This article shall be known and may be cited as the "Street
Ordinance of Lower Moreland Township."
A.
For the purpose of this article, the following terms, phrases, words
and their derivations shall have the meanings given herein. When not
inconsistent with the context, words used in the present tense include
the future, words in the plural number include the singular number,
and words in the singular number include the plural number. The word
"shall" is always mandatory and not merely directory.
B.
ADMINISTRATIVE AUTHORITY
APPLICANT
APPROVED
BUILDING CODE OFFICIAL
DEPARTMENT
DIRECTOR
EMERGENCY
EXCAVATION
FACILITY or FACILITIES
IMPROVED SURFACE
PERMIT AREA
PERSON or PERSONS
PUBLIC PLACE
RESTORE or RESTORATION
SHORING
SIDEWALK AREA
SPECIAL INSPECTION
SUBSTRUCTURE
TOWNSHIP
UNIMPROVED SURFACE
As used in this article, the following terms shall have the meanings
indicated:
The Board of Township Commissioners, the Public Works Department,
the Township Engineer, the Code Enforcement Officer, the Fire Marshal
and their duly authorized representatives.
Any person or firm, including property owner, developer and
contractor, who applies to perform work under this chapter.
Approved by the administrative authority.
The Building Code Official or Code Official of the Township
of Lower Moreland, Montgomery County, Pennsylvania.
The Lower Moreland Township Department of Public Works.
The Director of the Public Works Department or his designee.
A condition that poses a danger to life, health, safety and
welfare of the public or a significant loss of property or requires
immediate repair or replacement of facilities in order to restore
service to a customer.
Any opening in the surface or subsurface of a public place
made in any manner whatsoever, except an opening into a lawful structure
below the surface of a public place, the top of which is flush with
the adjoining surface and so constructed as to permit frequent openings
without injury or damage to the public place.
A pipe, pipeline, tube, main service, trap, vent, vault,
manhole, meter, gauge, regulator, valve, conduit, wire, tower, pole,
pole line, anchor, cable, junction box, transformer or any other material,
structure or object of any kind or character, whether enumerated herein
or not, which is or may be lawfully constructed, left, placed or maintained
in, upon, along, across, under or over any public place.
Any surface which is paved with stone, cement concrete, bituminous
concrete or any other material.
The area within the right-of-way lines of any Township highway
and any highway constructed in accordance with plans and specifications
approved by the Township, and also such portion of any state or county
highway as may be located between the curbs or the edge of the paving
and the right-of-way lines thereof.
Any person or persons, firm, partnership, association, corporation,
company or organization of any kind.
Any Township street, road, avenue, lane, way, place, alley,
sidewalk, footpath, park or any other public property owned or controlled
by the Township.
The process by which an excavated or disturbed right-of-way
and surrounding area, including pavement and foundation, is returned
to the same condition that existed before excavation or disturbance.
The method of reinforcing the sides of an excavation or the
supporting members of sheeting in sheet piling.
The area which lies between the face of curb and the side
of the right-of-way, outside of the cartway in any public highway,
road, street, avenue or lane.
Inspection by professionals with highly specialized skills
and qualifications of the materials, installation, fabrication, erection
or placement of components requiring special expertise to ensure compliance
with the approved drawings, specifications and permit documents.
Any pipe, conduit, duct, tunnel, manhole, vault, buried cable
or wire or any other structure located below the surface of any public
place.
The administrative authority.
Any surface which is not paved.
It shall be unlawful for any person to make or cause, or permit
to be made or caused, any excavation or opening in or under the surface
of the ground or paved area in any public place for the purpose of
installing, erecting, replacing, repairing or making connections thereto
of any facility without first obtaining a permit so to do from the
administrative authority before such work is begun, except as otherwise
provided in this article; nor shall any person store materials in
a public place or stop, fill up, confine, divert, pave or otherwise
interfere with any drain, ditch, stream, watercourse or drainage facility
without first having obtained a permit.
