[Adopted 6-14-1962 by Ord. No. 692; amended
in its entirety 12-13-2021 by Ord. No. 3256]
A.
From and after the passage of this article, it shall be unlawful
for any person, firm, association, co-partnership or corporation to
make any opening or excavation, placement of any facilities, utility
poles, communication antennas, or any structure, including any boring
or placing of conduit, in, above or under the right-of-way, both the
cartway as well as any sidewalk area or grass strip that comprises
the right-of-way, for any street, alley or other Township public thoroughfare
within the limits of the Township of Whitehall unless or until a permit
is secured from the Township for each separate undertaking.
B.
Subsequent to the issuance of said permit, all inspections of work
(which include but are not limited to backfill and compaction) shall
be scheduled a minimum of 24 hours in advance through the Bureau of
Development. The contractor must obtain a PA One Call underground
utility clearance from all underground utility operators. The permit
number, type of opening, location, contractor, date and time of requested
inspection must be given at time of inspection request. Failure to
notify the Department in this manner will constitute a violation of
this article and will result in the forfeiture of the restoration
fee/deposit. An inspector will be provided by the Township and must
be present when backfill work is in progress. Subsequent to the completion
of the work, final inspection shall be required prior to the release
of any escrowed monies.
C.
To protect the road surface or pavement, the permit holder shall
obtain approval from the Township as to what type of equipment is
proposed to be used. All road openings shall be made with saw cut
or milling only as approved by the Township.
A.
At the time of making application for the permit for any such opening, excavation, locating of poles or other structures within the right of way, or boring the applicant shall pay the Township Treasurer, for the use of the Township right-of-way, permit fees in accordance with the established schedule (Chapter A29 of the Codified Ordinances). Total permit cost shall be the total of the relevant portions of the following charges, plus any franchise fee or other fee as required and permitted to be assessed to the utility or the applicant under applicable Township, state and federal laws:
B.
The Board of Commissioners may impose such fees for permits or services
hereunder as may be established, from time to time, by resolution,
as an amendment to the official fee schedule of the Township and as
required by state or federal law.
A.
Said person, firm, association, partnership or corporation at the
time of filing its application shall submit a plan drawn to scale
showing the location and dimensions of the proposed openings excavations
or occupancy, to the Township Engineer or the Mayor's designee
who is hereby authorized and directed for and on behalf of the Township
to approve or disapprove as to location, which approval or disapproval
shall be endorsed thereon. In the event the said authorities disapprove
of any plan or plans as to location of said opening or excavation,
they shall designate some other location suitable for the purposes
of the said person, firm, association, co-partnership or corporation.
In the event, however, of any emergency repair work, any person, firm,
association, co-partnership or corporation may immediately open any
streets, alleys or other thoroughfares for such repair work only,
and shall submit a plan and associated permit paperwork within 48
hours of said opening to the Township. Immediate notification to the
Township is required for all emergency openings through the Lehigh
County Emergency Dispatch system at time of opening. "Emergency" openings
are subject to the discretion of the Township and primarily only the
following circumstances will be considered "emergency" openings:
B.
All such emergency openings shall require the submission of appropriate
permits with minimum fees as noted in fee schedule and inspections
within either 24 or 48 hours of said opening. (48 hours only applicable
for weekend or holiday openings). Failure to submit required paperwork
within these time frames will result in the assessment of penalty
fees.
A.
Such person, firm, association, co-partnership, corporation or other
entity of every nature whatsoever shall, immediately upon the completion
of the work for which said street opening was made, backfill the opening
in accordance with the following requirements:
(1)
To the height within eight inches of the existing paving, backfill
shall be of crushed stone (Type 2-A Modified); and shall be placed
and mechanically tamped in layers not exceeding eight inches.
(2)
Temporary restoration: place eight inches of 19.0 MM of Superpave
Binder on top of 2A modified mechanically tamped backfill. All temporary
repair materials after final compaction shall be flush with the existing
level of the road surface.
