[HISTORY: Adopted by the Board of Supervisors
of the Township of New Garden as indicated in article histories. Amendments
noted where applicable.]
[Adopted 7-2-1974 by Ord. No. 55-2; amended in its entirety
3-21-2016 by Ord. No. 215]
This article shall be cited to as the "New Garden Township Street
Opening Ordinance."
No opening, cutting, excavating, grading, boring, crossing,
installation or disturbance of any kind shall be allowed upon, in,
under, over, or across any portion of a Township road or any Township
road right-of-way without a permit granted by the Township.
The application for a permit shall be on a form provided by
the Township and submitted to the Township in triplicate. The Township
shall be responsible for review and administration of the permit.
The application shall be accompanied by a fee for processing the application
in accordance with the Township Schedule of Fees adopted from time
to time by the Board of Supervisors for street occupancy permits and
restoration charges, and another fee for review by the Township Engineer
and for making the inspection, if needed. In addition, the applicant
shall submit three copies of a sketch showing the location of the
intended work, parcel number, width of the traveled roadway, right-of-way
lines, an address, and a dimension to the nearest intersecting road
or other nearby landmark, so as to ascertain the location of the work.
A.
For openings or breaks in any improved surfaces, a street degradation
fee shall be charged in addition to any administrative and restoration
fees required under this section.
(1)
Base fee: calculated permit fee in accordance with the Township Schedule
of Fees adopted from time to time by the Board of Supervisors.
(2)
Additional degradation fee if surface was paved or microsurfaced
within the past five years of the date of the applicant's scheduled
work. The fee is based upon the longest dimension of excavation:
B.
The above degradation fees may be changed in the Township Schedule
of Fees from time to time as approved by the Board of Supervisors.
The permit application shall be approved or denied within 30
calendar days of submission of a complete application to the Township.
If the application and required documents do not conform to the requirements
of this article and any other applicable ordinances, rules, and regulations,
the Township shall deny the application in writing, stating the reasons.
If the Township is satisfied that the proposed work conforms to the
aforesaid requirements, the Township shall issue a permit.
At least three working days prior to the proposed start of work,
the applicant or his representative shall contact the PA One-Call
system at 1-800-242-1776, report the proposed work, obtain a serial
number, and provide such serial number to the Township. No work shall
begin until such date and time as authorized by PA One-Call.
At least one lane of traffic shall be maintained at all times.
The applicant shall comply with per all applicable PennDOT regulations.
The Township, at its discretion, may allow a road to be closed
and traffic to be detoured. No road shall be closed without giving
the Township at least three business days' prior notice. The
applicant is required to notify Chester County Emergency Services,
the New Garden Police and Fire Departments, and the Kennett Area Consolidated
School District with Township-approved content regarding an approved
detour. No road shall be closed without the applicant submitting a
detour plan to the Township and having it approved by the Township.
No road shall be closed without proper detour signs, as approved by
the Township, having been installed by the applicant. All detour signs
shall be maintained for the entire work period.
All proper erosion control and stormwater management measures shall be taken to ensure compliance with applicable ordinances, regulations and laws. If necessary, the applicant shall obtain erosion and sedimentation control plan approval from the Chester County Conservation District prior to starting work, in addition to compliance with Chapter 165 of this Code.
The applicant shall comply with all OSHA safety requirements
and procedures, including, without limitation, all confined space
requirements.
A.
The applicant shall notify the Township 24 hours in advance of starting
work, upon completion of temporary restoration, and upon completion
of permanent restoration. For any type of pipeline replacement/installation,
the applicant shall notify the Township 48 hours in advance of the
start of construction or of the resumption of construction if discontinued
for more than five working days.
B.
Prior to the start of pipeline replacement/installation and continuously
throughout construction and right-of-way and workspace restoration,
the applicant shall designate a field representative responsible for
overseeing compliance with the conditions of this permit. This person
shall be accessible by telephone during normal business hours. This
person's phone number and emergency phone number shall be provided
to the Township. The applicant shall provide written notice to all
landowners within 200 feet of the work area of the work to be done,
including the project's time frame, limits of work, the name,
telephone number, and e-mail address of the field representative,
and any other issues that may impact those landowners. This notice
shall be provided to those landowners at least seven days before work
is to begin. The Township shall receive a copy of the notice sent
to the landowners.
Projects are permitted to be in operation between 7:00 a.m.
and 7:00 p.m. EST Monday through Friday, unless extended by prior
written authorization. At all other times, there shall be no motorized
equipment running other than a pickup truck(s).
A.
Backfill shall comply with Exhibit A, as amended from time to time.[1] There shall be a minimum six inches of bedding under a
pipe or utility line. Crushed stone backfill shall be mechanically
compacted in maximum eight-inch lifts. Where work is done outside
the paved cartway or shoulder, the last six inches of backfill shall
be topsoil with stone or debris no larger than two inches in its largest
dimension.
