Township of Upper Providence, PA
Delaware County
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Table of Contents
Table of Contents
GENERAL REFERENCES
Street excavations and obstructions — See Ch. 1020.
Streets in subdivisions — See Ch. 1230, and Part Twelve, Title Four, Appendix A.
Sidewalks in subdivisions — See Ch. 1230.
Streets and sidewalks in mobile home parks — See Ch. 1232.
[Ord. No. 191, passed 5-11-1989]
This chapter shall be known and cited as the "Streets and Sidewalks Ordinance of the Township of Upper Providence."
[Ord. No. 191, passed 5-11-1989]
(a) 
All matters concerning the construction, placing, opening, breaking, excavation, repair or alteration of any highway, street, curb, gutter or sidewalk, and their appurtenant structures, shall be considered within the scope of this chapter.
(b) 
No highway, street, curb, gutter or sidewalk shall be constructed, placed, opened, broken, excavated, repaired or altered within the Township except in conformity with the provisions of this chapter and any rules promulgated under the provisions of this chapter, these Codified Ordinances and the Acts of Assembly of the Commonwealth of Pennsylvania and any rules promulgated thereunder.
(c) 
No highway, street, curb, gutter, sidewalk or part thereof, already existing or hereafter to be constructed in the Township, shall be altered in any manner that would violate any of the provisions hereof or any rule promulgated hereunder.
(d) 
No driveway or other private access shall be connected or opened upon a street, highway or other public right of way in the Township after the effective date of this chapter, except in conformity with this chapter.
[Ord. No. 191, passed 5-11-1989]
The Township Engineer or his or her designee and the Public Works Superintendent are authorized to inspect the highways, streets, curbs, gutters and sidewalks within the Township and shall be authorized, upon consultation with the Township Secretary, to order the necessary repairs as hereinafter outlined in this chapter.
[Ord. No. 191, passed 5-11-1989]
All owners of property abutting upon the highways and streets of the Township are hereby required to keep the gutters, curbs and sidewalks in front of, along or upon the premises or lots owned by them in good order and repair and at all times to keep level with said sidewalks all water, gas, sewer or drain stop boxes or vent boxes and to keep said sidewalks at all times free and clear from obstruction to safe and convenient passage.
[Ord. No. 238, passed 7-9-1992]
The Township requires that owners who make repairs to their sidewalks and curbs comply with the standards set forth in the Pennsylvania Department of Transportation Construction Standard RC-67 in the location and construction of wheelchair access points to sidewalks.
[Ord. No. 191, passed 5-11-1989]
Upon certification of the Township Engineer to the Township Secretary, in writing, upon a form prescribed by the Township Council, the Secretary shall notify the last known property owner to construct or repair any curb, gutter or sidewalk or to remove any obstruction therefrom within 60 days of the date of said notice. The property owner has a right to appeal this determination to the Township Council within 60 days of the date of the notice. In the event of the failure of the owner to construct, make repairs or timely appeal the notice, the Township Engineer, any time after sixtieth day following said notice, shall order and cause such curb, gutter or sidewalk to be repaired or any obstruction to be removed, and the cost and expense thereof shall be charged against said property owner in accordance with Section 1020.06.
[Ord. No. 191, passed 5-11-1989]
(a) 
Upon certification of the Township Engineer or Public Works Superintendent of the completion of any work ordered pursuant to Section 1020.05, the Township Secretary shall bill the property owner the entire expense or cost thereof, including, but not limited to, design, administrative, construction and inspection costs in the quantities and amounts as certified by the Township Engineer or Public Works Superintendent, together with an overhead cost of 10% thereon, by registered mail, upon a form prescribed by the Township Council.
(b) 
Upon failure to pay such bill within 60 days after the date thereof, the same shall be collected from said property owner(s) in the manner prescribed by law and the Township Solicitor shall place a Municipal lien upon said property.
(c) 
Any property owner may, within the prescribed sixty-day period, authorize the Township Council to proceed with the work order and pay for said work as stated herein.
[Ord. No. 191, passed 5-11-1989]
The Township Manager and Public Works Superintendent shall be authorized to make necessary emergency repairs upon 48 hours notice when the public safety or health is endangered. Such repairs shall be assessed as stated in Section 1020.06.
