[Adopted 10-12-1998 by Ord. No. 202]
Unless the context shall clearly indicate otherwise, the following
words and phrases shall have the definitions hereinafter described
to them:
Portion of the Township road or right-of-way of such road
and areas adjacent to any road or in and upon any road right-of-way
provided for, utilized or otherwise planned or used for the drainage
of stormwater.
Work necessitated by the rupture or sudden or unexpected
malfunction of existing underground facilities.
Any individual, partnership, corporation, firm or entity,
whether or not the same is a resident, doing business in Harris Township.
Persons now or hereafter owning or operating, in this commonwealth,
equipment or facilities for:
Producing, generating, transmitting, distributing or furnishing
natural or artificial gas, electricity, or steam for the production
of light, heat or power to or for the public for compensation.
Diverting, developing, pumping, impounding, distributing, or
furnishing water to or for the public for compensation.
Transporting or conveying natural or artificial gas, crude oil,
gasoline, or petroleum products, by pipelines or conduit, for the
public for compensation.
Conveying or transmitting messages or communications by telephone
or telegraph to the public for compensation.
Sewage collection, treatment or disposal for the public for
compensation.
The term "public utility" shall not include:
Any person or corporation, not otherwise a public utility, who
or which furnishes services only to himself or itself.
Any bona fide cooperative association which furnishes services
only to its stockholders or members on a nonprofit basis.
Any producer of natural gas not engaged in distributing such
directly to the public for compensation.
The Township of Harris.
Cellular service providers.
A chronological record of pavement cuts and disturbances
to rights-of-way as reported to the Township containing pertinent
data as required by the Township for the purpose of inspection and
control.
Work within an existing cartway which shall consist of a
minimum of eight-inch stone base and a minimum of two-inch bituminous
surface material.
The Township of Harris, County of Centre, Pennsylvania. "Township"
shall also refer to personnel of the Township of Harris empowered
to represent the Township of Harris in enforcement of this subarticle,
which may include but is not necessarily limited to the Township Manager,
Ordinance Enforcement Officer, Township Engineer, Public Works Director.
All streets, highways, roads, alleys, lands and other public
ways which have been accepted for maintenance by the Supervisors and
comprise part of the Township road system.
The furnishing of all materials, labor, equipment, and other
incidentals necessary or convenient to the successful completing of
anything done within the right-of-way of a street and the fulfillment
of all duties and obligations imposed by this subarticle.
No person, unless specifically permitted by the Township of
Harris and in possession of a valid road occupancy permit, as set
forth in the following sections of this subarticle, shall do any act
or deed which changes, obstructs or otherwise interferes with any
Township road or road grade, or any drainage system of such roads
or ways, or which changes the established slope of the berm of such
roads. In furtherance of the foregoing provisions, and in addition
to other acts which are found to be in derogation of the foregoing,
the following acts are hereby declared unlawful, unless specifically
permitted:
A.
Deposit of any foreign matter, including but not limited to stones,
gravel, dirt, grass, weeds, leaves, snow or ice, upon any Township
road or maintenance or conduct of any use upon lands abutting such
road or roads which results in stones, gravel, dirt, grass, weeds,
leaves, snow or ice, or other foreign matter, being deposited upon
any Township road or drainage area.
B.
Removal of stones, gravel, pavement, dirt or other substance placed
upon any municipal road or street by the municipality or its agent,
or alteration or interference with such substances or road surface.
C.
Construction or reconstruction of a driveway or entryway on or onto
any Township road.
D.
Blocking, filling or otherwise changing or interfering with any drainage
ditch or culvert on any Township road or diverting the flow of water
to or away from the same.
E.
Maintenance, relocation or related work by any public utility, such
as water or sewer, involving one or more pavement cuts or alteration
or disturbance to any drainage conveyance or stormwater facility within
the Township right-of-way.
F.
Constructing or reconstructing a sidewalk in any Township right-of-way.
All persons desiring to construct or reconstruct a motor vehicle
access, driveway, ingress or egress shall apply for a permit for connection
if access shall intersect with a Township street. Application shall
be in writing and on a form provided by the Township. The application
shall be accompanied by payment of an application fee in such amount
as shall be established by resolution of the Board of Supervisors.
