[HISTORY: Adopted by the Board of Supervisors of Scott Township
as indicated in article histories. Amendments noted where applicable.]
[Adopted 10-10-1995 by Ord. No. 1-1995]
As used in this article, the following terms shall have the
meanings indicated:
The area within the right-of-way lines of any Township highway
and any highway constructed in accordance with plans and specifications
approved by the Township and also such portion of any state or county
highway as may be located between the curbs or the edge of the paving
and the right-of-way lines thereof.
Any individual, firm, corporation, association or partnership.
It shall be unlawful for any person or persons, firm, association
or corporation to open or break the surface of the ground within the
boundaries of any public highway, road, street, avenue, public lane,
public alley, sidewalk or footpath for the purpose of installing pipes,
sewers, drains or conduits of any description, for making connections
therewith or repairs thereto; or for the setting or planting of telephone,
electric light or other poles, or for repairs thereto or renewals
thereof; or to break the surface of any improved sidewalk or curb
for the purpose of building any driveway apron across the same or
for any other purpose without first obtaining from the Township a
permit therefor before such work is begun and complying with the other
requirements herein specified. It shall also be unlawful for any person
or persons, firm, association or corporation to install or reinstall
curbing or excavate without first obtaining a permit from the Township.
Before such a permit is issued and said work begun, a written
application on a blank form to be furnished for that purpose by the
Township Secretary must be filed with the Township Secretary, setting
forth the purpose for which said highway, road, street, avenue, public
lane, public alley, sidewalk or footpath is to be opened, excavated
or occupied and the location of said proposed work; and in such application
the applicant shall agree to assume all liability for all or any damages
to person or property accruing to the public or to said Township which
may or might result from the opening, excavating or occupying of said
highway, road, street, avenue, public lands, public alley, sidewalk
or footpath. In case of necessity for emergency opening, a permit
must be obtained within 72 hours after start of the work.
Said application must be signed and filed, together with a bond
payable to the Township in the amount required by the Township but
not less than $1,000, with surety approved by the Township, conditioned
to save the Township from loss or damage to its property and conditioned
to indemnify the Township against any and all claims, demands, suits
or actions for damages sustained to persons or property by reason
of anything done in pursuance of the permit. Where the applicant is
an individual residential lot and homeowner and said home is used
for his primary residence, the bond requirements may be waived where
the reasonable cost of the work to be performed does not exceed $500.
Furthermore, the applicant shall, if required, file with the Township
a certificate showing that the applicant has obtained from a reputable
company a policy of insurance with limits of $50,000/$100,000 for
public liability and $25,000 for property damage against any claim,
demand or action for damages either to person or to property and against
any loss by reason of any suit, action, claim, payment or demand made
by anyone by reason of anything done by the applicant in pursuance
of said permit. Public service corporations, municipal corporations,
political subdivisions and other public entities may be exempted from
filing said bond and producing evidence of liability insurance upon
the filing of a sufficient agreement and covenant with the Township,
indemnifying it from all losses by reason of any suit, action, claim,
payment or demand and specifically from losses for failure to make
adequate repairs and replacements in accordance with standards and
conditions set by the Township Engineer.
At the time of the filing of the application, the applicant
shall, in addition to the permit fee hereinafter required, pay fees
for the following construction and inspection activities and other
operations as set from time to time by resolution or ordinance of
the Board of Supervisors.[1]
A.
Unimproved surface. For openings and excavations in an unimproved
surface, there shall be an inspection fee for each 100 square feet
or fraction thereof in excess of the first 100 square feet, for which
no inspection fee will be charged.
B.
Improved surface. For each opening or excavation in an improved surface,
there shall be a repaving and inspection fee for each square foot
or fraction thereof. There shall be a minimum charge for any opening
or excavation in an improved surface.
C.
Poles. For the erection of poles in new locations, there shall be
an inspection fee for each pole. No fee will be charged, however,
where a pole is installed merely as a replacement of a pole previously
erected.
D.
Curbs. A construction and inspection fee shall be charged equal to
the actual cost of the work done by the Township for resetting curbs,
making cuts in curbs for roof drains and installing new curbs. Where
curbs are set or reset by the permittee, there shall be an inspection
fee as set by regulation, and all work must conform to standards set
by the Township Engineer.
E.
Closing road to traffic. For closing a road to traffic, there shall
be an inspection fee for each hour for the first 24 hours and for
each day or fraction thereof subsequent to the first 24 hours.
F.
Occupying permit area. For occupying the permit area with building
or construction materials or carrying on other operations therein,
there shall be a fee for the first 24 hours and a fee for each day
thereafter.
G.
Special inspections. For special inspections, there shall be a fee
for each hour or fraction thereof of the time the Township Engineer
is engaged in such work.
H.
Traffic handling. There shall be a service charge for each hour or
fraction thereof of the time each police officer is engaged in traffic
handling requiring services of Township police.
[1]
Editor's Note: The current Fee Schedule is on file in
the administrative offices of the Township.
A.
