[HISTORY: Adopted by the Board of Supervisors
(now Township Council[1]) of the Township of Middletown as indicated in article
histories. Amendments noted where applicable.]
GENERAL REFERENCES
Construction codes — See Ch. 89.
Littering — See Ch. 148.
Sewers — See Ch. 180.
Subdivision and land development — See Ch. 210.
Water — See Ch. 242.
Zoning — See Ch. 275.
[1]
Editor's Note: The name of the Township's
governing body became the Township Council as of 1-1-1978, the effective
date of the Home Rule Charter.
[Adopted 7-2-1946 by Ord. No. 7 (Ch. V,
Art. 1, of the 1976 Ordinance Book)]
[Amended 3-7-1949 by Ord. No. 16]
A.
Plan required. No person, partnership, association
or corporation shall construct, open or dedicate any road, street,
lane or alley, or any sewer or drainage facilities in connection therewith,
for public use or travel in the Township of Middletown, without first
submitting plans therefor to the Township Supervisors for their approval,
and no road, street, lane or alley, nor sewer or drainage facilities
in connection therewith shall be opened, laid or constructed except
in strict accordance with plans approved by the Township Supervisors.
B.
Plan and construction specifications. Such plans shall show the profiles of such roads, streets, lanes or alleys, the course, structure and capacity of the drainage facilities, the method of drainage of the adjacent or contiguous territory and drainage profile of the streets and plan showing drainage of the whole property; and the size of the lots which shall conform with Chapter 275, Zoning. All roads and streets shall be of a width of not less than 33 feet, the cartway shall be no less than 18 feet, and all roads and streets connecting with existing streets so as to form a continuation or extension thereof, shall be not less in width than such existing roads and streets. All roads and streets, where possible, shall connect with existing roads and streets, or proposed roads and streets, so as to form as near as possible through road and streets, and a harmonious and systematic development of the Township. The names of the roads and streets shall not conflict with the names of existing roads and streets, and all roads and streets shall be designated by the names of existing roads and streets with which they connect as extensions thereof.
C.
Filing of plan and public hearing. All such plans
shall be filed with the Township Secretary at least 10 days prior
to regular meeting of the Township Supervisors, at which it is desired
to seek approval thereof. Before acting upon any such plans, the Township
Supervisors may, in their discretion, arrange for a public hearing,
after giving such notice as they may deem desirable in each case.
D.
Modification of plan. The Township Supervisors reserve
the right to alter such plans, and to specify any changes or modifications
of any kind which they may deem necessary with respect thereto, and
to make their approval of such plans subject to any such alterations,
changes or modifications.
E.
Required signatures and filing. Any and all plans,
when so approved, shall be signed by the Supervisors, and shall be
filed in the office of the Secretary of the Township, where the same
shall be available to public inspection.
F.
Recording by applicant. The action of the Township
Supervisors in approving any such plans, and such plans, shall be
recorded by the person applying for such approval.
G.
Road improvement. All roads and streets shown on the
said plan shall be improved in accordance with the plans and specifications
prescribed by the Township Supervisors.
H.
Sewer, gas and water mains. All sewers, sewer laterals,
and sewer connections shall be laid on all improved streets before
paving where connection with the Township sewers is practicable, and
shall be required by the Township Supervisors, and all gas and water
mains and all service connections shall be laid before the paving
of the streets where water and gas is available, and all other mains,
pipes and conduits and the like shall be installed before paving of
the cartway where it is proposed to install any such service mains
in the streets.
I.
Requirements necessary for application of approval.
All applications for the approval of such plans shall be in writing
on a blank form to be furnished for that purpose, by the Township
Supervisors, and signed by the owners of the property, which must
be filed with the Secretary of the Township, setting forth in detail
the character of the improvements to be made on the property shown
on said plan, in accordance with the provisions of this article, and
in such application the applicant shall agree to open, lay out and
improve the roads, streets, lanes or alleys, and to construct all
of the improvements, including sewers and drainage facilities upon
the property, shown on the plan, within the time or times therein
specified, and agree to enter into a contract in writing prepared
by the Township Solicitor, to install, erect and construct said improvements.
