[HISTORY: Adopted by the Board of Supervisors of the Township
of Robinson as indicated in article histories. Amendments noted where
applicable.]
[Adopted 1-2-2001 by Ord.
No. 1-2001]
The following words and terms, when used in this chapter, have
the following meanings, unless the context clearly indicates otherwise:
The date on which the Township records that permitted work
appears to be completed under the permit.
The area surrounding the immediate area of the permitted
work, which can reasonably be assumed to have been affected by the
permitted work.
Material used to replace or the act of replacing material
removed during construction.
The layer or layers of specified or selected material or
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, as water, street or railway, which has a track
or passageway for carrying traffic or other moving loads and having
an opening measured along the center of the pavement of more than
20 feet between supports.
The office which administers this chapter; Robinson Township,
located at 8400 Noblestown Road, McDonald, PA 15057.
The portion of right-of-way beyond the pavement edge.
A structure under the pavement with an opening of 20 feet
or less measured along the center of the pavement.
The Township of Robinson or its representative.
To send traffic by a circuitous route around a portion of
a street that has been closed.
An unforeseen occurrence or combination of circumstances
which calls for immediate action or remedy.
Township form used relating to emergency work.
Repair to a utility facility undertaken to repair damage
resulting from a vehicle accident or collision with the facility,
a failed component or storm damage. The term does not include service
connections or disconnections unrelated to vehicle accidents, a failed
component, or storm damage.
Township of Robinson Engineer.
Machinery and equipment, together with the necessary supplies
for upkeep and maintenance, and tools and apparatus necessary for
the proper construction and completion of the work.
A pavement structure which maintains intimate contact with
and distributes loads to the subgrade and depends on aggregate interlock,
particle friction and cohesion for stability.
A mixture of cement, water and sand.
The area within the right-of-way which has been constructed
for street purposes, including roadbed, pavement, shoulders, slopes,
sidewalks, drainage facilities and other appurtenances.
The Township's authorized representative assigned to
inspect permit operations.
The combination of subbase, base course and surface course
placed on a subgrade to support the traffic load or distribute it
to the roadbed, or both. The term normally includes the traveled portion
of the street and extends to the face of the curb in a curbed section.
The term does not include shoulders.
A natural person, firm, copartnership, association, corporation,
authority, or legal entity.
Drawings which show the location, character and dimensions
of the proposed occupancy and related street features, including layouts,
profiles, cross sections and other details.
Direct burial of a utility line by means of a plow-type mechanism
which breaks the ground, places the utility line and closes the break
in the ground in a single operation.
A Pennsylvania Department of Transportation publication containing
the street construction specifications, as supplemented.
The area which has been acquired by the Township for street
purposes.
A pavement structure which distributes loads to the subgrade
having as one course a Portland cement concrete slab of relatively
high bending resistance.
The graded portion of a street within top and side slopes,
prepared as a foundation for the pavement and shoulder.
A thin treatment consisting of bituminous or other approved
material, usually with cover aggregate, applied to a surface course.
A material meeting specifications in Section 703.3 of Department
of Transportation Publication 408.
The existing improved or graded portion of the street, contiguous
to the traffic lanes, for accommodation of stopped vehicles, for emergency
use, or for lateral support of base and surface courses of pavements.
Any Township street, alley or other Township thoroughfare
located in the Township of Robinson, and established for the use of
vehicles and pedestrians
The layers of specified or selected material of designed
thickness placed on a subgrade to support a base course.
The top surface of a roadbed upon which the pavement structure
and shoulders, including curbs, are constructed.
Soil, granular material or shale meeting specifications in
Section 206.2 of Publication 408.
An amendment to a street occupancy permit.
One or more layers of a pavement structure designed to accommodate
the traffic load, the top layer of which resists skidding, traffic
abrasion, and the disintegrating effects of climate. The top layer
is sometimes called the "wearing course."
An application of bituminous material to an existing surface
to provide bond with a superimposed course.
An exploratory opening of less than 100 square inches.
Township of Robinson.
A person owning a utility facility, including any wholly
owned or controlled subsidiary.
Privately, publicly or cooperatively owned lines, facilities
and systems for producing, transmitting or distributing communications,
power, electricity, light, heat, gas, oil, crude products, coal, water,
steam, waste, stormwater not connected to the Township drainage facilities,
and other similar commodities, including fire and police signal systems
and streetlighting systems, which directly or indirectly serve the
public or any part thereof.
Every device which is or may be moved or drawn upon a street.
It is in the public interest to regulate the location and construction
of facilities and other structures within Robinson Township streets
and rights-of-way for the purpose of insuring the structural integrity
of the street, economy of maintenance, preservation of proper drainage
and safe and convenient passage of traffic. Nothing contained herein
is intended to relax existing safety requirements under local, state
and or federal law.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
It shall be unlawful, except as provided in Subsections A through
C, that work be performed within the right-of-way involving the placing
of utility facilities or other structures or opening of the surface
without first obtaining a permit from Robinson Township.
A.
A permit application is not required for modifying parts of existing
permitted facilities, such as cable within conduit, crossarms or transformers
on poles, or manhole riser rings prior to roadway resurfacing, if
no surface opening is required.
B.
Permit applications are not required for stringing overhead utility
lines.
C.
Permit applications are not required for accessing an existing utility
facility through a manhole.
D.
All applications shall be submitted in the name of, and executed
by, the owner, or a legal representative in case of a corporation.
An application may not be submitted in the name of contractors of
the owner or operator.
E.