[1]
Editor's Note: Exhibit A is included as an attachment to this chapter.
B.
Controlled density fill (CDF), also known as flowable fill, may be
used as backfill in paved roads, in accordance with PennDOT specifications
and requirements.
If the work cannot be completed in one workday, proper barricades,
flashing lights, steel plates or other methods shall be used to secure
the site and insure the safety of travelers on the roads in the Township
until the next workday. The applicant shall comply with the provisions
of PennDOT Publication 213, "Work Zone Traffic Control Guidelines."
The work area shall be swept clean, cleaned of all waste, debris,
and scrap that is the product of construction and otherwise policed
at the end of each workday and at the end of the project. Mud shall
not be tracked onto the streets at any time. All mud shall be cleaned
up within one hour of verbal or written notice from the Township or
its agents. All loads shall be tarped in accordance with PennDOT standards.
A.
Conduits and pipes shall be installed with a minimum of 24 inches
of cover. In no case shall conduits or pipes be allowed to be placed
in or bond to the bottom of the paving, especially in the case of
concrete paving.
B.
No pipeline shall be installed in such a way or manner as to constitute
a danger or hazard to any person.
The last two inches of the excavation shall be backfilled with
compacted "cold patch" or similar permeable asphalt material to allow
percolation of water into the excavation while preventing dust and
stone chip nuisances. All excavations shall be temporarily restored
prior to allowing traffic on them. All settlement shall be brought
back to grade within four hours of verbal or written notice from the
Township or its agents. The temporary restoration shall remain in
place for a minimum of two months to allow for final settlement to
occur through the actions of rain and traffic, but in no case shall
it remain in place more than six months.
All work to be in compliance with Exhibit A, as amended from
time to time.[1] The applicant shall provide final additional grading and
seeding at a later date to correct for soil settling within the work
area, at the direction of the Township.
[1]
Editor's Note: Exhibit A is included as an attachment to this chapter.
Permanent paving shall be constructed no earlier than 60 days
after the installation of the temporary paving. If within one year
after the date of installation of the permanent paving defects appear
therein, the applicant shall reimburse the Township for the cost of
all necessary repairs to the permanent paving.
A.
If the applicant opens pavement and the Township's wearing course
is less than five years old, the applicant shall, in addition to the
restoration requirements outlined in this article, overlay the pavement
in accordance with the following conditions:
(1)
When a longitudinal opening longer than 100 linear feet has been
made in the pavement, the applicant shall overlay the traffic lanes
in which the opening was made, for the entire length of highway that
was opened, in a manner to be approved by the Township.
(2)
When two or more transverse openings have been made within 100 linear
feet of pavement, the applicant shall overlay traffic lanes in which
the openings were made, for the entire length of highway between the
openings, in a manner to be approved by the Township.
(3)
When four or more openings of any other type have been made by the
same applicant within 100 linear feet of pavement, the applicant shall
overlay traffic lanes in which the openings were made, for the entire
length of highway between the openings, in a manner to be approved
by the Township.
(4)
If disturbed lanes adjacent to undisturbed lanes are overlaid, the
edge of the disturbed lane shall be saw cut or milled to a depth of
1 1/2 inches or the depth of the existing surface course, whichever
is less, for the length of the opening to insure a smooth joint, with
proper elevation and cross section. A full-width overlay may be authorized
on various roadways instead of saw cutting or milling the disturbed
lane.
(5)
If disturbed lanes adjacent to the shoulders are overlaid, the shoulder
shall be raised, with material and in a manner approved by the Township
for the type of existing shoulder, so that the overlaid pavement and
shoulder edges are at the same elevation.
B.
Regardless of the age of the wearing course:
(1)
If more than 100 linear feet of longitudinal or transverse openings,
or both, are made in the pavement, the Township reserves the right
to require the applicant to overlay traffic lanes in which the openings
were made, for the entire length of highway that was opened, if the
Township is of the opinion that the rideability or structural integrity
of the pavement has been impaired by the openings.
(2)
If four or more openings are made by the same permit holder within
100 linear feet of pavement, the Township reserves the right to require
the applicant to restore the entire disturbed pavement between the
openings by milling, planing, or other authorized method, and overlaying
the entire disturbed pavement.
C.
Aggregate used in bituminous overlay wearing course shall comply
with skid resistance level criteria (SRC) specified by the Pennsylvania
Department of Transportation.
D.
If any type of opening is made in a bituminous concrete pavement
within three feet from the edge of pavement or other longitudinal
joint or opening, the surface restoration shall be extended to the
edge of pavement or other longitudinal joint or opening.
E.
At each end of an overlay, the applicant shall install a paving notch
by milling, planing, or other authorized method and provide a minimum
ten-foot transition.
