Township of Muhlenberg, PA Article VI Street Excavations

[Adopted 7-9-1979 by Ord. No. 143; amended in its entirety 3-16-2015 by Ord. No. 539 (Ch. 125, Art. III, of the 1982 Code)]

§ 303-40 Definitions.

The following words and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

ADJACENT AREA

The area surrounding the immediate area of the permitted work which can reasonably be assumed to have been affected by the permitted work.

APPLICANT

The person or entity filing an application under this article for a permit. Once a permit has been issued, the applicant or his assignee, if the assignment of the permit shall have been approved by the Designated Administrator or his designee, shall be deemed the "permittee."

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

BACKFILL

Material used to replace excavated soils or other materials or the act of replacing material that has been removed during construction.

BASE COURSE

The layer or layers of specified or selected material of designed thickness placed on a subbase or a subgrade to support a surface course.

BRIDGE

A structure, including supports, erected over a depression or an obstruction, such as water, a street or railway, and having a track or passageway for carrying traffic or other moving loads and having an opening measured along the center of the cartway of more than 20 feet between supports.

CARTWAY

That portion of a street improved, designed or ordinarily used for vehicular travel, exclusive of the sidewalk or shoulder.

CLEAR ROADSIDE AREA

The portions of right-of-way beyond the pavement edge within which no existing obstructions are located.

CODE ENFORCEMENT OFFICER

A person employed or appointed by the Township to administer and enforce the adopted ordinances of the Township.

CULVERT

Any structure under the cartway with an opening of 20 feet or less, measured along the center of the cartway.

DESIGN MANUAL, PART 5

A publication containing PennDOT's utility relocation and accommodation policies, including any amendment thereto and any substitution or replacement thereof.

DESIGNATED ADMINISTRATOR

The corporate official appointed by the Township Commissioners as the Designated Administrator or such official's properly designated representative. The Designated Administrator is responsible for the administration of this article and may delegate certain authority under this article to various officers of the Township, including but not limited to the Township Engineer, Township Inspector, Public Works Superintendent and the Code Enforcement Officer.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

FACILITY

Includes all privately, publicly or cooperatively owned lines and systems for producing, transmitting or distributing communications, electricity, heat, gas, oil, crude products, water, steam, waste and other similar commodities which directly or indirectly serve the public and all appurtenances and attachments thereto.

IMPROVED AREA

The area within the right-of-way which has been constructed for street purposes, including roadbed, pavement, shoulders, slope, sidewalks, drainage facilities and any other appurtenances.

INSPECTOR

The Township's authorized representative assigned to inspect permit operations.

PAVEMENT

The combination of subbase, base course, binder course and surface course placed on a subgrade to support the traffic load and distribute it to the roadbed.

PennDOT

The Pennsylvania Department of Transportation.

PERMIT

A street occupancy permit issued by the Township pursuant to this article.

PERMITTEE

See the definition of "applicant" above.

PERSON

Any natural person, firm, copartnership, association, corporation, municipal authority, political subdivision or any other entity of whatever type.

PLOWING

Placing utility cables underground by means of a plow mechanism.

PUBLICATION 408

A publication containing PennDOT's highway construction specifications, including any amendment thereto and any substitution or replacement thereof.

RIGHT-OF-WAY

The area between the right-of-way lines of a street.

TOWNSHIP

Muhlenberg Township, Berks County, Pennsylvania.

TOWNSHIP COMMISSIONERS

The Township-elected Commissioners of the Muhlenberg Township, Berks County, Pennsylvania.

TOWNSHIP ENGINEER

A degree engineer who is qualified to technically address street-related matters, including but not limited to the design and construction of street paving, stormwater systems, curb and sidewalk, placement of utilities and knowledge of PennDOT publications and is employed, contracted or appointed by the Township.

TOWNSHIP STREET

A street under the jurisdiction of the Township, which shall include all areas within the right-of-way thereof.

UTILITY

A person owning a utility facility, including any wholly owned or controlled subsidiary, and including any plumber or any other contractor hired or engaged by the property owner or acting legally on behalf of the property owner.

§ 303-41 Permit required.

