[Adopted 9-15-2010 by Ord. No. 2987]
A. 
Permits required. New paving shall not be opened for a period of five years after the completion thereof, except in case of emergency, the existence of which emergency and the necessity for the opening of such paving to be determined by the Mayor or the Mayor's designee. If it is sought to excavate upon or open a street or sidewalk within five years after the completion of the paving thereof for any other reason than an emergency, as above stated, the applicant shall make written application with attached restoration plans to the Mayor or the Mayor's designee, and a permit for such opening and restoration shall only be issued after express approval of the Mayor or the Mayor's designee. Street restoration will include base repair, surface milling and overlay according to Township specifications to the extent of milling and overlaying the full cartway, which includes edge of paving to the other side of edge of paving of the entire block, not to be less than 100 feet in length.
[Amended 2-19-2020 by Ord. No. 3067]
B. 
Permit issuance.
(1) 
A permit shall be issued to the applicant after all the aforementioned requirements have been met.
(2) 
The applicant or his agent(s) shall have a copy of the permit available on site at all times that work is being done, for immediate inspection by Township employees.
(3) 
The permittee shall be responsible for causing compliance with all terms and conditions of the permit by its agents, contractors and successors.
(4) 
The permit shall be maintained as a permanent record and remain in effect, subject to the permit conditions and regulations set forth in this article, as long as the facilities authorized by the permit occupy the right-of-way.
(5) 
Responsibility for compliance with the terms of the permit cannot be assigned or transferred by the permittee without first obtaining approval from the Township. Any facility installed under the authority of said permit shall be subject to removal or relocation at the expense of the permittee.
C. 
Requirement for a construction permit.
(1) 
Except in the case of an emergency, before commencing any construction in the right-of-way an applicant must complete an application with the Upper Darby Township Department of Licenses and Inspections and shall submit to Upper Darby Township detailed plans of the proposed construction activity, where applicable. Such plans shall include the type of construction activity, the equipment proposed to be installed or erected, the specific locations of the construction activity and the scheduled beginning and ending dates of all planned construction. Such plans shall also include the name(s) and address(es) of any and all subcontractors the applicant intends to utilize.
(2) 
Upon submission of all such information required in § 472-11C(1) above, Upper Darby Township shall review the information provided herein to determine whether such construction would have a detrimental impact on public safety as it relates to the right-of-way. Upper Darby Township may impose conditions on the construction permit, regulating the times, locations, and manner of construction to preserve effective traffic flow, prevent hazardous road and other conditions and/or minimize noise impacts. Upper Darby Township shall review such information and either grant or deny a construction permit in writing within 30 business days. If Upper Darby Township fails to grant or deny the construction permit within such time period, the permit shall be deemed granted; however, the permittee still has to comply with all pertinent requirements of this or any related ordinances.
D. 
Duration and suspension of a permit.
(1) 
The permit for a specific job shall be issued for a period not exceeding one year. Permit may be revoked if work has not started within 180 days of issuance of the permit. The permittee shall apply for a renewal of permit at least 30 days prior to its expiration. The Township may suspend such permit in the event any one or more of the following has occurred:
(a) 
The permittee shall have caused damage to Upper Darby Township property or the right-of-way without the prior consent of Upper Darby Township (except in the case of an emergency) and without completing proper restoration;
(b) 
The permittee's equipment in the right-of-way has had a detrimental effect on public safety as it relates to the right-of-way;
(c) 
The permittee failed to pay any of the fees required under this article;
(d) 
The permittee failed to comply with construction standards in accordance with the provisions contained in this article;
(e) 
The permittee failed to indemnify, hold harmless and insure Upper Darby Township in accordance with the provisions contained in § 472-11O below.
(2) 
If the Township has reason to believe that one or more of the above events has occurred, it shall notify the permittee in writing. The permittee shall have 20 business days to cure the violation, unless the Township reasonably determines that the event is an emergency, in which case the Township may impose a shorter time period to cure the violation.
(3) 
If the permittee fails to cure the violation within the specified time period, the Township shall be permitted to immediately suspend the permit. The permittee shall be provided an opportunity to appeal the suspension to the Township's administration in the form of a letter to the Township's Chief Administrative Officer explaining the resolution of the violation or explaining the reason why the permittee feels harmed by the Township.
E. 
Emergency excavation without permits. In case of any leak, explosion or other accident in any subsurface pipe, construction or apparatus, it shall be lawful for the person owning or responsible for such pipe, line, construction or apparatus to commence an excavation to remedy such condition before securing a permit, provided that application for a permit shall be made immediately and not later than the next business day thereafter and that all other provisions of this article are fully complied with.
