[Ord. 02-05-03, 5/20/2002, § 1]
In accordance with the provisions of § 2322 of the
Second Class Township Code, Act 60 of 1995, as amended, no railroad
or street railway shall be constructed upon any Township road, nor
shall any railroad or street railway crossings, driveway connections,
gas pipes, water pipes, electric conduits or other piping be laid
upon or in, nor shall any telephone, telegraph or electric light or
power poles or any coal tipples or any other obstructions be erected
upon or in any portion of a Township road, except under conditions,
restrictions and regulations specified in permits granted by the Township
for that purpose.
[Ord. 02-05-03, 5/20/2002, § 2]
No person, firm, corporation or other entity within the Township
shall construct a driveway or install a utility within a street right-of-way,
except as permitted by this Part.
[Ord. 02-05-03, 5/20/2002, § 3]
1.
A permit must be acquired from New Britain Township for any work
within a Township right-of-way and from the Pennsylvania Department
of Transportation (PennDOT) for any work within a state right-of-way
where such work involves construction or alteration of a driveway
or installation of utility or other structures.
2.
An application for a driveway permit shall be submitted in the name
of the owner or equitable owner of the property.
3.
An application for a road opening permit for utility installation
must be submitted in the name of the owner or operator of the facility.
4.
Forms, plans and fees shall be submitted in accordance with regulations
and procedures adopted by either New Britain Township or PennDOT for
work in Township or state rights-of-way, respectively. The application
fees for work within Township rights-of-way shall be specified in
the schedule of fees adopted by resolution by the Board of Supervisors.
[Ord. 02-05-03, 5/20/2002, § 4]
1.
This Part represents minimum requirements of certain types of activities within Township or state rights-of-way. Activities associated with approved subdivisions or land developments shall be subject to any additional requirements of the final plans as approved by New Britain Township and/or PennDOT. Any activity not regulated by the Subdivision and Land Development Ordinance [Chapter 22] of New Britain Township shall be regulated by requirements of these rules and regulations.
2.
A drainage control plan and analysis shall be submitted whenever
an increase in flow of water into a street or into existing drainage
facilities will result from the proposed activity. The design of all
drainage facilities shall be based on the Rational Method, as determined
by the PennDOT Design Manual, Part 2, as amended, and the U.S. Department
of Commerce, Hydraulic Design Series No. 5, Hydraulic Design of Highway
Culverts, as amended.
3.
All construction work, structures, paving and facilities shall conform
to the design standards of PennDOT publications 408 and 72 (Road Construction
Standards), as amended. Work shall be done at such time and in such
a manner as shall be consistent with the safety of the public. Any
work within Township or state rights-of-way shall conform to all requirements
and standards of PennDOT except as otherwise supplemented or modified
by these rules and regulations. In the event regulations conflict,
the most stringent regulations shall apply. If, at any time, it is
found the work is not being done or has not been properly performed,
the permittee, upon being notified, in writing, by either the Township
or PennDOT, may immediately take the necessary steps, at its own expense,
to replace the work in a condition to conform to such requirements
or standards. In case any dispute arises between the permittee and
the representative of the owner of the right-of-way, the owner's
representative shall have the authority to suspend work until the
question at issue can be decided by the Township and/or state.
4.
The following PennDOT provisions shall regulate the occupancy of
all Township and state rights-of-way, unless otherwise required by
an approved subdivision or land development plan, the Township Engineer
or PennDOT officials:
5.
A traffic control plan must be submitted to either close any portion
of a travel lane during construction, during the hours of darkness
when no active work is in progress or to detour traffic in order to
perform the permitted work. All plans shall conform with § 6123
of the Motor Vehicle Code, as amended, and the applicable provisions
of Pennsylvania Code, Title 67 Transportation, Chapter 203, as amended.
[Ord. 02-05-03, 5/20/2002, § 5]
1.
Driveways shall be located at least 40 feet from street intersections,
measured from the center line of the driveway to the point of intersection
of the street ultimate right-of-way lines (extended). When streets
of different classifications are involved, driveways shall provide
access to the street of lesser classification.
2.
Driveways shall be provided with a stopping area of 20 feet, at a
maximum grade of 3%, measured from the edge of cartway. In order to
provide access for emergency vehicles, the maximum center-line grade
for any portion of the driveway shall not exceed 8% and the maximum
change in grade shall not exceed 6%.
3.
Driveways shall be paved for a minimum of 50 feet from the edge of
the street or to the ultimate right-of-way, whichever is greater.
The pavement construction shall be in accordance with the attached
construction detail.[1] In the event additional width or a supplemental thickness
is required by other rules and regulations of the Township or PennDOT
or as may be necessitated by site conditions, these minimum requirements
shall be increased appropriately.
[1]
Editor's Note: Construction detail is on file and may
be seen at the Township offices.
4.
Driveways shall have a minimum radius of curvature at the street
intersection of 10 feet.
5.