In addition, the applicant shall furnish a certificate of a reputable
title insurance company, satisfactory to Township Supervisors, which
as of the date of approval, shall set forth the name or names of the
owner or owners of all property covered by such plans and shall show
and shall contain a list of all mortgages, judgments, liens, easements,
contracts and agreements of record in the Office of the Recorder of
Deeds in and for Delaware County, Pennsylvania, which shall affect
the property covered by such plans. If said certificates of title
insurance company shall disclose that any such property shall be subject
to any mortgage, judgment, easement, lien, contract or agreement,
or other matters of record, then at the option of the Township Supervisors,
the holders or owners of such mortgages, judgments, liens, easements,
contracts or agreements shall be required to join in and approve said
application before the same shall be acted upon by the Township Supervisors.
The applicant shall furnish a bond in such amount, under such conditions,
and form, and with surety as shall be approved by the Township Supervisor,
to guarantee the performance of the said contract and to secure the
completion of said improvements within the times therein specified.
In lieu of a bond, the applicant may deposit cash to guarantee performance
of said contract and to secure completion of the improvements upon
an escrow agreement to be prepared by the Township Solicitor and approved
by the Township Supervisors. The escrow agent for the deposits of
such cash shall be designated and selected by the Township Supervisors.
J.
Costs. All applicants shall bear all costs of inspection
of such roads, streets, lanes or alleys, and shall deposit with the
Township Treasurer such sum, as the Township Supervisors determine,
to guarantee payment of such costs; and applicant shall deposit a
filing fee of $35 when application is filed, or such sum as the Supervisors
shall by resolution decide. In addition, all applicants shall bear
all advertising costs in connection with said application and all
applicants shall bear all fees of the Township Solicitor in connection
with said application and in connection with any ordinance prepared
for the acceptance or taking over of any road as a Township highway.[1] The applicant shall deposit an amount necessary to cover
said costs, as determined by the Township Supervisors, with the Township
Treasurer and upon the final conclusion of the consideration of said
application and of the consideration of an ordinance to ordain and
take over said roads as Township highways any part of said deposit
not expended shall be refunded to the applicant.
[1]
Editor's Note: See 53 P.S. § 67316
et seq.
A.
Preparation of subgrade. The subgrade shall be on
undisturbed ground below the topsoil and properly graded and rolled
with a 10 ton three-wheel roller to a bearing strength of 10,000 pounds
per square foot. If fill is required, all topsoil and all organic
material shall be removed. Fill shall be installed in layers not more
than six inches thick and thoroughly compacted with a 10 ton three-wheel
roller or installed in layers not more than 12 inches thick and compacted
with a ten-ton sheep-foot roller or compactor of the same weight.
Fill shall be entirely mineral, shall not contain stumps, trees, brush,
trash, or similar materials or objects, and shall be properly compacted
to the above-mentioned strength. The subgrade shall be finished with
a contour radially parallel to the finished road. Any old wells, cesspools,
dump holes and trenches shall be bridged over with reinforced concrete
or filled in to provide proper bearing strength at subgrade level.
Such bridging or fill shall be noted on the as-built plans. The subgrade
shall be inspected and approved by the Township Engineer before any
stone is applied.
B.
Base course.
(1)
The base course shall be applied in two layers.
(2)
The first layer shall be four inches thick when compressed.
This layer shall be of Pennsylvania Department of Transportation No.
4 stone, spread uniformly on prepared subgrade. After ballast is placed
and spread, it shall be checked with approved templates and straight
edges and all irregularities corrected. The coarse material shall
be compacted by rolling with an approved three-wheel ten-ton roller.
