[Ord. 86, 7/10/1990, § 1.1; as amended by Ord.
119, 4/14/1998]
The following words and terms when used herein shall have the
following meanings; words and terms not contained in this Section
shall have the meaning as clearly indicated by context; however, the
final interpretation shall be by Ralpho Township:
All persons, owners, contractors, developers, or other entities
requesting a Permit or otherwise involved in the permitted project.
[Added by Ord. No. 192, 7/14/2020]
Material used to replace or the act of replacing material
removed during construction.
[Added by Ord. No. 192, 7/14/2020]
The layer or layers of specified or selected material of
designed thickness placed on a subbase or a subgrade to support a
surface course.
[Added by Ord. No. 192, 7/14/2020]
Ralpho Township Municipal Building, 30 South Market Street,
Elysburg, PA 17824.
Fee charged for an officially authorized street excavation
to defray a percentage of costs for resurfacing and reconstruction
of Township streets resulting from the depreciation of streets associated
with street openings.
[Added by Ord. No. 192, 7/14/2020]
Ralpho Township.
Every entrance or exit used by vehicular traffic to or from
a property abutting a Township road.
An unforeseen occurrence or combination of circumstances,
which calls for immediate action or remedy.
[Added by Ord. No. 192, 7/14/2020]
Repair of damages to a utility facility resulting from a
vehicle accident or collision with the facility, a failed component
or storm damage. The term does not include service connections or
disconnections unrelated to vehicle accident, a failed component or
storm damage. Emergency repairs shall be subject to Pennsylvania One
Call (811) emergency repair requirements and conditions.
[Added by Ord. No. 192, 7/14/2020]
A pavement structure, which maintains intimate contact with
and distributes loads to the subgrade and depends on aggregate interlock,
particle friction and cohesion for stability.
[Added by Ord. No. 192, 7/14/2020]
Township road.
The Township's authorized representative assigned to inspect
permitted operations.
[Added by Ord. No. 192, 7/14/2020]
Township road.
Township road occupancy permit.
Any natural person, firm, partnership, association, corporation
or their agents or assigns.
Drawings which show the location, character and dimensions
of the proposed occupancy and work, including related road features,
layouts, profiles, cross sections, drainage calculations and details,
and other details.
The Ralpho Township Roadmaster.
Ralpho Township or its duly authorized representative.
Every device in or by which any person or property is or
may be transported or drawn upon a Township Road. This term includes
special mobile equipment as defined in the Commonwealth of Pennsylvania
Vehicle Code.
[Ord. 86, 7/10/1990, § 1.2; as amended by Ord.
119, 4/14/1998]
1.
Permit. No construction, reconstruction or repaving of a driveway
connecting to a Township road shall commence until the property owner
shall first obtain a permit from the Roadmaster. An application, with
accompanying plans, shall be filed with the Roadmaster. The Roadmaster
shall review the plans and, if satisfied they are in compliance with
this Part, direct the Roadmaster to issue a permit. The permit fee
shall be set by the Township.
2.
General Rule. All driveways shall be located, designed, constructed,
reconstructed, repaved and maintained in such a manner as not to interfere
or be inconsistent with the design, maintenance and drainage of the
highway.
3.
General Location Restrictions. Access driveways will be permitted
at locations in which:
A.
Sight distance is adequate to safely allow each permitted movement
to be made into or out of the access driveway, as approved by the
Township Engineer.
B.
The free movement of normal highway traffic is not impaired.
C.
The driveway will not create a hazard.
D.
The driveway will not create an area of undue traffic congestion
on the highway.
4.
Specific Location Restrictions.
A.
Access driveways shall not be located at interchanges, ramp areas,
or locations that would interfere with the placement and proper functioning
of highway signs, signals, detectors, lighting or other devices that
affect traffic control.
B.
The location of a driveway near a signalized intersection may include
a requirement that the permittee provide, in cooperation with the
Township, new or relocated detectors, signal heads, controller, and
the like, for the control of traffic movements from the driveway.