A. It shall be unlawful for any person, except any department or municipal authority of the Township, to perform any work, including opening or excavation in or under any Township street, unless and until a permit is secured from the Township for each separate undertaking. All work performed within the right-of-way shall conform to the provisions of PennDOT Publication 213, Temporary Traffic Control Guidelines. Notwithstanding the aforesaid, a permit shall not be required in the following instances:

(1) Emergency repairs of utility facilities.

(2) Accessing the utility facility through a manhole.

B. The Township will prohibit any work being done without a proper permit or contrary to the terms thereof unless deemed an emergency excavation.

§ 303-42 Administrative requirements.

A. Application for permit. Application, in writing, shall be made to Muhlenberg Township on the appropriate form as provided by the Township, which shall be completed and signed by the person making the proposed street opening or excavation. The application shall include the location of the proposed work, opening or excavation details, including the size and the purpose thereof. The person making and signing said application shall comply with all the provisions of this section as set forth herein.

B. Time extension. A permit is valid for a six-month period from the date of release. If the permittee has not completed all authorized work by the completion date specified on the permit, an application shall be submitted requesting a time extension on the permit. If approved by the Township, a supplemental permit will be issued.

C. Extension of permit scope. Whenever the excavation, opening or trench exceeds the size set forth in the application, an amendment to the permit must be secured within 48 hours to cover such extra excavation, opening or trench.

D. Emergency excavation due to rupture of an underground utility or potential endangerment of public safety must be reported to the Muhlenberg Township within 48 hours of commencing excavation. Emergency excavation will be subject to the same fee structure as specified under Subsection E.

E. Filing fee and certificates of insurance. The application shall be accompanied by a filing fee as established from time to time by resolution duly adopted by the Township. Such application fees will cover administrative and engineering costs incurred by the Township during processing and review of the application. In addition, the applicant shall, prior to the issuance of a permit, furnish a certificate of insurance naming the Township as an additional insured, with coverage pursuant to the requirements noted herein.

F. Deposit and bonding. Except for entities operating under a franchise agreement covering an area in whole or in part within the Township, the application shall be accompanied by a cash deposit or bond with a surety that is licensed to transact such business in the Commonwealth of Pennsylvania in double the amount needed, in the judgment of the Township, to cover the cost of temporary and permanent restoration and to cover the cost of all inspections made by the Township within the improved area of the right-of-way of the street resulting from the permitted work in the event that the Township is required to make said restoration. A detailed cost estimate for restoration costs shall accompany the application. The Township may, at its option, permit the applicant to make said restorations, but a deposit or bond in double the amount shall nevertheless accompany the application as a guaranty that said restorations will be made. In either event, the amount of the deposit or bond shall be established by the Township, and the minimum deposit amount shall be $500.

G. Bonding of public utilities.

(1) Public utility corporations operating under a franchise agreement covering an area located in whole or in part within the Township shall have on file with the Township a bond in the amount of $250,000 or as may from time to time be established by the Township with a surety that is licensed to transact such business in the Commonwealth of Pennsylvania, which bond shall be renewed annually, covering the cost of temporary and permanent restoration and covering the cost of all inspections made by the Township pertaining to all openings or excavations made or to be made in a calendar year or shall furnish a bond in the amount determined by the Township covering the aforesaid costs pertaining to proposed openings or excavation set out in the application. The aforesaid bonds shall have either corporate surety or other surety approved by the Township and shall be conditioned to indemnify the Township in the event of any loss, liability or damage that may result or accrue from or be due to the making, existence or manner of guarding or constructing any such opening or excavation during the term of said bond.

(2) Said bonds shall be approved or disapproved by the Township in its sole discretion. The bond shall then be filed with the Township.

H. Exemption. Any municipality authority created by the Township shall be exempt from providing financial security in the form of deposits and bonds. However, filing permit fees and being subject to the necessary inspection requirements as noted herein will apply. Any department of the Township shall be exempt from all regulations and requirements of this article.

I. Blasting bond and preblast inspections. When the applicant anticipates that blasting operations will be necessary in order to perform the permitted work, an executed blasting bond shall be submitted with the application as set forth in § 303-44M of this article. The Township shall determine the amount of the blasting bond. In addition, the Township shall also determine the need for preblast inspections of structures or facilities which may be affected by the permitted work. Costs for said inspections shall be borne by the applicant.