The rolling shall be parallel with the center line of the roadway
uniformly lapping each preceding track and shall continue until material
does not creep or wave ahead of roller wheels. After the materials
has been rolled satisfactorily, fine material for filling the voids
shall be applied. The fine material shall be spread from piles off
the road or from dumping boards, and in no case shall the fine material
be dumped directly on the coarse material. The fine material shall
be stone meeting the size and grading requirements for Pennsylvania
Department of Transportation No. 1 screenings. Mechanical means of
spreading fine material may be approved by the Township Engineer,
provided such means prove satisfactory. The fine material shall be
cast or spread in a series of thin applications parallel with the
roadway until no more material can be forced into voids. Brooms shall
be used to spread the fine material over the surface to ensure even
distribution and filling of all voids. The rolling shall continue
during the process of spreading the fine material and shall begin
at the sides and progress towards the center of the road. Additional
screenings shall be applied where necessary to fill voids and rolling
shall continue until the base is thoroughly compacted and firmly set.
(3)
The first layer shall be inspected and approved by
the Township Engineer before the second layer is started.
(4)
The second four-inch layer shall be installed in the
same manner and with the same material as the first layer and the
finished base shall have the contour of the final road. An inspection
by the Township Engineer is required and approval of the work shall
be obtained before any topping is applied.
(5)
With the approval or by the direction of the Township
Engineer, four inches to five inches bituminous concrete base course
may be substituted in place of the above-described stone base course.
All work shall be in accordance with the current Pennsylvania Department
of Transportation standards and specifications.
C.
Surface.
(1)
Binder course.
(a)
The binder course shall be installed only from
April 15 to October 15. The base must be dry and hard and the air
temperature at least 50° F. and rising.
(b)
The binding course shall be asphalt concrete
mixture in accordance with Pennsylvania Department of Transportation
specifications as described in Bulletin No. 27, as amended, laid with
a paver approved by the Township Engineer and rolled with a tandem
roller not less than 10 tons. Rolling is to be done in a direction
parallel to the roadway properly compacting the course to a thickness
of two inches. The binder course shall be rolled to the contour of
the finished road and shall be straight and even. The Township must
be notified 24 hours prior to installation of this course so that
the Township Engineer can make an inspection.
(2)
Surface course.
(a)
The same general provisions as set forth in Subsection C(1)(a) and (b) above shall apply to the installation of the surface course except that the material for the surface course shall be asphalt concrete in accordance with Pennsylvania Department of Transportation specifications as described in Bulletin No. 27 as amended, and shall be compacted to a thickness of 1 1/2 inches.
(b)
All work shall be done in a workmanlike manner
and special care shall be exercised so that patching is not necessary.
Where a road meets an existing road or portion of a road, the joint
shall be straight and the old road shall be cut back so that feathering
is not necessary.
A.
All concrete curbs shall be 18 inches deep, six inches
wide at the top, eight inches wide at the bottom and shall have a
batter of one inch from the top of the curbing to the surface of the
road. Curbing shall be constructed in ten-foot lengths and a suitable
joint shall be used every 10 feet with an expansion joint every 40
feet. All curbing shall have a minimum strength of 3,500 pounds per
square inch.
B.
All concrete work shall be cured with a moist cloth
or waterproof covering for sufficient time, depending on the temperature,
to attain at least 50% of maximum strength before removal of forms.
Forms shall remain in place in any event for a minimum of 72 hours.
C.
All form work shall be inspected and approved by the
Township Engineer prior to the placing of any concrete or the work
will not be approved. At least 24 hours' notice must be received by
the Township prior to an inspection.
D.
Any cracked, shifted or honeycombed sections will
not be approved by the Township Engineer and such sections shall be
replaced before approval is given.
[Amended 12-14-1981 by Ord. No. 302; 5-12-1986 by Ord. No.
388]
A.
