[Adopted 3-23-1992 by Ord. No. 1992-3]
This article shall be known and referred to
as the "Road Ordinance of Lancaster Township."
This article is adopted pursuant to Section
1140.1 of the Second Class Township Code, 53 P.S. § 66140.1.[1]
[1]
Editor's Note: Former 53 P.S. § 66140.1
was repealed 11-9-1995 by P.L. 350, No. 60, § 1. See now
53 P.S. §§ 67316 to 67319.
All terms used or implied in this article shall have the meanings defined in Chapter 236, Subdivision and Land Development, as amended from time to time. Additionally, the following terms shall have the meanings set forth as follows:
The Board of Supervisors of Lancaster Township, Lancaster
County, Pennsylvania.
Any existing or proposed road, street, alley or public thoroughfare,
including, but not limited to, roads shown on a subdivision and land
development plan to be offered or dedicated to Lancaster Township
in the future as part of its road system.
The Engineer appointed by the Board of Supervisors of Lancaster
Township.
Prior to any construction or reconstruction, building, opening or dedication thereof, all plans for said road and/or drainage facilities shall be submitted to the Board and shall comply with the requirements and reflect the information required by those applicable provisions of Chapter 236, Subdivision and Land Development, as amended from time to time, and shall comply with the requirements and reflect the information required by this article and any other ordinance of Lancaster Township. In the event of a conflict between the provisions of this article and those of Chapter 236, Subdivision and Land Development, or of any other ordinance of Lancaster Township, the more-restrictive provisions shall control. All such plans shall show the typical street cross-section in accordance with the specifications attached to this article for reconstruction and the typical street cross-section of Chapter 236, Subdivision and Land Development, for all new construction in subdivisions and/or land developments.
Plans shall be prepared and processed in accordance with Chapter 236, Subdivision and Land Development.
The Board may designate the Township Engineer
to act on its behalf in the approval of all plans, the making of all
inspections and the granting of all approvals required by this article;
provided, however, that the formal acceptance of any street, and the
execution of any documents related thereto, is reserved for the Board.
All roads shall be constructed or reconstructed
in accordance with the following standards and specifications:
A.
All proposed right-of-way and cartway widths shall comply with the provisions of Chapter 236, Subdivision and Land Development, and any applicable ordinance of Lancaster Township, each as amended from time to time.
B.
In the case of reconstruction, adequate right-of-way
shall be provided commensurate with the proposed improvements and
to the satisfaction of the Board.
C.
All roads shall be constructed or reconstructed in
accordance with these specifications unless a waiver is granted by
the Board of Supervisors as adopted by resolution by the Board. Said
specifications shall control the method of construction or reconstruction
and types of materials used.
D.
Curb improvements. All concrete curb shall be constructed or reconstructed
in accordance with the specifications in this article.
[Amended 12-9-2019 by Ord. No. 2019-03]
(1)
All construction in proposed subdivision and land developments shall comply with the requirements of Chapter 236, Subdivision and Land Development.
(2)
Curb requirements.
(a)
All existing roads within the Township have been classified
in Appendix 1[1] of this article as arterial or collector roads. Curbing
requirements for all reconstruction shall comply with one of the following:
[1]
Arterial and collector roads: vertical curbs in accordance with applicable PennDOT roadway construction standards in the case of state roads and in accordance with the requirements of Chapter 236, Subdivision and Land Development, in the case of Township roads.
[2]
Local roads: slant curb in accordance with the requirements of Chapter 236, Subdivision and Land Development.
[3]
Any classification of road which currently has curb: replace
curb in like kind. The Supervisors of Lancaster Township reserve the
right to specify curb type where one or more types of curb exist along
a road segment or if other conditions exist which make one type of
curb more desirable than another.
[1]
Editor's Note: Appendix 1 is included as an attachment to this chapter.
E.
Street and road widening standards. Where a proposed
subdivision or land development (or the expansion of an existing subdivision
or land development, including a mobile home park) borders or has
direct access to an existing Township road, or where, because of the
nature of the proposed subdivision or land development, an existing
Township road will be overburdened or exposed to such increased traffic
that the same may, in the opinion of the Board of Supervisors, cause
the existing Township road to be damaged beyond normal wear and tear
or create a dangerous condition, the Board reserves the right to require
the landowner to improve (or to pay the cost of improving) the existing
Township road, including widening and curbing the same, so as to enable
said Township road to accommodate prospective increased traffic and
facilitate fire protection without causing damage beyond normal wear
and tear and without creating a dangerous condition. The Board of
Supervisors also reserves the right to require the landowner to dedicate
additional right-of-way to the Township where such additional right-of-way
is deemed necessary for safety, storm drainage, road maintenance or
utilities.
F.
Material certification.
(1)
All materials shall conform to PennDOT Specification
Publication 408, as amended or replaced from time to time.
(2)
Prior to the release of the financial security provided for in this article or in Chapter 236, Subdivision and Land Development, the Township may require the developer to provide a statement of certification from the contractor responsible for constructing or reconstructing the streets and drainage facilities that all construction conforms to Lancaster Township specifications. In addition, the developer or contractor shall submit written verification that all improvements permitted by PennDOT have been accepted by them.