F.
The transition areas at each end of an overlay shall follow the contour
of the surrounding surface.
G.
When pavement markings are covered or destroyed by the permitted
work, including overlays, they shall be replaced with temporary pavement
markings, before opening the disturbed pavement to traffic. When the
pavement surface is fully restored, permanent pavement markings that
were covered or destroyed shall be replaced by the applicant, in like
kind, in their former location.
H.
Restored openings in the pavement or paved shoulder shall be sealed
with hot AC-20 in accordance with Township specifications.
Within 90 days of completion of construction in the Township,
as-built drawings shall be provided to the Township on eleven-inch
by seventeen-inch sheets, depicting all facility locations and placement.
A.
All work shall be guaranteed for a period of one year from the date
of final inspection and certification by the Township that the work
has been completed in accordance with the permit. The Township reserves
the right to have this guarantee backed by the applicant's security
deposit (see below). All defects shall be corrected by the applicant
within four hours of verbal or written notice from the Township or
its agents.
B.
The applicant shall immediately, at its own expense, repair or replace
all public property and all private property, including, but not limited
to, driveways, fences, and mailboxes, located in, along, or adjacent
to public right-of-way, which may have been damaged or destroyed by
any action or inaction of the applicant.
C.
Any damage to curb, inlets, storm sewer, sanitary sewer, signage,
pavement markings, etc., shall be replaced to the satisfaction of
the Township.
At the time of permit application, the applicant shall deposit
with the Township financial security in an amount equal to $20 per
square foot of road surface opening. The financial security shall
be held by the Township until the end of the one-year guarantee period
and shall be used by the Township as liquidated damages in case of
default or nonperformance by the applicant. Projects in excess of
$25,000 shall deposit with the Township financial security in an amount
equal to 110% of the cost of completion of the work required to comply
with this article estimated as of 90 days following the date scheduled
for completion, provided that the cost exceeds $25,000. The form,
amount and administration of the financial security shall be in accordance
with Section 509 of the Pennsylvania Municipalities Planning Code,
53 P.S. § 10509.
Conduit placed parallel to the road center line shall be placed
within the first foot as measured from back of curb (or edge of paving
if no curb) or beyond four feet from back of curb (or edge of paving
if no curb). This provides the Township three feet within which to
place Township facilities.
Permits shall be required for all new or widened driveways within the Township. Driveway permits for Township roads shall be obtained from the Township. The application shall be accompanied by a fee in accordance with the Township Schedule of Fees adopted from time to time by the Board of Supervisors. Driveway permits for State roads shall be obtained from PennDOT. The provisions of § 167-22, security deposit, and § 167-34, insurance, shall not apply to an applicant for a driveway permit serving an existing single family residence.
A.
The minimum width of a single-family residential driveway shall be
nine feet.
B.
Driveways for single-family residences which existed as of May 21,
2016, and are in excess of 100 feet may be partially paved upon petitioning
for relief. Should relief from this requirement be given, a minimum
of 75 feet of the driveway from the roadway must be paved.
C.
All other residential driveways shall meet the requirements of § 170-35 of the Subdivision and Land Development Ordinance.
D.
The maximum grade of any single-family residential driveway shall be 15%. The maximum grade for other driveways shall be 10% unless a lesser maximum is established in Chapter 170.
E.
All non-single-family driveways shall have the same construction
as the street from the curbline to the right-of-way line should the
developer not choose to place depressed curb.
A.
The center line of driveways shall be located at least 50 feet from
the continuation of the right-of-way line of the closest intersection
or directly across from three-way intersections.
B.
For nonresidential or multifamily residential driveways, provisions
shall be made for safe and efficient ingress and egress to and from
public streets and highways serving a developed use without undue
congestion or interference with normal traffic flow. A single, common
vehicular access point or internal interconnection with adjacent uses
shall be required. The goal is to minimize driveway accesses to maintain
a high safety level for the motoring and pedestrian traffic. Additional
driveway accesses will only be considered if it is determined by the
Township's Traffic Engineer and the Board of Supervisors that
such driveway access(es) are in the best interest of the public. In
determining the impacts of any additional driveway access(es), the
Township's Traffic Engineer and the Board of Supervisors shall
consider if any additional driveway will do the following:
(1)
Eliminate a traffic safety hazard on the public highway.
(2)
Provide a higher level of service at all hours of the day.
(3)
Reduce the volume of traffic on a public highway.
(4)
Reduce an existing congestion problem.
(5)
Increase the traffic flow efficiency.
(6)
Eliminate a traffic signal.
(7)
Not create any adverse impacts to internal circulation within the
subject property, adjacent properties, and the public highway.
All driveways shall meet the visibility requirements of PennDOT
Chapter 201 and New Garden Township ordinances, whichever is most
stringent. The clear sight triangle shall be maintained clear of all
obstructions at all times.
