[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)]
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:
The area surrounding the immediate area of the permitted
work which can reasonably be assumed to have been affected by the
permitted work.
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)]
Material used to replace excavated soils or other materials
or the act of replacing material that has been removed during construction.
The layer or layers of specified or selected material of
designed thickness placed on a subbase or a subgrade to support a
surface course.
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.
That portion of a street improved, designed or ordinarily
used for vehicular travel, exclusive of the sidewalk or shoulder.
The portions of right-of-way beyond the pavement edge within
which no existing obstructions are located.
A person employed or appointed by the Township to administer
and enforce the adopted ordinances of the Township.
Any structure under the cartway with an opening of 20 feet
or less, measured along the center of the cartway.
A publication containing PennDOT's utility relocation and
accommodation policies, including any amendment thereto and any substitution
or replacement thereof.
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)]
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.
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.
The Township's authorized representative assigned to inspect
permit operations.
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.
The Pennsylvania Department of Transportation.
A street occupancy permit issued by the Township pursuant
to this article.
See the definition of "applicant" above.
Any natural person, firm, copartnership, association, corporation,
municipal authority, political subdivision or any other entity of
whatever type.
Placing utility cables underground by means of a plow mechanism.
A publication containing PennDOT's highway construction specifications,
including any amendment thereto and any substitution or replacement
thereof.
The area between the right-of-way lines of a street.
Muhlenberg Township, Berks County, Pennsylvania.
The Township-elected Commissioners of the Muhlenberg Township,
Berks County, Pennsylvania.
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.
A street under the jurisdiction of the Township, which shall
include all areas within the right-of-way thereof.
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.
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:
B.
The Township will prohibit any
work being done without a proper permit or contrary to the terms thereof
unless deemed an emergency excavation.
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.
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.
(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.
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]
(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.
(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.
(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.
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.
(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.
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.
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.
All permit records, restoration records and emergency work records
shall be made available for examination upon request of the Township.
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.