G.
Street signs. Street name signs shall be installed
at all intersections, and their design shall be approved by the Township.
All signing shall identify both intersecting streets. Regulatory and
traffic control signs shall be installed, at the sole expense of the
developer, at all locations identified by a traffic circulation study
prepared by the developer and deemed appropriate by the Board and
shall conform to Township specifications. In the event an ordinance
is required in order to impose speed, stop, parking or other traffic
controls, the developer shall pay all the reasonable costs associated
therewith, including, without limitation, attorneys' and consultants'
expenses.
H.
State highways. All streets intersecting a state highway
shall be subject to the approval of the Pennsylvania Department of
Transportation.
Notwithstanding the provisions of § 231-28 of this article, the Board may require and may alter the method of construction or reconstruction, type of construction or reconstruction and/or require the utilization of any specific alternate where the physical characteristics of the land indicate that an alternative method is preferable, where the roads or drainage facilities are to be constructed in a commercial or industrial area, or where an existing Township road is being relocated at the request and expense of the developer.
A.
No plan application shall be finally approved unless:
(1)
The streets, bikeways, sidewalks, walkways, curbs, gutters, streetlights, storm drains and other improvements as required by the Board have been installed in accordance with this article in the case of reconstruction or in accordance with Chapter 236, Subdivision and Land Development, in the case of all construction proposed within a subdivision or land development; or
B.
During construction, the surface of all areas, including,
but not limited to, Township roads, streets, and driveways, shall
be maintained on a daily basis to produce a safe and desirable condition.
Streets shall be kept free of dust, mud, stones, asphalt, and debris
caused by or related to the work. The contractor, in the case of reconstruction,
and the developer, in the case of work associated with a subdivision
or land development, shall be responsible for ensuring that all streets
are kept clean of debris caused by or related to the work. The Township
or its representative may use funds held as financial security in
an amount sufficient to cover the cleanup activity if this work is
not performed by the contractor or developer in a manner reasonably
satisfactory to the Township.
A.
This section describes the minimum construction inspection
required for all projects. The level of construction inspection shall
be commensurate with the type of improvements which are proposed.
B.
At the time of initiation of construction or reconstruction, the developer shall notify Township officials so that they may schedule the appropriate road, street or drainage facility inspections during construction. The Township shall be notified, in writing, at least three days in advance of the intended date of construction or reconstruction of the base so that the subgrade may be inspected. At the time of this inspection, the subgrade should be proof-rolled and the proposed crown and grade should be checked. It is recommended that a developer's/contractor's representative accompany the observer when crown and grade are checked. Proof-rolling should be performed with a fully loaded, tandem-axle dump truck. This inspection must occur prior to any stone subbase being placed. In the event that more than seven days elapses between the time of preparation of the subgrade and the installation of the base, or if weather conditions occur between the time of preparation of the subgrade or any inspection thereof and the installation of the base, even if less than seven days, which might reasonably affect the subgrade, the Township shall inspect or reinspect prior to installation of the base. The Township shall be notified at least two days in advance of the intended date of construction or reconstruction of the paved surface so that the base course may be inspected. At the time of this inspection, the depth of subbase should be checked after compaction, the subbase should be proof-rolled in the same manner as the subgrade and the crown and grade should be checked again. This inspection must occur prior to any binder or base course being placed. If more than six weeks elapses between the date of inspection of the constructed base course and the construction or reconstruction of the paved surface, a reinspection shall be required prior to the construction of the paved surface. At the time of this inspection, the depth of the binder/base course should be checked, ambient temperature should be monitored (this is important in early spring and late fall days when the temperature can go below acceptable limits), the temperature of the bituminous materials should be checked (if possible), and it is recommended that copies of the weight slips for each truckload be obtained. The crown and grade shall also be checked again. This inspection must occur prior to the wearing course being placed. At the time of this inspection, the guidelines for the placement and compaction of the binder/base course shall be followed. Upon completion of construction or reconstruction, the Township shall be notified so that the finished road may be inspected. Following any inspection made, the Township shall provide a report of inspection to the developer in writing within 48 hours. Irrespective of the results of inspection, any road or drainage facility shall not be deemed accepted for dedication until compliance with the provisions of § 231-35.
C.
If, after final inspection is made, deficiencies in
the method of construction or reconstruction are determined, the deficient
work shall immediately be corrected by the developer. Lancaster Township,
at the developer's expense, may require tests of the road to determine
whether the road complies in all respects with the approved plans,
as modified, if applicable.
D.
The undertaking of periodic inspections by the Township
shall not be construed as an acceptance of the work during construction
or reconstruction or as a final inspection of the construction or
reconstruction.
All roads and drainage facilities shall be constructed
or reconstructed in strict accordance with the approved plans, and
no changes shall be effectuated unless the same receive the written
authorization of the Board. Notwithstanding the provisions of this
section, the Board may require changes during the construction or
reconstruction stage where on-site conditions, in the opinion of the
Board, or its duly designated representative, reasonably indicate
that the adverse effect of stormwater runoff and/or the adverse effect
to the roadbed and/or road surface may be minimized by such changes.
