[HISTORY: Adopted by the Board of Supervisors of the Township of Kilbuck as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Fees — See Ch. 95.
Grading — See Ch. 115.
Sewers and water — See Ch. 170.
Subdivision and land development — See Ch. 182.
[Adopted 9-17-1996 by Ord. No. 61]
No person, firm or corporation owning or occupying any property within Kilbuck Township shall permit any tree or part thereof or any other vegetation to encroach upon, hang over or otherwise threaten the safe and secure passage of persons and vehicles over and upon any public road or public right-of-way, which road or right-of-way is situate on, is adjacent to or otherwise abuts said property.
The owner and/or occupant of all property situate in Kilbuck Township shall remove, trim, cut and otherwise remove all trees, parts thereof and other vegetation upon such premises which is in violation of the provisions of § 178-1 above.
The Kilbuck Township Police Department is hereby authorized to give notice, by personal service or by United States mail, to the owner or occupant, as the case may be, of any premises whereon trees or other vegetation is growing or remaining in violation of the provisions of § 178-1 above, directing and requiring such occupant to remove, trim or cut such tree or vegetation, so as to conform to the requirements of this article, within five days after issuance of such notice. In case any person, firm or corporation shall neglect, fail or refuse to comply with such notice within the period of time stated therein, the Township authorities may remove, trim or cut such trees or vegetation, and the cost thereof, together with any additional penalty authorized by the law, may be collected by the Township from such person, firm or corporation in the manner provided by law, provided that, if the owner or occupant, as the case may be, receiving such notice notifies the Township Supervisors in writing and requests a hearing within five days after the issuance of such notice, the Township Supervisors shall set a date, time and place of a hearing where the owner or occupant, as the case may be, shall have an opportunity to be heard.
[Amended 7-19-2005 by Ord. No. OO-05-2]
Any person who violates or permits a violation of this article shall, upon conviction in a summary proceeding brought before a District Justice under the Pennsylvania Rules of Criminal Procedure, be guilty of a summary offense and shall be punishable by a fine of not less than $300 nor more than $1,000, plus costs of prosecution. In default of payment thereof, the defendant may be sentenced to imprisonment for a term not exceeding 30 days. Each day or portion thereof that such violation continues or is permitted to continue shall constitute a separate offense, and each section of this article that is violated shall also constitute a separate offense.
[Adopted 4-15-1997 by Ord. No. 97-0-2]
A. 
This article shall be known as the "Kilbuck Township Street Opening Ordinance."
B. 
The purpose of this article is to provide minimum standards to safeguard persons, to protect property, maintain the present level of ecology, and promote the public safety and welfare by regulating and controlling the opening, excavation and repair of roadways and rights-of-way within the Township of Kilbuck.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
A. 
The following words, when used in this article, shall have the meanings ascribed to them in this section, except in those instances where the context clearly indicates otherwise:
APPLICANT
Any person, as defined in this section, who makes application for a street opening permit.
EMERGENCY
Any condition constituting a clear and present danger to life or property by reason of escaping gas, exposed wires, or other similar or serious breaks or defects in an underground line.
PERMITTEE
Any person, as defined in this section, who has been issued a street opening permit and has agreed to fulfill the terms of this article.
PERSON
Includes any natural person, partnership, firm, association, utility, authority, or corporation.
STREET
Any public right-of-way, street, avenue, road, square, alley, highway, or other public place located within the Township of Kilbuck and established for the use of vehicles.
B. 
In this article, the singular shall include the plural, and the masculine shall include the feminine and the neuter.
It shall be unlawful, except in cases of emergency, for any person to make any opening or excavation of any kind in or under any Kilbuck Township street or right-of-way without first securing a street opening permit. Minor excavations not within the paved or otherwise improved portion of any street and not greater than one foot in depth made for the purposes of installing, maintaining, or replacing a driveway, sidewalk, mailbox, or other similar appurtenance which may be authorized or permitted under other ordinances of Kilbuck Township shall be exempt. Any person making application for a street opening permit shall agree to the terms of this article as hereinafter provided.
It shall be the duty of the applicant to comply with the following express conditions and provisions before a street opening permit shall be granted:
A. 
The applicant shall file a written application on the official form provided by Kilbuck Township. A separate application shall be filed for each and every project undertaken by the applicant at any one time and shall be signed by a responsible person authorized to sign the application.
B. 
The applicant shall set forth the purpose of such opening, exact location of such opening, and size and depth of such opening.
C. 
The applicant shall establish the date or dates during which such opening is to be made, including the date and time when temporary and/or final resurfacing is to be performed.
D. 
The applicant shall provide and maintain public liability and property damage insurance in an amount sufficient to indemnify and save harmless the Township of Kilbuck from all liability for damages or injury done to persons and property which may be incurred by reason of such opening or any failure to properly protect, maintain, barricade, light, backfill and/or otherwise properly effect the same. The insurance shall not be in an amount less than $3,000,000 for injury to persons and $1,000,000 for injury to property. The applicant shall name Kilbuck Township as additionally insured and provide proof of said insurance to Kilbuck Township.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
E. 
