[HISTORY: Adopted by the Board of Supervisors of the Township of Millcreek as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Public and private improvements — See Ch. 29, Part 2.
Nuisances — See Ch. 40, Art. II.
Stormwater management — See Ch. 116.
Subdivision and land development — See Ch. 125.
Zoning — See Ch. 145.
[Adopted 10-5-2010 by Ord. No. 2010-10; amended in its entirety 11-15-2022 by Ord. No. 2022-8[1]]
[1]
Editor's Note: This ordinance also renumbered the contents of Article II, which consisted of §§ 121-8 through §§ 121-27 as §§ 121-15 through §§ 121-33, respectively.
A. 
Common title. This article shall be known as the "Millcreek Township Sidewalk Ordinance."
B. 
General purposes. The general purposes of this article are to:
(1) 
Further the general intention of the Township that pedestrian circulation be directed off from streets and highways, to encourage passive recreation and to serve the public health and safety.
(2) 
Establish and reference regulations requiring the construction, maintenance and repair of sidewalks to provide a clear statement of applicable regulations.
(3) 
Ensure that property owners construct and maintain sidewalks when they are required to do so.
(4) 
Establish a process for implementation and administration of applicable regulations.
(5) 
Establish a process for the construction, reconstruction, repair or maintenance of sidewalks when property owners fail to do so in compliance with the Township's regulations.
(6) 
Establish the process for the funding of the Township's construction, reconstruction, repair or maintenance of sidewalks when the property owner fails to do so in compliance with the Township's regulations as permitted by the Second Class Township Code.
C. 
Application.
(1) 
This article applies to sidewalks installed pursuant to the Second Class Township Code or under state or federal law. This article also applies to existing sidewalks.
(2) 
This article is not intended to amend, modify or supersede the provisions Chapter 125, Subdivision and Land Development, Chapter 29, Code Enforcement, Part 2, Public and Private Improvements or Chapter 29, Code Enforcement, Part 5, Property Maintenance Code of the Millcreek Township Code.
A. 
General words and phrases used in this article shall be given their common and ordinary meaning.
B. 
Where a word or term is not defined in this article, it shall be defined in accordance with definitions established in the Second Class Township Code, the Municipalities Planning Code, Millcreek Township Code Chapter 125, Subdivision and Land Development, Chapter 145, Zoning, Chapter 29, Code Enforcement, Part 2, Public and Private Improvements, or in other applicable law or ordinance, as now existing or as may be amended in the future.
C. 
The following words and phrases, when used in this article, shall have the meanings ascribed to them in this Section, except in those instances where the context clearly indicates a contrary intention:
ADA
The Americans with Disabilities Act, of 1990 (ADA), including changes made by the ADA Amendments Act of 2008, as may be amended from time to time.
COST
Actual expenditures incurred by the Township for labor, equipment, materials and contractors or subcontractors, and shall include all overhead and fringe benefits.
INSPECTION FEE
A fee paid by the Permittee to the Township to defray sidewalk placement, construction, reconstruction or inspection costs.
OWNER
The legal, beneficial, equitable owner or owners of land, including the holder of an option or contract to purchase (whether or not such option or contract is subject to any condition), a lessee (if he is authorized under the lease to exercise the right of the landowner) or any other person having interest in the land.
PERMIT
A document issued by Millcreek Township authorizing an applicant to undertake certain activities.
PERMIT FEE
A fee paid by the Permittee to Millcreek Township to cover the cost of issuing, processing and filing a sidewalk construction or reconstruction permit, as established by this article or by resolution of the Board of Supervisors.
PERMITTEE
Any person who has been issued a permit and has thereby agreed to fulfill all of the provisions of this article.
PERSON
An individual, partnership, public or private association or corporation, limited liability company, firm, trust, estate, municipality, governmental unit, public utility or any other legal entity whatsoever which is recognized by law as the subject of rights and duties.
SIDEWALK
A walkway for pedestrians along or within the right-of-way of a public street or state highway, and which includes any level landings, ramps or blended transitions required under the ADA.
A. 
Sidewalks as a required improvement.
(1) 
Sidewalks shall be constructed as required by Chapter 125, Subdivision and Land Development.
(2) 
Where a dwelling or principal building is proposed to be constructed, on a lot or parcel of land and where not specifically required under other ordinances, sidewalks shall be constructed in all rights-of-way abutting the lot.
(3) 
Sidewalks are required in accordance with the Second Class Township Code in the following situations:
(a) 
The Board of Supervisors determines that a sidewalk is necessary upon the request of any owner whose land fronts upon a public road or highway within the Township;
(b) 
The Board of Supervisors determines that a sidewalk is necessary upon the petition of property owners representing a majority in number of feet front of the properties abutting on the roads or highways where the sidewalks or curbs are to be constructed.
(c) 
The Board of Supervisors by Ordinance determines that sidewalks are to be constructed, reconstructed and repaired.
(d) 
The Board of Supervisors establishes that any part of any road or highway is dangerous to the traveling public and the danger could be materially reduced or lessened by the construction of a sidewalk.
B. 
Property owner to construct sidewalks when required.