C.
Access to a property which abuts two or more intersecting streets
or highways may be restricted to only that roadway which can more
safely accommodate its traffic.
D.
The Township may require the permittee to locate an access driveway
directly across from a highway, local road or access driveway on the
opposite side of the roadway if it is judged that offset driveways
will not permit left turns to be made safely or that access across
the roadway from one access to the other will create a safety hazard.
5.
Local Roads. An access intended to serve more than one property or
to act as a connecting link between two or more roadways is considered
a local road and not a driveway regardless of its ownership. As such,
its design must be in accordance with the PennDot Publication PDT
190. All other requirements shall be complied with before the local
road will be allowed access onto a State highway.
6.
Number of Driveways. The number and location of entrances which may
be granted will be based on usage, interior and exterior traffic patterns
and current design policy of the Township.
A.
Normally, only one driveway will be permitted for a residential property
and not more than two driveways will be permitted for a nonresidential
property.
B.
If the property frontage exceeds 600 feet, the permit may authorize
an additional driveway.
C.
Regardless of frontage, a development may be restricted to a single
entrance/exit driveway, served by an internal collector road separated
from the traveled way.
7.
Approaches to Driveways. Driveway approaches shall conform to the
following standards:
A.
The location and angle of an access driveway approach in relation
to the highway intersection shall be such that a vehicle entering
or leaving the driveway may do so in an orderly and safe manner and
with a minimum of interference to highway traffic.
B.
Where the access driveway approach and highway pavement meet, flaring
of the approach may be necessary to allow safe, easy turning of vehicular
traffic.
C.
Where the highway is curbed, driveway approaches shall be installed
1 1/2 inches above the adjacent highway or gutter grade to maintain
proper drainage.
8.
Restoration of Slopes. All disturbed slopes or earthen areas shall
be restored to their original condition, or in a manner approved by
the Township.
9.
Altering Drainage Prohibited. Unless specifically authorized by the
permit, the permittee shall not:
10.
Disposition of Materials.
A.
The permittee shall keep the improved area free of all material which
may be deposited by vehicles traveling upon or entering onto the highway
during the performance of work authorized by the permit.
B.
The permittee shall be responsible for controlling dust conditions
created by its operations.
C.
All excess material and material that is not suitable for backfill
shall be removed and disposed of outside the right-of-way as the work
progresses.
D.
All retained suitable material shall be placed or stored outside
the improved area, and in such a manner that there will be no interference
with the flow of water in any gutter, drain, pipes, culvert, ditch
or waterway.
11.
Equipment Damaging Highway.
A.
To protect the pavement and shoulders, all equipment shall have rubber
wheels or runners and shall have rubber, wood or similar protective
pads between the outriggers and the surface, unless otherwise authorized
by the permit.
B.
In the event that other than rubber equipped machinery is authorized
for use, the pavement and shoulders shall be protected by the use
of matting, wood or other suitable protective material having a minimum
thickness of four inches.
C.
If the equipment damages the pavement or shoulders, the permittee
shall restore the pavement or shoulders to their former condition,
at the permittee's expense.
12.
Traffic Protection and Maintenance. Maintenance and protection of
traffic shall be carried out in accordance with the requirements of
the Township, as set forth in PennDOT Publication 43 and Publication
90, if required.
A.
The permittee shall provide and maintain all necessary precautions
to prevent injury or damage to persons and property in accordance
with instructions furnished by the Township. A traffic control plan
shall be submitted to and approved by the Township before closing
any portion of a lane to vehicular traffic.
B.
Traffic control devices shall be provided in accordance with PennDOT
Publication 43 and Publication 90. Any open trench or hole shall be
adequately barricaded to prevent possible injury to pedestrians and
the motoring public. All traffic control devices shall be of an approved
type. Signs shall conform to the requirements of PennDOT Publication
68.
