This Article shall be known and may be cited as the "Salem Township Road Disturbance Ordinance."
[HISTORY: Adopted by the Board of Supervisors of the Township of Salem: Art. I, 6-14-1993 as Ord. No. 93-2; Art. II, during codification (see Ch. 1, General Provisions, Art. II). Amendments noted where applicable.]
[Adopted 6-14-1993 as Ord. No. 93-2]
The purposes for which this Article is enacted are as follows:
A.
To regulate the excavation and disturbance of Township roadways by persons, firms, partnerships, utility companies and other corporate entities, other than those engaged by the Township to act for and on the behalf of the Township, who choose to excavate, trench or otherwise disturb the surface and/or subsurface of any Township road for purposes of installing any pipes, cables, wires, drainage systems or underground utility distribution and/or receiving lines.
B.
To regulate and protect the surfaces and subsurfaces of Township roads from the excavation, construction, reconstruction and renovation activities by any persons, firms, partnerships, utility companies and corporate entities, other than those engaged by the Township to act for and on the behalf of the Township, upon property lying adjacent to any Township roadway or upon property situated within the Township which utilizes the subject Township roadway for access to and from said property to other state or Township roadways.
As used in this Article, the following terms shall have the meanings indicated:
The act of interrupting and intruding the normal course and condition of the Township roadway by any excavation equipment and/or vehicles, construction trucks and/or trailers during travel or in a stationary position, which requires repair of the surface and/or subsurface of the roadway to return it to its condition immediately prior to the act of disturbance.
The act of digging, trenching or removal of any materials from the surface or subsurface of any Township roadway by any mechanical means for purposes of installing any pipe, wire, cable, drainage system or underground utility distribution and/or receiving line or for purposes of changing the grade or elevation of the surface and/or subsurface of the Township roadway during the construction or reconstruction of any driveway, parking lot or lands adjacent to said Township road.
That area of the Township roadway which is maintained and intended for public use and benefit, including all shoulders and ditches, as well as the remaining portion of the right-of-way vested in the Township.
Any road or portion thereof which Salem Township maintains for purposes of public use and which is depicted upon the Official Township Road Map, situated in the Township Municipal Building, Hamlin, Pennsylvania.
Any person, persons, firm, partnership, utility company and corporate entity, other than those engaged by the Township to act for and on the behalf of the Township, shall, prior to engaging in any act of excavation and/or disturbance of any Township roadway, obtain the written permission of the Board of Supervisors for Salem Township in accordance with the requirements of this Article. Any request for permission shall be in writing and directed to the Board of Supervisors of Salem Township or the Secretary of the Township. The request for permission shall specifically describe the nature and extent of the excavation to be performed upon the Township roadway, the nature and extent of restoration work to be performed, a statement that the roadway will be restored to its prior condition and that the restoration work performed in accordance with specifications which meet or exceed the 1990 specifications promulgated by the Commonwealth of Pennsylvania, Department of Transportation, for resurfacing of roadways and letter of commitment to furnish bonding in the amount of 125% of the cost of restoring the roadway to its condition prior to excavation and/or disturbance.
A.
The Township, by and through its Board of Supervisors, shall review any and all written requests for permission to engage in any act of excavation and/or disturbance to any Township roadway at the first regularly scheduled general meeting following the receipt of said request. In the event that the written request is made at a regularly scheduled general meeting, the Township shall review said request at said general meeting; however, any oral request shall not be considered unless and until the same is reduced to writing in accordance with the requirements of § 95-4 of this article. The Board of Supervisors shall issue a written decision within 45 days of the meeting date at which said written request was considered. In the event that said written request for permission is approved, a letter of approval shall be forwarded by first-class mail to the return address set forth on said written request. If the applicant fails to provide a return address, then the Secretary for the Township shall post the written approval at the Municipal Building within the applicable time frame.
B.