(1) 
Where sidewalks are required under Chapter 125, Subdivision and Land Development, or this article on any lot or parcel abutting a public street or state highway in the Township of Millcreek, the owner(s) of such lot or parcel, at their own expense, shall construct such sidewalk in accordance with the applicable specifications. This requirements included any level landings, ramps or blended transitions where required under the ADA or other appliable law.
(2) 
Any contractor in charge of construction of any sidewalk upon any lot or parcel of land abutting a public street or highway in the Township shall construct such sidewalk in accordance with the applicable specifications.
(3) 
Notwithstanding provisions of Subsection B(1), where lots or parcels of land are established under a plan of subdivision or land development submitted to the Township for its approval, it shall be the obligation of the subdivider or developer to provide for the construction of sidewalks in front of and adjoining each respective lot within the subdivision or land development.
(a) 
To the extent authorized in Chapter 125, Subdivision and Land Development, and conditions imposed on plan approval, a subdivider or developer may be authorized to delegate to purchasers of lots within the subdivision or land development the duty of constructing sidewalks.
(b) 
No such delegation shall be authorized absent the express approval of the Board of Supervisors, which approval shall be conditioned upon the subdivider's or developer's entry into an appropriate written agreement assuring proper construction of sidewalks, financial security by the subdivider or developer for proper construction of all sidewalks and guarantee by the subdivider/developer of proper sidewalk construction.
(c) 
Delegation of the responsibility for construction of sidewalks in subdivisions and land developments shall not relieve the subdivider or developer of the obligation to ensure their proper and timely construction.
A. 
Pursuant to Section 2401(c)(3) of the Second Class Township Code, 53 P.S. § 67401, the Township may construct, reconstruct, maintain and repair sidewalks pursuant to an ordinance passed by its Board of Supervisors when:
(1) 
The Board of Supervisors determines that a sidewalk is necessary upon the request of any owner whose land fronts upon a public road or highway within the Township;
(2) 
The Board of Supervisors determines that a sidewalk is necessary upon the petition of property owners representing a majority in number of feet front of the properties abutting on the roads or highways where the sidewalks or curbs are to be constructed;
(3) 
The Board of Supervisors by ordinance determines that sidewalks are to be constructed, reconstructed and repaired.
(4) 
The Board of Supervisors establishes that any part of any road or highway is dangerous to the traveling public and the danger could be materially reduced or lessened by the construction of a sidewalk.
A. 
An owner of a lot or parcel that is required to construct, reconstruct, maintain, or repair sidewalks abutting their property under this article remains responsible for the costs of the construction, reconstruction, maintenance or repair when the Township performs the construction, reconstruction, maintenance or repair of the sidewalk as provided in § 121-4.
B. 
To the extent the Township has performed the construction, reconstruction, maintenance or repair under § 121-4, the Township may recover the cost of the construction, reconstruction, maintenance or repair by levying an assessment against the abutting property in accordance with 53 P.S. § 67401 and 53 P.S. § 68302(a) of the Second Class Township Code.
C. 
The owner shall not be responsible for the full cost of the assessment for the costs of the Township's construction, reconstruction, maintenance and repair of sidewalks if the assessment is greater than 15% of the assessed valuation of the abutting property. The Township shall be responsible for the amounts greater than 15% of the assessed valuation of the abutting property.
D. 
The Township Treasurer, as provided by 53 P.S. § 68302(a) of the Second Class Township Code, shall levy the assessment and give the owner 30 days' notice that the assessment is due and payable. The notice shall state the due date and shall be mailed to the owner of the property.
E. 
The Township Treasurer may provide for the assessment to be paid in installment payments as provided by 53 P.S. § 68303 of the Second Class Township Code.
A. 
If the assessment remains unpaid after 90 days, the Township Treasurer shall turn over the assessment to the Township Solicitor for recovery and collection of the assessment by means of an action in assumpsit against the owner of the parcel or lot or a municipal lien against the abutting property.
B. 
The action in assumpsit and/or the municipal lien shall be filed in accordance with 53 P.S. § 68303 of the Second Class Township Code and the Municipal Claims and Tax Liens, 53 P.S. § 7101, et seq.
A. 
Permit required for construction or reconstruction of sidewalk.
(1) 
No person shall construct or reconstruct any sidewalk within the right-of-way of a public street or highway in Millcreek Township without first obtaining a permit authorizing such construction.
(a) 
Where such sidewalk is to be located within the right-of-way of a local street, such permit shall be obtained from Millcreek Township.
(b) 
Where such sidewalk is to be located within the right-of-way of a state highway, such permit shall be obtained from PennDOT.
(2) 
A separate permit shall be required for the laying out of a sidewalk along and adjacent to each lot within a subdivision or land development unless the subdivider or developer will construct such sidewalks, in which event one permit shall be issued for the entire continuous length of sidewalk to be constructed by such applicant; provided, that if a subdivider or developer seeks such permit, the Township shall not authorize delegation of the sidewalk construction.
B. 
Permit and inspection fees.
(1) 
All persons required to construct a sidewalk under this article (or under an approved subdivision or development plan) within a right-of-way as to which Millcreek Township has jurisdiction shall pay a permit fee as established by resolution adopted by the Board of Supervisors from time to time.
(2) 
All persons desiring to reconstruct all or a portion of any sidewalk within a right-of-way as to which Millcreek Township has jurisdiction shall pay a permit fee as established by resolution adopted by the Board of Supervisors.
