[HISTORY: Adopted by the Board of Supervisors of the Township
of Barrett as indicated in article histories. Amendments noted where
applicable.]
[Adopted 5-23-2006 by Ord. No. 145]
As used in this article, the following terms shall have the
meanings indicated:
Any person making application for a road opening permit.
An aggregate material composed of materials approved by the
Township and specified by the Pennsylvania Department of Transportation,
Publication Number 408.
All expenditures by the Township for labor, equipment and
materials.
Any unforeseen circumstance or occurrence which constitutes
a clear and immediate danger to persons or properties.
Any ditch, trench, tunnel, saw cut, test or vent hole, boring,
or opening in or under the surface of any street in the Township.
A site visit by the Township Roadmaster or designee to verify
compliance with the provisions of this article.
The agency responsible for coordinating the notification
of all utilities of an impending street excavation.
The fee paid by the permittee to the Township for inspections
and for the administration of this article.
Any person who has been issued a permit and who is responsible
for fulfilling the requirements of this article.
Any natural person, partnership, firm, association, utility,
corporation, or authority.
A fee paid by the permittee to the Township as a security
deposit to assure the street excavation is repaired in accordance
with the provisions of this article.
The legal right-of-way of any street in the Township.
That portion of the street right-of-way reserved for pedestrian
traffic.
The entire right-of-way of a public street. The term street
shall include any public streets or road, public alley, public easement,
or public right-of-way owned or maintained by the Township, or in
which the Township maintains utilities within the Township limits.
The Township of Barrett, County of Monroe, Commonwealth of
Pennsylvania.
Implementing appropriate traffic control measures and the
posting of appropriate work area warning signs to provide for the
safety and welfare of the public and construction crews. Work zone
safety shall conform to the Pennsylvania Department of Transportation
Publication Number 203, Work Zone Traffic Control.
A.
It shall be unlawful for any person to make any excavation in any
street without first securing a permit from the Township as provided
herein.
B.
Any person maintaining pipes, lines, or other underground facilities
in or under any street may proceed with an opening without a permit
when emergency circumstances warrant the work be done immediately.
The person shall apply thereafter for a permit on the first regular
business day on which the Township office is open for business. Said
permit shall be retroactive to the date when the work was begun. In
all cases where emergency openings are necessary, the Township Roadmaster
shall be notified prior to such opening by contacting the Monroe County
Control Center.
C.
No person shall perform any work authorized by such permit in any
amount greater than that specified in the permit.
D.
Permits are not transferable from one person to another, and the
work shall not be made in any place other than the location specifically
designated in the permit.
E.
Every permit shall expire on the date specified on the permit. If
the permittee should not be capable of completing the work within
the specified time, the permittee shall, prior to the expiration of
the permit, present in writing to the Township a request for an extension
of time, setting forth the reasons for the requested extension. If
in the opinion of the Township Roadmaster such extension is necessary
and not contrary to the public interest, the permittee may be granted
an extension of time for the completion of work.
F.
No permit shall be issued unless all fees are paid.
G.
Any permit may be revoked by the Township Roadmaster after notice
to the permittee for any violation of the conditions of the permit
or provisions of this article.
A.
It shall be the duty and the responsibility of any person needing
to excavate any street in the Township to make written application
for a road opening permit. Applications are to be made on such forms
as prescribed by the Township. No work shall commence until the Township
Roadmaster has approved the application and the Zoning Officer has
issued a permit. All fees shall be paid prior to issuance of a permit.
B.
The application shall furnish a plan in triplicate showing the work
to be performed under the permit. Said plan shall include, at a minimum,
the following:
C.
The applicant shall notify the PA One Call agency prior to any excavation.
The PA One Call serial number is required on the permit application.
D.
The applicant shall agree to save and hold the Township, and its
employees, officers, and agents, harmless from any and all costs,
damages, or liabilities which may accrue or be claimed to accrue by
reason of any work performed under said permit. The acceptance of
a permit shall constitute such an agreement by the applicant whether
the same is expressed or not.
E.
The applicant shall pay to the Township of Barrett all fees required
under this article and as established and amended from time to time
by resolution of the Barrett Township Board of Supervisors.
F.
The applicant shall furnish the Township with a certificate of insurance.
A.
Every applicant for a road opening permit shall pay a permit fee
as provided in the Barrett Township Fee Resolution. The fee is nonrefundable
and is intended to cover the costs of inspections and for the administration
of this article.
B.
Every applicant for a road opening permit shall pay a restoration fee as provided in the Barrett Township Fee Resolution. This fee shall serve as a security deposit to assure the street excavation is repaired in accordance with the provisions of this article. This fee is refundable pending satisfactory restoration of the excavation and a satisfactory final inspection by the Township Roadmaster and Township Engineer. The return of restoration fees shall be subject to § 440-7 of this article.
A.
No excavation shall extend beyond the center line of the street before
being backfilled in accordance with the provisions herein and the
road surface temporarily restored.
B.
No excavation shall exceed 150 feet measured longitudinally at any
one time, except by special permission of the Township Roadmaster.
C.
All pavement cuts shall be made with an asphalt saw in the form of
a parallelogram (rectangle or square). Irregular pavement cuts are
not permitted.
E.