J. Traffic control plan. When the applicant anticipates that it will be necessary to close a portion of a street to vehicular traffic in order to perform the permitted work, the applicant shall submit a traffic control plan with the application for review and approval by the Township prior to issuance of the permit.

K. Additional inspection fees. If the Township determines that the permitted work is of sufficient magnitude or importance to warrant assignment of one or more Township Inspectors to inspect the permitted work on a more than spot-inspection basis, the applicant shall be charged for all salary, overhead and expenses incurred by each assigned inspector, as determined by the Township in its sole reasonable discretion.

L. Authorization to begin work. Upon application duly made in accordance with the regulations set forth in this article, a permit will be issued by the Township subject to this article and the conditions contained on the permit and its attachments and supplements. Receipt of an approved permit shall be deemed the applicant's authority to proceed with the work and shall also serve as a receipt for the fees accompanying the application. The permittee shall provide the Township 24 hours' notice prior to the physical start of work. In the event of a detour, the permittee shall provide seven days' written notice in advance of the road closure.

M. Work completion notification. The applicant shall notify the Township within 48 hours of the completion of all work.

N. Additional deposits and fees. Should the costs of restorations and/or inspections completed by the Township exceed the amount of the deposit or bond, the applicant shall, upon written notification by the Township, reimburse the Township within 30 days of receipt of said notification for any portion of the costs associated with the inspections and/or restorations not covered by the deposit or bond.

O. Return of deposit or bond. When the Township permits the applicant to make the restorations in accordance with the requirements of § 303-45 of this article, the Township shall, within six months of written notification of completion of final restoration, return the portion of the deposit or bond, other than the bond of a public utility corporation set forth in Subsection G above, which was being held as a guaranty for the performance of said restorations.

§ 303-43 Emergency work.

A. Permit administration procedure. Emergency repairs involving the placing of public utility facilities or the 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 shall immediately notify the Township when the necessity for an emergency repair occurs. If the Township office is closed, the utility shall notify the Township immediately upon the opening of the Township office.

(2) The following information is to be communicated to the Township:

(a) The date the emergency work was started.

(b) The time emergency work was started.

(c) The location of the emergency work site.

(d) A complete description of the emergency work.

(3) A regular permit shall be applied for within 48 hours to confirm and set forth, in detail, any emergency work performed.

(4) All work performed shall conform to the regulations set forth in this article.

B. Exceptions. Emergency repairs to utility facilities within the right-of-way do not require an emergency notification in the following instances; however, the provisions contained in PennDOT Publication 213 shall be adhered to:

(1) Accessing the utility facility through a manhole.

§ 303-44 General permit conditions.

The following conditions shall apply to permits issued pursuant to this article:

A. Scope of permit. The permit shall be binding upon 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 agents, contractors and successors.

(2) The permit shall be located at the work site and shall be available for inspection by the Township.

(3) The permit shall be maintained as a permanent record and remain in effect, subject to the permit conditions and regulations set forth in this article, as long as the facilities authorized by the permit occupy the right-of-way.

(4) Responsibility for compliance with the terms of the permit cannot be assigned or transferred by the permittee without first obtaining approval from the Township. Any facility installed under the authority of said permit shall be subject to removal or relocation by the Township, or by its designee, at the expense of the permittee.

B. Additional restrictions. All work authorized by the permit is subject to:

(1) All applicable federal, state and Township laws, ordinances, rules and regulations, including but not limited to:[1]

(a) The act of October 26, 1972 (P.L. 1017, No. 247) (53 P.S. § 1611)[2], as amended, concerning environmental control measures related to pollution and the preservation of public natural resources.

[2] Editor's Note: Said 53 P.S. § 1611 was repealed 5-15-1998 by P.L. 358, No. 57, § 6(a).

(b) The act of December 10, 1974 (P.L. 852, No. 287) (73 P.S. §§ 176 through 182), or as amended, concerning protection of the public health and safety by preventing excavation or demolition work from damaging underground utility facilities.

(c) Occupational Safety and Health Administration (OSHA) construction safety and health regulations, 39 FR 22801, June 24, 1974, as published in the Federal Register (29 CFR 1796.1 et seq.) or as amended and 29 CFR 1926.1 through 1926.1051, or as amended.