The applicant shall provide such pertinent information as may be deemed
by the Township to be necessary to adequately evaluate the application,
which may include, but is not limited to, location of the work area,
including property owner(s), addresses, telephone numbers and other
contact information; a narrative explaining, in detail, what work
is being proposed, including construction materials; a sketch or drawing
of the proposed work area, including Township facilities in the right-of-way;
engineering data, including elevations, cross-section drawings, etc.
Appropriate drainage must be maintained at all times. Construction
of a driveway or access shall not interfere with preconstruction flow
of stormwater within the public right-of-way. The proposed method
of maintaining drainage within the public right-of-way shall be detailed
in the application for permit and in any drawings submitted.
A.
The Township shall assure that the specifications to be contained
in the issued permit are appropriate for the application.
B.
In the event the Township shall deem that any proposed work shall
jeopardize health, safety or welfare, the Township shall provide notification
to the applicant that the permit shall not be approved until such
time as the applicant shall provide sufficient evidence that proposed
work has been revised to correct said deficiency. If the applicant
shall not correct the deficiency within 30 days of the date of written
notification, the permit shall be deemed to be denied.
C.
The permit shall contain specifications for construction or repair,
which shall be supplied to the person or firm completing the construction
or repair by the applicant, and which shall be made available to Township
personnel, upon demand, at the work site during construction. All
authorized construction shall be completed in accordance with permit
specifications.
D.
The Township shall approve or deny the road occupancy permit application
within 30 days of receipt of such application and payment of fees
or, if supplemental data is required, within 30 days after the receipt
of such data. If the permit is denied, the Township shall provide
notification of reasons for denial to the applicant. Permission or
denial shall be provided to the applicant in person or by ordinary
mail addressed to the applicant at the address set forth in the application.
Persons owning lands abutting Township roads, ways or drainage
areas may utilize that portion of the Township right-of-way not comprising
part of the cartway, berm or drainage ditch for any lawful use not
obstructing or interfering with such cartway, berm or drainage area
or ditch; provided, however, that the Supervisors may require that
such use be removed or discontinued, as the case may be, at their
sole discretion, upon written notice by ordinary mail to such abutting
owner or, where the whereabouts of such owner is unknown, by posting
the said notice at a conspicuous place upon the abutting land. Upon
notice given as herein provided and within the time set forth in such
notice, the owner of such lands shall remove or discontinue the said
use, as the case may be, at the sole expense of such owner, without
right of reimbursement from the Township. In the event that the owner
refuses to remove or discontinue such use in the time set forth in
the notice, the Supervisors may cause the same to be discontinued
or removed and shall be entitled to recover the actual costs incurred
by the Township in securing the discontinuance or removal of the use,
plus any costs or expenses incurred. This remedy shall not be exclusive
and shall be in addition to such other remedies in law or at equity
that may be available to the Township.
A.
In the event an emergency repair is necessary to be completed by
a public utility, the utility shall provide notice to the Township
within 24 hours of when the emergency is discovered. Notice shall
include day, date, time, location, and nature of the emergency work.
The Township Ordinance Enforcement Officer shall record information
provided by the utility in the right-of-way occupancy log.
B.
A road occupancy permit shall be required for every emergency repair
completed in the Township right-of-way. The public utility shall submit
all pertinent information as may be needed for the Ordinance Enforcement
Officer or Township Engineer to review the emergency repairs completed
and determine specifications necessary to restore the right-of-way
to a stable, permanent condition. The issued permit shall contain
specifications. The public utility shall complete restoration in compliance
with the specifications.
A.
The applicant shall protect, defend, indemnify, and save harmless
the Township, its officers, employees, and agents thereof from all
claims, suits, actions and proceedings of every nature and description
which may be brought for or on account of any injuries or damages
to persons or public or private property because of any materials
or appliances used in the work, or by or on account of improper materials
or workmanship, or for or on account of any accident or any other
act, negligence or omission of said applicant, or his agents, servants,
or employees, and the Township shall not in any way be liable therefor
during the period of the work in progress and the two-year guarantee
period following the acceptance of the work.
