Township of Ralpho, PA
Northumberland County
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Table of Contents
Table of Contents
[Ord. 86, 7/10/1990, § 1.1; as amended by Ord. 119, 4/14/1998]
The following words and terms when used herein shall have the following meanings; words and terms not contained in this Section shall have the meaning as clearly indicated by context; however, the final interpretation shall be by Ralpho Township:
APPLICANT
All persons, owners, contractors, developers, or other entities requesting a Permit or otherwise involved in the permitted project.
[Added by Ord. No. 192, 7/14/2020]
BACKFILL
Material used to replace or the act of replacing material removed during construction.
[Added by Ord. No. 192, 7/14/2020]
BASE COURSE
The layer or layers of specified or selected material of designed thickness placed on a subbase or a subgrade to support a surface course.
[Added by Ord. No. 192, 7/14/2020]
CENTRAL PERMIT OFFICE
Ralpho Township Municipal Building, 30 South Market Street, Elysburg, PA 17824.
DEGRADATION FEE
Fee charged for an officially authorized street excavation to defray a percentage of costs for resurfacing and reconstruction of Township streets resulting from the depreciation of streets associated with street openings.
[Added by Ord. No. 192, 7/14/2020]
DIRECTOR
Ralpho Township.
DRIVEWAY
Every entrance or exit used by vehicular traffic to or from a property abutting a Township road.
EMERGENCY
An unforeseen occurrence or combination of circumstances, which calls for immediate action or remedy.
[Added by Ord. No. 192, 7/14/2020]
EMERGENCY REPAIR
Repair of damages to a utility facility resulting from a vehicle accident or collision with the facility, a failed component or storm damage. The term does not include service connections or disconnections unrelated to vehicle accident, a failed component or storm damage. Emergency repairs shall be subject to Pennsylvania One Call (811) emergency repair requirements and conditions.
[Added by Ord. No. 192, 7/14/2020]
FLEXIBLE BASE PAVEMENT
A pavement structure, which maintains intimate contact with and distributes loads to the subgrade and depends on aggregate interlock, particle friction and cohesion for stability.
[Added by Ord. No. 192, 7/14/2020]
HIGHWAY or STATE HIGHWAY
Township road.
INSPECTOR
The Township's authorized representative assigned to inspect permitted operations.
[Added by Ord. No. 192, 7/14/2020]
LOCAL ROAD
Township road.
PERMIT
Township road occupancy permit.
PERSON
Any natural person, firm, partnership, association, corporation or their agents or assigns.
PLANS
Drawings which show the location, character and dimensions of the proposed occupancy and work, including related road features, layouts, profiles, cross sections, drainage calculations and details, and other details.
ROADMASTER
The Ralpho Township Roadmaster.
TOWNSHIP
Ralpho Township or its duly authorized representative.
VEHICLE
Every device in or by which any person or property is or may be transported or drawn upon a Township Road. This term includes special mobile equipment as defined in the Commonwealth of Pennsylvania Vehicle Code.
[Ord. 86, 7/10/1990, § 1.2; as amended by Ord. 119, 4/14/1998]
1. 
Permit. No construction, reconstruction or repaving of a driveway connecting to a Township road shall commence until the property owner shall first obtain a permit from the Roadmaster. An application, with accompanying plans, shall be filed with the Roadmaster. The Roadmaster shall review the plans and, if satisfied they are in compliance with this Part, direct the Roadmaster to issue a permit. The permit fee shall be set by the Township.
2. 
General Rule. All driveways shall be located, designed, constructed, reconstructed, repaved and maintained in such a manner as not to interfere or be inconsistent with the design, maintenance and drainage of the highway.
3. 
General Location Restrictions. Access driveways will be permitted at locations in which:
A. 
Sight distance is adequate to safely allow each permitted movement to be made into or out of the access driveway, as approved by the Township Engineer.
B. 