F. 
Excavation on overlaid and reconstructed streets. Except for emergencies, no excavation shall be permitted in any Township road or street that has been overlaid, topped, or reconstructed within the previous 24 months.
G. 
Temporary restoration.
(1) 
All excavations within the right-of-way of dedicated Township roads and streets shall be backfilled with 2A modified crushed stone, compacted in six-inch lifts, and topped with two inches of cold patch material or approved material by the Township. Compaction shall be completed to the bottom of existing pavement. Temporary or permanent restoration shall be placed at the end of each working day.
(2) 
The temporary restoration shall remain in place for a minimum of two months to allow for settlement.
(3) 
The temporary restoration shall be maintained in a smooth condition by additional application of cold patch as necessary within 24 hours of verbal or written notification from the Township.
(4) 
All excavations within the right-of-way of subdivision roads which are to be dedicated to the Township shall be backfilled with 2A modified crushed stone, compacted in six-inch lifts with approved vibratory compaction equipment.
H. 
Final restoration.
(1) 
For final restoration, the cold patch shall be excavated and the edges of the excavation shall be cut straight one foot from each edge of the trench to be sawed, straight line to the bottom elevation of the existing base course, and the detached material shall be removed.
(2) 
The permanent base course shall consist of Superpave asphalt design 25.0 mm, PG 64-22 base course, 0.0 to 0.3 million ESALs, SRLM, and having a minimum depth of five inches or a depth equal to the existing base course, whichever is greater. The permanent surface course shall be placed in accordance with the depths of the existing bituminous surface, but in no case shall the Superpave asphalt mixture design, 9.5 mm, PG 64-22 wearing course, 0.0 to 0.3 million ESALs, SRL M, be less than 1 1/2 inch in depth. The edge of the repair shall be sealed with the type of class of material designated for the surface course for a width of 12 inches centered on the repair joint in accordance with the PennDOT Publication 408, § 401.3(j).
(3) 
All final restoration shall be completed within 2 1/2 months of temporary restoration and shall be guaranteed for one year.
(4) 
Where it is deemed necessary by the Township Engineer, the Township may require that an eight-inch-thick concrete slab be placed over the excavation to prevent settlement. The slab shall extend one foot on each side of the excavation.
(5) 
Lawn areas within the right-of-way shall be sodded or seeded after backfilling.
(6) 
All disturbed portions of the street, including road striping, traffic loops and all appurtenances and structures such as guide rail or drain pipes, shall be restored to a condition equal to or better than which existed before the start of any work authorized by the permit.
(7) 
When a longitudinal opening longer than 10 feet and wider than three feet is made in the street pavement, the permittee shall overlay the traffic lane(s) in which the opening was made for the entire length of street that was opened.
(8) 
When two or more transverse trench openings are made by the permittee within 100 linear feet of street pavement, the permittee shall overlay all traffic lanes in which the openings were made for the entire length of the street between such openings.
(9) 
When two or more emergency openings are made by the permittee within 100 linear feet of street pavement, the permittee shall overlay all traffic lanes in which the openings were made for the entire length of the street between such openings.
(10) 
Regardless of the age of the wearing course, when both longitudinal and transverse trench openings are made in the street pavement, the Township may require the permittee to overlay all traffic lanes in which such openings were made for the entire length of street that was opened, if the Township Engineer determines that the present serviceability of the street has been impaired by the openings.
(11) 
In addition to these standards, when traffic lanes of a street are overlayed, the edge of the overlayed traffic lane shall be milled to a depth of 1 1/2 inches for the entire length of the overlayment in order to ensure a smooth joint with proper elevation and cross section. Traffic lane or pavement markings that are covered, removed or destroyed by any opening or overlayment shall be restored.
(12) 
The top of every manhole, valve box or other access to the facility shall be at the same elevation as the surface in which it is located.
(13) 
The surface surrounding manhole or valve covers located in shoulders shall be paved in such a manner as to prevent washouts.
I. 
Sewer laterals (new installation or maintenance):
(1) 
The owner of a sanitary sewer lateral that is connected to an Upper Darby Township's sewer main in existence on the date of enactment of this section shall have the duty to thereafter continually maintain and keep the sanitary sewer lateral from the property to the main sewer line in good working order and replace it when there is evidence that the sewer lateral has any inflow and/or infiltration from the surroundings.
(2) 
Sewer lateral installation shall comply with all the sections of this article and applicable requirements of the Uniform Construction Code (UCC).
J. 