C.
Designated employees shall be assigned by the permittee to direct
one lane traffic. Flagman shall be provided as specified in the permit
and in accordance with PennDOT Publication 43 and Publication 90.
13.
Restoration. All disturbed portions of the highway, including slopes
and all appurtenances and structures such as guard rail or drain pipes,
shall be restored by the permittee to a condition at least equal to
that which existed before the start of an work authorized by the permit.
This includes providing appropriate end treatments on guard rail systems
where existing guard rail is being broken by the driveway.
14.
Approval by Roadmaster. Approval by the Township's Roadmaster
of all or part of any permitted work shall not constitute acknowledgment
that the work was performed in accordance with the permit, nor shall
such approval of the Roadmaster act as a release of the permittee
or waiver by the Township of its right to seek performance or restitution
by the permittee.
15.
Maintenance. All driveways and adjacent area within the highway right-of-way
shall be continuously maintained by the property owner so as to conform
to the permit and so as not to interfere or be inconsistent with the
design, maintenance and drainage of the highway, or the safe and convenient
passage of traffic upon the highway.
[Ord. 86, 7/10/1990, § 1.3]
1.
General.
A.
The ability of a driveway to safely and efficiently function as an
integral component of a highway system requires that its design and
construction be based on the amount and type of traffic that it is
expected to serve and the type and character of roadway which it accesses.
This Part separates driveways into four classifications, based on
the amount of traffic they are expected to serve.
B.
The design features described in this section and illustrated in
the attendant figures are to be used by the applicant in designing
the driveway plans which accompany the application. Dimensions shall
be selected from the range of values shown on the appropriate figure,
unless site conditions warrant a deviation. The Township may require
design details which are more stringent than those specified in this
chapter to ensure the safe and efficient operation of any proposed
driveway.
C.
All driveways that extend into the right-of-way must transition to
bituminous pavement no less than four feet from the edge of the roadway
pavement.
[Added by Ord. 185, 6/9/2015]
2.
Angle of Access Driveway Approach.
A.
Access driveway approaches used for two-way operation shall be positioned
at right angles, that is, 90°, to the highway or as near thereto
as site conditions permit, except as authorized by the Township Engineer.
B.
When two access driveways are constructed on the same property frontage
and used for one-way operation, each of these driveways may be placed
at an angle less than a right angle, but not less than 45° to
the highway, except that along divided highways where no openings
are allowed in the median the minimum angle of an existing driveway
may be 30°.
3.
Driveways Adjacent to Intersections. Driveways serving properties
located adjacent to a highway intersection are subject to the following:
A.
There shall be a minimum ten-foot tangent distance between the intersecting
highway radius and the radius of the first permitted driveway.
B.
The distance from the edge of pavement of the intersecting highway
to the radius of the first permitted driveway shall be a minimum of
20 feet on curbed highways and 30 feet on uncurbed highways.
4.
Property Line Clearance. Except for joint-use driveways, no portion
of any access shall be located outside of the property frontage boundary
line.
5.
Multiple Driveways. Multiple driveways serving the same property
must be separated by a minimum distance of 15 feet measured along
the right-of-way line and 20 feet measured along the shoulder, ditch
line or curb. When the distance between multiple driveways is 50 feet
or less, measured along the shoulder or ditch line, the area between
shall be clearly defined by permanent curbing. This curb shall be
placed in line with existing curb or two feet back of the shoulder
or ditch line on uncurbed highways. It shall be extended around the
driveway radii to the right-of-way line.
6.
Site Requirements.
A.
All nonresidential buildings shall be located a sufficient distance
from the right-of-way line to provide ample driving area and parking
off the right-of-way to prevent storage of vehicles on the access
driveways and to prevent the backup and turning of vehicles on the
highway pavement.
B.
The radii of internal curves shall be as large as possible to allow
a direct movement from the highway into a proper position to obtain
service or parking without any interference to other vehicles attempting
the same maneuver.
