[Adopted 11-13-2017 by Ord. No. 2017-15[1]]
The following words, when used in this article,
shall have the meanings ascribed to them in this section, except in
those instances where the context clearly indicates otherwise:
Any person who makes an application for a permit.
The Department of Public Works, Radnor Township, Delaware
County, Pennsylvania.
Any unforeseen circumstances which call for immediate action.
A fee paid by the permittee to the Township to cover the
cost of issuing, processing and filing the street opening permit.
Any person who has been issued a permit and has agreed to
fulfill all the terms of this article.
Any person and includes any person, partnership, firm, association,
utility or corporation.
Includes the entire right-of-way of a public street, public
highway, public alley, public way, public road or public easement
within the Township.
Any ditch, excavation, tunnel or opening in or under the
surface of any street or within any street right-of-way, except work
performed by any property owner or his agent or contractor within
that portion of the street right-of-way abutting his property and
lying behind the sidewalk or curb if there is no sidewalk.
The completed form filled out in its entirety giving the
applicant permission to open and/or occupy a Township street in Radnor
Township.
The Township of Radnor, Delaware County, Pennsylvania.
A.
No person, firm, corporation or other entity within the Township
shall construct a driveway or install a utility or telecommunications
facility within a street right-of-way, except as permitted by this
section.
B.
Permit procedures.
(1)
A permit must be acquired from Radnor 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 the installation
of a utility, telecommunications facility or other structure.
(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 or right-of-way construction
for a utility or telecommunications facility 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 Radnor 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 by resolution by the Board of Commissioners.
(5)
The Township Engineer may modify the requirements of this article
for residential property owners doing normal maintenance, repair or
construction in the right-of-way.
C.
Regulations and standards.
(1)
This section represents minimum requirements of certain types of
activities within Township or state rights-of-way. Activities associated
with approved subdivision or land developments shall be subject to
any additional requirements of the final plans as approved by Radnor
Township and/or PennDOT. Any activity not regulated by the Subdivision
and Land Development Ordinance of Radnor Township[1] shall be regulated by the requirements of this article.
(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 United States
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 this article. 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, must
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, this article, or
the Township Engineer:
(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 the Pennsylvania Code, Title 67 Transportation, Chapter 203, as
amended.
D.
Driveway construction requirements.
(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 Township-approved
construction details.[2] 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.
[2]
Construction detail is on file and may be seen at the Township
office.
(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 clear sight triangle of 50 feet 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 Township-approved construction details.[3] When a curb is proposed along a driveway, depressed curb
shall be installed in accordance with the attached construction detail.
[3]
Construction detail is on file and may be seen at the Township
office.
(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.
E.
Telecommunications facilities. All proposed telecommunications facilities within Township or state rights-of-way shall meet the requirements of the Zoning Code, Chapter 280, of the Township. All new telecommunications facilities shall utilize existing poles, streetlights or other structures within the right-of-way or acquire additional areas adjacent to and outside of the right-of-way, or shall be placed underground.
F.
Maintenance period. 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 any road surface trench 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 30
days after written notice from the Township Engineer to do so, the
Township, 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 Common Pleas of
Delaware County.
A.
Conditions of street occupancy. Facilities and equipment installed
or erected by the permittee pursuant to the terms hereof shall be
located so as to cause a minimum of interference with the proper use
of public rights-of-way and with the rights and reasonable convenience
of property owners who own property that adjoins any of said public
rights-of-way.
B.
Restoration of public rights-of-way. If during the course of the
permittee's construction, operation, and/or maintenance of its
facilities and equipment there occurs a disturbance of any public
rights-of-way by the permittee, the permittee shall, at its expense,
replace and restore such public rights-of-way to a condition which
existed immediately prior to such disturbance. If the permittee excavates
the surface of any public rights-of-way, the permittee shall be responsible
for restoration of the public rights-of-way and its surface within
the area affected by the excavation. The Township reserves the right,
after providing notice to the permittee, to remove and/or repair any
work done by the permittee which is inadequate. The reasonable cost
thereof, including the cost of inspection and supervision, shall be
paid by the permittee. All excavations made by the permittee in the
public rights-of-way shall be properly safeguarded for the prevention
of accidents.
C.