Identification:
(1) 
All temporary and permanent restoration shall be identified in the proper color code paint with the Township's permit number and full date(s) of placement, both temporary and permanent. Color code shall be as directed in Pennsylvania's Underground Utility Lines Protection Law, Act 287 as amended by Act 121, and APWA/Common Ground Alliance Best Practices for Temporary Markings (uses ANSI Standard Z5351 Safety Color Code).
(2) 
The identification shall be placed on the existing paving next to the excavation so as to be clearly legible for easy identification from Township vehicles.
(3) 
The identification shall be painted in six-inch letters.
(4) 
The identification shall be placed on the near side of excavation in the direction of travel.
(5) 
Only one identification shall be painted for each excavation.
K. 
Inspection:
(1) 
Upon completion of the work authorized by the permit, the applicant shall notify the Township to inspect the work and, when necessary, enforce compliance with the conditions, restrictions and regulations prescribed by the permit.
(2) 
The permittee shall be responsible for a period of one year after inspection for corrective work where any settlement or defect in work occurs.
L. 
Additional restrictions. All work authorized by the permit is subject to:
(1) 
All applicable federal, state and Township laws, ordinances, rules and regulations, including but not limited to:
(a) 
Act No. 287, approved December 10, 1974 (P.L. 852) (73 P.S. § 176 et seq.), or as amended, concerning protection of the public health and safety by preventing excavation of demolition work from damaging underground utilities facilities.
(b) 
OSHA construction safety and health regulations, 39 CFR 22801, June 24, 1974, as published in the Federal Register (29 CFR 1926.1 et seq.), or as amended.
(2) 
Any rights of any person.
(3) 
The conditions, restrictions and provisions of the permit.
M. 
Construction standards:
(1) 
The work shall be done at such time and in such manner as shall be consistent with the safety of the public and shall conform to all requirements and standards of the Township. If at any time it shall be found by the Township that the work is not being done or has not been properly performed, the permittee upon being notified by the Township shall immediately take the necessary steps, at its own expense, to place the work in condition to conform to such requirements or standards.
(2) 
Whenever any requirement or standard of the Township is superseded by a requirement or standard of the Federal Government or the Commonwealth of Pennsylvania, the requirement or standard of the Federal Government or the Commonwealth of Pennsylvania, as applicable, shall apply.
(3) 
Each permittee shall perform construction activity in a manner consistent and in compliance with the detailed plans it submitted to Upper Darby Township and all applicable federal, state and local laws and regulations.
(4) 
Whenever a permittee or any of its subcontractors shall cause damage to the right-of-way or to Upper Darby Township's property in the right-of-way, the permit holder shall restore such right-of-way or property within 20 business days, weather permitting.
(5) 
The equipment or structure shall not endanger or interfere with the safety of persons or property within Upper Darby Township. All operating, maintenance, construction and repair personnel shall be thoroughly trained in the safe use of all equipment and in the safe operation of vehicles. Such personnel shall follow all safety procedures required by applicable federal, state and local laws and regulations. The permittee shall routinely inspect and maintain all areas of any equipment so that conditions which could develop into safety hazards shall be corrected before they become a hazard.
(6) 
Except in the case of an emergency and when directed by the Township Engineer, at least three days prior to the commencement of any construction activity the permittee shall notify the homeowners and/or inhabitants residing within the immediate vicinity of such construction activity in a manner which is satisfactory to Upper Darby Township. The name of the permittee shall be clearly disclosed to such residents.
(7) 
All wires, cables and other equipment shall be installed, where possible, parallel with electric and telephone lines; and multiple cable configurations shall be arranged in parallel and bundles.
(8) 
All wires, cables and other equipment shall be installed underground where required by municipal ordinance or regulation consistent with the same requirement being imposed on all other similarly situated companies, including public utilities.
N. 
Permittee responsibilities.
(1) 
The permittee shall be responsible for all costs and expenses incident to or arising from the permitted work, including the prescribed fees for same, the cost of making and maintaining temporary restoration of the disturbed areas and making permanent restoration. The permittee shall reimburse the Township for any and all inspection costs related to the permitted work which the Township may deem it necessary to incur within 30 days after receipt of the Township's invoice.
(2) 
In the event of failure or neglect by the permittee to perform and comply with the permit or the regulations set forth in the ordinance, the Township may immediately revoke and annul the permit and order and direct the permittee to remove any or all structures, equipment or property belonging to the permittee and/or its contractors from the legal limits of the right-of-way and to restore the right-of-way to its former condition. In the event the Township determines that such structures, equipment or property pose a threat to the public safety, and the permittee fails to remove the same after notice from the Township to do so, any attorney or any court of record shall be authorized to appear for the permittee and to enter an amicable action of ejectment and confess judgment against the permittee, and the Prothonotary shall be authorized to issue forthwith a writ of possession with costs, without leave of court.
