[HISTORY: Adopted by the Board of Supervisors of the Township of Straban as indicated in article histories. Amendments noted where applicable.]
[Adopted 5-30-1974 as Ord. No. 14]
[Amended 1-24-1994 by Ord. No. 49; 7-3-2017 by Ord. No. 2017-02]
The Second Class Township Code, except as otherwise provided under statute governing public utilities, having conferred unto townships of the second class the right to require permits and set conditions, restrictions and regulations for obstructions to be erected upon or in any portion of a township road, it is hereby declared necessary for the protection, benefit and safety of the general traveling public and the inhabitants of Straban Township to adopt a system of permits, fees, conditions, restrictions and regulations for the opening or excavating of the right-of-way, railroad construction and the installation of subsurface, surface or overhead wires or structures.
Editor's Note: See 53 P.S. § 65101 et seq.
For the purposes of this article, the following words and phrases shall have the meaning ascribed to them, as set forth in this article:
- The Board of Supervisors, Straban Township.
- Includes but is not limited to railroad, street railway construction or crossings; gas, water, petroleum, drain or other pipes or tubing; electric, telephone, television conduits, wiring, piping and/or poles and other overhead construction or obstructions, laid beneath, in or across the road right-of-way.
- Any individual, firm, partnership, company, corporation, trustee, association or private entity.
- Straban Township, Adams County, Pennsylvania.
- TOWNSHIP ROAD
- The legal right-of-way or any ordained township road.
- UNDERGROUND UTILITY SURFACE APPURTENANCES
- Any feature from an underground utility, including, but not
limited to, water, sewer, electric, telecommunications, and gas utilities,
that extends to the ground surface and is installed in a manner that
is level with, depressed below, or elevated above the surrounding
grade. Examples shall include, but not be limited to, manholes, valves,
access vaults, valve boxes and cleanouts.[Added 7-3-2017 by Ord. No. 2017-02]
No person shall construct any railroad or street railway, place any gas, water, petroleum, drain, electric, telephone, television or other pipe, tubing or conduits beneath, in, on or across, nor shall any telephone, telegraph, television or electric light wires or poles or any other structures or obstructions be erected on, in or over any township road, except under such conditions, restriction and regulations relating to the installation and maintenance thereof, as may be prescribed in permits granted by the township for such purposes.
The application for a permit shall be made on a form prescribed by the township, and shall be submitted to the Township Secretary, in triplicate, accompanied by an equal number of copies of a sketch or drawing, showing information as to location of the facility, in relationship to the nearest intersecting road, widths, depths, right-of-way lines and other pertinent information. The application shall be accompanied by a fee in accordance with the Schedule of Fees as may from time to time be adopted by the Pennsylvania Department of Transportation and applicable to highway occupancy permits.
Editor's Note: Current fees are on file in the office of the Township Secretary and are available for public inspection during regular business hours.
[Added 7-3-2017 by Ord. No. 2017-02]
Underground utility surface appurtenances shall not be located within the paved cartway and shoulder of existing Township roadways, proposed roadways to be dedicated to Straban Township, or proposed private roadways.
In the event that all underground utility surface appurtenances cannot be practically located outside of the paved cartway and shoulder, the following shall apply:
The location of these appurtenances must be approved by the Straban Township Board of Supervisors and the Straban Township Roadmaster.
The appurtenance must be installed flush with the roadway grade or depressed no more than 1/4 of an inch below the roadway grade.
Upon notification by Straban Township, the utility company shall, at its own cost, adjust the appurtenances within the roadway and shoulder in the event the roadway is repaved or if the Township determines adjustments are needed to the elevation of the appurtenances.
Underground utility surface appurtenances located outside of the paved cartway and shoulder but within the Straban Township right-of-way shall be subject to the following criteria:
As part of the roadway occupancy permit, a plan must be submitted to Straban Township depicting the location of all proposed underground utility surface appurtenances. The location of all appurtenances outside of the paved roadway shall be approved by the Township.
All underground utility surface appurtenances shall be installed flush to existing grade or below grade to reduce potential for being hit by plowing, grading, or mowing equipment.
At no time shall surface appurtenances be located in a manner that impedes on drainage patterns within existing roadside swales, gutters, or ditches.
Straban Township reserves the right to require flexible markers to be installed to mark the location of underground utility surface appurtenances.
Any repairs to damaged underground utility surface appurtenances that were installed after the effective date of this section and were not installed in accordance with this section shall be the responsibility of the utility company that owns said appurtenances. This includes damage to the appurtenances that result from normal roadway maintenance activities (plowing, mowing, grading, etc.).
Upon completion of the work, the permittee shall give written notice to the township.
