[Adopted 8-22-2000 by Ord. No. 5-2000]
The following words or phrases, when used in
this article, shall have the meanings ascribed to them in this section,
unless the context of the word or phrases infers a different meaning:
DISTRIBUTION, PLACING or DEPOSITING
The conveyance of any physical matter, material, or substances
onto any public alley, road, roadway or street by any means whatever
or cause thereof, but not limited to lack of or improper placement
of proper drains, pipes, conduits, restraints, and/or other associated
appurtenances as common sense may dictate, or via automobile, truck,
construction vehicle, or the like.
HAZARDOUS CONDITION
Any condition that would or could cause obstruction to or
impede the normal flow of traffic in any way or subject vehicular
or pedestrian traffic to possible harm, damage or personal injury
or subject real or personal properties to imminent danger or damage.
PHYSICAL MATERIAL, MATTER, OR SUBSTANCE
Earth, mud, red dog, gravel, effluents, sewage, water, ice,
snow, grass, leaves, trees or parts thereof, garbage, refuse of any
type or form, vehicles or parts thereof, construction materials, dust,
smoke, gaseous substances, opaque or semiopaque, or any other physical
matter that would or could cause obstruction or otherwise impede or
cause to impede or cause to obscure vision of traffic or the normal
flow thereof or otherwise create a hazardous condition as described
above.
Any person, firm or corporation violating any
provision of this article shall be subject to:
A. An immediate revocation and cancellation of a building
permit or any other permit, with surrender of all fees paid.
B. A fine of not less than $100 nor more than $600, plus
costs.
In addition to enforcement by the Township Zoning
Officer or his designee, the Police Department of South Strabane Township
is specifically authorized to enforce the provisions of this article,
specifically the issuance of appropriate citation.
Nothing herein shall be construed to overrule
or supersede the Commonwealth of Pennsylvania Motor Vehicle Code or other applicable law or statute of the commonwealth
or federal government.
[Adopted 7-24-2018 by Ord. No. 2-2018]
This article shall be known as the "South Strabane Township
Driveway and Street Excavation Ordinance."
The background of this article and the legislative intention
of the Board of Supervisors ("Board") in enacting it are as follows:
A. The Township of South Strabane is a Township of the Second Class.
B. The Township of South Strabane has suffered damage to its roads as
a result of improper connection of driveways to Township roads and
faulty drainage.
C. Improper connections and faulty drainage have resulted in hazardous
conditions.
D. The Township deems it necessary for the proper management, maintenance,
and control of its public road system to regulate the connection of
driveways onto public roads.
E. Roadway excavations have resulted in damage, improper drainage and
uneven riding surfaces on Township roadways, all to the danger and
hazard of vehicular traffic.
F. Roadway excavations have resulted in increased costs of repairs and
maintenance of public roads and to eliminate hazards to the public.
G. The Township desires to require proper connection of driveways and
repair of roadway excavations to minimize damage to Township roads.
For the purposes of this article, the following terms shall
be defined as follows:
BOARD
The Board of Supervisors of South Strabane Township, Washington
County, Pennsylvania.
CONTRACTOR
The person who installs a driveway or excavates in a Township
roadway, including all agents, subcontractors, officers or employees
of that person or business entity.
DRIVEWAY
Every entrance or exit used by vehicular traffic to or from
properties abutting a public road. The term includes proposed streets,
lanes, alleys, courts and ways.
OWNER
The owner of the land upon which the driveway is located
and his successors or assigns.
PennDOT
Pennsylvania Department of Transportation.
PERMIT
A highway occupancy permit issued by the Board pursuant to
this article.
PERMITTEE
The holder of a duly issued permit.
PERSON
Any natural person, firm, partnership, corporation, entity,
association or other group of persons. The singular shall include
the plural and the masculine shall include the feminine and the neuter.
PUBLIC ROAD
Any road, street, alley, bridge or public thoroughfare, including
the entire area between right-of-way lines, either presently maintained
by South Strabane Township or shown on a subdivision or land development
plan and intended to be dedicated to South Strabane Township in the
future.
RIGHT-OF-WAY
The area which has been acquired by the Township for highway
purposes.
TOWNSHIP
South Strabane Township, Washington County, Pennsylvania,
or its duly appointed representative.