No excavation will be undercut or have a greater width at the bottom
than at the top. In case of slips or slides of the excavation, the
same will be trimmed to solid earth and the top surface cut back to
the limit of the same before any backfilling is commenced. When necessary
or when required by the Occupational Safety and Health Act (OSHA),
the sides of the trench shall be sheathed, braced, and rendered secure
until the construction has been laid therein and the trench backfilled.
F.
The bedding and laying of culvert pipes, or water, sewer, gas, petroleum
electric, telephone, communications, or television cable lines shall
conform to the specifications and requirements of the applicable sections
of the Pennsylvania Department of Transportation Publication Number
408.
G.
The top of all culverts shall not be less than 12 inches below the
finish grade of the street. Any pipe, conduit, wire, cable or other
obstruction placed under the Township right-of-way which is less than
36 inches below the finish grade shall not be the responsibility of
the Township in case of rupture or breakage of any kind due to Township
construction, maintenance or excavation.
H.
All conduits, wires, cables, pipes, and lines placed under the Township
right-of-way shall be plainly defined by location ribbon or tape placed
in the excavation trench.
I.
Work zone traffic control shall be provided in compliance with the
regulations established in the Pennsylvania Department of Transportation
Publication Number 203.
J.
All excavated materials and earth shall be removed from the site.
Excavated materials and earth shall not be used as bedding or backfill.
A.
All excavation shall be backfilled using an aggregate material of
2A modified stone as specified in the Pennsylvania Department of Transportation
Publication Number 408.
B.
All excavations shall be backfilled in eight-inch-maximum lifts,
and compacted with vibratory compacting equipment as specified in
the Pennsylvania Department of Transportation Number 408. The excavation
shall be backfilled and compacted to a depth of six inches below the
finish grade of the excavation.
C.
The base course of the street shall consist of ID-2 Super Pave binder
course bituminous asphalt mix placed and compacted with vibratory
compacting equipment to a compacted depth of four inches.
D.
The surface course of the street shall consist of ID-2 Super Pave
wearing course bituminous asphalt mix placed and compacted with a
pavement roller to a compacted depth of two inches. Crack seal must
be used after installation of the surface course on all mill joints.
E.
Temporary pavement restoration may be accomplished utilizing cold
bituminous asphalt mix placed and rolled to a depth equal to the finish
grade. Temporary pavement shall be replaced at the earliest opportunity
with hot mix ID-2 Super Pave bituminous asphalt mix as required above.
Temporary pavements shall be maintained by the permittee to provide
an adequate, safe road surface.
F.
Shoulder areas shall be reconstructed to conform to the existing
cross slope utilizing 2A modified stone, and utilizing vibratory compacting
equipment.
G.
Sidewalks, curbs, and guide rails shall be replaced in a manner satisfactory
to the Township Roadmaster.
H.
All joints and saw cuts shall be sealed utilizing an in-place hot
fiberized asphalt cement, class AC-20, as specified in the Pennsylvania
Department of Transportation Publication Number 408. All joints are
to be clean of loose and foreign material. Fiberized AC-20 shall be
applied a minimum width of four inches and a uniform thickness not
to exceed 1/8 inch.
A.
The Township Roadmaster may conduct inspections at any time during
the excavation and restoration of the road opening. The permittee
shall notify the Township upon completion of all work accomplished
under the provisions of the permit.
B.
The Township Roadmaster shall conduct a final inspection of the work
area and note any deficiencies prior to authorizing the release of
restoration fees.
C.
Should any deficiencies be noted in the final inspection, the Township
Roadmaster shall cause written notice to be served on the permittee
specifying said deficiencies. The permittee shall be responsible to
make all repairs to correct said deficiencies.
D.
Should the permittee fail to correct said deficiencies, the Township
shall retain the restoration fee and make said repairs using Township
work forces. Any and all costs associated with repairs performed by
the Township shall be deducted from the restoration fee. Costs exceeding
the restoration fee shall be invoiced to the permittee.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any person who shall violate any provision of this article shall,
upon conviction thereof, pay to the Township of Barrett a fine of
not more than $1,000, together with the cost of prosecution, or in
default of such payment be sentenced to imprisonment for a term not
to exceed 90 days for each offense. Every day that a violation of
this article continues shall constitute a separate offense.
All ordinances or parts of ordinances or resolutions conflicting
or inconsistent with the provisions of this article are hereby repealed.
This article shall take effect five days after the date of its
enactment.
[Adopted 9-14-2016 by Ord. No. 189]
This article establishes rules, requirements and standards governing
issuance of driveway and road occupancy permits prior to the construction
of any driveway or street accessing a Township road and the collection
of fees and also provides penalties for violations thereof within
the corporate limits of Barrett Township, Monroe County, Pennsylvania.
This article shall be known as and may be cited as the "Barrett
Township Driveway Permit Ordinance (Driveway Ordinance)."
This article has been adopted for the purpose of providing minimum
standards for the protection of life, property, environment and for
the safety of the traveling public.
A.
General rule. It is in the public's interest to regulate the location,
design, construction, maintenance and drainage of access driveways
and streets and other property within the Township road right-of-way
for the purpose of security, economy of maintenance, preservation
of proper drainage and safe and reasonable access.
B.
Other requirements. Issuance of a permit under these regulations
does not relieve the permittee from any additional responsibility
to secure other federal, state or local approval or permits as may
be required by law.
C.
Safety requirements. Nothing contained in this article is intended
to relax existing safety requirements.
The provisions of this article apply to the construction and
upgrading of all driveways and other accessways onto the public road
system of Barrett Township.
A.