The free movement of normal highway traffic is not impaired.
C. 
The driveway will not create a hazard.
D. 
The driveway will not create an area of undue traffic congestion on the highway.
4. 
Specific Location Restrictions.
A. 
Access driveways shall not be located at interchanges, ramp areas, or locations that would interfere with the placement and proper functioning of highway signs, signals, detectors, lighting or other devices that affect traffic control.
B. 
The location of a driveway near a signalized intersection may include a requirement that the permittee provide, in cooperation with the Township, new or relocated detectors, signal heads, controller, and the like, for the control of traffic movements from the driveway.
C. 
Access to a property which abuts two or more intersecting streets or highways may be restricted to only that roadway which can more safely accommodate its traffic.
D. 
The Township may require the permittee to locate an access driveway directly across from a highway, local road or access driveway on the opposite side of the roadway if it is judged that offset driveways will not permit left turns to be made safely or that access across the roadway from one access to the other will create a safety hazard.
5. 
Local Roads. An access intended to serve more than one property or to act as a connecting link between two or more roadways is considered a local road and not a driveway regardless of its ownership. As such, its design must be in accordance with the PennDot Publication PDT 190. All other requirements shall be complied with before the local road will be allowed access onto a State highway.
6. 
Number of Driveways. The number and location of entrances which may be granted will be based on usage, interior and exterior traffic patterns and current design policy of the Township.
A. 
Normally, only one driveway will be permitted for a residential property and not more than two driveways will be permitted for a nonresidential property.
B. 
If the property frontage exceeds 600 feet, the permit may authorize an additional driveway.
C. 
Regardless of frontage, a development may be restricted to a single entrance/exit driveway, served by an internal collector road separated from the traveled way.
7. 
Approaches to Driveways. Driveway approaches shall conform to the following standards:
A. 
The location and angle of an access driveway approach in relation to the highway intersection shall be such that a vehicle entering or leaving the driveway may do so in an orderly and safe manner and with a minimum of interference to highway traffic.
B. 
Where the access driveway approach and highway pavement meet, flaring of the approach may be necessary to allow safe, easy turning of vehicular traffic.
C. 
Where the highway is curbed, driveway approaches shall be installed 1 1/2 inches above the adjacent highway or gutter grade to maintain proper drainage.
8. 
Restoration of Slopes. All disturbed slopes or earthen areas shall be restored to their original condition, or in a manner approved by the Township.
9. 
Altering Drainage Prohibited. Unless specifically authorized by the permit, the permittee shall not:
A. 
Alter the existing drainage pattern or the existing flow of drainage water.
B. 
Direct additional drainage of surface water onto or into the highway right-of-way or highway facilities in a way which would have a detrimental effect on the highway or highway facilities.
10. 
Disposition of Materials.
A. 
The permittee shall keep the improved area free of all 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 shall be responsible for controlling dust conditions created by its operations.
C. 
All excess material and material that is not suitable for backfill shall be removed and disposed of outside the right-of-way as the work progresses.
D. 
All retained suitable material shall be placed or stored outside the improved area, and in such a manner that there will be no interference with the flow of water in any gutter, drain, pipes, culvert, ditch or waterway.
11. 
Equipment Damaging Highway.
A. 
To protect the pavement and shoulders, all equipment 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.
B. 
In the event that other than rubber equipped machinery is authorized for use, the pavement and shoulders shall be protected by the use of matting, wood or other suitable protective material having a minimum thickness of four inches.
C. 
If the equipment damages the pavement or shoulders, the permittee shall restore the pavement or shoulders to their former condition, at the permittee's expense.
12. 
Traffic Protection and Maintenance. Maintenance and protection of traffic shall be carried out in accordance with the requirements of the Township, as set forth in PennDOT Publication 43 and Publication 90, if required.
A. 