[Ord. No. 191, passed 5-11-1989]
(a) 
No highway, street, curb, gutter or sidewalk shall be constructed, placed, repaired or altered by any person, firm, association or corporation without a permit for the same first having been secured as provided in this chapter.
(b) 
No portion of any highway, street, curb, gutter or sidewalk shall be opened, broken or excavated by any person, firm, association or corporation for the purpose of laying pipes, sewers, drains or electric conduits of any description, or for making connections therewith or repairs thereto, or for the setting or planting of telegraph, telephone, electric light or other poles on or along said highway, street, curb, gutter or sidewalk, or for repairs thereto or renewals thereof, or for any other purpose, nor shall tunnelling under or undercutting of highways, streets, curbs, gutters and sidewalks be permitted without a permit for same first having been secured as provided in this chapter.
(c) 
No railroad or street railway shall hereafter be constructed upon any Township road, nor shall any railroad or street railway crossing, nor any other obstruction, be erected upon or in any portion of any highway or street within the Township without a permit for the same having first been secured as provided in this chapter.
(d) 
No driveway or other private access shall be connected or opened upon a street, highway or other public right of way in the Township after the date of this chapter without a permit for the same first having been secured as provided in this chapter.
[Ord. No. 191, passed 5-11-1989]
(a) 
Application for a permit shall be made in writing, on a form approved by the Township Council, and shall be filed in triplicate with the Township Secretary. The application shall set forth the purposes of the applicable proposed activity under Section 1020.08, and shall be accompanied by the required fee, any security required, and three copies of sketch plans and profiles showing such dimensions and portion(s) of the highway to be occupied, right-of-way lines, and such other information as may be required by the Township Engineer.
(b) 
The application shall likewise set forth that the applicant agrees to do all of the work to the satisfaction of the Township Engineer and that the applicant agrees to assume all liability for any and all damages accruing to the public or to the Township, which may result from the work to be done by the applicant and to indemnify and hold harmless the Township from any liability caused by the applicant's construction or repairs.
(c) 
The application must be signed by the owners of the property for whom such work is to be done or by any person, firm, association or corporation serving as general contractor for the performance of said work.
[Ord. No. 191, passed 5-11-1989]
Fees for permits required under this chapter shall be as determined by the Township Council by resolution and shall be on file in the office of the Township Secretary.
[Ord. No. 191, passed 5-11-1989]
No application for permit under this chapter shall be approved for construction or repair of streets and adjacent areas dedicated to the Township or intended to be dedicated to the Township unless the applicant has posted financial security for completion of the work for which the permit is sought as provided herein. Such financial security shall be posted with a bonding company or Federal or Commonwealth chartered lending institution authorized to conduct such business within the Commonwealth of Pennsylvania. Irrevocable letters of credit and restrictive or escrow accounts in such lending institutions shall be deemed acceptable financial security for the purposes of this section. The amount of such financial security shall be equal to 110% of the cost of completion of the work, including restoration of all disturbed areas within the public right of way, including, without limitation, the restoration of highways, streets, driveways, curbs, gutters and sidewalks to Township standards as estimated or confirmed by the Township Engineer. Unless extended by the Township Engineer for good cause shown, all work shall be completed by the applicant within 60 days of the application approval date.
The Township Council shall require the continuing posting of the financial security to secure structural integrity of said work and/or improvements arising therefrom as well as the functioning of said work and/or improvements in accordance with the Township standard for a term not to exceed six months from the date of acceptance of the construction work.
Prior to issuing the permit, the applicant shall enter into a construction work agreement and a security agreement with the Township in a form acceptable to the Township Solicitor. Upon compliance with this chapter, including the execution of the agreements and payment of the required fees, the Township Secretary is authorized to execute the above agreements on behalf of the Township and issue the permit.
When the applicant has completed the work, the applicant shall notify the Township Secretary, in writing, of completion, and shall send a copy thereof to the Township Engineer. The Township Engineer shall inspect the work and shall file a report, in writing, within 30 days after receipt of the applicant's notification of completion. The report shall indicate approval or rejection of the work done, either in whole or in part. If said work, or any portion thereof, shall not be approved by the Township Engineer, the report shall contain a statement of reasons for such non-approval. The Township Council will review the Township Engineer's report at the next meeting of Township Council after receipt of the Township Engineer's report and take action thereon. The Township Council shall thereafter notify the applicant of the action of the Township Council relative thereto. If any portion of the work shall not be approved or shall be rejected by the Township Council the applicant shall proceed to complete the same, and, upon completion, the same procedure of notification as outlined herein shall be followed.