The Township may limit the time or times within which construction
may occur if the temperature or weather conditions create the reasonable
probability that the construction or installation of the facilities
will be adversely affected thereby.
At such time as the construction or reconstruction
of the road is found to meet all requirements of this article and
the approved plans, as modified, if applicable, the developer, prior
to offering the road for dedication, shall submit to the Board a Mylar
as-built plan of the road and any stormwater drainage facilities,
which shall form a part of the permanent records of the Township.
The plan shall be prepared by using the approved final plan as a base
plan and shall be made available to the Township prior to the final
inspection of the project.
[Amended 4-14-2014 by Ord. No. 2014-01]
A.
In accordance
with Article XXIV of the Second Class Township Code, landowners are
responsible for keeping all public sidewalks in repair within the
lands of such owner. In this article, "repair" means patching broken
sidewalk panels and replacing sidewalk panels which are vertically
or horizontally displaced and includes removal of snow, ice, and debris.
B.
It shall
be the duty of all tenants or occupants of occupied properties, and
the landowners or agents in charge of unoccupied properties abutting
on public streets in Lancaster Township, 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 cinders, sawdust,
or similar snow and ice control materials in the event of ice and
sleet. Such pathway shall not be less than 24 inches in width and
shall be thoroughly cleared of snow and ice or covered with cinders,
sawdust, or similar snow and ice control materials. Where snow and
ice are removed from the pathway, they may be placed or piled on the
curb side of the sidewalk, but they shall not be piled or placed in
the gutter or the cartway.
Refer to Chapter 236, Subdivision and Land Development, for dedication requirements.
The Township shall be reimbursed by the landowner
or developer for all reasonable expenses incurred by the Township
for review of the plan and any reports, supporting plans, supporting
data, proposed agreements relating to the maintenance of improvements
or open space, deeds of dedication, plans for roads and similar documents
and for inspection of the road, street, drainage or other facility
intended for the benefit of the public. Such expenses shall include
any actual fees charged by the Township Engineer, the Township Solicitor
and other professional consultants for the services performed and
the actual cost to the Township. In some circumstances, the review
of plans or other documents and inspection of improvements may be
performed by personnel employed by the Township instead of by the
Township Engineer, Township Solicitor or other professional consultants.
If those reviews or inspections are performed by Township personnel,
the developer or landowner shall reimburse the Township for all reasonable
and necessary charges incurred by the Township for work specifically
involving such land development plan or other project. When those
reviews or inspections are performed by Township personnel, the fee
shall be $25 per hour. A minimum charge of $25 per hour per person
will be billed for the first hour or any portion thereof. Any time
in excess of one hour shall be billed at the same rate on a proportional
basis. This charge shall be revised to reflect changes in the cost
to the Township of utilizing Township personnel to perform such reviews
or inspections.
If the developer or landowner disputes the amount
of any review or inspection fee, the developer or landowner shall,
within 10 working days of the billing date, notify the Township Secretary
in writing that such fees are disputed as unreasonable or unnecessary,
in which case the Township shall not delay or disapprove any approval
or permit relating to the land development due to the developer's
or landowner's dispute of the fees. Disputes shall be resolved as
follows:
A.
If, within 20 days of the date of billing, the Township
and the landowner or developer cannot agree on the amount of the expenses
which are reasonable and necessary, then the Township and the developer
or landowner shall jointly, by mutual agreement, appoint another professional
engineer, if the fee involves the engineer's fees, or another consultant,
if the fee involves another consultant's fees, to review such charges
and expenses and make a determination as to the amount thereof which
is reasonable and necessary.
B.
The professional engineer or other consultants so
appointed shall hear such evidence and review such documentation as
to the professional engineer or other consultant, in his or her discretion,
is deemed necessary and render a decision within 50 days of the billing
date. The developer or landowner shall pay the entire amount determined
in the decision immediately.
C.
The fee of the professional engineer or professional
consultant for determining the reasonable and necessary expenses shall
be paid by the developer or landowner if the amount of payment required
in the decision is equal to or greater than the original bill. If
the amount of payment required is less than the original bill by $1,000
or more, the Township shall pay the fee of the professional engineer
or other consultant. In all other situations, the Township and developer
or landowner shall each pay 1/2 the fee of the professional engineer
or other consultants.
Any person, firm, or corporation, or the members
of such firm or the officers of such corporation, who or which shall
violate any provision of this article shall, upon conviction thereof,
be sentenced to pay a fine of not less than $50 nor more than $600
and/or to imprisonment for a term not to exceed 30 days. Every day
that a violation of this article continues shall constitute a separate
offense. All fines collected for the violation of this article shall
be paid to the Treasurer of the Township for the general use of the
Township. The Township need not accept any roads or drainage facility
from any developer who has been found guilty of violation of this
article by a court of this commonwealth, whether of record or not
of record, as to whom there remains unpaid any penalty or costs for
such violation.
In addition to all other remedies, any continued
violation of this article may be abated by proceeding against the
violator in a court of equity for relief.