[1] Editor's Note: Original Subsection B(1)(a), which immediately followed this subsection, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

(2) Any rights of any person.

(3) The conditions, restrictions and provisions of the permit.

C. Township standards.

(1) 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 and standards 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 by the Township, shall immediately take the necessary steps, at its own expense, to place the work in condition to conform to such requirements or standards.

(2) Whenever any requirement or standard of the Township is superseded by a requirement or standard of the federal government or of the Commonwealth of Pennsylvania, the requirement or standard of the federal government or of the Commonwealth of Pennsylvania, as applicable, shall apply.

D. Permittee responsibilities.

(1) The permittee shall be responsible for all costs and expenses incident to or arising from the permitted work, including the prescribed fees for the same, 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 regulations set forth in 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 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 that 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, any attorney of any court of record shall be authorized to appear and to enter an amicable action of ejectment and confess judgment against the permittee, and the Prothonotary 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 excavations or openings, in the opinion of the Township, remain open for an unreasonable period, the permittee, if so directed, shall refill the excavations or openings, and work shall not be resumed until the permittee is prepared to proceed immediately with the work to its completion. In the event that the permittee fails to refill the excavations or openings 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. Failure to reimburse the Township within 30 days of notification will constitute a consent to the Township to recover the amount to be reimbursed, plus an administrative fee of 10%, against the posted surety bonds.

(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 § 303-44 of this article, 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. Failure to reimburse the Township within 30 days of notification will constitute a consent to the Township to recover the amount to be reimbursed, plus an administrative fee of 10%, against the posted surety bonds.

E. Altering vegetation prohibited. This permit does not authorize the permittee to cut, remove or destroy trees or shrubbery within the right-of-way unless specifically noted on the permit.

F. Altering drainage prohibited.

(1) Unless specifically authorized by the permit, the permittee shall not:

(a) Alter the existing drainage pattern or the existing flow of drainage water.

(b) Direct additional drainage of surface water toward, onto or into, or in any way affect the street right-of-way or street facilities.

(2) The issuance of a permit does not authorize the permittee to direct, divert or otherwise drain surface waters over the property of any other property owner.

(a) The issuance of a permit does not in any way relieve the permittee from acquiring the consent, permission or other authorization from any property owner who may be adversely affected by drainage alterations.

(b) The permittee is responsible for any damage caused to any private or public property as a result of work done under the permit.

G. Equipment damage to street or sidewalk.

(1) To protect the pavement, sidewalk 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, sidewalk 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, sidewalk or shoulders, the permittee shall restore the pavement, sidewalk or shoulders to their former condition, at the permittee's expense.

H. Traffic protection and maintenance. Maintenance and protection of traffic shall be carried out in accordance with the requirements of PennDOT as set forth in Publication No. 208, Publication No. 213 and Publication No. 408, Section 901.

(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. At a minimum, a traffic control narrative will be required. A site-specific plan may be required, at the Township's discretion, when the nature of the work and/or site conditions warrant special considerations. Detours should be avoided where practical. If necessary, a detour plan shall be submitted to the Township and approved by the Township before the detouring of any traffic. The plan should include a seven-day advance notification to roadway users via signing and notification to impacted agencies (police, fire, school, etc.) of the planned closure.

(2) Warning signs per PennDOT Publication No. 213 and the traffic control plan shall be placed in advance of the actual operation in such a manner as to be visible to the traveling public. Dropoffs shall be protected per PennDOT Publication No. 408, and barricades with adequate illumination shall be provided and maintained as necessary.

(3) Designated employees of the permittee shall be assigned by the permittee to direct one-lane traffic. Flagmen shall be provided as specified in the permit and in accordance with PennDOT Publication No. 208 and Publication No. 213.

(4) The permittee shall maintain access to all properties at all times. Traffic within the work area shall not be stopped in any direction for longer than five minutes.

I. Streets under construction. No permit application will be approved for occupancy of a section of right-of-way within which a street construction or reconstruction project is under way or, if a contract for such a project has been let, until the project is completed and accepted by the Township. The provisions of this subsection shall not apply:

(1) In case of emergency, in which case the permittee shall procure the consent of the Township to do such work as deemed necessary to correct the existing emergency condition in accordance with § 303-43 of this article relating to emergency work; or

(2) Where the permittee has been authorized by the Township to relocate or adjust its facilities simultaneously with such street construction.