Applicability of references. Unless specifically provided in this
article, all references to article, section or subsection numbers
or to provisions not specifically identified by number shall be construed
to refer to such article, section, subsection or provision of this
article.
B.
Ordinance remedial. This article shall be construed to secure its
expressed intent, which is to ensure public safety as it is affected
by unregulated access onto public roads, and to prevent excess stormwater
drainage onto and drainage to the public roads resulting from the
construction of such accessways.
A Township official, designated by resolution of the Board of
Supervisors, is hereby authorized to administer and enforce the provisions
of this article.
A.
Entry. Upon presentation of proper credentials, the official or his
duly authorized representative may enter, at reasonable times, any
premises in Barrett Township to perform any duty imposed upon him
by this article.
B.
Unlawful action. It shall be unlawful for any person, firm or corporation
whether as owner, lessee or occupant, to construct or change (installation
of macadam, etc.) any driveway or street access onto any road that
is currently or proposed to be a part of the Barrett Township public
road system or cause or permit the same to be done contrary to or
in violation of any of the provisions of this article.
Ordinary repairs to driveways or street access entrances may
be made without application or notice to the Roadmaster and any other
Township official designated by resolution of the Board of Supervisors,
but such repairs shall not include resurfacing with macadam, regrading
or diverting stormwater runoff onto the public road.
A.
All sight distances and drainage facilities for driveways and street
access entrances shall be maintained in the same condition as the
original permit requirements.
B.
Property owner responsibility. The owner of the property where the
driveway is located or, in the case of street access, the developer
or property owners' association shall be responsible for the above
maintenance.
A.
This article shall not create liability on the part of the Barrett
Township Board of Supervisors or any officer, consultant, agent, representative
or employee of Barrett Township for damages that may result from reliance
on this article and any amendment thereto or any administrative decision
lawfully made thereunder.
B.
The landowner's signature on the permit application shall be an acknowledgment
and acceptance of this section.
Terms or words used herein, unless otherwise expressly stated,
shall have the following meanings:
The portion of roadway adjoining the traveled way constructed
for the purpose of enabling a vehicle entering a roadway to increase
its speed to a rate at which it can safely merge with traffic.
Any driveway, street or other means of passage of vehicles
between the public roadway and abutting property, including acceleration
and deceleration lanes and such drainage structures as may be necessary
for the proper construction and maintenance thereof.
A line formed by the face of the existing curb or in its
absence the outer edge of the shoulder, along which curbing is or
may be located.
The portion of the roadway adjoining the traveled way constructed
for the purpose of enabling a vehicle that is exiting a roadway to
slow to a safe speed after it has left the mainstream of traffic.
Every entrance or exit used by vehicular traffic to or from
properties abutting a public road, including streets, lanes, alleys,
courts and ways, and shall be classified as follows:
SINGLE/FAMILY RESIDENTIAL DRIVEWAYA residential driveway which serves:
MULTIFAMILY/COMMERCIAL DRIVEWAYA residential and/or commercial driveway which serves:
The narrowest width of a driveway measured perpendicular
to the center line of said driveway.
The exit of vehicular traffic from abutting properties to
a public roadway.
All machinery and equipment, together with the necessary
supplies for upkeep and maintenance, and also tools and apparatus
necessary for the proper construction and completion of the work.
The latest revision of highway construction specifications
issued by the Pennsylvania Department of Transportation.
The distance along the right-of-way line in front of an abutting
property.
A road on the system of Township roads, including the entire
width between right-of-way lines, over which Barrett Township has
assumed jurisdiction.
The area within the right-of-way which has been constructed
for highway purposes, including roadbed, pavement, shoulders, slope,
sidewalks, drainage facilities and any other appurtenances.
The entrance of vehicular traffic to abutting properties
from a public road.
The Township's authorized representative assigned to inspect
permit operations.
The section of right-of-way between driveways from the pavement
edge or curb to the property line.
A driveway shared by and constructed to provide access to
more than one property.
Any structure or area which separates the paved traveled
ways for opposing directions of traffic.
To hold title to land for which a driveway permit is requested.
The edge of the main traveled portion (travelway) of any
street or road, exclusive of shoulder area.
Plain or reinforced cement concrete curb.
A driveway permit issued by Barrett Township pursuant to
this article.
Any natural person, firm, copartnership, association, corporation
or property owners' association filing an application for a driveway
permit.
Drawings which show the location, character and dimensions
of the proposed driveway and related road features, including layouts,
profiles, cross sections, drainage and other details.
The distance measured along the pavement edge or curb between
the property frontage boundary line and the near edge of the driveway.
A Pennsylvania Department of Transportation publication,
sometimes called "Bulletin 43," containing requirements for the maintenance
and protection of traffic on construction projects.
A Pennsylvania Department of Transportation publication containing
regulations governing the design, location and operation of all official
traffic signs, signals and markings on and along highways.
A Pennsylvania Department of Transportation publication containing
requirements for work area traffic control during highway maintenance
operations and utility work.
The area which has been acquired by Barrett Township for
public road purposes.
That portion of a road improved, designed or ordinarily used
for vehicular travel, exclusive of the sidewalk or shoulder.
The portion of the roadway (cartway), contiguous to the traffic
lanes, for accommodation of stopped vehicles, for emergency use and
for lateral support of base and surface courses and pavements.
The intersection of the shoulder slope with the side slope
or ditch slope.
