[HISTORY: Adopted by the Board of Supervisors of the Township of
Lower Providence as indicated in article histories. Amendments noted where
applicable.]
[Adopted 5-12-1997 by Ord.
No. 416]
The purpose of this specification is to provide for the public good
and establish a permit process and requirements for roads, utility cuts in
roads and streets, backfilling of trenches replacing of removed pavement sections
and regulating the location and construction of utility facilities and other
structures with township highway rights-of-way for the purpose of ensuring
the structural integrity of the highway, economy of maintenance, preservation
of proper drainage and safe and convenient passage of traffic.
The definitions of words and terms, when used in this article, have
the meaning set forth in the PennDOT regulations for Occupancy of Highways
by Utilities, 67 Pa. Code § 459.1, as amended.
A.
General rule. Except for emergency repairs of utility
facilities, no work may be performed within the right-of-way involving the
placing of utility facilities or other structures or opening of the surface
without first obtaining a permit from the township. Work performed within
the right-of-way shall conform to PennDOT regulations Chapter 203 (relating
to work zone traffic control).
B.
Emergency repairs of utility facilities. Emergency repairs
of utility facilities may be performed without first obtaining a permit under
this article; however, application must be made by the applicant or person
making such repair, pursuant to this article, for a permit under this section,
within 16 hours of beginning the emergency repair work or the next business
day for weekends and holidays when the Township Building is closed.
C.
Who may execute applications.
(1)
If a corporation, authority, political subdivision or
other person in the business of providing utility service owns, operates or
intends to operate the facility, the application shall be submitted in the
name of, and executed by, the party. An application may not be submitted in
the name of contractors of the owner or operator nor in the name of persons
only being serviced by the facility.
(2)
In the case of a facility owner who is not in the business
of providing utility service, such as a developer whose land is located outside
a utility's service jurisdiction, the application shall be submitted in the
name of, and executed by, the owner of the facility at the time of construction.
The applicant shall indemnify and hold harmless the township from claims by
anyone claiming residual property interests in the permitted area.
(a)
An applicant under this section shall provide satisfactory
evidence to the township of ability to completely discharge construction,
maintenance and financial duties imposed by this article. An applicant shall
provide satisfactory evidence that the proposed facility will not be inconsistent
with the structural integrity of the right-of-way, the township's maintenance
responsibilities or the safe and convenient passage of traffic. The township
may require security, including but not limited to:
[1]
Executing indemnity agreements satisfactory to the township.
[2]
Obtaining insurance in a form and amount acceptable to
the township.
[3]
Obtaining surety bonds in a form and amount acceptable
to the township to guarantee restoration of the permitted area in a manner
satisfactory to the township for a period of at least two years after the
acknowledged completion of the permitted work.
[4]
Obtaining surety bonds in a form and amount acceptable
to the township to guarantee necessary maintenance costs for the facility
and the right-of-way in which it is located for a period of at least two years
after the acknowledged completion of the permitted work.
[5]
Depositing sufficient currency in an escrow account acceptable to the township to fully secure the obligations in Subsection C(2)(a)[1] and [2] above as an alternative to the obtaining of the surety bonds.
[6]
The use of bonded contractors as well as consultants
and engineers having professional liability insurance.
(b)
An applicant under this section shall submit a detailed
traffic control plan for permitted work.
(c)
An applicant under this section is not authorized to
place a facility longitudinally within the pavement, nor in the shoulder unless
the applicant provides detailed plans which verify there is no feasible space
outside the shoulder for placing the facility.
(d)
The application and/or permit are not transferable or
assignable.
A permit application:
A.
Shall be submitted in person or by mail on a properly
completed township form, available at the Township Building.
B.
Shall be signed by the applicant, and the consulting
engineer, if any, performing work related to the application.
C.
Shall include at least four sets of plans of quality
sufficient for microfilming, detailing the location and pertinent horizontal
and vertical dimensions of the opening, the proposed utility installations
and related highway features, including specific highway location, center
line, edges of pavement, outside edges of shoulders, curbing, guide rail,
highway drainage structures and right-of-way lines. Color coded plans and
freehand drawings of roadway or utility features are unacceptable.
E.
Shall be submitted to the township at least 30 days prior
to the anticipated start of work. If the permitted work shall be performed
for the permittee by a contractor, the application shall, if possible, be
submitted to the township at least 60 days prior to soliciting bids for the
permitted work so that the permittee may notify bidders of permit requirements.
If the application specifies that the permitted work involves providing priority
utility service, the township office will process the priority application
before other nonpriority applications submitted by the applicant.
F.
Shall identify consulting engineers performing work related
to the application. The consulting engineer shall also sign the application.
A permit application for occupancy of the pavement or shoulder shall include detailed plans which, in addition to § 120-4, comply with the following:
A.
Plans depicting new occupancy of more than 500 linear
feet of pavement or shoulder, or both, shall have a horizontal scale of one
inch equal to no more than 50 feet. Plans depicting other occupancy of the
pavement or shoulder shall specify dimensions from the near edge of pavement.
B.
Plans depicting installation or replacement of a facility
involving more than 100 linear feet of pavement or shoulder opening shall
identify utility facilities and other structures within the right-of-way that
will be affected by the proposed occupancy and shall include typical cross
sections at each significant change in highway cross section features.
C.
Plans depicting installation of a facility longitudinally
within more than 100 linear feet of pavement or shoulder, or both, shall verify
there is no feasible space outside the pavement or shoulder available for
placing the facility.
A traffic control plan shall be submitted with the application in the
following manner:
A.
With the exception of emergency work performed under § 120-3B, the applicant shall submit a traffic control plan for township approval for work on roadways or rights-of-way whenever it will be necessary to close a portion of a travel lane during hours of darkness without work in active progress; or whenever it will be necessary to completely close a highway to perform the permitted work. If a roadway is approved for closure the applicant must:
(1)
Advertise in the local newspaper at least twice, one
week prior to the anticipated closure notifying motorists of closure.
(2)
Provide written notices to emergency services (police,
fire and ambulance) and school district notifying them of work, at least two
weeks prior to the closure.
(3)
Provide written notices to residents who reside along
that roadway notifying of the work to be done, one week prior to the closure.
B.
The township may require an applicant to submit a traffic
control plan under other special circumstances.
C.
A traffic control plan shall comply with PennDOT regulations,
Chapter 203, and shall clearly indicate how the work area, vehicular and pedestrian
traffic will be protected, maintained and controlled.
D.
A traffic control plan shall consist of one of the following:
(1)
A reference to specific figures in PennDOT regulations,
Chapter 203, if the referenced figures properly depict actual site conditions
and address the necessary traffic control.
(2)
Four copies of specific figures from PennDOT regulations,
Chapter 203, which have been modified to depict actual site conditions and
the necessary traffic control requirements for the specific project.
(3)
Four copies of a detailed drawing, showing actual site
conditions and the necessary traffic control requirements for the specific
project.