No such permit shall be issued unless a written application,
on a form provided by the administrative authority, for the issuance
of said permit is filed with the Township. The written application
shall include all plans, fees, and certifications of insurance as
deemed necessary by the administrative authority. The applicant shall
agree to assume all liability for all or any damages to persons or
property accruing to the public or to the said Township which may
or might result from the opening, excavating or occupying of said
public place.
A.
The filing of an application and the issuance of a permit shall constitute
an agreement on the part of the applicant to comply with the terms
of this article and all rules, regulations and requirements of the
administrative authority now in force or hereafter adopted and shall
constitute an agreement to indemnify, defend and hold harmless the
Township, its elected officials, employees and consulting engineer
and solicitor from and against all claims, demands and actions for
damages, either to person or property, that may be sustained by any
person by reason of or arising out of any work done or action taken
under the application and permit.
B.
Prior to the issuance of a permit, the applicant shall have filed
with the Township a certificate giving proof that the applicant has
obtained, with a company acceptable to the Township or with an A.M.
Best rating of A (excellent), a policy of insurance with limits of
$250,000/$500,000 for public liability and $100,000 for property damage
or such other coverages and amounts acceptable to the Township against
any claim, demand or action for damages to either person or property
which may arise out of work done or action taken under the application
and permit. In the case of any replacement of a sidewalk within the
right-of-way, where the opening and replacement is made on the same
day, these limits may be reduced to $100,000/$500,000 for public liability
and $50,000 for property damage.
C.
If the use of explosive material is required in the execution of
the work, the certificate of insurance submitted must show evidence
of coverage for damage to person or property and to surface or subsurface
facilities in private or public property, streets or highways due
to blasting. The certificate of insurance must name the Township as
a certificate holder and additional insured and be properly endorsed
by the insurance company, indicating that cancellation or limitation
cannot be effected without thirty-day written notice being sent to
the Township or any cancellation or limitation as evidenced by return
receipt or registered mail. No such policy of insurance shall be required,
however, where the work is to be performed by a corporation subject
to the supervision of the Pennsylvania Public Utility Commission.
The permittee shall make all restorations. All trenches, excavations
and closures shall conform to the regulations currently in effect
for restorations as issued by Lower Moreland Township and the Pennsylvania
Department of Transportation.
At the time of filing the application, the applicant shall pay the permit application fee as provided in Chapter A214, Fees, and the inspection fee. Where the Township deems it necessary to require special inspection fees due to the nature and/or the extent of the work involved, the applicant shall be charged a fee as provided in Chapter A214, Fees, for the time an inspector is engaged on the work.
Upon the filing of an application with plans, certificate of
insurance, where these are required, and the payment of the fees hereinabove
specified, the Building Code Official shall issue a permit which,
unless stated to be for a shorter period, shall be in effect for 60
days. This permit shall, at all times, be kept in the possession of
a competent person actually engaged in the work and, upon demand,
shall be exhibited to any police officer or properly authorized employee
of the administrative authority, county or state. Nothing above shall
prohibit the undertaking of emergency work without the formal issuance
of a permit, provided that such permit application shall be filed
during the next regular business day.
The filing of an application for the installation of any facility
in a public place shall constitute an agreement that the applicant
will, upon notice from the administrative authority and without expense
to the administrative authority, make such changes in the location
thereof as may be required because of interference with Township-owned
structures, existing or proposed. If any facility is not removed upon
notice from the administrative authority, the authority may remove
it and charge the cost thereof to the owner.
The permittee shall be obligated to determine the existence
and the location of existing facilities and avoid conflict with the
same. No facility owned by the Township shall be moved to accommodate
the permittee without the permission of the Township and unless the
cost of such work is borne by the permittee. The permittee shall support,
by method approved by the Township, all facilities which may be in
any way affected by the excavation work and do everything necessary
to support, sustain and protect them under, over, along or across
said work. In case any existing facility should be damaged, they shall
be repaired by the agency or person owning them, and the expense of
such repairs shall be charged to the permittee. The permittee shall
be responsible for any damage done to any public or private property
by reason of the breaking of any existing facility.
A.