A paved walkway, continuous for a reasonable distance and
an integral part of the highway, constructed solely for use by pedestrians.
Any aggregate such as aggregate cement, aggregate, bituminous
or lime pozzyolan, placed in such a manner as to provide a smooth,
stable, all-weather surface not subject to undue traveling.
The distance required by a driver traveling at a given speed
to stop the vehicle after an object on the roadway becomes visible
to the driver.
An amendment to a Township driveway permit issued by Barrett
Township.
Any sign, signal, marking or device placed or erected for
the purpose of regulating, warning or guiding vehicular traffic or
pedestrians, or both.
That portion of a roadway for the movement of vehicles exclusive
of shoulders and auxiliary lanes.
The radius of an arc which approximates the turning path
of the exterior corner of a vehicle.
Every device in or by which any person or property is or
may be transported or drawn upon a highway. The term includes special
mobile equipment as defined in the Pennsylvania Department of Transportation
Vehicle Code.[1]
[1]
Editor's Note: See 75 Pa.C.S.A. § 101 et seq.
A.
All driveways, street entrances or drainage facilities or structures
proposed to be constructed or altered within the Township road right-of-way
and any drainage facility of the Township proposed to be altered or
connected onto shall require a driveway permit from Barrett Township.
B.
Permit application procedures. Application for a permit to construct
or alter (resurface, revise drainage pattern, etc.) a driveway or
street access entrance or to alter or connect onto any Township drainage
facility shall be made to the Township by the property owner(s) or
by a person who is an authorized agent of the owner(s).
C.
Authorized agent requirements. An authorized agent must have written
authorization to act in behalf of the property owner(s), signed by
the owner(s), with signature(s) witnessed and notarized.
All permit applications shall be on forms provided by the Township
and shall contain and/or be accompanied by the information and documents
listed below.
A.
Single/two-family residential driveways.
(1)
Driveway location in relation to side property lines.
(2)
Township road right-of-way line.
(3)
All related Township road facilities (pavement, shoulders, culverts,
ditches, etc.).
(4)
Sight distances along the Township road.
(5)
Type of surface proposed.
(6)
Grade of driveway within the Township road right-of-way.
(7)
All drainage facilities proposed (culverts, ditches, swales, endwalls,
etc.).
B.
Multifamily residential and commercial driveways.
(1)
Driveway plan. A plan which illustrates, as a minimum, the following,
including dimensions where applicable:
(a)
Driveway location in relation to side property lines.
(b)
Township road right-of-way line.
(c)
All related Township road facilities (pavement, shoulders, culverts,
etc.).
(d)
Sight distances along the Township road.
(e)
Details of entrance access approach.
(f)
Design features of existing and proposed driveways, including
but not limited to the following:
(h)
Sight distance in each direction from each proposed driveway.
(2)
Drainage plan. If it can reasonably be anticipated that there will
be an increase in the flow of water onto the Township road or into
Township drainage facilities as a result of action by the applicant
or that there will be an increase in the flow of water onto the property
of some other person as a result of action authorized by the permit,
a drainage control plan containing at least the following information
shall be submitted with the application:
(a)
Source of stormwater runoff.
(b)
Existing peak runoff in cubic feet per second.
(c)
Predicted peak runoff in cubic feet per second.
(d)
Where drainage currently flows.
(e)
Where drainage ultimately outlets.
(f)
Hydraulic computations showing effect of additional flow on
existing Township road drainage system.
(3)
Drainage release. If it can be reasonably anticipated that there
will be an increase in the flow of stormwater runoff onto the property
of some other person as a result of action authorized by the permit,
a drainage release that contains an indemnification agreement acceptable
to the Township shall be submitted with the application.
C.
Authority to reject application. The Township will examine and determine
the genuineness, regularity and legality of every application and
may reject any application if not satisfied of its genuineness, regularity
or legality or the truth of any statement contained in the application.
The Township may also require such additional information as it deems
necessary.
D.
Penalty for falsifying application. Information provided in applications
must be accurate. Section 4904 of the Crimes Code (18 Pa.C.S.A. § 4904)
makes it a misdemeanor for a person to mislead a public servant in
performing an official function by making any written false statements
which the person does not believe to be true.
Upon application duly made in accordance with this article, a permit will be issued by the Township, subject to §§ 440-24 and 440-25 and the conditions contained on the permit and its attachments and supplements. The permit will be the authority of the applicant to proceed with the work; however, use of the driveway is not authorized at this time.
B.
Permit requiring agreement. Where the applicant will be required
to perform a substantial amount of work, the Township may require
the applicant to execute a construction agreement as a prerequisite
to issuance of the permit.
C.
Waiver of design requirements. If any of the design requirements set forth in §§ 440-24 and 440-25 cannot be met, the Township may waive the requirement if the following conditions are satisfied:
(1)
No other reasonable access is available.
(2)
The applicant has done all that can reasonably be done to satisfy
the design requirements.
(3)
If additional land is required, the applicant provides satisfactory
evidence that it cannot be purchased at a reasonable price.
(4)
No traffic problem will be created.
(5)
The applicant executes an indemnity agreement satisfactory to the
Township.
D.
Requesting permit time extension. A permit shall be valid for a six-month
period or multiples thereof as specified on the permit.
(1)
If the permittee has not completed all authorized work by the completion
date specified on the permit, an application may be submitted requesting
a time extension, and, if approved, a supplement may be issued by
the Township authorizing work to continue for an additional six-month
period.