The applicant shall deliver to Kilbuck Township a deposit or bond in the amount set by Kilbuck Township. This amount shall be calculated according to § 178-10 of this article, but in no case shall the bond be less than $1,000.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
F. 
Whenever any public utility or municipal authority maintaining underground facilities shall contemplate more than one street opening or excavation per calendar year, it may post a bond for the calendar year to cover any and all work in an amount calculated according to § 178-10 of this article. Said bond shall be approved by Kilbuck Township. The insurance requirements of Subsection D shall be waived upon receipt of notice of self-insurance by any public utility or municipal authority.
The applicant shall secure a street opening permit for each and every project undertaken by the applicant at any one time. In cases of emergency, the Police Department shall be notified and a street opening permit shall be secured on the first official workday thereafter.
Kilbuck Township, upon receipt of the properly completed application, shall compute the amount of deposit or bond to be provided by the applicant to the Township of Kilbuck to reimburse said Township for any cost of work and materials furnished for the backfilling or refilling of the opening or excavation and the restoring of the surface or replacing the pavement over any such opening or excavation, together with any expenditure for labor, material, and/or inspection subsequently necessitated in the maintenance, repairing, or resurfacing of any such opening for a period of one year from the date of completion, so as to leave any such street in as good a condition as it was before such excavation or opening. The amount calculated for deposit or bond shall include the estimated cost of the proposed surface and trench restoration work plus the cost of inspection and any other cost that may be directly charged to the opening or excavation. The total amount calculated shall be increased by 25% to determine the amount of deposit or bond.
A. 
The permittee shall take every necessary and reasonable precaution to keep the street in a safe and passable condition at all times by providing and maintaining any necessary guards, barricades, lights, signs, or other such devices in accordance with PennDOT Publication 203 - Work Zone Traffic Control, latest revision.
B. 
No opening shall extend beyond the center line of the street before being refilled and the surface of the street restored to a condition safe and passable for travel by vehicles or pedestrians.
C. 
No more than 100 feet measured longitudinally shall be opened in any street at any one time.
D. 
The permittee shall provide and maintain all necessary shoring and/or bracing of openings so as to protect persons, roadways, utilities, and adjacent land and buildings from damage resulting from shifting or subsidence of the adjacent land.
E. 
No tunneling shall be allowed without express approval of Kilbuck Township and permission therefor endorsed on the street opening permit.
F. 
Excavated or other material shall be placed or stored on the side of the operation farthest from the pavement unless otherwise designated by Kilbuck Township, and in such manner that there will be no interference with the flow of water and/or traffic.
G. 
Where a pipe drain, pipe culvert, or other structure or facility is encountered, it shall be replaced, restored, strengthened, or protected by the permittee.
H. 
No refilling of such excavation or opening shall be accomplished unless or until the Kilbuck Township Engineer or other authorized agent of Kilbuck Township shall be present.
I. 
All openings and excavations shall be backfilled promptly with suitable material and thoroughly compacted in layers according to Kilbuck Township specifications and as the Kilbuck Township Engineer shall direct.
J. 
Temporary surfacing, consisting of not less than two inches of bituminous cold patch material, shall be installed in all excavations within the paved portion of any street as soon as possible following the completion of the backfilling procedure. In no case shall the placement of bituminous cold patch material be delayed more than one business day following the completion of the backfilling procedure. Temporary surfacing shall be maintained for a period of at least two weeks free of depressions and mounds. After that length of time, and as soon as conditions permit, the temporary surfacing shall be removed and immediately replaced with the final surfacing. The final surfacing shall be completed in the presence of the Kilbuck Township Engineer and in accordance with the applicable standard restoration detail or as otherwise directed by the Kilbuck Township Engineer or other authorized agent of Kilbuck Township.
K. 
All restored surfaces must be at least 12 inches wider on each side than the excavated trench and shall be restored in strict accordance with the applicable standard restoration details and/or specifications and directions of the Kilbuck Township Engineer.
L. 
Kilbuck Township shall provide notice to all persons owning property abutting on any street within Kilbuck Township about to be paved or otherwise improved, and to all public utility companies and municipal authorities operating within Kilbuck Township, and all such persons, public utility companies, and municipal authorities shall make all connections and any repairs thereto which would necessitate excavation of the street within 30 days from the giving of such notice, unless such time is extended in writing by Kilbuck Township. The repair and restoration of any street which has been paved or otherwise improved within five years of opening or excavation shall be made in strict accordance with the applicable standard restoration details and/or specifications and directions of the Kilbuck Township Engineer.
M. 
In no case shall any opening or excavation made by a permittee be considered in the charge or care of Kilbuck Township or of any officer or person employed by Kilbuck Township, and no officer or employee of Kilbuck Township is authorized in any way to take or assume any responsibility over any such opening or excavation, except in the exercise of police power, where and when it is necessary to protect life and property.
N. 