When blasting methods other than controlled blasting, as specified in
PennDOT regulations, Section 203.3 (b)1 of Publication 408, will be used or
when blasting is anticipated within 100 feet of a bridge, box or culvert,
a detailed plan of excavating, shoring, blasting and backfilling procedures
shall be submitted at least 15 days prior to blasting. Prior to blasting within
the right-of-way, insurance shall be furnished.
The applicant is responsible for the accuracy of information submitted
to the township including the application, plans, drawings, reports and correspondence.
Information provided in applications shall be accurate. Section 4904
of the Crimes Code (relating to unsworn falsification to authorities),[1] makes it a misdemeanor of the second degree for a person to mislead
a public servant in performing an official function by making a written false
statement which the person does not believe to be true.
[1]
Editor's Note: See 18 Pa.C.S.A. § 4904.
The township will examine and determine the genuineness, regularity
and legality of every application and may reject an application if not satisfied
as to its genuineness, regularity or legality or the truth of a statement
contained in the application. The township may also make investigations and
require additional information as it deems necessary.
A.
The township may debar a person, including permittee,
consultants, contractors and their employees, agents, successors and assigns
from placing a facility, working within or otherwise occupying township highway
rights-of-way under permit, directing work or having involvement in a permit
issued or an application submitted under this article, for one or more of
the following:
(1)
Unsatisfactory past performance, as documented by records,
reports or performance ratings.
(2)
Failure to complete permitted work under the permit and
this article, as documented by records, reports or performance ratings.
(3)
Bribing, attempting to bribe or giving gratuities to
township employee or permit inspector.
B.
The first debarment of a person shall be for six months
to 18 months. A subsequent debarment of the same person ordered within five
years after the first debarment is served, shall be for 18 months to three
years.
A.
General rule. Upon approval of an application submitted
under this article, a permit will be issued by the township, subject to this
article and the conditions contained in the permit and its attachments and
supplements. The permit shall be the applicant's authority to proceed with
the work specified in the permit. A copy of the permit and relevant plans
shall be available at the work site for review.
B.
Agreement/security. If a permittee will be authorized
to perform a substantial amount of work within the right-of-way, the township
may, at its discretion, require the applicant to execute an agreement or provide
security, or both, as a prerequisite to issuance of the permit. If security
is required, it shall be delivered to the township in a form and amount acceptable
to the township and shall guarantee restoration and maintenance of the highway
for a period of at least five years after acknowledged completion of the permitted
work.
C.
Photo documentation. At least 15 days prior to opening
more than 100 linear feet of pavement or shoulder, or both, the permittee
shall deliver photo documentation to the township office verifying the preconstruction
condition of the pavement and shoulder surfaces.
(1)
The pavement and shoulder that will be disturbed shall
be photo documented in its entirety with color videotape or color film. Photo
documentation shall be compatible with township viewing equipment.
(2)
The permittee may submit color slides or color prints
in lieu of videotape or film, if each slide or print is clearly labeled and
arranged to verify the surface condition of each successive 25 linear feet
of pavement and shoulder that will be disturbed.
(3)
The date of photo documentation shall be identified on
each cartridge, reel, slide or print.
Scope of permit. The permit is binding upon the permittee, its agents,
contractors, successors and assigns.
A.
The permittee is responsible for causing compliance with
the terms and conditions of the permit by its employees, agents and contractors.
B.
The permit shall be located at the work site and be available
for inspection by a police officer or representative of the township.
C.
The permit shall be maintained by the permittee as a
permanent record and remain in effect, subject to the permit conditions and
this article, as long as the permittee's facilities authorized by the permit
occupy the right-of-way.
D.
The permittee is liable to the township for failure to
comply with the permit and this article. The liability of the permittee to
the township does not preclude the permittee or the township from bringing
an action against the permittee's contractor, subcontractor, engineer, architect,
assignee, agent, workers, employees or other persons.
F.
Work to conform to township standards. Work shall conform
to township standards, including the following:
(1)
The work shall be done at a time and in a manner consistent
with the safety of the public and conform to requirements and standards of
the township, including but not limited to Publication 408.
(2)
Highway materials shall be obtained from PennDOT approved
sources which are identified in current PennDOT Publication Numbers 34, 35,
41 and 42. Upon request, the permittee shall make available for review certifications
for backfill and restoration materials placed within the improved area.
(3)
If it is found by the township that the work is not being
done or has not been properly performed, the permittee shall promptly take
the necessary steps, at its own expense, to place the work in condition to
conform to the requirements or standards.
(4)
If a dispute arises between the permittee and the township's
inspector, the township's inspector has the authority to suspend work until
the question at issue may be referred to and decided by the township office.
G.
Permittee responsibilities. Permittee responsibilities
include the following:
(1)
The permittee shall pay the costs and expense incident
to or arising from the project, including the prescribed fees for the project,
the cost of making and maintaining temporary restoration of the disturbed
areas and making permanent restoration. The permittee shall reimburse the
township for inspection cost which the township deems necessary to incur within
30 days after receipt of the township's invoice.
(2)
In the event of failure or neglect by the permittee to
perform and comply with the permit the township may immediately revoke and
annul the permit and order and direct the permittee to remove structures,
equipment or property belonging to the permittee or its contractors, or both,
from the legal limits of the right-of-way and to restore the right-of-way
to its former condition. If the township determines that the structures, equipment
or property poses a threat to the public safety and the permittee fails to
remove it after notice from the township to do so, the township solicitor
or his attorneys, is authorized to enter an amicable action of ejectment and
confess judgment against the permittee. The attorney is authorized to issue
forthwith a writ of possession with a clause of fieri fascias for costs, without
leave of court.
(3)
At the end of a workday, an opening in the right-of-way shall be covered, backfilled or protected under § 120-14 relating to special conditions; subsurface operations. If work is stopped on a project, other than at the end of a normal workday, the permittee shall promptly backfill the opening and restore the surface, and work may not be resumed until the permittee is prepared to proceed with the work to its completion. If the permittee fails to backfill the opening or proceed until completion of the work, the township reserves the right to do the work upon notice to the permittee, where practicable, and shall be reimbursed for the costs by the permittee within 30 days after receipt of the township's invoice.
(4)
If the permittee, after making an opening in the surface
to place or repair a facility or for another purpose, fails to restore a portion
of the right-of-way the township reserves the right to do the work upon notice
to the permittee, if practicable, and the permittee shall reimburse the township
for the costs within 30 days after receipt of the township's invoice.
(5)
If backfill or restoration work will be performed for
the permittee by a contractor, the permittee shall identify to the township
both its contractor and its inspector-in-charge who shall be assigned to monitor
backfill and restoration work performed within the improved area. The permittee's
inspector-in-charge, as well as the permittee, is responsible for ensuring
the work is performed in compliance with the permit, this article and PennDOT
Publication 408.