E.
Work completion notification.
(1)
When all permitted work has been completed, the permittee shall notify
the Township in writing.
(2)
Upon receipt of the work completion notice, the Township shall inspect
the permit site, and if all work has been completed as required, the
Roadmaster or other Township official designated by resolution of
the Board of Supervisors will sign the use authorization section of
the permit.
The following conditions shall apply to permits issued under
the provisions of this article.
A.
Scope of permit. The permit shall be binding upon the permittee,
its agents, contractors, successors and assigns.
(1)
The permittee shall be responsible for causing compliance with all
terms and conditions of the permit by its employees, agents and contractors.
(2)
The permit shall be located at the work site and shall be available
for inspection by any representative of the Township.
(3)
The permit shall be maintained by the permittee as a permanent record
and remain in effect, subject to the permit conditions and this article
as long as the driveway or the facility authorized by the permit exists.
(4)
Responsibility for compliance with the terms of the permit cannot
be assigned or transferred by the permittee without first obtaining
approval from the Township.
(5)
The permittee shall be principally liable to the Township for any
failure to comply with the permit and this article. The principal
liability of the permittee to the Township shall not preclude the
Township from bringing any action against the permittee's contractor,
subcontractor or any other person.
(6)
The permittee shall be the only party in interest in any action against
the Township involving disputes arising from the permit.
(7)
A permit shall be valid only as long as the use of the driveway does
not change the approved driveway classification in this article (relating
to driveway design requirements).
(8)
The Township, in granting a permit, will waive none of its powers
or rights to require the future change in operation, removal, relocation
or proper maintenance of any access within Township road right-of-way.
B.
Additional restrictions. All work authorized by the permit shall
be subject to the following:
(1)
All applicable laws, rules and regulations, including but not limited
to the following:
(a)
Title 62 Pa.C.S.A. § 3301, concerning environmental
control measures related to pollution and the preservation of public
natural resources.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(b)
Act of December 10, 1974 (P.L. 852, No. 287)(73 P.S. §§ 176
through 182), concerning protection of the public health and safety
by preventing excavation or demolition work from damaging underground
utility facilities.
(c)
Occupational Safety and Health Administration (OSHA) construction
safety and health regulations, 39 CFR 22801 (June 24, 1974) and 29
CFR 21 and 23 CFR 230.101, et seq.
(2)
The rights of any person.
(3)
The conditions, restrictions and provisions of the permit.
C.
Permittee responsibilities. Permittee responsibilities shall be as
follows:
(1)
The permittee shall pay all fees, costs and expenses incident to
or arising from the project, including the cost of related Township
road improvements which increased traffic or surface drainage may
necessitate. The permittee shall reimburse the Township 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 provisions of §§ 440-24 and 440-25, 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 or its contractors from the legal limits of the right-of-way and to restore said right-of-way to its former condition. Should the Township determine 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, the Township or its attorney shall be authorized to appear for the permittee and to enter an amicable action of ejectment and confess judgment against the permittee, and the attorney shall be authorized to issue forthwith a writ of possession without leave of court, all at the cost of the permittee.
(3)
If the work is stopped on a project for any reason and any ditch
or trench, in the opinion of the Township, remains open for an unreasonable
period, the permittee, if so directed, shall refill the ditch or trench
and work shall not be resumed until authorized by the Township. In
the event that the permittee fails to refill the ditch or trench or
proceed to completion of the work upon notice from the Township to
do so, the Township may perform the necessary work and shall be reimbursed
for all 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 drainage facility or for any other purpose, fails to restore
any portion of the right-of-way to conform with Township specifications
upon notice from the Township to do so, the Township may perform the
work and the permittee shall reimburse the Township for the costs
within 30 days after receipt of the Township's invoice.
D.
Restoration of slopes. All disturbed slopes or earthen areas shall
be restored to their original condition or in a manner approved by
the Township.
E.
Altering drainage prohibited. Unless specifically authorized by the
permit, the permittee shall not:
F.
Disposition of materials. Disposition of material shall comply with
the following:
(1)
The permittee shall keep the improved area free of all material which
may be deposited by vehicles traveling upon or entering onto the Township
road during the performance of work authorized by the permit.
(2)
The permittee shall be responsible for controlling dust conditions
created by its operations.
(3)
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.
(4)
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, pipe, culvert, ditch
or waterway.
G.
Equipment damaging Township road. If equipment damages the pavement
or shoulders, the permittee shall restore the pavement or shoulders
to their former condition at his own expense.
H.
Restoration. All disturbed portions of the Township roadway, including
slopes and all appurtenances and structures such as guide rail (includes
providing appropriate end treatments on guide rail systems where existing
guide rail is being broken by the driveway) or drain pipes shall be
restored by the permittee to a condition at least equal to that which
existed before the start of any work authorized by the permit.
I.
Approval by the Township. Approval by a designated officer of the
Township of all or any part of any permitted work shall not constitute
acknowledgment that the work was performed in accordance with the
permit, nor shall such approval by the designated officer act as a
release of the permittee or waiver by the Township of its right to
seek performance or restitution by the permittee.
J.
Maintenance. All driveways and adjacent areas within the Township
road 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 Township
roadway or the safe and convenient passage of traffic upon the said
roadway.
K.