J. Sharing facilities.

(1) Subsurface. The application shall identify any other utility's facility that will be sharing a trench or structure with the applicant's facilities.

K. 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 or employee of the permittee or other 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 regulations set forth in this article; and from the failure, during the two-year period after completion of the permitted work, 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.

L. Insurance. The permittee shall submit to the Township a certificate of insurance for public liability and property damage, naming the Township an additional insured and 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.

M. Blasting. No pre-drilling 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 of Pennsylvania, conditioned that the Township will be saved harmless from any damages whatsoever to the improved area and all other private and public property 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 building or structure, a detailed plan of excavating, shoring, blasting and backfilling procedures shall be submitted with the application to the Township for review and approval. The Township may require pre-blast inspections to be made of all structures or facilities which, in its opinion, may be affected by the permitted work.

(3) Only controlled blasting, as specified in PennDOT Publication No. 408, shall be permitted within the improved area.

N. Maintaining structure or facility. As long as the permittee operates and leaves in place any structure or facility in, upon or along the right-of-way, the permittee shall maintain and keep it in good order and repair.

O. Damaged structure or facility. 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.

P. Damage to street.

(1) 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 area adjacent to the area of the permitted work, the permittee shall have absolute responsibility to make all temporary and permanent restoration, including restoration of the adjacent area if it has also failed.

(2) If there is a failure of the street, including slope or any other appurtenance thereto, in the area adjacent to the immediate area of the permitted work within two years after the completion of the permitted work and there is no similar failure of the street in the area of the permitted work or beyond the area adjacent to the area of the permitted work, it shall be presumed that the work done by the permittee was the proximate cause of the failure, and the permittee shall be responsible to make all temporary and permanent restoration unless the presumption is rebutted by clear and convincing evidence.

(3) Where the permittee has the responsibility to restore the street, including slope or any other appurtenance thereto, under any of the above provisions, including instances where a presumption of responsibility has not been rebutted, the permittee shall have the duty to restore the improved area in accordance with the original permit. If the permittee fails to restore the improved area properly, the Township shall have the authority to do the work at the permittee's expense, using Township employees and equipment and/or by contractor, as determined by the Township in its sole discretion. The permittee shall reimburse the Township for the costs within 30 days after receipt of the Township's invoice. Failure to reimburse the Township within 30 days of notification will constitute a consent to the Township to recover the amount to be reimbursed, plus an administrative fee of 10%, against the posted surety bonds.

Q. Future street changes. If at any time in the future the street in which a permitted structure or facility is installed or constructed is altered for public convenience or necessity, the owner of the facility shall, at its own cost and expense, change or relocate all or any part of the structure or facility authorized by the permit which interferes with such street alterations or which is inconsistent with the purpose of the street alterations.

R. 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 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.

S. Clean up. The work area shall be swept clean of debris at the conclusion of each workday and at the end of the project. Mud shall not be tracked onto the streets at any time.

§ 303-45 Special conditions: subsurface operations.

A. Drilling, boring, driving or tunneling across improved area.

(1) 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 street and its swale ditches.

(a) The facility may be placed by tunneling when authorized by the permit. When tunneling, after the facility is placed the hole shall be backfilled with 1:3:6 concrete of dry consistency and tamped.

(b) Wet boring is prohibited.

(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 a lesser 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. Such facilities shall comply with applicable provisions of PennDOT Design Manual, Part 5.

B. 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 is not feasible because:

(a) The subsurface is solid rock.

(b) There are other facilities located longitudinally under the improved area, and their location precludes methods other than trenching.

(c) Adjacent development in a very congested urban area makes the construction of a tunneling or boring shaft impossible.

(d) The Township determines that the disruption to traffic and length of exposure will be minimal.

(3) When trenching is specified in the permit and the utility facility is to be placed across the street in one piece, the trenching operation shall be performed by the following method:

(a) Traffic shall be routed over 1/2 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 this section, relating to special conditions: subsurface operations.

(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 this section, relating to special conditions: subsurface operations.

C. Installation while street closed. If the Township determines that the duration of the trenching operation can be minimized by allowing a temporary closure of the street, the entire cartway may be opened to install the facility. The permission to do so must be stated on the permit.