B.
Any person or public utility performing work within the Township
right-of-way shall provide evidence of minimum insurance coverage,
as follows:
C.
Evidence of insurance in the form of a certificate or letter executed
by a duly authorized representative of the insurance carrier shall
be submitted to the Township. Evidence of insurance may be provided
on an annual, calendar-year basis or prior to permit issuance.
During the progress of work, the applicant shall provide and
maintain such barricades, warning signs and other traffic control
devices as may be deemed necessary by the Township or required by
applicable PennDOT regulation (PennDOT Publication 203 - Work Zone
Traffic Control) to maintain safe conditions for the traveling public
and neighboring property owners/tenants.
A.
Road closing.
(1)
For nonemergency repairs, no street or road in the Township of Harris
shall be completely closed to traffic at any time. One lane of traffic
must be able to pass at all times. All established traffic patterns
must be maintained at all times.
(2)
If emergency repairs necessitate that a road be closed, and all other
means of traffic control have been exhausted, the Township may allow
a road to be temporarily closed for short duration, provided that
permission has been granted by the Township and a detour route is
provided.
B.
Scheduling. The public utility or contractor shall coordinate all
planned pavement cuts to coincide with the Township's paving program.
A construction schedule of improvements planned for completion in
the upcoming calendar year shall be provided to the Township Manager
by a responsible representative of the public utility or contractor
by December 1 of the previous year. Addendums shall be provided to
the Township as plans are revised.
C.
Excavated material and waste material.
(1)
Stormwater and drainage facilities shall be kept clear of excavated
or waste material and other debris. No materials or obstructions shall
be placed within 15 feet of a fire hydrant.
(2)
The public utility or contractor shall be responsible for removal
and disposal of all excavated or waste material resulting from work.
If excavated or waste material has been temporarily placed on pavement
during work, the pavement must be swept and/or washed prior to reopening
the street to traffic.
D.
Opening of all streets. Power-driven pavement saws shall be used
on all pavement cuts. The cut must be of sufficient depth to provide
a smooth edge.
E.
Responsibility for damages. If there is damage to another utility's
facilities as a result of the work, the public utility or contractor
shall notify that utility and the Township immediately. If damage
is to an underground facility, the public utility and the Township
shall be notified before any backfilling is begun.
F.
Backfilling. The Township shall be notified in advance of all backfilling.
Backfilling shall be completed in such a manner as to obtain maximum
compaction throughout the entire length of backfill. Type 2RC stone
shall be used in all backfilling. The method of backfilling shall
be consistent with good engineering practice, i.e., the material shall
be placed in layers not to exceed six inches properly tamped using
a mechanical tamper or a mechanical vibrator up to the bottom elevation
of the pavement structure. All backfill shall be compacted in accordance
with PennDOT Specifications, Publication 408, § 206.3, as
amended.
G.
Temporary restoration. The permittee shall be responsible for all
costs of constructing and maintaining temporary and permanent restorations
of disturbed areas. Temporary restoration shall consist of a minimum
of two inches of bituminous material placed until permanent restoration
can be completed, at which time the public utility shall notify the
Township to complete an inspection.
H.
Permanent restoration.
(1)
Only public utilities or their contractors shall be permitted to
make permanent restoration of openings in pavements. The restored
pavements shall be guaranteed from failure for a period of two years
from the date of acceptance. Permanent restoration shall be completed
no sooner than within 30 days nor later than within 60 days of the
initial cut. Any pavement cut made in the months of November through
March shall be permanently restored within 30 days after hot asphalt
becomes available.
(2)
Existing base and surface must be exposed six inches on each side
on any failures that may have developed.
(3)
Permanent restoration of flexible base pavements shall consist of
six inches of 2A stone subbase, five inches of bituminous concrete
base course, and two inches of ID-2 wearing course rolled to conform
with the existing road, and the edges sealed with AC-20. All openings,
regardless of size, must be permanently restored in accordance with
PennDOT Specifications, Publication 408, as amended and superseded.
