[HISTORY: Adopted by the Board of Supervisors of the Township of Willistown as indicated in article histories. Amendments noted where applicable.]
Subdivision and land development — See Ch. 123.
[Adopted 6-11-1974 by Ord. No. 3-1974; amended in its entirety 12-20-2012 by Ord. No. 6-2012]
This article shall be known and may be cited as the "Willistown Township Street Opening Ordinance."
No opening, cutting, excavating, grading, boring, crossing, installation or disturbance of any kind shall be allowed upon, in, under, or across any portion of a Township road or any Township road right-of-way without a highway occupancy permit granted by the Township for each separate undertaking. A permit shall not be immediately required for emergency excavations provided the applicant adheres to the requirements of § 119-34. A permit shall not be required for accessing utility facilities through a manhole.
The application for a permit shall be on a form provided by the Township and submitted to the Township in triplicate. The Willistown Township Director of Public Works shall be responsible for review and administration of the permit. In the case of an extended absence or vacancy, the Township Manager shall administer the permit process. The application shall be accompanied by a fee for processing the application and another fee for review by the Township Engineer and for making the required inspection(s), if necessary, in accordance with the Fee Schedule as adopted by resolution of the Board of Supervisors. In addition, the applicant shall submit three copies of a sketch showing the location of the intended work, width of the traveled roadway, right-of-way lines, address, and a dimension to the nearest intersecting road or other nearby landmark, so as to ascertain the location of the work. The applicant shall also be responsible for all costs and expenses associated to or arising from the permitted work, including the prescribed fees for the same, the cost of installation and maintenance of temporary restoration to all disturbed areas and all cost associated with the final restoration of project. Permits will only be issued to public utility companies or contractors registered to do business in Willistown Township.
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 applicable ordinances, rules, and regulations, the Township shall either issue a correction notice listing the deficiencies that must be corrected, or 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 Pennsylvania One Call System at 1-800-242-1776, report the proposed work, and obtain a serial number, and provide such serial number to the Township. No work shall begin until such date and time as authorized by Pennsylvania One Call. When feasible the applicant should include the PA One Call serial number on the permit application.
At least one lane of traffic shall be maintained at all times. The applicant shall comply with the provisions of Publication 213 - Work Zone Traffic Control Guidelines as published by the Pennsylvania Department of Transportation (PennDOT) and the Manual on Uniform Traffic Control Devices (MUTCD) as published by the Federal Highway Administration (FHWA).
Under extremely unusual circumstances, the Township may allow a road to be closed and traffic to be detoured. No road shall be closed unless or until the applicant provides 72 hours' advanced notice to the Township, the Chester County Department of Emergency Services, the Willistown Township Police Department, the local fire departments, and the Great Valley School District. No road shall be closed unless and until the applicant submits a detour plan to the Township and it is approved by the Township. No road shall be closed without proper detour signs, as approved by the Township, having been provided and installed by the applicant. All detour signs shall be maintained for the entire work period. No road shall be closed until residents and businesses within and affected by the work zone have been notified.
All proper erosion control measures shall be taken to ensure compliance with applicable laws. If necessary, the applicant shall obtain erosion and sedimentation control plan approval from the County Conservation District prior to starting work.
The applicant shall comply with all OSHA safety requirements and procedures including, without limitation, all confined space requirements. All excavation or trenching shall comply with the most recent federal, state and local regulations regarding construction site safety.
The applicant shall notify the Township at least 24 hours prior to starting work, performing temporary restoration and performing permanent restoration, so that a field inspection can be completed. The applicant shall also be required to send out written notification to all residents and businesses within and affected by the work zone, explaining the purpose of the installation. All notifications shall include a contact number to be staffed by the applicant for complaints or questions concerning the construction.
All new utility lines/pipes shall be laid in a minimum bedding of six inches consisting of PennDot certified 2B stone or screenings as required to maintain stability below the utility line/pipe. All backfill operations performed within the Township right-of-way shall require the installation of a PennDot certified 2A modified material of optimum moisture content compacted in maximum one-foot lifts. All backfill operations performed outside the cartway shall require the installation of a PennDot certified 2A modified material of optimum moisture content compacted in maximum one-foot lifts to within a minimum of six inches of existing grade. The last six inches of backfill shall require screened topsoil, seed and straw mulch cover.
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 Publication 213 - Work Zone Traffic Control Guidelines as published by the Pennsylvania Department of Transportation (PennDOT) and the Manual on Uniform Traffic Control Devices (MUTCD) as published by the Federal Highway Administration (FHWA).
The work area shall be swept clean, cleaned of debris and otherwise policed at the end of each workday and at the conclusion 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.