Upon the filing of the application and the certificate of insurance
where required and the payment of the fee or fees hereinabove required
and, in addition, the payment of a permit fee, as set from time to
time by resolution or ordinance of the Board of Supervisors,[1] the Township Secretary shall issue a permit, which unless
stated to be for a shorter period shall be good for 30 days and may
be renewed for a like period upon payment of a renewal fee. The permit
shall at all times be kept in the possession of a competent person
actually engaged on the work and upon demand shall be exhibited to
any police officer or duly authorized employee of the Township, county
or state.
[1]
Editor's Note: The current Fee Schedule is on file in
the administrative offices of the Township.
B.
The filing of an application for the installation or repairing of
pipes, sewers, drains, conduits, sidewalks, curbs, driveways and driveway
aprons within the right-of-way area and similar structures or for
erecting or replacing poles shall constitute an agreement that the
applicant will, upon notice from and without expense to the Township,
make such changes in the location thereof as may be required by the
Township Engineer.
C.
No permit fee paid under this article shall be considered to be in
lieu of any annual license fee required to be paid or which may at
any time be required to be paid by ordinance of Scott Township.
All work performed hereunder shall be subject to the inspection
and approval of the Township Engineer. Whenever the Township Engineer
shall consider it necessary or advisable, he shall appoint a special
Township inspector to inspect the work as it progresses. All such
work shall conform to the following requirements:
A.
Commencement of work. All work shall be undertaken within the time
specified in the permit or within 24 hours after receipt of the permit
where no time for commencement is specified and shall be performed
diligently and continuously until completed.
B.
Closing permit area to traffic. In no case shall a permit area or
any part thereof be closed to traffic without the written consent
of the Township Engineer.
C.
Tunneling under an improved surface. Whenever in connection with
any work covered by this article a tunnel is to be made under an improved
surface, this fact shall be disclosed in the application. Before a
tunnel is excavated, specific approval must be obtained from the Township
and endorsed upon the permit. The backfilling of the excavation shall
not be done except in the presence of a special Township inspector.
It shall be made with a 2RC modified stone, thoroughly tamped in four-inch
layers, or according to a similar method approved by the Township
Engineer.
D.
Backfilling excavations. All openings or excavations shall be backfilled
promptly with 2RC modified stone (excavated materials shall not be
used for backfill unless approved, in writing, by the Township Engineer);
thoroughly compacted in layers, each of which shall not exceed four
inches in depth; and shall be tamped to within 10 inches of the surface
or backfilled according to a similar method approved by the Township
Engineer. Puddling or jetting shall not be used unless approved, in
writing, by the Township Engineer.
E.
Sidewalks and gutters. Sidewalks, gutters, paving and other improvements
shall be restored by the applicant to a condition equal to or better
than that existing before the opening or excavation was made and in
accordance with the Township plans and specifications for these items.
F.
Temporary paving. A temporary paving of modified stone materials,
thoroughly bound and compacted and covered with compacted asphaltic
concrete (cold patch), shall be installed flush with the surface of
the adjoining paving. The applicant shall keep and maintain such paving
in proper condition until such time as the permanent paving is installed.
If the applicant fails to install such temporary paving within a reasonable
time after completion of the improvement or fails to properly maintain
such paving, the Township shall perform the work and charge the cost
thereof to the applicant.
G.
Permanent paving. Permanent paving shall be installed within a reasonable
period of time after installation of the temporary paving but not
sooner than 90 days after completion of the backfilling operation.
If within one year after the installation of the permanent paving
defects appear therein resulting from defective backfilling by the
applicant, the applicant shall reimburse the Township for the cost
of all necessary repairs to the permanent paving. (A one-year maintenance
bond secured by sufficient surety to be used to make any necessary
repairs to the area of newly installed permanent paving may be required
at the determination of the Township Engineer.)
H.
The surface of an improved curb may be broken or cut down to within
two inches of the gutter, but no sidewalk shall be depressed or sloped
at driveways for driveway purposes.
A.
Lines and grades. The Township Engineer shall furnish information
as to lines and grades for the new construction of sidewalks, curbs,
drains and driveway aprons within a permit area. Repair and replacement
shall be in accordance with requirements of the Township based on
standards set by the Township Engineer. No work shall be performed
therein which does not conform to such lines and grades.
B.
Curbs. The construction and resetting of concrete curbs and the making
of cuts therein shall be performed in accordance with Township standards
and specifications.
C.
Driveways. Driveways shall be constructed across the permit area
at the grade of the sidewalk and meet the grade of the curb. Curbs
may be depressed no less than one inch and no more than two inches
above the surface of the road. Sidewalks shall be continued across
driveways. Driveway aprons shall meet sidewalks level as near as possible
but shall not vary vertically by more than plus or minus 1/4 inch.
D.
Drains. No storm, roof, swimming pool, sump, air-conditioning, driveway,
parking lot, gasoline or service station, used car lot, car wash or
other drain shall be constructed or maintained which discharges water
over or upon any sidewalk. Where required by the Township in accordance
with standards of the Township Engineer, such drains shall extend
to a storm drainage facility. The Township, at the direction of the
Township Engineer, may require drainage facilities to be installed
by the property owner to accommodate any of the above water sources
which discharge over or upon the permit area. Such drains shall be
constructed under the sidewalk. Where the outlet of a drain is adjacent
to a storm sewer, connection shall be made thereto. Waste from sinks
or cesspools and foul or offensive drainage shall not be discharged
upon any highway or into storm drains.