The permittee shall provide and maintain all necessary precautions to prevent injury or damage to persons and property in accordance with instructions furnished by the Township. A traffic control plan shall be submitted to and approved by the Township before closing any portion of a lane to vehicular traffic.
B. 
Traffic control devices shall be provided in accordance with PennDOT Publication 43 and Publication 90. Any open trench or hole shall be adequately barricaded to prevent possible injury to pedestrians and the motoring public. All traffic control devices shall be of an approved type. Signs shall conform to the requirements of PennDOT Publication 68.
C. 
Designated employees shall be assigned by the permittee to direct one lane traffic. Flagman shall be provided as specified in the permit and in accordance with PennDOT Publication 43 and Publication 90.
13. 
Restoration. All disturbed portions of the highway, including slopes and all appurtenances and structures such as guard rail or drain pipes, shall be restored by the permittee to a condition at least equal to that which existed before the start of an work authorized by the permit. This includes providing appropriate end treatments on guard rail systems where existing guard rail is being broken by the driveway.
14. 
Approval by Roadmaster. Approval by the Township's Roadmaster of all or part of any permitted work shall not constitute acknowledgment that the work was performed in accordance with the permit, nor shall such approval of the Roadmaster act as a release of the permittee or waiver by the Township of its right to seek performance or restitution by the permittee.
15. 
Maintenance. All driveways and adjacent area within the highway right-of-way shall be continuously maintained by the property owner so as to conform to the permit and so as not to interfere or be inconsistent with the design, maintenance and drainage of the highway, or the safe and convenient passage of traffic upon the highway.
[Ord. 86, 7/10/1990, § 1.3]
1. 
General.
A. 
The ability of a driveway to safely and efficiently function as an integral component of a highway system requires that its design and construction be based on the amount and type of traffic that it is expected to serve and the type and character of roadway which it accesses. This Part separates driveways into four classifications, based on the amount of traffic they are expected to serve.
B. 
The design features described in this section and illustrated in the attendant figures are to be used by the applicant in designing the driveway plans which accompany the application. Dimensions shall be selected from the range of values shown on the appropriate figure, unless site conditions warrant a deviation. The Township may require design details which are more stringent than those specified in this chapter to ensure the safe and efficient operation of any proposed driveway.
C. 
All driveways that extend into the right-of-way must transition to bituminous pavement no less than four feet from the edge of the roadway pavement.
[Added by Ord. 185, 6/9/2015]
2. 
Angle of Access Driveway Approach.
A. 
Access driveway approaches used for two-way operation shall be positioned at right angles, that is, 90°, to the highway or as near thereto as site conditions permit, except as authorized by the Township Engineer.
B. 
When two access driveways are constructed on the same property frontage and used for one-way operation, each of these driveways may be placed at an angle less than a right angle, but not less than 45° to the highway, except that along divided highways where no openings are allowed in the median the minimum angle of an existing driveway may be 30°.
3. 
Driveways Adjacent to Intersections. Driveways serving properties located adjacent to a highway intersection are subject to the following:
A. 
There shall be a minimum ten-foot tangent distance between the intersecting highway radius and the radius of the first permitted driveway.
B. 
The distance from the edge of pavement of the intersecting highway to the radius of the first permitted driveway shall be a minimum of 20 feet on curbed highways and 30 feet on uncurbed highways.
C. 
Subsections A and B of this subsection may be waived only if the intersecting highway radius extends along the property frontage to the extent that compliance is physically impossible.
4. 
Property Line Clearance. Except for joint-use driveways, no portion of any access shall be located outside of the property frontage boundary line.
5. 
Multiple Driveways. Multiple driveways serving the same property must be separated by a minimum distance of 15 feet measured along the right-of-way line and 20 feet measured along the shoulder, ditch line or curb. When the distance between multiple driveways is 50 feet or less, measured along the shoulder or ditch line, the area between shall be clearly defined by permanent curbing. This curb shall be placed in line with existing curb or two feet back of the shoulder or ditch line on uncurbed highways. It shall be extended around the driveway radii to the right-of-way line.
