All facilities shall be constructed in strict accordance with
the approved plans and no changes shall be effectuated unless the
same receive the written authorization of the Township Board of Supervisors
or their designee. Notwithstanding the provisions of this section,
the Township Board of Supervisors or their designee reserves the right
to require changes during the construction stages where field conditions
warrant such changes.
A.
Prior to the commencement of construction, the applicant shall contact
the Township Board of Supervisors or their designee to arrange a preconstruction
meeting. The applicant, his agents and contractor(s) shall attend
the preconstruction meeting to review the Township's construction
requirements and inspection procedures. The applicant shall make available
24 hours a day a maintenance crew for repairs and maintenance of trenches
or other work which has become hazardous to the public as a result
of trench settlement or other reasons. The applicant shall make the
name, address and telephone number of a responsible maintenance person
available to the Township. If the maintenance person so assigned fails
to respond or the applicant fails to make repairs within the time
frame directed by the Township Board of Supervisors or their designee,
then the necessary repairs or maintenance may be performed by the
Township and the full cost of the work charged to the applicant.
B.
The Township reserves the right to make periodic inspections of construction.
However, the applicant must notify the Township Board of Supervisors
or their designee two days in advance of the intended date of construction
of the street base so that the subgrade shall be inspected, and one
day in advance of the intended date of construction of the paved surface
so that the base course shall be inspected. The applicant shall make
available one loaded tandem dump truck to proof roll the subgrade
or base. The Township, at the applicant's expense, reserves the right
to require testing of the street materials to determine if the street
construction complies in all respects with the approved plans, as
modified.
C.
No provision of this section shall be construed as mandating 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.
D.
Upon completion of all the public improvements, the applicant shall
request of the Township the final inspection of the project. The final
inspection shall be made by the Township's representative in conjunction
with the applicant's contractor. Upon completion of the final inspection,
the Township shall provide the applicant with a final "punch list"
of the defective items which must be repaired or replaced to meet
Township standards. No public facilities shall be offered to the Township
for dedication until all punch list items have been satisfied.
A.
The permittee shall pay all fees, costs and expenses incident to
or arising from the project, including the cost of related street
improvements which increased traffic or surface drainage may necessitate.
The permittee shall reimburse the Township for any and all inspection
costs within 30 days after receipt of the Township's invoice.
B.
In the event of failure or neglect by permittee to perform and comply
with the permit or these regulations, the Township may immediately
revoke and annul the permit and order and direct the premittee to
remove any or all structures, equipment or property belonging to the
permittee or its contractors from the legal limits of the street right-of-way
and to restore the right-of-way to its former condition.
C.
In the event the Township determines that such structures, equipment
or property pose a threat to the public safety, and the permittee
fails to remove the same after notice from the Township Board of Supervisors
or their designee to do so, the Township may perform the necessary
and required work and shall be reimbursed for the costs thereof by
the permittee within 30 days after receipt of the Township's invoice.
D.
If work is stopped on a project for any reason, other than at the
end of any normal work day, and any ditch or trench, in the opinion
of the Township Board of Supervisors or their designee or Township
inspector, remains open for an unreasonable period, the permittee,
if so directed, shall refill the ditch or trench and work shall not
be resumed until the permittee is prepared to proceed immediately
with the work to its completion. In the event the permittee fails
to refill the ditch or trench or proceed to completion of the work
upon notice from the Township Board of Supervisors or their designee
to do so, the Township may perform the necessary and required work
and shall be reimbursed for the costs by the permittee within 30 days
after receipt of the Township's invoice.
E.
If the permittee, after making an opening in the surface to place
or repair a drainage facility or for any other purpose, fails to restore
any portion of the street right-of-way to conform with the requirements
of this chapter upon notice from the Township Board of Supervisors
or their designee to do so, the Township may perform the work and
the permittee shall reimburse the Township for the costs within 30
days after receipt of the Township's invoice.
F.
The Township shall be provided with a copy of all tickets for materials
used in the construction of proposed public streets or stormwater
management facilities.
G.
At the time of delivery of the manufactured materials, the developer
shall provide the Township with a statement of certification from
the manufacturer that the manufactured materials to be used as part
of the construction of the public improvement meet the minimum requirements
of the appropriate East Hempfield Township or PennDOT specifications.
A.
All construction shall be in accordance with PennDOT Form 408 Specification,
latest edition, or as revised by East Hempfield Technical Specifications
and Standard Details established by resolution of the Township Board
of Supervisors.