C.
Applications for driveways providing access to drive-in service developments
shall, when requested, include information relative to the amount
of storage provided between the service facility and the right-of-way,
the number of service operations anticipated during peak periods and
the hours and days of operation.
D.
The area between the right-of-way line adjacent to and on both sides
of a driveway shall be used as a clear zone to provide a physical
barrier between the traveled way and activity on private property.
This area shall remain free of any obstructions which may interfere
with a clear line of vision for entering or existing vehicles.
7.
Curbing.
A.
The permit may require the installation of curbing wherever it is
required to control access or drainage, or both. All curbing must
be permanent cement concrete curbing per PennDOT Roadway Standards
and PennDOT Form 408.
B.
Where property abutting the right-of-way line could be used as a
parking area, the permit may require curbing, permanent guardrail
or fencing to be constructed along the right-of-way line in order
to prohibit vehicle encroachment upon the sidewalk or shoulder area.
C.
If, in the opinion of the Township, there is a high probability that
vehicles would otherwise utilize a portion of the property frontage
other than the approved driveway to gain access to the property, the
permit may require curbing or other physical barriers to be constructed.
D.
When curb exists adjacent to the proposed driveway, the line and
grade of the existing curb shall be matched, unless otherwise authorized
by the permit.
8.
Access Driveway Pavement. Access driveways shall be surfaced with
bituminous or cement concrete material in all zoning districts. However,
in the Agricultural-Forest District, the Supervisors of Ralpho Township
may permit other appropriate surfaces for driveways exceeding 100
feet in length, for good cause shown.
[1]
Editor's Note: Ordinance 185, adopted 6/9/2015, also provided
for the addition of Exhibit A, which is included as an attachment
to this chapter, and indicated that "All driveways shall be constructed
in conformity therewith."
[Ord. 86, 7/10/1990, § 1.4; as amended by Ord.
119, 4/14/1998]
1.
The permit referred to in § 102(1) herein shall expire
60 days after issuance. During this sixty-day period, construction
of the driveway in accordance with this Part must be completed. Upon
completion, the property owner shall contact the Roadmaster and request
that an inspection be made. An inspection fee set by Ralpho Township
shall be paid to the Township Clerk at the time the request is made.
If the Roadmaster is satisfied the driveway has been constructed in
accordance with this Part, an occupancy permit shall be issued.
2.
If the Supervisors or Roadmaster believe an inspection by the Township
Engineer is necessary, the property owner shall be responsible for
payment of the Engineer's fee and expenses at his prevailing
rate.
[Ord. 86, 7/10/1990, § 1.5; as amended by Ord.
112, 6/11/1996, §§ 1,2; and by Ord. 119, 4/14/1998]
1.
General Rule. Any violation of these regulations or the permit requirements
shall constitute grounds for imposition of any or all of the following
penalties:
A.
Upon receipt of oral or written notice of any violation, the permittee
shall cease to perform any further work in the permitted area except
to restore the area to a safe condition. No further work shall commence
in the permitted area until the violation has been remedied. Where
the permittee has received oral notice of the violation, written notice
shall be sent to the permittee within 10 days of receipt of the oral
notice.
B.
Revocation of the applicant's permit by the Township.
C.
The Township may block driveways or sever, remove or block drainage
facilities constructed without a permit or in violation of these regulations,
or permit, at the expense of the permittee.
D.
Penalties. Any person, firm or corporation who shall violate any
provision of this Part, upon conviction thereof in an action brought
before a district justice 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.
E.
If the permit is revoked per Subsection B above, and the permittee requests reinstatement of the permit, the permittee shall be required to post financial security (in a form as approved by the Township) in an amount equal to or greater than the driveway construction cost as estimated by the Township Engineer. The financial security will be returned to the permittee upon completion of the driveway construction in accordance with the requirements of the permit, or shall be used by the Township to complete the driveway construction in accordance with the permit requirements, if the permittee fails to complete the work in accordance with the permit.