6. 
Site Requirements.
A. 
All nonresidential buildings shall be located a sufficient distance from the right-of-way line to provide ample driving area and parking off the right-of-way to prevent storage of vehicles on the access driveways and to prevent the backup and turning of vehicles on the highway pavement.
B. 
The radii of internal curves shall be as large as possible to allow a direct movement from the highway into a proper position to obtain service or parking without any interference to other vehicles attempting the same maneuver.
C. 
Applications for driveways providing access to drive-in service developments shall, when requested, include information relative to the amount of storage provided between the service facility and the right-of-way, the number of service operations anticipated during peak periods and the hours and days of operation.
D. 
The area between the right-of-way line adjacent to and on both sides of a driveway shall be used as a clear zone to provide a physical barrier between the traveled way and activity on private property. This area shall remain free of any obstructions which may interfere with a clear line of vision for entering or existing vehicles.
7. 
Curbing.
A. 
The permit may require the installation of curbing wherever it is required to control access or drainage, or both. All curbing must be permanent cement concrete curbing per PennDOT Roadway Standards and PennDOT Form 408.
B. 
Where property abutting the right-of-way line could be used as a parking area, the permit may require curbing, permanent guardrail or fencing to be constructed along the right-of-way line in order to prohibit vehicle encroachment upon the sidewalk or shoulder area.
C. 
If, in the opinion of the Township, there is a high probability that vehicles would otherwise utilize a portion of the property frontage other than the approved driveway to gain access to the property, the permit may require curbing or other physical barriers to be constructed.
D. 
When curb exists adjacent to the proposed driveway, the line and grade of the existing curb shall be matched, unless otherwise authorized by the permit.
8. 
Access Driveway Pavement. Access driveways shall be surfaced with bituminous or cement concrete material in all zoning districts. However, in the Agricultural-Forest District, the Supervisors of Ralpho Township may permit other appropriate surfaces for driveways exceeding 100 feet in length, for good cause shown.
[1]
Editor's Note: Ordinance 185, adopted 6/9/2015, also provided for the addition of Exhibit A, which is included as an attachment to this chapter, and indicated that "All driveways shall be constructed in conformity therewith."
[Ord. 86, 7/10/1990, § 1.4; as amended by Ord. 119, 4/14/1998]
1. 
The permit referred to in § 102(1) herein shall expire 60 days after issuance. During this sixty-day period, construction of the driveway in accordance with this Part must be completed. Upon completion, the property owner shall contact the Roadmaster and request that an inspection be made. An inspection fee set by Ralpho Township shall be paid to the Township Clerk at the time the request is made. If the Roadmaster is satisfied the driveway has been constructed in accordance with this Part, an occupancy permit shall be issued.
2. 
If the Supervisors or Roadmaster believe an inspection by the Township Engineer is necessary, the property owner shall be responsible for payment of the Engineer's fee and expenses at his prevailing rate.
[Ord. 86, 7/10/1990, § 1.5; as amended by Ord. 112, 6/11/1996, §§ 1,2; and by Ord. 119, 4/14/1998]
1. 
General Rule. Any violation of these regulations or the permit requirements shall constitute grounds for imposition of any or all of the following penalties:
A. 
Upon receipt of oral or written notice of any violation, 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 shall commence in the permitted area until the violation has been remedied. Where the permittee has received oral notice of the violation, written notice shall be sent to the permittee within 10 days of receipt of the oral notice.
B. 
Revocation of the applicant's permit by the Township.
C. 
The Township may block driveways or sever, remove or block drainage facilities constructed without a permit or in violation of these regulations, or permit, at the expense of the permittee.
D. 
Penalties. Any person, firm or corporation who shall violate any provision of this Part, upon conviction thereof in an action brought before a district justice in the manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure, shall be sentenced to pay a fine of not more than $1,000 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 90 days. Each day that a violation of this Part continues or each Section of this Part which shall be found to have been violated shall constitute a separate offense.
