[Ord. No. 191,
passed 5-11-1989]
This chapter shall be known and cited as the "Streets and Sidewalks
Ordinance of the Township of Upper Providence."
[Ord. No. 191,
passed 5-11-1989]
(a)
All matters concerning the construction, placing, opening, breaking,
excavation, repair or alteration of any highway, street, curb, gutter
or sidewalk, and their appurtenant structures, shall be considered
within the scope of this chapter.
(b)
No highway, street, curb, gutter or sidewalk shall be constructed,
placed, opened, broken, excavated, repaired or altered within the
Township except in conformity with the provisions of this chapter
and any rules promulgated under the provisions of this chapter, these
Codified Ordinances and the Acts of Assembly of the Commonwealth of
Pennsylvania and any rules promulgated thereunder.
(c)
No highway, street, curb, gutter, sidewalk or part thereof, already
existing or hereafter to be constructed in the Township, shall be
altered in any manner that would violate any of the provisions hereof
or any rule promulgated hereunder.
(d)
No driveway or other private access shall be connected or opened
upon a street, highway or other public right of way in the Township
after the effective date of this chapter, except in conformity with
this chapter.
[Ord. No. 191,
passed 5-11-1989]
The Township Engineer or his or her designee and the Public
Works Superintendent are authorized to inspect the highways, streets,
curbs, gutters and sidewalks within the Township and shall be authorized,
upon consultation with the Township Secretary, to order the necessary
repairs as hereinafter outlined in this chapter.
[Ord. No. 191,
passed 5-11-1989]
All owners of property abutting upon the highways and streets
of the Township are hereby required to keep the gutters, curbs and
sidewalks in front of, along or upon the premises or lots owned by
them in good order and repair and at all times to keep level with
said sidewalks all water, gas, sewer or drain stop boxes or vent boxes
and to keep said sidewalks at all times free and clear from obstruction
to safe and convenient passage.
[Ord. No. 238,
passed 7-9-1992]
The Township requires that owners who make repairs to their
sidewalks and curbs comply with the standards set forth in the Pennsylvania
Department of Transportation Construction Standard RC-67 in the location
and construction of wheelchair access points to sidewalks.
[Ord. No. 191,
passed 5-11-1989]
Upon certification of the Township Engineer to the Township Secretary, in writing, upon a form prescribed by the Township Council, the Secretary shall notify the last known property owner to construct or repair any curb, gutter or sidewalk or to remove any obstruction therefrom within 60 days of the date of said notice. The property owner has a right to appeal this determination to the Township Council within 60 days of the date of the notice. In the event of the failure of the owner to construct, make repairs or timely appeal the notice, the Township Engineer, any time after sixtieth day following said notice, shall order and cause such curb, gutter or sidewalk to be repaired or any obstruction to be removed, and the cost and expense thereof shall be charged against said property owner in accordance with Section 1020.06.
[Ord. No. 191,
passed 5-11-1989]
(a)
Upon certification of the Township Engineer or Public Works Superintendent of the completion of any work ordered pursuant to Section 1020.05, the Township Secretary shall bill the property owner the entire expense or cost thereof, including, but not limited to, design, administrative, construction and inspection costs in the quantities and amounts as certified by the Township Engineer or Public Works Superintendent, together with an overhead cost of 10% thereon, by registered mail, upon a form prescribed by the Township Council.
(b)
Upon failure to pay such bill within 60 days after the date thereof,
the same shall be collected from said property owner(s) in the manner
prescribed by law and the Township Solicitor shall place a Municipal
lien upon said property.
(c)
Any property owner may, within the prescribed sixty-day period, authorize
the Township Council to proceed with the work order and pay for said
work as stated herein.
[Ord. No. 191,
passed 5-11-1989]
The Township Manager and Public Works Superintendent shall be authorized to make necessary emergency repairs upon 48 hours notice when the public safety or health is endangered. Such repairs shall be assessed as stated in Section 1020.06.
[Ord. No. 191,
passed 5-11-1989]
(a)
No highway, street, curb, gutter or sidewalk shall be constructed,
placed, repaired or altered by any person, firm, association or corporation
without a permit for the same first having been secured as provided
in this chapter.