(3) 
A separate fee shall be payable for each permit required under § 121-7A.
(4) 
An applicant for a sidewalk permit shall also, upon application, pay a deposit in such sum as is required by resolution adopted by the Board of Supervisors to cover the permit fee and inspection fees as established, and as security for proper construction or reconstruction. Any excess remaining in the deposit after final inspection and certification of proper completion shall be refunded to the Permittee.
(5) 
The Board of Supervisors is authorized by resolution adopted from time to time to modify the amounts of permit and inspection fees and deposits.
C. 
Specifications for construction, installation and inspections.
(1) 
Location and construction standards. All sidewalks shall be located and constructed as required under Chapter 125, Subdivision and Land Development, and Chapter 29, Part 2, Public and Private Improvements, as the same may in the future be amended or restated, and other applicable state and federal laws.
(2) 
Where, because of topography, grade or other physical conditions, the Board of Supervisors is satisfied that the public health and safety will be served thereby, a required sidewalk can be located, wholly or in part, outside of the street or highway right-of-way, so long as the owner on the development plat or otherwise in a document to be recorded, grants to the public a permanent easement for pedestrian access to and across such sidewalk.
(3) 
Inspections and prior notice. An applicant granted a sidewalk permit shall be obligated to notify promptly the Township's designated inspector prior to actual laying of sidewalks, so that inspection thereof can be made. Any Permittee failing to notify the inspector in order to request an inspection prior to laying of a sidewalk shall assume all risks of improper construction.
(4) 
Restoration of disturbed areas. A Permittee shall be responsible for restoring all areas excavated during the sidewalk construction or reconstruction, as required by Township specifications.
(5) 
Final inspection required. When an Permittee believes sidewalk construction or reconstruction and all restoration work has been completed, the Permittee shall notify the Township's inspector and request a final inspection.
D. 
Compliance with regulations for access by qualified individuals with a disability.
(1) 
Sidewalks. All sidewalks shall be constructed, reconstructed and/or maintained in accordance with applicable federal, state or local regulations with regard to access for qualified individuals with a disability, including the ADA and accompanying regulations and guidance.
(2) 
Curb ramps/blended transitions. All curb ramps and blended transitions at pedestrian street crossings in the Township where sidewalks are located which are being constructed, reconstructed or altered for any reason shall comply with applicable federal, state or local regulations with regard to access for qualified individuals with a disability, including the ADA and accompanying regulations and guidance.
E. 
Safety precautions; lights and barricades.
(1) 
When any portion of a public street's right-of-way is used under any permit, Permittee shall assure conspicuous placement in the excavation or work area of a sufficient number of red lanterns or lights from dark until sunrise every night, to render the work area perfectly safe.
(2) 
A Permittee shall be responsible for the proper and safe performance of the construction or reconstruction, and for protecting against injury to person or damage to property which might result from the work.
(3) 
Any excavations shall be protected by a guard rail or fence sufficient to protect against personal injury or property damage.
A. 
The owners of all properties which abut a street or state highway within whose right-of-way a sidewalk has been constructed shall be responsible for the proper care, maintenance and condition of said sidewalk. The owner's duty shall extend to, but not be limited to, removal of snow, ice, debris or obstructions and to repair, reconstruct and replace as necessary to ensure that said sidewalks are in reasonably good and safe condition for the use of pedestrians and comply with all applicable federal, state and local laws. Maintenance shall also include ensuring that the sidewalk remains in compliance with the ADA and its accompanying regulations and guidance, including but not limited to, requirements relating to grade, running slope, cross slope, surfaces, vertical alignment, surface discontinuities, horizontal openings and protruding objects.
B. 
Owners of properties abutting a sidewalk within the right-of-way of a street or state highway shall be responsible for ensuring that the abutting sidewalk is not blocked or obstructed.
C. 
Responsibility for removal of snow and ice. The owner, occupant, or tenant of every property abutting a public street or highway along which a sidewalk exists shall have the duty and responsibility to keep such sidewalks clear of any accumulation of snow and/or ice.
(1) 
All accumulation of snow and/or ice of a depth in excess of two inches shall be removed from sidewalks within 24 hours after the precipitation causing the same shall have ceased. Such snow and/or ice shall be completely cleared from the sidewalk exposing the wearing surface of the sidewalk to a width not less than 48 inches or the actual width of the sidewalk, whichever is less.
(2) 
No person removing snow and/or ice from a sidewalk as required by this article or removing snow and/or ice from any portion of the property shall deposit such snow and/or ice in or upon any public street or highway between the curblines of such street.
(3) 
Should a person fail, neglect or refuse to remove any snow and/or ice from any sidewalk as required in this article, the Township may post a notice on the property that snow and/or ice must be removed from the sidewalk within 24 hours. If the notice is not complied with, the Township may, but shall not be obligated to, remove such snow and/or ice. In the event the Township shall elect to remove such snow and/or ice, any duly authorized employee or contractor of the Township is authorized to remove such snow and/or ice. The property owner shall be liable to the Township for all costs and expenses incurred by the Township in removing the same, which costs and expenses shall be in addition to the penalties for violations of this article. If the cost of such removal is not paid within 30 days of the invoice date, Millcreek Township shall be authorized to file a municipal lien against the subject property or otherwise collect sums due as authorized by law. Millcreek may remove snow and/or ice as provided above without notice in an emergency situation.