(6)
The permittee shall notify the district office at least
three full workdays prior to the start of work when the permit identifies
that the permitted work will be inspected on a more than spot-inspection basis.
H.
Altering drainage is prohibited. Altering drainage shall
be prohibited by the following conditions:
I.
Equipment damaging highway. A highway shall be protected
in accordance with the following:
(1)
To protect the pavement and shoulders, equipment shall
have rubber wheels or runners and have rubber, wood or similar protective
pads between the outriggers and the surface unless otherwise authorized by
the permit.
(2)
If other than rubber equipped machinery the pavement
and shoulders shall be protected from equipment damage by the use of matting
or other suitable protective material, unless the permittee requests, in writing,
a waiver from the use of protective material, thereby acknowledging its obligation
and commitment to repair or reconstruct the pavement and shoulder, if damaged,
to its former condition.
(3)
If the equipment damages the pavement or shoulders, the
permittee shall restore the damaged pavement or shoulder, or both, to its
former condition, in a manner authorized by the township.
(4)
The township office may authorize the permittee to restore
the pavement or shoulder from superficial surface damage with a seal coat
or surface treatment.
J.
Work zone traffic control. Maintenance and protection
of traffic shall be carried out by the permittee under 75 Pa.C.S.A. § 6123
(as amended), (relating to erection of traffic-control devices while working),
the approved traffic control plan and the applicable provisions of PennDOT
Chapter 203 (relating to work zone traffic control).
K.
Limited access right-of-way. No utility may conduct operations,
including maintenance or inspection of existing facilities, within limited
access right-of-way without first obtaining a permit, except for an emergency.
L.
Indemnification of the township for property and personal
injury will be governed as follows:
(1)
The permittee shall fully indemnify and save harmless
and, if requested, defend the township, its officers, agents and employees,
of and from liability for damages or injury to persons or property in a claim
or suit seeking to impose liability on the township, its officers, agents
or employees, arising out of an act or omission of a contractor, agent, servant,
employee or person engaged or employed in, about or upon the work, by, at
the instance of or with the approved consent of the permittee, including a
failure of the permittee or a person to comply with the permit or this article.
(2)
Upon request, the permittee shall deliver to the township
certificates of insurance.
M.
Insurance. The permittee shall obtain, prior to the start
of work, a policy of insurance, issued by an insurer having a certificate
of authority and a licensed agent authorized to transact the business of insurance
in this Commonwealth, in accordance with the following conditions:
(1)
The permittee or its contractor shall obtain insurance
for public liability and property damage, in form, amount and duration satisfactory
to the township to cover a loss that may be incurred for construction, reconstruction,
repair, relocation or installation of the permitted structure or facilities.
(2)
If blasting is authorized by permit the insurance coverage
shall include property damage and personal injury occasioned by blasting.
In addition, the insurance policy shall provide coverage for damage to the
highways, highway structures and appurtenances or other township property
and shall be in an amount satisfactory to the township.
(3)
Upon request, the permittee shall deliver to the township
certificates of insurance evidencing the insurance coverage required.
(4)
The permittee's obligations to indemnify the township
and obtain insurance to secure indemnification and its obligations to restore
the highway and obtain a bond relating to restoration are separate obligations
from obtaining insurance for the purposes required.
N.
Maintaining structure or facility. As long as the permittee
operates and leaves in place structures or facilities, in, upon or along the
right-of-way, the permittee shall maintain and keep them in good order and
repair.
O.
Damaged structure or facility to be repaired. If a structure
or facility becomes damaged, the permittee shall promptly have it removed,
repaired or otherwise made safe. The permittee is responsible for repair or
restoration of the portion of the highway damaged by a structure or facility.
The permittee's obligation to repair or restore the highway necessitated by
a damaged structure or facility under this paragraph is separate from the
obligations to restore the highway and obtain a bond relating to restoration
and maintenance of the highway.
P.
Damage to highway. Responsibility of the permittee for
restoration of the highway includes the following:
(1)
If there is a failure of the highway, including a slope
or other appurtenance thereto, in the area of the permitted work within two
years after the acknowledged completion of the permitted work and there is
no similar failure of the highway beyond the area of the permitted work, the
permittee has absolute responsibility to make temporary and permanent restoration
of this area unless the permittee delivers clear and convincing evidence to
the township office demonstrating that the highway failure was caused by another
person.
(2)
In situations where the permittee has the responsibility
to restore the highway, including slope or another appurtenance thereto, the
permittee has the duty to restore the improved area in accordance with the
permit. If the permittee fails to restore the improved area properly, the
township will have the authority to do the work at the expense of the permittee.
The permittee shall reimburse the township for the costs within 30 days after
receipt of the township's invoice.
(3)
The obtaining of a bond, other security or an agreement
to secure restoration costs does not relieve the permittee of the restoration
obligations imposed. The obtaining of a bond, other security or an agreement
will not act as a release of the permittee from liability under principles
of tort law with respect to a failure of the highway in the permitted area
occurring after the expiration of the bond, other security or agreement.
Q.
Future highway changes. If in the future the highway
is altered for public convenience or necessity, the permittee shall at its
own cost and expense, change or relocate all or a part of the structures or
facilities authorized by the permit which interfere with the highway alterations
or which is inconsistent with the purpose of the highway alterations.
R.
Acknowledgment by inspector. Acknowledgment, by the inspector
of the township that all or part of the permitted work has been completed,
does not constitute approval or acceptance of the work or agreement that the
work was performed in accordance with the permit. Acknowledgment of completion
by the inspector will not act as a release of the permittee or waiver by the
township of its right to seek performance or restitution from the permittee.
A.
Drilling, boring, driving or tunneling across improved
area. Drilling, boring, driving or tunneling across improved areas shall comply
with the following conditions:
(1)
When crossing under an improved area, the opening for
a utility facility shall be drilled, bored, driven or tunneled a minimum depth
of three feet from the surface to the top of the opening.
(a)
If the facility or its casing is 30 inches or greater
in diameter, the bored cylindrical space surrounding either an uncased facility
or a facility casing shall be filled with grout, in a manner authorized by
the township office.
(b)
Jet or other nonmechanical boring methods are prohibited.
Water may be used under low pressure only to cool the drill bit and to facilitate
removal or cuttings from the bore opening, if retrievable liquids are immediately
removed from the boring pit.
(2)
No openings for the purpose of placing utility facilities
or other structures under the improved area by drilling, boring, driving or
tunneling may be made closer than three feet to the edge of the shoulder,
unless the permit authorizes a lesser clearance.
(3)
A facility or other structure crossing under the improved
area shall be constructed to assure the safety of the traveling public and
to preclude the necessity of entering upon the improved area to effect future
maintenance or replacement.
B.
Trenching across the improved area. Trenching across
an improved area may be performed only when specifically authorized by the
permit, in accordance with the following:
(1)
The top of every utility facility shall be installed
at least three feet beneath the surface.