Inspection of the completed work shall be made by the Board of Supervisors or its authorized representative. When conditions are found not in accordance with the permit, then the township shall, in writing, notify the permittee of the noncompliance and request remedy within 60 days. If the permittee fails to rectify the defect within 60 days, then in such case, the township may do the work and shall impose upon the permittee the cost thereof, together with an additional 20% of such costs.
[Amended 1-24-1994 by Ord. No. 49]
[Amended 1-24-1994 by Ord. No. 49]
Any person violating this article shall, upon a summary conviction before a District Justice, be sentenced to pay a fine of not more than $1,000 and costs of prosecution, or shall undergo imprisonment for not more than 30 days, or both.
[Adopted 10-7-2019 by Ord. No. 2019-02]
As used in this article, the following terms shall have the meanings indicated:
- The Engineer of Straban Township.
- A cavity formed by cutting, digging or scooping.
- NEWLY PAVED STREET
- Any street within the Township that has been paved, repaired, or otherwise opened or excavated by the Township or an authorized agent of the Township within the last two years from the date of adoption of this article.
- Any person to whom a permit may be issued under the terms of this article.
- Any individual, partnership, firm, corporation, association, trust, estate, or any other legal entity or their legal representatives, agents or assigns. The masculine includes the feminine, the singular shall include the plural where indicated by context.
- The paved area of any public street, highway, sidewalk, alley, avenue or other public grounds within the Township.
It shall be unlawful for any person to make any opening or excavation in any right-of-way of the Township unless and until a permit therefor has been issued as hereinafter provided. The Zoning Officer shall be responsible for the issuance of permits under the conditions of this article and upon consent from the Township Engineer or Township Roadmaster. The Zoning Officer shall have the right to refuse to issue such permit whenever in his judgment such opening or excavation would be hazardous or otherwise undesirable under the circumstances for which the particular permit has been requested. The terms of this article shall not apply to the opening or excavation of any right-of-way by the Township or an agent authorized by the Township.
Any person wishing to make any opening or excavation in any right-of-way of the Township shall, not less than 14 days in advance of the tentative time such work is to commence, submit an application for a permit to do such work. Such application shall be submitted on forms prepared by the Township for such purpose and available at the Township office. In all cases, the application shall be submitted in the name of the person making and/or legally responsible for the opening or excavation, as well as, if applicable, the property owner for whom the cut or excavation is being undertaken. In the event that an applicant must make multiple cuts within a right-of-way as part of one project, all cuts can be contained within one application; however, fees will be based on the total number of excavations.
In the event of any emergency in which a sewer or water main, conduit, pipe or utility in or under any street or within the right-of-way breaks, bursts or otherwise is in such condition as to immediately endanger the property, life, health or safety of any individual, the person owning or controlling such sewer main, conduit pipe or utility, without first applying for and obtaining an excavation permit hereunder, shall immediately take proper emergency measures to cure or remedy the dangerous condition. However, such person shall apply for an excavation permit not later than the end of the next business day.
A permit fee in the amount as set forth in the Township Fee Schedule, as amended from time to time by resolution of the Board of Supervisors, shall be charged by the Township for the issuance of an excavation permit, which shall be in addition to all other fees for permits or charges relative to any proposed construction work, with the following exceptions:
Additional fees. 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 the Township Fee Schedule by a significant amount, the following additional fees will be assessed:
Additional application fee. The Township will estimate the additional amount of salary, overhead and expenses, the permit will so indicate, and the permittee shall be charged for additional salary, overhead and expenses incurred by the Township for administration.
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 more than a spot inspection basis, or more than the typical number of inspections are anticipated, the permit will so indicate and the permittee shall be charged for additional salary, overhead and expenses incurred by the Township for inspection.
The charges will be calculated either on an actual basis or a standard unit cost basis.
Newly paved streets. Should a permit be applied for to excavate within or open a newly paved street, a diminution fee will be added to the permit fees listed in the Township Fee Schedule.
No permit shall be issued by the Township until all fees have been paid.
Before an excavation permit is issued, the applicant shall deposit with the Township security in the form of a performance bond, irrevocable letter of credit, certified check, cash, or other security acceptable to the Township to be held without interest, in the amount as approved by the Township Engineer. A certificate or other evidence from an insurance company certifying that the permittee has comprehensive general liability insurance is also required. The required security shall be conditioned upon completion of all work required as a result of the excavation which was made in the right-of-way and upon payment by the permittee of all costs incurred by the Township and/or others as a result of such work. The security shall remain in place for two years to allow for two years of seasonal temperatures prior to a final inspection. All work within the Township right-of-way shall be performed within the following standards:
Publication No. 408, Specifications.