D. 
Responsibility for removal of other obstructions. The owner, occupant, or tenant of every property abutting a public street or highway along which a sidewalk exists shall have the duty and responsibility to keep such sidewalks clear of stone, dirt, glass, rubbish, garbage, refuse, wood, weeds, hedges, debris, or other matter or other obstructions.
(1) 
All accumulation of stone, dirt, glass, rubbish, garbage, refuse, wood, weeds, hedges, debris, or other matter or other obstructions shall be removed immediately. Such stone, dirt, glass, rubbish, garbage, refuse, wood, weeds, hedges, debris, or other matter or other obstructions shall be completely cleared from the sidewalk exposing the wearing surface of the sidewalk to a width not less than 48 inches or the actual width of the sidewalk, whichever is less.
(2) 
No person removing stone, dirt, glass, rubbish, garbage, refuse, wood, weeds, hedges, debris, or other matter or other obstructions from a sidewalk as required by this article or removing stone, dirt, glass, rubbish, garbage, refuse, wood, weeds, hedges, debris, or other matter or other obstructions from any portion of the property shall deposit such materials in or upon any public street or highway between the curblines of such street.
(3) 
Should a person fail, neglect or refuse to remove any stone, dirt, glass, rubbish, garbage, refuse, wood, weeds, hedges, debris, or other matter or other obstructions from any sidewalk as required in this article, the Township may post a notice on the property that such stone, dirt, glass, rubbish, garbage, refuse, wood, weeds, hedges, debris, or other matter or other obstructions must be removed from the sidewalk within 24 hours. If the notice is not complied with, the Township may, but shall not be obligated to, remove such materials. In the event the Township shall elect to remove such stone, dirt, glass, rubbish, garbage, refuse, wood, weeds, hedges, debris, or other matter or other obstructions, any duly authorized employee or contractor of the Township is authorized to remove such stone, dirt, glass, rubbish, garbage, refuse, wood, weeds, hedges, debris, or other matter or other obstructions. The property owner shall be liable to the Township for all costs and expenses incurred by the Township in removing the same, which costs and expenses shall be in addition to the penalties for violations of this article. If the cost of such removal is not paid within 30 days of the invoice date, Millcreek Township shall be authorized to file a municipal lien against the subject property or otherwise collect sums due as authorized by law. Millcreek may remove such stone, dirt, glass, rubbish, garbage, refuse, wood, weeds, hedges, debris, or other matter or other obstructions as provided above without notice in an emergency situation.
E. 
Millcreek Township shall not be responsible for the construction, reconstruction, maintenance, condition or repair of any sidewalk within the right-of-way of a street or state highway absent a written agreement or order of a court or agency having appropriate jurisdiction which provides to the contrary.
F. 
Any placement of a facility of a public utility within a sidewalk shall be subject to applicable federal, state and local laws, and Millcreek Township shall not have any responsibility as to the location or condition of said facility.
A. 
Administration generally. Whenever a sidewalk is or is to be constructed, reconstructed or altered by the owner of the lot or parcel of land along which it is to extend, the Township Engineer or their designee shall receive and issue permits and enforce the provisions of this article.
B. 
Modifications.
(1) 
Submission of request. An owner of a lot of parcel where a sidewalk is required to be construction under Chapter 125, Subdivision and Land Development, or as otherwise required by this article may submit a written request for modification from the requirement by submitting such written request to the Township Engineer or their designee.
(2) 
Modifications. Where deemed necessary and appropriate, the Board of Supervisors may grant a modification from the general regulations in circumstances in which sidewalk construction is necessary or appropriate, but some modification of a general regulation will best protect the public health and safety in a reasonable manner. Modifications may involve a deferral or nonsubstantial alteration of the manner or location of constructing sidewalks. No modification that seeks a change to an ADA standard shall be granted unless such change would be allowed under the ADA.
(a) 
Modification other than deferrals. Modifications other than deferrals may be granted where an owner establishes that the sidewalk cannot be constructed in strict accordance with the required specifications and such circumstance would not serve the intended public purpose, would create significant risk of harm or injury and that such findings result from unique conditions and not from general application of the regulation. In addition, an owner must establish that a request results only from conditions that did not exist and could not reasonably have been foreseen at the time of any plan or permit application and does not result from self-inflicted hardship or acts or omissions of the developer or owner.
(b) 
Modification seeking deferral of construction.
[1] 
If applicable regulations would require construction of sidewalks but an owner establishes that proper cause for deferring actual construction exists, the Board may defer the time of construction of sidewalks. The burden of establishing cause for a deferral is on the owner and deferral should be allowed only where future circumstances likely would be materially different than those existing at the time of the Board's action. Cost is not a ground for a modification.
[2] 
The Board may grant a deferral under any of the following circumstances:
[a] 
Where there are no sidewalks adjacent to the subject property; or
[b] 
Where a subdivision includes streets and sidewalks constructed within its boundaries and abuts another, preexisting street whose grade, slope or topography is such that requiring construction of sidewalks along it would create a potentially unsafe condition.