(2)
Trenching across the improved area may be authorized
by the permit where drilling, boring, driving or tunneling are not feasible
because:
(a)
The subsurface is solid rock, as documented with satisfactory
evidence such as drill records, or where boring was attempted without success.
(b)
There are other facilities located longitudinally under
the improved area and their location precludes methods other than trenching,
as documented with a detailed plan.
(c)
Adjacent development in a very congested urban area makes
the construction of a tunneling or boring shaft impossible.
(4)
When trenching is authorized by the permit, the trenching
operation shall be performed by one of the following methods:
(a)
Utility facility placed in one piece across highway:
[1]
Traffic shall be routed over 1/2 of the pavement
width.
[2]
The closed half of the pavement shall be opened to the
required depth and bridged with steel plates.
[3]
Traffic shall be shifted to the bridged half of the pavement.
[4]
The remaining half of the pavement shall be opened to
the required depth.
[5]
The facility shall be placed full width.
[6]
The open trench shall be backfilled with restored half-width
in accordance with this section.
[7]
Traffic shall be shifted to the restored half of the
pavement.
[8]
The bridging shall be removed and the remaining half
of the trench shall be backfilled and restored in accordance with this section.
(b)
Utility facility placed in more than one piece across
highway:
[1]
Traffic shall be routed over 1/2 of the pavement
width.
[2]
The closed half of the pavement shall be opened to the
required depth, the facility placed and the trench backfilled and restored
in accordance with this section.
[3]
Traffic shall be shifted to the restored half of the
pavement.
[4]
The remaining half of the pavement shall be opened to
the required depth, the facility placed and the trench backfilled and restored
in accordance with the provisions of this section.
(c)
The permittee shall protect its openings to provide for
the safety of the traveling public, including motorist, bicyclists and pedestrians.
(d)
The permit may authorize the placement at depths less
than three feet of traffic signal detectors or other highway facilities which
are not capable of operating more than three feet below the surface.
(5)
Openings parallel to the highway. Requirements for openings
parallel to the highway are as follows:
(a)
A utility facility shall be placed outside the pavement
and shoulder unless there is no feasible space outside the pavement and shoulder
for placing the facility, in which case occupancy within the pavement or shoulder
may be authorized by the permit.
(b)
The top of a utility facility shall be installed at least
three feet beneath the surface.
(c)
On an unpaved highway, the near edge of the opening shall
be at least 12 feet from the general center line of the traveled highway,
or as authorized.
(d)
No opening may be made for more than 200 linear feet
at one time, unless authorized by the permit.
(e)
The permittee shall protect its openings to provide for
the safety of the traveling public, including motorists, bicyclists and pedestrians.
(6)
Daily stoppage of work requirements. Daily stoppage of
work requirements include the following:
(a)
Except for emergency repairs of utility facilities, work
within the pavement or shoulder shall be stopped prior to peak traffic hours
that may exist on a particular highway on a particular day and as specified
in the permit.
(b)
At the end of each workday, an opening in the right-of-way
shall be one of the following:
[1]
Covered with steel plates or bridges over openings which
are less than six feet in either length or width. The plates or bridging shall
be extended a minimum of 18 inches from each edge of the opening and shall
be secured in a safe manner.
[2]
Backfilled to the bottom elevation of the pavement or
base course, or to the original surface elevation if outside the pavement
and shoulder, and protected in accordance with PennDOT regulations, Chapter
203, (relating to work zone traffic control) and an approved traffic control
plan until the surface is restored to its former condition.
[3]
Protected under PennDOT regulations, Chapter 203, and
an approved traffic control plan, if the permittee has delivered certificates
of insurance.
(c)
The permittee shall protect its opening to provide for
the safety of the traveling public, including motorists, bicyclists and pedestrians.
(7)
Plowing operations shall comply with the following:
(a)
No plowing will be permitted within the right-of-way,
unless authorized by the permit.
(b)
Plowing operations will not be authorized in the pavement
or paved shoulder.
(c)
Plowing operations in unpaved shoulders are not allowed
from December through March inclusive or at other times when there is frost
in the top three feet beneath the surface.
(d)
No plowing is authorized within three feet from the edge
of the pavement. A greater distance shall be attained wherever possible.
(e)
The opening shall be a minimum depth of three feet. If
this depth cannot be consistently maintained, the proper depth shall be achieved
by trenching.
(f)
The utility facility shall be installed under any structures
that are less than three feet deep. Disturbed structures shall be repaired
or replaced by the permittee.
(g)
The disturbed area shall be restored in conjunction with
the plowing operation. Heaved surfaces shall be scarified to a depth of at
least four inches, extending at least one foot on either side of the heaved
area for the entire length of heaved area. The disturbed area shall then be
graded, backfilled where necessary and compacted until the disturbed area
is restored to a condition at least equal to that which existed before plowing.
Disturbed shoulders shall also be restored.
(8)
Disposition of materials. The responsibility of the permittee
for disposition of materials is as follows:
(a)
The permittee shall keep the improved area free of material
which may be deposited by vehicles traveling upon or entering onto the highway
during the performance of work authorized by the permit.
(b)
The permittee is responsible for controlling dust conditions
created by its own operations.
(c)
Excess material and material that is not suitable for
backfill shall be promptly removed and properly disposed of outside the right-of-way
as the work progresses.
(d)
Other material shall be stored so that there will be
no interference with the flow of highway drainage.
(e)
The permittee is not authorized to close a portion of
the pavement or shoulder to traffic for the primary purpose of storing material.
If the permittee stores material on the pavement or shoulder, the permittee
thereby acknowledges its obligation and commitment to repair or reconstruct
the pavement and shoulder, if damaged, to its former condition, in a manner
authorized by the township office. Delivered material may not be stored overnight
on the pavement.
(f)
The township may authorize the permittee to restore the
pavement or shoulder from superficial surface damage with a seal coat or surface
treatment.
(9)
Backfilling. An opening shall be backfilled by the permittee
in accordance with the following:
(a)
The opening may first be backfilled with fine aggregate material, meeting the requirements of PennDOT regulations, Section 703.1 of Publication 408, or granular material to protect the facility, placed to a height not to exceed one foot over the top of the facility, if the material is compacted in not more than four-inch loose layers or as authorized under Publication 408. To help protect its facility from future excavations, the permittee is encouraged to place a permanent colored ribbon under Subsection B(1) at least one foot above its facility. If the facility is nonmetallic, the permittee is also encouraged to place a metallic ribbon at a depth from which the ribbon can be sensed by typical metal locating instruments.
(b)
The opening shall then be backfilled with 2A modified
.
(c)
Backfill shall be compacted as follows:
[1]
General rule. Backfill material shall be placed in loose
layers not to exceed eight inches if vibratory compaction equipment is used.
Each layer shall be thoroughly compacted to 97% to 100% compaction.