Driveways shall be depressed to match the existing roadside
swale or shoulder so as to allow aboveground drainage over the driveway
and to direct driveway runoff into said swale or shoulder. Pipes shall
not be installed under driveways, except under unusual circumstances
and with prior Township approval.
For single-family residential driveways, the portion of a driveway
within the street right-of-way shall not exceed four-percent grade.
The remainder of the driveway shall not exceed fifteen-percent grade.
Driveways shall be paved. Paving shall consist of six inches of 3A
crushed stone and two inches of ID-2, or Township-approved equals,
per PennDOT Publication 408, latest edition. All other driveways shall
be per the applicable New Garden Township ordinance.
Driveways shall be designed to avoid erosion and excessive runoff
by grading, interception swales and/or drainage systems. If erosion
products are deposited on the cartway, shoulders or swales, the property
owner shall remove them within four hours of verbal or written notice
from the Township or its agents. In addition, the property owner shall
take necessary measures to avoid reoccurrence of the problem.
Driveways serving as private streets shall not be dedicated
to the Township, nor does the Township assume any responsibility for
their maintenance.
When flag lots abut each other at a common street line, or in
other situations considered appropriate by the Board of Supervisors,
a common driveway shall be utilized for access to the lots.
Discharge from any roof drains, downspouts, sump pumps, foundation
drains, disposal fields, etc., shall not be permitted onto a right-of-way
or onto a driveway or driveway drainage system that directs runoff
toward a street. Such discharge may be connected to underground drainage
systems in the street if available, preferably into an inlet for accessibility.
A.
As part of the permit application, the applicant shall provide the
Township with insurance certificates for the following polices of
insurance in full force and effect with an insurance company(ies)
admitted by the Pennsylvania Insurance Commissioner to do business
in the Commonwealth of Pennsylvania and rated not less than A in Best's
Insurance Key Rating Guide:
(1)
Commercial general liability insurance, including property damage
liability and personal injury liability of not less than $1,000,000
for each occurrence and a $2,000,000 minimum aggregate amount.
(2)
Automobile bodily injury liability insurance of not less than $500,000
each person; $500,000 each occurrence.
(3)
Statutory workers' compensation and employer's liability
insurance.
B.
All policies of commercial general liability insurance required hereunder
shall name the Township, its supervisors, engineer and employees as
additional insureds. Specifically, commercial general liability insurance
policy shall name the Township, its officers, agents, supervisors,
elected officials and employees as an additional insured under ISO
endorsement CG 20 26 07 04 or non-ISO equivalent. Any policy or policies
of insurance shall be primary and noncontributory to insurance coverage
maintained by the Township. Certificates of insurance shall state
that coverage shall not be canceled by either party except after 30
days prior to written notice by U.S. certified mail, return receipt
requested, has been given to the Township. In addition, the applicant
shall indemnify and hold harmless the Township and shall assume the
defense and all costs of lawsuits and awards.
C.
This permit does not release the applicant from liability for damage
to persons or property resulting from any activity covered by this
permit.
In the case of emergencies threatening property or lives, the
applicant may proceed with the work after notifying the Township and
911. The applicant shall still be responsible for applying and obtaining
the permit and satisfying all requirements. The application shall
be made within 24 hours of the verbal or written notice to the Township
and 911. If the emergency occurs over a holiday, a weekend, or at
night, the application shall be filed the morning of the next working
day.
In addition to the requirements of this article, all work is
subject to all applicable federal, state and local laws, ordinances
and regulations. This permit does not release the applicant of the
responsibility to obtain other federal, state, or county authorizations
required for the construction of the permitted activity, and if any
applicant is required by law to obtain approval from any federal or
other state agency to do the work, authorization granted by this permit
is not effective until the federal and state approvals are obtained.
During any phase 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 permit.
Where any settlement or defect in the work occurs, if the applicant
shall fail to rectify any such settlement or other defect within 60
days after written notice from the Township to do so, the Township
may do the work and shall impose upon the applicant the cost thereof,
together with an additional 20% of such cost.
Any person or utility which shall violate or permit the violation
of the provisions of this article shall, upon being found liable therefor
in a criminal enforcement proceeding, pay a fine of not more than
$1,000 nor less than $25, together with court costs and reasonable
attorney fees, and may be incarcerated for a period not exceeding
90 days. Such fines, costs, attorney fees and incarceration, after
being reduced to a final, unappealed judgment, shall be enforced by
the Township pursuant to the applicable rules of criminal procedure.
Each day of violation shall constitute a separate violation.
As used in this article, the following terms shall have the
meanings indicated:
Any natural person, municipal authority, corporation, partnership,
joint venture, sole proprietorship, firm, association and any other
entity of whatever type.
