This article shall be known as "The Leacock Township Street Ordinance."
[Adopted 5-5-1987 by Ord. No. 70]
The purpose of this article is to promote the public health, safety, and welfare by regulating the opening, construction, and/or dedication of streets, and all disturbances within street rights-of-way.
The Board of Supervisors of the Township of Leacock is empowered to regulate these activities pursuant to the expressed or implied powers granted under the Second Class Township Code, Act of May 1, 1933 (P.L. 103, No. 69), reenacted and amended July 10, 1947 (P.L. 1481, No. 567), as amended.[1]
[1]
Editor's Note: See 53 P.S. § 65101 et seq.
The provisions of this article shall apply to new streets, and all disturbances within street rights-of-way, including, but not limited to: utility construction, cultivating, and depositing of material within the street right-of-way.
Approvals issued pursuant to this article do not relieve the applicant of the responsibility to secure required permits or approvals for activities regulated by any other applicable code, rule, act, or ordinance. If more stringent requirements are contained in other codes, rules, acts, or ordinances, the more stringent regulation shall apply.
A.
The making of an administrative decision shall not constitute a representation, guarantee or warranty of any kind by the Township of Leacock, or by any official or employee thereof, of the safety of any proposed structure and shall create no liability upon, or cause of action against, the Township, its officials or employees.
B.
The applicant shall agree to save the Township, its officers, employees, and agents harmless from any and all costs, damages and liabilities by reason of personal injury or property claim, which may accrue or be claimed to accrue, whether directly or indirectly, by reason of said work irrespective of the cause of such injury or damage. The acceptance of any permit under this article shall constitute such an agreement by the applicant whether the same is expressed or not.
A.
Upon presentation of proper credentials, duly authorized representatives of the Township of Leacock may enter at reasonable times upon any property within the municipality to investigate or ascertain the condition of the subject property in regard to any aspect regulated by this article.
B.
The landowner shall grant to the Township or its agents access to the site of the work at all times while under construction for the purpose of inspecting the work.
A.
Unless otherwise expressly stated, the following terms shall, for the purpose of this article, have the meaning indicated below.
B.
Word usage.
(1)
Words used in the singular include the plural, and words used in the plural include the singular.
(2)
The word "person" indicates a corporation, an unincorporated association, a partnership, or any other entity, as well as an individual.
(3)
The word "buildings" shall be construed as if followed by the words "or a part thereof."
(4)
The word "may" is permissive; the words "shall" and "will" are mandatory.
C. APPLICANT BOARD OF SUPERVISORS CARTWAY DEDICATION DEVELOPER DRIVEWAY LANDOWNER PERSON RIGHT-OF-WAY STREET TOWNSHIP
Definitions. Other terms or words used herein shall be interpreted or defined as follows:
A developer and/or landowner, as hereinafter defined, including heirs, successors, and assigns, who has filed an application for a street improvement permit.
The Board of Supervisors of the Township of Leacock.
The surface of a street, drive, or alley available for vehicular traffic.
The deliberate appropriation of land by its owner for general public use.
Any landowner, agent of such landowner, equitable owner, or tenant with the permission of the landowner, for which an application for a street improvement permit has been filed.
A private drive providing this owner or occupant of the land with access between a public or private street. For the purpose of this article, an "access drive" as defined in Chapter 265, Subdivision and Land Development, of the Code of Leacock Township shall be considered a driveway.
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 conditions), a leasee (if authorized under the lease to exercise the rights of the landowner), or another person having a proprietary interest in the land.
An individual, group of individuals, partnership, corporation or association, whether incorporated, unincorporated or otherwise.
The total width of any land reserved or dedicated as a street, alley, pedestrian way, or for other public or private use.
A strip of land, including the entire right-of-way, publicly or privately owned, serving primarily as a means of vehicular and pedestrian travel, and furnishing access to abut properties, which may also be used to provide space for sewer public utilities, shade trees, and sidewalks.
The Township of Leacock, Lancaster County, Pennsylvania.
In accordance with § 260-20, the construction of a street or other facilities within a street right-of-way shall not be initiated until a street improvement permit has been issued.
An application for a street improvement permit may be submitted to the Secretary of the Board of Supervisors on any business day.
A.
The Township Secretary may review the application with the Township Engineer, Solicitor, and other officials in order to determine approval or disapproval of the application.
B.
The Township Secretary shall, within 35 days from the municipal receipt of an application, issue a permit or disapprove the application and transmit the decision, in writing, to the applicant and Township Engineer. Failure of the Township to render a decision and communicate it as prescribed above shall be deemed an approval unless the time period is extended by the applicant.
C.
A notice of disapproval shall cite the reasons for disapproval.
