[Ord. 2004-05, 5/12/2004, § 1]
This Part shall be cited to as the "Franklin Township Street
Opening Ordinance."
[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.
[Ord. 2004-05, 5/12/2004, § 3; as amended by A.O.]
The application for a permit shall be on a form prescribed by
the Township and submitted to the Township in duplicate. 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.
[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.
[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.
[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."
[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.
[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.
[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.
[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.
[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.
[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.
[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.
[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.
[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.
[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.
[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.
[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.
[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.
[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.
[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.
[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.
[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.
[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.
[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.
[Ord. 2004-05, 5/12/2004, § 26]
All driveways shall meet the visibility requirements of 67 Pa.
Code, Chapter 201.[1] The clear sight triangle shall be maintained clear of
all obstructions at all times.
[1]
Editor's Note: 67 Pa. Code Chapter 201 was reserved 2-4-2006.
[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.
[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.
[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.
[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.
[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.
[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.
[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.
[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.
[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.
[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.