[2]
Existing pavement elevation. Compaction shall be completed
to the bottom elevation of the existing pavement.
(d)
The township may require the permittee to have material
proposed for use as backfill and compacted material tested, at the expense
of the permittee, for conformance to the applicable gradation and compaction
requirements of Publication 408.
(e)
Test holes shall be backfilled, as soon as safely possible,
with material authorized by the township. The township office may authorize
test holes in the pavement or shoulder to be restored with a one foot cutback
of the surrounding surface.
(10)
Restoration of flexible base pavement. Base and surface
restoration of flexible base pavements shall be performed under this subsection
and as specified in the permit. Prior to replacement of the base course, one
foot outside of each edge of the opening shall be sawed, in a neat straight
line, to the top elevation of the existing aggregate subbase or stone base
course, and the detached material shall be removed. Other surface opening
methods such as cutting may be authorized if the methods result in the opened
pavement having a neat straight vertical line.
(a)
Exposed vertical and horizontal surfaces shall be prepared
under PennDOT regulations, Section 401.3 (f) of Publication 408.
(b)
The base course shall consist of bituminous concrete
meeting the requirements of PennDOT regulations, Section 305 of Publication
408 or other base course material authorized by the township office. The base
course material shall have a minimum depth of five inches or a depth equal
to the existing base course, whichever is greater.
(c)
If required, the binder course shall consist of ID-2
material meeting the requirements of PennDOT regulations, Section 421 of Publication
408. The binder course shall have a minimum depth of two inches or a depth
equal to the existing binder course, whichever is greater.
(d)
The wearing course shall consist of ID-2 material meeting
the requirements of PennDOT regulations, Section 420 of Publication 408, or
FJ-1 material meeting the requirements of PennDOT regulations, Section 422
of Publication 408. The wearing course shall have a minimum depth of 1 1/2
inch ID-2, or one inch FJ-1, or a depth equal to the existing wearing course,
whichever is greater.
(11)
Restoration of plain or reinforced cement concrete pavements.
Base and surface restoration of plain or reinforced cement concrete pavements
shall be performed under this subsection and as specified in the permit. Drilling
is not permitted where sawing or cutting is required.
(a)
Prior to replacement of the pavement, one foot outside
of each edge of the opening shall be sawed the full depth of pavement in a
neat straight line. The detached material shall be removed without damaging
the adjacent pavement. The use of a pavement breaker is prohibited. The permittee
may partially saw cut the pavement to a depth of at least three inches and
cut the remaining pavement with a jackhammer weighing no more than 90 pounds,
if:
(b)
Outside existing shoulder. If the disturbed area extends
outside the existing shoulder, the disturbed area outside the restored shoulder
shall be properly graded and a ditch line shall be constructed wherever necessary
to maintain highway drainage.
(12)
Temporary pavement restoration of a pavement or paved
shoulder may be required by the township office prior to permanent restoration,
under the following:
(a)
Temporary pavement restoration shall be completed before
traffic is allowed to travel on the disturbed area. The temporary pavement
may be kept in place for up to six months or as specified in the permit, and
properly maintained.
(b)
The temporary pavement shall be removed and permanent
restoration performed.
(13)
Appurtenances to underground installations. Requirements
relating to appurtenances to underground installations shall include:
(a)
The top of every manhole, valve box or other access to
the facility shall be approximately one inch below the surface in which it
is located.
(b)
The surface surrounding manhole covers valve boxes, or
other facility located in paved shoulders shall be paved with four inches
bituminous concrete base course a distance of at least two feet around the
structure to prevent washouts.
(c)
A manhole, including those cast-in-place, shall be constructed
in compliance with current industry standards and PennDOT regulations, Section
713.2 ( c) of Publication 408.
(14)
Additional restoration shall be required as follows:
(a)
Disturbed portions of the highway, including but not
limited to slopes and appurtenances and structures such as guide rails, curbs,
signs, markings, drain pipes, driveways and vegetation shall be restored by
the permittee to a condition at least equal to that which existed before the
start of work authorized by the permit, if the restoration is consistent with
the Roadway Construction Standards. Additional restoration may also be required,
upon written notification, to restore the structural integrity of the pavement
or shoulder.
(b)
If the permittee opens pavement having a bituminous concrete
surface and the township's wearing course is less than five years old, the
permittee shall, in addition to the restoration conditions outlined in the
permit and in this section, overlay the pavement in accordance with the following
conditions:
[1]
When a longitudinal or transverse opening longer than
10 linear feet has been made in the pavement, the permittee shall overlay
the traffic lanes for the entire length of highway that was opened, in a manner
authorized by the township.
(c)
If the permittee opens pavement having a bituminous concrete
surface and the wearing course is over five years old, the permittee shall,
in addition to the restoration conditions outlined in the permit and in this
section, overlay the pavement in accordance with the following conditions:
[1]
When two or more transverse openings have been made the
permittee shall overlay traffic lanes, for the entire length of highway between
the openings, in a manner authorized by the township.
[2]
When four or more emergency openings have been made by
the same permittee, the permittee shall overlay traffic lanes, for the entire
length of highway between the openings, in a manner authorized by the township.
[3]
If disturbed lanes adjacent to undisturbed lanes are
overlaid, the edge of the disturbed lane shall be saw cut or milled to a depth
of 1 1/2 inches or the depth of the existing surface course, whichever
is less, for the length of the opening to insure a smooth joint, with proper
elevation and cross section. A full width overlay may be authorized on various
highways instead of saw cutting or milling the disturbed lane.
[4]
If disturbed lanes adjacent to shoulders are overlaid,
the shoulder shall be raised, with material and in a manner authorized by
the township for the type of existing shoulder, so that the overlaid pavement
and shoulder edges are at the same elevation.
(d)
Regardless of the age of the wearing course:
[1]
If more than 100 linear feet of longitudinal or transverse
openings, or both, are made in the pavement, the township may require the
permittee to overlay traffic lanes for the entire length of highway that was
opened, if the township office determines that the rideability or structural
integrity of the pavement has been impaired by the openings.
(e)
Aggregate used in a bituminous overlay wearing course
shall comply with skid resistance level (SRL) criteria specified in PennDOT
regulations, Design Manual, Part 2, Chapter 11.
(f)
If an opening is made in a bituminous concrete pavement
within three feet from the edge of pavement or other longitudinal joint or
opening, the surface restoration shall be extended to the edge of pavement
or other longitudinal joint or opening.
(g)
At each end of an overlay, the permittee shall install
a paving notch, under PennDOT regulations, Roadway Construction Standard RC-28,
by milling, planing or other authorized method and provide a minimum ten foot
transition.
(h)
The transition areas at each end of an overlay shall
follow the contour of the surrounding surface.