An application for a street improvement permit shall include one copy of the application for street improvement permit[1] (see Appendix No. 1), liability insurance, when applicable, in accordance with § 260-31, and filing fee in the amount specified in the fee schedule as established by resolution of the Board of Supervisors.
[1]
Editor's Note: The application for a street improvement permit is available at the Township office.
A.
Prior to initiation of construction, the applicant shall notify the Secretary of the Board of Supervisors so that the Township may, at its discretion, inspect the improvements during construction. The Township shall be so notified two days in advance of the intended date of construction. No provisions, as stated herein, shall be construed as mandatory periodic inspections, and the undertaking of periodic inspections shall not be construed as an acceptance of the work during construction or as a final inspection of the construction.
B.
The Township, at the expense of the applicant, reserves the right to require tests of the improvements to determine whether they comply in all respects with the requirements of the Township.
After issuance of a street improvement permit and upon completion of all required improvements, the applicant shall submit an as-built plan showing the location, dimension and elevation of all improvements. The plan shall note all deviation from the previously approved drawings. Two copies of the plan shall be submitted to the Secretary of the Board of Supervisors, who shall distribute one copy to the Township Engineer and retain one copy for the Township files.
A.
If, in the opinion of the Board of Supervisors based upon a report of the Municipal Engineer, the nature of the work is such that it may create a hazard to human life, or endanger adjoining property or streets, then the Board of Supervisors shall, before issuing the permit, require that the applicant file a certificate of insurance showing that there exists insurance against claims for damages for personal injury, bodily injury and property damage. The liability insurance shall be to the amount prescribed by the municipality in accordance with the nature or risks involved and include the municipality as an additional insured. Such insurance shall be written by a company licensed to do business in the commonwealth.
B.
Neither issuance of the permit nor compliance with the provisions hereto or any conditions imposed by the municipality shall relieve any person from any responsibility for damage otherwise imposed by law, nor impose any liability upon the Township of Leacock or its officers and employees for damages to persons or property.
All streets shall be constructed in accordance with PennDOT specifications and the following standards:
A.
Subgrade.
(1)
All rock shall be removed and covered with a six-inch cushion of suitable material meeting the physical, placement and compaction requirements of Section 351 of the Pennsylvania Department of Transportation (PennDOT) Form 408.
(2)
Preparation of subgrade shall conform to the construction requirements of Section 210 of PennDOT Form 408.
(3)
For fine grade, a layer of 2A stone, graded and compressed to three inches thickness (using a ten-ton vibratory roller or its equivalent when authorized by the Township) shall be placed on the prepared subgrade.
(4)
One-quarter inch per foot crown must be maintained when fine grading subgrade.
(5)
No stone shall be laid on frozen ground.
B.
Minimum depths of pavement. Minimum depths of pavement shall conform to the Pennsylvania Department of Transportation, Publication No. 70, "Guidelines for the Design of Local Roads and Streets", latest revision.
[Amended 3-3-1998 by Ord. No. 113[1]]
[1]
Editor's Note: This ordinance also repealed original § 402C, Surface Courses, which immediately followed this subsection.
C.
Finished streets. All finished streets must maintain 1/4 inch per foot crown, except on superelevations and areas approved by standard engineering practice.
A.
Curbs shall be provided within village growth boundaries.
B.
A permit must be obtained prior to any curb and sidewalk construction.
C.
All curbs and sidewalks shall conform to 3,200 pounds per square inches.
D.
Curbs and sidewalks shall conform to the Americans with Disabilities Act Accessibilities Guidelines.
E.
Vertical curb shall be 20 inches deep, eight inches at the top and nine inches wide at the base. The distance from top to the curb to the flow line of the gutter shall be eight inches. Four inches of compacted 2A stone shall be placed at the base of the curbs.
F.
Slant curb shall be 16 inches deep at the back, 12 inches deep at the front, and 14 inches wide at the top and base. The distance from the top of the face of curb to the flow of the gutter shall be one inch. Four inches of compacted 2A stone shall be placed at the base of the curbs.
G.
All curbs shall be at placed at specifications surrounding where existing to create uniformity of the area.
H.
Sidewalks shall be provided within the village growth boundaries.
I.
Sidewalks shall be at least five feet wide and four inches thick.
J.
Four inches of compacted 2A stone shall be placed at the base of the sidewalks.
K.
Driveways shall be 14 feet wide, six inches thick, with rebars in the concrete at the base of the driveway.
L.
Sidewalks shall have expansion joints of 1/2 inch thick between the curb and sidewalks.
M.
Sidewalks shall be scored every five feet with expansion joints of between 35 inches and not more than 40 inches.
