[Amended 3-27-2017 by Ord. No. 774]
A. 
No opening or excavation shall be made, nor any gas pipe, water pipe, electric conduits, or other piping or wiring, be laid upon or in, nor in any telephone, telegraph, or electric light or power poles, or any other obstructions be erected upon or in, any portion of a Township road right-of-way, nor any driveway built, rebuilt, paved or overlaid, abutting a Township road, except under such conditions, restrictions and regulations relating to the installation and maintenance thereof, as may be prescribed in permits granted by the Township for such purposes, and in accordance with this chapter.
B. 
If the applicant performs any openings or excavations that will affect any traffic control devices, an agreement must be signed whereby the applicant agrees to indemnify, defend and hold harmless Exeter Township from any claim, suit and damage arising from or related to the actions and/or inactions of the applicant.
A. 
A permit shall be issued to the applicant after all the aforementioned requirements have been met.
B. 
The applicant or his agent(s) shall have a copy of the permit available on site at all times that work is being done, for immediate inspection by Township employees.
C. 
The permittee shall be responsible for causing compliance with all terms and conditions of the permit by its agents, contractors and successors.
D. 
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.
E. 
Compliance with PA One Call Act 121.[1]
[1]
Editor's Note: See the Underground Utility Line Protection Law, 73 P.S. § 176 et seq.
F. 
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 at the expens of the permittee.
A. 
All excavations within the right-of-way of dedicated Township roads and streets shall be backfilled with PennDOT 2A aggregate material, compacted in six-inch lifts, with two-inch depth of approved PennDOT temporary restoration material. Compaction shall be completed to the bottom of existing pavement. Temporary restoration shall be placed at the end of each working day.
B. 
The temporary restoration shall remain in place for a minimum of 60 calendar days, to allow for settlement and shall not exceed 180 calendar days.
C. 
The temporary pavement restoration shall be maintained in a smooth condition by additional application of PennDOT-approved temporary restoration material as necessary within 24 hours of verbal or written notification from the Township.
D. 
All excavations within the Township legal right-of-way shall be backfilled with PennDOT 2A aggregate material, compacted in six-inch lifts with approved vibratory compaction equipment. All proposed utilities and trenching within the dedicated right-of-way to the Township shall be backfilled with PennDOT 2A aggregate material, compacted in six-inch lifts with approved vibratory compaction equipment.
A. 
For final permanent pavement restoration, the temporary pavement restoration shall be excavated and the edges of the excavation shall be cut straight with one foot from each edge of the trench to be sawed or cut in a neat, straight line to the bottom elevation of the existing base course and the detached material shall be removed.
B. 
The permanent base course shall consist of Superpave Asphalt Mixture Design, HMA, 25.0 mm, PG 64-22 base course, and having a minimum depth of five inches or a depth equal to the existing base course, whichever is greater. If required, the permanent binder course shall consist of Superpave Asphalt Mixture Design, HMA, 19.0mm PG64-22 binder course and be placed in accordance with the depths of the existing binder course, but in no case shall the binder course be less than two and one-half inches. The permanent surface course shall be placed in accordance with the depths of the existing bituminous surface, but in no case shall the Superpave Asphalt Mixture Design, HMA, 9.5 mm, PG 64-22 wearing course be less than one and one-half inch. The edge of the repair shall be sealed with the type of class of material designated for the surface course for a width of 12 inches centered on the repair joint in accordance with PennDOT Publication 408, Section 401.3(j). The appropriate skid resistance level (SRL) and ESAL rating should be used for all PennDOT Bituminous Asphalt Mix Design Materials.
C. 
All final restoration shall be completed within a minimum of 60 calendar days and shall not exceed 180 calendar days of temporary restoration and shall be guaranteed for one year.
D. 
Where it deems necessary, the Township may require that an eight-inch thick concrete slab be placed over the excavation to prevent settlement. The slab shall extend one foot on each side of the excavation.
E. 
Lawn areas within the Township legal right-of-way shall be sodded after backfilling with PennDOT 2A aggregate material.
F. 
All disturbed portions of the street, including all appurtenances and structures such as guide rail 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.
G. 
When an opening is made within a travel lane of 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.
H. 
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.
I. 
If the wearing course is greater than three years old when both longitudinal and transverse trench openings are made in the street pavement, the Township will 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 Engineer determines that the present serviceability of the street has been impaired by the openings.
J. 
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.
K. 
The surface surrounding manhole or valve covers located in shoulders shall be paved in such a manner as to prevent washouts.
A. 
All temporary and permanent restoration shall be identified in the proper ULCC color code paint with the permit holder's name, telephone number and full date(s) of placement, both temporary and permanent.
B. 
The identification shall be placed on the existing paving next to the excavation so as to be clearly legible for easy identification from Township vehicles.
C. 