E. 
If the permit is revoked per Subsection B above, and the permittee requests reinstatement of the permit, the permittee shall be required to post financial security (in a form as approved by the Township) in an amount equal to or greater than the driveway construction cost as estimated by the Township Engineer. The financial security will be returned to the permittee upon completion of the driveway construction in accordance with the requirements of the permit, or shall be used by the Township to complete the driveway construction in accordance with the permit requirements, if the permittee fails to complete the work in accordance with the permit.
[Ord. 50, 11/10/1981, § 1]
In accordance with the provisions of § 1156 of Article XI of the Second Class Township Code, as amended, no railroad or street railway shall hereafter be constructed upon any Township road, nor shall any railroad or street railway crossing, nor any gas pipe, water pipe, electric conduits or other piping, be laid upon or in, nor any drain, culvert, footpath, drive or driveway, or other means of ingress or egress be graded, constructed, installed or erected onto or in, nor shall any telephone, or electric light or power poles, or any coal tipples or any other obstructions be erected upon or in, any portion of a Township road except under such conditions, restrictions and regulations relating to the installation and maintenance thereof, as may be prescribed in permits granted by the Township for such purposes.
[Ord. 50, 11/10/1981, § 2; as amended by Ord. 180, 3/11/2014; and by Ord. No. 192, 7/14/2020]
The application for a permit shall be on a form prescribed by the Township and submitted to the Township no less than 30 days prior to the beginning of construction. Exceptions may be made in the case of an emergency. The application shall be accompanied by a fee established by a resolution of the Board of Supervisors; said fee schedule may be changed from time to time by resolution of the Board of Supervisor, and, to the extent not specifically set in that resolution, the fee shall be established in accordance with the Schedule of Fees set forth by the Department of Transportation for highway occupancy permits and restoration charges. In addition, the applicant shall submit three copies of a sketch showing such dimensions as the location of the intended facility, width of the traveled roadway, right-of-way lines and a dimension to the nearest intersecting street. The Roadmaster shall maintain a list of streets scheduled for pavement or other structural improvements in the Township's capital improvement construction schedule. If the applicant has made an agreement with the Township for shared restoration of an upcoming project, the Township, as part of that agreement, shall have the ability to exempt the applicant from the permit application and related fees.
[Ord. 50, 11/10/1981, § 3; as amended by Ord. No. 192, 7/14/2020]
A permit shall be issued to the applicant only after all the requirements of this Part have been fulfilled.
[Added by Ord. No. 192, 7/14/2020]
All work done pursuant to a permit issued under the provisions of this Part shall be performed under the direction and to the satisfaction of the Township or the Township's designated representative. The permit is binding upon the applicant, its agents, contractors, heirs, personal representatives, successors and assigns, and shall be in compliance with the following:
1. 
Responsibility. The applicant is responsible for causing compliance with the terms and conditions of the permit by its employees, agents and contractors. Responsibility for compliance with the terms of the permit may not be assigned or transferred by the applicant without first obtaining approval from the Township or the Township's designated representative after submitting a written request to do so. If a permit is assigned or transferred without first obtaining approval from the Township or the Township's designated representative, the assignment or transfer is void.
2. 
Liability. The applicant is liable to the Township for failure to comply with the permit and this chapter. The liability of the applicant to the Township does not preclude the applicant, the Township, or a property owner adjacent to permitted work from bringing an action against the applicant's contractor, subcontractor, engineer, architect, assignee, agent, workers, employees or other persons.
3. 
Traffic Control. The applicant shall be responsible to maintain traffic control devices during duration of work. All maintenance and protection of traffic control devices shall be in accordance with PennDOT Publications 213 and 408, as amended.
4. 