(3) 
If work is stopped on a project for any reason, other than the end of any normal workday, and any excavations or openings, in the opinion of the Township, remain open for an unreasonable period, the permittee, if so directed, shall refill the excavations or openings and work shall not be resumed until the permittee is prepared to proceed immediately with the work to its completion. In the event the permittee fails to refill the excavations or openings or proceed until completion of the work upon notice from the Township to do so, the Township may perform the necessary and required work and shall be reimbursed for the costs by the permittee within 30 days after receipt of the Township's invoice.
(4) 
If the permittee, after making an opening in the surface to place or repair a facility or for any other purpose, fails to restore any portion of the right-of-way to conform with the applicable sections of this article upon notice from the Township to do so, the Township reserves the right to do the work, and the permittee shall reimburse the Township for the costs within 30 days after receipt of the Township's invoice.
O. 
Liability and indemnification:
(1) 
The permittee shall at all times during the life of a permit carry and require its subcontractors to carry liability, property damage, workers' disability, and other insurances, as applicable, in such form and amount as shall be determined by Upper Darby Township, as set forth in the permit, to cover any loss that may be incurred for or on account of any matter, cause or thing arising out of the construction, reconstruction, repair, relocation or installation of the permitted structures or facilities.
(2) 
The permittee shall name Upper Darby Township as an additional insured on its liability insurance policies. All required insurance coverage shall provide for 30 days' notice to Upper Darby Township in the event of material alteration or cancellation of such coverage prior to the effective date of such material alteration or cancellation.
(3) 
The permittee shall, at its sole cost and expense, indemnify and hold harmless Upper Darby Township, its elected and appointed officials, employees and agents at all times against any and all claims for personal injury, including death, and property damage arising out of the permittee's use or occupancy of the right-of-way. The permittee shall defend any actions or proceedings against Upper Darby Township in which it is claimed that personal injury, including death, or property damage was caused by the permittee's use or occupancy of the right-of-way. The obligation to indemnify, hold harmless and defend shall include, but not be limited to, the obligation to pay judgments, injuries, liabilities, damages, attorneys' fees, reasonable expert fees, court costs and all other costs of indemnification. The permittee shall not be required to indemnify and hold the municipality harmless for claims caused by Upper Darby Township's negligence, gross negligence or willful misconduct.[1]
[1]
Editor's Note: Original § 1.17, pertaining to performance bonds, which immediately followed this subsection, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
P. 
Road closings:
(1) 
Traffic flow shall be maintained at all times.
(2) 
Road closings shall be considered only under extremely difficult conditions, and on a case-by-case basis.
(3) 
Flaggers shall be used when traffic is reduced to one lane, with a one-minute maximum delay in any one direction.
(4) 
In all cases, the proper work zone signing in accordance with PennDOT Publication 203 shall be installed and maintained by the applicant or his agent(s).
(5) 
No Township road shall be closed without first obtaining approval from the Township Engineer.
(6) 
No Township road shall be closed without first submitting a detour plan and having it approved by the Township Engineering Office.
(7) 
No Township road shall be closed without setting up the detour as approved.
(8) 
The detour signs shall be maintained in proper condition at all times.
(9) 
No Township road shall be closed without first giving 48 hours' advance notice to the Township Engineering Office.
Q. 
Excavation in overlaid and reconstructed streets. Except for emergencies, no excavation shall be permitted in any Township road or street that has been overlaid, topped or reconstructed within the previous five years.
[Amended 2-19-2020 by Ord. No. 3067]
A. 
Responsibility. From and after the enactment of this article, upon completion of the requirements as provided in Article XXIII of the First Class Township Code, the owner or owners of any lot, parcel, tract of land or premises fronting or abutting on an affected public street, road or avenue within the Township of Upper Darby upon which a grade has heretofore been or hereafter shall be established shall, upon receipt of written notice from the Township, at their respective costs and expenses, construct, repair and maintain the curbing, sidewalk and driveway aprons in front of and along the property owned by them.
B. 
Posting notices. The aforementioned notice shall be sent by first class mail or by special messenger to the last known address of the individuals, association or corporation in whose name the title to the lot, parcel, tract of land or premises appears of public record to be owned, and if such mail be returned unclaimed or special messenger be unable to find the owner, then such notice shall be given by posting a copy of the same on the land or premises so involved.
