[HISTORY: Adopted by the Board of Commissioners of the Township
of Shaler as indicated in article histories. Amendments noted where
applicable.]
GENERAL REFERENCES
Rights-of-way — See Ch.
176.
Subdivision of land — See Ch.
195.
Vehicles and traffic — See Ch.
212.
[Adopted 1-12-2021 by Ord. No. 1958]
A. This article shall be known as the "Township of Shaler Street Opening
Ordinance."
B. The purpose of this article is to provide minimum standards to safeguard
persons, to protect property, to ensure prompt and proper excavation
and repair of street openings and excavations in the Township streets
and rights-of-way, and to control the opening or excavation of Township
streets and rights-of-way.
A. Permit required.
(1) It shall be unlawful for any person to make any tunnel, opening or
excavation of any kind in or under the surface of any street without
first securing a permit from the Township Manager for each separate
undertaking; provided, however, any person maintaining pipes, lines
or other underground facilities in or under the surface of any street
may proceed with an opening without a permit when emergency circumstances
demand the work to be done immediately, provided the permit could
not reasonably and practically have been obtained beforehand. In such
cases where emergency openings are necessary, however, the Township
shall be notified prior to such openings in one of the following manners:
(2) The person shall thereafter apply for a permit on the first regular
business day on which the office of the Township Manager is open to
the public, and said permit shall be retroactive to the date when
the work was begun.
B. Street openings limited. No person to whom a permit has been granted
shall perform any of the work authorized by such permit in any amount
greater than that specified in the permit. If the permittee desires
to perform additional work not in excess of an amount greater than
10% of the amount initially specified in the original permit, the
permittee may apply to the Township Manager for an amended permit
for the additional work. If the additional work desired to be performed
by the permittee exceeds 10% of the amount specified in the original
permit, an application for a new permit shall be made. Any deposit
or bond posted in connection with the original permit shall be deemed
to cover any such additional work as may be added pursuant to the
issuance of an amended permit within the limit specified herein.
C. Commencement of work. Work for which a permit has been issued shall
commence within 30 days after the issuance of the permit therefor.
If not so commenced, the permit shall be terminated automatically
unless the permittee applies for an extension of time within which
to commence work. If such an extension is granted, the original permit
shall remain in force for the period of time specified in the extension.
Permits which terminate by reason of failure to commence work within
30 days after issuance or within any extension of time granted hereunder
may be renewed only upon the payment of an additional permit fee as
originally required.
D. Permits nontransferable. Permits are not transferable from one person
(permittee) to another, and the work shall not be performed in any
place other than the location specifically designated in the permit.
E. Expiration of permits. Every permit shall expire at the end of the
period of time which shall be set out in the permit. If the permittee
is unable to complete the work within the specified time, he shall,
prior to expiration of the permit, present, in writing, to the Township
Manager a request for an extension of time, setting forth therein
the reasons for the requested extension. If the Township Manager finds
that the failure to complete the work under the permit within the
time specified therein was due to circumstances reasonably beyond
the control of the permittee and that an extension of time to complete
the work under the permit is necessary and not contrary to the public
interest, the permittee may be granted additional time for the completion
of the work.
F. Municipal utility cuts. All street openings required by the Township
shall be made and restored under the direction and supervision of
the Township Engineer or their designee. The permit, fee, deposit,
insurance and bond requirements of this article shall not be applicable
to any openings made by or on behalf of the Township itself.
G. State and county highways. The provisions of this article shall not
be applicable in those instances where the street or highway is maintained
by the commonwealth or by the County of Allegheny; provided, however,
that any person applying for a permit to do work within the right-of-way
of a street or highway maintained by the Commonwealth of Pennsylvania
or by the County of Allegheny which would otherwise require a permit
under the terms of this article shall notify the Township Manager
at the time that said application is made and at the time that the
work under any permit issued pursuant to said application is begun
so that proper safety precautions may be taken by the Township during
the continuation of said work.
H. Rights of Township. Every permit shall be granted subject to the
right of the Township or of any other person entitled thereto to use
the street for any purpose for which such street may lawfully be used
not inconsistent with the permit.
