[Adopted 5-7-1974 by Ord. No. 3-74]
[1]
Editor's Note: Former Art. I, Street openings, adopted
5-7-1974 by Ord. No. 3-74, as amended, was superseded 3-7-2005 by
Ord. No. 2-2005. See now Part 2, Pave cuts.
[Adopted 9-2-1986 by Ord. No. 2-86]
This article is enacted for the purpose of creating conditions
favorable to health, safety, morals and general welfare of the inhabitants
of Bear Creek Township by regulating and prohibiting the opening,
construction or dedication for public use or travel of any road, street,
lane or alley, or any drainage facilities in connection therewith,
except in accordance with plans submitted and approved by the Township
Supervisors.
The provisions of this article shall be held to the minimum
requirements for the promotion of the above purposes. Where the provisions
of this article impose greater restrictions than those of any other
ordinance or regulation, the provisions of this article shall be controlling.
Where the provisions of any other ordinance or regulation impose greater
restrictions than this article, the provisions of such other ordinance
or regulation shall be controlling. This article is an update and
a revision of the 1958 Bear Creek Township Road Ordinance.
This article shall be known and may be cited as the "Bear Creek
Township Road Ordinance of 1986."
As used in this article, words expressed in the singular include
their plural meanings, and words expressed in the plural include their
singular meanings. The word "persons" includes a corporation, its
responsible officers, an unincorporated association and a copartnership,
as well as an individual. The word "street" is used generically and
shall be construed as if followed by the phrase "or part thereof."
The term "watercourse" includes "drainage ditch" and "stream." The
word "may" is permissive; and the words "shall" and "will" are mandatory.
The following words and phrases as used in this article shall
have the meanings indicated below, except when such meanings are clearly
out of context:
The flow of water or liquid waste and the methods of directing
such flow, whether natural or artificial.
A right granted for the use of private land for certain public
or quasi-public purposes; also the land to which such a right pertains.
A strip of land which is intended primarily as a means of
vehicular and pedestrian circulation which may also be used as a space
for sewers, public utilities, shade trees and sidewalks.
No person shall construct or dedicate any road, street, lane
or alley, or drainage facilities in connection therewith, for public
use or travel in the Bear Creek Township, except in strict accordance
with these rules and regulations and without first submitting plans
therefor to the Township Supervisors for their approval, and no road,
street, lane or alley, nor sewer or drainage facilities in connection
therewith, shall be opened, laid or constructed except in strict accordance
with the plans approved by the Township Supervisors.
Such plans shall show:
A.
Proposed roads, showing grades, cuts and fills.
[Amended 8-1-1995 by Ord. No. 1-95]
B.
Course, structure and capacity of all drainage facilities, indicating
the method of drainage of adjacent or contiguous territory.
C.
Cross-sections of paving, indicating depth and type of each course.
D.
Names of all roads.
E.
Road widths.
F.
Locations of all existing or proposed gas, water, electric and other
mains, pipes and conduits.
G.
All other improvements or utilities to be installed or erected thereon.
H.
Curbs along the various roads and cross-sections thereof, where required
by the Board of Supervisors, showing the dimensions of said curbs.
I.
Sidewalks, where required by the Board of Supervisors, and cross-sections
thereof, showing the dimensions of said sidewalks and the subgrades
thereof when such subgrade is required by the Board of Supervisors.
J.
Any other details that may be required by any rules or regulations
adopted or to be adopted by the said Board of Supervisors.
All roads, curbs (when curbs shall be required) and sidewalks
(when sidewalks shall be required) shall be laid, constructed, installed
or improved in accordance with the specifications and construction
methods as follows:
A.
All roads and streets shall have a right-of-way width of not less
than 50 feet.
B.
The paved roadway or cartway shall be three inches deep and 18 feet
wide, so constructed and laid out as to be centered within the street
right-of-way. The roadway surface shall be crowned conforming to a
straight slope of 1/4 inch per foot downward and outward from the
established center-line grade.
C.
The paved roadway or cartway shall be bounded, when required, on
the sides by plain cement concrete curb. The flow line or gutter line
shall be placed 13 feet to each side of the center line of the street.
D.
Sidewalks shall be constructed, when so stipulated by the Township
Supervisors, within the right-of-way of the road or street and so
located that the outside edge of the sidewalks shall be one foot from
the property line or right-of-way line of the street. The entire sidewalk
area from the face of the curb shall slope outward and upward to the
right-of-way line at the rate of 1/4 inch per foot.
E.
All roads and streets which connect with existing roads and streets
so as to form continuances of extensions thereof shall be not less
in width than such existing roads and streets, unless otherwise permitted
by the Township Supervisors. This stipulation also governs the paved
cartway widths or clear roadway widths. Clear roadways with names
of proposed roads and streets shall not conflict with the names of
existing roads and streets and shall agree with the names of existing
roads and streets with which they connect as extensions thereof.
F.
Grading requirements for roads and streets.
(1)
Description. All grading requirements shall be in accordance with
current Pennsylvania Department of Transportation (PennDOT) practices.
(2)
Construction methods. All construction methods with regard to clearing
and grubbing, excavation, embankment, placing and rolling and subgrading
will be in accordance and in conformity with current PennDOT practices,
and all construction must conform to current PennDOT methods. See
Section 4 under Publication No. 408.
H.
Bituminous surface courses. Either of the two following bituminous
surface courses constructed to a depth of three inches shall be specified
by the Township Supervisors at the time of submittal of plans or at
the time of construction.
