Township of Lower Paxton, PA
Dauphin County
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[Adopted 11-7-1988 by Ord. No. 88-16 (Art. 903 of the 1960 Code)]
It shall be unlawful for any person, firm or corporation to perform any work in any street, highway, sidewalk or other public 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 or without complying with the provisions of this article or in violation of a variance from the terms of any such permit.
A. 
Applications for such permits shall be made upon the Township form to the Codes Enforcement Office, and shall contain:
(1) 
A description of the location of the intended excavation, tunnel, or installation;
(2) 
The size of the excavation, tunnel or installation;
(3) 
The purpose of the excavation, tunnel or installation;
(4) 
Three sets of final design plans complying with the regulations of the Pennsylvania One Call Law, and showing the dsign serial number, the location and pertinent dimensions of the opening, the proposed excavation or installation and related highway features;
[Amended 9-20-2011 by Ord. No. 11-08]
(5) 
The name of the person, firm or corporation doing the actual excavating or installation work; and
(6) 
The name of the person, firm or corporation for whom the work is being done.
B. 
Applications for such permits shall be accompanied by:
(1) 
A check or money order, payable to the Township, in the appropriate amount, as set forth in § 176-18 (relating to permit fees);
(2) 
A maintenance bond as set forth in § 176-21F (relating to requirements for a maintenance bond); and
(3) 
A hold harmless and indemnification agreement as set forth in § 176-21E (relating to requirements for a hold harmless and indemnification agreement).
C. 
Information provided in applications must be accurate. Section 4904 of the Crimes Code, 18 Pa.C.S.A. § 4904 (relating to unsworn falsification to authorities), makes it a misdemeanor of the second degree for a person to mislead a public servant in performing an official function by making any written false statement which the person does not believe to be true.
D. 
The Township will examine and determine the genuineness, regularity and legality of every application and may reject any application if not satisfied as to its genuineness, regularity or legality or the truth of any statement contained in the application. The Township may also make such investigation and require such additional information as it deems necessary.
A. 
Permit issuance fees shall be used 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, and issuing and processing the permit. The issuance fee shall be as set forth from time to time by resolution of the Board of Supervisors.
B. 
General permit inspection fees shall be used to defray costs incurred by the Township in inspections of permitted work or subsequent inspections, or both, after the permitted work has been completed, to ensure compliance with the permit and the provisions of this article.
(1) 
Underground facilities (for example: pipelines, buried cable with pedestals, conduit, manholes, headwalls, inlet, and grate). This fee is calculated on the total linear feet of the facility or facilities being permitted within the right or way regardless of whether the surface is opened.
(a) 
Physically connected facility or facilities (first 50 feet or fraction thereof) (each section): as set forth from time to time by resolution of the Board of Supervisors.
(b) 
Additional physically connected facilities (each 100 feet or fraction thereof): as set forth from time to time by resolution of the Board of Supervisors.
(2) 
Surface openings of less than 25 square feet (for example: service connections performed independently of underground facility installation, pipe line repairs) (each opening): as set forth from time to time by resolution of the Board of Supervisors.
(3) 
Aboveground facilities (for example: poles or guys or anchors if installed independently of poles):
(a) 
Up to 10 physically connected aboveground facilities (each continuous group): as set forth from time to time by resolution of the Board of Supervisors.
(b) 
Additional aboveground physically connected facilities (each pole with appurtenances): as set forth from time to time by resolution of the Board of Supervisors.
(4) 
Crossings (for example: overhead tipples, conveyers or pedestrian walkways and undergrade subways or mines): as set forth from time to time by resolution of the Board of Supervisors.
A. 
Upon application duly made, in accordance with the provisions of this article, a permit will be issued by the Codes Enforcement Office, subject to the provisions of this article and the conditions contained on the permit and its attachments and supplements. The permit shall be the applicant's authority to proceed with the work and shall also serve as a receipt for the fees accompanying the application.
B. 
During the course of the work, inspections must be made by the Township. The applicant must notify the Codes Enforcement Office when the work is ready for inspection as set forth on the permit.
A. 
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, provided that the following procedure is adhered to:
(1) 
The utility facility owner shall immediately notify the Codes Enforcement Office by telephone when the necessity for an emergency repair occurs during the hours of 8:00 a.m. to 4:00 p.m., Monday through Friday. Emergency work occurring at other times shall be reported to the Codes Enforcement Office on the following business day.