(3)
Permanent restoration: mill 1 1/2 inches of the temporary 19.0 MM binder 12 inches beyond the trench opening and replace with 1 1/2-inch 9.5 MM of Superpave Wearing Course. Seal joints 12 inches wide with PG64-22. Sealer shall also be placed adjacent to manholes, valve boxes, curbs, etc. Backfill around structures such as inlets, manholes, etc., shall be by hand, placed in layer of eight inches (after compliance with Subsection A(1) above) and thoroughly tamped.
(4)
Portland cement concrete shall be used to restore concrete streets.
B.
Any disturbance or excavation which occurs outside of the paved surface
of the road (cartway) shall be restored to its original condition
by the permittee. This will include the replacement of any sidewalk
slabs damaged in the work, the restoration and reseeding of any grass
areas, and any other work as directed by the Township as a result
of the street opening or right of way access. Said work will include
the provision of appropriate handicap accessible ramps where affected,
even if a ramp did not previously exist at that location. Sidewalk
slabs must be replaced within 90 days of removal unless otherwise
approved by the Township. All utility pole or any other facility location,
relocation, repair, replacement or any guyed wire installation shall
not constitute an obstruction of accessible paths pursuant to the
Americans with Disabilities Act. Any obstruction in violation of the
Americans with Disabilities Act shall be cured within 30 days. In
addition, any work which involves excavation of vegetated areas shall
include the appropriate soil erosion and sedimentation control measure
implementation. This includes utility pole excavation areas, regardless
of size, and stabilization of all disturbed areas is required.
C.
The Bureau of Development (under the Department of Operations) shall
be notified 24 hours in advance of street openings or excavation.
Failure to notify the Department in this manner will constitute a
violation of this article and will result in the forfeiture of the
restoration fee/deposit. An inspector will be provided by this Department
and must be present when backfill work is in progress.
D.
Any excavation, boring, or occupancy that results in the placement
of new facilities shall not present an obstruction to handicap accessibility.
All facilities located, placed or replaced within the public rights-of-way
of the Township shall not constitute an obstruction to any accessible
path. If existing facilities are repaired or replaced, said repair
or replacement must accommodate the provision of an accessible path,
including (but may not be limited to) the updating of any existing
facilities that are not to current standards.
E.
Any excavations or openings that involve the temporary placement
of metal plates, said plates shall be pinned in place at all times
of nonwork.
F.
All necessary and required PA One Calls must be made prior to street
excavation, opening or occupancy, and will be a condition precedent
to the issuance of a permit.
G.
There shall be a maintenance period of three years for all excavations,
opening, and borings.
H.
No street, road or alley right of way may be closed to vehicular
or pedestrian traffic without prior permission by the Township, and
after all requirements of the Whitehall Township Road Closing Procedures
are met, as detailed in attached Exhibit A.[1] In addition, all detours and traffic control must be approved
by the Township prior to their implementation.
[1]
Editor's Note: Said exhibit is on file in the Township
offices.
I.
No work or materials or equipment shall block or otherwise impede
the functionality of any storm drain or storm drainage system.
J.
No equipment or materials for any work may be stored on the street
or right of way unless otherwise permitted by the Township.
K.
All saw cutting wastewater must be cleaned up and disposed of as
waste, it may not be deposited or directed into any storm drain, or
left in street to evaporate.
L.
All excavations shall have caution tape installed prior to backfilling
of the excavation.
M.
All pole or other facility location shall not obstruct an accessible
path, 'bump outs' may be required to address this issue
(at the expense of the utility owner); and any disturbance of the
sidewalk areas by the installation of poles shall be appropriately
restored within three months of the installation, unless otherwise
approved by the Township. Separate sidewalk permit shall be secured
by utility locating the facility within sidewalk area.
N.
Plot plans shall be required for all new utility pole or similar
facility prior to the issuance of permit, drawn to scale and indicating
all areas to be disturbed and dimensions of accessible paths or sidewalks
to assure no obstructions to same will occur with pole location.
O.
No power to any small cell antennas or similarly energized structure
on any Township-owned pole/structure shall be sub-fed from the existing
Township-owned power source.
