[HISTORY: Adopted by the Board of Supervisors
of the Township of Fairview as indicated in article histories. Amendments
noted where applicable.]
GENERAL REFERENCES
Vehicles and traffic — See Ch. 239.
[Adopted 2-6-1995 by Ord. No. 1-1995]
This article shall be known as the "Winter Regulation
of Parking and Snow Placement onto Streets Ordinance."
The purpose of this article is to ensure the
safety and welfare of the residents of the Township of Fairview ("Fairview")
by facilitating the flow of the vehicular traffic and emergency vehicles
through proper maintenance of roads when removing snow and ice by
the restriction and regulation of parking and placement of snow and
ice onto the streets and highways of Fairview.
From and after the effective date hereof, it
shall be unlawful to park or allow to be parked any motor vehicle
or other vehicle on any street or road in Fairview from the onset
of any snowfall and until the snow has stopped falling and the snow
and ice has been completely removed by or for Fairview.
Either the Chief of Police or the Chairman of
the Board of Supervisors of Fairview Township is hereby authorized
and empowered to remove and impound, or to order the removal and impounding
of, any vehicle abandoned or illegally parked upon any public highway
or street in violation of the terms and provisions of this article.
Removal and impounding of vehicles under this
article shall be done only by approved storage garages and shall be
designated from time to time by the Board of Supervisors of Fairview
Township ("Supervisors"). Every such garage shall submit evidence
to the Supervisors that it is bonded or has acquired liability insurance
in an amount satisfactory to the Supervisors as sufficient to indemnify
owners of impounded vehicles against loss or damage to those vehicles
while in the custody of the garage keeper for the purpose of towing
or storage. The approved storage garage shall submit to the Supervisors
its schedule of charges for towing and storage of vehicles under this
article, and when the schedule is approved by the Supervisors, those
charges shall be adhered to by the approved storage garage; no different
schedule of charges shall be adopted without approval of the Supervisors,
and no different charges shall be demanded or collected from any person
whose vehicle is removed or impounded under this article or by any
approved storage garage. The Supervisors shall delete from its list
of approved storage garages any garage that makes any unapproved charge
in connection with any vehicle removed or impounded under this article.
Within 12 hours from the time of removal of
any vehicle under authority granted by this article, notice of the
fact that the vehicle was removed shall be sent by the Supervisors
to the owner of record of the vehicle. The notice shall designate
the place from which the vehicle was removed, the reason for its removal
and impounding, and the garage in which is was impounded.
The payment of any towing and storing charges
authorized by this article shall, unless payment is made under protest,
be final and conclusive and shall constitute a waiver of any right
to recover the money so paid. If payment of any towing or storage
charges is made under protest, the defender shall be entitled to a
hearing before a Magisterial District Judge. Payment of towing and
storage charges shall not relieve the owner or driver of any vehicle
from liability for any fine or penalty for the violation of the provision
of this article for which the vehicle was removed or impounded.
It shall be unlawful for owners, occupants or
tenants of property to place any snow or ice removed from driveways
or walkways onto any public highway or street in Fairview Township.
[Amended 7-7-2008 by Ord. No. 2-2008]
Any person who shall violate any provision of
this article shall be punishable as follows: for a first offense,
be issued a warning; thereafter, upon conviction in a summary proceeding
brought before a Magisterial District Judge under the Pennsylvania
Rules of Criminal Procedure, be guilty of a summary offense and shall
pay a fine to the Township of Fairview of not less than $10 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
90 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 2-2-2016 by Ord. No. 2-2016]
This article shall be known as the "Fairview Township Road Opening
and Excavation Ordinance."
The public interest warrants the regulation of the location
and construction of utility facilities within the rights-of-way of
Township roads for the purpose of:
This article shall apply to any work being performed within
the rights-of-way of a Township road, involving the placement of utility
facilities or other structures or the opening or excavation of a Township
road or rights-of-way for any other reason.
As used in this article, the following terms shall have the
meanings indicated, except in those instances where the context clearly
indicates otherwise:
The person applying for and issued a permit under this article,
which allows for excavation, opening, or demolition within the right-of-way
or cartway of a Township road. The word also includes any person performing
excavation or demolition within the right-of-way or cartway of a Township
road for which this article is applicable or for which a permit is
required. The term "applicant" includes "permittee."
