Township of Franklin, PA
Chester County
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Table of Contents
Table of Contents

§ 21-101 Title.

[Ord. 2004-05, 5/12/2004, § 1]
This Part shall be cited to as the "Franklin Township Street Opening Ordinance."

§ 21-102 Permit Required.

[Ord. 2004-05, 5/12/2004, § 2]
In accordance with the provisions of § 2322 of the Second Class Township Code, 53 P.S. § 67322, as amended, no opening, cutting, excavating, boring or disturbance of any kind upon, in, or under any portion of a road or any road right-of-way; no gas pipe, water pipe, electric conduits, cable conduits or other piping, nor any railroad or street railway crossing, shall be laid upon or in; nor shall any drain, culvert, footpath, drive or driveway or other means of ingress or egress be graded, constructed, installed or erected onto or in; nor shall any telephone, telegraph or electric light or power poles or any other obstruction be erected upon or in; nor shall any railroad or street railway hereafter be constructed upon any portion of a road or within any road right-of-way located in the Township; except under such conditions, restrictions and regulations relating to the installation and maintenance thereof, as may be prescribed in the ordinances, rules and regulations of the Township and permits granted by the Township for such purposes.

§ 21-103 Application for Permit; Fee.

[Ord. 2004-05, 5/12/2004, § 3]
The application for a permit shall be on a form prescribed by the Township and submitted to the Township in triplicate. The Township Engineer shall be responsible for review and administration of the permit. The application shall be accompanied by a fee in accordance with the schedule of fees set forth by the Department of Transportation for highway occupancy permits and restoration charges. In addition, the applicant shall submit three copies of a sketch showing the location of the intended facility, width of the traveled roadway, right-of-way lines, an address, and a dimension to the nearest intersecting road or other nearby landmark, so as to be able to easily ascertain the location of the work.

§ 21-104 Decision on the Permit.

[Ord. 2004-05, 5/12/2004, § 4]
The permit application shall be approved or denied within 10 calendar days of submission of the application to the Township. If the application and required documents do not conform to the requirements of this Part and applicable ordinances, rules, and regulations, the Township Engineer shall deny the application in writing, stating the reasons therefor. If the Township Engineer is satisfied that the proposed work conforms to the aforesaid requirements, the Township Engineer shall issue a permit.

§ 21-105 PA One-Call.

[Ord. 2004-05, 5/12/2004, § 5]
At least three working days prior to the proposed start of work, the applicant or his representative shall contact the PA One-Call system at 1-800-242-1776, report the proposed work, and obtain a serial number, and provide such serial number to the Township. No work shall begin until such date and time as authorized by PA One-Call.

§ 21-106 Maintenance of Traffic.

[Ord. 2004-05, 5/12/2004, § 6]
At least one lane of traffic shall be maintained at all times. The applicant shall comply with the provisions of PennDOT Publication 203, "Work Zone Traffic Control."

§ 21-107 Detours.

[Ord. 2004-05, 5/12/2004, § 7]
Under extremely unusual circumstances, the Township may allow a road to be closed and traffic to be detoured. No road shall be closed without giving the Township at least 72 hours' prior notice to allow time to notify 911, police, fire departments, emergency services and school districts. No road shall be closed without the applicant submitting a detour plan to the Township and having it approved by the Township. No road shall be closed without proper detour signs, as approved by the Township, having been installed by the applicant. All detour signs shall be maintained for the entire work period.

§ 21-108 Erosion Control.

[Ord. 2004-05, 5/12/2004, § 8]
All proper erosion control measures shall be taken to ensure compliance with applicable laws. If necessary, the applicant shall obtain erosion and sedimentation control plan approval from the County Conservation District prior to starting work.

§ 21-109 OSHA Requirements.

[Ord. 2004-05, 5/12/2004, § 9]
The applicant shall comply with all OSHA safety requirements and procedures including, without limitation, all enclosed space requirements. All trenches over five feet in depth shall be shored or protected with a trench box.

§ 21-110 Notification.

[Ord. 2004-05, 5/12/2004, § 10]
The applicant shall notify the Township 24 hours in advance of starting work and upon completion of temporary restoration and permanent restoration.

§ 21-111 Backfill.

[Ord. 2004-05, 5/12/2004, § 11]
All backfill within the Township right-of-way shall be 2A crushed stone of optimum moisture content. There shall be a minimum two inches of bedding under the pipe or utility line. Crushed stone backfill shall be mechanically compacted in maximum six-inch lifts. Where work is done outside the paved cartway or shoulder, the last six inches of backfill shall be topsoil.

§ 21-112 Overnight Requirements.

[Ord. 2004-05, 5/12/2004, § 12]
If the work cannot be completed in one workday, proper barricades, flashing lights, steel plates or other methods shall be used to secure the site and insure the safety of travelers on the roads in the Township until the next workday.