Working Hours. All work shall occur between the hours of 7:00 a.m. and 5:00 p.m., unless the permit specifically allows a variance from this work or if the work was completed as an emergency repair.
5. 
Notifications Required. In addition to complying with the requirements of Pennsylvania Act 187 of 1996, as amended, any person or firm to whom a permit has been issued shall notify the Southern Columbia Area School District and the Northumberland County 911 Center of any hard road closing. The notification shall be given to the Southern Columbia Area School District not less than 36 hours in advance of the commencement of the work. The notification to the County 911 Center shall occur immediately prior to the commencement of the work. The notification to both entities shall indicate the time, place and purpose of the street excavation. A similar notification shall be sent when the road is again passable.
6. 
Drainage Alterations.
A. 
Altering drainage is prohibited unless specifically authorized by the permit. The applicant shall not:
(1) 
Alter the existing drainage pattern or the existing flow of drainage water.
(2) 
Direct additional drainage or surface water toward, onto, or into or in any way affect the highway right-of-way or highway facilities. Additionally, the permit does not authorize the applicant to direct, divert or otherwise drain surface waters over the property of another property owner.
B. 
The permit does not relieve the applicant from acquiring the consent, permission or other authorization from a property owner who may be adversely affected by drainage alterations.
7. 
Equipment Damaging Highway.
A. 
To protect the pavement and shoulders, all equipment 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.
B. 
In the event that other than rubber equipped machinery is authorized for use, the pavement and shoulders shall be protected by the use of matting, wood or other suitable protective material having a minimum thickness of four inches.
C. 
If the equipment damages the pavement or shoulders, the applicant shall restore the pavement or shoulders to their former condition, at the applicant's expense.
[Ord. 50, 11/10/1981, § 4; as amended by Ord. 159, 9/13/2005]
1. 
Backfill and Temporary Restoration.
[Amended by Ord. No. 192, 7/14/2020]
A. 
It shall be the duty of any person, firm or corporation causing an opening or excavation to be made to thoroughly and completely backfill the same.
(1) 
All excavation and trenches shall be backfilled to the original ground surface or to grades specified. The backfill shall begin as soon as practical after the pipe or other construction has been placed and shall thereafter be carried on as rapidly as the protection of the balance of the work will permit. Depositing of the backfill shall be done in such a manner that the shock of falling material will not injure the pipe or adjacent structures. All excavation backfill shall be PennDOT-certified No. 2A coarse aggregate. Under no circumstance may the original backfill be utilized.
(2) 
Compaction of the backfill shall be done in lifts of uniform layers not to exceed eight inches in depth. Each lift shall be compacted over the full width of the excavated area. Backfill shall be compacted to 97% of its maximum dry density as measured using the standard proctor density test method.
(3) 
Special compaction shall be done around all valves, hydrants and other structures and utilities by the use of pneumatic tampers, plate tamper or plate vibrators, with lifts not to exceed eight inches in depth.
B. 
The applicant will temporarily pave the opening with flexible base paving immediately after backfill is complete and shall maintain said filled opening for a period not to exceed six months, by which time the opening shall be permanently restored. The applicant is responsible for providing a smooth riding surface at all times over the trench or opening and shall make required repairs as directed by the Roadmaster, Township Engineer or their designee.
C. 
At the end of excavation and backfill operations, the applicant shall provide temporary flexible base pavement restoration in accordance with the following:
(1) 
The temporary flexible base pavement shall consist of a minimum of three inches of bituminous concrete meeting the requirements of PennDOT Publication 408, as amended, or other base course material authorized by the Township or the Township's designated representative.
(2) 
The temporary flexible base pavement shall remain in place a minimum of 60 days prior to the placement of the final pavement restoration, unless otherwise specified in the permit.
D. 
