Highway occupancy permit. When a subdivision or land development
has frontage along, drains to or otherwise impacts a state highway,
the applicant shall submit the plan to the Pennsylvania Department
of Transportation (PennDOT) for review, regardless of whether or not
any changes are proposed along the state highway. Copies of all correspondence
between the applicant and PennDOT, and all issued permits, shall be
provided to the Township. If PennDOT determines that a highway occupancy
permit is not necessary, the applicant shall obtain such determination
in writing and provide it to the Township. The applicant, its successors
and assigns, shall indemnify, defend, exonerate and hold the Township
and its boards, committees and commissions (including the individual
members thereof), their elected and appointed officers and officials
and their employees, contractors, other professional consultants,
engineers, solicitors, managers, representatives, advisors, predecessors,
successors, agents, independent contractors, insurers and assigns
harmless from any obligations or liabilities pertaining to, relating
to, resulting from, caused by, arising out of, sustained in connection
with or imposed by Pennsylvania Department of Transportation upon
the Township by virtue of any permits required in connection with
the subdivision. In the event that PennDOT requires the Township to
sign the highway occupancy permit application or other documents relative
to the required highway occupancy permit, the Township shall retain
sole discretion whether to sign the application or other documents.
Should the Township elect to sign the application and/or other documents
required by PennDOT, the applicant shall enter into a recordable indemnification
agreement in a form acceptable to the Township Solicitor which, among
other things, will require that the applicant, its successors and
assigns indemnify, defend, exonerate and hold the Township and its
and its boards, committees and commissions (including the individual
members thereof), their elected and appointed officers and officials
and their employees, contractors, other professional consultants,
engineers, solicitors, managers, representatives, advisors, predecessors,
successors, agents, independent contractors, insurers and assigns
harmless from any liability pertaining to, relating to, resulting
from, caused by, arising out of or sustained in connection with the
Township's signing the application and/or other documents required
by PennDOT and any obligation assumed by the Township by virtue of
signing the application and/or documents. The Township shall also
retain sole discretion concerning acceptance of any road right-of-way,
improvements, maintenance responsibilities, etc., which may be imposed
by PennDOT relative to improvements contemplated with a PennDOT right-of-way
and/or easement.