An applicant under this chapter shall provide satisfactory evidence
to the Township of ability to completely discharge construction, maintenance
and financial duties imposed by this chapter. An applicant shall provide
satisfactory evidence that the proposed application will not be inconsistent
with the structural integrity of the right-of-way, the Township's
maintenance responsibilities, or the safe and convenient passage of
traffic. The Township may require security, including, but not limited
to:
(1)
Executing indemnity agreements satisfactory to the Township.
(2)
Obtaining insurance in a form and amount acceptable to the Township.
(3)
Obtaining surety bonds in a form and amount acceptable to the Township
to guarantee restoration of the permitted area in a manner satisfactory
to the Township for a period of at least two years after the acknowledged
completion of the permitted work.
(4)
Depositing sufficient currency in an escrow account acceptable to the Township to fully secure the obligations in Subsection E(3) as an alternative to the obtaining of the surety bonds.
(5)
The use of bonded contractors as well as consultants and engineers
having professional liability insurance.
(6)
An applicant shall submit a detailed traffic control plan for permitted
work.
(7)
The permit is nontransferable.
(8)
Payment of all required fees.
A permit application shall be submitted to the Township of Robinson,
8400 Noblestown Road, McDonald, PA 15057 during normal working hours.
The permit application shall be submitted at least 30 days prior to
the anticipated start of work.
Required permit application information:
A.
Shall be submitted in person or by mail on a properly completed Township
of Robinson street opening permit form.
B.
Shall be signed by the applicant.
C.
Shall include at least two sets of plans, detailing the location
and pertinent horizontal and vertical dimensions of the opening, the
proposed installation and related street features, including specific
street location, center line, edges of pavement, outside edges of
shoulders, curbing, street drainage structures and right-of-way lines.
D.
Shall be accompanied by a check or money order, payable to the Robinson
Township, in the appropriate amount, as set forth in the schedule
of fees for street opening permits.
E.
Shall identify consulting engineers performing work related to the
application. The consulting engineer shall also sign the application.
F.
Plans depicting occupancy of more than 200 feet of pavement or shoulder,
or both, shall have a horizontal scale of one inch equal to 50 feet.
Plans depicting other occupancy of the pavement or shoulder shall
specify dimensions from the near edge of the pavement.
G.
Plans depicting installation or replacements of a facility involving
more than 100 feet of pavement or shoulder opening shall identify
utilities and other structures within the right-of-way that will be
affected by the proposed occupancy, and shall include typical cross
sections at each significant change in street cross-section features.
H.
Verification that the Pennsylvania "One Call" System has been contacted.+
A traffic control plan shall be submitted with the application
in the following manner:
A.
The applicant shall submit a traffic control plan for the Township
approval whenever it will be necessary to close a portion of a travel
lane during active work in progress, or during hours of darkness without
work in progress and or whenever it will be necessary to completely
close a street to perform the permitted work.
B.
A traffic control plan shall clearly indicate how the work area,
vehicular and pedestrian traffic will be protected, maintained and
controlled. Two copies of a detailed drawing, showing actual site
conditions and the necessary traffic control requirements for the
specific project.
The applicant is responsible for the accuracy of the information
submitted to the Township, including the application, plans, drawings,
reports and correspondence.
A.
Penalty for falsifying application. Information provided in applications
shall be accurate. Section 4904 of the Crimes Code[1] (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 a written false
statement which the person does not believe to be true. The Township
will examine and determine the genuineness, regularity and legality
of every application, and may reject an application if not satisfied
as to its genuineness, regularity or legality, or the truth of a statement
contained in the application. The Township may also make investigations
and require additional information as it deems necessary.
[1]
Editor's Note: See 18 Pa.C.S.A. § 4904.
B.
Debarred persons. The Township may debar a person, including permittees,
consultants, contractors, and their employees, agents, successors
and assigns, from placing a facility, working within any street or
right-of-way under permit, directing work, or having involvement in
a permit issued or an application submitted under this chapter, for
one or more of the following.
(1)
Unsatisfactory past performance, as documented by records, reports
or performance ratings.
(2)
Failure to complete permitted work under the permit and this chapter,
as documented by records, reports or performance ratings.
(3)
Bribing, attempting to bribe or giving gratuities to a Township employee
or a permit inspector.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Application fees charged to defray costs incurred by the Township
in reviewing and processing the applications and plans, including
the preliminary review of the site location identified in the application,
whether or not a permit is issued and processed shall be as set by
resolution of the Board of Supervisors for the following:
A.
Application fee.
B.
Supplement fee (each six-month time extension) (each submitted change).
C.
Emergency permit card (each card).
D.
General permit inspection fees. General inspection fees charged to
defray costs incurred by the Township in spot inspections of permitted
work or subsequent inspections after the permitted work has been completed
and to monitor compliance with the permit and this chapter shall be
as follows:
(1)
Surface openings. This fee is calculated on the total linear feet
of the opening being permitted with different areas of the right-of
way.
(a)
Total linear feet of opening (each 100-foot increment or fraction
thereof), opening in pavement or opening outside pavement and shoulder.
(2)
Surface opening of less than 36 square feet — for example,
service connections performed independently of underground facility
installation, pipe line repairs (each opening), for the following:
(4)
Crossings (for example, overhead tipples, conveyors or pedestrian
walkways, and undergrade subways or mines).
E.
Exemptions. Permit application fees and general permit inspection
fees are not required from the following:
(1)
The commonwealth.
(2)
The installation or maintenance of streetlighting at the request
of the Township.
(3)
The replacement or renewal of utility facilities prior to Township
maintenance project after notice from the Township.
(4)
The removal of poles and attached appurtenances.
(5)
Facilities moved at the request of the Township.
F.