The applicant shall reimburse the Township for the expenses incurred for inspection of the work and preparation of the construction agreement and security agreement. Such reimbursement shall be based upon a schedule established by the Township Council by resolution from time to time. In the event that any improvements arising from any work have been improperly installed or are not in accord with Township standards, and any deficiency has not been cured by the applicant within 15 days of notice from Township Council the Township Council shall enforce any corporate bond or other security by appropriate legal and equitable means. If the proceeds of such bond or other security are insufficient to pay the cost of installing or making repairs or corrections as necessary, the Township Council shall complete the work and may institute appropriate legal or equitable action to recover the monies necessary to complete the remainder of the improvements.
[Ord. No. 191, passed 5-11-1989]
(a) 
Application for a permit for the construction, placing, opening, breaking, excavation, repair or alteration of any highway, street, curb, gutter or sidewalk and for an application to connect or open a driveway upon a highway or street, shall be subject to the approval of, and shall be made upon such terms and conditions as may be imposed by the Township Engineer.
(b) 
The Township Engineer shall approve all lines and grades for any work. Such work shall not be commenced without such approval. All applications shall contain a plan and profile of the proposed work. Upon receipt of any application, the Township Secretary shall authorize the Township Engineer to establish the lines and grades thereof.
(c) 
All curbs and sidewalks shall be constructed in accordance with Township standard specifications. The Township Council upon advice of the Township Engineer may permit a variance from the standards for good cause shown.
(d) 
All driveways connecting an opening upon a highway, street or other public right of way after the date of this chapter shall be constructed in accordance with the standards as set forth in PennDOT Publication Number 70, Guidelines for Design of Local Roads and Streets, as may be amended from time to time.
[Ord. No. 191, passed 5-11-1989]
A permit shall be issued to the applicant after all the aforementioned requirements have been filed and all prescribed fees and costs are paid.
[Ord. No. 191, passed 5-11-1989]
Any permit issued by the Secretary of the Township Council shall be valid for a period of 30 days from the date of issue. If work is not commenced within 30 days and diligently pursued until completion, such permit shall, at the expiration of said 30 days, become null and void without any refund being made therefor. Thereafter, a new permit shall be required in the event that it is desired to proceed with the work contemplated in the voided permit. As provided in Section 1020.11, all work shall be completed by the applicant within 60 days of approval of the application for a permit unless extended by the Township Engineer for good cause shown.
[Ord. No. 191, passed 5-11-1989]
It shall be the duty of the person, firm, association or corporation to whom the permit has been granted to protect all openings, materials and obstructions of any kind in or on a highway or sidewalk by use of appropriate danger signals which shall be kept lighted from sunset to sunrise and by such fences, barricades or other protective devices as may properly protect the public as approved by the Township Engineer.
[Ord. No. 191, passed 5-11-1989; amended 7-14-2016 by Ord. No. 495]
(a) 
All openings, excavations or breaks shall be filled immediately with suitable materials in all respects satisfactory to the Township Engineer, and any sidewalk, curb and gutter shall be replaced with the same type of paving as existed prior to the work undertaken, unless otherwise approved by the Township Engineer. All work shall be done to the satisfaction of the Township Engineer and in accordance with all Township and PennDOT standards and specifications, as set forth in PennDOT Publication Number 70, Guidelines for Design of Local Roads and Streets, as may be amended from time to time.
(b) 
Any person who shall make an opening or excavation in any highway in the Township of Upper Providence shall perform all such opening or excavation work and the restoration work required hereunder in accordance with the standards and provisions set forth in 67 Pa. Code § 459.8, as amended. Likewise, any aboveground construction shall be performed in accordance with 67 Pa. Code § 459.9. All references in the foregoing Code sections to the "District Office, the Department of Transportation" or similar references shall be deemed to be references to the Township of Upper Providence.