Indemnification. The permittee shall fully indemnify and save harmless
and defend the Township, 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 permittee, from any failure of the permittee or
any such person to comply with the permit or this article and, for
a period of two years after completion of the permitted work, from
the failure of the Township roadway in the immediate area of the work
performed under the permit where there is no similar failure of the
roadway beyond the area adjacent to the area of permitted work.
L.
Insurance. The permittee shall, when requested by the Township, submit
to the Township Secretary a certificate or certificates of insurance
for public liability and property damage, in form and amount satisfactory
to the Township, to cover any loss that may be incurred for or on
account of any matter, cause or thing arising out of the permitted
construction.
M.
Damage to Township Road. Restoration of Township road shall include
the following:
(1)
If there is a failure of the roadway, including slope or any other
appurtenance thereto, in the immediate area of the permitted work
within two years after the completion of the permitted work and there
is no similar failure of the roadway beyond the area adjacent to the
area of the permitted work, the permittee shall have absolute responsibility
to make all temporary and permanent restoration including restoration
of the adjacent area if it has also failed.
(2)
If there is a failure of the roadway, including slope or any other
appurtenance thereto, in the area adjacent to the immediate area of
the permitted work within two years after completion of the permitted
work and there is no similar failure of the roadway in the area of
the permitted work or beyond the area adjacent to the area of the
permitted work, it shall be presumed that the work done by the permittee
was the proximate cause of the failure, and the permittee shall be
responsible to make all temporary and permanent restoration unless
the presumption is rebutted by clear and convincing evidence.
All driveways shall be located, designed, constructed and maintained
in such a manner as not to interfere or be inconsistent with the design,
maintenance and drainage of the Township roadway.
A.
General location restrictions. Access driveways shall be permitted
at locations in which:
(1)
Sight distance is adequate to safely allow each permitted movement
to be made in or out of the access driveway.
(2)
The free movement of normal roadway traffic is not impaired.
(3)
The driveway will not create a hazard.
(4)
The driveway will not create an area of undue traffic congestion
on the Township road.
B.
Specific location restrictions. Specific location restrictions shall
include the following:
(1)
Access driveways shall not be located at intersections or locations
that would interfere with the placement and proper functioning of
roadway signs, signals or other devices that affect traffic control.
(2)
Access to a property which abuts two or more intersecting streets
or roads may be restricted to the roadway which can more safely accommodate
its traffic.
(3)
For two access driveways to be constructed on the same property frontage,
the roadway frontage must be 100 feet or more (measured at the road
right-if-way).
C.
Approaches to driveways. Driveway approaches shall conform to the
following standards:
(1)
The location and angle of an access driveway approach in relation
to the roadway 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 the roadway traffic.
(2)
Where the access driveway approach and roadway pavement meet, flaring
of the approach to allow safe, easy turning of vehicular traffic shall
be required.
(3)
Where the roadway is curbed, driveway approaches shall be installed
1 1/2 inches above the adjacent roadway or gutter grade to maintain
proper drainage.
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.
A.
Angle of access driveway approach. Angle of access driveway approach
shall include the following:
(1)
Access driveway approaches used for two-way operation shall be positioned
at right angles, that is 90°, to the roadway or as near thereto
as site conditions permit.
(2)
When two access driveways are constructed on the same property frontage,
each of these driveways may be placed at an angle less than a right
angle, but not less than 45° to the roadway. Two access driveways
will not be permitted on property with less than 100 feet of roadway
frontage (measured at the road right-of-way).
B.
Driveways adjacent to intersections. Driveways serving properties
located adjacent to a roadway intersection shall be subject to the
following:
|
Driveway Isolation Distance Table
| ||||
|---|---|---|---|---|
|
Distance Between the Center Line of the Driveway and the Center
Line of the Nearest Intersecting Street on the Same Side of the Street
as the Driveway by Type of Intersecting
| ||||
|
Type of Driveway
|
Connector
(feet)
|
Collector
(feet)
|
Minor
(feet)
|
Local Access
(feet)
|
|
Residential Single/2-family
|
150
|
100
|
75
|
75
|
|
Multifamily/commercial
|
300
|
200
|
100
|
100
|
C.
Driveway grades.
(1)
The tangent grade of the connecting driveway shall be a minus 6%
(0.75 inch per foot) for a minimum of 10 feet from the edge of the
travelway pavement or the shoulder or gutter line of the accessed
road, whichever is greater.
(2)
Grade differences of 14% shall require a vertical curve of at least
30 feet. The point of vertical curvature (PVC) of the required vertical
curve shall be 10 feet from the edge of the travelway pavement or
the shoulder or gutter line of the accessed street, whichever is greater.
Every driveway shall be constructed and maintained with a crown sloped
at least 0.75 inch per foot.
D.
All driveways shall intersect the road right-of-way at the front
yard property line, and, except for joint-use driveways, all driveways
shall be located at least 10 feet from any bordering property boundary
line.
E.
Curbing. Requirements for curbing shall conform with the following:
(1)
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 or
for parking of vehicles on the Township right-of-way, the permit may
require curbing or other physical barriers.
F.
Sight distance. Conditions for sight distance shall be as follows:
(1)
Access driveways shall be located at a point within the property
frontage limits which provides at least the minimum sight distances
listed in the appropriate following table.
