width of the
traveled roadway, right-of-way lines, property lines and a dimension
to the nearest intersecting street.
3.
The applicant prior to the excavation or related work, shall provide
to the Township written proof that said person or entity has secured
a surety bond in the amount calculated from the Township of North
Fayette computation sheet for roadway restoration security, which
bond shall assure the safe and proper performance and completion of
said excavation and said related work and shall assure the complete
and proper restoration of the land, premises and buildings involved
in, or affected by said excavation and said related work. Said surety
bond shall guarantee restoration and maintenance of the road for a
period of at least two years after the acknowledged completion of
the permitted work. Said surety bond may be obtained from a surety
or insurance company authorized by law to provide such surety bonds
within Pennsylvania according to the laws of Pennsylvania or may be
posted as a cashier's check or certified check or may be posted as
a letter of credit from a financial institution approved by a duly
enacted motion by Township Supervisors. No other type of bonds will
be acceptable or permitted.
4.
Public utilities and franchised organizations may, in lieu of providing
security with each application, post with the Township a surety or
cash bond, or other acceptable security, in the amount of $10,000.
The validity of such security shall be demonstrated annually at the
beginning of each calendar year. In cases of anticipated projects
of unusual magnitude, the Public Works Director may require a separate
security for normal repairs and common work in excess of $10,000 as
a condition of permit issuance.
[Ord. 324, 5/22/2001, § V]
1.
Conditions and Inspections.
A.
The permittee shall notify the Township at least three full workdays
prior to the start of work and any time that the Director of Public
Works requires an inspection.
B.
The Public Works Director, or his delegate, may attach such conditions
to the permit, as he may deem necessary to minimize inconvenience
and hazards to the public. Failure to comply with any such conditions
shall be cause for revocation of such permit and shall constitute
a violation of this Part.
C.
Upon approval of an application submitted, a permit will be issued
by the Public Works Director, subject to this ordinance 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 by a representative of the Township.
D.
At all times, all proposed street excavation and related work, the
actual street excavation and related work, including, but not limited
to, restoration, shall be subject to inspection and approval by the
Code Enforcement Officer and/or the Public Works Director or his delegate.
E.
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.
General Regulations.
A.
If an encroachment results in the closure of one lane of traffic
the North Fayette Police Department must be notified prior to the
work starting that will cause the closure of one lane of traffic.
At no time may there be a road completely closed to traffic. In case
of an emergency situation threatening the healthy or safety of any
person or property, the permittee must notify immediately the Public
Works Director, North Fayette Police Department and the local Fire
Department.
B.
Streets may be crossed by trenching only when the Public Works Director
or proper Township official is satisfied that unusual circumstances
exist which, by their nature, require such method.
C.
If a dispute arises between the permittee and the Township, the Township
has the authority to suspend work until the question at issue may
be referred to and decided by the Public Works Director.
D.
At the end of a workday, an opening in the right-of-way shall be
covered, backfilled or protected. If work is stopped on a project,
other that at the end of a normal workday, the permittee shall promptly
backfill the opening and restore the surface, and work may not resume
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 plus 20% by the permittee.
E.
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.
F.
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.
G.
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.
H.
The Township may authorize the permittee to restore the pavement
or shoulder from superficial surface damage with a seal coat or surface
treatment.
I.
Maintenance and protection of traffic in the work zone shall be carried
out by the permittee.
J.
The permittee shall pay the costs and expenses incident to or arising
from the project, including the prescribed fees for the project, the
cost of making and maintaining temporary restoration of the disturbed
areas and making permanent restorations.
K.
If it is found by the Township that the work is not being done or
has not been properly preformed, the permittee shall promptly take
the necessary steps, at its own expense, to place the work in condition
to conform to the requirements and standards that apply as shown in
Exhibit 21-1-1 and/or Exhibit 21-1-2 and/or Exhibit 21-1-3.
3.
Altering Drainage.
A.
Altering drainage shall be prohibited, unless specifically authorized
by the permit, the permittee may not:
B.
The permit does not authorize the permittee, to direct, divert or
otherwise drain surface waters over the property of another property
owner.
C.
The permit does not relieve the permittee from acquiring the consent,
permission or other authorization from a property owner who may be
adversely affected by drainage alterations.
D.
The permittee is responsible for damage caused to property owners
as a result of work done under the permit.
4.
Time Extensions.
A.
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.
B.
If approved, an extension to the permit authorizing a new completion
date will be issued by the Township.
C.
No extension of the permit will be authorized unless the permittee
obtains an extension on the duration of a bond, insurance or other
security corresponds with the permit time extension. The permittee
shall provide evidence of the extension to the Township.
D.
No work may be preformed on an expired permit until a time extension
supplement or new permit is obtained.
E.
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.
[Ord. 324, 5/22/2001, § VI]
1.
When permitted work has been completed, the permittee shall provide,
in writing, a work completed notification to the Township.
2.
The Township shall inspect the work completed to make sure it conforms
to the requirements and standards that apply as shown in Exhibit 21-1-1
and/or Exhibit 21-1-2 and/or Exhibit 21-1-3 and notify the permittee
in writing within 10 days of inspection.
3.
Said street, shall be restored to meet the minimum requirements of
Exhibit 21-1-1 and/or Exhibit 21-1-2 and/or Exhibit 21-1-3, and in
case said street, is not restored to the minimum requirement within
a reasonable time, then the Public Works Director or his delegate
shall cause said street to be restored to meet the minimum requirements
of Exhibit 21-1-1 and/or Exhibit 21-1-2 and/or Exhibit 21-1-3. The
cost of such work and materials, plus a surcharge in the amount of
20% of the cost of such work and materials, shall be collected from
the permittee in the manner provided by law.
[Ord. 324, 5/22/2001, § VII; as amended by Ord.
418, 12/29/2014]
Any person, firm, corporation or utility company who shall fail,
violate, neglect or refuse to comply with any of the terms or provisions
of this Part, 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 Part continues
or each section of this Part which shall be found to have been violated
shall constitute a separate offense.