(c) 
In addition to the foregoing work standards, the Township Engineer shall be entitled to promulgate rules and regulations governing the opening, excavation, refilling, resurfacing and repaving of highways in the Township of Upper Providence, and after the same have been approved by the Council of Upper Providence Township and entered upon the minutes of Council, any work to be done or performed by any applicant or permitted governed by the terms of this article shall be done in compliance with such rules and regulations. Copies of said rules and regulations shall be furnished to any person making application hereunder.
(d) 
If and to the extent that any person shall open or excavate any portion of a highway in a manner which results in 20 linear feet or more of such highway being excavated on one side of the highway only, then such person shall be required to repave the highway the full length of the excavation from the center line of the highway to the curb or edge of highway where no curb exists on the side of the highway on which the excavation occurred; or in a manner which results in 20 linear feet or more of highway being excavated and such excavation occurs on both sides of the highway, then such person shall be required to repave the highway the full length of the excavation from curb to curb or edge of highway to edge of highway where no curb exists.
(e) 
Whenever excavations are less than six feet apart, restorations must include all trenches together in accordance with regulations.
(f) 
Restoration work must be completed as soon as possible following completion of the work for which the digging or excavation was performed, and in all cases temporary restoration work shall be completed no later than 24 hours after such underlying work is completed and permanent restoration work shall be completed no later than 90 days after such underlying work is completed. Each day that such excavation work is not competed in compliance with these timing requirements shall be considered a separate offense and violation of this chapter.
[Ord. No. 191, passed 5-11-1989]
Whenever the exigencies of public health or safety require that instant repairs be made and the procurement of a permit prior to the commencement of the work is impracticable, it shall be lawful for said work to begin without a permit, provided that an application for said permit is filed and the proper fee paid therefor within 48 hours from the time when the emergency arose, which application shall set forth the nature of the exigency aforesaid, and provided, further, that any person or persons, firm, association or corporation beginning said work under this section shall do so subject to the conditions and obligations imposed by this chapter upon persons, firms, associations or corporations constructing, placing, opening, breaking, excavating, repairing or altering any highway, street, curb, gutter or sidewalk, as though an application for a permit had been filed.
[Added 6-12-2014 by Ord. No. 483]
(a) 
Snow removal; terminology.
(1) 
Every owner, occupant and/or tenant of any property which abuts a sidewalk or public walkway in the Township of Upper Providence shall remove or cause to be removed all snow from that sidewalk or walkway within 24 hours after the national or local weather service determines that the major accumulation of a storm has ended. The pathway shall be cleared and a pathway with a minimum width of three feet shall be created. If the owner, occupant or tenant chooses to not personally clear the sidewalk or walkway, he or she shall contract another party to clear it for them, meeting any and all requirements of this section.
(2) 
An "owner, occupant and/or tenant" is defined, for the purposes of this section, as any or all of the following, including, but not limited to: an individual, person, partnership, business, corporation or any other legal entity, and the term "he/she" shall be applicable to all such terms.
(b) 
Ice removal. Every owner, occupant and/or tenant of any property which abuts a sidewalk or public walkway in the Township of Upper Providence shall remove or cause to be removed any and all ice on the sidewalk or walkway or make the sidewalk or walkway safe for travel by pedestrians, through the application of a salt, sand, ashes or similar material, or a similar antiskid material approved by the Code Enforcement Officer.
(c) 
Municipal clearing. If an owner, occupant and/or tenant fails to comply with this section, the Township of Upper Providence may elect to clear the snow and/or ice. The owner, occupant and/or tenant shall be responsible for any and all costs, plus any interest associated with the removal through the placement of a municipal lien or civil action instituted by the Township. These costs are exclusive of any and all fines and/or penalties provided in Subsection (e) of this section.
(d) 
Enforcement.
(1) 
The Code Enforcement Officer is authorized to enforce the provisions of this article and to serve a notice of violation at the property in violation.
(2) 
The notice of violation shall indicate the time the Township determines that a violation exists and provide a time period for the property owner, occupant and/or tenant to comply in order to avoid municipal clearing or penalties.
(e) 
Violations and penalties. Any person, firm or corporation violating any provisions of this chapter shall, upon summary conviction before any District Justice, be punishable as provided in Section 1020.99. Each and every day in which any person, firm or corporation shall be in violation of this chapter shall constitute a separate offense.
[1]
Editor's Note: See Section 202.99 for general Code penalty.