(i)
When pavement markings on more than 100 linear feet of
highway are covered or destroyed by the permitted work, including overlays,
they shall be replaced with temporary pavement markings, under PennDOT regulations,
Section 203.72 (relating to temporary pavement markings) before opening the
disturbed pavement to traffic. When the pavement surface is restored, pavement
markings that were covered or destroyed shall be replaced in their former
location.
(j)
Sealing. Restored openings in the pavement or paved shoulder
shall be sealed under PennDOT regulations, Section 401.3(j)(3) of Publication
408 in the case of bituminous concrete or PennDOT regulations, Section 501.3(n)
of Publication 408 in the case of cement concrete.
A.
General rule. A permit will not be issued to install
aboveground facilities at a location which the township determines to have
a high accident potential.
B.
Location of aboveground facilities. The location of an
aboveground facility shall be:
(1)
Within nonlimited access right-of-way.
(a)
New poles and other aboveground facilities shall be installed
outside the highway clear zone as near the right-of-way line as practicable,
under the permit and applicable provisions of PennDOT regulations, Design
Manual, Parts 2 and 5.
(b)
Replacement of poles and other aboveground facilities
shall comply with the permit and applicable provisions of PennDOT regulations,
Design Manual, Part 5.
(c)
Installation of poles and other aboveground facilities
in locations where highway guide rail or curb exists shall comply with the
permit and applicable provisions of PennDOT regulations, Design Manual, Parts
2 and 5.
(2)
Installation of poles, guys and other aboveground facilities within limited access right-of-way shall comply with applicable provision of the Federal Highway Program Manual - Volume 6, Chapter 6, Section 3; the American Society of State Highway and Transportation Officials (AASHTO) policy of the accommodation of utilities on freeways; and PennDOT regulations, Design Manual, Part 5.
C.
Location of wires, cables or conductors. A wire, cable
or conductor which overhangs a portion of the right-of-way shall be placed
to provide a minimum vertical clearance of 18 feet over the pavement and shoulder,
except where the National Electrical Safety Code requires vertical clearances
in excess of 18 feet due to voltage or span lengths.
E.
Identification of poles. A pole shall bear the name or
initials of the facility owner and the pole numbers assigned by the facility
owner.
F.
Seismograph-vibrioses method. Seismograph-vibriosis method
shall comply with the following:
(1)
Seismograph operations by other than vibriosis method
will not be permitted.
(2)
A permit will not be issued to authorize seismograph
operations within limited access highway right-of-way.
(3)
Wherever possible, seismograph operations shall be performed
entirely off the pavement and shoulder to lessen interference to traffic.
G.
Modular concrete replacement units, metal reinforcing
collars and similar devices.
(1)
Modular concrete replacement units, metal reinforcing
collars and similar devices may not be placed in township right-of-way unless
located:
(a)
Thirty feet or more beyond the edge of pavement under PennDOT regulations, Design Manual, Part 2, Chapter 12.
(b)
At the top of a slope (2:1 or greater) or at least eight
feet beyond the toe of the slope.
(c)
Beyond parallel drainage ditches.
(d)
Beyond the specified deflection distance for the type
guide rail in front of the location, under PennDOT regulations, Design Manual,
Part 2.
(2)
No permit will be issued for the placement of a new facility, or for the repair, modification, reinforcement or replacement of an existing facility, by modular concrete replacement units, metal reinforcing collars or similar devices unless the facility is located in compliance with Subsection G(1).
License required. No person may attach a utility facility to township
bridge or modify an existing facility until the owner of the utility facility
has obtained a permit from the township.
A.
General rule. Violation of this article or the permit
requirements constitutes ground for imposition of the following penalties:
(1)
Upon receipt of oral or written notice of violations
from the authorized representative of the township or a township police officer,
the permittee shall cease to perform any further work in the permitted area
except to restore the area to a safe condition. No further work may commence
in the permitted area until the violations have been remedied. Where the permittee
has received oral notice of the violations, written notice shall be sent to
the permittee within ten days of receipt of the oral notice.
(2)
Confiscation of the applicant's permit or emergency permit
card by any police officer or authorized representative of the township.
(3)
Revocation of the applicant's permit or emergency permit
card by the township.
(4)
Removal of facilities installed without a permit or in
violation of the provisions of this article.
(5)
Fines, imprisonment or other penalties as are provided
by statute.
(6)
Other action as may be deemed necessary or proper after
consultation with the Township Solicitor.
(7)
Other conditions which may be specified on a township
citation.
B.
Additional grounds for revocation shall be as follows:
(1)
The township may revoke a permit whenever it determines
that the permitted facility is not being maintained, is in violation of a
condition of the permit or this article, constitutes a hazard to traffic or
interferes with the proper use of the highway by the Township or the public.
C.
Modification of conditions.
(1)
General rule. When a term or condition of this article
cannot be met, an applicant may request, in writing, that the township modify
that term or condition if it is not required by law, under the following:
(a)
The applicant has done all that can reasonably be done
to comply with the term or condition.
(b)
The proposed modification satisfies the intent of the
term or condition to be modified.
(c)
The proposed modification represents the minimum feasible
deviation from the term or condition to be modified.
(d)
The reason for the requested modification is in feasibility
of meeting the exact terms or conditions of this article rather than mere
economic benefit to the applicant.
(2)
Modification granted. If a requested modification is
granted, the permit will specify the allowable modification. A permit issued
under authority of this section shall be signed only the Director of Public
Works or Township Manager. The granting of a modification will be predicated
on the applicant's complying with the following:
(a)
Unless the applicant is excused in writing, executing
a hold harmless and indemnity agreement acceptable to the township.
(b)
Unless the applicant is excused in writing, obtaining
bonds satisfactory to the Township to guarantee highway restoration and maintenance
costs.
(c)
Unless the applicant is excused in writing, obtaining
public liability insurance for personal injury and property damage on behalf
of the township, its officers, agents and employees, in a form and amount
acceptable to the township for the life of the facility.
(d)
Permit conditions, which may include use restrictions,
special traffic control devices or safety features.
(e)
Third parties. The modification of a term or condition
by the Director of Public Works does not create rights in a third party, nor
does a waiver act as a modification of the common law duty of the applicant
to relocate its facilities upon demand by the township to another location
within the right-of-way at the sole cost of the applicant.
All streets shall be graded the full width of the right-of-way to the
grades shown on the street profile and cross-section plan submitted and approved
with the preliminary plan. They shall be inspected and checked for accuracy
by the Township Engineer or the township representative. Typical recommended
sections are attached hereto.
The pavement and curbing for all streets and all commercial and industrial
parking areas and driveways into and out of said parking areas shall be installed
as shown on the preliminary plan, and in accordance with the following:
A.
Pavement construction.
(1)
Rural and residential roads and commercial, industrial
and multifamily parking areas and driveways. All paved rural and residential
cartway areas and commercial, industrial and multifamily parking areas and
driveways covered by these regulations shall have a thickness of not less
than 9 1/2 inches, which shall consist of three inches modified stone
subbase, five inches bituminous concrete base course and 1 1/2 inches
ID-2 wearing course conforming to the current specifications of the PennDOT
regulations.
