[Adopted 8-26-1974 by Ord. No. 28 (Ch. 21, Part 1, of the 1983 Code of Ordinances); amended in its entirety 5-11-2011 by Ord. No. 388]
This article shall be cited to as the "West Whiteland Township Street Opening Ordinance."
No opening, cutting, excavating, grading, boring, crossing, installation or disturbance of any kind shall be allowed upon, in, under, over, or across any portion of a Township road or any Township road right-of-way without a permit granted by the Township.
The application for a permit shall be on a form provided by the Township and submitted to the Township in triplicate. The Township shall be responsible for review and administration of the permit. The application shall be accompanied by a fee for processing the application in accordance with the Township Schedule of Fees, adopted from time to time by the Board of Supervisors, for street occupancy permits and restoration charges and another fee for review by the Township Engineer and for making the inspection, if needed. In addition, the applicant shall submit three copies of a sketch showing the location of the intended work, parcel number, 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 ascertain the location of the work.
For openings or breaks in any improved surfaces, a street degradation fee shall be charged in addition to any administrative and restoration fees required under this section.
Base fee: calculated permit fee in accordance with the Township Schedule of Fees, adopted from time to time by the Board of Supervisors.
Additional degradation fee if the surface was paved or microsurfaced within the past five years of the date of the applicant's scheduled work. The fee is based upon the longest dimension of excavation:
The above degradation fees may be changed in the Township Schedule of Fees from time to time as approved by the Board of Supervisors.
The permit application shall be approved or denied within 30 calendar days of submission of a complete application to the Township. If the application and required documents do not conform to the requirements of this article and any other applicable ordinances, rules, and regulations, the Township shall deny the application, in writing, stating the reasons. If the Township is satisfied that the proposed work conforms to the aforesaid requirements, the Township shall issue a permit.
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, 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.
At least one lane of traffic shall be maintained at all times. The applicant shall comply with per all applicable PennDOT regulations.
The Township, at its discretion, may allow a road to be closed and traffic to be detoured. No road shall be closed without giving the Township at least three business days' prior notice. The applicant is required to notify Chester County Emergency Services, the West Whiteland Police and Fire Departments, and the West Chester area and, if applicable, the Downingtown area school districts with Township-approved content regarding an approved detour. 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.
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 Chester County Conservation District prior to starting work.
The applicant shall comply with all OSHA safety requirements and procedures, including, without limitation, all confined space requirements.
The applicant shall notify the Township 24 hours in advance of starting work, upon completion of temporary restoration, and upon completion of permanent restoration. For any type of pipeline replacement/installation, the applicant shall notify the Township 48 hours in advance of the start of construction or of the resumption of construction if discontinued for more than five working days.
Prior to the start of pipeline replacement/installation and continuously throughout construction and right-of-way and workspace restoration, the applicant shall designate a field representative responsible for overseeing compliance with the conditions of this permit. This person shall be accessible by telephone during normal business hours. This person's phone number and emergency phone number shall be provided to the Township. The applicant shall provide written notice to all landowners within 200 feet of the work area of the work to be done, including the project's time frame, limits of work, the name, telephone number, and e-mail address of the field representative, and any other issues that may impact those landowners. This notice shall be provided to those landowners at least seven days before work is to begin. The Township shall receive a copy of the notice sent to the landowners.
Projects are permitted to be in operation between 7:00 a.m. to 7:00 p.m. EST, Monday through Friday, unless extended by prior written authorization. At all other times, there shall be no motorized equipment running other than a pickup truck(s).
Backfill shall comply with Exhibit A, as amended from time to time. There shall be a minimum six inches of bedding under a pipe or utility line. Crushed-stone backfill shall be mechanically compacted in maximum eight-inch lifts. Where work is done outside the paved cartway or shoulder, the last six inches of backfill shall be topsoil with stone or debris no larger than two inches in its largest dimension.
Controlled density fill (CDF), also known as "flowable fill," may be used as backfill in paved roads, in accordance with PennDOT specifications and requirements.