I. Revocation of permits.
(1) Any permit may be revoked by the Township Manager, after notice to
the permittee, for:
(a)
Violation of any condition of the permit or of any provision
of this article.
(b)
Violation of any other applicable provision of the Township's
Municipal Code or any law relating to the work.
(c)
Existence of any condition or the doing of any act constituting
or creating a nuisance or endangering the life or property of others.
(2) A permittee shall be granted a period of three days from the date
of the notice to correct the violation and to proceed with the diligent
prosecution of the work authorized by the permit before said permit
is revoked.
(3) Written notice of any such violation or condition shall be served
upon the permittee or his agent engaged in the work. The notice shall
contain a brief statement of the reasons for revoking the permit.
Notice may be given either by personal delivery thereof to the person
to be notified or by certified or registered United States mail addressed
to the person to be notified.
(4) When any permit has been revoked and the work authorized by the permit
has not been completed, the Township Manager shall do or cause to
be done such work as may be necessary to restore the street or part
thereof to as good a condition as before the opening was made. All
expenses thereby incurred by the Township shall be recovered from
the deposit or bond the permittee has made or filed with the Township.
Any application for a street opening permit shall provide a
specific time during which the street opening or excavation may remain
open, the place where said opening or excavation may be made, together
with the probable length, width, and depth thereof, and such further
information as the Township Engineer may require. No permit for any
street opening will be granted where the proposed excavation is to
remain open and unfilled for more than two calendar days. The application
shall include specific details on the manner in which the applicant
proposes to ensure safe and expedient traffic flow as well as measures
which will provide for adequate notice of the existence of a street
opening, including suitable barriers, signage, and flashing lights,
during hours when the excavation is open but unattended all in accordance
with PennDot Publication No. 213, "Temporary Traffic Control Guidelines."
At all times when work is being conducted under the permit, the applicant
must have certified flaggers and other personnel dedicated to routing
traffic around the excavation site. A steel plate which fully covers
the excavation and allows traffic to safely pass over it is required
during nonworking hours.
A. Opening and excavation restrictions.
(1) No opening or excavation in any street shall extend beyond the center
line of the street before being backfilled and the surface of the
street temporarily restored, except under those circumstances when
prior approval has been granted by the Township Manager.
(2) No more than 250 feet measured longitudinally shall be opened in
any street at any one time, except by special permission of the Township
Manager.
(3) All utility facilities shall be exposed sufficiently or definite
location shall be determined ahead of trench excavation work to avoid
damage to those facilities and to permit their relocation, if necessary.
(4) Pipe drains, pipe culverts, French drains or other facilities encountered
shall be protected and, if necessary, restored and/or replaced by
the permittee.
(5) Any person whose facilities are damaged or caused to be relocated
by the permittee shall notify the permittee and the Township of such
damage and thereafter may make the necessary repairs or relocation
and file a claim against the permittee with the Township for the cost
of such repairs or relocation. Public utility companies concerned
shall be notified by the Township in sufficient time to determine
the validity of the damage or relocation claims. The cost of such
repair work or relocation work may be withheld by the Manager from
the deposit, pending determination of liability for the damage.
(6) Monuments of concrete, iron or other lasting material set for the
purpose of locating or preserving the lines of any street or property
subdivision or a precise survey reference point or a permanent survey
bench mark within the Township shall not be removed or disturbed or
caused to be removed or disturbed unless permission to do so is first
obtained, in writing, from the Township Manager. Permission shall
be granted only upon condition that the permittee shall pay all expenses
incident to the proper replacement of the monument.
(7) When work performed by the permittee interferes with the established
drainage system of any street, provision shall be made by the permittee
to provide proper repair or replacement of the drainage system, subject
to approval by the Township.
(8) When any earth, gravel or other excavated material is caused to flow,
roll or wash upon any street, the permittee shall cause removal of
same from the street within eight hours after deposit to permit safe
flow of traffic. In the event the earth, gravel or other excavated
material so deposited is not removed as specified, the Township Manager
shall cause such removal, and the cost incurred shall be paid by the
permittee or deducted from his deposit.