(b)
No portion of any highway, street, curb, gutter or sidewalk shall
be opened, broken or excavated by any person, firm, association or
corporation for the purpose of laying pipes, sewers, drains or electric
conduits of any description, or for making connections therewith or
repairs thereto, or for the setting or planting of telegraph, telephone,
electric light or other poles on or along said highway, street, curb,
gutter or sidewalk, or for repairs thereto or renewals thereof, or
for any other purpose, nor shall tunnelling under or undercutting
of highways, streets, curbs, gutters and sidewalks be permitted without
a permit for same first having been secured as provided in this chapter.
(c)
No railroad or street railway shall hereafter be constructed upon
any Township road, nor shall any railroad or street railway crossing,
nor any other obstruction, be erected upon or in any portion of any
highway or street within the Township without a permit for the same
having first been secured as provided in this chapter.
(d)
No driveway or other private access shall be connected or opened
upon a street, highway or other public right of way in the Township
after the date of this chapter without a permit for the same first
having been secured as provided in this chapter.
[Ord. No. 191,
passed 5-11-1989]
(a)
Application for a permit shall be made in writing, on a form approved by the Township Council, and shall be filed in triplicate with the Township Secretary. The application shall set forth the purposes of the applicable proposed activity under Section 1020.08, and shall be accompanied by the required fee, any security required, and three copies of sketch plans and profiles showing such dimensions and portion(s) of the highway to be occupied, right-of-way lines, and such other information as may be required by the Township Engineer.
(b)
The application shall likewise set forth that the applicant agrees
to do all of the work to the satisfaction of the Township Engineer
and that the applicant agrees to assume all liability for any and
all damages accruing to the public or to the Township, which may result
from the work to be done by the applicant and to indemnify and hold
harmless the Township from any liability caused by the applicant's
construction or repairs.
(c)
The application must be signed by the owners of the property for
whom such work is to be done or by any person, firm, association or
corporation serving as general contractor for the performance of said
work.
[Ord. No. 191,
passed 5-11-1989]
Fees for permits required under this chapter shall be as determined
by the Township Council by resolution and shall be on file in the
office of the Township Secretary.
[Ord. No. 191,
passed 5-11-1989]
No application for permit under this chapter shall be approved
for construction or repair of streets and adjacent areas dedicated
to the Township or intended to be dedicated to the Township unless
the applicant has posted financial security for completion of the
work for which the permit is sought as provided herein. Such financial
security shall be posted with a bonding company or Federal or Commonwealth
chartered lending institution authorized to conduct such business
within the Commonwealth of Pennsylvania. Irrevocable letters of credit
and restrictive or escrow accounts in such lending institutions shall
be deemed acceptable financial security for the purposes of this section.
The amount of such financial security shall be equal to 110% of the
cost of completion of the work, including restoration of all disturbed
areas within the public right of way, including, without limitation,
the restoration of highways, streets, driveways, curbs, gutters and
sidewalks to Township standards as estimated or confirmed by the Township
Engineer. Unless extended by the Township Engineer for good cause
shown, all work shall be completed by the applicant within 60 days
of the application approval date.
The Township Council shall require the continuing posting of
the financial security to secure structural integrity of said work
and/or improvements arising therefrom as well as the functioning of
said work and/or improvements in accordance with the Township standard
for a term not to exceed six months from the date of acceptance of
the construction work.
Prior to issuing the permit, the applicant shall enter into
a construction work agreement and a security agreement with the Township
in a form acceptable to the Township Solicitor. Upon compliance with
this chapter, including the execution of the agreements and payment
of the required fees, the Township Secretary is authorized to execute
the above agreements on behalf of the Township and issue the permit.
When the applicant has completed the work, the applicant shall
notify the Township Secretary, in writing, of completion, and shall
send a copy thereof to the Township Engineer. The Township Engineer
shall inspect the work and shall file a report, in writing, within
30 days after receipt of the applicant's notification of completion.
The report shall indicate approval or rejection of the work done,
either in whole or in part. If said work, or any portion thereof,
shall not be approved by the Township Engineer, the report shall contain
a statement of reasons for such non-approval. The Township Council
will review the Township Engineer's report at the next meeting of
Township Council after receipt of the Township Engineer's report and
take action thereon. The Township Council shall thereafter notify
the applicant of the action of the Township Council relative thereto.
