This chapter shall be known and may be cited as the "College
Township Streets and Sidewalk Ordinance."
A.
This chapter is enacted and ordained under the grant of powers by
the General Assembly of the Commonwealth of Pennsylvania in accordance
with the provisions of Article XXIII, Roads, Streets, Bridges, and
Highways, § 2322 of the Second Class Township Code, 53 P.S.,
as amended, no structure, facility, or utility may be constructed,
erected, or placed upon, below, inside, or over any portion of a Township
rights-of-way except under such conditions, restrictions and regulations
relating to the installation and maintenance thereof, as may be prescribed
in permits and road maintenance agreements granted by the Township
for such purpose.
B.
The Township Manager or their authorized designee shall be the principal
municipality official responsible for the administration of the rights-of-way,
rights-of-way permits, and this chapter. The municipality may adopt
and may amend from time to time, construction standards and other
rules reasonably required to carry out the purposes of this chapter.
Any requirement not specifically covered by this chapter or the construction
standards shall be determined by the Township Manager or their designee.
As used in this chapter, the following terms shall have the
meanings indicated:
To approach, use, or enter by admittance.
The process by which an applicant submits a request for permission
to obstruct or construct in the rights-of-way.
A portion of roadway that has been designated for preferential
or exclusive use by bicyclists by pavement markings and, if used,
signs. It is intended for one-way travel, usually in the same direction
as the adjacent traffic lane, unless designed as a contra-flow lane.
A generic term for any road, street, path, or way which in
some manner is specifically designated for bicycle travel, regardless
of whether such facilities are designated for the exclusive use of
bicycles or are to be shared with other transportation modes.
The portion of a street right-of-way designed or intended
for vehicular use.
A line running parallel to and equidistant from both sides
of a street.
To excavate, repair, rehabilitate, maintain, and install
sanitary sewers, water mains, fire hydrants, valves, meters, manholes,
service lines and connections, gas mains, telephone and electrical
conduit and their miscellaneous service lines and connections, video
and telecommunications facilities cables, wires, lines, wave guides,
antennas, and other equipment or facilities, pedestals, and service
cabinets, poles, guy wires, storm drains, manholes, inlets, catch
basins, irrigation systems, driveways, sidewalks, pavement extensions,
curbs, walks, steps, building canopies, balconies, overhead walkways,
and temporary detour pedestrian walkways on, above, or under any part
of the rights-of-way.
A bond, cash, letter of credit or other applicable security
posted to ensure proper and complete construction and/or restoration
of a permitted facility pursuant to a permit as may be required as
determined by the Township Manager or their designee.
The municipality's compilation of provisions and requirements
that provide the technical specifications and details for the construction
of facilities in the municipality's rights-of-way and as otherwise
included in the municipality's ordinances.
The difference between a point on the original ground and
a designated point of lower elevation on the final grade; an excavation.
The conveyance of land or objects to some public use, made
by the owner, and accepted for such use by or on behalf of the public
by a municipality, school district or public authority.
A corridor which provides motor vehicle access from a street
into a lot.
Height, in feet, of a point on the ground above sea level.
A condition that poses a clear and immediate danger to life
or health, or of a significant loss of property or utility service.
An agreement between two or more property owners which is drafted and recorded in a manner acceptable for recording in the Office of the Recorder of Deeds of Centre County giving the encroaching party defined distance and or area of encroachment within the five-foot setback area from a side property line for a portion of the private driveways, parking spaces and the like as permitted in § 200-37B of the College Township Code.
A professional engineer licensed by the Commonwealth of Pennsylvania
to practice engineering.
A professional engineer licensed as such in the Commonwealth
of Pennsylvania, duly appointed as the engineer for the Township.
Any work in the surface or subsurface of the rights-of-way
including but not limited to opening the rights-of-way, installing,
servicing, repairing or modifying any facilities in or under the surface
or subsurface, and restoring the surface and subsurface of the rights-of-way.
An improvement or structure, whether existing or planned,
that is or would be owned and controlled by the grant or lease holder
within a Township right-of-way. For purpose of water, gas, electric,
sewer, cable, or other utility, or utility facility, in connection
therewith for public use.
A barrier intended to prevent escape or intrusion or to mark
a boundary.
The Council of the Township of College, County of Centre,
Commonwealth of Pennsylvania.
The act of excavating and/or filling land for the purpose
of changing natural slope.
A surface that prevents the infiltration of water into the
ground. Impervious surfaces (or areas) shall include, but not be limited
to, roofs; additional indoor living spaces; patios; garages; storage
sheds and similar structures; and any new streets or sidewalks. Decks,
parking areas, and driveway areas are not counted as impervious areas
if they do not prevent infiltration.
Trees, shrubs and other plantings of materials that are or
may grow to a height of 18 inches or more, and irrigation systems
(in unpaved areas), in the rights-of-way.
The Township of College, Centre County, State College, PA.
A written warning issued by the authorized agent of the municipality
for a violation or possible violation of this chapter.
To place any tangible object in a right-of-way so as to hinder
free and open passage over, under, or through that or any part of
the rights-of-way.
Anything that is or may become a tangible object that impedes
or prevents passage or progress; an obstacle or blockage. Includes,
but not limited to: fence, wall, planter, vegetation.
