[Ord. 2005-02, 1/12/2005, § 1]
It shall be unlawful for any person, firm or corporation to
make any opening or excavation in or under any street, alley or thoroughfare
within the limits of Shrewsbury Township, including those streets
which are maintained by the Commonwealth of Pennsylvania Department
of Transportation ("PennDOT"), unless and until a permit be secured
from the Township Secretary for each such separate undertaking. Such
permit and the application therefor shall be in the form supplied
by the Township Secretary and shall contain a statement that the applicant
agrees to the terms of this Part. The Township Board of Supervisors
shall have the authority to prohibit any work being done without a
proper permit or any work being done contrary to the terms of this
Part.
[Ord. 2005-02, 1/12/2005, § 2]
No opening shall be made in the surface any improved highway
or street which is maintained by PennDOT or any other street, alley,
thoroughfare or sidewalk within Shrewsbury Township until and unless
a permit has been obtained under this Part and until a cash deposit
or bond conditioned upon the proper restoration of the surface in
accordance with the adopted standards of this Part for the particular
type of construction has first been supplied and filed with the Township
Secretary of Shrewsbury Township. This requirement shall be at the
discretion of Shrewsbury Township and may be waived in any proper
case. The Township may provide by regulation for the amount and form
of said bond.
[Ord. 2005-02, 1/12/2005, § 3; as amended by Ord.
2008-02, 8/6/2008; and by Ord. No.
2023-03, 5/3/2023]
A.
The fees and charges set forth below are hereby imposed, and the
amount of the same may be modified by resolution of the Township Board
of Supervisors.
(1)
A permit fee is hereby imposed in an amount as established from
time to time by resolution of the Board of Supervisors with each cut
requiring a separate permit. The permit shall allow the permittee
to close portions of the Township street for a period not to exceed
three days per opening, or as required, upon written request received
by the Township Secretary.
(2)
An inspection fee is hereby imposed for work completed, the
amount of which shall be based on the then current rates charged by
the Township Maintenance Supervisor. These fees will be reasonable
and customary. The permittee shall notify the Township Secretary a
minimum of 72 hours in advance of final restoration to schedule an
appointment to have a representative of the Township inspect the excavation
prior to final restoration and covering.
(3)
A degradation fee is hereby imposed in an amount as established
from time to time by resolution of the Board of Supervisors calculated
by actual measurement of the area involved in the completed work.
(4)
The amount of the required restoration bond or other security
shall be established in an amount as established from time to time
by resolution of the Board of Supervisors.
(5)
Liability insurance is required and shall be maintained at the
minimum coverage of $1,000,000. A certificate of insurance must be
filed with the Township Secretary before work may begin.
[Ord. 2005-02, 1/12/2005, § 4]
Where the work must be completed by the Township after the roadway,
street, thoroughfare, alley or sidewalk is restored, the permittee
shall be billed for the total cost including, but not limited to,
repairs, labor, materials, equipment rental and all other proper charges
for the resurfacing plus an additional cost of 10% of the total cost,
plus an additional 20% thereof to cover future repairs caused by the
excavation, which bill must be paid by the permittee within 15 days
of the mailing thereof by the Township.
[Ord. 2005-02, 1/12/2005, § 5; as amended by Ord.
2008-02, 8/6/2008]
An additional charge in an amount as established from time to
time by resolution of the Board of Supervisors shall be paid by the
permittee for each day that the street is closed for traffic by reason
of said excavation or work on the street under the permit.
[Ord. 2005-02, 1/12/2005, § 6]
It shall be the duty of any person or persons, firm or corporation
to whom a permit is issued or by whom any opening or excavation is
made as aforesaid to provide and maintain proper and adequate guard,
barriers and lights to prevent accidents, and they shall assume all
risks and be liable for all damages by reason of the openings and
the excavations and by reason of any failure to properly fill the
hole or trench or of any failure to maintain the disturbed surface
in a safe condition. Maintenance and protection of traffic during
any work under the permit shall be in accordance with the Commonwealth
of Pennsylvania, Department of Transportation, Publication 203, "Work
Zone Traffic Control" (67 Pa.Code, Chapter 203), dated April 1, 1994,
or most current.