(9) Every permittee shall place around the project such barriers, barricades,
lights, warning flags and danger signs as shall be determined by the
Township Engineer to be necessary for the protection of the public.
Additional safety requirements may be prescribed by the Township Engineer
or their designee and, where applicable, shall be in conformance with
the requirements set forth in 67 Pa. Code § 203.1 et seq.,
dealing with work zone traffic control. Copies of the publication
shall be made available in the office of the Township Manager for
inspection by the public. Whenever any person fails to provide or
maintain the required safety devices, such devices shall be installed
and maintained by the Township. The amount of the cost incurred shall
be paid by the permittee or deducted from his deposit. No person shall
willfully move, remove, injure, destroy or extinguish any barrier,
warning light, sign or notice erected, placed or posted in accordance
with the provisions of this section.
(10)
Access to private driveways shall be provided, except during
working hours when construction operations prohibit provision of such
access. Free access must be provided at all times to fire hydrants.
(11)
Work authorized by a permit shall be performed between the hours
of 7:00 a.m. and 7:00 p.m., Monday through Saturday, unless the permittee
obtains written consent from the Township Manager to do the work at
an earlier or later hour. Such permission shall be granted only in
the case of an emergency or in the event the work authorized by the
permit is to be performed in traffic-congested areas.
(12)
In granting any permit, the Township Manager may attach such
other conditions thereto as may be reasonably necessary to prevent
damage to public or private property or to prevent the operation from
being conducted in a manner hazardous to life or property or in a
manner likely to create a nuisance. Such conditions may include, but
shall not be limited to:
(a)
Limitations on the period of the year in which the work may
be performed.
(b)
Restrictions as to the size, weight and type of equipment.
(c)
Designation of routes and/or bonding of roadways upon which
materials may be transported.
(d)
Designation of the place and manner of disposal of excavated
materials.
(e)
Requirements as to the laying of dust, the cleaning of streets,
the prevention of noise, and other results offensive or injurious
to the neighborhood, the general public or any portion thereof.
(f)
Regulations as to the use of streets in the course of the work.
(13)
Hydra-hammer, headache ball. The use of a mechanical device
for the breaking of pavement, such as a hydra-hammer, headache ball,
etc., will be permitted only under special written permission of the
Township Engineer.
B. Backfilling and restoring opening.
(1) All pavement cuts, openings and excavations shall be made in a workmanlike manner utilizing a jackhammer or road saw and backfilled properly by the permittee utilizing only stone material as prescribed by Township specifications. Unless the permittee has been granted permission to restore the street surface as provided in Subsection
B(4), the permittee also shall place a temporary surface on the pavement cut, opening or excavation in accordance with Township specifications. If the permittee has been granted permission to restore the street surface but weather conditions are such as to prevent the completion of permanent restoration of the street surface at the time backfilling is completed, the permittee shall install a temporary surface in accordance with Township specifications until such time as weather conditions will permit permanent restoration of the street surface.
(2) The Township Engineer shall be notified by the permittee during the
forty-eight-hour periods preceding the beginning of backfilling and
of restoration and the approximate time each will be begun.
(3) No backfilling or restoration shall be accomplished unless or until
the Township Engineer or their designee is present or permission has
been granted for backfilling or restoration after inspection by the
Township Engineer or their designee.
(4) The work of final restoration, including both paving surface and
paving base, shall be performed directly by and at the public utility
company's expense; however, upon a public utility company's
application for permission to perform the work of restoration, the
Township may elect to perform the work of restoration utilizing its
own employees/contractor. In such case, the work of restoration, including
both paving surface and paving base, shall be at the expense of the
permittee; this also includes any applicable inspection fees.
(5) If the Township Engineer or their designee finds that paving surfaces
adjacent to the street openings may be damaged where trenches are
made parallel to the street, or where a number of cross trenches are
laid in proximity to one another, or where the equipment used may
cause such damage, he may require a negotiated contribution from the
permittee for the resurfacing in place of patching of such street
if the total area of the proposed patch or probably damaged area exceeds
25% of the total pavement surfacing between curb faces or between
concrete gutter edges. Such negotiations shall be carried on and contributions
agreed upon prior to issuance of a permit.