Additional application fee. If the Township anticipates that the
cost of reviewing the required application information or inspecting
the permitted work will exceed the application or inspection fees
listed in this section by a significant amount, the following additional
fees will be assessed:
(1)
Additional application fee. The Township will estimate the additional
amount of salary, overhead and expenses and prepare a reimbursement
agreement for execution by the applicant. Township review of the permit
application will commence on the effective date of the agreement.
(2)
Additional inspection fees. If the Township determines that the permitted
work is of sufficient magnitude or importance to warrant assignment
of one or more persons to inspect the permitted work on a more than
spot inspection basis, the permit will so indicate and the permittee
shall be charged for additional salary, overhead and expenses incurred
by the Township for inspection.
(3)
Charge calculation. The charges will be calculated either on an actual
cost basis or a standard unit cost basis.
(4)
Invoices. The Township will provide an itemized invoice for additional
fees owed to the Township.
G.
Refunds. The Township will refund the general permit inspection fees
on unused permits. To be eligible to receive a refund, the permittee
shall deliver the request with the permittee's copy of the permit
to the issuing officer on or before the permit expiration date.
H.
Miscellaneous fees. The applicant shall pay for notary and recording
costs if it is determined by the Township that the permit shall be
recorded in the County Office of Recorder of Deeds.
I.
Any and all fees may be amended or adjusted by resolution of the
Township Supervisors.
A.
General rule. Upon approval of an application submitted under this
chapter, a permit will be issued by the appropriate office, subject
to this chapter and the conditions contained in the permit and its
attachments and supplements. The permit shall be the applicant's
authority to proceed with the work specified in the permit. A copy
of the permit and relevant plans shall be available at the work site
for review.
B.
Permit requiring agreement/security. If the permittee will be authorized
to perform a substantial amount of work within the right-of-way, the
Township may, at its discretion, require the applicant to execute
an agreement or provide security, or both, as a prerequisite to issuance
of the permit. If security is required, it shall be delivered to the
Township in a form and amount acceptable to the Township and shall
guarantee restoration and maintenance of the street for a period of
at least two years after the acknowledged completion of the permitted
work. If the security is executed by a company registered and authorized
to do the business in the commonwealth, the following documents are
acceptable forms of security:
C.
Permit issued only to applicant. A permit will only be issued to the applicant as described in § 373-3 (relating to permit application procedure).
D.
Permit supplements. The permittee may request a supplement to the
permit in writing, to amend a permit condition, such as revising the
traffic control plan or extending the permit expiration date. A permit
is valid for a six-month period, or multiples thereof as specified
on the permit, subject to the following conditions:
(1)
If the permittee has not completed authorized work by the completion
date specified on the permit; an application shall be submitted requesting
a time extension on the permit.
(2)
If approved, a supplement to the permit authorizing a new completion
date will be issued by the Township.
(3)
No extension of the permit will be authorized unless the permittee
obtains an extension on the duration of a bond, insurance or other
security required under this chapter, which extension of the bond,
insurance or other security corresponds with the permit time extension.
The permittee shall provide evidence of the extension to the Township.
(4)
No work may be performed on an expired permit until a time extension
supplement or new permit is obtained.
(5)
No time extension supplement will be issued for a request received
more than 30 days after the expiration of the permit. In that case,
an application for a new permit may be submitted to the district office.
(6)
Work completion notification. When permitted work has been completed,
the permittee shall notify, in writing, the Township Office.
A.
General rule. Emergency repairs involving the placing of facilities
or opening of the surface with in the right-of-way may be performed
prior to obtaining a permit if the following procedure is adhered
to:
(1)
Utility owners or operators may obtain emergency permit cards by submitting an application, on company stationary, to the Township. The application shall be accompanied by a check or money order, in the amount specified in § 373-8 (relating to permit fees). The utility facility owner or operator shall promptly notify the Township Office by telephone, when the necessity for an emergency repair occurs during the hours of 7:00 a.m. to 3:00 p.m., Monday through Friday. Emergency work occurring at other times shall be reported to the Township Office on the following workday.
(2)
Prior to opening the surface of or placing utility facilities within
a right-of-way, the utility work crew shall enter the following information
on the emergency permit card in legible handwriting, using indelible
ink:
(3)
The completed, original emergency permit card shall be located at
the work site and shall be available for the inspection by any police
officer or representative of the Township. Reproduced copies of the
original card shall not be valid.
(4)
A permit shall be applied for within 15 days to confirm and set forth,
in detail, any work performed. The applicant shall then enter the
application number on the emergency permit card.
(5)
Work performed under authority of an emergency permit card shall
conform to this chapter.
B.
Use of card. An emergency permit card shall be valid for one year
or 25 emergency repairs, whichever occurs first.
(1)
Emergency permit cards may be obtained by submitting an application
to the Township Office listing thereon the number of emergency permit
cards desired.
(2)
The utility shall be responsible for assigning the proper emergency
permit cards to its work crews.
(3)
An emergency permit card shall be returned to the Township Office
within 15 days after either the 25th repair authorized by the card
or one year from the card issuance date, whichever occurs first.
The following conditions apply to permits issued under this
chapter:
A.
Scope of permit. The permit is binding upon the permittee, its agents,
contractors, successors and assigns.
(1)
The permittee is responsible for causing compliance with the terms
and conditions of the permit by its employees, agents and contractors.
(2)
The permit shall be located at the work site and be available for
inspection by a police officer or a representative of the Township.
(3)
The permit shall be maintained by the permittee as a permanent record
and remain in effect, subject to the permit conditions and this chapter,
as long as the permittee's facilities authorized by the permit
occupy the right-of-way.