[3] 
If such deferral is granted the owner shall show the future location of sidewalks on the land development plan, or, if no plan is required, on the building permit application and sign an agreement providing that a sidewalk would be installed upon receipt from the Township of written notice to construct all required sidewalks, which shall be issued upon occurrence of all or any of the following events, whichever first occurs:
[a] 
Federal and/or state departments or agencies having regulatory authority under the ADA or other statute direct that such sidewalks be constructed;
[b] 
Millcreek's Board of Supervisors determine that construction of the sidewalks is necessary to ensure protection of the public health and safety;
[c] 
If deferral of the duty to construct the sidewalks relates to the absence of sidewalks on adjacent properties, and sidewalks are thereafter constructed on either or both of the adjacent properties.
The Agreement shall be a recorded document so that the obligation to install the sidewalks shall run with the land and apply to subsequent owners of the property.
(c) 
The Board of Supervisors shall have authority to impose such conditions on the grant of a modification as it believes are necessary and appropriate in the circumstances. The owner and all grantees and successors of the owner shall be responsible for complying with all conditions imposed on the granted modification. Modifications shall be granted only to such extent as is necessary to address the causes found to exist which justify relief.
A. 
Violation. Any violation of this article shall give rise to an action for enforcement, in accordance with this article, the Second Class Township Code and applicable Township ordinances governing enforcement of ordinances.
B. 
Penalties for violation; enforcement.
(1) 
Penalties.
(a) 
In the event a violation cited is not remedied after issuance of an administrative enforcement notice under Chapter 48, § 48-10, a person found in a civil action instituted by the Township to have violated this article shall be subject to the civil fines as prescribed in this Section for each violation and for each day such violation(s) continue, plus all costs and plus all attorney's fees incurred by the Township, in accordance with Chapter 48, Enforcement and Collection Activities, Article II, Attorneys' Fees, as amended.
(b) 
Any person, firm or other entity who fails to apply for and obtain a permit required under § 121-7A, to comply with inspection requirements under § 121-7C or to properly maintain an existing sidewalk as required under §§ 121-7D and 121-8A of this article shall violate this article and, upon such determination by the District Magisterial Judge, shall be obligated to pay a civil fine of $300.
(c) 
Any person, firm or other entity who violates any other provision of this article shall, upon determination of violation by the District Magisterial Judge, pay a civil fine of $600 upon a finding of violation;
(d) 
Each day a violation of this article occurs shall be deemed a separate violation, and shall subject the violator to a fine or penalty for each day a violation continues.
(2) 
Enforcement. Whenever the owner of any lot or parcel in the Township shall fail to comply with any of the requirements in this article, the Township Engineer or their designee may cause notice to be served upon such owner in the manner prescribed by Chapter 48, Article I, § 48-10, setting forth specifically in what respect such owner has failed to comply with any of the above requirements and what work such owner is required to do in order to effect such compliance. In the event of the failure or neglect of any such owner to comply with the terms and conditions of such notice within 20 days from the date of service of such notice in the case of new work, or within 10 days from the date of service thereof in the case of repair work, the Board of Supervisors may cause such work to be done at the cost of the owner of such property, and the cost thereof plus 10% additional, together with all charges, expenses, costs and attorney's fees in accordance with Chapter 48, Article II, shall be collected from such owner by the Township, which may file a municipal claim and lien therefor on the owner's property or collect the same by a civil action, as the Board may direct.
[Adopted 5-12-2015 by Ord. No. 2015-6[1]]
[1]
Editor's Note: This article also repealed original Arts. I, Electric Power Transmission Lines in Residential Districts, adopted 8-8-1960 by Ord. No. 60-12; Art. II, Structures in Road Ditches, adopted 8-20-1962 by Ord. No. 62-12; Art. III, Street Excavations and Restoration, adopted 11-22-1965 by Ord. No. 65-19; amended in its entirety 5-1-1989 by Ord. No. 89-9 and Art. IV, Road Permit, adopted 6-17-1974 by Ord. No. 74-12.
A. 
Terms defined elsewhere. This article intentionally does not include definition of terms that are established in the Pennsylvania Municipalities Planning Code,[1] Chapter 125, Subdivision and Land Development, the Chapter 29, Part 2, Public and Private Improvements, and Chapter 116, Stormwater Management. Where not defined in this article, definitions of terms adopted in the Municipalities Planning Code and the ordinances referenced above are expressly adopted and shall control.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
B. 
Undefined terms. Where not defined in this article or in the statute and ordinances referenced in Subsection A or in other applicable Pennsylvania statutes or Township ordinances, terms shall be given their common or ordinary meaning.
C. 
Definitions. As used in this article, the following terms shall have the meanings indicated below:
APPLICANT
Any person who makes application for a permit.
COST
Actual expenditures incurred by the Township of Millcreek (Township) for labor, equipment and materials, including all personnel costs, fringe benefits and overhead.
DEGRADATION FEE
A fee paid by the permittee to the Township to defray a percentage of the costs for resurfacing and reconstructing of Township streets resulting from the depreciation of streets associated with street openings.
EMERGENCY
Any condition constituting a clear and present danger to life or property by reason of escaping gas, exposed wires or other breaks or defects in the user's line.
INSPECTION FEE
A fee paid by the permittee to the Township to defray street opening inspection costs. As with all other fees referred to in this article, the nature and amount of the fee shall be established and may be changed from time to time by resolution of the Board of Supervisors.