Any owner shall, prior to obtaining a permit for a driveway
connection, file an application with the Township, on a form furnished
by the Township. Every person intending to perform excavation or other
work within a public road shall, prior to obtaining a permit, file
an application with the Township on a form furnished by the Township.
The application shall be accompanied by such permit issuance fees
and general inspection fees as determined by resolution from time
to time by the Township. Issuance fees are used to defray costs incurred
by the Township in reviewing and processing the application and plan(s),
including the preliminary review of the site location identified in
the application, and issuing and processing the permit. General inspection
fees are used to defray costs incurred by the Township in spot inspection(s)
during the progress of the work and after it has been completed to
ensure compliance with the permit and these regulations.
Design, construction and restoration shall conform to the requirements
of this article. PennDOT regulations and specifications as may be
adopted by the Township from time to time.
A. Permit application.
(1) Any person desiring to open, excavate or bore in or under any street
in the Township shall file an application with the Township on forms
provided by the Township. Such application shall contain the following
information:
(a)
The name and address of applicant.
(b)
The exact location of the proposed opening, excavation or boring.
(c)
The approximate size and depth of the proposed opening, excavation
or boring.
(d)
The proposed dates and times of commencing and completing the
work.
(e)
The method and progression for performing the work.
(f)
The purpose of the proposed opening, excavation or boring.
(g)
Such other information as the Township may deem pertinent.
(2) Such application shall contain a statement, which shall be subscribed
to by the applicant, to the effect that the applicant will comply
with all relevant ordinances of the Township (including this article)
and laws of the Commonwealth of Pennsylvania and that the applicant
will defend, protect and save harmless the Township and its officers,
agents and employees from all loss and liability in accordance with
the provisions of this article.
B. Issuance of permit; applicability. Upon being satisfied that the
application is in proper form and upon receipt from the applicant
of the fee prescribed by this article, the Township shall issue a
permit. Such permit shall apply only to the specific work described
in the application, shall expire on the date and time when the work
is proposed to be completed and may contain such conditions or limitations
as the Township deems necessary for the protection of persons and
property.
C. Emergency situations. In the case of any leak, explosion or other
accident in any subsurface pipe, line, conduit, construction or apparatus,
it shall be lawful for the person owning or responsible for such pipe,
line, conduit, construction or apparatus to commence an opening or
excavation to remedy such condition before securing a permit, provided
that application for a permit shall be made immediately and not later
than the next business day thereafter and that all other provisions
of this article are fully complied with. If any such emergency condition
shall not be immediately attended to by the owner or person responsible
for such pipe, line, conduit, construction or apparatus, the Township,
after such notice or attempt of notice as it shall deem necessary
under the circumstances of the particular case, may proceed to have
the work necessary and required by such emergency performed and charge
the cost thereof to such owner or person.
D. Open lane of travel. No opening, excavation or construction in any
public road shall extend from the right-of-way line into the road
past the center line before being restored to a condition safe and
convenient for travel.
E. Allowable limits of excavation. No more than 100 feet longitudinally
shall be opened in any street at any one time, except in the case
of the installation of gas or water lines by public or private bodies,
or of sanitary or storm sewers by the Township or a duly constituted
Township municipal authority.
F. Special conditions for subsurface operations.
(1) Drilling, boring, driving or tunneling across improved area.
(a)
When crossing under any improved area, the opening for a utility
facility shall be drilled, bored or driven on a horizontal plane at
a minimum depth of three feet below the surface of the highway and
its swale ditches.
[1]
The facility may be placed otherwise by tunneling when specified
in the permit. When tunneling, after the facility is placed, the hole
shall be backfilled with one-to-three-to-six concrete of dry consistency
and tamped.
[2]
Wet boring is prohibited.
(2) No openings for the purpose of placing utility facilities or other
structures under the improved area by drilling, boring, driving or
tunneling shall be made closer than three feet to the edge of the
roadway unless the permit authorizes less clearance.
(3) Facilities and other structures crossing under the improved area
shall be constructed so as to assure the safety of the traveling public
and to preclude the necessity of entering upon the improved area to
affect future maintenance or replacement.
G. Trenching across improved area.
(1) No trenching shall be permitted across the improved area unless authorized
by the permit.
(2) Trenching across the improved area may be authorized by the permit
where drilling, boring, driving or tunneling are not feasible because:
(a)
The subsurface is solid rock.