(6) After excavation is commenced, the work of making and backfilling the same shall be prosecuted with due diligence. Unless the provisions of Subsection
B(1) of this section apply, the permittee is required to complete permanent restoration of the street surface in accordance with Township specifications within 10 days after repairs and/or installation are completed. Furthermore, the permittee shall be required to install and maintain a temporary pavement surface in accordance with Township specifications during:
(a)
The period between the completion of repairs and/or installation
and the commencement of final restoration; and
(b)
The periods during the actual work when workers do not require
access to the excavation.
(7) Inspections of all work authorized by a permit shall be made by the
Township Engineer or their designee at such times and in such manner
as required to assure compliance with provisions of this article.
If the nature of the work to be performed under any permit is such
as to require the services of a full-time inspector, the Township
Manager shall provide for the services of such an inspector.
(8) All inspection costs shall be borne by the permittee. Such costs
shall be based upon a schedule of charges on file in the office of
the Township Manager.
(9) Upon completion of all work accomplished under the provisions of
a permit, the permittee shall notify the Township Manager in writing.
A certificate of final inspection shall be issued to each permittee
no sooner than one year and not later than 18 months after the permanent
restoration of the excavation has been made, providing the work authorized
by the permit has been performed according to Township specifications.
Prior to the issuance of a certificate, the Township Engineer or their
designee shall make a final inspection of the restoration to determine
whether Township specifications have been adhered to.
(10)
If any settlement in a restored area occurs within a period
of two years from date of completion of the permanent restoration,
and the permittee fails to make such correction after notification,
any expense incurred by the Township in correcting such settlement
shall be paid by the permittee or recovered from his bond, unless
the permittee submits proof satisfactory to the Township Manager that
the settlement was not due to defective backfilling.
(11)
In no case shall any opening made by a permittee be considered in the charge or care of the Township or any of its officers or employees, and no officer or employee of the Township is authorized in any way to take or assume any jurisdiction over any such opening, except in the exercise of the police power when it is necessary to protect life and property; provided, however, that the Township assumes charge when making final surface restoration unless the permittee has been granted permission to perform the work of restoration of the street surface as provided in Subsection
B(4).
(12)
If the proposed repair is within two years of the Township's
approved Road Program, the permittee may negotiate with the Township
Engineer an appropriate restoration until the road is to be bid and
paved. The permittee shall negotiate with the Township Engineer the
appropriate payment to be made for the paving.
No permit shall be issued which would allow any excavation or
opening in a paved and improved street surface, or in the right-of-way
adjacent to the street surface if such activity in the right-of-way
would impair the street surface, of any paved and improved street
surface that is less than seven years old, unless the applicant strictly
adheres to applicable Township standards and can demonstrate clearly
that the public health or safety requires the proposed work be permitted,
or unless an emergency condition exists that requires that the work
be performed.
All restoration work shall be performed in accordance with Township
specifications as contained in the "Shaler Township Standard Details"
manual, a copy of which will be made available upon request, and to
the satisfaction of the Township Engineer.
The applicant shall be required to submit, along with their
application, video and/or photographic documentation that adequately
demonstrates the preconstruction conditions along the path of the
proposed street opening and all adjacent areas.
A. Nonresidents. A permit fee shall be required as established and adjusted
from time to time in accordance with the Township's published
schedule of rates and permit fees. In addition to the permit fee,
the applicant shall be required to deposit the estimated cost of the
repair work associated with the permit or provide such other type
of security for the timely performance and quality of the work as
the Township Engineer in their sole discretion deems acceptable, including
but not limited to performance bonds, maintenance bonds, certified
funds, and letters of credit. The Township Engineer or designee shall
establish the cost of the repair work based on the application and
the design plans provided by the applicant. Such costs shall include
all backfilling, temporary and final restoration costs. The Township
will deposit the repair deposit in an interest-bearing account for
the purpose of conducting any curative work. The Township shall retain
the full amount of the repair deposit until such time that all final
repairs have been completed in accordance with all provisions of this
article. Upon certification by the Township Engineer that the work
is complete, 15% of the repair deposit shall be retained by the Township
for a period of 365 days. At the end of this 365-day period, if the
work remains in a satisfactory condition, the Township shall refund
the remaining amount of repair deposit to the applicant. If the applicant
does not comply with all of the provisions of this article in a full
and timely manner, the Township may use the repair deposit or the
remainder thereof to complete the repair work required under the permit.