That portion of a Township road which is improved by surfacing
with permanent or semipermanent material and is intended for vehicular
traffic.
The person appointed by the Township Board of Supervisors
for the administration and enforcement of the Code of Ordinances,
including the enforcement of this article.
The partial or complete destruction and removal of any structure
or man-made object, by any means.
Includes any activity within the right-of-way or cartway
of a Township road which involves cutting, breaking or disturbing
the ground or its surface. The term includes the use of powered equipment
or explosives in the movement of earth, rock or other material, and
the anchoring, augering, backfilling, blasting, boring, digging, ditching,
drilling, driving-in, grading, plowing-in, pulling-in, ripping, scraping,
trenching and tunneling within the right-of-way or cartway of a Township
road.
Any natural person, individual, partnership, firm, association,
corporation, political subdivision, municipal authority, public utility,
the commonwealth and its agencies and instrumentalities, or any other
entity.
The right of the public to use property of another whether
improved or unimproved for public travel or uses associated with utilities.
Any public rights-of-way, streets, avenues, roads, squares,
courts, alleys, highways, cartways, or other public place located
in and maintained by the Township. This definition shall not include
county roads, state highways, or private roads or easements.
The Fairview Township Board of Supervisors.
Fairview Township, Luzerne County, Pennsylvania.
It shall be unlawful for any person to make any excavation or
opening of any kind in the ground or under the surface of any road
without first obtaining a permit from the Township Code Enforcement
Officer for each separate undertaking. Application shall be made on
a form provided by the Township. Permits shall be issued for a period
not to exceed six months, and any application to renew an expired
permit shall be treated as a new application, including the payment
of a new permit fee.
Any person maintaining facilities within a road may proceed
with an opening without a permit when emergency circumstances demand
the work to be done immediately, provided the person can show that
the permit could not have been obtained beforehand. The person shall
thereafter apply for a permit on the first business day following
the commencement of work, and the permit, when issued, shall be retroactive
to the date when the emergency work started.
A.
When the Township constructs, surfaces, reconstructs, or resurfaces
any road, the Township may first serve written notice by registered
mail to all persons owning property abutting the road about to be
improved, and to all public utility companies operating within the
Township. Within 90 days of the mailing of the notice, all notified
persons shall complete or cause to be completed all necessary repairs
and replacements of utility mains, service connections, or laterals
existing under the road. A person that has been notified shall complete
or cause to be completed any new installations under the road required
for use within a two-year period thereafter. All repairs, replacements,
and new installations of utility mains, services connections, or laterals
shall be in such condition that they cannot reasonably be expected
to require repairs or replacement within a period of at least two
years from the date the Township has completed the construction, surfacing,
reconstruction or resurfacing any road. A permit shall be denied to
any person making an application within two years from the date the
Township has completed construction, surfacing, reconstruction or
resurfacing of any road when such notice has first been given by the
Township under this section.
B.
Upon failure of any notified person to comply with the notice from the Township to repair, replace or install utilities (mains, service connections or laterals) as provided in § 218-16A above, the Township may cause existing utility mains, service connections, or laterals to be placed or removed if not used or necessary for the public convenience, whereupon the Township shall be entitled to collect the cost of such work from the responsible person, either by invoicing the person or by filing municipal liens against the property owners benefited by such connections.
C.
This section shall not prevent the installation of new pipes, conduits
or other services or structures, or the repair, replacement or removal
of those already existing, in or under the portions of such road improved
by the Township, by tunneling or boring beneath the pavement of the
road during that two-year period. A permit shall be required under
this article for such work, and the permit fee shall be required based
upon the dimensions of the bore using the same schedule as is used
for the making of a surface opening in a road.
All applicants shall pay a fee for a permit under this article
as established by resolution of the Supervisors.
A permit may be issued to the applicant after all the requirements
of this article have been met. If the application is disapproved,
written notice of disapproval together with reasons for denial shall
be given to the applicant.
The work authorized by the permit is subject to all the provisions
of the Underground Utility Line Protection Act of December 10, 1974,
P.L. 852, No. 287, 1 et seq. (73 P.S. § 176 et seq.), as
amended or supplemented from time to time. It shall be the applicant's
responsibility to contact the utilities that have recorded their facilities
in compliance with the Act.
