[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.