Any unused portion of the repair deposit, after such work has been
completed and paid for by the Township, shall be returned to the applicant.
B. Legal, administrative and engineering expenses. In addition to a
permit fee and a repair deposit, the applicant shall be required to
deposit funds into an escrow account to cover the estimated costs
of the Township's legal, administrative and engineering expenses
associated with the permit. The amount of the deposit shall be determined
by the Township in consultation with the Township's Engineer
and the Township Solicitor. The required deposit shall be paid in
cash or by certified check. The Township will deposit the legal, administrative
and engineering deposit in an interest-bearing account. All interest
earned on the account on any legal, administrative and engineering
deposits shall be the property of the Township. Should, at any time
during the construction associated with a permit, the legal, administrative
and engineering deposit be determined to be insufficient to cover
the Township's costs for such services, the applicant shall be
required to deposit additional sums as may be determined by the Township.
Should the applicant fail to submit the additional funds within three
business days, the Township may revoke the permit until the additional
funds are provided. Any portion of the legal, administrative and engineering
deposit that exceeds the Township's actual costs for such services
shall be returned to the applicant upon certification from the Township's
Engineer or designee that all work authorized has been completed.
C. Residents.
(1)
Notwithstanding Subsection
A above, the permit application fee for private residents of the Township who own a fee simple interest in the affected property in the Township shall be as established and adjusted from time to time in accordance with the Township's schedule of rates and permit fees. No repair deposit will be required for a resident, provided the following conditions are met:
(a)
The street/road opening or excavation is necessitated by conditions
existing on the property owned by such resident, and such condition
is related to a domestic sewage, stormwater, or other flooding condition
experienced at that property.
(b)
The permit applicant is the Township resident.
(c)
The resident executes an agreement, on a form to be provided
by the Township, accepting the placement of a lien on the resident's
property in the event that the Township is required to undertake any
curative work.
(2)
The resident shall inform the Township within 30 days of the
date of completion of the work approved under the permit. After inspection
by the Township Engineer or their designee, if the work is judged
to be complete and satisfactory at that time, the applicant shall
be responsible for maintaining the completed excavation for a period
of 365 days from the date of the inspection and shall repair or correct
any deficiencies in the work. If the resident fails to correct or
repair the work within 15 calendar days of receipt of written notice
from the Township Engineer, the Township may elect to conduct any
necessary repair work itself, in which case the resident shall pay
the Township's direct costs (including administrative costs)
within 30 days of receipt of written demand from the Township. If
such resident fails to make timely payment of all the Township's
direct costs (including administrative costs), the Township shall
be authorized to place a lien against the property in the amount of
the Township's direct costs (including administrative costs).
The amount of the lien shall be adjusted each year to include interest
at the rate of 6%.
D. Multiple applications during one year.
(1)
An applicant who demonstrates, in writing, that it expects to submit multiple applications during the course of a single year under this article may request the Township to retain the repair deposit for the largest of the proposed openings to be placed in an interest-bearing account by the Township. Such repair deposit shall be kept for the purpose of conducting any curative work required at any of the applicant's road openings. An applicant who elects this approach and receives written approval from the Township shall thereafter be required to pay only the legal, administrative and engineering costs of the applicable permit fee required by Subsection
B for each additional road opening application, as long as:
(a)
The applicant fully complies with the other provisions of this
article;
(b)
The size of the road opening for which the application is submitted
is equal to or smaller than that of the original permit for which
the applicant requested the Township to retain the repair deposit;
(c)
The Township is not required to conduct any curative work.
(2)
In the event that the Township is required to perform curative work at any of the applicant's road openings, the applicant shall thereafter be notified by the Township of the amount of the repair deposit, if any, remaining after such curative work is performed. Within 30 days of such notification, the applicant shall replenish the amount of the repair deposit to the level required under Subsection
A for the original permit.