Trees and shrubbery. The permittee shall notify the Township and
all affected property owners regarding the permittee's need to
trim trees or other natural growth upon and overhanging public rights-of-way
so as to prevent the branches of such trees from coming in contact
with its facilities or equipment. Trimming shall be limited to the
area required to clear its facilities or equipment.
D.
Safety requirements. All such work in the public rights-of-way shall
be performed in accordance with applicable safety codes and technical
requirements.
E.
Maps. Prior to beginning any construction of facilities, the permittee
shall provide the Township with a construction schedule for work in
the public rights-of-way which schedule shall be updated as changed.
Upon completion of initial construction and upon completion of construction
of any modification to its facilities, the permittee shall provide
the Township with a map showing the location of its installed facilities
in the public rights-of-way. Such maps shall be provided in both paper
form, as well as in an electronic format for placement on the Township's
GIS system. Annually thereafter, the permittee shall provide a map
to the Township showing the location of the permittee's facilities
in the public rights-of-way on a scale of 150 feet per inch or whatever
standard scale the Township adopts for general use.
F.
Excavations. The permittee may make excavations in public rights-of-way
for any facility subject to obtaining excavation permits from the
Township. Prior to doing such work, the permittee must apply for,
and obtain, appropriate permits from the Township, and give appropriate
notices to any other licensees and/or permittees of the Township,
and/or other units of government owning or maintaining facilities
which may be affected by the proposed excavation.
G.
Reservation of the Township public rights-of-way. Nothing in this
section shall be construed to prevent the Township or other agency
of government or municipal authority from constructing sewers, grading,
paving, repairing and/or altering any street and/or laying down, repairing
and/or removing water mains and/or constructing and/or establishing
any other public work or improvement. If any of the permittee's
facilities or equipment interferes with the construction or repair
of any street or public improvement, including construction, repair
or removal of a sewer or water main, the permittee's facilities
or equipment shall be removed or replaced in the manner the respective
Township or other agency of government or municipal authority shall
direct. Any and all such removal or replacement shall be at the expense
of the permittee. Should the permittee fail to remove, adjust or relocate
its facilities by the date established by the Township or other agency
of government or municipal authority, the Township or other agency
of government or municipal authority may cause and/or effect such
removal, adjustment or relocation, and the expense thereof shall be
paid by the permittee, including all reasonable costs and expenses
incurred by the Township or other agency of government or municipal
authority due to the permittee's delay.
A.
The permittee shall save the Township, its agents, employees and
elected and appointed officials harmless from and against all claims,
damages, losses and expenses, including reasonable attorneys'
fees, sustained on account of any suit, judgment, execution, claim
or demand whatsoever arising out of the construction, leasing, operation
or maintenance of the permittee's equipment, facilities, and
services specified by this section, whether or not any act or omission
complained of is authorized, allowed and/or prohibited by this section
and the rights granted hereunder.
B.
The permittee shall obtain and maintain in full force and effect
insurance with an insurance company licensed to do business and doing
business in the Commonwealth of Pennsylvania and acceptable to the
Township. All companies will be required to be rated A-VH or better
by A.M. Best or A or better by Standard and Poor's. The permittee
shall provide the Township with proof of such insurance so required.
C.
The permittee shall obtain and maintain in full force and effect,
at the permittee's sole expense, insurance coverage in the following
types and minimum amounts:
|
Type
|
Amount
| |
|
Workers' compensation and statutory employers liability
|
$100,000/$500,000/$100,000
| |
|
Commercial general (public) liability to include coverage for
the following where exposure exists:
| ||
|
Premises operations
|
Combined single limit for bodily injury and property damages
$2,000,000 per occurrence or its equivalent
| |
|
Independent contractors
| ||
|
Products/completed operations
| ||
|
Personal injury
| ||
|
Contractual liability
| ||
|
Explosion, collapse and underground property damage
| ||
|
Comprehensive vehicle insurance coverage for loading and unloading
hazards, for:
| ||
|
Owned/leased vehicles
|
Combined single limit of bodily injury and property damage $1,000,000
per occurrence or its equivalent
| |
|
Nonowned vehicles
| ||
|
Hired vehicles
| ||
D.
The Township shall receive without expense copies of certificates
of insurance evidencing coverage stated above.
E.
The permittee agrees that with respect to the above-required insurance,
all insurance certificates will contain the following required provisions:
(1)
Name the Township and its officers as additional insureds.
(2)
Provide for 60 days' written notice to the Township for cancellation,
nonrenewal, or material change.