C. 
Line and grade:
(1) 
Curbs and sidewalks shall be laid out and constructed in conformity with the lines and grades of the street established by the Township Engineer.
(2) 
New construction may conform to lines and grades of existing adjacent curbs and sidewalks which are in good condition, subject to approval by the Township Engineer.
D. 
Curbs (new construction or maintenance):
(1) 
All curbing construction shall comply with applicable plans and specifications, including but not limited to federal, state and the Americans with Disabilities Act (ADA) requirements, and shall be constructed as directed in § 630 of Publication 408, Specifications, and PennDOT Publication 72M, Roadway Construction Standards, as amended, and as follows:
(a) 
The concrete curb shall be seven inches wide at the top and tapered to eight inches wide at the bottom, with the street side battered to make the eight inches.
(b) 
The distance from the top of the curb shall not be less than 18 inches to the bottom, measured vertically, or so modified to meet field conditions as approved by the Township. Extra depth may be required. Both top corners shall have a 3/4 radius.
(c) 
For new construction, curbs shall have a minimum four-inch depth of crushed aggregates stone base (AASHTO No. 57).
(d) 
The concrete mix shall be the same as for sidewalk construction.
(e) 
All curbs shall be cast in sections with 1/2 inches premolded expansion joints every 20 feet and control joints every 10 feet.
(f) 
Curbs shall be cast separately from driveway aprons and sidewalks, with 1/2 inches premolded expansion joints where curbing and sidewalk abut each other.
(g) 
Curbs placed across driveways shall be reduced in height from eight inches above final grade to 1 1/2 inches, reverting at each end to full height by a reverse vertical curve in a distance of two feet.
(h) 
Curbs placed across ADA curb ramps shall be reduced in height from eight inches above final grade to zero inches, reverting at each end in a distance of six feet.
(i) 
Straight forms shall not be used on curves unless authorized by the Township Engineer.
(j) 
When installing curbs on existing streets, the existing pavement shall be saw cut straight prior to excavation.
(k) 
All excavated material shall be removed from the cartway by the end of each working day.
(l) 
Curbs shall be tied into catch basins with reinforcing bars to prevent settlement of the curb.
(m) 
Rain conductors in curbs shall be no more than one inch below the top of curb to allow for future resurfacing of the street.
(n) 
Depressed curbs at driveway entrances shall have two #5 reinforcing bars installed.
(2) 
Trench restoration of right-of-way parallel and adjacent to curbing shall be constructed as follows:
(a) 
Prior to replacement of the base course, one foot outside the edge of the opening shall be sawed, in a neat straight vertical line, to the top elevation of the existing aggregate subbase or stone base course. Remove all detached material from the opening.
(b) 
The trench restoration shall consist of a subbase of no less than 8 1/2 inches of thoroughly compacted PennDOT No. 2A stone aggregate measured vertically to the bottom on top of eight inches of Superpave 37.5 mm base course.
(c) 
Prior to replacement of the wearing course, a second cut one foot outside from the first cut specified above, shall be sawed in a net horizontal line to a depth no less than 1 1/2 inches. The strip of wearing course 1 1/2 inches thick by one foot wide shall be removed and disposed.
(d) 
The wearing course shall be not less than 1 1/2 inches of Superpave 9.5 mm wearing course and not less than two feet wide.
(e) 
Seal along joints 12 inches wide with Hot E-1 emulsified asphalt for all abutting pavement and curbs.
E. 
Sidewalks (new construction or maintenance). Sidewalks shall be constructed according to § 676 of PennDOT Publication 408, Specifications, as amended, and to the following specifications:
(1) 
All newly constructed sidewalks in residential areas shall not be less than four feet in width along with a two-foot-wide grass strip abutting the curb, and in business areas, six feet wide, unless approved by the Township Engineer.
(2) 
Reconstruction or repairs to existing sidewalks shall match the width of the existing sidewalk. Exceptions to the minimum width requirements may be granted by the Township in such cases in which previously existing conditions would merit or justify such an exception.
(3) 
A sidewalk shall be composed of not less than four inches of concrete, using PennDOT Class A cement concrete, or high-early-strength concrete of 3,300 pounds per square inch, or shall be composed of brick, concrete paver or approved equivalent. Equivalent construction must be approved by the Township Engineer. Sidewalk blocks adjacent to driveway apron shall be constructed with two layer of welded wire fabric WWF 6 x 6 - W1.4 x W1.4, spaced at a minimum of two inches.
(4) 
A nonskid finish shall be used.