(3)
All Township governmental entities established by the Township
may apply for relief of fees and escrow at the sole discretion of
the Township Engineer. This will be reviewed on a case-by-case basis.
No permit will be issued by the Township until the applicant, or in the case of a Township resident who applies under §
192-7.1C above, the applicant's contractor, shall have filed with the Township the following, which shall be approved by the Township Manager, Engineer or their designee:
A. A certificate or other document, issued by an insurance company properly
authorized to do business in the Commonwealth of Pennsylvania, evidencing
the issuance to the applicant of a policy of public liability and
property damage insurance in an amount sufficient to indemnify and
save harmless the Township and any adjacent property owner from damage
which may be occasioned by the proposed street excavation or right-of-way
opening. The said policy shall be in an amount not less than $1,000,000
for injury to persons and $500,000 for injury to property arising
out of a single occurrence. The certificate shall name the Township
as an additional insured party as to work performed upon, under or
in the streets or rights-of-way of the Township, and a copy of such
policy naming the Township as an additional insured shall be provided
as a part of the application.
If the work in opening, filling or maintaining or permanently
paving and completely restoring the area of any street opening or
excavation or right-of-way disturbance shall not be properly done
or shall be unskillful or incompletely performed, based upon the evaluation
of the Township Engineer or their designee in their sole discretion,
the Township may, by letter to the permittee, declare the permittee
to be in violation of the permit and shall provide an opportunity
for the permittee to cure such violation. The violation shall be cured
within five calendar days from the permittee's receipt of written
notice. If such curative work has not been commenced and fully and
satisfactorily completed within such time period, the Township shall
declare the permittee in violation of the permit and shall proceed
to contract for such work as is required to fully restore the affected
area to its approximate original condition, grade and appearance.
In this event, any unreleased portion of the permit fee shall be retained
by the Township and treated as an escrow fund to be used by the Township
to satisfactorily complete such work. Any unused portion of the permit
fee shall be returned.
No new openings under an existing permit shall be made and no
new permit shall be issued to any person, firm, corporation or entity
where either the person, firm, corporation, or entity is in violation
of this article or the Township has undertaken work to properly complete
the work required under a prior permit.
The Township Engineer or their designee shall have the right
to observe and inspect all work done pursuant to the permit. The Township
Engineer or their designee shall ensure that all provisions of this
article and the terms and conditions of the permit are enforced and
complied with.
Any person violating any of the provisions of this article shall,
in addition to loss of the application fee, upon conviction thereof
before the District Justice, pay a fine of not more than $1,000, plus
costs of prosecution. In default of payment of such fine and costs,
such person shall be imprisoned for not more than 30 days. Each day
such violation is committed or permitted to continue shall constitute
a separate offense and shall be punishable as such hereunder.
In the event that any person, corporation or entity commences
excavation or other disturbance in the Township street or right-of-way
which requires a permit under this article without first obtaining
a permit, and such person does not i) immediately cease work upon
notice from either the Code Enforcement Officer, Township Engineer
or police officer; ii) restore the affected area to allow traffic
to safely pass over the area (which shall include the placement of
a steel plate); and iii) immediately apply for a permit, the Township
shall be authorized to impound any equipment which continues to be
used at the site after the cessation notice is provided.
All ordinances and parts of ordinances inconsistent herewith
are hereby repealed.
[Adopted 4-11-1978 by Ord. No. 1439]
It shall be unlawful for any individual or corporation, as owner,
agent, lessor, lessee or employee of land or buildings in the Township
of Shaler, to shovel or otherwise deposit snow or ice from the premises
owned or occupied by said individual or corporation into the streets
or highways of the Township of Shaler.
[Amended 8-8-1978 by Ord.
No. 1452; 11-15-1988 by Ord. No. 1631]
For each and every violation of the provisions of this article,
any person or corporation, either as owner, agent, lessor, lessee
or employee, violating any of the provisions of this article, shall,
upon conviction for a summary offense by the issuing authority for
the magisterial district which includes the Township of Shaler, be
sentenced to pay a fine of $600 and costs of prosecution and, in default
of payment thereof, may be committed by the issuing authority to prison
in conformity with the Pennsylvania Rules of Criminal Procedure.