(b)
There are other facilities located longitudinally under the
improved area and their location precludes methods other than trenching.
(c)
Adjacent development in a very congested area makes the construction
of a tunneling or boring shaft impossible.
(3) When trenching is specified in the permit, the trenching operation
shall be performed by one of the following two methods:
(a)
Utility facility placed in one piece across highway.
[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 (relating to special conditions for
subsurface operations).
[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
(relating to special conditions for subsurface operations).
(b)
Utility facility placed in more than one piece across highway.
[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 (relating to special conditions for
subsurface operations).
[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 the trench backfilled and restored
in accordance with this section (relating to special conditions for
subsurface operations).
H. Open trenches. If work is stopped on any road project and any ditch
or trench remains open for an unreasonable period in the opinion of
the Township, the owner and/or contractor, if so directed, shall refill
the ditch or trench and work shall not be resumed until such time
as the owner and/or contractor is ready to proceed. In the event that
the owner and/or contractor fails to fill in the ditch or trench upon
notification by the Township, the Township may perform the necessary
and required work and charge the cost thereof to the owner.
I. Consent of abutting owners. The owner and/or contractor is not relieved
from obtaining consent required from the owners or abutting properties
and does not have the right to remove or destroy trees or shrubbery
within the legal limits of the highway except under such conditions
as the Township may prescribe.
J. Temporary surface. As shown in Exhibit "C," on improved public roads during cold weather when superpave
material is not available from the asphalt plants, the trench shall
be backfilled with 2RC select material to an elevation within three
inches of the road surface. The trench shall then be surfaced with
a temporary patch of cold patch material. As soon as the asphalt plants
open in the spring, the contractor shall remove the cold patch and
2RC materials and saw-cut the required benches and the superpave material
shall then be placed and sealed. The contractor shall be responsible
for the maintenance on the temporary patch and shall keep a smooth
riding surface on the street. For concrete surfaced roadways, the
requirements of PennDOT Publication 408 are required. Weather permitting,
permanent paving must be completed within 60 days of excavation or
following completion of site work related to the driveway.
K. Nondisturbance of utility connections. The work of excavation shall
be so conducted so as not to interfere with the water mains, gas lines,
sewers or their connections with the houses or any other subsurface
pipes or structures until permission of the owners of such lines or
structures shall have been obtained. The contractor is responsible
for locating and protecting underground utilities and coordination
with the respective utility company.
L. Township may correct work. In the event any work performed by the
owner and/or contractor shall, in the opinion of the Township, be
unsatisfactory and the same shall not be corrected in accordance with
these instructions within the time so fixed or, in the event that
the work for which the permit was granted is not completed within
the time fixed by the Township, the Township may proceed to correct
such unsatisfactory work or complete any such work not completed and
charge the cost thereof to the owner.
M. Permits nontransferable. Permits may not be transferred without the
written approval of the Township.
N. Damages to public road. The owner and/or contractor are responsible
for damage to any portion of the public road caused by equipment en
route or used at the work site.
O. Traffic protection and maintenance. Maintenance and protection of
traffic shall be carried out in accordance with the requirements of
the Pennsylvania Department of Transportation as set forth in Publication
No. 43 and Publication No. 90.
(1) The permittee shall provide and maintain all necessary precautions
to prevent injury or damage to persons and property in accordance
with instructions.
(2) Warning signs shall be placed in advance of the actual operation
in such a manner as to be visible to the traveling public, and substantial
barricades with adequate illumination shall be provided and maintained
for any open trench or hole in the improved area.
(3) Designated employees shall be assigned by the permittee to direct
one-lane traffic. Flagmen shall be provided as specified in the permit
and in accordance with Publication No. 43 and Publication No. 90.
P. PennDOT requirements. When an excavation or other work is proposed
in a state road, the owner shall comply with all PennDOT requirements,
including the requirement to obtain a permit from PennDOT.
Q. Reinspections. The Township may reinspect the work not more than
two years after its completion, and, if there is settlement of the
connection or any other defects appear in the work contrary to the
conditions, restrictions and regulations of this article, the Township
may enforce compliance therewith. If the owner fails to rectify a
defect which presents an immediate or imminent safety or health problem
within 48 hours or any other defect within 60 days after written notice
from the Board of Supervisors to do so, the Township may do the work
and impose upon the owner the cost thereof, together with an additional
20% of the costs which may be recovered by the Township.