(4)
Responsibility for compliance with the terms of the permit may not
be assigned or transferred by the permittee without first obtaining
approval from the Township. If a permit is assigned or transferred
without first obtaining approval from the Township, the assignment
or transfer is void. The permit assigned or transferred also becomes
void. A facility installed under the authority of the permit shall
be subject to removal at the expense of the applicant to which the
permit was issued or its assignees, or both.
(5)
The permittee is liable to the Township for failure to comply with
the permit and this chapter. The liability of the permittee to the
Township does not preclude the permittee or the Township from bringing
an action against the permittee's contractor, subcontractor,
engineer, architect, assignee, agent, workers, employees or other
persons.
B.
Additional restrictions. Work authorized by the permit is subject
to:
C.
Work to conform to the Township standards. Work shall conform to
the Township standards, including the following:
(1)
The work shall be done at a time and manner consistent with the safety
of the public and conform to the requirements and standards of the
Township, including, but not limited to, Department of Transportation
Publication 408.
(2)
Street materials shall be obtained from the Department of Transportation
approved sources, which are identified in the current PennDOT publication
numbers 34, 35, 41, and 42. Upon request, the permittee shall make
available for review certifications for backfill and restoration materials
placed within the improved area.
(3)
If it is found by the Township that the work is not being done or
has not been properly performed, the permittee shall promptly take
the necessary steps, at its own expense, to place the work in condition
to conform to the requirements or standards.
(4)
If a dispute arises between the permittee and the Township's
Inspector, the Township Inspector has the authority to suspend work
until the question at issue may be referred to and decided by the
Township Office.
(5)
Work not specifically regulated by this chapter shall be performed
as authorized by the Township.
D.
Permittee responsibilities. Permittee responsibilities include the
following:
(1)
The permittee shall pay the costs and expenses incident to or arising
from the project, including the prescribed fees for the project, the
cost of making and maintaining temporary restoration of the disturbed
areas and making permanent restoration. The permittee shall reimburse
the Township for inspection costs, which the Township deems necessary
to incur, within 30 days after receipt of the Township's invoice.
(2)
In the event of failure or neglect by the permittee to perform and
comply with the permit or this chapter, the Township may invoke any
or all of the following remedies which are not mutually exclusive
and may invoke such other remedies as are otherwise available or provided
for in this chapter, as well as such other remedies and/or sanctions
as are available at law or in equity; immediately revoke and annul
the permit and order and direct the permittee to remove structures,
equipment or property belonging to the permittee or its contractors,
or both, from the legal limits of the right-of-way and to restore
the right-of-way to its former condition; if the Township determines
that the structures, equipment or property pose a threat to the public
safety and the permittee fails to remove it after notice from the
Township to do so, the Secretary or its Solicitor, or any attorney
of a court of record is authorized to appear for the permittee, and
to enter an amicable action of ejectment and confess judgment against
the permittee; additionally, the attorney or Solicitor is authorized
to issue, forthwith, a writ of possession with a clause of fieri fascias
for costs and expenses, without leave of court.
(3)
At the end of a workday, an opening in the right-of-way shall be
covered, backfilled or protected. If work is stopped on a project,
other than at the end of a normal workday, the permittee shall promptly
backfill the opening and restore the surface, and work may not be
resumed until the permittee is prepared to proceed with the work to
its completion. If the permittee fails to backfill the opening or
proceed until completion of the work, the Township reserves the right
to do the work upon notice to the permittee, where practicable, and
shall be reimbursed for the costs by the permittee within 30 days
after receipt of the Township's invoice.
(4)
If the permittee, after making an opening in the surface to place
or repair a facility or for another purpose, fails to restore a portion
of the right-of-way to conform with this section the Township reserves
the right to do the work upon notice to the permittee, if practicable,
and the permittee shall reimburse the Township for the costs within
30 days after receipt of the Township's invoice.
(5)
If backfill or restoration work will be performed for the permittee
by a contractor, the permittee shall identify to the Township both
its contractor and its inspector-in-charge who shall be assigned to
monitor backfill and restoration work performed within the improved
area. The permittee's inspector-in-charge, as well as the permittee,
is responsible for ensuring work is performed in compliance with the
permit, this chapter and Publication 408.
(6)
The permittee shall notify the Township at least three full work
days prior to the start of work when the permit identifies that the
permitted work will be inspected on a more than spot inspection basis.
E.
Altering drainage prohibited. Altering drainage shall be prohibited
by the following conditions:
F.
Equipment damaging streets. A street shall be protected in accordance
with the following:
(1)
Work not specifically regulated by this chapter shall be performed
as authorized by the Township.
(2)
Permittee responsibilities. Permittee responsibilities include the
following:
(a)
To protect the pavement and shoulders, equipment shall have
rubber wheels or runners and have rubber, wood or similar protective
pads between the outriggers and the surface unless otherwise authorized
by the permit.
(b)
If other than rubber equipped machinery or equipment is used,
the pavement and shoulders shall be protected from equipment damage
by the use of matting or other suitable protective material, unless
the permittee requests, in writing, a waiver from the use of protective
material, thereby acknowledging its obligation and commitment to repair
or reconstruct the pavement and shoulder, if damaged, to its former
condition.
(c)
If the equipment damages the pavement or shoulders, the permittee
shall restore the damaged pavement or shoulder, or both, to its former
condition, in a manner authorized by the Township Office.
(d)
The Township Office may authorize the permittee to restore the
pavement or shoulder from superficial surface damage with a seal coat
or surface treatment.
G.
Work zone traffic control. Maintenance and protection of traffic
shall be carried out by the permittee under 75 Pa.C.S.A. § 6123
(relating to erection of traffic control devices while working), the
approved traffic control plan and the applicable provisions of ordinance
203 (relating to work zone traffic control).[4]
[4]
Editor's Note: So in original.