N.
Traffic regulatory and street signs shall be placed with four inches of PVC pipe 18 inches deep at the direction of the Township.
Where a proposed use of land generates an increase in traffic that, in the opinion of the Township, causes the existing Township street to be damaged beyond normal wear and tear or creates a dangerous condition, the Township reserves the right to require the landowner to improve (or to pay the cost of improving) the existing Township street, including widening the same, so as to enable said Township street to accept such increased traffic without causing damage beyond normal wear and tear, and without creating a dangerous condition. The Township also reserves the right to require the landowner to dedicate additional right-of-way to the Township where such additional right-of-way is deemed necessary for safety, storm drainage, or road maintenance.
A.
Driveways shall be so located as to provide reasonable sight distances at intersections with streets. Driveways shall intersect the street of lesser classification when there is more than one street classification involved. Driveways shall not interfere with the normal traffic movement or be inconsistent with the design, maintenance, and drainage of the street.
B.
All driveways constructed on Township right-of-way shall have the same degree of slope as the existing shoulder and in no case less than 3/4 inch per foot, with the low point in line with the existing gutter line.
C.
Drainage pipe may not be installed under any driveway within the Township right-of-way, unless written permission and pipe diameter is supplied by the Township.
A.
No person shall plow, cultivate, harrow, regrade, or in any way disturb the surface of the land within the rights-of-way of any Township street without approval and issuance of permits as required by this article.
B.
No person shall deposit field stone, trash or other debris of any kind within the right-of-way of any Township street.
C.
No person shall allow the deposit of mud, dirt, silt, manure or any other debris, whether accidentally or otherwise, to remain upon the cartway of any Township street.
A.
The applicant is solely responsible for maintaining the site of the work in a safe condition at all times. Maintenance and protection of traffic shall be in strict accordance with the latest edition of PennDOT Publication No. 203, "Work Zone Traffic Control." Failure of the Township to notify the landowner of any unsafe conditions shall not relieve the landowner of his responsibility and liability.
B.
All work shall be performed without damaging property other than the property of the applicant. The applicant shall be responsible for remedying any off-site damages promptly and to the satisfaction of the damaged property owner, before final approval and acceptance of the work by the Township.
A.
Any person requesting the Township to accept the dedication of a street for public use or travel shall furnish the Secretary of the Board of Supervisors with a maintenance guarantee as hereafter provided, four copies of a surveyed plan and legal description for the street, and a deed of dedication for the land to be dedicated together with evidence satisfactory to the Township Solicitor that title to said land is good and marketable and free of all liens and encumbrances.
B.
No action by the Board of Supervisors shall be construed to require the Township to accept dedication of any street, and no street shall be considered finally accepted by the Township until the deed of dedication has been recorded and the resolution of acceptance has been duly adopted and filed in the manner required by the Second Class Township Code. Notwithstanding, final acceptance of any street, or any drainage facilities in connection therewith, the person who offered the same for dedication shall remain responsible for the maintenance thereof, snow removal excepted, for a period of 12 months from the date of final acceptance, and shall furnish the Township with a letter of credit or with other security satisfactory to the Board of Supervisors, guaranteeing the correction of all defective work and material discovered during said twelve-month period.
C.
The Board of Supervisors may, at its discretion, require the applicant to submit a maintenance guarantee for the maintenance and repair of a street improvement shown on the application for one year after completion of construction and approval of all such improvements by the Board of Supervisors. Said guarantee shall not exceed 15% of the actual cost of installation of said improvements.
All improvements shall be constructed in strict accordance with the approved plans, and no changes shall be made without written approval of the Township. Before final approval and acceptance of the work, the Township will require the landowner to provide an as-built plan showing details of all site improvements on site. All improvements shall be considered to be private improvements for the benefit of the landowner until such time as they have been formally accepted by the Township by ordinance, resolution, deed, or other formal document. No responsibility of any kind with respect to improvements shall be transferred until the improvements have been formally accepted by the Township.
A.
Any person, firm, or corporation who violates or permits a violation of this article shall, upon conviction in a summary proceeding brought before a Magisterial District Judge under the Pennsylvania Rules of Criminal Procedure, be guilty of a summary offense and shall be punishable by a fine of not more than $1,000, plus costs of prosecution. In default of payment thereof, the defendant may be sentenced to imprisonment for a term not exceeding 90 days. Each day or portion thereof that such violation continues or is permitted to continue shall constitute a separate offense, and each section of this article that is violated shall also constitute a separate offense.[1]
B.
In addition to the remedies provided above, any violation of this article, which in the opinion of the Board of Supervisors creates a nuisance, may be abated by proceeding against the violator in a court of equity for relief.