Publication No. 35, Approved Construction Materials Bulletin 15).
Publication No. 72, Standards for Roadway Construction.
Straban Township Trench Restoration Detail and any other applicable Township regulations for roadway construction/excavation.
Prior to the Township releasing the bond, the Township Engineer and/or other appropriate Township staff shall inspect the excavation and determine whether all work was properly completed. All pavement restoration shall be in accordance with the Straban Township Trench Restoration Detail. Restoration of disturbed areas within the right-of-way but outside of the pavement shall be done in a manner to restore the area to the conditions existing, or better than, prior to the disturbance, which may include placement of stone, seeding, mulching, etc.
The general liability insurance shall be written on a comprehensive form, including explosion coverage, if needed, and hold the Township and its officers harmless against any and all claims arising from the excavation permit for which the Township, Board of Supervisors, and any Township officer may be made liable by reason of any accident or injury to persons or property through the fault of the permittee either in not properly guarding the excavation or for any other injury resulting from the negligence of the permittee. Recovery on such bond for any injury or accident shall not exhaust the bond, but it shall in its entirety cover any or all future accidents or injuries during the excavation work for which it is given. In the event of any suit or claim against the Township by reason of the negligence or default of the permittee, upon the Township's giving written notice to the permittee of such sit or claim, any final judgment against the Township requiring it to pay for such damage shall be conclusive upon the permittee.
The aforesaid insurance policy for general liability is to protect the Township and others against damage or claims arising out of the work, and the certificate of insurance shall provide that the policy shall be in force at the time of the application and cannot be canceled without 30 days' prior notice to the Township. Said bond and insurance certificate need not be submitted until the Township Engineer and/or other appropriate Township employee has indicated that a permit may be issued, but no permit shall be issued until said bond and certificate are submitted.
Should any permittee, person or any subcontractors working on behalf of a permittee or person be responsible for four distinct excavations or openings of a street, all of which are within 100 feet, it shall be the responsibility of the permittee and/or person to overlay the entire width of the street corresponding to the 100 linear feet which contains the excavations with the following exceptions:
The entity performing the excavations is the Township, or a contractor working on behalf of the Township.
The Township Roadmaster, Township Engineer, or appropriate Township staff have inspected the roadway and determined that the overlay is not necessary due to the condition of the roadway or future paving plans on the roadway.
It shall be the duty of any person to whom a permit is issued or by whom any opening or excavation is made as aforesaid to provide and maintain proper and adequate guards, barriers and lights to prevent accidents, and they shall assume all risks and be liable for all damages by reason of the openings and excavations and by reason of any failure to properly fill the hole or trench and maintain the disturbed surface in a safe condition, and shall acknowledge that the permittee shall indemnify the Township from any and all claims related to the excavation of the street in the application for a driveway permit.
The permittee shall be responsible for the safety of pedestrians and vehicular traffic during the course of the work and shall provide suitable barricades and warning lights and shall at all times maintain the flow of traffic upon the street within which the excavation is made, unless specific authority to close the street is obtained. Watchmen shall be provided and kept on duty whenever necessary to maintain the proper flow of vehicular traffic or otherwise as required by the Township. All traffic control shall be in accordance with PennDOT Publication 213, Temporary Traffic Control Guidelines, as amended.
If a permittee fails to institute adequate protective measures as required in this section, the Township may, in its discretion and in consideration of the public health, safety and welfare, provide adequate safety measures. The permittee shall be responsible for any and all costs, including personnel time, which the Township may incur, in any attempt to provide for the safety of pedestrians and/or vehicular traffic due to the permittee's failure to institute adequate safety measures as required by this section. In no case shall the Township assume liability for any of its attempts to provide for the safety of pedestrians and/or vehicular traffic, and the permittee shall indemnify the Township of all liability. Any costs charged under this subsection shall be paid within 30 days of being invoiced to the permittee and shall be collected in any manner prescribed bylaw.
If the opening/excavation within the right-of-way is not properly completed to the satisfaction of the Township Engineer, written notification shall be sent by the Township to the permittee and the property owner for whom the cut and excavation was undertaken, which notification shall specify the defects and require repair, replacement or completion to the satisfaction of the Township Engineer within 15 days from the date of the notification. If the cut/excavation is not repaired, replaced, or completed within 15 days, the Township may repair, replace, or complete the work in the manner deemed proper by the Township Engineer, and all costs related thereto shall be assessed to the permittee or the property owner for whom the cut or excavation was undertaken.
Any person violating this article shall, upon a summary conviction before a District Justice, be sentenced to pay a fine of not more than $1,000 and costs of prosecution or shall undergo imprisonment for not more than 30 days, or both.