At the end of the workday, an opening in the right-of-way shall be covered, backfilled or protected. If work is stopped on a project the applicant shall promptly backfill the opening and restore the surface, and work may not be resumed until the applicant is prepared to proceed with the work to its completion. If the applicant 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 applicant, where practicable, and shall be reimbursed for the costs by the applicant within 30 days after receipt of the Township's invoice.
E. 
In all cases, the contractor shall blade and compact the highway after the trench has been backfilled, so that it shall be passable to traffic at all times. The contractor shall maintain the roadway in a condition acceptable to the Township or the Township's designated representative at all times until final approval of the entire work by the Township or the Township's designated representative.
F. 
Temporary restoration includes the restoration of any curbing.
2. 
Permanent Restoration.
[Amended by Ord. 188, 7/11/2017; and by Ord. No. 192, 7/14/2020]
A. 
Final base and surface restoration. Final base and surface restoration of flexible base pavements shall be in accordance with the following:
(1) 
Prior to final restoration of the pavement, one foot outside of each edge of the opening or any damaged area shall be sawed the full depth of pavement in a neat straight line. If tear out or other pavement damage subsequently occurs, the line shall be resawn one foot beyond any damaged area. The detached material shall be removed without damaging the adjacent pavement. The use of a pavement breaker is prohibited. The applicant 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.
(2) 
Exposed vertical and horizontal surfaces shall be prepared under Section 401.3(g) of PennDOT Publication 408.
(3) 
The base course shall consist of Superpave 25.0 MM Base Course material, PG 64-22, 0.0 to 0.3 ESALs, meeting the requirements of Section 309 of Publication 408 or other base course material authorized by the Township. The base course material shall have a minimum depth of five inches or a depth equal to the existing base course, whichever is greater.
(4) 
The wearing course shall consist of Superpave 9.5 MM Wearing Course material, PG 64-22, 0.0 to 0.3 million ESALs, meeting the requirements of Section 409 of Publication 408. The wearing course shall have a minimum depth of 1 1/2 inches or a depth equal to the existing wearing course, whichever is greater.
B. 
Markings. All roadway or pavement markings are to be restored by the applicant.
C. 
Ongoing Obligations. It shall be the responsibility of the applicant to continue the maintenance of that repaired opening for the life of the street or until the Township resurfaces the street.
3. 
Additional Restoration Requirements. If the applicant opens any roadway pavement having a bituminous concrete surface, the applicant shall comply with the following requirements:
A. 
When a longitudinal opening longer than 10 feet and wider than three feet is made in the roadway pavement, the applicant shall overlay the entire traffic lane in which the opening was made for the entire length of the roadway that was opened, as directed by the Roadmaster, the Township Engineer or their designee.
B. 
When two or more transverse trench openings are made in the roadway pavement, less than 30 feet apart, the applicant maybe required to overlay all traffic lanes in which the openings were made for the entire length of the roadway between such openings, as directed by the Roadmaster, Township Engineer or their designee.
C. 
When five or more square-type openings have been made by the same applicant in the roadway pavement less than 50 feet apart, the applicant may be required to overlay all traffic lanes in which the openings were made, for the entire length of the roadway covering such openings, as directed by the Roadmaster, Township Engineer or their designee.
D. 
When two or more square-type openings are made within 10 feet of each other, the Roadmaster, Township Engineer or their designee may require the applicant to connect all holes and treat such as one opening.
E. 
When disturbed lanes adjacent to undisturbed lanes are overlayed, the edge of the disturbed lane shall be saw-cut to a depth of 1 1/2 inches for the length of the opening and the detached material removed, in order to ensure a smooth joint. A full-width overlay may be performed instead of saw-cutting and stripping the disturbed lane or lanes.
F. 
In the event any roadway pavement is disturbed within five years of the road being paved by the Township, the applicant shall overlay the entire roadway width, curb to curb, for the entire length of the roadway that was opened.
[Added by Ord. 188, 7/11/2017]
4. 
Clean Surface Requirement. Streets and alleys shall be kept free of mud, dust and aggregate material at all times. Sweeping shall occur as necessary.