[Ord. 50, 11/10/1981, § 1]
In accordance with the provisions of § 1156 of Article
XI of the Second Class Township Code, as amended, no railroad or street
railway shall hereafter be constructed upon any Township road, nor
shall any railroad or street railway crossing, nor any gas pipe, water
pipe, electric conduits or other piping, be laid upon or in, nor any
drain, culvert, footpath, drive or driveway, or other means of ingress
or egress be graded, constructed, installed or erected onto or in,
nor shall any telephone, or electric light or power poles, or any
coal tipples or any other obstructions be erected upon or in, any
portion of a Township road except under such conditions, restrictions
and regulations relating to the installation and maintenance thereof,
as may be prescribed in permits granted by the Township for such purposes.
[Ord. 50, 11/10/1981, § 2; as amended by Ord. 180, 3/11/2014; and by Ord. No. 192, 7/14/2020]
The application for a permit shall be on a form prescribed by
the Township and submitted to the Township no less than 30 days prior
to the beginning of construction. Exceptions may be made in the case
of an emergency. The application shall be accompanied by a fee established
by a resolution of the Board of Supervisors; said fee schedule may
be changed from time to time by resolution of the Board of Supervisor,
and, to the extent not specifically set in that resolution, the fee
shall be established in accordance with the Schedule of Fees set forth
by the Department of Transportation for highway occupancy permits
and restoration charges. In addition, the applicant shall submit three
copies of a sketch showing such dimensions as the location of the
intended facility, width of the traveled roadway, right-of-way lines
and a dimension to the nearest intersecting street. The Roadmaster
shall maintain a list of streets scheduled for pavement or other structural
improvements in the Township's capital improvement construction schedule.
If the applicant has made an agreement with the Township for shared
restoration of an upcoming project, the Township, as part of that
agreement, shall have the ability to exempt the applicant from the
permit application and related fees.
[Ord. 50, 11/10/1981, § 3; as amended by Ord. No. 192, 7/14/2020]
A permit shall be issued to the applicant only after all the
requirements of this Part have been fulfilled.
[Added by Ord. No. 192, 7/14/2020]
All work done pursuant to a permit issued under the provisions
of this Part shall be performed under the direction and to the satisfaction
of the Township or the Township's designated representative.
The permit is binding upon the applicant, its agents, contractors,
heirs, personal representatives, successors and assigns, and shall
be in compliance with the following:
1.
Responsibility. The applicant is responsible for causing compliance
with the terms and conditions of the permit by its employees, agents
and contractors. Responsibility for compliance with the terms of the
permit may not be assigned or transferred by the applicant without
first obtaining approval from the Township or the Township's
designated representative after submitting a written request to do
so. If a permit is assigned or transferred without first obtaining
approval from the Township or the Township's designated representative,
the assignment or transfer is void.
2.
Liability. The applicant is liable to the Township for failure to
comply with the permit and this chapter. The liability of the applicant
to the Township does not preclude the applicant, the Township, or
a property owner adjacent to permitted work from bringing an action
against the applicant's contractor, subcontractor, engineer,
architect, assignee, agent, workers, employees or other persons.
3.
Traffic Control. The applicant shall be responsible to maintain traffic
control devices during duration of work. All maintenance and protection
of traffic control devices shall be in accordance with PennDOT Publications
213 and 408, as amended.
4.
Working Hours. All work shall occur between the hours of 7:00 a.m.
and 5:00 p.m., unless the permit specifically allows a variance from
this work or if the work was completed as an emergency repair.
5.
Notifications Required. In addition to complying with the requirements
of Pennsylvania Act 187 of 1996, as amended, any person or firm to
whom a permit has been issued shall notify the Southern Columbia Area
School District and the Northumberland County 911 Center of any hard
road closing. The notification shall be given to the Southern Columbia
Area School District not less than 36 hours in advance of the commencement
of the work. The notification to the County 911 Center shall occur
immediately prior to the commencement of the work. The notification
to both entities shall indicate the time, place and purpose of the
street excavation. A similar notification shall be sent when the road
is again passable.