R. Overnight parking. Where construction permitted by this article requires
equipment to park at the site overnight, it shall be located a minimum
of four feet from the edge of the cartway of the public road and shall
not create a dangerous condition and/or impair sight distance.
S. Permittee responsibilities.
(1) The permittee shall pay all costs and expenses incident to or arising
from the project, including the prescribed fees for the 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 inspector costs which the Township may
deem 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 these regulations, 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, the Township's
attorneys or any attorney of 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 attorney shall
be authorized to issue forthwith a writ of possession with a clause
of fi fa for costs, without leave of court.
(3) If work is stopped on a project for any reason, other than at the
end of any normal workday, and any ditch or trench remains open for
an unreasonable period in the opinion of the Township, the permittee,
if so directed, shall refill the ditch or trench 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 ditch or trench or proceeds 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.
(4) 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 to this section 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.
T. Altering drainage prohibited.
(1) Unless specifically authorized by the permit, the permittee shall
not:
(a)
Alter the existing drainage pattern or the existing flow of
drainage water.
(b)
Direct the additional drainage of surface water toward, onto
or into or in any way affect the highway right-of-way or highway facilities.
(2) The permit does not authorize the permittee to direct, divert or
otherwise drain surface waters over the property of any other property
owner.
(a)
The permit does not in any way relieve the permittee from acquiring
the consent, permission or other authorization from any property owner
which the Township determines may be adversely affected by drainage
alterations.
(b)
The permittee is responsible for any damage caused to any property
owners as a result of work done under the permit.
U. Equipment damaging roadway.
(1) To protect the pavement and shoulders, all equipment shall have rubber
wheels or runners and shall have rubber, wood, or similar protective
pad between the outriggers and the surface unless otherwise authorized
by the permit.
(2) In the event that other than rubber-equipped machinery is authorized
for use, the pavement and shoulders shall be protected by the use
of matting, wood or other suitable protective material having a minimum
thickness of four inches, unless the permit requires the permittee
to repave the roadway full width.
(3) If the equipment damages the pavement or shoulders, the permittee
shall restore the pavement or shoulders to their former condition
at the permittee's expense.
V. Indemnification. The permittee shall fully indemnify and save harmless
and defend the Township of and from all liability for damages or injury
occurring to any person or persons or persons or property through
or in consequence of any act or omission of any contractor, agent,
servant, employee or person engaged or employed in, about or upon
the work by, at the instance or with the approval or consent of the
permittee from any failure of the permittee or any such person to
comply with the permit or these regulations and, for a period of two
years after completion of the permitted work, from the failure of
the highway in the immediate area of the work performed under the
permit where there is no similar failure of the roadway beyond the
area adjacent to the area of the permitted work.
W. Insurance. The permittee shall, upon request, submit to the Township
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.
X. Maintenance of disturbed area, bonding requirements: The applicant
shall maintain the portion of the street disturbed by the opening
or excavation for a period of 18 months from the date the backfilling
is completed at a proper grade and condition free from ridges and
depressions. Such maintenance work shall be done as often as may be
necessary. To guarantee proper restoration of the surface and proper
maintenance of the disturbed area, the applicant must deposit with
the Township, prior to issuance of the permit, a bond in an amount
set by the Township, with corporate surety guaranteeing the proper
performance of the work and the proper maintenance of the disturbed
area for the period of time required above. Utilities and other persons
who open or excavate in streets on a regular basis may, with the permission
of the Township, keep on deposit a single bond in an amount set by
the Township and applying to the work included in all of the permits
at any time outstanding.
Y. Notification and correction of defects, failure to correct. If, within
a period of 18 months from the date the backfilling is completed,
the Township determines that the backfilling, surface restoration
or maintenance of the disturbed area is defective, it shall notify
the applicant, in writing, to that effect. Promptly, upon receipt
of such written notice, the applicant shall take immediate steps to
correct such defects. If the applicant fails to take immediate corrective
action, the Township may perform the work itself or cause the same
to be performed by another person. The applicant and the surety on
its bond shall be liable for all costs and expenses incurred by the
Township in correcting such defects and for any penalty assessed as
a result of the applicant's failure to take immediate corrective
action.
Z. Blasting. No predrilling or blasting shall be permitted within the
right-of-way unless authorized by the permit.