(2) 
Prior to opening the surface or placing utility facilities within the right-of-way, the utility work crew shall record the following information, in legible handwriting using indelible ink:
(a) 
Date emergency work is started.
(b) 
Time emergency work is started.
(c) 
Location of emergency work site.
(d) 
Description of emergency work.
(3) 
The recorded information shall be located at the work site and shall be available for inspection by any police officer or representative of the Township.
(4) 
A permit shall be applied for within five days to confirm and set forth in detail any work performed.
B. 
All work performed prior to the issuance of a permit shall conform to the provisions of this article and the conditions contained on the permit.
The following conditions shall apply to permits issued under the provisions of this article:
A. 
The permit shall be binding on the permittee, its agents, contractors, successors and assigns.
(1) 
The permittee shall be responsible for causing compliance with all terms and conditions of the permit by its employees, agents and contractors.
(2) 
The permit shall be located at the work site and shall be available for inspection by any police officer or representative of the Township.
(3) 
The permittee shall be principally liable to the Township for any failure to comply with the provisions of this article. The principal liability of the permittee shall not preclude the Township from bringing any action against the permittee's contractor, subcontractor, engineer, architect, assignee or any other person.
B. 
The work shall be done at such time and in such manner as shall be consistent with the safety of the public and shall conform to all requirements of the Township. If at any time it shall be found by the Township that the work is not being done or has not been properly performed, the permittee, upon being notified in writing by the Township, shall immediately take the necessary steps, at its own expense, to place the work in condition and conform to such requirements. In case any dispute arises between the permittee and the Township's inspector, the inspector shall have the authority to suspend work until the question at issue may be referred to and be decided by the Codes Enforcement Office.
C. 
Permittee responsibilities shall include the following:
(1) 
The permittee shall pay all costs and expenses incident to or arising from the project, including the prescribed fees therefor, the cost of making and maintaining temporary restoration of the disturbed areas and making permanent restoration.
(2) 
In the event of failure or neglect by the permittee to perform and comply with the permit or the provisions of this article, 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 or its contractors, or both, from the legal limits of the right-of-way and restore the same to its former condition.
(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, in the opinion of the Township, remains open for an unreasonable period, 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.
D. 
Streets shall be protected by the following types of equipment:
(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, shoulders and sidewalks 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, shoulders or sidewalks, the permittee shall restore them to their former condition at the expense of the permittee.
E. 
Prior to the issuance of a permit, the permittee shall enter into an agreement to fully indemnify and save harmless and defend, if requested, the Township, its agents and employees 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 the provisions of this article; and, for a period of two years after completion of the permitted work, from the failure of the street in the immediate area of the work performed under the permit where there is no similar failure of the street beyond the area adjacent to the area of the permitted work.
F. 
No permit shall be issued unless and until the applicant therefor has deposited, with the Codes Enforcement Office, on the form provided by the Township, a bond in the sum of not less than $10,000 conditioned to indemnify the Township for maintenance of the immediate area wherein the tunnel or excavation was made for a period of two years from the date of permanent restoration.
(1) 
Except as provided in Subsection F(2) of this section, each $10,000 bond may be used as security for not more than five openings.
(2) 
In the event that a street excavation opening would necessitate overlaying any portion of the street pursuant to § 176-22, the $10,000 bond used as security for such a project may not be used as security for any other project.
G. 
The permittee shall, upon request, submit to the Codes Enforcement 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 installation of the permitted structures or facilities.
H. 
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.
I. 
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.
J. 
If there is a failure of the street, including slope, or any other appurtenance thereto in the immediate area of the permitted work within two years after completion of the permitted work and there is no similar failure of the street beyond the immediate area of the permitted work, the permittee shall have absolute responsibility to make all temporary and permanent restoration, including restoration of the immediate area if it has failed.
K. 
Approval by an inspector of the Township 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 of 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.
A. 
Drilling, boring, driving or tunneling across improved areas shall comply with the following conditions:
(1) 
When crossing under any improved area, the opening for a utility facility shall be drilled, bored, driven or tunneled on a horizontal plane at a minimum depth of three feet from the surface of the street and its swale ditches to the top of the opening.
(a) 
If the facility is more than 12 inches in diameter, the bored cylindrical space surrounding the facility shall be filled with grout.
(b) 
Wet boring shall be prohibited.
(2) 
No openings for the purpose of placing utility facilities or other structures under 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 a lesser clearance.