(4)
Upon any failure of restoration being reported to a public utility,
the pertinent public utility shall begin repairs within 24 hours after
such notification. Upon failure of the public utility to repair the
cut in a satisfactory manner, the Township shall have the option to
complete the work or to contract to complete the work and to invoice
the public utility which shall be responsible for the cost of same.
(5)
The permanent restoration of special-type pavements, such as concrete,
brick, paving block, etc., shall consist of relaying the original
wearing course in accordance with the original installation specifications
in such a manner as to prevent settlement or other deterioration.
(6)
The permanent restoration of chip-seal-type pavements shall consist
of a minimum of two applications of the original wearing course, specifications
to be provided by the Township.
I.
Monuments and survey markers. No monument or survey marker may be
removed or altered at any time. When work in the right-of-way requires
the temporary removal of a limestone monument or survey marker, it
must be preserved at the site and reset at the direction of a registered
surveyor. All costs incidental thereto, including surveys, shall be
charged to the public utility or contractor.
J.
Test borings. All test holes and boring in the right-of-way shall
require a permit. Restoration of bore holes shall follow immediately
after testing with the application of asphalt permanent restoration
or other water-resistant plugs.
K.
Replacement of pavement markings. The utility and/or its contractor
shall replace, in kind, all pavement markings damaged or removed by
pavement cutting or work incidental thereto. All markings must be
replaced within five days after permanent restoration. The Township
may contract to have the necessary repairs made and invoice the utility.
L.
Replacement of electronic traffic control devices and ancillary equipment.
(1)
Electronic traffic control devices and ancillary equipment damaged
or removed because of pavement excavations or work incidental thereto
shall be replaced by the utility or its contractor, in kind, in whole
or in part as required by the Township.
(2)
If not replaced in a timely manner, the Township shall contract to
have the necessary repairs made and invoice the utility.
M.
Testing and inspection.
(1)
The Township may, at the discretion of the Township, assign a qualified
construction inspector to inspect all permitted work. The Township
shall assign the inspector to inspect the work, as needed, to assure
that the work is adequate and sufficient to insure the integrity of
the work. Adequate level of qualification for the inspector shall
be as determined by the Township Engineer. Level of inspection shall
be as determined by the Township.
(2)
The cost for inspection shall be the responsibility of the permittee
or, in case of emergency repairs, the public utility responsible for
the work.
N.
Repaving and reconstruction.
(1)
Public utilities provided notification from the Township of a planned
street resurfacing or reconstruction shall be required to test their
lines and services and schedule necessary capital improvements and
service connections prior to planned commencement of resurfacing or
reconstruction.
(2)
Pavement cuts shall be prohibited in new pavement except when the
following conditions exist: Pavement cuts in new pavement shall be
allowed only in the event of emergency, or installation of primary
essential service, and only in the event that no other reasonable
alternative for placement or repair (e.g., subsurface boring with
casing) exists.
(3)
Pavement shall be considered new for a period of five years from
the date of placement.
Any person, firm or corporation who shall violate any provision
of this subarticle, upon conviction thereof in an action brought before
a Magisterial District Judge in the manner provided for the enforcement
of summary offenses under the Pennsylvania Rules of Criminal Procedure,
shall be sentenced to pay a fine of not more than $1,000, plus costs,
and, in default of payment of said fine and costs, to a term of imprisonment
not to exceed 90 days. Each day that a violation of this subarticle
continues or each section of this subarticle which shall be found
to have been violated shall constitute a separate offense.
[Adopted 2-8-1999 by Ord.
No. 201]
This subarticle shall be known and may be cited as the "Harris
Township Fire Lane Ordinance."
This subarticle is enacted and ordained under the grant of powers
by the General Assembly of the Commonwealth of Pennsylvania, the Pennsylvania
Municipalities Planning Code, Act of 1968, July 31, P.L. 805, as amended.[1]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
This subarticle shall be enacted for the following purposes:
The community development objectives of this subarticle are
the goals, objectives, and policies of the Centre Region Comprehensive
Plan, as applicable to the purposes of this subarticle.