[Ord. 2005-02, 1/12/2005, § 7; as amended by Ord. No. 2023-03, 5/3/2023]
1.
Temporary Restoration. It shall be the duty of any person, fine or
corporation causing an opening or excavation to be made to thoroughly
and completely backfill the same (See Figure 1). The permittee will
temporarily pave the opening immediately after backfilling is complete
and shall maintain said filled opening for a period not to exceed
six months, by which time the opening shall be permanently restored.
The permittee is responsible for providing a smooth riding surface
at all times over the trench or opening and shall make required repairs
as directed by the Township Maintenance Supervisor or his representative.
The maximum length of unsurfaced trench shall not exceed 100 feet
at any time.
2.
Permanent Restoration. All streets or public ways to be restored
permanent with a minimum of:
A.
Six inches of bituminous concrete base course and 1 1/2 inches
of ID-2 bituminous wearing course (See Figure 1).
B.
If on a state route, restoration shall be as directed by PennDOT.
|
All edges must be sawed in a suitable manner and are to be coated
with hot AC-20 asphalt cement or an approved emulsion prior to placing
the ID-2. After the wearing surface has been placed and thoroughly
compacted, the cut or surface where old and new meet will again be
sealed with AC-20 asphalt cement or an approved emulsion.
|
3.
Additional Restoration Requirements. If the permittee opens any roadway
pavement having a bituminous concrete surface, whether to install
a new facility or to modify an existing facility, the permittee shall
comply with the following requirements:
A.
When a longitudinal opening longer than 10 feet and wider than three
feet is made in the roadway pavement, the permittee shall overlay
the entire traffic lane in which the opening was made, for the entire
length of the roadway that was opened, as directed by the Township
Engineer.
B.
When two or more transverse trench openings are made in the roadway
pavement less than 30 feet apart, the permittee may be required to
overlay all traffic lanes in which the openings were made, for the
entire length of roadway between such opening, as directed by the
Township Engineer.
C.
When five or more square type openings have been made by the same
permittee in the roadway pavement less than 50 feet apart, the permittee
may be required to overlay all traffic lanes in which the openings
were made, for the entire length of roadway covering such openings.
D.
When two or more square type openings are made within 10 feet of
each other, the Township Engineer may require the permittee to connect
all holes and treat such as one opening.
E.
Where disturbed lanes adjacent to undisturbed lanes are overlayed,
the edge of the disturbed lane shall be saw cut to a depth of 1 1/2
inches for the length of the opening and the detached material removed,
in order to insure a smooth joint. A full width overlay may be performed
instead of saw cutting and stripping the disturbed lane or lanes.
4.
Clean Up. Streets and alleys shall be kept free of mud, dust and
aggregate material at all times. Sweeping shall occur when required.
[Ord. 2005-02, 1/12/2005, § 8]
If the work in opening or in filling does not conform to the
requirements of this Part, the Township Engineer, or any other person
designated by Board of Supervisors may cause the same to be done in
the manner the Engineer deems to be Proper. The expense thereof, including
any overhead expense, shall be charged to and promptly paid by the
person, firm or corporation by whom the opening or excavation was
made, together with 50% additional. This charge shall also be a claim
under the bond as specified above. No permit shall be issued to any
person, film or corporation in default under this Section until the
cost and penalty herein provided are paid, and no further permit shall
be granted to any person, firm or corporation unless and until the
openings or excavations already caused by them have been properly
filled as aforesaid, in a safe condition and at the proper grade,
of which the said Engineer, or other person designated by Board of
Supervisors, shall be the judge.
[Ord. 2005-02, 1/12/2005, § 9]
In no case shall any opening or excavation made by any person,
firm or corporation be considered in the charge or the care of the
Township, or any officer or person employed by the Township, and no
officer or employee is authorized to, in any way, take or assume any
jurisdiction over any such opening or excavation.