(a)
Table 1.
|
Table 1
Safe Sight Distance for Vehicles Exiting from Driveways
| ||
|---|---|---|
|
Posted Speed
(mph)
|
Safe Sight Distance to the Left
(feet)
|
Safe Sight Distance to the Right
(feet)
|
|
25
|
250
|
195
|
|
35
|
440
|
350
|
|
45
|
635
|
570
|
|
55
|
845
|
875
|
|
NOTE: Measured from a vehicle 10 feet back of the pavement edge.
|
(b)
Table 2.
|
Table 2
Safe Sight Distance for Vehicles Entering Driveways by Left
Turns
| |
|---|---|
|
Posted Speed
(mph)
|
Safe Sight Distance Approaching Lane
(feet)
|
|
25
|
190
|
|
35
|
300
|
|
45
|
445
|
|
55
|
610
|
|
NOTE: Measured from the point where a left-turning vehicle stops
to a vehicle in the oncoming lane.
|
(2)
The sight distance values in Tables 1 and 2 are desirable for safe
operation of the driveway; however, sight distance values less than
desirable will be accepted if it is impossible to achieve the desirable
value by locating the driveway at any point within the property frontage
boundaries.
(3)
If sight distance requirements as specified in this article cannot
be met, the Township may:
(a)
Prohibit left turns by exiting vehicles.
(b)
Restrict turning movement to right turns in and out of a driveway.
(c)
Require installation of a right-turn acceleration lane or deceleration
lane.
(d)
Require installation of a separate left-turn standby lane.
(e)
Alter the horizontal or vertical geometry of the roadway.
(f)
Deny access to the Township roadway.
G.
Construction of access driveways. Construction of access driveways
shall achieve the following:
(1)
All driveways shall be constructed so as not to impair drainage within
the right-of-way, to allow stormwater runoff to flow onto the Township
roadway pavement, to alter the stability of the improved area or to
change the drainage of adjacent areas.
(2)
Where a drainage ditch or swale exists, the permittee shall install
adequate pipe under the driveway. Drainage pipes installed under driveways
shall be at least 15 inches in diameter and have at least one foot
of cover (proof of adequacy may be required).
(3)
Grade requirements in uncurbed shoulder areas within the right-of-way shall conform to Subsection C above.
(4)
Grade requirements where curbs and sidewalks are present shall be
as follows:
H.
Auxiliary lanes.
(1)
Auxiliary lanes shall consist of the following:
(a)
Acceleration and deceleration lanes. The combination of roadway
speed, volumes, location and arrangement of driveways and intersections
may require the installation of an acceleration or deceleration lane,
or both, by the permit, a speed change lane of sufficient length and
width shall be constructed to allow vehicles to safely decelerate
or accelerate when entering or leaving the property.
(b)
Left-turn standby lanes. The permit may require the installation
of a left-turn standby lane to separate and protect left-turning vehicles
from through traffic if failure to do so would result in an undue
hazard to the traveling public.
(c)
Additional right-of-way for lanes. Where the width of the Township
right-of-way is insufficient to permit the construction of a needed
auxiliary lane, the permittee shall provide any necessary additional
right-of-way. When required, auxiliary lanes shall be constructed,
at no expense to the Township, in accordance with the Barrett Township
road regulations.
(d)
Lane in front of another property. If an auxiliary lane must
be located in front of property of another person, the applicant shall
be required to secure the approval of the other person or indemnify
the Township against any action which the other person may bring against
the Township.
(e)
Access driveway pavement.
[1]
Access driveways shall be appropriately surfaced with a stabilized
material between the traveled way and the right-of-way line unless
a higher-type material is specified by the permit.
[2]
Multifamily/commercial driveways which provide access to paved
Township roadways shall be paved within the right-of-way.
(f)
Median openings. Median openings shall have a left-turn standby
lane installed to protect left-turning vehicles whenever a median
opening is permitted.
(g)
Shoulder upgrading. Where the existing shoulder on either side
of a proposed low-, medium-, or high-volume driveway is not adequate
to allow its use by turning vehicles, the permittee shall upgrade
the shoulder area for a minimum of 100 feet on either side of the
driveway.
(h)
Traffic control devices. Requirements for traffic control devices
shall be as follows:
[1]
The permittee shall, at his own expense, install and maintain
all traffic control devices, as specified in the permit, which are
required to provide for the safe and orderly movement of vehicular
or pedestrian traffic, or both. These devices shall include, but not
be limited to, any required regulatory, warning or guide signs, traffic
lights, delineators and pavement markings.
(2)
Although site conditions may not allow strict adherence to the dimensions
shown in these illustrations, every effort shall be made to design
and construct the safest and most efficient access onto the Township
roadway.
I.
Joint-use driveways. All joint-use driveways shall be established
by a restrictive covenant on a recorded plot plan, or by a written
and recorded agreement or deed covenant, signed by all of the parties
that have rights to use the joint driveway, and setting forth adequate
provisions for maintenance and cost-sharing for the driveway.
J.
Drainage pipes. Driveways shall have a drainage pipe installed, with
a minimum inside diameter of 15 inches or equivalent area, at the
point where the driveway joins the public road, when required to pass
stormwater. All such drainage pipes shall be installed pursuant to
specifications approved by the Township and under the supervision
of a designated Township officer. Inlet boxes shall be installed where
needed.
K.
Driveway paving near Township roads. All driveways with an uphill
grade of 10% or more within a distance of 30 feet from the edge of
the public right-of-way shall be paved with a hard permanent surface
of ID2A or macadam or paving blocks for a minimum distance of 20 feet
from the edge of the public right-of-way, based on the sketch plan
attached hereto.