H.
Streets under construction. No permit application will be approved
for occupancy of a section of right-of-way within which a street or
reconstruction project is underway, or if a contract for such a project
has been let, until the project is completed and accepted by the Township,
unless the application is accompanied by an attested certificate signed
by the contractor or other authority constructing the project, consenting
to the proposed work of the applicant within the right-of-way, together
with a waiver, release and quitclaim to the Township of damages and
defenses for delays by reason of that work and occupation of the right-of-way
by the permittee, or from a cause resulting by reason of that work
and occupation. This subsection does not apply:
(1)
To an emergency. In an emergency, the permittee shall procure the
consent of the Township to do the work as deemed necessary to correct
the existing emergency condition.
(2)
If the permittee has been authorized by the Township to relocate
or adjust its facilities simultaneously with street construction.
I.
Indemnification. Indemnification of the Township for property and
personal injury will be governed as follows:
(1)
The permittee shall fully indemnify and save harmless and, if requested,
defend the Township, its officers, agents and employees, of and from
liability for damages or injury to persons or property in a claim
or suit seeking to impose liability on the Township, its officers,
agents or employees, arising out of an act or omission of a contractor,
agent, servant, employee or person engaged or employed in, about or
upon the work, by, at the instance of or with the approval or consent
of the permittee, including a failure of the permittee or a person
to comply with the permit or this chapter.
(2)
The permittee shall have the Township added as an additional insured to its or its contractor's insurance policy to secure the permittee's indemnification of the Township for property damage and personal injury under this subsection. The coverage of the Township as an additional insured shall be limited to the acts or omissions of the permittee or its contractor, as described in Subsection I(1). The amount of insurance shall be at least $250,000 per person and at least $1,000,000 per occurrence, or other statutory limitations on damages as the Township Supervisors may establish. The policy shall be of a duration satisfactory to the Township.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
J.
Insurance. The permittee shall obtain, prior to the start of work,
a policy of insurance, issued by an insurer having a certificate of
authority and a licensed agent authorized to transact the business
of insurance in this Township, in accordance with the following conditions:
(1)
The permittee or its contractor shall obtain insurance for public
liability and property damage, in form, amount and duration satisfactory
to the Township to cover a loss that may be incurred for construction,
reconstruction, repair, relocation or installation of the permitted
structure or facilities.
(2)
Upon request, the permittee shall deliver to the Township Office certificates of insurance evidencing that the insurance coverage required under Subsection J(1) has been obtained. The Township may accept a formalized plan of self-insurance as a substitute for the insurance described in this subsection.
(3)
The permittee's obligations to indemnify the Township and obtain insurance to secure indemnification under Subsection I and its obligation to restore the streets and obtain a bond relating to restoration under Subsection M are separate obligations from obtaining insurance for the purposes required under this subsection. Obtaining insurance under this subsection does not relieve the permittee of its obligations under Subsections I and M.
K.
Maintaining structure or facility. As long as the permittee operates
and leaves in place structures or facilities, in, upon or along the
right-of-way, the permittee shall maintain and keep them in good order
and repair.
L.
Damaged structure or facility to be repaired. If a structure or facility becomes damaged, the permittee shall promptly have it removed, repaired or otherwise made safe. The permittee is responsible for repair or restoration of the portion of the street damaged by a structure or facility. The permittee's obligation to repair or restore the street necessitated by a damaged structure or facility under this subsection is separate from the obligations to restore the street and obtain a bond relating to restoration and maintenance of the street. Compliance with Subsection M does not relieve the permittee of its obligations under this subsection.
M.
Damage to street. Responsibility of the permittee for restoration
of the street includes the following:
(1)
If there is a failure of the street, including a slope or other appurtenance
thereto, in the area of the permitted work within two years after
the acknowledged completion of the permitted work and there is no
similar failure of the street beyond the area of the permitted work,
the permittee has absolute responsibility to make temporary and permanent
restoration of this area unless the permittee delivers clear and convincing
evidence to the Township Office demonstrating that the street failure
was caused by another person.
(2)
In a situation where the permittee has the responsibility to restore the street, including slope or another appurtenance thereto, under Subsection M(1), the permittee has the duty to restore the improved area in accordance with the permit. If the permittee fails to restore the improved area properly, the Township will have the authority to do the work at the expense of the permittee. The permittee shall reimburse the Township for the costs plus 10% within 30 days after receipt of the Township's invoice.
(3)
The obtaining of a bond, other security or an agreement described in § 373-9 to secure restoration costs does not relieve the permittee of the restoration obligations imposed by Subsection M(1) and (2), nor does it relieve the permittee of its obligations under Subsections I and J. The obtaining of a bond, other security or an agreement will not act as a release of the permittee from liability under principles of tort law with respect to a failure of the street in the permitted area occurring after the expiration of the bond, other security or agreement.
N.
Future street changes. If in the future the street is altered for
public convenience or necessity, the permittee shall, at its own cost
and expense, change or relocate all or a part of the structures or
facilities authorized by the permit which interfere with the street
alterations or which are inconsistent with the purpose of the street
alterations.
O.
Acknowledgment by inspector. Acknowledgment by the Inspector of the
Township that all or part of the permitted work has been completed
does not constitute approval or acceptance of the work or agreement
that work was performed in accordance with the permit. Acknowledgment
of completion by the Township will not 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 area. Drilling,
boring, driving or tunneling across improved areas shall comply with
the following conditions:
(1)
When crossing under an improved area, the opening for a utility facility
shall be drilled, bored, driven or tunneled a minimum depth of three
feet from the surface to the top of the opening.