(1) If the permittee proposes to blast, the permittee shall make, execute
and deliver a bond to the Township in an amount determined by the
Township with surety by a company duly registered and authorized to
do business in the Commonwealth, will be saved harmless from any damages
whatsoever to the improved area for a period of one year from the
date of the completion of the last work covered by the permit.
(2) When blasting is anticipated within 100 feet of any bridge, box or
culvert, a detailed plan of excavating, shoring, blasting and backfilling
procedures shall be submitted with the application to the Township
Office for review and approval.
(3) No blasting shall be permitted if within 25 feet of the nearest part
of a bridge, box or culvert.
(4) Only controlled blasting, as specified in Section 203.3(d), PennDOT
Form 408, shall be permitted within the improved area.
AA. Maintaining structure or facility. As long as the permittee operates
and leaves in place any structures or facilities in, upon or along
the right-of-way, the permittee shall maintain and keep them in good
order and repair.
BB. Damaged structure or facility to be repaired. If at any time the
structure or facility shall become damaged from any cause whatsoever,
the permittee shall have it removed, repaired or otherwise made safe
immediately upon notification from the Township.
CC. Approval by inspector. Approval by the Township's inspector
of all or part of any permitted work shall not constitute acknowledgement
that the work was performed in accordance with the permit, nor shall
such approval by the inspector act as a release of the permittee or
waiver by the Township of its right to seek performance or restitution
from the permittee.
DD. When plates or bridging required. Except for emergency repairs of
utility facilities, work shall be stopped prior to peak traffic hours
that exist on a particular highway on a particular day. Steel plates
or bridging shall be placed over all openings made within the improved
area which are less than six feet in either length or width when work
is stopped. 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.
EE. Disposition of materials.
(1)
The permittee shall keep the improved area free of all material
which may be deposited by vehicles traveling upon or entering onto
the roadway during the performance of work authorized by the permit.
(2)
The permittee shall be responsible for controlling dust conditions
created by its own operations.
(3)
All excess material and material that is not suitable for backfill
shall be removed and disposed of outside the right-of-way as the work
progresses.
(4)
All retained suitable material shall be placed or stored on
the side of the operation farthest from traffic unless otherwise authorized
by the permit and in such a manner that there will be no interference
with the flow of water in any gutter, drain, pipe, culvert, ditch
or waterway.
FF. General rule. Permits will not be issued to install aboveground facilities
at locations which the Township determines to have a high accident
potential.
GG. Location of aboveground facilities.
(1)
New poles, guys and other aboveground facilities shall be installed
outside the shoulder of the public road, as near the right-of-way
as practicable.
(2)
Installation of poles, guys and other aboveground facilities
in locations where highway, curb exists shall be placed off the roadway
but as close to curb as possible.
HH. Location of wires, cables or conductors. All wires, cables or conductors
which overhang any portion of the right-of-way shall be placed so
as to provide a minimum vertical clearance of 18 feet over the roadway
except where the National Electrical Safety Code requires vertical
clearances in excess of 18 feet due to voltage and/or span lengths.
II. Guys.
(1)
Guys shall be placed so as to avoid interference with vehicular
or pedestrian traffic.
(2)
Guys shall be insulated or grounded in compliance with the National
Electrical Safety Code.
JJ. Identification of poles. Each pole shall bear the name or initials
of the facility owner and the pole number(s) assigned by the facility
owner.
KK. Availability of records for examination. All permit records, restoration
records and emergency work records shall be made available for examination
by the Township upon request.
From time to time, the Board of Supervisors may adopt, by resolution, such additional driveway and/or excavation specifications and requirements and may supplement or modify the driveway and excavation specifications set forth in this article. Any violation of the additional requirements or specifications, modifications and supplements, as duly adopted, shall be subject to the penalties set forth in §
201-15 of this article.
It shall be the duty of the Township to inspect all work for
conformity with all of the ordinances of the Township. Notice must
be given by the owner and/or contractor to the Township when the work
is sufficiently advanced for inspection when it shall be the duly
of the proper officer to inspect the same after receipt of said notification.
Any owner or contractor who violates any provision of this article
shall, upon being found liable therefor in a civil enforcement proceeding,
pay a fine not exceeding $1,000 plus all court costs, including reasonable
attorney's or consultant fees incurred by South Strabane Township.
Each day of violation shall constitute a separate offense and be subject
to the penalty set forth herein.