6.
Drainage Alterations.
A.
Altering drainage is prohibited unless specifically authorized by
the permit. The applicant shall not:
(1)
Alter the existing drainage pattern or the existing flow of
drainage water.
(2)
Direct additional drainage or surface water toward, onto, or
into or in any way affect the highway right-of-way or highway facilities.
Additionally, the permit does not authorize the applicant to direct,
divert or otherwise drain surface waters over the property of another
property owner.
B.
The permit does not relieve the applicant from acquiring the consent,
permission or other authorization from a property owner who may be
adversely affected by drainage alterations.
7.
Equipment Damaging Highway.
A.
To protect the pavement and shoulders, all equipment shall have rubber
wheels or runners and shall have rubber, wood or similar protective
pads between the outriggers and the surface, unless otherwise authorized
by the permit.
B.
In the event that other than rubber equipped machinery is authorized
for use, the pavement and shoulders shall be protected by the use
of matting, wood or other suitable protective material having a minimum
thickness of four inches.
C.
If the equipment damages the pavement or shoulders, the applicant
shall restore the pavement or shoulders to their former condition,
at the applicant's expense.
[Ord. 50, 11/10/1981, § 4; as amended by Ord. 159,
9/13/2005]
1.
Backfill and Temporary Restoration.
[Amended by Ord. No. 192, 7/14/2020]
A.
It shall be the duty of any person, firm or corporation causing an
opening or excavation to be made to thoroughly and completely backfill
the same.
(1)
All excavation and trenches shall be backfilled to the original
ground surface or to grades specified. The backfill shall begin as
soon as practical after the pipe or other construction has been placed
and shall thereafter be carried on as rapidly as the protection of
the balance of the work will permit. Depositing of the backfill shall
be done in such a manner that the shock of falling material will not
injure the pipe or adjacent structures. All excavation backfill shall
be PennDOT-certified No. 2A coarse aggregate. Under no circumstance
may the original backfill be utilized.
(2)
Compaction of the backfill shall be done in lifts of uniform
layers not to exceed eight inches in depth. Each lift shall be compacted
over the full width of the excavated area. Backfill shall be compacted
to 97% of its maximum dry density as measured using the standard proctor
density test method.
(3)
Special compaction shall be done around all valves, hydrants
and other structures and utilities by the use of pneumatic tampers,
plate tamper or plate vibrators, with lifts not to exceed eight inches
in depth.
B.
The applicant will temporarily pave the opening with flexible base
paving immediately after backfill is complete and shall maintain said
filled opening for a period not to exceed six months, by which time
the opening shall be permanently restored. The applicant is responsible
for providing a smooth riding surface at all times over the trench
or opening and shall make required repairs as directed by the Roadmaster,
Township Engineer or their designee.
C.
At the end of excavation and backfill operations, the applicant shall
provide temporary flexible base pavement restoration in accordance
with the following:
(1)
The temporary flexible base pavement shall consist of a minimum
of three inches of bituminous concrete meeting the requirements of
PennDOT Publication 408, as amended, or other base course material
authorized by the Township or the Township's designated representative.
(2)
The temporary flexible base pavement shall remain in place a
minimum of 60 days prior to the placement of the final pavement restoration,
unless otherwise specified in the permit.
D.
At the end of the workday, an opening in the right-of-way shall be
covered, backfilled or protected. If work is stopped on a project
the applicant shall promptly backfill the opening and restore the
surface, and work may not be resumed until the applicant is prepared
to proceed with the work to its completion. If the applicant fails
to backfill the opening or proceed until completion of the work, the
Township reserves the right to do the work upon notice to the applicant,
where practicable, and shall be reimbursed for the costs by the applicant
within 30 days after receipt of the Township's invoice.