PERMIT FEE
A fee paid by the permittee to the Township to cover the cost of issuing, processing and filing the street excavation permit.
PERMITTEE
Any person who has been issued a permit and has agreed to fulfill all provisions of this article.
RESURFACE
A process which provides a new wearing surface in a certain paved street cartway area with the same material that was existing prior to excavation.
SIDEWALK AREA
That portion of a street right-of-way reserved for sidewalks.
STREET
The entire right-of-way of a public street, public highway, public alley, public avenue, public road or public easement within the Township limits.
TOWNSHIP ENGINEER
The Township Engineer or his or her designee(s).
USER
The public utility, municipal corporation, municipal authority, or other person who or which, uses a line to provide service to one or more consumers.
WORKDAY
Normal business day for the Township government including Monday through Friday, except designated holidays.
A. 
No person, firm or corporation shall enter upon or occupy any public right-of-way within the Township for the purpose of making an excavation or opening and/or to construct, install, repair and/or reconstruct any storm sewer or driveway culvert in or under any public right of-way without first having obtained a permit from the Township to do so. The permit shall be granted by the Township Engineer and shall be conditioned upon the permittee agreeing to faithfully comply with each and every provision of the rules and regulations governing this type of work.
B. 
A municipal authority making or causing an excavation or opening to be made and/or engaging in sewer construction work in any public right-of-way shall obtain a feeless permit prior to such work. All applicable laws, ordinances and regulations governing such work shall apply.
C. 
Any person working in the vicinity of a Township street who in any manner disturbs or who in any manner causes damage to a street shall be required by this article to obtain a permit and correct this damage in accordance with the standards of the Township Engineer. Street opening permits are not required from persons excavating adjacent to the cartway for the purpose of installing or replacing sidewalks, provided a sidewalk permit has been obtained prior to such work.
D. 
All contractors performing work under contract for the Township or any municipal authority shall obtain the street excavation permit for street opening work.
E. 
If street openings or sewer repairs are necessitated by emergencies, street opening permits shall be obtained on the first regular business day on which the office of the Township is open for business, and such permit shall be retroactive to the date when the work was begun. Emergency work shall not serve to relieve anyone from compliance with the rules and regulations governing this type of work.
F. 
A person performing street openings and/or sewer repairs for an emergency shall verify the emergency nature of the circumstance in writing to the Township Engineer within five days after such emergency on the street cut opening application.
G. 
For work on PennDOT highways within the Township limits, no Township street excavation permit is required, but a PennDOT permit is required.
A. 
General requirements and construction standards in the Public and Private Improvements Code (PPIC) shall apply as to all plans, design and construction of storm sewers. Storm sewers and sanitary sewers shall be deemed public and/or private improvements governed by the PPIC and by this article.
B. 
All plans, profiles, construction and installation of all storm sewers shall comply with and be carried out and completed in accordance with design and construction standards and regulations as adopted by the Township and then in effect.
C. 
No person shall commence any installation or construction of storm sewers without first submitting plans and profiles therefor to the Township Engineer and securing the Engineer's approval and issuance of the requisite permit(s).
D. 
Any person engaged in construction and installation shall comply with requirements in the PPIC as to notices to the Township Engineer, these including but not limited to giving at least two business days' notice prior to commencing work.
E. 
No sewer construction shall be conducted without proper notice to the Township Engineer. No storm sewer shall be covered over until such sewer has been inspected by the Township Engineer and approved by the Township Engineer as meeting the Township's then-existing design and construction standards.
A. 
No person shall construct, maintain or allow to be constructed and/or maintained in any right-of-way any culvert, obstruction or structure without first obtaining a permit under this article. This regulation shall include but not be limited to piping.
B. 
Permits to construct, maintain or alter culverts and/or street ditches with structures of any type shall be issued by the Township Engineer upon application in accordance with this article and shall be issued or denied in compliance with rules and regulations relating thereto as adopted by the Board of Supervisors and amended from time to time.
C. 
Any person who has constructed and now maintains any obstruction or structure in any culvert or street ditch which is determined by the Township Engineer to impede the free flow of drainage waters, within 10 days after the date of receipt of written notice from the Township Engineer to do so, shall remove such obstruction or structure or replace the same by an adequate structure, upon application for and issuance of a permit in accordance with this article.
It shall be the duty and responsibility of the Township Engineer to prepare and administer the rules and regulations governing the making of openings in any right-of-way within the Township. These rules and regulations shall contain all necessary provisions to provide for the safety of the public during execution of the work and for the expeditious and permanent restoration of all disturbed pavement, sidewalk, driveway and lawn areas within the public right-of-way. The rules and regulations are incorporated herein by reference so as to become part of this article.
Street opening permits shall only be granted upon compliance with the following express provisions:
A. 
A written application shall be filed with the Township Engineer for making all street openings or excavations and signed by the person desiring such permit. Such application shall set forth the purpose for which such excavation is to be made; the size and location of the same; the full scope of work to be included in the project; the date or dates during which such excavation is to be permitted; the date such excavation is to be backfilled and resurfaced in the manner hereinafter provided; and shall provide that the applicant will faithfully comply with each and every provision contained in this article. An applicant shall furnish two copies of a drawing of the proposed opening site upon request of the Township Engineer. Items required on the drawing shall be specified at the time of request.