Conduits and pipes shall be installed with a minimum of two feet of cover. In no case shall conduits or pipes be allowed to be placed within six inches of the bottom of the roadway or driveway paving cross section, which includes all courses of screenings, base stone, binder and bituminous or concrete wearing surface. Separation shall be obtained by at least six inches of screenings, to allow paving to be milled in the future without damage to utilities.
Temporary restoration shall follow the guidelines set forth in § 119-11. The last two inches of the excavation shall be backfilled with compacted hot asphalt material to prevent 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 60 days 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 90 days. The applicant shall send notification directly to the Director of Public Works, indicating the date of completion of the temporary restoration.
All ragged or broken edges and undermined areas shall be saw-cut straight; the minimum cutback shall be one foot and the minimum depth shall be seven inches. Permanent restoration shall match existing thicknesses and materials, except in the case of asphalt paving where the minimum requirements shall be five inches of 25-mil Superpave and two inches of 9.5-mil Superpave. All edges shall be sealed a minimum of six inches wide with PG64-22 liquid asphalt. Where four or more openings have been made within 100 lineal feet of pavement or one continuous opening over 100 lineal feet of pavement, the applicant shall be required to mill out 1 1/2 inches of wearing course after backfill and base repairs have been completed and install 1 1/2 inches of compacted 9.5-mm Superpave asphalt in the traffic lanes in which the opening was made for the entire length of the opening, in a manner authorized by the Director of Public Works. All pavement markings affected by the road opening must be reinstalled by the applicant. All appurtenances and structures such as, but not limited to, guide rail or drain pipes, shall be restored to a condition equal to or better than that which existed before the start of any work authorized by the permit. All unpaved areas shall be restored with six inches of topsoil, seed and straw mulch cover. Curlex blanket shall be applied to all disturbed roadside swale areas and all areas with slopes that are 3:1 or greater, in accordance with Chester County Conservation District practices. Permanent restoration shall be scheduled to occur during the spring, summer or fall seasons when proper bituminous paving can be completed. The applicant shall notify the Director of Public Works, indicating the expected date of completion of the permanent restoration.
All excavations shall be marked after both temporary and permanent restoration. Where a pipeline crosses a public road, the location of the pipeline shall be marked by appropriate posts over the center of each pipeline. The posts shall be placed on both sides of the roadway on or one foot inside the right-of-way line and shall contain all information required by federal regulations with, as a minimum, the name and local address of the pipeline company offices and a phone number to call that will provide immediate response in the event of an emergency.
All work shall be guaranteed for a period of one year from the date of final inspection and certification by the Director of Public Works that the work has been completed in accordance with the permit. All defects shall be corrected by the applicant within 24 hours of verbal or written notice from the Township or its agents.
At the time of permit application, the applicant, except for public utility corporations operating under a franchise covering an area in whole or in part within the Township, 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 (based, at a minimum, on the stabilization measures necessary to return the work site on both private and public property to its preconstruction condition or better) estimated as of 90 days following the date scheduled for completion, provided that the estimated project 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. The financial security shall be held by the Township until the end of the one-year guarantee period and shall be used by the Township as liquidated damages in case of default or nonperformance by the applicant. Public utility corporations operating under a franchise covering an area in whole or in part within the Township shall have on file with the Township a bond in the amount of $5,000 or as may be established by resolution of the Board of Supervisors with a surety that is licensed to transact such business in the Commonwealth of Pennsylvania, which bond shall be renewed annually, covering cost of inspections pertaining to all opening or excavations made or to be made in the calendar year or shall furnish a bond in the amount determined by the Director of Public Works covering the aforesaid costs pertaining to proposed opening or excavations set out in the application. The aforesaid bonds shall have either corporate surety or other surety approved by the Township Solicitor and shall be conditioned to indemnify the Township in the event of any loss, liability or damage that may result or accrue from or be due to the making, existence or manner of guarding or constructing any opening or excavation during the term of said bond.
No utilities, except for transverse laterals, shall be placed in the planting area between the face of curb and the sidewalk, or within five feet of the edge of cartway or paved shoulders. This area is reserved for Township use for storm sewers, traffic signs, streetlights, etc.
Except for emergencies, excavations will not be permitted in streets that have been built or overlaid within the previous three years, unless the applicant agrees to mill out the entire width of roadway at a depth of 1 1/2 inches for the entire length of excavation and overlay the full width of the street with 1 1/2 inches of compacted 9.5-mm Superpave. Overlays shall be placed within one week of permanent restoration of the excavation.
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 Fee Schedule adopted from time to time by resolution by the Board of Supervisors. Driveway permits for state roads shall be obtained from PennDOT. The provisions of § 119-19, Security deposit, and § 119-33, Insurance, shall not apply to an applicant for a driveway permit serving an existing single-family residence.