E.
In all cases, the contractor shall blade and compact the highway
after the trench has been backfilled, so that it shall be passable
to traffic at all times. The contractor shall maintain the roadway
in a condition acceptable to the Township or the Township's designated
representative at all times until final approval of the entire work
by the Township or the Township's designated representative.
F.
Temporary restoration includes the restoration of any curbing.
2.
Permanent Restoration.
[Amended by Ord. 188, 7/11/2017; and by Ord. No. 192, 7/14/2020]
A.
Final base and surface restoration. Final base and surface restoration
of flexible base pavements shall be in accordance with the following:
(1)
Prior to final restoration of the pavement, one foot outside
of each edge of the opening or any damaged area shall be sawed the
full depth of pavement in a neat straight line. If tear out or other
pavement damage subsequently occurs, the line shall be resawn one
foot beyond any damaged area. The detached material shall be removed
without damaging the adjacent pavement. The use of a pavement breaker
is prohibited. The applicant may partially saw cut the pavement to
a depth of at least three inches and cut the remaining pavement with
a jackhammer weighing no more than 90 pounds.
(2)
Exposed vertical and horizontal surfaces shall be prepared under
Section 401.3(g) of PennDOT Publication 408.
(3)
The base course shall consist of Superpave 25.0 MM Base Course
material, PG 64-22, 0.0 to 0.3 ESALs, meeting the requirements of
Section 309 of Publication 408 or other base course material authorized
by the Township. The base course material shall have a minimum depth
of five inches or a depth equal to the existing base course, whichever
is greater.
(4)
The wearing course shall consist of Superpave 9.5 MM Wearing
Course material, PG 64-22, 0.0 to 0.3 million ESALs, meeting the requirements
of Section 409 of Publication 408. The wearing course shall have a
minimum depth of 1 1/2 inches or a depth equal to the existing
wearing course, whichever is greater.
B.
Markings. All roadway or pavement markings are to be restored by
the applicant.
C.
Ongoing Obligations. It shall be the responsibility of the applicant
to continue the maintenance of that repaired opening for the life
of the street or until the Township resurfaces the street.
3.
Additional Restoration Requirements. If the applicant opens any roadway
pavement having a bituminous concrete surface, the applicant shall
comply with the following requirements:
A.
When a longitudinal opening longer than 10 feet and wider than three
feet is made in the roadway pavement, the applicant shall overlay
the entire traffic lane in which the opening was made for the entire
length of the roadway that was opened, as directed by the Roadmaster,
the Township Engineer or their designee.
B.
When two or more transverse trench openings are made in the roadway
pavement, less than 30 feet apart, the applicant maybe required to
overlay all traffic lanes in which the openings were made for the
entire length of the roadway between such openings, as directed by
the Roadmaster, Township Engineer or their designee.
C.
When five or more square-type openings have been made by the same
applicant in the roadway pavement less than 50 feet apart, the applicant
may be required to overlay all traffic lanes in which the openings
were made, for the entire length of the roadway covering such openings,
as directed by the Roadmaster, Township Engineer or their designee.
D.
When two or more square-type openings are made within 10 feet of
each other, the Roadmaster, Township Engineer or their designee may
require the applicant to connect all holes and treat such as one opening.
E.
When disturbed lanes adjacent to undisturbed lanes are overlayed,
the edge of the disturbed lane shall be saw-cut to a depth of 1 1/2
inches for the length of the opening and the detached material removed,
in order to ensure a smooth joint. A full-width overlay may be performed
instead of saw-cutting and stripping the disturbed lane or lanes.
F.
In the event any roadway pavement is disturbed within five years
of the road being paved by the Township, the applicant shall overlay
the entire roadway width, curb to curb, for the entire length of the
roadway that was opened.
[Added by Ord. 188, 7/11/2017]
4.