Upon completion of excavation and after opening of a road, the
applicant shall restore the surface by refilling the opening or excavation
in such a manner as to prevent settling to the same condition as it
was before excavation. The surface shall conform to the proper grade
and be of the same covering as the part of the road immediately adjoining
the opening. If within two years after the restoration of the surface
defects in the road appear, the applicant shall reimburse the Township
for the cost of all necessary repairs to the surface or make the necessary
repairs to the surface, as determined by the Supervisors.
All other work in connection with the excavation and opening
of any road, including excavating, protecting, refilling, and paving
(temporary or permanent) shall be done by the applicant at the applicant's
own cost.
The Township shall have the right to inspect and supervise the
work of the applicant to make certain the work complies with this
article. If the Township employs the services of a professional engineer
to inspect or supervise the work of the applicant, then the applicant
shall be required to reimburse the Township the costs of the services
of the professional engineer. When the Township deems it necessary
for compliance with this article, it may require the work to be performed
by the Township, with the applicant paying the Township its actual
costs to perform the work.
If at any time in the future a road is widened, reconstructed,
or the alignment or grades are changed, the applicant agrees to change
or relocate all or any part of the structures covered by the permit
issued under this article which is found by the Township to interfere
with the improvement of the road at its own cost.
Payment for all work done or services contracted by the Township
under this article shall be made by the applicant within 30 days after
an invoice is issued by the Township to the applicant. Upon the failure
of an applicant to pay the invoice within 30 days, the Township may
proceed by filing a civil action for the collection of unpaid invoice,
and the Code Enforcement Officer may also proceed with an enforcement
action under this article, as the nonpayment of the invoice shall
constitute a violation of this article.
Permits are not transferable from one person to another, and
the work shall not be made in any place or to any extent other than
the location specifically designated in the permit.
Any permit may be revoked by the Code Enforcement Officer after
written notice to the applicant for a:
A.
Notice of violation; service. The Code Enforcement Officer shall
have authority to give notice, by personal service, posting of the
property, or by regular United States mail, postage prepaid, to any
person violating this article. The notice shall direct compliance
with this article within five calendar days following service of the
notice. Any notice issued for a violation of this article shall be
sufficient to constitute notice of any subsequent violation, provided
that the violation occurs within the same calendar year.
B.
Corrective measures. When notice of a violation of this article shall be served upon a person, that person shall immediately take the necessary corrective measures before proceeding further with any work for which the permit was originally granted. When, in the opinion of the Code Enforcement Officer, a person has failed to take the necessary corrective measures and a condition or act constituting or creating a nuisance or endangering life or property exists, the Township may order the work to be performed by the Township or a person contracted by the Township, and the cost incurred by the Township may be recovered from the financial security the applicant has filed with the Township. In the event that no financial security has been posted or is inadequate, the amount may be recovered by the Township in accordance with § 218-24 above.
A.
Applicants shall comply with the following specifications and procedures:
(1)
Trench excavation. All trenches excavated within the cartway of an
existing or proposed public street or right-of-way shall be mechanically
compacted with backfill acceptable to the Township Engineer or be
stone backfilled if the cartway is to be paved in the same construction
season, as applicable.
(2)
Street construction. All street pavements shall comply with the provisions
of this section, except as otherwise provided below or unless a specific
different standard is required by PennDOT for a state road.
(a)
All materials, construction procedures and other specifications
shall be in conformance with the latest edition of the PennDOT Publication
408.
(b)
A seven-inch minimum compacted depth stable subbase shall be
provided, using PennDOT Type 2A aggregate or better, unless the Township
Roadmaster preapproves an alternative subbase. The subgrade shall
be properly rolled and crowned.
[1]
The Township may require a greater depth where necessary considering
the conditions of the subgrade. Materials that are unsuitable, wet
soils and soils subject to frost-heave shall be removed and replaced,
drained or otherwise stabilized to handle anticipated loads.
[2]
The Township may require field and/or laboratory testing of
the subgrade, particularly if on-site shale is proposed to be used.
[3]
The Township may require compaction tests, with the Township's
costs reimbursed by the developer.
(4)
For each street, a one-and-one-half-inch compacted minimum depth
9.5 mm Superpave UMA bituminous concrete wearing course shall be provided.
(5)
Shoulders along an arterial street shall meet PennDOT requirements.
Crushed stone or paved shoulders may be used along a collector or
local street.