(5) 
A concrete sidewalk shall be placed on a six-inch thoroughly compacted base of PennDOT No. 2A stone aggregate. A brick sidewalk shall be placed on a four-inch-thick base of stone aggregate followed by a two-inch layer of sand, screenings or approved equivalent. No other base material will be acceptable.
(6) 
Property owners shall be responsible for maintenance of grass and the area between the sidewalk and the right-of-way line.
(7) 
Sidewalks and grass strips shall slope toward the curb at 1/4 inch per foot.
(8) 
Curb-cut ramps shall be constructed at all street intersections in full compliance with all federal, state and Americans with Disabilities Act (ADA) requirements. ADA ramps are to be constructed with pedestrian warning devices for the visually impaired. Specifications shall conform to PennDOT and labor and industry standards.
F. 
Driveway apron (new construction or maintenance). All driveway aprons hereafter constructed in Upper Darby Township shall be constructed according to § 676 of PennDOT Publication 408, and PennDOT Publication 72M, Roadway Construction Standards, as amended, and to the following specifications:
(1) 
A driveway apron shall be composed of not less than six inches of concrete, using Class A cement concrete or high-early-strength concrete of 3,300 pounds per square inch with one layer of welded wire fabric WWF 6x6 - W1.4 x W1.4, or shall be composed of brick, concrete paver or approved equivalent. The area between the adjacent sidewalks shall have a 1/2-inch-thick expansion joint material.
(2) 
A concrete driveway apron shall be placed on a six-inch thoroughly compacted base of PennDOT No. 2A stone aggregate. A brick sidewalk shall be placed on a four-inch-thick base of stone aggregate followed by a two-inch layer of sand, screenings or approved equivalent. No other base material will be acceptable.
(3) 
A nonskid finish shall be used.
(4) 
Reconstruction or repairs to existing driveway aprons shall match the width of the existing sidewalk. The Township, in cases in which previously existing conditions would merit or justify such an exception, may grant exceptions to the minimum width requirements.
G. 
Materials:
(1) 
Concrete for curbs, sidewalks and driveway aprons shall be PennDOT Class A cement concrete and shall have a 28-day compressive strength of no less than 3,300 pounds per square inch and shall be air-entrained.
(2) 
All concrete work shall be covered for 72 hours or sprayed with curing compound to prevent loss of moisture.
(3) 
No concrete work shall be placed on frozen, wet or yielding ground.
(4) 
When freezing temperatures are expected within five days, concrete work shall be protected with insulation.
A. 
All construction and reconstruction to be governed. These regulations shall govern all construction or reconstruction of any new or existing roads or streets in the Township. Regulations in the latest edition of Form 408 and in Bulletin 25 shall govern all materials and procedures, unless otherwise specified in this or any other Upper Darby Township ordinance.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
B. 
Storm drainage.
(1) 
Subgrade drains, pipe underdrains, pipe culverts, concrete box culverts and bridges shall be placed as required by the Township Engineer.
(2) 
All pipe placed in existing or proposed Township property shall be Class III or better, "O" ring, reinforced concrete pipe. Smooth-line corrugated polyethylene pipe (S.L.C.P.P.) may be permitted by the Township Engineer.
(3) 
Catch basins and manholes shall conform to crown and grade.
(4) 
Catch basins and manholes shall be concrete; precast or cast-in-place concrete only shall be used for final adjustment of tops.
(5) 
A concrete "channel" shall be placed in the bottom of catch basins to provide self-cleaning.
(6) 
Culs-de-sac shall be designed to keep all drainage along the curbs; no cross flows.
(7) 
Catch basins that exceed five feet in depth shall be equipped with aluminum steps.
C. 
Altering drainage prohibited.
(1) 
Unless specifically authorized by the permit, the permittee shall not, within the right-of-way:
(a) 
Alter the existing drainage pattern or the existing flow of drainage water.
(b) 
Direct additional drainage of surface water toward, onto or into or in any way affect the street right-of-way or street facilities.
(2) 
The issuance of a permit does not authorize the permittee to direct, divert or otherwise drain surface waters over the property of any other property owner.
(a) 
The issuance of a permit does not in any way relieve the permittee from acquiring the consent, permission or other authorization from any property owner who may be adversely affected by drain alterations.
(b) 
The permittee is responsible for any damage caused to any private or public property as a result of work done under the permit.
D. 
Procedures/specifications. Designs of all streets constructed shall be in accordance with the guidelines and requirements for Design of Local Roads and Streets contained in Design Manual, Part II, Highway Design, latest revision, and Penn DOT Publication No. 408, 2000 Edition or latest. The following procedures shall be followed for construction.