B. 
Where the street opening permit is required for sanitary or storm sewer service purposes, the application shall be countersigned by the Township Engineer or someone authorized by him before the permit will be granted.
C. 
No permit shall be granted to any applicant unless the applicant has paid to the Township any and all money, then due to the Township, for prior excavations made or for any loss, damage or expense in any manner occasioned by or arising from the work done by the applicant under the provisions of this article.
D. 
Agree to save the Township, its officers, employees and agents from any and all costs, damages and liabilities which may accrue or be claimed to accrue by reason of such work to be done by the applicant under the provisions of this article. The acceptance of any permit under this article shall constitute such an agreement by the applicant, whether the same is expressed or not.
E. 
Properly executed certificates of insurance shall be filed with the Township Engineer and verify that the applicant is insured against claims for personal injury as well as against claims for property damages which may arise from or out of the performance of the excavation work, whether such performance be by the applicant or anyone directly or indirectly employed by him. The insurance company must have a financial rating of at least A-VII as defined by A.M. Best Company. Such insurance shall include protection against liability arising from completed operations, underground utility damage and collapse of any property. Liability insurance for bodily injury and property damage shall be an amount not less than $500,000 for each occurrence and $1,000,000 in the aggregate. Failure of an applicant to file a certificate of insurance shall be a sufficient reason for denying a permit. The applicant shall save and hold harmless the Township from any and all damages and liability by reason of personal injury or property damage arising from work done by the applicant under the provisions of this article. Liability insurance requirements for blasting may be obtained and blasting permits shall be obtained from the proper Township official.
A. 
A permit fee shall be paid to the Township prior to permit issuing. The inspection fee and degradation fee shall be paid when the work is completed, inspected and measured by the Township Engineer. The Township shall have the right to waive fees for contractors performing work under contract with the Township and/or a municipal authority.
B. 
Permit fees, inspection fees, degradation fees and the PennDOT occupation permit application fees shall be in the amounts established by resolution of the Board of Supervisors and amended from time to time.
C. 
Should work be completed or substantially commenced without a permit having been obtained, the fee shall be doubled in amount.
D. 
The degradation fee and inspection fee shall be calculated by actual measurement after the work is completed. The number of square yards computed for the inspection fee will be used on the actual size of excavation including any pavement that shall be removed to provide one-foot trench beyond the original trench wall.
In all cases where a permit has been issued and the work set forth in such permit has not been completed within a period of 12 months, the permit becomes void, and the permit fee shall not be refunded.
A. 
All street opening permits are subject to suspension and/or revocation at any time by the Township Engineer after written notice for:
(1) 
Violation of any condition of the permit;
(2) 
Violation of any provision of this article or any other applicable ordinance or law relating to the work;
(3) 
The existence of any condition or the doing of any act constituting or creating a nuisance or endangering the lives or property of others.
B. 
Written notice of such violation shall be served upon the person to whom the permit was granted, or his agent or employee engaged in the work. Such notice shall also contain a brief statement of the reasons for suspending and/or revoking such permit. Notice may be given either by personal delivery thereof to the person to be notified or by United States mail, addressed to such person to be notified.
C. 
Where the Township Engineer determines that the violation or condition is capable of a prompt remedy by the permit holder, the Township Engineer may elect to suspend the permit until the cited violation has been rectified. Such a suspension shall be deemed a "stop-work order," such that the permit holder shall be prohibited from engaging in any work other than that required to cure the violation until such time as the Township Engineer, in writing, terminates the suspension.
A. 
A permit shall remain in effect for a period of 12 months. If the work is not completed in this time period, a new permit shall be obtained, and an additional permit fee shall be required.
B. 
No time extension shall be granted for a permit in which work has not started within this twelve-month period. A new permit shall be obtained if the same project location work is rescheduled.
C. 
Reasonable time extensions, but not longer than three months, for permitted work shall be granted when requested in writing and shall only be honored for those types of projects that commenced during the required twelve-month permit period and are of a size and scope that support an extension of time to complete.
A. 
The permittee shall be responsible for backfilling and paving the opening and restoring the street surface to its original condition prior to the street cut and/or other excavation and work.
B. 
It shall be the duty of the permittee to restore any area excavated to its original condition. This shall include, but not be limited to, the replacement of pavement, sidewalks, driveways and landscaped areas.
C. 
The Township Engineer shall have the full authority to establish and update standards for paving the backfilled materials and associated procedures. Details specifying paving and backfill procedures and materials shall be obtained from the Township Engineer prior to any street opening work.
In case the work has not been completed before the date of expiration as shown on the permit, which time shall be fixed when the permit and/or time extension is granted, the Township Engineer may take steps to backfill the trench and replace the street surface over the opening for which the permit has been issued upon proper notification from the Township Engineer to the applicant. The Township shall invoice the permittee for all costs incurred by the Township in the performance of this work. Payment not made within 30 days will be chargeable against the posted bond including all fees and costs involved in the collection of this payment.
A. 