Money charged by the municipality to cover the costs as provided
in this chapter.
The permit which must be obtained before a person may construct
in or obstruct in a right-of-way as required by this chapter.
Any person to whom a permit to construct or obstruct a right-of-way
has been granted by the municipality.
A privately owned corridor which provides motor vehicle access
to two or more lots.
Roads or streets of the state highway system, Township roads
or other public highways as defined by the Pennsylvania Motor Vehicle
Code.[1]
The process by which a constructed or obstructed rights-of-way
is restored as specified in this chapter.
A wall that is built to keep the land behind it from sliding.
The surface of and space above and below any real property
in the Township of College in which the Township has a regulatory
interest, or interest as a trustee for the public, as such interests
now or hereafter exist, including, but not limited to, all streets,
highways, avenues, roads, alleys, sidewalks, tunnels, viaducts, bridges,
skyways, bike path, shared-use path or any other public place, area
or property under the control of the Township, and any unrestricted
public or utility easements established, dedicated, platted, improved
or devoted for utility purposes but excluding lands other than streets
that are owned by the Township. The phrase "in the right(s)-of-way"
means in, on, over, along, above and/or under the right(s)-of-way.
Different from the stormwater system, a system of underground
pipes that carries sanitary waste or process wastewater to a treatment
plant.
Services provided by utilities.
An agreement between two or more property owners which is drafted and recorded in a manner acceptable for recording in the office of the Recorder of Deeds of Centre County to share all or a portion of the driveways, roads, parking spaces and the like as permitted in § 200-37B of the College Township Code.
A bikeway physically separated from motor vehicle traffic
by an open space or barrier and either within the highway right-of-way
or within an independent right-of-way. Shared-use paths may also be
used by pedestrians, skaters, wheelchair users, joggers, and other
nonmotorized users. Most shared-use paths are designed for two-way
travel.
The walkway in a public area lying generally parallel to
the surfaced portion of the street between the edge of the traveled
way, surfacing, or curb line and the outer edge of the right-of-way,
intended for the use of pedestrians.
The minimum required corner sight distance based on engineering
and traffic studies, to ensure a clear line of sight at an intersection
and/or driveway.
The angle of the surface of the land to the plane of the
horizon.
Land with a slope as defined by Chapter 200, Zoning.
An opening leading to an underground pipe or open ditch for
carrying surface runoff, separate from the sanitary sewer or wastewater
system.
Activities, facilities, designs, measures, or procedures
used to manage stormwater impacts from regulated activities, to meet
state water quality requirements, to promote groundwater recharge,
and to otherwise meet the purposes of this chapter. Stormwater BMPs
are commonly grouped into one of two broad categories or measures:
"structural" or "nonstructural." In this chapter, nonstructural BMPs
or measures refer to operational and/or behavior-related practices
that attempt to minimize the contact of pollutants with stormwater
runoff; whereas, structural BMPs or measures are those that consist
of a physical device or practice that is installed to capture and
treat stormwater runoff. Structural BMPs include, but are not limited
to, a wide variety of practices and devices, from large-scale retention
ponds and constructed wetlands to small-scale underground treatment
systems, infiltration facilities, filter strips, low-impact design,
bioretention, wet ponds, permeable paving, grassed swales, riparian
or forested buffers, sand filters, detention basins, and manufactured
devices. Structural stormwater BMPs are permanent appurtenances to
the project site, stormwater structures, facilities, and techniques
to maintain or improve the water quality of surface runoff.
A strip of land or part thereof within the right-of-way,
whether dedicated or not, that is intended or used for vehicular and
pedestrian traffic. The phrase "in the (a) street(s)" means in, on,
over, along, above and/or under the (a) street(s).
A "street tree" is any tree located within or planted by
or on behalf of the Township in the Township rights-of-way.
Any man-made object having an ascertainable stationary location
on, in, or above land or water, whether or not affixed to the land.
A natural low-lying stretch of land or minor man-made conveyance
channel, which gathers or carries surface water runoff.
The use of directional boring, horizontal drilling and microtunneling
and other techniques in the construction of underground portions of
facilities which result in the least amount of disruption and damage
to rights-of-way as possible.
All lines, cables, conduits, posts, tanks and any other facilities
owned or operated by persons other than the municipality which are
located wholly or partially underneath rights-of-way.
Any water, sewer, gas, drainage, or culvert pipe and any
electric power, telecommunication, signal, communication, or cable
television conduit, fiber, wire, cable, or operator thereof.
Any corporation, company, association, joint-stock company,
firm, partnership, limited liability company, or other entity; municipal,
industrial development, housing, redevelopment, and other authority
or corporation established pursuant to statutes of the Commonwealth
of Pennsylvania; and any individual not regulated as a public utility
by the Public Utility Commission.
Any entity which is operating as a public utility as defined
under the Pennsylvania Public Utility Code, and is subject to regulation
by the PUC, regardless of whether or not the entity has been issued
a certificate of public convenience by the Pennsylvania Public Utility
Commission.
Any motorized means of conveyance including but not limited
to, automobiles, trucks, tractors, trailers or any other type of tow-behind
attachments.
[1]
Editor's Note: See 75 Pa.C.S.A. § 101 et seq.