D. Trench openings parallel to street.

(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 the cartway, unless the permit authorizes a lesser clearance, with a minimum depth of three feet from the surface to the top of the facility.

(2) On an unpaved street, the near edge of the trench opening shall be at least 12 feet from the general center line of the traveled street or as authorized in Subsection I of this section.

(3) No trench opening shall be left open 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.

E. Plates or bridging required. Except for emergency repairs of utility facilities or as set forth on the permit, 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 a minimum of 18 inches from each edge of the opening and shall be secured in a safe manner.

F. Plowing installation of utility facilities.

(1) No plowing shall be permitted within the right-of-way, unless authorized by the permit.

(2) Plowing operations will be authorized only in unpaved shoulders.

(3) Plowing operations are not allowed from November through March, inclusive, unless authorized by the permit.

(4) No plowing shall be permitted within three feet from the edge of the cartway. A greater distance shall be attained wherever possible.

(5) The opening shall be a minimum depth of three feet. If this depth cannot be consistently maintained, the proper depth shall be achieved by trenching.

(6) The utility facility shall be installed under any structures that are less than three feet deep. All disturbed structures shall be repaired or replaced by the permittee.

(7) The disturbed area shall be restored in conjunction with the plowing operation. If heaving occurs, the disturbed area shall be reshaped, backfilled with No. 2RC aggregate and compacted until the disturbed area is restored to a condition equal to that which existed before plowing.

G. 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 street 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.

H. Backfilling. All openings made in the cartway or in paved shoulders shall be backfilled by the permittee in accordance with the following minimum standards:

(1) The opening shall be backfilled with No. 2RC aggregate, compacted in not more than six-inch layers, with approved vibratory compaction equipment.

(2) Compaction shall be completed to the bottom elevation of the existing pavement.

(3) Temporary or permanent restoration shall be placed at the end of each working day.

I. Restoration of roadway surface. Restoration of pavement shall be done in accordance with the following as specified on the permit.

(1) Permanent restoration. Prior to replacement of the pavement, one foot from each edge of the trench shall be saw-cut, in a neat straight line, to the bottom elevation of the existing asphalt, and the detached material shall be removed. Drilling shall not be permitted. All material shall comply with PennDOT Form 408.

(a) A minimum of six inches of 2A modified stone base shall be placed and compacted with approved vibratory compaction equipment. A Class 4 geotextile shall be placed if one existed. Replace pavement base drain, if encountered beneath the existing pavement.

(b) A minimum of six inches of Superpave asphalt mixture design, HMA base course, PG64-22, 0.3 to 3 million ESALs, 25 mm mix shall be placed on the stone subbase. Increase the depth, if necessary, to match the existing bottom of bituminous pavement.

(c) The top wearing coat of the adjacent pavement shall be saw-cut an additional one-foot width for a depth of 1 1/2 inches. A minimum of 1 1/2 inches of Superpave Asphalt Mixture Design, HMA wearing course, PG64-22, 0.3 to three million ESALs, 9.5 mm mix, SRL M shall be placed on the base course. A tack coat shall be placed between the two surfaces if the wearing course is not immediately placed on the base course.

(d) The edges of the repair shall be sealed with the type and class of material designated for the surface course for a width of 12 inches centered on the repair joint in accordance with PennDOT Publication No. 408.

(2) The Township may require modified specifications if it is determined during construction that the existing road section is different from the specifications listed above in this subsection. If a concrete road base is located below the asphalt roadway, the trench restoration must include a concrete base of similar depth and material.

(3) Temporary restoration.

(a) Temporary restoration. The 2RC aggregate backfill material shall be placed in accordance with Subsection H of this section with a surface of a two-inch compacted cold patch asphalt. The Township may require the temporary restoration to be made and kept in place for up to 60 days after backfilling the trench to allow for final settlement through actions of weather and traffic.

(4) Weather pending, the permanent restoration shall be made within 60 days of roadway opening. Outside air temperatures at time of permanent restoration shall comply with PennDOT Publication No. 408 specifications. The contractor shall not excavate a trench for the purpose of installing underground utility service outside the designated envelope for paving season unless it is an emergency.