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 ensure the safety of travelers on the roads in the Township until the next workday. The applicant shall comply with the provisions of PennDOT Publication 213, Work Zone Traffic Control Guidelines.
The work area shall be swept clean, cleaned of all waste, debris, and scrap that is the product of construction 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 in accordance with PennDOT standards.
Conduits and pipes shall be installed with a minimum of 24 inches of cover. In no case shall conduits or pipes be allowed to be placed in or bonded to the bottom of the paving, especially in the case of concrete paving.
No pipeline shall be installed in such a way or manner as to constitute a danger or hazard to any person.
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 six months.
All work is to be in compliance with Exhibit A, as amended from time to time. The applicant shall provide final additional grading and seeding at a later date to correct for soil settling within the work area, at the direction of the Township.
Permanent paving shall be constructed no earlier than 60 days after the installation of the temporary paving. If, within one year after the date of installation of the permanent paving, defects appear therein, the applicant shall reimburse the Township for the cost of all necessary repairs to the permanent paving.
If the applicant opens pavement and the Township's wearing course is less than five years old, the applicant shall, in addition to the restoration requirements outlined in this article, overlay the pavement in accordance with the following conditions:
When a longitudinal opening longer than 100 linear feet has been made in the pavement, the applicant shall overlay the traffic lanes in which the opening was made, for the entire length of highway that was opened, in a manner to be approved by the Township.
When two or more transverse openings have been made within 100 linear feet of pavement, the applicant shall overlay traffic lanes in which the openings were made, for the entire length of highway between the openings, in a manner to be approved by the Township.
When four or more openings of any other type have been made by the same applicant within 100 linear feet of pavement, the applicant shall overlay traffic lanes in which the openings were made, for the entire length of highway between the openings, in a manner to be approved by the Township.
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 ensure a smooth joint, with proper elevation and cross section. A full-width overlay may be authorized on various roadways instead of saw-cutting or milling the disturbed lane.
If disturbed lanes adjacent to the shoulders are overlaid, the shoulder shall be raised, with material and in a manner approved by the Township for the type of existing shoulder, so that the overlaid pavement and shoulder edges are at the same elevation.
Regardless of the age of the wearing course:
If more than 100 linear feet of longitudinal or transverse openings, or both, are made in the pavement, the Township reserves the right to require the applicant to overlay traffic lanes in which the openings were made, for the entire length of highway that was opened, if the Township is of the opinion that the rideability or structural integrity of the pavement has been impaired by the openings.
If four or more openings are made by the same permit holder within 100 linear feet of pavement, the Township reserves the right to require the applicant to restore the entire disturbed pavement between the openings by milling, planing, or other authorized method and by overlaying the entire disturbed pavement.
Aggregate used in bituminous overlay wearing course shall comply with skid-resistance level criteria (SRC) specified by the Pennsylvania Department of Transportation.
If any type of 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 the pavement or other longitudinal joint or opening.
At each end of an overlay, the applicant shall install a paving notch by milling, planing, or other authorized method and provide a minimum ten-foot transition.
The transition areas at each end of an overlay shall follow the contour of the surrounding surface.
When pavement markings are covered or destroyed by the permitted work, including overlays, they shall be replaced with temporary pavement markings before opening the disturbed pavement to traffic. When the pavement surface is fully restored, permanent pavement markings that were covered or destroyed shall be replaced by the applicant, in like kind, in their former location.
Restored openings in the pavement or paved shoulder shall be sealed with hot AC-20 in accordance with Township specifications.
Within 90 days of completion of construction in the Township, as-built drawings shall be provided to the Township on 11-inch by 17-inch sheets, depicting all facility locations and placement.
All work shall be guaranteed for a period of one year from the date of final inspection and certification by the Township that the work has been completed in accordance with the permit. The Township reserves the right to have this guaranty backed by the applicant's security deposit (see below). All defects shall be corrected by the applicant within four hours of verbal or written notice from the Township or its agents.
The applicant shall immediately, at its own expense, repair or replace all public property and all private property, including but not limited to driveways, fences, and mail boxes, located in, along, or adjacent to public right-of-way, which may have been damaged or destroyed by any action or inaction of the applicant.