(2)
Major and secondary roadways. All major and secondary
roadways covered by these regulations shall have a thickness of not less than
16 inches, the subbase of which shall consist of six inches of compacted 2A
modified stone, a base course of seven inches of bituminous concrete base
course, a 1 1/2 inch ID-2 binder course and 1 1/2 inch ID-2 wearing
course, or approved equivalent, conforming to the current specifications of
the PennDOT regulations.
Prior to any excavation, the pavement shall be cut vertically and to
a straight line, preferably with a pavement saw, equal to the width of the
trench. The trench shall be as narrow as possible to provide adequate working
space, but shall not exceed the outside diameter of the barrel of the pipe
plus 16 inches. Side walls of the trench shall be as nearly vertical as possible.
A.
Must be in accordance with PennDOT regulations, Form
408.
B.
If blasting is necessary the township may require a full-time
inspector. The expense of that inspector shall be reimbursed back to the township
by the developer or contractor.
C.
If roadway is raised or damaged the township will require
those sections to be repaired to township standards.
D.
If blasting is required the township will require the
contractor and/or developer to post bonding for the protection of the roadways.
E.
If 50% or more of a roadway is damaged the township will
require base restoration and on overlay of the entire roadway.
F.
No predrilling or blasting may be performed within the
right-of-way unless authorized by a permit and until the permittee provides
insurance for property damage and public liability.
G.
The blaster's license number shall be furnished upon
request.
H.
No blasting will be permitted within 50 feet of the nearest
part of a bridge, box or culvert.
I.
The permittee's obligation for restoration of the highway
shall include failure of the highway occasioned by blasting.
A.
B.
As an alternative, the township will accept suitable
material, as defined by PennDOT regulations, Form 408 to be used as backfill
in new road construction only with the following conditions: If 2A modified
stone is not used, the construction and the backfill will be subject to full-time
inspection by the Township Inspector as well as full-time soil compaction
tests by an independent soil scientist all at the expense of the owner/developer/contractor.
In addition, no dedication of the roadway will be accepted prior to four years
from the date of completion of the base paving. At the time of dedication,
developer/owner/contractor must provide a three-year maintenance bond.
A.
Any sanitary sewer that is constructed within the legal
right-of-way of any existing road shall be backfilled with a minimum of two
feet of No. 8 stone over the pipe then backfilled with 2A modified stone to
the subgrade of the road.
B.
Within the cartway of a new road, a minimum of two feet of No. 8 ( 1/2 inch clean) stone must be placed over the pipe, 2A modified stone shall then be placed to the subgrade of the road. As an alternative, the pipe may be backfilled with No. 8 clean stone two feet above the pipe and the balance of the backfill may be suitable material as defined by PennDOT regulations, Form 408. If 2A modified stone is not used, the construction of the sanitary sewer and backfill will be subject to full-time inspection by both the Sewer Authority and the Township Inspector as well as full-time soil compaction tests by an independent soil scientist. The conditions set forth in § 120-22B above shall apply.
C.
Compaction. After the pipe has been placed and properly
bedded and backfilled with approved material by the township to a depth of
two foot above the top of the pipe in accordance with the job requirements
and specifications, the remainder of the trench shall be backfilled in eight
inch maximum layers to within six inches of the pavement surface. Each layer
shall be compacted to a density equal to the requirements of PennDOT regulations,
Form 408, and shall be inspected and confirmed by approved testing devices.
Tamping shall be done with mechanical equipment, tamping rollers or vibrating
compactors depending upon field conditions. Of more importance is that it
be done carefully to insure a thoroughly tamped backfill. Last 2 1/2
inches shall be cold patched until final restoration. Note: Compaction by
puddling or jetting with water shall not be permitted or acceptable.
Prior to placement of the subbase and pavement, the existing pavement
and base course shall be cut back 12 inches from the edge of the trench. The
cut shall be vertical and to a straight line. Streets with asphalt pavement
surfaces shall be cut with a pavement saw.
A.
Transverse trenches.
(1)
The permanent pavement replacement on all transverse
trenches (trenches crossing the normal direction of traffic) shall consist
of a five-inch thick bituminous concrete base course, a two-inch ID-2 binder
course and a one-and-one -half-inch-thick thick ID-2 bituminous wearing course,
all in accordance with PennDOT regulations, Publication 408.
(2)
After the BCBC has cooled and set up, and immediately
prior to replacement of the surface course, the vertical surfaces of the existing
pavement and the surface of the base course shall be sprayed or painted with
a tack coat of type No. 1 emulsified asphalt. Application shall be in accordance
with PennDOT regulations, Section 460.3, Form 408.
(3)
The surface course shall be properly placed and compacted
with a ten-ton roller even with the existing road surface.
(4)
The joint between the new paving and the existing paving
shall be sealed with an application of Class BM-1 petroleum asphalt.
B.
Longitudinal trenches. The permanent pavement replacement
on all longitudinal trenches (trenches parallel to the normal direction of
traffic) shall consist of a five-inch thick bituminous concrete base course,
a two-inch ID-2 binder course, and a one-and-one-half-inch-thick ID-2 bituminous
wearing course, all in accordance with PennDOT regulations, Publication 408.
All other requirements shall be as specified for transverse trenches.
If a utility project (installation) is being done in conjunction with
a road reconstruction project, the Sewer Authority and the Public Works Director
shall coordinate the restoration work.
[Adopted 11-3-2005 by Ord. No. 534]
The construction of any new sidewalks or curbs and the repairing of
any existing sidewalks or curbs in the Township of Lower Providence, Montgomery
County, Pennsylvania, shall be done in conformance with the following specifications,
regulations and/or provisions.
The grade to which every curb, gutter, or sidewalk shall be hereafter
laid, constructed or repaired, other than that established in an approved
subdivision plan, shall be that fixed and designated by the Township Engineer
representing the Board of Supervisors of the Township of Lower Providence,
Montgomery County, Pennsylvania.
The space between the street side of the curb to the street side of
the paved edge of the sidewalk shall be five feet and the sidewalk paved width
shall be four feet in all new developments or street construction. In existing
developed sections of the Township, and where sidewalks have been constructed
prior to the date of this article, existing conditions shall be taken into
consideration by the Township of Lower Providence in applying the width and
location regulations.
Finished sidewalks and curbs shall have a grade from the inner edge
of the sidewalk to the outer edge of the curbs of 1/4 inch to the foot.
All work done hereunder shall be inspected by the Township Engineer,
or Township-authorized representative, representing the Board of Supervisors
of the Township of Lower Providence, Montgomery County, Pennsylvania.