For longitudinal openings, the final bituminous wearing course shall be installed over the full cartway width for the entire length of the opening, plus 15 feet from the ends of cut in each direction, by milling or planing the existing surface to a depth of not less than 1 1/2 inches and in all respects as shown on the applicable restoration detail. The Township Engineer may allow paving of a lesser portion of the cartway where the opening is of a de minimus nature or where full cartway width would adversely affect the quality or conditions of the cartway and right-of-way in question.
[Added 5-26-2015 by Ord. No. O-15-02]
O. 
Pavement replacements for transverse openings shall be restored in generally the same manner as longitudinal openings with repaving to the full width of the cartway with a minimum thirty-foot length. The Township Engineer may allow paving of a lesser portion of the cartway where the opening is of a de minimus nature or where full cartway width would adversely affect the quality or conditions of the cartway and right-of-way in question.
[Added 5-26-2015 by Ord. No. O-15-02]
P. 
No permit shall be issued for opening of a street for five years after it is paved, except in case of emergency. An emergency shall include those circumstances with the definition of "emergency" below and such other circumstances, including but not limited to the need for establishing underground utility service for new building construction or site development work, and work needed to prevent damage to property, as may be determined by the Board of Supervisors or the Township Engineer to require a street opening prior to the expiration of five years after a street has been paved. In determining whether an emergency exists, the Board of Supervisors or Township Engineer shall consider all relevant factors, including but not limited to the ages of the pavement, type and size of opening and resulting damage, whether the applicant could reasonably delay the street opening and potential loss of value to, or damage to, property if an opening is not permitted.
[Added 5-26-2015 by Ord. No. O-15-02]
(1) 
As used herein, the term "emergency" shall mean any sudden or unforeseen circumstance or occurrence which calls for immediate action by the utility or facility owner; and any condition constituting a clear danger to life or property by reasons of escaping gas, water or sewage, or other serious breaks or defects in an underground line.
Q. 
The permittee shall be responsible to repair any and all damages to the public roadway, facilities within the public roadway, and areas within public right-of-way and private property that have sustained damage as a result of repair of the roadway, failure of the permittee's facilities, operation of the permittee's facilities, or transportation of equipment/supplies to and from the site. The permittee is advised that any and all damages resulting from failure and/or operation of the permittee's facilities or work performed by the permittee's employees, subcontractors, etc., is the responsibility of the permittee. Repairs to Kilbuck Township roadways and rights-of-way not within the street opening permit area are subject to all of the terms and conditions of the Kilbuck Township Street Opening Ordinance.
[Added 8-15-2006 by Ord. No. OO-06-1]
One year from the date of completion, the permanent restoration of the opened or excavated street shall be inspected by the Kilbuck Township Engineer, who, if restoration shall be satisfactory and up to Kilbuck Township specification, shall certify that such work is accepted by Kilbuck Township. Upon certification of acceptance of the work, the permittee shall be refunded his deposit less all costs incurred by Kilbuck Township.
The Kilbuck Township Engineer or any other authorized employee of Kilbuck Township shall have the right to observe and inspect all work done under a street opening permit and shall see that all terms and conditions of this article are enforced and shall have the power and is hereby directed to prosecute every person violating any of the provisions contained herein. Such supervision and inspection shall be done at the sole expense of the permittee and shall be paid in full within 30 days of invoice.
[Amended 7-19-2005 by Ord. No. OO-05-2]
Any person who violates or permits a violation of this article shall, upon conviction in a summary proceeding brought before a District Justice under the Pennsylvania Rules of Criminal Procedure, be guilty of a summary offense and be punishable by a fine of not less than $300 nor more than $1,000, plus costs of prosecution and the full cost of street restoration. In default of payment thereof, the defendant may be sentenced to imprisonment for a term not exceeding 30 days. Each day or portion thereof that such violation continues or is permitted to continue shall constitute a separate offense, and each section of this article that is violated shall also constitute a separate offense.
The fee for street opening permits shall be established by resolution from time to time by the Board of Supervisors. Payment of said street opening permit fee is a requirement for issuance of any street opening permit.
Standard restoration details as prepared by the Kilbuck Township Engineer are on file at the Kilbuck Township Municipal Building and said details shall be complied with by all persons.[1]
[1]
Editor's Note: The drawings and forms which originally accompanied this ordinance are on file in the Township offices.
[Added 5-26-2015 by Ord. No. O-15-02]
Further, the person or entity owning or in charge of any subsurface pipe, line, construction or apparatus, within a Township street right-of-way, which causes damage to any Township street, cartway, curb or sidewalk, or unimproved right-of-way area, shall be responsible to promptly repair, restore or reconstruct any such damaged street, cartway, curb, sidewalk or unimproved right-of-way area. The obligation to carry out such repair, restoration or reconstruction shall be a condition of the occupancy of the right-of-way by such subsurface pipe, line, construction or apparatus. All repair, restoration and reconstruction required hereunder shall be done in accordance with plans submitted to and approved by the Township Engineer. If such repair, restoration or construction is not undertaken within such time or in the manner directed by the Township Engineer, the Township is authorized to cause the work to be done at the expense of such owner or person in charge of such subsurface pipe, line, construction or apparatus and to file a municipal claim to recover all costs, interest and attorney's fees.