Any damage to curb, inlets, storm sewer, sanitary sewer, signage, pavement markings, etc., shall be replaced to the satisfaction of the Township.
At the time of permit application, the applicant shall deposit with the Township financial security in an amount equal to $20 per square foot of road surface opening. The financial security shall be held by the Township unit the end of the one-year guaranty period and shall be used by the Township as liquidated damages in case of default or nonperformance by the applicant. Projects in excess of $25,000 shall deposit with the Township financial security in an amount equal to 110% of the cost of completion of the work required to comply with this article, estimated as of 90 days following the date scheduled for completion, provided that the cost exceeds $25,000. The form, amount and administration of the financial security shall be in accordance with Section 509 of the Pennsylvania Municipalities Planning Code, 53 P.S. § 10509.
Conduit placed parallel to the road center line shall be placed within the first foot, as measured from the back of the curb (or the edge of the paving if no curb), or beyond four feet from back of the curb (or the edge of the paving if no curb). This provides the Township three feet within which to place Township facilities.
Permits shall be required for all new or widened driveways within the Township. Driveway permits for Township roads shall be obtained from the Township. The application shall be accompanied by a fee in accordance with the Township Schedule of Fees, adopted from time to time by the Board of Supervisors. Driveway permits for state roads shall be obtained from PennDOT. The provisions of § 276-4.18, Security deposit, and § 276-4.30, Insurance, shall not apply to an applicant for a driveway permit serving an existing single-family residence.
The minimum width of a single-family residential driveway shall be nine feet.
Driveways for single-family residences which existed as of January 1, 1982, and are in excess of 100 feet may be partially paved upon petitioning for relief. Should relief from this requirement be given, a minimum of 75 feet of the driveway from the roadway must be paved.
The maximum grade of any single-family residential driveway shall be 15%. The maximum grade for other driveways shall be 10%, unless a lesser maximum is established in Chapter 325, Zoning.
All non-single-family driveways shall have the same construction as the street from the curbline to the right-of-way line should the developer not choose to place depressed curb.
The center line of driveways shall be located at least 50 feet from the continuation of the right-of-way line of the closest intersection, or directly across from three-way intersections.
For nonresidential or multifamily residential driveways, provisions shall be made for safe and efficient ingress and egress to and from public streets and highways serving a developed use without undue congestion or interference with normal traffic flow. A single, common vehicular access point or internal interconnection with adjacent uses shall be required. The goal is to minimize driveway accesses to maintain a high safety level for the motoring and pedestrian traffic. Additional driveway accesses will only be considered if it is determined by the Township's traffic engineer and the Board of Supervisors that such driveway access(es) are in the best interest of the public. In determining the impacts of any additional driveway access(es), the Township's traffic engineer and the Board of Supervisors shall consider if any additional driveway will do the following:
Eliminate a traffic safety hazard on the public highway.
Provide a higher level of service at all hours of the day.
Reduce the volume of traffic on a public highway.
Reduce an existing congestion problem.
Increase the traffic flow efficiency.
Eliminate a traffic signal.
Not create any adverse impacts to internal circulation within the subject property, adjacent properties, and the public highway.
All driveways shall meet the visibility requirements of PennDOT Chapter 201 and West Whiteland Township ordinances, whichever is most stringent. The clear sight triangle shall be maintained clear of all obstructions at all times.
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.
For single-family residential driveways, 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. Paving shall consist of six inches of 3A crushed stone and two inches of ID-2, or Township-approved equals, per PennDOT Publication 408, latest edition. All other driveways shall be per the applicable West Whiteland Township Ordinance.
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.
Driveways serving as private streets shall not be dedicated to the Township, nor does the Township assume any responsibility for their maintenance.
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.
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.
As part of the permit application, the applicant shall provide the Township with insurance certificates for the following policies of insurance in full force and effect with an insurance company(ies) admitted by the Pennsylvania Insurance Commissioner to do business in the Commonwealth of Pennsylvania and rated not less than A in Best Insurance Key Rating Guide:
Commercial general liability insurance, including property damage liability and personal injury liability of not less than $1,000,000 for each occurrence and a $2,000,000 minimum aggregate amount.