Curbless roads shall be permitted, when it can be
demonstrated to the satisfaction of the Township Engineer that with
the use of swales, holding ponds, and other drainage facilities which
encourage maximum absorption into the ground, the calculated road
drainage runoff is properly and adequately controlled. Curbless roads
shall not be permitted in any instance where the longitudinal slope
of the roadway exceeds 5%.
B.
Curbless roads shall be constructed with a stone shoulder
with a minimum of two feet in width and 10 1/2 inches in depth.
The shoulder should be level in reference to the cross slope of the
road to facilitate interception of road drainage runoff. Shoulder
material shall be Pennsylvania Department of Transportation No. 3
stone.
C.
The area adjacent to the two-foot stone shoulder shall
have topsoil, six inches deep, over a stone seepage bed of width and
depth as required to facilitate the calculated runoff.
[Adopted 3-7-1949 by Ord. No. 15; amended
in its entirety 11-8-1982 by Ord. No. 326 (Ch. III, Art. 2, Sec.
201, of the 1976 Ordinance Book)]
On and after the passage of this article it
shall be unlawful for any person, firm or corporation to open, break
or excavate any highway of the Township by digging or otherwise to
dig a tunnel under the surface of any highway for the purpose of laying
wire, pipe, sewers, drains or conduits of any description or for making
connections therewith or repairs thereto unless and until a permit
to do so shall have first been obtained as herein provided.
On and after the passage of this article it
shall be unlawful for any person, firm or corporation to construct
any public or private driveway or road so as to open into any Township
highway without first securing a permit as herein provided. The design
and construction of such driveway or road shall be in accordance with
the latest Township or PennDOT standards and specifications.
Application for a permit shall be made on a
form prepared by the Township and shall be signed by a responsible
applicant or by a fully authorized officer or employee of the applicant.
The application shall set forth the purpose for which the highway
is to be opened, excavated or occupied, the location of the proposed
work, the portion of the highway to be occupied and such other information
as may be required. The application shall likewise set forth that
the applicant agreed to do all of the work to the satisfaction of
the Township Engineer.
Fees for permits required by this article shall
be calculated using the fee schedule adopted by resolution of Township
Council of the Township of Middletown.
Application shall be submitted to the Township
Engineer who shall either approve or disapprove the same. If he shall
approve the same, then the permit shall be granted by the Township
upon payment of the required fee. From the disapproval of the same,
the applicant shall have the right of appeal to the Township Council
whose action thereon shall be final.
It shall be the duty of the person to whom the
permit has been granted to protect all openings, materials and obstructions
of any kind in the highway by the use of danger signals and red lanterns
which shall be kept lighted from sunset to sunrise and by such fences,
barricades or other protective devices as may properly protect the
public as approved by the Township Engineer.
No opening, ditches or tunnels shall be kept
open longer than 24 hours except upon the written approval of the
Township Engineer.
All openings or breaks shall be filled immediately
with suitable materials thoroughly compacted in all respects satisfactory
to the Township Engineer and the fill shall be compacted where required
by the Engineer and any sidewalks, curbs and gutters shall be replaced
with the same type of paving as it was prior to the opening. All work
shall be done to the satisfaction and approval of the Township Engineer
and shall be in accordance with all applicable Township and PennDOT
standards and specifications.
This article shall not require any telephone,
electric light or telegraph company to secure permits for erecting
poles in the said highways.
All applicants shall bear all costs of inspections
required hereunder. The costs of inspections shall be charged at the
rate established by Township resolution, or actual costs incurred.
The Township shall have the right to seek outside consultants to provide
independent inspections, plan review and inspection reports.
Any person, firm or corporation violating any
provisions of this article shall, upon summary conviction before any
Magisterial District Judge, be fined an amount not exceeding $300
and costs of prosecution, and in default thereof, may be imprisoned
to the county jail for a term of not more than 30 days. Each and every
day in which any person, firm or corporation shall be in violation
of this article shall constitute a separate offense.