(a)
If the facility or its casing is 30 inches or greater in diameter,
the bored cylindrical space surrounding either an uncased facility
or a facility casing shall be filled with grout, in a manner authorized
by the Township Office.
(b)
Jet or other nonmechanical boring methods are prohibited. Water
may be used under low pressure only to cool the drill bit and to facilitate
removal of cuttings from the bore opening, if retrievable liquid is
immediately removed from the boring pit.
(2)
No openings for the purpose of placing utility facilities or other
structures under the improved area by drilling, boring, driving or
tunneling may be made closer than three feet to the edge of the shoulder,
unless the permit authorizes a lesser clearance.
(3)
A facility or other structure crossing under the improved area shall
be constructed 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.
B.
Trenching across the improved area. Trenching across an improved
area may be performed only when specifically authorized by the permit,
in accordance with the following:
(1)
The top of every utility facility shall be installed at least three
feet beneath the surface.
(2)
Trenching across the improved area may be authorized by the permit
where drilling, boring, driving or tunneling are:
(a)
Not feasible because:
[1]
The subsurface is solid rock, as documented with satisfactory
evidence, such as drill records, or where boring was attempted without
success.
[2]
There are other facilities located longitudinally under the
improved area and their location precludes methods other than trenching,
as documented with a detailed plan.
[3]
Adjacent development in a very congested urban area makes the
construction of a tunneling or boring shaft impossible.
(3)
When trenching is authorized by permit, the trenching operation shall
be performed by one of the following methods:
(a)
Utility facility placed in one piece across street.
[1]
Traffic shall be routed over 1/2 of the pavement width.
[2]
The closed half of the pavement shall be opened to the required
depth and bridged with steel plates.
[3]
Traffic shall be shifted to the bridged half of the pavement.
[4]
The remaining half of the pavement shall be opened to the required
depth.
[5]
The facility shall be placed full width.
[6]
The open trench shall be backfilled and restored half-width
in accordance with this section.
[7]
Traffic shall be shifted to the restored half of the pavement.
[8]
The bridging shall be removed and the remaining half of the
trench shall be backfilled and restored in accordance with this section.
(b)
Utility facility placed in more than one piece across street.
[1]
Traffic shall be routed over 1/2 of the pavement width.
[2]
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 this section.
[3]
Traffic shall be shifted to the restored half of the pavement.
[4]
The remaining half of the pavement shall be opened to the required
depth, the facility placed and trench backfilled and restored in accordance
with the provisions of this section.
(4)
The permittee shall protect its openings to provide for the safety
of the traveling public, including motorists, bicyclists and pedestrians.
(5)
Openings parallel to the street. Requirements for openings parallel
to the street are as follows:
(a)
A utility facility shall be placed outside the pavement and
shoulder unless there is no feasible space outside the pavement and
shoulder for placing the facility, in which case occupancy within
the pavement or shoulder may be authorized by the permit.
(b)
The top of a utility facility shall be installed at least three
feet beneath the surface.
(c)
On an unpaved street, the near edge of the of the opening shall be at least 12 feet from the general center line of the traveled street, or as authorized in Subsection B(5)(a).
(d)
No opening may be made for more than 200 linear feet at one
time unless authorized by the permit.
(6)
The permittee shall protect its openings to provide for the safety
of the traveling public, including motorist, bicyclist and pedestrians.
(a)
Daily stoppage of work requirements. Daily stoppage of work
requirements include the following:
[1]
Except for emergency repairs of utility facilities, work within
the pavement or shoulder shall be stopped prior to peak traffic hours
that may exist on a particular street on a particular day and as specified
in the permit.
[2]
At the end of each workday, an opening in the right-of-way shall
be the following:
[a]
Covered with steel plates or bridging over openings
which are less than six feet in either length or width. 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.
[b]
Backfilled to the bottom elevation of the pavement
or base course, or to the original surface elevation if outside the
pavement and shoulder, and protected under Ordinance 203 (relating
to work zone traffic control)[1] and an approved traffic control plan until the surface
is restored to its former condition.
[1]
Editor's Note: So in original.
(7)
Disposition of materials. The responsibility of the permittee for
disposition of materials is as follows:
(a)
The permittee shall keep the improved area free of material,
which may be deposited by vehicles traveling upon or entering onto
the street during the performance of work authorized by the permit.
(b)
The permittee is responsible for controlling dust conditions
created by its own operations.
(c)
Excess material and material that is not suitable for backfill
shall be promptly removed and properly disposed of outside the right-of-way
as the work progresses.
(d)
Other material shall be stored under § 373-11 (relating to general requirements), and so that there will be no interference with the flow of street progresses.
(e)
The permittee is not authorized to close a portion of the pavement
or shoulder to traffic for the primary purpose of storing material.
If the permittee stores material on the pavement or shoulder, the
permittee thereby acknowledges its obligation and commitment to repair
or reconstruct the pavement and shoulder, if damaged, to its former
condition, in a manner authorized by the Township. Delivered material
may not be stored overnight on the pavement.
(f)
The Township may authorize the permittee to restore the pavement
or shoulder from superficial damage with a seal coat or surface treatment.
(8)
Backfilling. An opening shall be backfilled by the permittee in accordance
with the following:
(a)
The opening may first be backfilled with fine aggregate material,
meeting the requirements of Section 703.1 of Publication 408, or granular
material to protect the facility, placed to a height not to exceed
one foot over the top of the facility, if the material is compacted
in not more than four-inch loose layers. To protect the facility the
permittee is to place a permanent colored ribbon at least one foot
above its facility.