Clean Surface Requirement. Streets and alleys shall be kept free
of mud, dust and aggregate material at all times. Sweeping shall occur
as necessary.
5.
Financial Security Agreements. When more than 2,000 square feet of
roadway is disturbed, the Township may, at its sole discretion, require
the applicant to execute a financial security agreement in an amount
equal to 110% of the estimated restoration costs of the construction
or reconstruction. If financial security is required, it shall be
delivered to the Township or the Township's designated representative
in a form and amount acceptable to the Township's Solicitor and shall
guarantee restoration and maintenance of the highway for a period
of at least two years after the acknowledged completion of the permitted
work. The following documents are acceptable forms of financial security:
[Added by Ord. No. 192, 7/14/2020[1]]
A.
An individual
or blanket bond executed by the applicant and naming the Township
as obligee.
B.
An irrevocable
letter of credit signed by a bank officer and naming the Township
as sole beneficiary; to be honored on presentment.
C.
An assignment
of cause of action when authorized by the Township.
D.
An escrow
account in a form acceptable to the Township.
[1]
Editor's Note: This ordinance also repealed former Subsection
5, Restoration Bond.
6.
Professional Fees. If the Township or the Township's designated representative
anticipates that the cost of reviewing the required application information
or inspecting the permitted work will exceed the permit application
fees, the following additional fees shall be assessed:
[Added by Ord. No. 192, 7/14/2020[2]]
A.
If the
Township or the Township's designated representative determines that
the permitted work is of sufficient magnitude or importance to warrant
assignment of one or more persons to inspect the permitted work on
a more than spot-inspection basis, the permit will so indicate, and
the applicant shall be charged the inspection fee hourly rate incurred
by the Township or the Township's designated representative for inspection.
B.
The
charges will be calculated either on an actual cost basis or a standard
unit cost basis.
C.
The Township
or the Township's designated representative will provide an itemized
invoice for additional fees due the Township.
D.
All fees
shall be paid in full prior to the start of work. In the event the
fees are unknown or will occur after the issuance of the permit, the
applicant shall escrow those items with the Township.
[2]
Editor's Note: This ordinance also repealed former Subsection
6, Engineering Fees.
7.
Insurance.
[Added by Ord. No. 192, 7/14/2020[3]]
A.
Contemporaneous
with the submission of an application for a permit, the applicant
shall submit to the Township or the Township's designated representative
written evidence, satisfactory to the Township, of permanent public
liability insurance in an amount of not less than $1,000,000. The
same shall remain in full force and effect until 90 days after the
date of the completion of the work for which the permit has been issued.
The insurance will be in such form and with such company as shall
be satisfactory to the Township. The Township shall be named as a
coinsured, and the policy shall include a provision to indemnify and
defend the Township.
B.
In the
event the applicant fails to provide written evidence of said insurance
as required herein or fails to maintain the said insurance as required
herein, the applicant shall cease all work, and the Township may exercise
its rights under the financial security agreement to complete the
work or take such action as is necessary to make the area of work
safe or pay for liability insurance. The costs of any action taken
by the Township shall be paid from the financial security required
hereunder, or the same shall be collectible by the Township in the
manner provided by law for collection of municipal claims. The applicant
shall be responsible for all costs incurred but not paid from the
financial security.
[3]
Editor's Note: This ordinance also repealed former Subsection
7, Notice of Completion..
[Ord. 50, 11/10/1981, § 5; as amended by Ord. No. 192, 7/14/2020]
Upon completion of the work authorized by the permit, the applicant
shall give written notice thereof to the Township. Upon receipt of
such notice, 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 it within 30 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.
[Ord. 50, 11/10/1981, § 6; as amended by Ord. 112,
6/11/1996, §§ 1, 2; and by Ord. 119, 4/14/1998]
Any person, firm or corporation who shall violate any provision
of this Part, upon conviction thereof in an action brought before
a District Justice 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.