The permittee shall be solely responsible for the excavation made by such party for backfilling and restoring the same and for all damages caused by the action of the permittee that may arise by reason of the excavating or such trenches or excavations. Whenever it is determined by the Township Engineer that additional inspectors should be assigned to supervise excavation, backfill, pavement restoration operations or other work regulated by this article, such inspectors shall be paid by the permittee at a rate per day to be fixed by the Township.
B. 
The Township Engineer may make such other rules and regulations for the excavation of streets which he or she deems necessary for the proper maintenance of the street surface due to excavations. Such rules and regulations shall be printed in writing upon the permit issued by the Township Engineer.
C. 
The permittee shall be required to return to the Township Engineer the "Notice of Completion of Street Excavation Permit" when work is completed.
A street opening permit shall be obtained for any test hole and/or boring work. No test holes and/or borings shall be made in or upon a greater surface of the street than as specified in such permit, and no excavation, borings or test holes shall interfere with any of the water pipes, sewers or drains of the Township, or any other underground utility service. Test holes and borings shall be backfilled in accordance with the provisions set by the Township Engineer.
A. 
All gutters shall be left open so as not to obstruct the free passage of water and all sidewalks and foot ways shall be kept in a safe and passable condition. All excavations or material from them shall have placed upon them sufficient lights, barricades, and fencing to secure them from all directions during both the day and night.
B. 
If, for safety purposes, the Township Engineer deems it necessary to install additional warning devices such as lights, barricades, signs, or fencing, the permittee shall be notified of the decision and shall receive instructions on the installation. In case of emergencies, the Township may install all additional warning devices deemed necessary by the Township Engineer. The Township shall invoice the permittee for rental and installation costs incurred from the date of installation until the permittee installs warning devices.
C. 
If the permittee fails to install such devices, the Township shall invoice the permittee for rental and installation costs incurred from the date of removal. Payment not made by the permittee within 30 days of the invoice date will be chargeable against the posted bond including all fees and costs involved in the collection of this payment.
D. 
In all cases, all lights, barricades, signs, fencing, traffic control, etc. shall conform to PennDOT Publication 213, latest revision.
If the permittee determines during construction that an additional area of the street will have to be opened, he shall notify and secure permission from the Township Engineer for the additional opening. Upon receipt of permission, the permittee shall file a supplementary application for the work no later than the next work day. Fee amounts specified in this article shall be followed for any subsequent fees associated with supplementary applications.
The permittee shall guarantee and maintain his work for 24 months from the completion of the restoration and replacement work. Work shall be deemed to be completed upon the Contractor's submission of a "Notice of Completion of Street Excavation Permit" and the Township's acceptance thereof. Within this twenty-four-month period, upon notification from the Township of necessary correction work required, the permittee shall correct or cause to be corrected all restoration work required within five working days of receipt of the notification. The Township Engineer shall determine the extent of restoration required and the method of correction. Any and all work not completed within this five-day period may be completed by the Township at the discretion of the Township Engineer. The Township shall invoice the permittee for all costs incurred by the Township in performance of this work. Payment not made within 30 days of the invoice date will be chargeable against the posted bond, including fees and costs involved in the collection of this payment.
A. 
All persons other than public utility companies, the Township and contractors performing work for municipal authorities, desiring to open a street and/or engage in other work regulated by this article shall furnish financial security to the Township to ensure proper work in conformity with the permit as issued.
B. 
The amounts of financial security required for work regulated by this article shall be established by resolution of the Board of Supervisors as amended from time to time.
C. 
Financial security must be in a form acceptable to the Township for completion of required improvements under Chapter 125, Subdivision and Land Development, and shall be held and administered in accordance with said ordinance. All financial security shall grant to the Township authority to exercise its rights against the financial security to ensure payment of all costs associated with assuring work in conformity with the permit as issued, including but not limited to correcting deficiencies arising during the guarantee period if the permittee fails to do so within the period of time allowed by the Township in its written notice of deficiency. Upon expiration of the guarantee period and written request by the permittee, the Township will make final inspection and release financial security if work remains in conformity with the permit.
D. 
The bond shall be paid over to the Township prior to issuance of a permit by the Township Engineer. The bond shall be held by the Township Treasurer and administered in accordance with these regulations.
E. 
The bond shall be refunded to the permit holder after work under the permit and required restoration work has been completed, and after the guarantee period has expired.
F. 
A separate bond shall be required for each street opening, storm sewer work and/or other work regulated by this article.
G. 
The bond required by the Township shall not relieve any applicant to also secure a permit and/or tender security, if required, from PennDOT or other governmental agency having jurisdiction over work.
A. 
Any person who fails to comply with any of the requirements of this article, upon being found by a Magisterial District Judge to have violated this article, shall pay a fine or penalty for violation for each violation in an amount not less than $300 and not more than $500.
B. 
Each failure to obtain a permit and/or to comply with all of the requirements of this article shall constitute a separate violation.
C. 
Each day during which a violation continues shall constitute a separate offense.
D. 
Violations of this article shall be enforced as civil enforcement matters as provided for in the Chapter 48, Article I, Ordinance Enforcement, Ord. No. 2007-6, as may be amended.
E. 
The Township reserves the right to deny issuance of any future street opening or other permit provided for in this article to any person who has violated the provisions of this article.
F. 
The Township shall retain and exercise all available legal and equitable remedies to secure enforcement of the regulations of this article, whether in addition to or in lieu of civil enforcement of violations.