(2)
Bituminous surface course CP-2/FBI. This surface course shall be
composed of crushed aggregate, either stone, gravel or slag, penetrated
with bituminous binder (cold application), dragged and bladed as required
to produce thorough coating of the aggregate. This surface shall be
a thickness of three inches after compression under the roller before
application of the seal coat. The construction of this surface course
shall conform to current Pennsylvania Department of Highways specifications
Form 408/1983 and Sections 439-440-480 attached.[2]
[2]
Editor's Note: Said standards are on file in the office
of the Township Secretary.
I.
Plain cement concrete curb and right-of-way.
(1)
Description. Curbs will meet current PennDOT standards.
(2)
Plantings. Owners will be responsible for all trees and bushes planted
in right-of-way areas after enactment of this article.
(3)
Seasonal limits. Concrete should not be poured on a frozen or thawing
subgrade or during unfavorable weather conditions or when the temperature
is 38° F. and falling.
J.
Sidewalks: four-inch Portland cement concrete. This item shall consist
of sidewalks four inches in depth, constructed of one course Portland
cement concrete in accordance with standard construction specifications.
All plans, together with an application for the approval thereof,
shall be filed in duplicate with the Township Secretary at least 10
days prior to the regular meeting of the Board of Supervisors at which
it is desired that such plans be considered.
The Township Supervisors reserve the right to specify such alterations,
changes or modifications of plans as they deem necessary and may make
approval of such plans subject to such alterations, changes or modifications.
The applicant may submit preliminary plans to the Board of Supervisors
for their study, criticism and suggestions. Prior to taking action
on any plans, the Board of Supervisors may hold a public hearing thereon,
after giving such notice as they deem desirable in each case. No approval
of plans by the Board of Supervisors shall obligate or require the
Township to construct, reconstruct, maintain, repair or grade roads
indicated thereon.
All plans, when approved, shall be signed in duplicate on behalf
of the Township by the Board of Supervisors, and an approved duplicate
copy shall be filed with the Township Secretary, who shall make the
same available for public inspection.
Before final approval of any plans, the applicant shall enter
into a contract with the Bear Creek Township in which the applicant
shall agree to perform the work described in the plans in strict accordance
with the plans as finally approved by the Board of Supervisors and
in strict accordance with the rules and regulations of the Board of
Supervisors governing the opening and construction of roads, streets,
sidewalks, curbs and drainage facilities and to pay all reasonable
engineering, inspection and attorneys' fees and costs incurred
by the Township by reason of the approval of any such plans and the
opening, constructing and dedicating of the roads shown on such plans
and by reason of any other matters which might grow out of such approval,
opening, construction and dedication.
Prior to commencing work on any road, street, curb, sidewalk
or drainage facilities shown on any plans, the applicant shall post
with the Bear Creek Township a performance bond in an amount and with
corporate surety satisfactory to the Board of Supervisors, said bond
to be conditioned upon the construction of the roads, streets, curbs,
sidewalks and drainage facilities in strict accordance with the provisions
of the contract between the applicant and the Bear Creek Township.
The applicant shall also post a bond with the Bear Creek Township
in such amount and with such corporate surety as shall be satisfactory
to the Board of Supervisors, said bond to be conditioned upon the
repair and reconstruction, by the applicant, of the roads, streets,
sidewalks, curbs and drainage facilities, or any parts thereof, for
and during a period of one year after dedication of the same has been
accepted by the Township, whenever such repair or reconstruction has
been specified of the aforesaid bonds. The applicant may deposit cash
to guarantee performance of its aforesaid obligations upon an escrow
agreement and with an escrow agent approved by the Board of Supervisors.
If any road or any drainage facilities in connection therewith
shall be opened, constructed or dedicated for public use or travel
except in strict accordance with plans approved and recorded in accordance
with the provisions of this article, neither the Township Supervisors
nor any public authorities shall place, construct or operate any sewer,
drain, water pipe or other facilities or do any work of any kind in
or upon such road, and neither the Township Supervisors nor any other
public authorities shall have any responsibility of any kind with
respect to any such road or drainage facilities, notwithstanding any
use of the same by the public; provided, however, that nothing herein
contained shall prevent the laying of trunk sewers, drains or water
or gas mains if required by engineering necessity for the accommodations
of other territory.
When the roads, streets, curbs, sidewalks and drainage facilities
have been constructed in accordance with the provisions of this article,
the Township will accept dedication of the same in such manner as
may be lawful and proper under the provisions of the Second Class
Township Code; provided, however, that no drainage facilities will
be accepted by the Township unless they are accompanied by deeds or
easements to the Township sufficient to enable the Township to inspect,
repair and reconstruct any such drainage facilities. All roads accepted
after December 31, 1985, will have the owner responsible for maintenance
one year after acceptance.
Nothing contained in this article shall be held to restrict
or limit the State Department of Highways of Luzerne County in the
exercise of their duties, powers and functions.
Any person, copartnership or corporation who or which shall
construct, open or dedicate any road, or any drainage facilities in
connection therewith, for public use or travel in the Township without
having first complied with the provisions of § 1140 of the
Second Class Township Code[1] and the provisions of this article shall be guilty of
a misdemeanor, and, upon conviction thereof, such person or the members
of such copartnership or the officers of such corporation responsible
for such violation shall be sentenced to suffer imprisonment for not
exceeding two years or pay a fine not exceeding $1,000, or both, in
the discretion of the court.
[1]
Editor's Note: 53 P.S. § 66140.1 was deleted
11-9-1995 by P.L. 350, No. 60.