If any portion of the work shall not be approved or shall be rejected
by the Township Council the applicant shall proceed to complete the
same, and, upon completion, the same procedure of notification as
outlined herein shall be followed.
The applicant shall reimburse the Township for the expenses
incurred for inspection of the work and preparation of the construction
agreement and security agreement. Such reimbursement shall be based
upon a schedule established by the Township Council by resolution
from time to time. In the event that any improvements arising from
any work have been improperly installed or are not in accord with
Township standards, and any deficiency has not been cured by the applicant
within 15 days of notice from Township Council the Township Council
shall enforce any corporate bond or other security by appropriate
legal and equitable means. If the proceeds of such bond or other security
are insufficient to pay the cost of installing or making repairs or
corrections as necessary, the Township Council shall complete the
work and may institute appropriate legal or equitable action to recover
the monies necessary to complete the remainder of the improvements.
[Ord. No. 191,
passed 5-11-1989]
(a)
Application for a permit for the construction, placing, opening,
breaking, excavation, repair or alteration of any highway, street,
curb, gutter or sidewalk and for an application to connect or open
a driveway upon a highway or street, shall be subject to the approval
of, and shall be made upon such terms and conditions as may be imposed
by the Township Engineer.
(b)
The Township Engineer shall approve all lines and grades for any
work. Such work shall not be commenced without such approval. All
applications shall contain a plan and profile of the proposed work.
Upon receipt of any application, the Township Secretary shall authorize
the Township Engineer to establish the lines and grades thereof.
(c)
All curbs and sidewalks shall be constructed in accordance with Township
standard specifications. The Township Council upon advice of the Township
Engineer may permit a variance from the standards for good cause shown.
(d)
All driveways connecting an opening upon a highway, street or other
public right of way after the date of this chapter shall be constructed
in accordance with the standards as set forth in PennDOT Publication
Number 70, Guidelines for Design of Local Roads and Streets, as may
be amended from time to time.
[Ord. No. 191,
passed 5-11-1989]
A permit shall be issued to the applicant after all the aforementioned
requirements have been filed and all prescribed fees and costs are
paid.
[Ord. No. 191,
passed 5-11-1989]
Any permit issued by the Secretary of the Township Council shall be valid for a period of 30 days from the date of issue. If work is not commenced within 30 days and diligently pursued until completion, such permit shall, at the expiration of said 30 days, become null and void without any refund being made therefor. Thereafter, a new permit shall be required in the event that it is desired to proceed with the work contemplated in the voided permit. As provided in Section 1020.11, all work shall be completed by the applicant within 60 days of approval of the application for a permit unless extended by the Township Engineer for good cause shown.
[Ord. No. 191,
passed 5-11-1989]
It shall be the duty of the person, firm, association or corporation
to whom the permit has been granted to protect all openings, materials
and obstructions of any kind in or on a highway or sidewalk by use
of appropriate danger signals which shall be kept lighted from sunset
to sunrise and by such fences, barricades or other protective devices
as may properly protect the public as approved by the Township Engineer.
[Ord. No. 191,
passed 5-11-1989; amended 7-14-2016 by Ord. No. 495]
(a)
All openings, excavations or breaks shall be filled immediately with
suitable materials in all respects satisfactory to the Township Engineer,
and any sidewalk, curb and gutter shall be replaced with the same
type of paving as existed prior to the work undertaken, unless otherwise
approved by the Township Engineer. All work shall be done to the satisfaction
of the Township Engineer and in accordance with all Township and PennDOT
standards and specifications, as set forth in PennDOT Publication
Number 70, Guidelines for Design of Local Roads and Streets, as may
be amended from time to time.
(b)
Any person who shall make an opening or excavation in any highway
in the Township of Upper Providence shall perform all such opening
or excavation work and the restoration work required hereunder in
accordance with the standards and provisions set forth in 67 Pa. Code
§ 459.8, as amended. Likewise, any aboveground construction
shall be performed in accordance with 67 Pa. Code § 459.9.
All references in the foregoing Code sections to the "District Office,
the Department of Transportation" or similar references shall be deemed
to be references to the Township of Upper Providence.
