[Adopted 2-17-2004 by Ord. No. 2004-154]
This article shall be known and may be cited as the "Carroll
Township Road Ordinance."
The Board of Supervisors recognizes that the rights-of-way of
Carroll Township provide essential access to the residents of the
Township and the traveling public, and that the Township has worked
diligently to maintain said rights-of-way in good repair. Further, it
is recognized that the design and construction of infrastructure within
these rights-of-way must be held to a reasonable standard in order
to help ensure the long-term maintenance and durability of infrastructure.
And finally, it is recognized that uniform procedures and regulations
are needed for the dedication by developers and acceptance by the
Township of constructed improvements.
Certain documents, being marked and designated as Pennsylvania
Department of Transportation, Publication 408; Roadway Construction
Standards (RC Standards); Publication 203 - Work Zone Traffic Control,
Pa. Code Title 67, Chapters 441 and 459, are hereby adopted as the
design and construction specifications of the Township, and each and
all of the regulations contained in the said document are hereby adopted
by the Township except as may be modified from time to time by resolution
of the Township in accordance with this article. It is the intent
of the Board to adopt all subsequent amendments and revisions to the
said documents. If such an intent is found invalid by a court of competent
jurisdiction, it is the intent of the Board to adopt the said chapters
as they existed on the effective date of this article.
It shall be unlawful for any entity to open or make any excavation
of any kind in any right-of-way of the Township without first securing
a permit therefor in accordance with Township regulations. The obtaining
of said permit for work constructed by the Township Road Department
is hereby waived.
A.
All permit applications shall be on the forms prescribed by the Township, and all design drawings associated with the permit application shall clearly and legibly demonstrate compliance with those applicable provisions of Chapter 435, Subdivision and Land Development Ordinance (SALDO), as most recently amended, Chapter 428, Stormwater Management Ordinance (SMO), as most recently amended, and this article (including the referenced documents described in § 334-28).
B.
All permit applications must be submitted to the Township and include
all information and documentation as required by this article. If
revisions to plans are to be considered by Township, they must include
a written response to the Township's review comments, and include
a complete set of drawings.
C.
All permit applications must include an insurance certificate proving
the applicant has general liability insurance in an amount not less
than $1,000,000 USD per occurrence. Said insurance certificate must
provide for a thirty-day written notice to the Township of cancellation.
D.
The Township shall review the permit application, and determine if
it meets the standards of this article within 14 days of the filing
of the permit application. Said determination shall be communicated
to the applicant within 21 days of the filing of the permit application.
E.
In the event of an emergency, a permit application must be filed
within five business days following the emergency street opening,
and the permit shall be retroactive to the date when the work began.
Emergencies do not relieve the applicant from following the construction
standards enumerated in this article. Further, the scope of the work
described and completed in association with the emergency shall be
limited to that work necessary to satisfy the emergency. Any entity
performing work associated with an emergency shall notify the Township
Police Department prior to commencing the emergency work.
F.
The Board may, by resolution, establish a fee schedule and collect
fees to cover the Township's actual costs of administering this
article. Required fees must accompany the permit application.
G.
Each permit application shall include a performance bond as required
by this article.
From time to time, the Township may revise the design and construction standards as cited in § 334-28, through adoption of supplemental requirements, by resolution.
To guarantee satisfactory construction and installation of the
infrastructure, the applicant shall provide a performance bond, irrevocable
letter of credit, or cash equivalent in the amount of 110% of the
estimated construction cost. The estimated construction cost shall
be estimated by the applicant and concurred to by the Township. When
the proposed work is not governed by the bonding requirements of the
SALDO or the SMO, the Township may waive the bond requirement when
he finds that the proposed improvement will have negligible effect
on the integrity of the infrastructure within the Township's
right-of-way. In the event the Township and the applicant cannot reach
agreement on the amount of the bond, then the procedures for resolution
of such a dispute as contained in the Pennsylvania Municipalities
Planning Code[1] shall govern and be followed. Bonding shall include, as
a minimum, the costs for materials and installation, compaction, compaction
testing, restoration, as-built drawings, survey, and construction
inspection.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
Blasting within Township right-of-way is prohibited. Blasting
for the construction of infrastructure associated with proposed development
where the development plans indicate the intent to offer dedication
of right-of-way to the Township is prohibited.