P.
All poles must be documented by a pole study as capable of accepting
additional facility mounts. Any proposed mounts on Township-owned
facilities will require additional reviews and Township approval of
the "make ready" report.
A.
Public utility companies desiring to open and excavate a street shall
establish an escrow account in the name of Whitehall Township in the
amount of 10% of the total cost of the project or $1,000, whichever
is the greater. In the event that a public utility company is engaged
in two or more unrelated street opening projects, said utility company
shall execute a separate and distinct escrow account for each opening
project. A public utility company may, upon petition before the Township
Board of Commissioners, establish an annual deposit account or make
such other arrangements in such amounts as are approved by the Board.
B.
All other persons, including contractors performing work for Township
municipal authorities, desiring to open a street shall furnish a properly
executed corporate surety bond. The bond shall be executed by a reputable
surety company licensed to do business in the Commonwealth of Pennsylvania.
All bonds secured by contractors performing work under contract with
Township municipal authorities must be countersigned by the director
or chairman of the authority. Any person may, upon petition to the
Board of Commissioners, request that a deposit or irrevocable letter
of credit be established in lieu of a bond, with the same terms for
bonds set forth in this article, upon approval by the Board.
C.
In accordance with Subsection A above, all local utility companies, including but not limited to CWSA, WTA, and NBMA may, upon petition before the Township Board of Commissioners, post a properly executed corporate surety bond when performing work within the Township that requires a street opening. Local Utility Companies may make the election to post a bond in their sole discretion.
D.
Said bond and escrow account or irrevocable letter of credit shall
cover street opening work performed during the calendar year. The
bond, escrow account or irrevocable letter of credit shall be in effect
for two years after the restoration of the surface of the street.
The amount of the surety bonds shall be $1,000, unless any street
excavation or restoration work for a single project exceeds the $1,000
figure. In such event, its applicant must secure additional bonding
in an amount equal to the difference between the $1,000 figure and
the dollar amount computed in accordance with the prevailing costs
of construction, as determined from time to time by the Township Engineer.
A.
No person, firm, association, co-partnership or corporation shall
open any street, alley or other thoroughfare in the Township for new
work between the 15th day of November and the 15th day of March next
following in any year, except in case of emergency and shall make
no larger excavation than is necessary to enable them to perform their
work with proper economy and efficiency.
B.
Extensive projects or openings involving in excess of five square
yards of the streets will require additional escrow. An estimate of
the restoration deposit will be prepared by the Township Engineer
and will be required to be posted in an approved form of financial
security prior to the permit being issued, and appropriate escrow
agreement shall be executed pursuant to Whitehall Township Resolution
3136. Said projects may be overseen by the Township's inspection
agent. All inspections of the work will be required to be reimbursed
to the Township, and any amounts in excess of the original deposit
will be required to paid.
C.
Openings, individual or cumulative in excess of 40% of the original
road surface will require total overlay of the road area. In addition,
multiple openings may require a full road overlay at the discretion
of the Township.
A.
Said person, firm, association, co-partnership or corporation shall
at all times provide for the safety of the public by utilizing traffic
maintenance and protection signage and traffic control in accordance
with PennDOT's current specifications for "short-term" activities.
They shall at all times fully indemnify, protect and save harmless
the Township from and against all actions, claims, expenditures arising
from the said opening or excavation or from its neglect or failure
to do work in a good and safe manner.
B.
If at any time the excavated area shall become a hazard from any
cause whatsoever, the permit holder shall have the same repaired within
24 hours after notification from the Township.
C.
Twenty-four-hour emergency contact information must be provided to
all emergency authorities for the duration of the project.
Any person, firm, corporation, association, or organization
who shall violate any provision of this article shall, upon conviction
thereof, be sentenced to pay a fine of not more than $1,000 plus costs
or prosecution, or in default of payment of said fine and costs, to
a term of imprisonment not to exceed 30 days. Each day that a violation
of this article continues shall constitute a separate offense.