(1) 
Local streets:
(a) 
If, at the time of construction, local unstable subgrade conditions are encountered, the Township Engineer may require that all areas of unstable subgrade may be excavated to sufficient depth, replaced with approved material, and compacted to a density and stability equal to or greater than the surrounding subgrade. The Township Engineer may require PennDOT Class 4 geotextile in accordance with § 735 of PennDOT No. 408 specifications to be installed for the entire subgrade of the proposed cartway. Pavement base drain may be required by Township Engineer.
(b) 
Fine grade and roll subgrade.
(c) 
Cut out all soft and yielding areas to a maximum depth of two feet and backfill with 2A modified or 3A modified crushed stone compacted in six-inch lifts. If the soil is still soft at the two-foot depth, place geotextile fabric in the bottom prior to backfilling with 2A or 3A modified crushed stone.
(d) 
Place and compact a minimum six-inch depth of 2A modified crushed stone.
(e) 
Place and compact a minimum four-inch depth of Superpave asphalt design, 25.0 mm, PG 64-22 base course.
(f) 
Place and compact a minimum 1 1/2 inches of Superpave asphalt design, 9.5 mm, PG 64-22 wearing course. The appropriate skid-resistance level shall be used in accordance with PennDOT Publication Nos. 408 and 242. Design mix shall be submitted to the Township for review to include appropriate ESAL.
(2) 
Industrial, commercial, arterial and collector streets.
(a) 
If, at the time of construction, local unstable subgrade conditions are encountered, the Township Engineer may require that all areas of unstable subgrade may be excavated to sufficient depth, replaced with approved material, and compacted to a density and stability equal to or greater than the surrounding subgrade. The Township Engineer may require PennDOT Class 4 geotextile, in accordance with § 735 of PennDOT No. 408 Specifications, to be installed for the entire subgrade of the proposed cartway. Pavement base drain may be required by the Township Engineer.
(b) 
Fine grade and roll subgrade.
(c) 
Cut out all soft and yielding areas to a maximum depth of two feet and backfill with 2A modified or 3A modified crushed stone compacted in six-inch lifts. If the soil is still soft at the two-foot depth, place geotextile fabric in the bottom prior to backfilling with a 2A modified or 3A modified crushed stone.
(d) 
Place and compact a minimum six-inch depth of 2A modified crushed stone.
(e) 
Place and compact a minimum five-inch depth of Superpave asphalt design, 25.0 mm, PG 64-22 base course.
(f) 
Place and compact a minimum two-inch depth of Superpave asphalt design, 19.0 mm, PG 64-22 binder course.
(g) 
Place and compact 1 1/2 inches of Superpave asphalt design, 9.5 mm, PG 64-22 wearing course. The appropriate skid-resistance level shall be used in accordance with PennDOT Publications 408 and 242. Design mix shall be submitted to Township for review to include appropriate ESAL.
(3) 
All streets shall be crowned at 1/4 inch per foot.
(4) 
All thicknesses are final compacted thicknesses.
(5) 
All thicknesses are minimums.
(6) 
Core samples of pavement shall be taken as directed by the Township Engineer and testing performed at the expense of contractor.
(7) 
All sections failing to meet the minimum required thickness shall be overlaid to make up the shortfall, unless this would result in unacceptable loss of curb reveal, in which case the section shall be removed and rebuilt according to specifications.
(8) 
At the discretion of the Township Engineer, the discharge of the sump pumps to the street or in such a way as to reach a street may be restricted. Sump pumps shall discharge onto the same property or be tied directly to a storm sewer with Township permission.
(9) 
No new natural gas mains, water mains, petroleum pipelines, storm sewers, or sanitary sewers shall be placed between the curbline and the right-of-way line.
E. 
Shoulder construction.
(1) 
This work shall consist of constructing supporting shoulders on the sides of all roads and streets within the Township where curbing shall not otherwise be required.
(2) 
Shoulders shall be constructed as required by the Township and shall be PennDOT Type 6-I paved shoulders as in Publication No. 408, § 656, latest revision. Additional shoulder designs may be approved by the Township Engineer where deemed necessary.
A. 
Signs.
(1) 
All signs shall conform to PennDOT Publication 68, latest edition.
(2) 
PennDOT standard sizes shall be installed unless otherwise specified.
B. 
Posts.
(1) 
Street signs (D3-1) shall be mounted on 10-feet-long, 2 1/2-inch-diameter round galvanized steel posts with v-lock anchors.