The following regulations shall apply to all properties located
within the boundaries of Harris Township:
A.
Designation of no-parking areas. Whenever the Fire Chief, the Board
of Supervisors, or their designee shall determine that the parking
of motor or other vehicles on any portion of any public or private
street, retail property, multifamily parking lot, or school is likely
to interfere with the operation of the Fire Company or seriously hamper
egress of occupants from buildings in case of fire, he shall designate
such areas as no-parking areas. The Fire Chief shall provide such
designations in writing, including the use of maps or sketches, to
the Harris Township Board of Supervisors. The Board of Supervisors
shall consider such recommendations of the Fire Chief and shall either
approve or disapprove such designated locations. If approved, each
designated no-parking area shall be added to a list, be numbered consecutively,
and the list shall be maintained in the Township office. Such list
may be modified by the Board of Supervisors after written recommendations
by the Fire Chief.
B.
Marking of fire lanes; time limit for compliance.
(1)
Once fire lanes are established, such fire lanes shall be marked,
under the direction of the Fire Chief, by the following appropriate
methods:
(a)
By posting signs in such areas reading "Fire Lane - No Parking"
in accordance with state regulations.
(b)
By the painting of lines four inches in width on the roadway
or parking surface indicating the area.
(c)
By painting the words "Fire Lane - No Parking" in letters three
feet wide on the roadway or parking surface.
(2)
It shall be the responsibility of the property owner to designate
the fire lane by one of these three methods within 30 days of notification
by the Township. Whenever the state or Township regulations for marking
fire lanes change, the property owner shall comply with the new standards
within 90 days of notification. Failure to comply shall result in
the enforcement of this subarticle as described herein.
C.
Temporary no-parking areas. In the event of an emergency or special
condition whereby the Fire Chief shall determine that the parking
of vehicles is likely to interfere with the operation of the Fire
Company in any public or private street, retail property, multifamily
building parking lot or school, the Fire Chief shall notify the Police
Department of such condition. The Police Department may post signs
in such areas reading "No Parking - Temporary Fire Lane." Such signs
shall be removed by the Police Department, based upon consultation
with the Fire Chief, when such emergency or special condition ceases.
D.
Violations and penalties. It shall be unlawful and a violation of this subarticle for any person to park or leave standing any vehicle within any fire lane established and marked as set forth in Subsection B herein or in any temporary no-parking area as set forth in Subsection C herein. In addition, it shall be unlawful for property owners to fail to designate fire lanes determined appropriate by the Township as provided in Subsection B. Any such person, upon conviction thereof in an action brought before a Magisterial District Judge in the manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure, shall be sentenced to pay a fine of not less than $50 nor more than $1,000, plus costs, and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 90 days. Each day that a violation of this subarticle continues or each section of this subarticle which shall be found to have been violated shall constitute a separate offense. The continued violation of this subarticle for a period of more than two hours shall constitute a new and separate offense for each successive additional two-hour period.[1]
E.
Notice of violation; time limit for payment of fine.
(1)
It shall be the duty of the Police Department upon finding any vehicle
parked in violation of the provisions of this subarticle to report:
(2)
In the event that the Fire Chief identifies a violation of this subarticle,
the information outlined above shall be provided by the Fire Chief
to the Police Department. On finding a vehicle parked in violation
of the provisions of this subarticle, the police officer shall attach
to such vehicle, where possible, a notice that such vehicle was parked
in violation of this subarticle and instructing such owner or operator
to report to the Township office.
(3)
Each owner or operator receiving such notice may, within 48 hours
of the time when the notice was attached to such vehicle, pay to the
Township office of the Township as a penalty and in full satisfaction
of such violation the sum of $50. The failure of payment being made
within such forty-eight-hour period shall render such owner or operator
subject to the penalties herein provided for violation of this subarticle.
Any vehicle left unattended on any highways, public rights-of-way,
or on other public property in the Township or left unattended on
private property may be removed under the provisions of this subarticle.
The Township Manager, Fire Chief, or any police officer is authorized
to decide whether to remove any vehicle in violation of this subarticle.