(3) 
Facilities and other structures crossing under the improved area shall be constructed so as to ensure the safety of the traveling public and to preclude the necessity of entering upon the improved area to effect future maintenance or replacement.
B. 
Trenching across improved areas shall be performed by one of the following two methods:
(1) 
Utility facility placed in one piece across street.
(a) 
Traffic shall be routed over 1/2 of the pavement width.
(b) 
The closed half of the pavement shall be opened to the required depth and bridged with steel plates.
(c) 
Traffic shall be shifted to the bridged half of the pavement.
(d) 
The remaining half of the pavement shall be opened to the required depth.
(e) 
The facility shall be placed full width.
(f) 
The open trench shall be backfilled and restored half-width in accordance with the provisions of this section.
(g) 
Traffic shall be shifted to the restored half of the pavement.
(h) 
The bridging shall be removed and the remaining half of the trench shall be backfilled and restored in accordance with the provisions of this section.
(2) 
Utility facility placed in more than one piece across street.
(a) 
Traffic shall be routed over 1/2 of the pavement width.
(b) 
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 the provisions of this section.
(c) 
Traffic shall be shifted to the restored half of the pavement.
(d) 
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.
(3) 
If it is impossible to trench across an improved area without closing the street to all traffic, the street shall not be closed for more than a period of eight consecutive hours.
(4) 
All trenches left open at the end of the workday shall be marked by lighted barricades and bridged with steel plates.
C. 
Requirements for trench openings parallel to a street shall be as follows:
(1) 
Trench openings for utility facilities and other structures shall be made so that the near edge of the opening is at least three feet outside the edge of roadway unless the permit authorizes a lesser clearance, with a minimum depth of three feet from the surface to the top of the facility.
(2) 
No trench opening shall be made for a distance of more than 200 feet at any one time, unless authorized by the permit. In addition, no more than 40 feet of trench shall be left open on the shoulder of a street at the end of any workday, unless authorized by the permit.
(3) 
All trenches left open at the end of the workday shall be marked by lighted barricades and bridged with steel plates.
D. 
Except for emergency repairs of utility facilities, work shall be stopped prior to peak traffic hours that exist on a particular street 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 to a minimum of 18 inches from each edge of the opening and shall be secured in a safe manner.
E. 
The responsibility of the permittee for disposition of the materials shall be as follows:
(1) 
The permittee shall keep the improved area free of all material which may be deposited on the street by vehicles during the performance of the 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 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.
F. 
All openings made in the improved area shall be backfilled by the permittee in accordance with the following minimum standards.
(1) 
The opening shall be backfilled using one of two possible methods:
(a) 
The opening shall first be backfilled with material suitable for insulation to a height not to exceed one foot over the top of the facility, compacted in not more than four-inch layers, and then backfilled with 2A subbase aggregate or fine material (Type A or better stone) and compacted throughout its full width in layers not to exceed four inches if a tamper is used or in layers not to exceed eight inches if approved vibratory compaction equipment is used; or
(b) 
The opening shall be backfilled entirely with 2A subbase aggregate or fine material (Type A or better stone) and compacted throughout its full width in layers not to exceed four inches if a tamper is used or in layers not to exceed eight inches if approved vibratory equipment is used.
G. 
Base and surface restoration of pavement shall be as follows:
(1) 
Prior to replacement of the base course, one foot from each edge of the trench shall be sawed or cut, in a neat straight line, to the bottom elevation of the existing base course, and the detached material shall be removed. Drilling shall not be permitted.
(a) 
The permanent base course shall consist of bituminous concrete at a minimum depth of six inches on minor streets and a minimum of eight inches on collector and arterial street.
(b) 
The bituminous binder of not less than six or eight inches of BCBC or binder shall then be applied, followed by the wearing course of not less than 11/2 inches of ID-2.
(c) 
After application of the wearing course, the edges of the opening shall be sealed with AC/20 sealer or equivalent, a width of not less than six inches.
(2) 
At the option of the permittee, a temporary restoration may be done prior to permanent restoration. Prior to making the permanent restoration, one foot from each edge of the opening shall be sawed or cut, in a neat straight line, to the bottom elevation of the existing base course, and the detached material shall be removed. Drilling shall not be permitted.
(a) 
Temporary restoration, if made, shall be kept in place for a maximum of 90 days. After backfilling, as provided in Subsection F of this section, the opening shall be patched with bituminous concrete to the original grade. If supplies of bituminous concrete are not available or it is impractical to install due to the season of the year, A and B patch (cold patch) may be substituted.