A minimum distance of five feet shall be maintained between the driveway
and the side lot lines.
6.
Driveways shall have a minimum turnaround area of 10 feet by 20 feet.
7.
A fifty-foot clear sight triangle must be provided for all driveways,
measured from the point of intersection of the street right-of-way
line and edge of the driveway. The site plan shall contain a notation
that states that the applicant is required to maintain the area of
the clear sight triangle and the Township has the right to enter and
perform required maintenance in the area if deemed critical to public
welfare.
8.
Sight distances for all driveways shall comply with Pennsylvania
Code, Title 67 Transportation, Chapter 441, Access and Occupancy of
Highways by Driveways and Local Roads, as amended.
9.
When a sidewalk is proposed across a driveway, a concrete apron shall
be installed in accordance with the attached construction detail.[2] When a curb is proposed along a driveway, depressed curb
shall be installed in accordance with the attached construction detail.
[2]
Editor's Note: Construction detail is on file and may
be seen at the Township offices.
10.
A fifteen-inch RCP culvert, or equivalent size, shall be provided
for all driveways. The minimum culvert length shall be 24 feet, with
flared end sections and end-walls. Where an existing roadside drainage
swale is too shallow to permit installation of a driveway culvert,
a concrete trench box with grate may be utilized upon approval of
the Township.
[Ord. 02-05-03, 5/20/2002, § 6]
All utility installation and pavement trench restoration shall
be in accordance with the attached construction details.[1]
[1]
Editor's Note: Construction detail is on file and may
be seen at the Township offices.
[Ord. 02-05-03, 5/20/2002, § 7]
Upon completion of the work authorized by the permit, the Township
shall inspect the work and when necessary, enforce compliance with
the conditions, restrictions and regulations prescribed by the Township.
In addition to such inspection, the Township may reinspect the work
not more than two years after its completion and if any settlement
of the road surface or other defects shall appear in the work contrary
to the conditions, restrictions and regulations of the Township, it
may enforce compliance therewith. If the applicant shall fail to rectify
a defect which presents an immediate or imminent safety or health
problem in 48 hours or any other defect within 60 days after written
notice from the Board of Supervisors to do so, the Board of Supervisors
or its agents may do the work and impose upon the applicant the costs
thereof together with an additional 20% of the costs, which may be
recovered by a civil action in the Court of Commons Pleas of Bucks
County.
[Ord. 02-05-03, 5/20/2002; as added by Ord. 2012-07-01, 7/16/2012,
§ I]
1.
If any contractor performing work in New Britain Township damages,
knocks down, or otherwise causes a failure to any traffic signal equipment
located in the Township, the contractor shall be responsible for the
repairing, replacing or resetting of any traffic signal equipment
damaged or disturbed in accordance with the following requirements:
A.
Immediately (within one hour) alert New Britain Township Police Department
of any and all damages, and identify the type of repair permitted
as stated and according to PennDOT Publication 191, Exhibit 3.2: Response
Maintenance Schedule, which identifies the types of repairs permitted
and not permitted for various knockdowns and failures.
B.
Provide emergency or final repair (within four hours) related to
damage, knockdown, or cause failure in accordance with PennDOT Publication
191, Exhibit 3.2: Response Maintenance Schedule.
C.
In the event temporary repair is provided in-lieu-of emergency or
final repair, final or permanent repair must be provided within one
calendar week of damages or notice of delay must be provided to the
Township with said time frame along with information regarding the
estimated time for completion of final repair along with an explanation
of delay.
D.
If defects cannot be satisfactorily repaired or corrected to Township
satisfaction within one calendar week, contractor shall provide reimbursement
for any expenses incurred by New Britain Township for repairs.
E.
For long-term traffic signal outages where flashing mode is not possible,
an alternative traffic control method must be coordinated with PennDOT
Engineering District 6-0 and the New Britain Township staff.
[Ord. 02-05-03, 5/20/2002, § 8; as amended by Ord.
2007-02-01, 2/12/2007; and by Ord. 2012-07-01, 7/16/2012, § II]
1.
Enforcement Remedies.
A.
Any person, partnership or corporation who or which has violated
or permitted the violation of the provisions of this Part shall, upon
being found liable therefor in a civil enforcement proceeding commenced
by the Township, pay a judgment of not more than $1,000 plus all court
costs, including reasonable attorney fees incurred by the Township
as a result thereof. No judgment shall commence or be imposed, levied
or payable until the date of the determination of a violation by the
Magisterial District Judge. If the defendant neither pays nor timely
appeals the judgment, the Township may enforce the judgment pursuant
to the applicable rules of civil procedure. Each day that a violation
continues or each section of this Part which shall be found to have
been violated shall constitute a separate offense.
B.
Nothing contained in this section shall be construed or interpreted
to grant to any person or entity other than the Township the right
to commence any action for enforcement pursuant to this section.
C.
Magisterial District Judges shall have initial jurisdiction over
proceedings brought under this section.