5. 
Financial Security Agreements. When more than 2,000 square feet of roadway is disturbed, the Township may, at its sole discretion, require the applicant to execute a financial security agreement in an amount equal to 110% of the estimated restoration costs of the construction or reconstruction. If financial security is required, it shall be delivered to the Township or the Township's designated representative in a form and amount acceptable to the Township's Solicitor and shall guarantee restoration and maintenance of the highway for a period of at least two years after the acknowledged completion of the permitted work. The following documents are acceptable forms of financial security:
[Added by Ord. No. 192, 7/14/2020[1]]
A. 
An individual or blanket bond executed by the applicant and naming the Township as obligee.
B. 
An irrevocable letter of credit signed by a bank officer and naming the Township as sole beneficiary; to be honored on presentment.
C. 
An assignment of cause of action when authorized by the Township.
D. 
An escrow account in a form acceptable to the Township.
[1]
Editor's Note: This ordinance also repealed former Subsection 5, Restoration Bond.
6. 
Professional Fees. If the Township or the Township's designated representative anticipates that the cost of reviewing the required application information or inspecting the permitted work will exceed the permit application fees, the following additional fees shall be assessed:
[Added by Ord. No. 192, 7/14/2020[2]]
A. 
If the Township or the Township's designated representative determines that the permitted work is of sufficient magnitude or importance to warrant assignment of one or more persons to inspect the permitted work on a more than spot-inspection basis, the permit will so indicate, and the applicant shall be charged the inspection fee hourly rate incurred by the Township or the Township's designated representative for inspection.
B. 
The charges will be calculated either on an actual cost basis or a standard unit cost basis.
C. 
The Township or the Township's designated representative will provide an itemized invoice for additional fees due the Township.
D. 
All fees shall be paid in full prior to the start of work. In the event the fees are unknown or will occur after the issuance of the permit, the applicant shall escrow those items with the Township.
[2]
Editor's Note: This ordinance also repealed former Subsection 6, Engineering Fees.
7. 
Insurance.
[Added by Ord. No. 192, 7/14/2020[3]]
A. 
Contemporaneous with the submission of an application for a permit, the applicant shall submit to the Township or the Township's designated representative written evidence, satisfactory to the Township, of permanent public liability insurance in an amount of not less than $1,000,000. The same shall remain in full force and effect until 90 days after the date of the completion of the work for which the permit has been issued. The insurance will be in such form and with such company as shall be satisfactory to the Township. The Township shall be named as a coinsured, and the policy shall include a provision to indemnify and defend the Township.
B. 
In the event the applicant fails to provide written evidence of said insurance as required herein or fails to maintain the said insurance as required herein, the applicant shall cease all work, and the Township may exercise its rights under the financial security agreement to complete the work or take such action as is necessary to make the area of work safe or pay for liability insurance. The costs of any action taken by the Township shall be paid from the financial security required hereunder, or the same shall be collectible by the Township in the manner provided by law for collection of municipal claims. The applicant shall be responsible for all costs incurred but not paid from the financial security.
[3]
Editor's Note: This ordinance also repealed former Subsection 7, Notice of Completion..
[Ord. 50, 11/10/1981, § 5; as amended by Ord. No. 192, 7/14/2020]
Upon completion of the work authorized by the permit, the applicant shall give written notice thereof to the Township. Upon receipt of such notice, 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 it within 30 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.
[Ord. 50, 11/10/1981, § 6; as amended by Ord. 112, 6/11/1996, §§ 1, 2; and by Ord. 119, 4/14/1998]
Any person, firm or corporation who shall violate any provision of this Part, upon conviction thereof in an action brought before a District Justice in the manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure, shall be sentenced to pay a fine of not more than $1,000 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 90 days. Each day that a violation of this Part continues or each section of this Part which shall be found to have been violated shall constitute a separate offense.