(c)
In addition to the foregoing work standards, the Township Engineer
shall be entitled to promulgate rules and regulations governing the
opening, excavation, refilling, resurfacing and repaving of highways
in the Township of Upper Providence, and after the same have been
approved by the Council of Upper Providence Township and entered upon
the minutes of Council, any work to be done or performed by any applicant
or permitted governed by the terms of this article shall be done in
compliance with such rules and regulations. Copies of said rules and
regulations shall be furnished to any person making application hereunder.
(d)
If and to the extent that any person shall open or excavate any portion
of a highway in a manner which results in 20 linear feet or more of
such highway being excavated on one side of the highway only, then
such person shall be required to repave the highway the full length
of the excavation from the center line of the highway to the curb
or edge of highway where no curb exists on the side of the highway
on which the excavation occurred; or in a manner which results in
20 linear feet or more of highway being excavated and such excavation
occurs on both sides of the highway, then such person shall be required
to repave the highway the full length of the excavation from curb
to curb or edge of highway to edge of highway where no curb exists.
(e)
Whenever excavations are less than six feet apart, restorations must
include all trenches together in accordance with regulations.
(f)
Restoration work must be completed as soon as possible following
completion of the work for which the digging or excavation was performed,
and in all cases temporary restoration work shall be completed no
later than 24 hours after such underlying work is completed and permanent
restoration work shall be completed no later than 90 days after such
underlying work is completed. Each day that such excavation work is
not competed in compliance with these timing requirements shall be
considered a separate offense and violation of this chapter.
[Ord. No. 191,
passed 5-11-1989]
Whenever the exigencies of public health or safety require that
instant repairs be made and the procurement of a permit prior to the
commencement of the work is impracticable, it shall be lawful for
said work to begin without a permit, provided that an application
for said permit is filed and the proper fee paid therefor within 48
hours from the time when the emergency arose, which application shall
set forth the nature of the exigency aforesaid, and provided, further,
that any person or persons, firm, association or corporation beginning
said work under this section shall do so subject to the conditions
and obligations imposed by this chapter upon persons, firms, associations
or corporations constructing, placing, opening, breaking, excavating,
repairing or altering any highway, street, curb, gutter or sidewalk,
as though an application for a permit had been filed.
[Added 6-12-2014 by Ord. No. 483]
(a)
Snow removal; terminology.
(1)
Every owner, occupant and/or tenant of any property which abuts
a sidewalk or public walkway in the Township of Upper Providence shall
remove or cause to be removed all snow from that sidewalk or walkway
within 24 hours after the national or local weather service determines
that the major accumulation of a storm has ended. The pathway shall
be cleared and a pathway with a minimum width of three feet shall
be created. If the owner, occupant or tenant chooses to not personally
clear the sidewalk or walkway, he or she shall contract another party
to clear it for them, meeting any and all requirements of this section.
(2)
An "owner, occupant and/or tenant" is defined, for the purposes
of this section, as any or all of the following, including, but not
limited to: an individual, person, partnership, business, corporation
or any other legal entity, and the term "he/she" shall be applicable
to all such terms.
(b)
Ice removal. Every owner, occupant and/or tenant of any property
which abuts a sidewalk or public walkway in the Township of Upper
Providence shall remove or cause to be removed any and all ice on
the sidewalk or walkway or make the sidewalk or walkway safe for travel
by pedestrians, through the application of a salt, sand, ashes or
similar material, or a similar antiskid material approved by the Code
Enforcement Officer.
(c)
Municipal clearing. If an owner, occupant and/or tenant fails to comply with this section, the Township of Upper Providence may elect to clear the snow and/or ice. The owner, occupant and/or tenant shall be responsible for any and all costs, plus any interest associated with the removal through the placement of a municipal lien or civil action instituted by the Township. These costs are exclusive of any and all fines and/or penalties provided in Subsection (e) of this section.
(d)
Enforcement.
(1)
The Code Enforcement Officer is authorized to enforce the provisions
of this article and to serve a notice of violation at the property
in violation.
(2)
The notice of violation shall indicate the time the Township
determines that a violation exists and provide a time period for the
property owner, occupant and/or tenant to comply in order to avoid
municipal clearing or penalties.
(e)
Violations and penalties. Any person, firm or corporation violating any provisions of this chapter shall, upon summary conviction before any District Justice, be punishable as provided in Section 1020.99. Each and every day in which any person, firm or corporation shall be in violation of this chapter shall constitute a separate offense.