It shall be the duty of the owner(s) of the land abutting upon any sidewalk
to keep them in such repair and condition that they may not be or become dangerous
to the welfare and safety of the traveling public. Sidewalks with a horizontal
crack or a difference in elevation of more than one inch shall be deemed not
in a safe condition and shall be replaced upon the issuance of a permit by
the Township. The Board of Supervisors of the Township of Lower Providence,
Montgomery County, Pennsylvania, or the official appointed Township designee,
is hereby empowered to notify property owners when sidewalks and curbs are
in need of repair or renewal, and the repair or renewal thereof shall be made
by the property owners within 30 days after said written notice is given to
the said property owners. Nothing herein contained shall be construed to place
the responsibility of determining when sidewalks may become dangerous to the
welfare and safety of the traveling public upon the Township. At all times
such responsibility shall be solely upon the property owner whose land abuts
the curb or sidewalk.
It shall be the duty of the owners of the land abutting upon any curbs
and/or sidewalks to keep them clear so that they may not be or become dangerous
to the welfare and safety of the traveling public. It shall hereafter be unlawful
to allow the growth of any trees to extend to a height of seven feet or less
over the sidewalk which could interfere with the safety of the traveling public
on all public sidewalks at all times. Nothing herein contained shall be construed
to place the responsibility of determining when sidewalks may become dangerous
to the welfare and safety of the traveling public upon the Township. At all
times such responsibility shall be solely upon the property owner whose land
abuts the curb or sidewalk.
No open gutters for conducting rainwater or drainage of any kind will
be permitted to run over top of the sidewalk or curbs. All underground rain
conductors shall be of pipe material such as cast iron, wrought iron, clay
or approved plastics, constructed under the sidewalk and through the curb
to the gutter.
It shall be the duty of all tenants or occupants of occupied properties,
and the owners or agents in charge of unoccupied properties, abutting on public
streets in the Township of Lower Providence, not later than 48 hours after
snow or sleet has ceased to fall, to clear or cause to be cleared a pathway
in the sidewalk in front of their respective properties in the event of snow
and to cover the sidewalk with ashes, sawdust or similar materials in the
event of ice or sleet. Such pathway shall be not less than 30 inches in width
and shall be thoroughly cleared of snow and ice or covered with ashes, sawdust
or similar materials. Where snow and ice are removed from the pathway they
may be placed or piled on the curbside of the sidewalk, but it shall not be
piled or placed in the gutter or the cartway.
No persons or person, firm or corporation shall construct or repair
any sidewalk, curb or gutters without first applying for and obtaining from
the Building Codes or Code Enforcement Departments of the Township of Lower
Providence, Montgomery County Pennsylvania, a permit for the same use.
A.
The application for such permit shall set forth:
(1)
The full name and address of the owners of the land affected;
(2)
The name and address of the contractor or the person
to perform the work;
(3)
The precise location of the property upon which the work
is to be done;
(4)
The length of the proposed project;
(5)
Contractor's compliance with Workers' Compensation
Act of 1990, as amended, if applicable; and
(6)
Such other pertinent information as may be considered
necessary to process this permit.
B.
No permit will be required for new curbing, gutters or
sidewalk to be constructed in an approved subdivision which is to be installed
by the developer.
The cost of obtaining a permit to repair existing curbs, gutters and
sidewalks shall be as determined by resolution of the Board of Supervisors
from time to time.
A.
All curbs and sidewalks as well as all driveways over
sidewalks shall be constructed of monolithic concrete. Said concrete shall
develop a compressive strength of 4,000 pounds per square inch (psi) in 28
days. Certification of the concrete mix shall be furnished, if required by
the Board of Supervisors of the Township of Lower Providence, Montgomery County.
B.
Curbs shall be made to the following specifications:
The curbs shall have a depth of not less than 18 inches and shall be eight
inches thick at the base and seven inches thick at the top. Curbs shall be
constructed with an eight-inch reveal and shall rest on a compacted bed of
AASHTO No. 57 (PADOT 2B) crushed stone of a depth of not less than four inches.
C.
Sidewalks shall not be less than four inches in thickness and shall rest on a compacted bed of AASHTO No. 57 (PADOT 2B) crushed stone of a depth of not less than four inches. For width and location of sidewalks see § 120-28.
D.
Mortar shall be used only in case of patching honey-combed
concrete and then shall be one part cement and two parts of sand or its equal.
E.
Sidewalk shall have clean cut joints, a minimum one inch
deep, every five linear feet, and expansion joints every 30 linear feet or
less, at structures, and at the end of a day's work. Curbs shall have
clean cut joints, a minimum two inches deep, every 10 linear feet, and expansion
joints every 60 linear feet or less, at structures, and at the end of a day's
work. Expansion joints shall be 1/2 inches wide with premolded expansion joint
filler. Expansion joint material shall also be placed between any curb and
driveway apron. All sidewalks shall have a float finish, except that any sidewalk
on a grade of 10% or greater shall have a broom finish.
F.
Driveways over sidewalks shall be at least six inches
thick and shall include six-inch by six-inch by 10 gauge welded wire fabric.
Driveways over sidewalks shall be constructed to rest on a compacted bed of
AASHTO No. 57 (PADOT 2B) crushed stone of a depth of not less than four inches.
Widths shall be a minimum of 10 feet for single driveways and 20 feet for
double driveways, except as approved otherwise by the Board of Supervisors.
G.
All joints between curb and bituminous pavement shall
be sealed with AC-20.
If the owner of any property neglects to perform such duty so required
of him, the Director of Public Works may serve written notice upon such owner
requiring him to do what is necessary. The notice provided for in this section
may be served on the property owner by leaving the same at his place of residence
or, if he has no residence in the Township of Lower Providence, then by posting
the same on the premises and mailing a copy thereof to the owner at his last
known address. If such property owner fails to comply with the requirements
of such notice within 30 days from the date of its service, the Township of
Lower Providence may make the necessary repairs or remove any obstruction.
The cost of the same, together with a penalty of 10%, shall be paid by the
delinquent owner and may be collected by action of assumpsit, or the Township
may file a municipal lien against the property.
Any person or persons, firm or corporation constructing or repairing
sidewalks, curbs or gutters or planting trees in violation of any of the provisions
of this article shall, upon conviction thereof, before a Magisterial District
Judge, be subject to a penalty of not less than $600 nor more than $1,000
for each and every offense, and costs of prosecution, and, upon default in
the payment of said fine and costs, shall be imprisoned for a period not exceeding
30 days in the Montgomery County Prison.
Any and all terms, conditions, specifications, or requirements of this
article shall be consistent with the terms, conditions, standards, and specifications
as may be established by or in accordance with the American Disabilities Act
or any codes, regulations, standards, specifications, administrative requirements,
etc., as may be adopted by the appropriate and authorized agencies to implement
the terms and conditions of said Act or any amendments thereto as may be hereinafter
adopted or implemented by any federal, state, or County regulatory agency
as if said standards, conditions, regulations, codes or requirements were
incorporated herein at length.