Automobile bodily injury liability insurance of not less than $500,000 each person; $500,000 each occurrence.
Statutory workers' compensation and employer's liability insurance.
All policies of commercial general liability insurance required hereunder shall name the Township, its supervisors, engineer and employees as additional insureds. Specifically, a commercial general liability insurance policy shall name the Township, its officers, agents, supervisors, elected officials and employees as an additional insured under ISO endorsement CG 20 26 07 04 or non-ISO equivalent. Any policy or policies of insurance shall be primary and noncontributory to insurance coverage maintained by the Township. Certificates of insurance shall state that coverage shall not be canceled by either party except after 30 days' prior written notice by United States certified mail, return receipt requested, has been given to the Township. In addition, the applicant shall indemnify and hold harmless the Township and shall assume the defense and all costs of lawsuits and awards.
This permit does not release the applicant from liability for damage to persons or property resulting from any activity covered by this permit.
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.
In addition to the requirements of this article, all work is subject to all applicable federal, state and local laws, ordinances and regulations. This permit does not release the applicant of the responsibility to obtain other federal, state, or county authorizations required for the construction of the permitted activity; and, if any applicant is required by law to obtain approval from any federal or other state agency to do the work, authorization granted by this permit is not effective until the federal and state approvals are obtained.
During any phase of the work authorized by the permit, the Township shall inspect the work and, when necessary, enforce compliance with the conditions, restrictions and regulations prescribed by the permit. Where any settlement or defect in the work occurs, if the applicant shall fail to rectify any such settlement or other defect within 60 days after written notice from the Township to do so, the Township may do the work and shall impose upon the applicant the cost thereof, together with an additional 20% of such cost.
Any person or utility which shall violate or permit the violation of the provisions of this article shall, upon being found liable therefor in a criminal enforcement proceeding, pay a fine of not more than $1,000 nor less than $25, together with court costs and reasonable attorney fees, and may be incarcerated for a period not exceeding 90 days. Such fines, costs, attorney fees and incarceration, after being reduced to a final, unappealed judgment, shall be enforced by the Township pursuant to the applicable rules of criminal procedure. Each day of violation shall constitute a separate violation.
As used in this article, the following terms shall have the meanings indicated:
- Any natural person, municipal authority, corporation, partnership, joint venture, sole proprietorship, firm, association and any other entity of whatever type.
These fees are applied to the costs incurred in the preliminary review of the location covered by the permit and/or spot inspection of the permitted work, and/or subsequent inspection after the permitted work has been completed to insure compliance with Department specifications and permit provisions. In addition to these general inspection fees, if it is determined by the Department that an inspector shall supervise the permitted work continuously, an inspection fee will be charged by the inspector(s) at 1.5 times the inspector's hourly pay rate plus all related costs.
Subsurface and surface facility installations (e.g., pipelines; buried cable with pedestals; conduit; manhole; headwall; inlet; grate). This fee is calculated on the total linear feet of the facility or facilities being permitted within the highway right-of-way, along and/or across the highway.
Facility openings [e.g., service connections if performed independently; pipeline repairs (each opening)]: $75.
Overhead facility installations (e.g., poles, guys and/or anchors if installed independently of poles): (NOTE: No inspection fee charged for removal of poles.)
Moving objects across the highway (e.g., draglines, houses): $250.
No permits or fees shall be required for the following:
To the Federal Government.
To the Commonwealth of Pennsylvania.
To political subdivisions of the commonwealth for work performed within their corporate limits.
Where facilities are moved at the request of the Department of Transportation or local authorities in connection with road construction or road maintenance operations.
To local authorities for the installation of sidewalks, curbs, subsurface traffic detectors or other work designed to improve road conditions.
To utilities for the installation of streetlights at the request of the Department of Transportation or other local authorities.
Residential driveway resurfacing.
United States Postal (or mail) boxes.
Bus stops - fare zone.