(b)
The opening shall then be backfilled with select granular material
or other coarse aggregate material meeting the requirements of Section
703.2 of Publication 408 is specified in the permit. Select granular
material or other aggregate material will be required for use as backfill
of openings in pavements, paved shoulders and improved (for example,
oil and chip) shoulders within four feet of the edge of pavement.
(c)
Backfill shall be compacted as follows:
[1]
General rule. Except as provided in Subsection B(8)(c)[2], backfill material shall be placed in loose layers not to exceed eight inches if vibratory compaction equipment is used or as authorized under Publication 408. Each layer shall be thoroughly compacted to preclude subsidence, under Section 601.3 (e) of Publication 408.
[2]
Compaction outside pavement and shoulders. At least 15 days prior to the start of work, the applicant may submit its written compaction plan to the Township requesting backfill in an opening outside the pavement and shoulder to be placed in layers thicker than eight inches prior to compaction. The compaction plan shall include full details on equipment, materials and work methods as well as the permittee's acknowledgment of its obligation and commitment to regularly monitor the restored surface until two years after the acknowledged completion of the permitted work and to promptly correct failure or subsidence of the street. The Township may condition its approval of a compaction plan on the execution of a bond under § 373-9, Issuance of permits, if a part of the opening is within the improved area.
[3]
Existing pavement elevation. Compaction shall be completed to
the bottom elevation of the existing pavement.
(d)
The Township may require the permittee to have material proposed
for the use as backfill and compacted material tested, at the expense
of the permittee, for conformance to the applicable gradation and
compaction requirements of Publication 408.
(e)
Test holes shall be backfilled, as soon as safely possible,
with existing-type material or other material authorized by the Township,
and sealed. The Township may authorize test holes in the pavement
or shoulder to be restored without a one foot cutback of the surrounding.
(9)
Restoration of flexible base pavements. Base and surface restoration
of flexible base pavements shall be performed under this subsection
and as specified in the permit. Prior to replacement of the base course,
two feet outside of each edge of the opening shall be sawed, in a
neat straight line, to the top elevation of the existing aggregate
subbase or stone base course, and the detached material shall be removed.
Other surface opening methods, such as cutting, may be authorized
if the methods result in the opening pavement having a neat straight
vertical line.
(a)
Exposed vertical and horizontal surfaces shall be prepared under
Section 401.3 of Publication 408.
(b)
The base course shall consist of a binder course and shall consist
of ID-2 material meeting the requirements of Section 421 of Publication
408. The base course material shall have a minimum depth of six inches
or a depth equal to the existing base course, whichever is greater.
(c)
The wearing course shall consist of ID-2 material meeting the
requirements of Section 420 of Publication 408 or FJ-1 material meeting
the requirements of Section 422 of Publication 408. The wearing course
shall have a minimum depth of 2 1/2 inches or a depth equal to
the existing wearing course, whichever is greater.
(10)
Restoration of plain or reinforced cement concrete pavements.
Base and surface restoration of plain or reinforced cement concrete
pavements shall be performed under this subsection and as specified
in the permit. Drilling is not permitted where sawing or cutting is
required.
(a)
Prior to replacement of the pavement, two feet outside of each
edge of the opening shall be sawed the full depth of the pavement
in a neat straight line. The detached material shall be removed without
damaging the adjacent pavement. The use of a pavement breaker is prohibited.
The permittee may partially saw cut the pavement to a depth of at
least four inches and cut the remaining pavement with a jackhammer
weighing no more than 90 pounds if:
(b)
The replacement pavement shall consist of high early strength
concrete equal in depth to the original concrete pavement or to a
depth of eight inches, whichever is greater.
(c)
On existing reinforced cement concrete pavements that are opened
for more than six feet in either length or width, reinforcing steel,
expansion tie bolts.
(11)
Shoulder restoration. Shoulder restoration shall be performed
under this subsection and as specified in the permit.
(a)
Paved shoulders. Paved shoulders shall be reconstructed and
restored to a serviceable condition, of the same type as existed before
the start of work, under Sections 651, 653, 654, 656, 657, and 658
of Publication 408.
(b)
Other shoulders. Other shoulders shall be restored as follows:
[1]
The surface shall be restored with a least four inches of select
granular material, or as authorized by the Township.
[2]
If the length of the open shoulder exceeds 100 linear feet,
the shoulder shall be graded, rolled and, unless excused, penetrated
with bituminous material at a rate of .35 gallon per square yard and
chipped to prevent tracking of oil onto the pavement.
(c)
Outside existing shoulder. If the disturbed area extends outside
the existing shoulder, the disturbed area outside the restored shoulder
shall be properly graded and a ditch line shall be constructed wherever
necessary to maintain street drainage.
(12)
Temporary pavement restoration. Temporary restoration of a pavement
or paved shoulder may be required by the Township prior to permanent
restoration, under the following:
(a)
The base shall consist of compacted select granular material
with a surface of three-inch bituminous material. If the existing
pavement structure includes a course of subbase material, it shall
be replaced to a depth equal to the existing course depth with material
meeting the requirements of Section 350.2 of Publication 408.
(b)
Temporary pavement restoration shall be completed before traffic
is allowed to travel on the disturbed area. The temporary pavement
may be kept in place for up to four months or as specified in the
permit, it must be properly maintained.
(13)
Appurtenances to underground installations. Requirements relating
to appurtenances to underground installations shall include:
(a)
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.
(b)
The surface surrounding manhole covers located in paved shoulders
shall be paved with six inches of bituminous concrete base course
a distance of at least three feet around the structure.
(c)
A manhole, including those cast in place, shall be constructed
in compliance with current industry standards and Section 713.2 of
Publication 408.