All infrastructure shall be constructed in strict accordance
with the approved permit. A copy of the approved permit and associated
design drawings shall be kept at all times on the construction site.
Notwithstanding the provisions of this section, the Township reserves
the right to approve changes during construction. All permit changes
shall be documented in writing.
A.
The applicant shall schedule a preconstruction conference with the
Township a minimum of two working days prior to start of construction.
The applicant shall provide the contact information of one point of
contact in responsible charge of the work.
B.
The Township reserves the right to inspect the work. Inspection of
the work does not constitute acceptance of the work during construction
or obligate the Township to accept dedication of the infrastructure.
The applicant shall pay for the Townships costs related to inspection
of the work.
C.
Prior to placement of any stone subbase the subgrade shall be tested
by standard proctor and shown to achieve a 95% compaction. After placement
of stone subbase, the applicant shall proof-roll the area with a fully
loaded tandem dump truck. All areas of deflection shall be overexcavated,
filled with coarse aggregate in six-inch lifts and fully compacted.
These areas shall again be proof-rolled. In the event proof-rolling
is not appropriate, such as in certain trench excavations, nuclear
density testing shall be used.
D.
The applicant shall provide the Township with copies of all testing
results, and material certificates. All work shall be of first class
quality free of any and all defects.
Within 30 days of completion of construction, and prior to any
offer of dedication, the applicant shall submit one Mylar as-built
drawing and one digital file in current AutoCAD format of the constructed
facilities which accurately depicts the constructed infrastructure
and is legible in every detail. All as-built drawings shall accurately
describe the vertical elevations of drainage facilities, including
invert elevations, and show limits of embankments, easement and right-of-way
locations. In cases where grading is critical (detention ponds, for
instance), contours must be shown.
A.
The applicant may offer infrastructure for dedication once 90% of
the lots have been issued certificates of occupancy, and once all
defective items have been corrected to the standards of this article.
B.
All offers of dedication shall include a deed of dedication and a
plan drawing showing the metes and bounds of the dedicated right-of-way.
C.
The applicant shall reimburse the Township for all costs associated
with the review and processing of the offer of dedication.
E.
It shall be the applicant's responsibility to record the deed
of dedication at the York County Courthouse and provide the Township
with proof of recordation. The applicant shall remain responsible
for the maintenance of the infrastructure until the Deed of Dedication
is recorded.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any person 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 less than $300 nor 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.
In addition to the other remedies provided by law, the Township
may commence any appropriate action or proceedings in equity to prevent
such unlawful construction of improvements or other violations of
this article.
Appeals from any action under this article shall be made in
writing to the Board of Supervisors within 15 days from the date of
the initiation of the action. All appeals shall be accompanied by
the appeal fee established by resolution or ordinance of the Board
of Supervisors.
A.
The written appeal shall specify the precise action from which the
appeal is taken and shall set forth in concise terms the reason for
the appeal and any legal authorities supporting the appeal period.
B.
If the appellant desires a hearing before the Board, the appellant
must request a hearing in the written appeal.
C.
If a hearing is requested in writing, the Board shall conduct the
hearing at a regular or special public meeting which occurs not less
than 30 days after receipt of the written appeal. The hearing shall
be conducted in accordance with the provisions of the Local Agency
Law, 2 Pa.C.S.A. § 551 et seq.
D.
The Board shall render a decision on the appeal in accordance with
the provisions of the Local Agency Law.
Except as otherwise required by law, this article is intended
as a continuation of, and not a repeal of, existing regulations governing
the subject matter. To the extent that this article restates regulations
contained in ordinances previously enacted by the Board of Supervisors,
this article shall be considered a restatement and not a repeal of
such regulations. It is the specific intent of the Board that all
provisions of this article shall be considered in full force and effect
as of the date such regulations were initially enacted.