(2) 
All other traffic signs shall be mounted on standard break-away green-painted steel U-channel posts, two pounds per foot, in sufficient length to provide secure mounting in the ground and seven feet of clearance between the bottom of the sign and the ground or sidewalk (six feet of clearance if there are two signs on a post).
C. 
Placement.
(1) 
Stop signs shall be located at the point of curvature of the right-hand near-side radius.
(2) 
Street signs shall be located as close as possible to the center of the radius opposite that of the stop sign.
(3) 
Other signs shall be located per PennDOT.
(4) 
All signs shall have one foot of lateral clearance between the face of the curb or edge of cartway and the closest sign edge.
General:
A. 
Provide survey monuments at each corner of the new lot.
B. 
Survey monuments shall not be damaged, removed, raised, lowered, altered, relocated, moved, broken, excavated or otherwise disturbed.
C. 
Property pins shall not be damaged, removed, altered, relocated, moved, broken, excavated or otherwise disturbed.
A. 
General:
(1) 
Each new applicant for a permit shall include with its application an application fee as determined and set by the Council from time to time as set forth in Chapter 290, Fees, Article III, Fees for Licenses and Permits, of this Code. This fee shall be directly related to Upper Darby Township's costs in reviewing the application and managing the permit with respect to each permittee. Such costs in managing the permit include, but are not limited to, inspection costs, administrative costs, costs of maintaining the right-of-way and costs of degradation of streets and right-of-way property. If the application is granted, the application fee will apply to the full term of the permit of one year. If the applicant applies for a construction permit concurrently with the application for permit, then the application fee contained herein shall apply to both permit and the construction permit.
(2) 
Each existing permittee applying for a renewal of its permit shall include with its application an annual fee as determined in § 472-16B. Such costs include, but are not limited to, inspection costs, administrative costs, costs of maintaining the right-of-way and costs of degradation of streets and right-of-way property.
(3) 
Before any permit shall be issued to open or excavate any street, or any structure within the right-of-way, the applicant shall pay to the Township such fee as is provided hereinafter or such fee as shall be required by a schedule of fees established below in § 472-16B.
(4) 
Before any payment shall be issued to construct, reconstruct, repair or replace any structure within the right-of-way, the applicant shall pay to the Township such fee as shall be required by a schedule of fees as established in § 472-16B.
B. 
Fees:
(1) 
The schedule of fees shall be as set forth in Chapter 290, Fees, Article III, Fees for Licenses and Permits, of this Code. The current schedule of fees shall be kept on file at the Department of Licenses and Inspections.
(2) 
Extraordinary expenses. In addition to the fees set forth above, a permittee shall pay, within 30 business days of the presentation of a statement, any extraordinary or unusual expenses reasonably incurred by Upper Darby Township as a result of the permittee use of the right-of-way, provided that Upper Darby Township notifies the permittee of the expected expenses prior to them being incurred and provides the permittee with an opportunity to mitigate such expenses. Examples of extraordinary or unusual costs include, but are not limited to: the cost of cleaning the sanitary sewer mains of built-up grease due to the negligence of any property or business owner for not cleaning or installing a grease trap; cost of obtaining and operating a backhoe, dump truck or other heavy equipment used to repair the right-of-way; overtime or special pay for police officers or other emergency services. The statement of such expenses presented to the permittee shall be directly related to the Upper Darby Township's actual costs.
(3) 
Acceptance of payment under this section shall not in any way limit or waive the Upper Darby Township's right to suspend or terminate the permit according to the terms of this article.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Any person, persons, association or corporation who or which shall violate or fail to comply with any of the provisions of this article shall have 20 business days to cure the violation since the notification of the Township in writing of the nature of the violation. If the violation has not been cured within the time period allowed, this article shall be enforced by the filing of a civil complaint or by such other means as may be provided by the Pennsylvania Rules of Civil Procedure. Any person, firm or corporation who violates any building, housing, property maintenance, health, fire or public safety code shall, upon being found liable in a civil proceeding, be ordered to pay a penalty of not more than $1,000, plus the costs of prosecution, plus all Township attorneys' fees incurred in the prosecution of the civil case. Any person, firm or corporation who violates any other ordinance shall, upon being found liable in a civil proceeding, be ordered to pay a penalty of not more than $600, plus the costs of prosecution, plus all Township attorneys' fees incurred in the prosecution of the civil case. Each day that a violation continues shall constitute a separate violation of this article. Each subsection of this article that is violated shall constitute a separate violation of this article.
Should any section, paragraph, clause, or phrase of this article be declared unconstitutional or invalid by a court of competent jurisdiction, the remainder of said article shall not be affected thereby and shall remain in full force and effect.