J. Shoulder restoration.

(1) Paved and stabilized shoulders shall be restored in accordance with roadway restoration section listed above.

(2) Unpaved shoulders.

(a) Retained material which complies with PennDOT Publication No. 408 may be used for backfill, up to within 18 inches of final grade. The final 18 inches of backfill shall consist of No. 2RC aggregate, compacted in not more than six-inch layers, with approved vibratory compaction equipment. The width of the shoulder shall be no less than four feet.

K. Appurtenances to underground installations.

(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 as to prevent washouts.

(3) Where practical, avoid placement of manholes, valve covers, etc., within the wheel path.

L. Additional restoration.

(1) All disturbed portions of the street, including all appurtenances and structures, such as guide rails or drain pipes, shall be restored to a condition equal to or better than that which existed before the start of any work authorized by the permit.

(2) If the permittee opens the street pavement, whether to install a new facility or to modify an existing facility or for any reason, and the wearing course is less than seven years old, the permittee shall, in addition to the minimum restoration conditions outlined in this section of this article, overlay the entire street pavement in accordance with the following conditions, unless the Township, in its sole discretion, grants written permission to the permittee to overlay less than that required:

(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 lane(s) in which the opening was made, for the entire length of street that was opened.

(b) When two or more transverse trench openings are made by the permittee 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 the street between such openings.

(3) Regardless of the age of the wearing course, 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, if the Township determines that the present serviceability of the street has been impaired by the openings.

(4) Any lawn area disturbed as part of the work shall be restored to the condition prior to the start of work.

(a) A minimum of six inches of screened topsoil shall be placed at all locations of lawn restoration.

(b) Disturbed areas shall be permanently stabilized with quality seed mixture and straw mulch. Seed mixture shall match existing grass type.

(c) Erosion control blanket shall be placed on all slopes that are 3:1 or greater. Blanket must be placed on all areas where erosion occurs or on locations specified by the Township.

(d) All wheel ruts created by the construction shall be restored to the condition prior to the start of work.

§ 303-46 Special conditions: aboveground facilities.

A. General rule. Permits shall not be issued to install aboveground facilities which the Township determines to have a high accident potential.

B. Location of aboveground facilities.

(1) New poles, guys and other aboveground facilities shall be installed outside the street's clear roadside area as near the right-of-way line as practicable, in accordance with PennDOT Design Manual, Part 5.

(2) Replacement of poles, guys and other aboveground facilities shall comply with PennDOT Design Manual, Part 5.

(3) Installation of poles, guys and other aboveground facilities in locations where highway curb exists shall comply with PennDOT Design Manual, Part 5. Utility poles should generally be located behind sidewalk.

C. Location of wires, cables or conductors. Provide vertical clearances for all wires, cables or conductors as required by the National Electrical Safety Code. For those wires, cables or conductors which overhang any portion of the right-of-way, provide a minimum vertical clearance of 18 feet over the roadway or shoulders.

D. Guys.

(1) Guys shall be placed so as to avoid interference with vehicular or pedestrian traffic.

(2) Guys shall be insulated or grounded in compliance with the National Electrical Safety Code.

E. 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.

§ 303-47 Record examination.

All permit records, restoration records and emergency work records shall be made available for examination upon request of the Township.

§ 303-48 Enforcement; violations and penalties.

A. Enforcement. Any violation of the regulations set forth in this article shall constitute grounds for imposition of any or all of the following penalties:

(1) Upon receipt of verbal or written notice of any violation(s) from the Township, 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 shall commence in the permitted area until the violation(s) has been remedied. Where the permittee has received verbal notice of the violation(s), written notice shall be sent to the permittee within five days of receipt of the verbal notice.

(2) Confiscation of the applicant's permit or emergency permit card by the Township.

(3) Revocation of the applicant's permit or emergency permit card by the Township.

(4) Removal by the utility facilities' owner of facilities installed without a permit or in violation of the regulations set forth in this article.

B. Penalties. Any person who shall violate any provision of this article shall, upon conviction thereof in a summary proceeding before a Magisterial District Judge, be sentenced to pay a fine of not more than $600, together with costs of prosecution. The continuation of such violation for each successive day shall constitute a separate offense, and the person or persons allowing or permitting the continuation of a violation may be punished as provided above for each separate offense.