(6)
All street construction materials shall be certified, in writing,
by the supplier as meeting PennDOT specifications.
(7)
Alternative street specifications. An applicant may, if recommended by the Township Engineer and approved by the Board of Supervisors under § 225-7 of the Fairview Township Subdivision and Land Development Ordinance (SALDO), use an alternative roadbed design that the applicant proves provides the same minimum load capabilities and durability as the required standard.
(8)
Subdrains. In poorly drained areas, suitable subgrade drains or parallel
drains may be required by the Township. Subgrade drains shall conform
to PennDOT Publication 408 and shall be provided with a suitable outlet.
(9)
Alleys and shared driveways. Alleys and shared driveways within public rights-of-ways serving more than one lot shall be constructed with a five-inch minimum compacted depth stone subbase, minimum 2 1/2 inches 19 mm binder course or 3.0 inches 25.0 mm compacted depth bituminous base course, and a 1 1/2 inches minimum compacted depth surface course. For shared driveways, see also § 225-61F of the SALDO.
B.
The Supervisors may change these specifications from time to time
by resolution.
A.
Performance guarantee. Applicants for permits shall submit, together
with the application, financial security by way of certified funds
or cashier's check, an irrevocable letter of credit, or performance
bond in the amount of $1,000 for each permit for opening of a road
up to 100 square feet. For openings in excess of 100 square feet,
or borings, the amount of financial guarantee shall be in the amount
as calculated based upon the procedure outlined in the Fairview Township
Subdivision and Land Development Ordinance (SALDO).[1]
B.
Maintenance guarantees. Upon completion of work, an applicant shall
post maintenance security for a period of 18 months by way of certified
funds or cashier's check, an irrevocable letter of credit, or
a maintenance bond in the amount of $500 for each permit for opening
of a road up to 100 square feet. For openings in excess of 100 square
feet, or borings, the amount of the financial guarantee shall be in
the amount as calculated based upon the procedure outlined in the
Fairview Township Subdivision and Land Development Ordinance (SALDO).
C.
The performance and maintenance guarantees shall be posted in addition
to the permit application fee and the reimbursement of inspection
fees of any professional engineer retained by the Township to perform
such inspections.
Prior to the issuance of a permit under this article, the applicant
shall be required to furnish certificates of insurance, including
workers' compensation insurance, for all employees. The certificate
of insurance required of the applicant shall indicate that the applicant
and the person performing the work are insured against claims for
damages for personal injury as well as against claims for property
damages which may arise from or out of the performance of the work,
whether such performance be by the applicant, the applicant's
subcontractor or anyone directly or indirectly employed by the applicant
to perform the work. Such insurance shall include protection against
liability arising from completed operations. Such insurance shall
provide complete third-party coverage for the Township. The liability
insurance for bodily injury in effect shall be in an amount not less
than $300,000 for each person and $1,000,000 for each accident and
for property damage in an amount of not less than $250,000. Failure
of applicant to file such certificate shall be grounds for denying
a permit. Public utilities and authorities may submit annually such
evidence of insurance coverage in lieu of individual submissions for
each permit.
A.
Any person who violates or permits the violation of this article
shall be guilty of a summary offense and, upon conviction, shall be
sentenced to pay a fine of not less than $300 and no more than $1,000,
plus the costs of prosecution, and, in default of payment of fine
and costs, to imprisonment for a term of not more than 30 days; or
B.
Any person who violates or permits the violation of this article
shall, upon being found liable thereof in a civil enforcement proceedings
commenced by the Township or the Code Enforcement Officer, pay a judgment
of $1,000 per day, plus all court costs, including reasonable attorney
fees incurred by the Township as a result of bringing the enforcement
proceeding.
C.
The fines or penalties imposed or judgement entered under this section
may be in addition to any costs and additional amounts collectible
under this article. Each day that a violation continues shall be deemed
a separate offense.
If any section, subsection, sentence, clause, phrase, or portion
of this article is for any reason held invalid or unconstitutional
by any court of competent jurisdiction, such portion shall be deemed
a separate and distance and independent provision, and such holding
shall not affect the validity of the remaining portions hereof.
All ordinances or parts thereof which are inconsistent with
this article are hereby repealed to the extent of their inconsistencies.
This article shall become effective immediately following its
adoption.