(b) 
If neither bituminous concrete nor A and B patch are available, the opening shall be backfilled as provided in Subsection F of this section and the opening shall be marked by lighted barricades and bridged with steel plates until stabilized with blacktop.
(c) 
Before the maximum ninety-day-period expires, the temporary restoration shall be removed and permanent restoration made in accordance with this section.
H. 
Upon completion of temporary and permanent pavement restoration, the restoration date shall be painted either on or immediately adjacent to the restored opening. The painted dates shall indicate the month and year numerically. The numerals shall be at least six inches in height. The paint shall be durable and wear-resistant and shall be color-coded as follows: blue (water), yellow (gas-petroleum), red (electric), orange (communications) and green (sewer).
I. 
Appurtenances to underground installations shall include:
(1) 
The top of every manhole, valve box or other access to the facility shall be at the same elevation as the surface in which it is located.
(2) 
The surface surrounding manhole or valve covers located in shoulders shall be paved in such a manner to prevent washouts.
(3) 
All manholes, including those cast in place, shall be constructed in compliance with current industry standards.
J. 
Additional restoration shall include the following:
(1) 
All disturbed portions of the street, including all appurtenances and structures such as guardrails or drain pipes, shall be restored to a condition equal to that which existed before the start of the work authorized by the permit.
(2) 
If the permittee opens any street pavement having a bituminous concrete surface, whether to install a new facility or to modify an existing facility or for any reason other than to make up to five emergency openings in the street pavement pursuant to § 176-20 (relating to emergency work), and 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, overlay the street pavement in accordance with the following conditions:
(a) 
When a longitudinal opening longer than 10 feet and wider than three feet is made in the street pavement, the permittee shall overlay the traffic lanes in which the opening was made for the entire length of highway that was opened, as directed by the Township.
(b) 
When two or more transverse trench openings are made in the street pavement less than 100 feet apart, the permittee shall overlay all traffic lanes in which the openings were made for the entire length of street between such openings, as directed by the Township.
(c) 
When five or more emergency openings have been made by the permittee in the street pavement less than 100 feet apart within five years of the last resurfacing, the permittee shall overlay all traffic lanes in which the openings were made for the entire length of street between such openings.
(d) 
Where disturbed lanes adjacent to undisturbed lanes are overlaid, the edge of the disturbed lane shall be saw cut to a depth of 1 1/2 inches for the length of the opening and the detached material removed, in order to ensure a smooth joint. A full width overlay may be performed instead of saw cutting and stripping the disturbed lane or lanes.
(e) 
Where disturbed lanes adjacent to shoulders are overlaid, the shoulder shall be raised so that the overlaid pavement and shoulder edges are at the same elevation.
(3) 
Regardless of the age of the wearing course:
(a) 
When both longitudinal and transverse trench openings are made in the street pavement, the Township may require the permittee to overlay all traffic lanes in which such openings were made for the entire length of street that was opened; or
(b) 
When five or more openings are made by the same permittee in the street pavement less than 100 feet apart, the Township may require the permittee to overlay the entire disturbed area.
K. 
Proposed subsurface utilities shall be designed and installed maintaining a ten-foot minimum horizontal separation and a three-foot minimum vertical separation from all existing sanitary sewer facilities and appurtenances, except sanitary sewer laterals and building sewers, unless approved otherwise in writing by the Township. Proposed subsurface utilities shall be designed and installed maintaining a five-foot minimum horizontal separation and an eighteen-inch minimum vertical separation from all existing sanitary sewer laterals and building sewers unless approved otherwise in writing by the Township. Nothing in this section shall be construed to prevent proposed subsurface utilities from crossing existing Sanitary Sewer Facilities. However, when proposed subsurface utilities must cross Sanitary Sewer Facilities, said crossing shall occur at a 90° angle, unless approved otherwise in writing by the Township.
[Added 9-20-2011 by Ord. No. 11-08]
Any person, firm or corporation who or which violates or permits a violation of this article, upon being found liable therefor in a civil enforcement proceeding, shall pay a fine of not more than $600, plus all court costs, including reasonable attorney's fees, incurred by the Township in the enforcement of this article. No judgment shall be imposed until the date of the determination of the violation by the District Justice and/or Court. If the defendant neither pays nor timely appeals the judgment, the Township may enforce the judgment pursuant to the applicable rules of civil procedure. Each day a violation exists shall 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.