Barrett Township shall keep records of all driveway permit applications
and the actions taken as follows:
A.
Board of Supervisors records.
The Board of Supervisors may, from time to time, amend this
article by action taken at a public hearing on the proposed amendments
subject to the following:
A.
Publication, advertisement and availability.
(1)
The Board of Supervisors shall publish the full text of the proposed
amendment or the title and a brief summary thereof, prepared by the
Municipal Solicitor, setting forth all the provisions in reasonable
detail, including the time and place of the hearing at which passage
of the amendment is to be considered and a place within the Township
where the amendment may be examined and/or obtained at cost, one time
in a newspaper of general circulation in Barrett Township, with said
publication not more than 60 days and not fewer than seven days prior
to the date of the hearing.
(2)
If the full text is not included, a copy of the full text of the
proposed amendment shall be supplied to the newspaper at the time
the public notice is published.
(3)
In the event that substantial amendments are made, before voting
upon enactment, the Board of Supervisors shall, at least 10 days prior
to enactment, readvertise a brief summary of the amendments.
All appeals and challenges to this article shall conform to
the requirements and procedures as outlined by law.
The Board of Supervisors shall establish, by resolution, and
may revise from time to time as deemed necessary, a Schedule of Fees
to be paid by the applicant at the time of filing the application
for a driveway permit or an extension of the issued permit.
A.
Posting of the Fee Schedule. The Schedule of Fees shall be posted
in the municipal building and in such other places as the Board of
Supervisors may designate and shall be available upon request.
B.
Approval of applications. No driveway application shall be approved
and/or issued unless all fees have been paid in full. In the event
that the applicant is required to pay additional fees, such fees shall
be collected by the Township Secretary prior to approval of the subject
driveway.
C.
Fee refunds. There shall be no refund or credit of any portion of
the fees or charges.
D.
Additional inspection fees. If the Township determines that the permitted
work is of sufficient magnitude or importance to warrant assignment
of one or more employees to inspect the permitted work on a more than
spot inspection basis, the permit will so indicate and the permittee
shall be charged for all salary, overhead and expenses incurred by
the Township for inspection.
A.
The applicant shall be responsible for observing the procedures established
by this article and for submitting all plans and documents as may
be required.
B.
Additional data. When the Township Roadmaster or other Township official
designated by resolution of the Board of Supervisors requires additional
information or documents pertaining to the submitted permit application,
it shall be the responsibility of the applicant to promptly furnish
all items requested.
Any violation of this article or the permit requirements shall
constitute grounds for imposition of any or all of the following penalties:
A.
Notice of violation. Upon receipt of oral or written notice of a
violation from the authorized representative of the Township, the
permittee shall cease to perform any further work in the permitted
area except to restore the area to a safe condition.
(1)
No further work shall commence in the permitted area until the violation
has been remedied.
(2)
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.
(3)
Notice of violation shall include a time limit within which the violation
corrective action shall be undertaken and a time limit within which
said correction or corrections shall be completed. If the corrective
action is not undertaken within the time period set forth or, if undertaken,
is not completed within said time limit, the Township may institute
legal proceedings in a court of proper jurisdiction for the enforcement
of the provisions of this article.
(4)
A warning notice that a violation does or may exist at any site in
Barrett Township may be posted on the site or mailed to the violator
by the Township along with instructions to contact the Roadmaster
or other Township official designated by resolution of the Board of
Supervisors.
B.
Refusal to issue permit. Barrett Township may refuse to issue any
permit necessary to further improve or develop any real property which
has an unresolved violation or notice of violation of any applicable
ordinance of Barrett Township.
(1)
This authority to deny such a permit or approval shall apply to any
of the following applicants:
(a)
The owner of record at the time of such violation.
(b)
The vendee or lessee of the owner of record at the time of such
violation without regard as to whether such vendee or lessee had actual
or constructive knowledge of the violation.
(c)
The current owner of record who acquired the property subsequent
to the time of violation without regard as to whether such current
owner has actual or constructive knowledge of the violation.
(2)
As an additional condition for issuance of a permit to such owner,
current owner, vendee or lessee for the development of any such real
property, Barrett Township may require compliance with the conditions
that would have been applicable to the property at the time the applicant
acquired an interest in such real property.
C.
Penalties. Any violation of this article or the permit requirements
shall constitute grounds for imposition of any or all of the following
penalties:
D.
Any person who violates or permits a violation of this article shall,
upon conviction in a summary proceeding brought before a Magisterial
District Judge under the Pennsylvania Rules of Criminal Procedure,
be guilty of a summary offense and shall be punishable by a fine of
not more than $1,000, plus costs of prosecution. In default of payment
thereof, the defendant may be sentenced to imprisonment for a term
not exceeding 90 days. Each day or portion thereof that such violation
continues or is permitted to continue shall constitute a separate
offense, and each section of this article that is violated shall also
constitute a separate offense.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
E.
Right to take action. Nothing in this section shall be construed
or interpreted to grant to any person or entity other than Barrett
Township the right to commence any action for enforcement pursuant
to this section.
When there is a difference between the minimum standards specified
herein and those included in other Township ordinances and/or regulations,
the more stringent requirements shall apply.
This article is enacted under the authority conferred by the
Pennsylvania Municipalities Planning Code, Act of 1968, P.L. 805,
No. 247, as reenacted and amended.[1]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
This article shall take effect five days after the date of its
enactment.
