[HISTORY: Adopted by the Board of Supervisors
of the Township of Willistown as indicated in article histories. Amendments
noted where applicable.]
GENERAL REFERENCES
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.
[Amended 5-28-2019 by Ord. No. 2-2019]
Not more than two driveways or vehicle points of access shall
be permitted to any single property, tract or business establishment.
Lots with frontages of 150 feet or less shall be limited to one driveway
or vehicle point of access.
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.
A.
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:
(1)
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.
(2)
Automobile bodily injury liability insurance of not less than $500,000
each person; $500,000 each occurrence.
(3)
Statutory workman's compensation and employer's liability
insurance.
B.
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.
