[HISTORY: Adopted by the Board of Supervisors
of the Township of Kilbuck as indicated in article histories. Amendments
noted where applicable.]
[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]
A.
APPLICANT
EMERGENCY
PERMITTEE
PERSON
STREET
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:
Any person, as defined in this section, who makes application
for a street opening permit.
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.
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.
Includes any natural person, partnership, firm, association,
utility, authority, or corporation.
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]
E.
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.