The work shall be done at such time and in such a manner as
shall be consistent with the safety of the public and shall conform
to all requirements and standards of the Township. If at any time
it shall be found by the Township that work is not being done or has
not been properly performed, the permittee, upon being notified in
writing by the Township, shall immediately take the necessary steps,
at its own expense, to place the work in condition to conform to such
requirements or standards. In case any dispute arises between the
permittee and the Township's inspector, the Township's inspector shall
have the authority to suspend work until the question at issue can
be referred to and be decided by the Township Board of Supervisors.
A.
Notwithstanding the provisions of this chapter, the Board reserves
the right and privilege to alter the design specifications, method
of construction, type of construction and to require the utilization
of a specific alternate for pavement construction where such alteration
is based upon sound engineering judgment and principles and is in
the best interest of the public.
B.
Where a proposed subdivision or land development fronts on a Township
Street, the applicant shall install curbing, sidewalk and pavement
widening along the entire length of the proposed subdivision or land
development in accordance with this chapter, the Township Subdivision
and Land Development ordinance[1] and East Hempfield Township Technical Specifications and
Standard Details kept on file at the Township Office.
C.
Where a proposed subdivision or land development fronts on an existing
PennDOT street, the applicant shall install curbing, sidewalk and
pavement widening along the entire length of the proposed subdivision
or land development in accordance with the design standards and specifications
set forth in the East Hempfield Township Technical Specifications
and Standard Details.
D.
A PennDOT highway occupancy permit shall be required for any work
within the PennDOT right-of-way.
A.
Applicant shall simultaneously submit a drainage control plan which shall comply with the East Hempfield Township Stormwater Management ordinance (Chapter 260).
B.
No permit will be issued until the applicant has met the conditions of the Township's Stormwater Management ordinance (Chapter 260).
C.
Altering existing drainage prohibited. Unless specifically authorized
by the permit, the permittee shall not:
A.
The Township may require the applicant to submit a traffic control
plan if it is anticipated that a potential hazard or interference
with vehicular or pedestrian traffic will result from performance
of the work.
B.
In accordance with and in addition to the East Hempfield Township
Technical Specifications and Standard Details kept on file at the
Township Office, during the making of any excavation or other construction
in any street, every necessary and reasonable precaution shall be
taken by the applicant and the parties making the same to keep the
street in a safe and passable condition, both day and night.
C.
Maintenance and protection of traffic shall be carried out in accordance
with the most current applicable PennDOT Work Zone Traffic Control
requirements.
E.
Permitee shall furnish, erect, place and maintain traffic control
signs and devices. Permittee shall maintain traffic during hours of
construction and at all other times in accordance with the methods
indicated on the traffic control plan and the following:
(1)
PennDOT Publication 35, Approved Construction Materials (Bulletin
15).
(2)
PennDOT Publication 72m.
(3)
PennDOT Publication 111m.
(4)
PennDOT Publication 212, Official Traffic Control Devices, Subchapter
E.
(5)
PennDOT Publication 213, Temporary Traffic Control Guidelines.
(6)
PennDOT Publication 236.
(7)
PennDOT Publication 408, Specifications.
(8)
The Manual on Uniform Traffic Control Devices (MUTCD).
F.
A traffic control plan shall be submitted to and approved by the
Township Board of Supervisors or their designee before closing any
portion of a lane to vehicular traffic.
G.
Any open trench or hole shall be adequately barricaded to prevent
possible injury to pedestrians and the motoring public.
H.
When the driveway is ready for use, the permittee shall, at the permittee's
sole cost, install such traffic control devices as are necessary,
in the discretion of the Township Board of Supervisors or their designee,
for public safety.
A.
Non-electrically powered devices.
(1)
The permittee shall, at its own expense, install and maintain
all non-electrically powered traffic control devices, as specified
in the permit, which are required to provide for the safe and orderly
movement of vehicular or pedestrian traffic, or both. These devices
shall include, but not be limited to, any required regulatory, warning
or guide signs, delineators and pavement markings.
B.
Electrically powered devices.
(1)
When power-operated devices, including traffic signals, are
required for proper traffic control, a traffic signal permit shall
be obtained from the Department of Transportation, Commonwealth of
Pennsylvania. The permit to own and operate a traffic control device
may be requested by and issued only to the Township. The permittee,
however, shall provide all information necessary to obtain such a
permit and shall reimburse the Township for all expenses involved
in applying for and obtaining the permit, and in purchasing, constructing,
installing, operating and maintaining such device.
(2)
Applications for driveways which include traffic signal control
shall be accompanied by the following additional information:
(3)
Applicants proposing new traffic signals or modifications to
existing traffic signals are required to install new equipment or
upgrade all existing signal equipment to the current standards as
provided by the Director of Public Works.
