[Ord. 8/8/1985, § 1]
1.
It is in the public interest to regulate:
A.
The location and construction of utility facilities and other structures
within the municipality's right-of-way; and
B.
The location, design, construction, maintenance and drainage of access
driveways and private streets within the municipality's right-of-way,
for the purpose of ensuring the structural integrity of the street,
economy of maintenance, preservation of proper drainage, and safe
and convenient passage of traffic.
[Ord. 8/8/1985, § 2]
As used in this Part 1, the following terms shall have the meanings
indicated:
Township of Montour, Columbia County.
[Ord. 8/8/1985, § 3]
1.
No work shall be performed within the right-of-way of any public
road or street of the municipality involving the placing or repair
of utility facilities or other structures, opening of the surface
for any purpose, laying out or constructing driveways or roads or
any other means of ingress or egress, or altering of drainage without
first obtaining a permit from the municipality.
2.
Nothing in this section shall be construed to require a permit in
advance for emergency repairs necessary for the safety of the public
or restoration of service, but application for such permit and the
fees shall be submitted as herein prescribed within five days after
the commencement of the work.
[Ord. 8/8/1985, § 4]
The application for a permit shall be on a form prescribed by
the municipality and shall be submitted in triplicate to the municipality's
designated representative. The application for permit shall be accompanied
by three copies of a plan detailing the location and pertinent dimensions
of the opening, the proposed installation and related street features
(width of traveled roadway, right-of-way lines, distance to the nearest
intersecting street, and for driveways, distance to side property
lot lines).
[Ord. 8/8/1985, § 5; as amended by Ord. 4/13/1989, § 5]
The application for permit shall be accompanied by the appropriate
fee provided for in the Township's Fee Resolution. Such fee shall
cover the cost of processing the application and the first inspection
of the work. Fees for additional inspections will be based on the
cost of making the inspection.
[Ord. 8/8/1985, § 6; as amended by Ord. 5/12/1988, § 6]
1.
Drainage Control.
A.
No increase in the flow of water onto the roadway or right-of-way
or onto the property of some other person will be permitted without
a drainage control plan.
B.
If an increase of run-off as described in § 21-106(1)(A)
will occur, appropriate releases shall be obtained from the owners
of land receiving the increased runoff and submitted with the application.
The drainage release shall be notarized and recorded in the office
of the Recorder of Deeds.
2.
Work Standards. All work shall be done in such a manner as shall
be consistent with the safety of the public. Where traffic control
is necessary, it shall be accomplished according to the appropriate
standards of the Pennsylvania Department of Transportation regulating
work site traffic control in effect at the time the work is performed.
3.
Damage to Public Facilities. The permittee shall restore all pavement and shoulders to their former condition at the expense of the permittee and shall be responsible for repairing any failure of facilities within two years of completion of the work. If the permittee fails to comply with this section, the Municipality shall complete the necessary repairs and collect the costs as per § 21-107 of this Part.
4.
Driveway and Private Street Location.
A.
All driveways and private streets shall be located, designed, constructed,
and maintained so as not to interfere with the design, maintenance,
and drainage of the street being intersected.
5.
Driveway Design Standards. All driveways must be constructed according
to the current standards of the Pennsylvania Department of Transportation;
provided, however, that every driveway shall be located at a point
within the property frontage limits which provides at least the minimum
sight distance set forth in the following table:
|
Applicable Speed Limit
|
Sight Distance* Left and Right
(Feet)
|
|---|---|
|
25
|
255
|
|
30
|
320
|
|
35
|
395
|
|
40
|
470
|
|
45
|
555
|
|
50
|
645
|
|
55
|
740
|
|
*
|
Measured from a point 42 inches above the center of the proposed
driveway and 10 feet back into the driveway from the edge of the traveled
or paved portion of the Township Road to points 42 inches above the
center of the Township Road both to the right and left of the proposed
driveway.
[Ord. 5/12/1988] |
6.
Indemnification. The permittee shall fully indemnify and save harmless
and defend the municipality, its agents and employees, of and from
all liability for damages or injury occurring to any person or persons
or property through or in consequence of any act or omission of any
contractor, agent, servant, employee or person engaged or employed
in, about, or upon the work, by, at the instance, or with the approval
or consent of the permitter; from any failure of the permitter or
any such person to comply with the permit or this Part; and, for a
period of two years after completion of the permitted work, from the
failure of the highway in the immediate area of the work performed
under the permit where there is no similar failure of the highway
beyond the area adjacent to the area of the permitted work.
[Ord. 8/8/1985, § 7]
Upon completion of the work authorized by permit, the municipality
through its designated representative, shall cause the work to be
inspected and, when necessary, enforce compliance with conditions
prescribed by the permit and this Part. If the permitter shall fail
to rectify any defect within 60 days of written notice from the municipality
to do so, the municipality may cause the work to be performed and
impose upon the permittee the cost thereof together with an additional
20% of such cost to offset administrative costs.
[Ord. 8/8/1985, § 8; as amended by Ord. 12/15/1987; and by Ord. 9/11/1997, § 1]
Any person, firm or corporation who shall violate any provision
of this Part, upon conviction thereof in an action brought before
a Magisterial District Judge in the manner provided for the enforcement
of summary offenses under the Pennsylvania Rules of Criminal Procedure,
shall be sentenced to pay a fine of not more than $1,000 plus costs
and, in default of payment of said fine and costs, to a term of imprisonment
not to exceed 90 days. Each day that a violation of this Part continues
or each section of this Part which shall be found to have been violated
shall constitute a separate offense.