E.
Pipes. Property owners shall keep free of obstructions all existing
gutter pipes under driveways which receive or carry water within a
permit area. No permits will be issued for replacement or new installations
of gutter pipes under driveways.
F.
Specifications and regulations. All work performed within a permit
area shall conform to the Township specifications and regulations
on file in the administrative offices of the Township.
All measurements required to be made in applying the above fees
shall be made by the Township and shall include any enlargement of
openings which may be required to be made as an incident of the repair
of such paving.
It shall be the duty of the applicant to furnish to the traveling
public suitable protection surrounding the location of all openings,
excavations, stored materials and buildings or other structures within
the permit area by means of suitable flags and barricades, supplemented
where necessary by yellow flashing lights, which shall be kept operative
from sunset to sunrise, or to provide such other means of protection,
including one or more flagmen to direct traffic, as may be required
by the Township Engineer.
The filing of an application by a public service corporation
and the issuance of a permit for installing water or gas pipe or conduit
for electric wires or for the erection of an electric light, telephone
or any other pole shall constitute an agreement on the part of the
applicant that it will at any time thereafter, upon notice from the
Township, at its own expense, make such change in location or construction
of such pipe, conduit or pole as may be required.
All telephone, electric light and similar poles erected within
the boundaries of any public highway, road, street, avenue, public
lane or public alley in Scott Township shall be lettered or stenciled
with the initials of the owners or with some other designation of
ownership, together with a number for the same. A complete record,
showing the location and number of each pole in Scott Township, shall
be filed with the Township Secretary.
No paper, trash, rubbish, ashes, junk, waste or discarded materials
of any kind shall be thrown, deposited or dumped in any ditch or gutter
or any public highway, road, street, avenue, lane, alley, sidewalk
or footpath nor on any public place in Scott Township.
No building or construction materials or facilities for building
construction shall be permitted to occupy any area within an improved
road surface or obstruct any sidewalk so that free passage of not
less than four feet in width shall be maintained at all times nor
shall such materials be permitted to be placed within 25 feet of any
fire hydrant or be mixed upon an improved surface or left within the
permit area after the expiration of the permit.
No gasoline pumps, oil tanks, walls, fences, posts, stones,
planting, shrubbery or similar obstructions shall be placed within
the permit area. Any such obstructions shall be removed promptly by
the property owner whenever written notice to remove the same is give
by the Township Engineer. If the owner fails to comply with such notice,
the Township shall remove the obstruction and charge the cost thereof
to the owner.
The standards and specifications for constructing sidewalk,
curb and gutter paving; penetration macadam, bituminous concrete and
cement concrete street paving; sanitary sewers and stormwater sewers
in Scott Township shall be those approved by the Township Engineer.
Any person who shall violate any provision of this article shall,
upon conviction thereof, be subject to a fine not to exceed $1,000
plus costs of prosecution and, in default thereof, shall be imprisoned
for a term not to exceed 30 days.
[Adopted 6-21-2017 by Ord. No. 6-21-17B]
It shall be unlawful hereafter for the tenant, occupant or owner
of any land on any street in the Township of Scott where there is
a sidewalk abutting said land to permit snow, sleet or ice to remain
upon said sidewalk for a period longer than 24 hours after said snow,
sleet or ice ceases to fall or form thereon.
It shall be unlawful for any person to shovel, plow or cause
snow to be placed upon any sidewalk or any street within the Township
of Scott.
Any person violating any provision of this article shall, upon
conviction thereof, forfeit and pay the sum of not less than $25 and
not more than $300, which shall be recoverable before any Magisterial
District Judge in the same manner as provided for the enforcement
of summary offenses under the Pennsylvania Rules of Criminal Procedure.
All fines and penalties shall be forthwith paid to the Treasurer of
Scott Township. Each day's continuance of a violation of this
article shall constitute a separate offense.
A.
If the
tenant, occupant or owner of said land permits or causes said snow,
sleet or ice to remain upon or to be put upon a sidewalk in violation
of this article, the Township of Scott may, but shall not be required
to, cause such snow, sleet or ice to be removed, and shall charge
said tenant, occupant or owner with the costs of removal thereof,
together with a penalty of $25, which cost and penalty shall be collected
from the tenant, occupant or owner in an action brought before a Magisterial
District Judge in the same manner provided for the enforcement of
summary offenses under the Pennsylvania Rules of Criminal Procedure.
The Scott Township Police as well as the Scott Township Code
Enforcement Officer shall have authority to determine if a violation
of this article has occurred and to impose fines, costs and penalties
in accordance with the provisions herein. All notices of violation
shall include an instruction that, if the tenant, occupant or owner
pays the fines, costs and penalties stated on the notice of violation
within 48 hours of the issuance of the notice, the Township will forgo
prosecution of the violation.