(3)
Provide that all provisions of this section concerning liability,
duty, and standard of care, including the indemnity provisions, shall
be underwritten by contractual coverage sufficient to include such
obligations within applicable policies, subject to policy terms and
conditions.
F.
Companies issuing the insurance policies shall have no recourse against
the Township for payment of any premiums or assessments which all
are set at the sole risk of the permittee. Insurance policies obtained
by the permittee shall provide that the issuing company waives all
right of recovery by way of subrogation against the Township in connection
with any damage covered by these policies.
G.
The permittee shall obtain and maintain, at its sole cost and expense,
and file with the Township, a corporate surety bond with a surety
company authorized to do business in the Commonwealth of Pennsylvania
in the amount of 15% of the permittee's estimated costs to secure
the permittee's performance of its obligations and faithful adherence
to all requirements of this section.
(1)
No action, proceeding or exercise of a right with respect to such
bond shall affect the Township's rights to demand full and faithful
performance under this section or limit the permittee's liability
for damages.
(2)
The bond shall contain the following endorsement:
It is hereby understood and agreed that this bond may not be
canceled by the surety nor any intention not to renew be exercised
by the surety until 60 days after receipt by the Township of Radnor,
by registered mail, of written notice of such intent.
H.
All expenses of the above-noted insurance and bond shall be paid
by the permittee.
I.
The insurance policies mentioned herein shall contain an endorsement
stating the following:
Should any policies of insurance be canceled or coverages be
reduced, before the expiration date of said policies of insurance,
the issuer shall deliver 60 days' advance written notice to the
Township.
J.
Neither the provisions of this section nor any insurance accepted
by the Township pursuant hereto, nor any damages recovered by the
Township thereunder, shall be construed to excuse faithful performance
by the permittee and/or limit the liability of the permittee under
this section issued hereunder and/or for damages, either to the full
amount of the bond or otherwise.
K.
Any person violating any provision of this article shall, upon conviction,
be fined not less than $500 nor more than $1,000, for each day of
violation plus court costs and reasonable attorneys' fees incurred
by the Township.
[Added 11-12-2018 by Ord. No.
2018-13]
A.
It shall be unlawful for any person in the Township of Radnor to
plant, erect, maintain or allow to exist any tree, shrub, hedge, fence,
bank or other obstruction near street intersections which may cause
danger by obstructing the view of the motorist. The existence of such
obstruction will cause said person to be subject to a notice of violation
if said obstruction exceeds a height of 24 inches as measured from
the lowest adjacent street surface and is located within a triangle
formed by joining three points, one point being formed by the intersection
of the abutting street edges and the other two located 30 feet from
the above-mentioned intersection measured along each of the abutting
street edges as shown in the attached illustration. This triangular
area may be extended to achieve the purpose of this section where
unusual topographical conditions prevail.
B.
It shall be unlawful for any person in the Township of Radnor to
plant, erect, maintain or allow to exist any tree, shrub, hedge, fence,
post or other obstruction within the right-of-way of any Township
or state highway within the Township of Radnor which creates an unsafe
condition for persons or vehicles traveling on said highway.
C.
The enforcement of this subsection shall be under the direction of
the Township Manager or his designated representative. The Township
Manager is authorized to notify the property owner of the land upon
which the vision or other obstructions prevail to remove the same
within 30 days. If the owner shall neglect or refuse to do so after
such notice, the Township Manager may file a complaint and/or cause
the work to be done at the expense of the property owner. This expense,
together with a penalty of 5% of such cost, shall be charged against
the owner of such property, and in default of payment, the same shall
be collected in the manner provided by law for the collection of municipal
claims or by action of assumpsit without filing of a claim. The notice
provided by this section shall be served upon the property owner by
certified mail or by leaving the same at his place of residence in
the Township or, if he has no residence in the Township, then by leaving
the same with the tenant or occupier of the premises or, if the premises
is vacant, by posting the same on the premises and mailing a copy
thereof to the owner at his last known address.
D.
No gasoline pumps, oil tanks, walls, fences, posts, planting, shrubbery
or similar obstructions shall be placed within the right-of-way. Any
such obstruction shall be removed promptly by the property owner whenever
written notice to remove such obstruction is given by the Township
Engineer. If the owner fails to comply with such notice, the Township
shall remove the obstruction and charge to cost thereof to the owner.