All disturbed slopes or earthen areas shall be restored to their
original condition, or in a manner approved by the Township.
A.
The permittee shall keep the improved area free of all material which
may be deposited by vehicles traveling upon or entering onto the street
during the performance of work authorized by the permit.
B.
The permittee shall be responsible for controlling dust conditions
created by its operations.
C.
All excess material and material that is not suitable for backfill
shall be removed and disposed of outside the street right-of-way as
the work progresses.
D.
All retained material shall be placed or stored outside the improved
area, and in such a manner that there will be no interference with
the flow of water in any gutter, drain, pipe, culvert, ditch or waterway.
A.
To protect the pavement and shoulders, all equipment shall have rubber
wheels or runners and shall have rubber, wood or similar protective
pads between the outriggers and the surface, unless otherwise authorized
by the permit.
B.
In the event that other than rubber-equipped machinery is authorized
for use, the pavement and shoulders shall be protected by the use
of matting, wood or other suitable protective material having a minimum
thickness of four inches.
C.
If the equipment damages the pavement, the permittee shall restore
the pavement to its former condition, at the permittee's expense.
All disturbed portions of the street, including slopes, and
all appurtenances and structures such as guiderails or drain pipes
shall be restored by the permittee to a condition at least equal to
that which existed before the start of any work authorized by the
permit. This includes providing appropriate end treatments on guiderail
systems where existing guiderail is being broken by the driveway.
Final acceptance of the work shall be made by the Township Board
of Supervisors or their designee.
All driveways and adjacent areas within the street right-of-way
shall be continuously maintained by the landowner so as to conform
to the permit and so as not to interfere or be inconsistent with the
design, maintenance and drainage of the street or the safe and convenient
passage of traffic upon the street.
A.
No part of the street right-of-way shall be used for servicing vehicles,
displays or conducting business. The area between the edge of the
pavement and the right-of-way line shall be kept clear of all buildings,
sales exhibits, business signs, vehicles, service equipment and similar
items.
B.
Improvements on private property adjacent to the street right-of-way
shall be so located that parking, stopping and maneuvering of vehicles
on the right-of-way will not be necessary in order for vehicles or
patrons to be served.
The permittee shall fully indemnify and save harmless and defend
the Township, its agents and employees of and from all liability for
damages or injury occurring to any person or persons or property through
or in consequence of any act or omission of any contractor, agent,
servant, employee or person engaged or employed in, about, or upon
the work, by, at the instance, or with the approval or consent of
the permittee; from any failure of the permittee or any such person
to comply with the permit or this chapter; and for a period of 1 1/2
years after completion of the permitted work.
The permittee, his agent or contractor shall submit to the Township
Office a certificate or certificates of insurance for public liability.
The type and amount of insurance shall be as specified in the "Special
Conditions of Work" section of the East Hempfield Township Technical
Specifications and Standard Details.
A.
All work authorized by the permit shall be subject to all applicable
laws, rules, and regulations, including, but not limited to the following:
(1)
Act of October 26, 1972 (P.L. 1017, No. 247) (53 P.S. § 1611),
concerning environmental control measures related to pollution and
the preservation of public natural resources.
(2)
Act of December 10, 1974 (P.L. 852, No. 287) (73 P.S. §§ 176
through 182), concerning protection of the public health and safety
by preventing excavation or demolition work from damaging underground
utility facilities.
(3)
Act of October 5, 1978 (P.L. 1104, No. 260) (72 P.S. §§ 4651-1
through 4651-10), which provides that the Board of Claims shall have
jurisdiction of claims against the commonwealth arising from contracts.
(4)
O.S.H.A. construction safety and health regulations, 39 Fed.
Reg. 22801 (June 24, 1974) and 29 CFR 1926.1 et seq.
(5)
42 U.S.C. § 2000d, as implemented by 49 CFR 21 and
230.101 et seq.
(6)
Ordinances enacted by East Hempfield Township which contain
more stringent minimum safety requirements than this chapter.
A.
At such time as the construction of the public facilities are completed,
the applicant, prior to offering the street for dedication, shall
submit to the Township an as-built plan of those facilities.
B.
The as-built plan shall be prepared to the requirements specified
in the East Hempfield Township Subdivision and Land Development ordinance[1] and include the following information.
(1)
Centerline of cartway and right-of-way.
(2)
Typical section of all improvements.
(3)
Right-of-way, including location of monuments and markers.
(4)
All public and private utilities in the right-of-way including,
but not limited to, stormwater management facilities, sanitary sewer,
water, gas, electric, and communication.
(5)
All traffic control devices, such as signs, traffic signals,
speed tables, mountable curbs, etc.