In the event that said written request for permission is denied, the denial shall be in writing and shall set forth the specific reasons for denial and be mailed by first-class mail to the return address set forth on said written request, or if no return address is provided, posting shall be provided by the Secretary for the Township at the Municipal Building within the applicable time period. The applicant may resubmit said written request, which addresses the reasons for the initial denial, at a later date. Whether said resubmission adequately addresses the initial reasons for denial is within the sole discretion of the Board of Supervisors, subject to reversal only upon the showing of arbitrary and capricious grounds for denial.
[Amended 6-12-1995]
Any person, persons, firms, partnership, utility company and corporate entity, other than those engaged by the Township to act for and on the behalf of the Township, who or which fails to request permission in writing and initiates excavation and/or disturbance of any Township roadway in any manner or form shall be in violation of this article and shall, upon conviction thereof, be sentenced to pay a fine or not more than $1,000 and costs of prosecution, and, in default of payment, shall be subject to a term of imprisonment not to exceed 30 days. Each day of continuance of a violation shall constitute a separate offense.
In addition to any penalty provided in aforementioned § 95-6, any person, persons, firm, partnership, utility company and corporate entity, other than those engaged by the Township to act for and on the behalf of the Township, who or which shall violate any provision of this article shall be subject to civil suit for any and all damages resulting to the Township as a result of a violation or violations of this article, including injunctive relief to prevent further violation of any provisions herein set forth.
Nothing set forth in this article or any section thereof is intended to impair, invalidate or otherwise intervene with any provision of the Public Utility Code, and in the event that any provision herein is contrary to or otherwise is inconsistent with the statutory authority of the regulatory policies of the Public Utility Commission, then said provision shall be severable and shall not affect or impair the remaining clauses or provisions.
This article shall be construed in accordance with the Laws of the Commonwealth of Pennsylvania.
[Adopted 6-12-1995]
The purpose of this article is to set forth minimum standards for road construction and for reconstruction for any road, highway, street or other thoroughfare which may be presented to the Township for dedication as a public road or sought for dedication as a public road by the Township.
All roads, highways, streets or other thoroughfares to be considered for dedication as a public road as above described shall meet the following minimum standards:
A.
All roads and streets shall have a minimum right-of-way width of 50 feet.
B.
All roads and streets shall be graded to a minimum width of 30 feet with a minimum cartway of 18 feet.
C.
Stumps, roots and sods shall be removed from said minimum width of the road.
D.
Topsoil shall not be used as fill in the subgrade.
E.
Supervisors shall approve fill materials or have any unsuitable materials removed.
F.
All large rocks or boulders shall be broken off not less than 36 inches below the surface of the subgrade.
G.
All roads shall be well-drained in the opinion of the Supervisors. The minimum size of pipe shall be 15 inches.
H.
Grades shall not exceed 7% maximum.
[Amended 5-10-2004]
I.
The subgrade shall be brought to a firm, thoroughly compacted surface by rolling with an approved three-wheel ten-ton roller.
J.
After the subgrade has been prepared to the satisfaction of the Township Supervisors or their designee, a base course shall be applied to a width of 26 feet, consisting of graded, crushed stone or shale and be compacted to a minimum thickness of six inches by an approved three-wheel roller weighing not less than 10 tons. The above standards shall apply unless special conditions shall, in the opinion of the Supervisors or their designee, require a base course thicker than six inches compacted.
K.
A course of bituminous material shall then be applied to the base course when completed for the full base course width of 26 feet; said course shall meet the requirements of the Pennsylvania Department of Highway ID2 Form 408 to a compacted depth of 1 1/2 inches. A final wearing course of a depth of one inch of ID2 shall then be applied to the cartway width of 18 feet. Shoulders shall be Type Seven as set forth in Form 408.
L.
The Township shall have no responsibility of any kind with respect to any highway or drainage facility in connection therewith, notwithstanding the use of the same by the public, unless the highway or drainage facilities are accepted by resolution of the Supervisors.