The minimum width of a driveway shall be nine feet. In areas where a driveway is approved for access to multiple lots or uses, the minimum width of the driveway shall be 18 feet; where it can be shown to the satisfaction of the Township that sufficient pull-offs are provided for access to multiple lots or uses, the minimum width may be reduced to nine feet. The maximum width of residential driveways shall be 20 feet. The maximum width of farm driveways shall be 25 feet. The maximum width of commercial and industrial driveways shall be determined by engineering analysis. Driveways shall provide four-foot paved radius tapers (turning widths) where the driveway meets the cartway edge of a Township road; regardless of width, should turning movements onto or off of driveways result in damage to the cartway edge of a Township road, property owners shall be liable for repairs to the Township road.
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.
Not more than two driveways shall be permitted to any single property, tract or business establishment. Residential lots and lots with frontages of 100 feet or less shall be limited to one driveway.
All driveways shall meet the visibility requirements of PennDOT Chapter 201. 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.
The portion of a driveway within the street right-of-way shall not exceed four-percent grade. The remainder of the driveway shall not exceed fifteen-percent grade. Driveways shall be paved from the cartway to a minimum of 25 feet back from the right-of-way line. Paving shall consist of six inches of 2A crushed stone and two inches of 9.5 mm asphalt per PennDOT Publication 408, latest edition. The remainder of the driveway may be constructed of any suitable stone, paver or paved surface.
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 the event that no response is received from property owner, he or she shall be responsible for cost of remedial action including man hours, equipment and materials. 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 minimum aggregate amount of $2,000,000.
Automobile bodily injury liability insurance of not less than $500,000 each person; $500,000 each occurrence.
Statutory workman's 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 insured. Specifically, 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.
In the case of emergencies threatening property or lives, the applicant may proceed with the work after notifying the Township Police and 911. The notification shall include date and time of emergency works execution, location of emergency and work site and description of emergency work to be performed. 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.
All equipment used shall have rubber wheels or runners and shall have rubber, wood or similar protective pads between the outriggers and the surface unless otherwise authorized by the permit. Where other than rubber-equipped machinery is authorized, pavement, sidewalks and shoulders shall be protected by the use of matting wood or other suitable protective material unless the permit requires the applicant to repave the full width of the roadway. Should damages occur, pavement, shoulders and sidewalks shall be restored to their former condition at the applicant's expense.
In addition to the requirements of this article, all work is subject to all applicable federal, state and local laws, ordinances and regulations.
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:
- The portion of a street or alley, right-of-way, paved or unpaved, customarily used by vehicles in the regular course of travel over the street.
- Any natural person, municipal authority, corporation, partnership, joint venture, sole proprietorship, firm, association and any other entity of whatever type.
- The total width of any land reserved or dedicated as a street, alley or crosswalk, or for any other public or private purpose.
[Adopted 10-13-2008 by Ord. No. 3-2008; amended in its entirety 12-20-2012 by Ord. No. 6-2012]
The owner of each property within the Township abutting upon a sidewalk open to the public for pedestrian traverse or located, in whole or in part, within the right-of-way of a public or private street on which the property abuts shall keep the said sidewalk, together with any portion of the property paved and used as a sidewalk or public walk, immediately in front of the property in good order and repair and, at all times, free and clear of all obstruction to safe and convenient passage, including the accumulation of snow or ice.
The owner, occupant or tenant of every property abutting any sidewalk or public walk as described in § 119-39 above shall be required to remove or cause to be removed from the full width and length of all of said abutting sidewalk or public walk snow and/or ice thereon fallen or formed within 24 hours after said snow or ice shall have ceased to fall or be formed.
If the owner of any property neglects at any time to perform the duties herein described, the Township Board of Supervisors or its designee may serve written notice upon him requiring him to perform the necessary maintenance or repair. The notice shall specify the time by which said maintenance or repair shall be commenced and the time by which it shall be completed. 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 such place of residence is unknown to the Township, by posting the same on the abutting property.
If such property owner fails to comply with the requirements of the notice described in § 119-41 within the time period specified therein, the Township may assess a fine not exceeding $1,000 for each violation. The notice of assessment of a fine ("fine notice") shall be served on the owner, occupant or tenant by hand delivery or by both certified mail, return receipt requested, and regular mail to the postal address of the property abutting the sidewalk. Upon failure of the owner, occupant or tenant to pay the fine within the time period prescribed in the fine notice, an action shall be brought before a District Magistrate in the same manner provided for enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure. Each day in which a violation is found to exist shall constitute a separate violation. All fines and penalties collected for the violations of this article shall be paid to the Township.