The identification shall be painted in six-inch letters.
D. 
The identification shall be placed on the near side of the excavation in the direction of travel.
E. 
Only one identification shall be painted for each excavation.
A. 
Upon completion of the work authorized by the permit, the applicant shall notify the Township to inspect the work and, when necessary, enforce compliance with the conditions, restrictions and regulations prescribed by the permit.
B. 
The applicant shall be responsible for a period of one year after inspection for corrective work where any settlement or defect in work occurs.
C. 
If the applicant shall fail to do any such corrective work upon notice from the Township to do so, the Township may do the work and shall impose upon the applicant the cost thereof, together with an additional 10% of such cost.
All work authorized by the permit is subject to:
A. 
All applicable federal, state and Township laws, ordinances, rules and regulations, including, but not limited to:
(1) 
Act No. 247, approved October 26, 1972 (P.L. 1017) (53 P.S. § 1611), as amended, concerning environmental control measures related to pollution and the preservation of public natural resources.[1]
[1]
Editor's Note: 53 P.S. § 1611, relating to environmental impact statements, was repealed in 1998 by P.L.358, No. 57, § 6(a). See now 62 Pa.C.S.A. § 3301 et seq.
(2) 
Act No. 287, approved December 10, 1974 (P.L. 852) (73 P.S. § 176 et seq.), or as amended, concerning protection of the public health and safety by preventing excavation of demolition work from damaging underground utility facilities.
(3) 
O.S.H.A. construction safety and health regulations, 39 F.R. 22801, June 24, 1974, as published in the Federal Register (29 CFR 1926.1 et seq.) or as amended.
B. 
Any rights of any person.
C. 
The conditions, restrictions and provisions of the permit.
A. 
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.
B. 
Whenever any requirement or standard of the Township is superseded by a requirement or standard of the federal government or the Commonwealth of Pennsylvania, the requirement or standard of the federal government or the Commonwealth of Pennsylvania, as applicable, shall apply.
A. 
The permittee shall be responsible for all costs and expenses incident to or arising from the permitted work, including the prescribed fees for same, the cost of making and maintaining temporary restoration of the disturbed areas and making permanent restoration. The permittee shall reimburse the Township for any and all inspection costs related to the permitted work, which the Township may deem it necessary to incur, within 30 days after receipt of the Township's invoice.
B. 
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 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 or any court of record shall be authorized to appear for the permittee, 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.
C. 
If work is stopped on a project for any reason, other than at the end of any normal work day, 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 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.
D. 
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 with the applicable sections 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.
E. 
The Township may require the permittee to have both proposed backfill material and compacted material tested for conformance to the applicable gradation and compaction requirements of PennDOT Publication 408.
(1) 
Material slips may be inspected to verify material to be used within the right-of-way is acquired from an approved source.
(2) 
Gradation tests of backfill material need to be performed in the presence of, and approved by, the Township.
(3) 
Backfill compaction tests may be required on longitudinal or transverse openings which exceed 500 total feet in length or which exceed four feet in depth and at other times when the Township believes the compaction method is not resulting in a compaction percentage consistent with Section 601.3(e) of PennDOT Publication 408 (i.e., 100% of the determined dry weight density).
The permittee shall submit to the Township Engineering office a certificate or certificates of insurance for public liability and property damage, in form and amount satisfactory to the Township to cover any loss that may be incurred for or on account of any matter, cause or thing arising out of the construction, reconstruction, repair, relocation or installation of the permitted structures or facilities.
A. 
Traffic flow shall be maintained at all times.
B. 
Road closings shall be considered only under extremely difficult conditions and on a case-by-case basis.
C. 
Flaggers shall be used when traffic is reduced to one lane, with a one-minute maximum delay in any one direction.
D. 
In all cases, the proper work zone signing in accordance with PennDOT Publication 213 shall be installed and maintained by the applicant or his agent(s).
E. 
A Township road shall not be closed without first obtaining the required Township road occupancy permit.
F. 
A Township road shall not be closed without first submitting a detour plan in accordance with PennDOT Publication 213 and obtaining approval from the Township Engineering office.
G. 
All work zone traffic control devices per PennDOT Publication 213 must be in place prior to the closure of a Township road.
H. 
All detour signs shall be maintained in proper condition at all times.
I. 
Advance notice of a minimum of 48 hours must be provided to the Township prior to the road closure.
J. 
In the case of emergencies, the above requirements may be deferred by the Township Highway Superintendent. However, all requirements shall be met on the following day.
A. 
No excavation shall be permitted in any Township road or street that has been resurfaced by a bituminous material or reconstructed within the previous three years, unless the entire cartway width is milled and overlaid with Superpave Asphalt Mixture Design, 9.5mm, HMA, wearing course, including the appropriate skid resistance level (SRL) and ESAL rating.