(14)
Additional restoration. Additional restoration shall be required
as follows:
(a)
Disturbed portions of the street, including, but not limited
to, slopes and appurtenances and structures, such as guide rails,
curbs, signs, markings, drain pipes, driveways and vegetation, shall
be restored by the permittee to a condition at least equal to that
which existed before the start of work authorized by the permit. Additional
restoration may also be required, upon written notification, to restore
the structural integrity of the pavement or shoulder.
(b)
If the permittee opens pavement having a bituminous concrete
surface and the Township's wearing course is less tan 10 years
old, the permittee shall, in addition to the restoration conditions
outlined in the permit and this section, overlay the pavement in accordance
with the following conditions:
[1]
When a longitudinal opening longer than 100 linear feet has
been made in the pavement, the permittee shall overlay the traffic
lanes in which the opening was made, for the entire length of the
street that was opened, in a manner authorized by the Township.
[2]
When two or more transverse openings have been made within 100
linear feet of the pavement, the permittee shall overlay traffic lanes
in which the openings were made, for the entire length of the street
between the openings, in a manner authorized by the Township.
[3]
When three or more openings have been made by the same permittee
within 100 feet of the pavement, the permittee shall overlay traffic
lanes in which the openings were made for the entire length of the
street between the openings, in a manner authorized by the Township.
[4]
If disturbed lanes adjacent to undisturbed lanes are overlayed,
the edge of the disturbed lane shall be saw cut or milled to a depth
of two inches or the depth of the existing surface course, whichever
is less, for the length of the opening to insure a smooth joint, with
proper elevation and cross section. A full width overlay may be authorized
on various streets instead of saw cutting or milling the disturbed
lane.
[5]
If disturbed lanes adjacent to shoulders are overlayed, the
shoulder shall be raised, with material and in a manner authorized
by the Township for the type of existing shoulder, so that the overlaid
pavement and shoulder edges are at the same elevation.
(c)
Regardless of the age of the wearing course:
[1]
If more than 100 linear feet of longitudinal or transverse openings,
or both, are made in the pavement, the Township may require the permittee
to overlay traffic lanes in which the openings were made, for the
entire length of the street that was opened, if the Township determines
that the ridability or structural integrity of the pavement has been
impaired by the openings.
[2]
If three or more openings are made by the same permittee within
100 linear feet of pavement, the Township may require the permittee
to restore the entire disturbed pavement between the openings by milling,
planning or other authorized method and overlaying the entire disturbed
pavement.
(d)
If an opening is made in a bituminous concrete pavement within
two feet from edge of pavement or other longitudinal joint or opening,
the surface restoration shall be extended to the edge of the pavement
or other longitudinal joint or opening.
(15)
Sealing. Restored openings in the pavement or paved shoulder
shall be sealed under Section 401.3 of Publication 408 in the case
of bituminous concrete or Section 501.3 of Publication 408 in the
case of cement concrete.
General rule. A permit will not be issued to install aboveground
facilities at a location which the Township determines to have a high
accident potential.
A.
Location of aboveground facilities. The location of an aboveground
facility shall be:
B.
Location of wires, cables or conductors. A wire, cable or conductor
which overhangs a portion of the right-of-way shall be placed to provide
a minimum vertical clearance of 18 feet over the pavement and shoulder,
except where the National Electrical Safety Code requires vertical
clearances in excess of 18 feet due to voltage or span lengths.
D.
Identification of poles. A pole shall bear the name or initials of
the facility owner and the pole numbers assigned by the facility owner.
General rule. Violation of this chapter or the permit requirements constitute grounds for imposition of the following sanctions and/or penalties which are in addition to and not in limitation of the penalties and/or sanctions provided in § 373-11 above:
A.
Upon receipt of oral or written notice of violations from the authorized
representative of the Township or a police officer whose jurisdiction
includes the permitted work area, 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 may commence in the permitted
area until the violations have been remedied. Where the permittee
has received oral notice of the violations, written notice shall be
sent to the permittee within 10 days of receipt of the oral notice.
B.
Confiscation of the applicant's permit or emergency permit card
by any police officer or authorized representative of the Township.
C.
Revocation of applicant's permit or emergency permit card by
the Township.
D.
Removal of facilities installed without a permit or in violation
of the provisions of this chapter.
E.
Any person, firm, permittee or corporation who shall violate any
provision of this chapter shall, upon conviction thereof, be sentenced
to pay a fine of $600 per day per violation and, in default of payment,
to imprisonment for a term not to exceed 60 days.
A.
General rule. When a term or condition of this chapter cannot be
met, an applicant may request, in writing, that this Township modify
that term or condition if it is not to be required by law, under the
following:
(1)
The applicant has done all that can reasonably be done to comply
with the term or condition.
(2)
The proposed modification satisfies the intent of the term or condition
to be modified.
(3)
The proposed modification represents the minimum feasible deviation
from the term or condition to be modified.
(4)
The reason for the requested modification is infeasibility of meeting
the exact terms or conditions of this chapter rather than mere economic
benefit to the applicant.
B.
Modification granted. If a requested modification is granted, the
permit will specify the allowable modification. A permit issued under
authority of this section shall only be signed by the Chairman or
Vice Chairman of the Board of Supervisors.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
C.
Any term or condition of this chapter, as pertains to specific performance
requirements and/or specification, may be modified by resolution of
the Board of Supervisors.
If any sentence, clause, section, or part of this chapter is
for any reason found to be unconstitutional, illegal, or invalid,
such unconstitutionality, illegality or invalidity shall not affect
or impair any of the remaining provisions, sentences, clauses, sections
or parts of this chapter. It is hereby declared as the intent of the
Township of Robinson that this chapter would have been adopted had
such unconstitutional, illegal or invalid sentence, clause, section
or part thereof not been included herein.