§ 21-113 Clean-Up.

[Ord. 2004-05, 5/12/2004, § 13]
The work area shall be swept clean, cleaned of debris and otherwise policed at the end of each workday and at the end of the project. Mud shall not be tracked onto the streets at any time. All mud shall be cleaned up within one hour of verbal or written notice from the Township or its agents. All loads shall be tarped.

§ 21-114 Installation.

[Ord. 2004-05, 5/12/2004, § 14]
Conduits and pipes shall be installed with a minimum of 18 inches of cover. In no case shall conduits or pipes be allowed to be placed in or bond to the bottom of the paving, especially in the case of concrete paving. Separation shall be obtained by at least three inches of screenings, to allow paving to be milled in the future without damage to utilities.

§ 21-115 Temporary Restoration.

[Ord. 2004-05, 5/12/2004, § 15]
The last two inches of the excavation shall be backfilled with compacted "cold patch" or similar permeable asphalt material to allow percolation of water into the excavation while preventing dust and stone chip nuisances. All excavations shall be temporarily restored prior to allowing traffic on them. All settlement shall be brought back to grade within four hours of verbal or written notice from the Township or its agents. The temporary restoration shall remain in place for a minimum of two months to allow for final settlement to occur through the actions of rain and traffic, but in no case shall it remain in place more than four months. The person issued the permit shall send a postcard to the Township indicating the date of completion of the temporary restoration.

§ 21-116 Permanent Restoration.

[Ord. 2004-05, 5/12/2004, § 16]
All ragged or broken edges and undermined areas shall be saw-cut straight; the minimum cutback shall be one foot and the minimum depth shall be 6 1/2 inches. Permanent restoration shall match existing thicknesses and materials, except in the case of asphalt paving where the minimum requirements shall be five inches of BCBC and 1 1/2 inches of ID-2, or equivalent superpave. All edges shall be sealed a minimum of 12 inches wide with GP64-22 liquid asphalt. All nonpaved areas shall be restored with six inches of topsoil, seeded and strawed. The person issued the permit shall send a postcard to the Township indicating the date of completion of the permanent restoration.

§ 21-117 Identification.

[Ord. 2004-05, 5/12/2004, § 17]
All excavations shall be marked after both temporary and permanent restoration. The following information shall be spray painted on the existing road surface (not on the patch where it will quickly soak in): name of applicant; complete, exact date of restoration; and emergency telephone number to be called in case of problems day or night. This information shall be painted in six-inch letters in the direction of travel, prior to the excavation, and in the proper APWA color (yellow for gas, green for sanitary sewers, etc.). The dates of temporary restoration and permanent restoration shall both appear. If the markings become worn prior to the end of the one-year guarantee period, they shall be repainted by the applicant.

§ 21-118 Guarantee.

[Ord. 2004-05, 5/12/2004, § 18]
All work shall be guaranteed for a period of one year from the date of final inspection and certification by the Township Engineer that the work has been completed in accordance with the permit. All defects shall be corrected by the applicant within four hours of verbal or written notice from the Township or its agents.

§ 21-119 Security Deposit.

[Ord. 2004-05, 5/12/2004, § 19]
At the time of permit application, the applicant shall provide the Township with a security deposit or performance bond for the full cost of the work. This security shall be held by the Township until the end of the one-year guarantee period and shall be used by the Township as liquidated damages in case of default or nonperformance by the applicant.

§ 21-120 Prohibited Locations.

[Ord. 2004-05, 5/12/2004, § 20]
No utilities, except for transverse laterals, shall be placed in the planting area between the face of curb and the sidewalk, or within five feet of the edge of cartway or paved shoulders. This area is reserved for Township use for storm sewers, traffic signs, streetlights, etc.

§ 21-121 Recently Paved Streets.

[Ord. 2004-05, 5/12/2004, § 21]
Except for emergencies, excavations will not be permitted in streets that have been built or overlaid within the previous two years, unless the applicant agrees to overlay the full width of the excavated section with 1 1/2 inches of ID-2 or similar superpave. In the case of transverse crossings, the overlay shall extend a distance of 100 feet on either side of the excavation. Overlays shall be placed within one week of permanent restoration of the excavation.

§ 21-122 Driveway Permits.

[Ord. 2004-05, 5/12/2004, § 22]
Permits shall be required for all new or widened driveways within the Township. Driveway permits for Township roads shall be obtained from the Township. Driveway permits for state roads shall be obtained from PennDOT.

§ 21-123 Driveway Dimensions.

[Ord. 2004-05, 5/12/2004, § 23]
The minimum width of a driveway shall be 10 feet. In areas where a driveway is approved for access to multiple lots or uses, the minimum width of the driveway shall be 16 feet. The maximum width of residential driveways shall be 20 feet. The maximum width of commercial and industrial driveways shall be determined by engineering analysis.

§ 21-124 Driveway Locations.

[Ord. 2004-05, 5/12/2004, § 24]
The center line of driveways shall be located at least 40 feet from the continuation of the right-of-way line of the closest intersection, or directly across from three-way intersections.

§ 21-125 Number of Driveways.

[Ord. 2004-05, 5/12/2004, § 25]
Not more than two driveways shall be permitted to any single property, tract or business establishment. Notwithstanding the foregoing, residential lots and lots with frontages of 100 feet or less shall be limited to one driveway.

§ 21-126 Visibility.

[Ord. 2004-05, 5/12/2004, § 26]
All driveways shall meet the visibility requirements of 67 Pa.Code, Chapter 201. The clear-sight triangle shall be maintained clear of all obstructions at all times.

§ 21-127 Drainage.

[Ord. 2004-05, 5/12/2004, § 27]
Driveways shall be depressed to match the existing roadside swale or shoulder so as to allow aboveground drainage over the driveway and to direct driveway runoff into said swale or shoulder. Pipes shall not be installed under driveways, except under unusual circumstances and with prior Township approval.

§ 21-128 Grades.

[Ord. 2004-05, 5/12/2004, § 28]
The portion of a driveway within the street right-of-way shall not exceed 4% grade. The remainder of the driveway shall not exceed 15% grade. Driveways shall be paved from the cartway to a minimum of 25 feet back from the right-of-way line. Paving shall consist of six inches of 2A crushed stone and two inches of ID-2 per PennDOT Publication 408, latest edition.

§ 21-129 Erosion.

[Ord. 2004-05, 5/12/2004, § 29]
Driveways shall be designed to avoid erosion and excessive runoff by grading, interception swales and/or drainage systems. If erosion products are deposited on the cartway, shoulders or swales, the property owner shall remove them within four hours of verbal or written notice from the Township or its agents. In addition, the property owner shall take necessary measures to avoid reoccurrence of the problem.

§ 21-130 Private Streets.

[Ord. 2004-05, 5/12/2004, § 30]
The Board of Supervisors shall have the authority to approve driveways intended for the use of two or more families, multiple-family developments, commercial and industrial proposals where usage by the occupants constitutes essentially a private street. Driveways serving as private streets shall not be dedicated to the Township nor does the Township assume any responsibility for their maintenance.

§ 21-131 Flag Lots.

[Ord. 2004-05, 5/12/2004, § 31]
When flag lots abut each other at a common street line, or in other situations considered appropriate by the Board of Supervisors, a common driveway shall be utilized for access to the lots.

§ 21-132 Unnatural Water Sources.

[Ord. 2004-05, 5/12/2004, § 32]
Discharge from any roof drains, downspouts, sump pumps, foundation drains, disposal fields, etc., shall not be permitted onto a right-of-way or onto a driveway or driveway drainage system that directs runoff toward a street. Such discharge may be connected to underground drainage systems in the street if available, preferably into an inlet for accessibility.

§ 21-133 Insurance.

[Ord. 2004-05, 5/12/2004, § 33]
As part of the permit application, the applicant shall provide the Township with an insurance certificate in a minimum amount of $1,000,000. The certificate shall name the Township and Township Engineer as additional insured. In addition, the applicant shall indemnify and hold harmless the Township and shall assume the defense and all costs of lawsuits and awards.

§ 21-134 Emergencies.

[Ord. 2004-05, 5/12/2004, § 34]
In the case of emergencies threatening property or lives, the applicant may proceed with the work after notifying the Township and 911. The applicant shall still be responsible for applying and obtaining the permit and satisfying all requirements. The application shall be made within 24 hours of the verbal or written notice to the Township and 911. If the emergency occurs over a holiday, a weekend, or at night, the application shall be filed the morning of the next working day.

§ 21-135 Other Regulations.

[Ord. 2004-05, 5/12/2004, § 35]
In addition to the requirements of this Part, all work is subject to all applicable federal, state and local laws, ordinances and regulations.

§ 21-136 Violations and Penalties.

[Ord. 2004-05, 5/12/2004, § 36; as amended by Ord. 2009-05, 8/19/2009]
Any person, firm, corporation or utility who or which shall violate any provision of this Part, upon conviction thereof in an action brought before a magisterial district judge in the manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure, shall be sentenced to pay a fine of not less than $25 and not more than $1,000 plus costs, including reasonable attorney fees, and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 90 days. Each day that a violation of this Part continues or each section of this Part which shall be found to have been violated shall constitute a separate offense.

§ 21-137 Definitions.

[Ord. 2004-05, 5/12/2004, § 37]
1. 
As used in this Part, the following term shall have the meaning indicated:
PERSON
Any natural person, municipal authority, corporation, partnership, joint venture, sole proprietorship, firm, association and any other entity of whatever type.