The permittee shall take appropriate measures to assure that traffic
conditions as near normal as practicable shall be maintained at all
times in order to cause as little inconvenience as possible to the
occupants of the abutting property and to the general public, provided
that the administrative authority may permit the closing of streets
and alleys to all traffic for a period of time prescribed by the authority
if, in its opinion, circumstances warrant.
B.
Approval of the administrative authority may require that the permittee
give notification to various public agencies and to the general public.
In such case, the permit shall not be valid until such notice is given.
C.
The use of warning signs and flagmen shall comply with Pennsylvania
Department of Transportation Publication No. 213, Temporary Traffic
Control Guidelines and the Manual on Uniform Traffic Control Devises
(MUTCD).
D.
The permittee shall maintain safe crossings for two lanes of vehicular
traffic at all street intersections, where possible, and safe crossings
for pedestrians at intervals consistent with the general pattern followed
in the area in which the work is being done. If any excavation is
made across any public street, alley or sidewalk area, at least one
safe crossing shall be maintained, when possible, for vehicles and
pedestrians. If the street is not wide enough to hold the excavated
material without using part of the adjacent sidewalk, a passageway
width of at least 36 inches shall be maintained along such sidewalk
line.
All materials, openings or excavations made or obstructions
created must be properly barricaded at all times to protect pedestrian
and vehicular traffic. From sunset to sunrise, all excavations must
be protected by barricades with built-in electrical flashers placed
at both ends and along the traffic side of the trench and similarly
placed around any obstructions. Electrical flashers shall be of the
continuous-flashing type, having amber bidirectional reflex-type lenses
and a flashing cycle of 50 to 90 pulsations per minute, emitting light
at sufficient intensity to be clearly visible at a distance of at
least 500 feet. Reflectors or reflective material may be used to supplement,
but not replace, light sources. The use of kerosene lanterns is prohibited.
The excavation work shall be performed and conducted so there
is always available access to fire hydrants, fire stations, fire escapes,
valve housing structures and all other vital equipment, as may be
designated by the administrative authority.
A.
In the event of the temporary disruption of water service to fire
hydrants or fire mains; such equipment shall be adequately marked
or bagged as out of service with daily notification provided to emergency
services. Such notification shall include an advisement of the resumption
of service.
Whenever the use of substructure facilities are abandoned, except
the abandonment of a service line designed to serve a single property
owner, the person owning, using, controlling or having an interest
therein shall, within 30 days after such abandonment, file with the
Township a statement, in writing, giving in detail the location of
the substructure facility so abandoned. If such abandoned substructure
facility is in the way or subsequently becomes in the way of an installation
of the Township or any other public body, which installation is pursuant
to a governmental function, the owner shall remove such abandoned
substructure or pay the cost of its removal during the course of excavation
for construction of the facility by the Township or any other public
body.
The permittee shall at all times and at his or its own expense
preserve and protect from injury any adjoining property by providing
proper foundations and taking other measures suitable for the purpose.
Where, in the protection of such property, it is necessary to enter
upon private property for the purpose of taking appropriate protecting
measures, the permittee shall obtain a license from the owner of such
private property for such purpose, and if he cannot obtain a license
from such owner, the administrative authority may authorize him to
enter the private premises solely for the purpose of making the property
safe. The permittee shall, at his own expense, shore up and protect
all buildings, walls, fences or other property likely to be damaged
during the progress of the excavation work and shall be responsible
for all damage to public or private property or highways resulting
from his failure to protect and carry out said work. Whenever it may
be necessary for the permittee to trench through any lawn area, the
sod shall be carefully cut and rolled and replaced after ditches have
been backfilled, as required in this article. All construction and
maintenance work shall be done in a manner calculated to leave the
lawn area clean of earth and debris and in a condition as nearly as
possible to that which existed before such work began. The permittee
shall not remove, even temporarily, any trees or shrubs which exist
in sidewalk areas without first obtaining the consent of the administrative
authority.
All work performed hereunder shall be subject to the supervision and approval of the administrative authority. The Township may inspect the work and, if necessary, require the permittee to perform rework or additional work to ensure that construction in, or other use of, the right-of-way is performed and completed in a manner that is safe and in conformance with Township standards. Whenever the administrative authority shall consider it necessary or advisable, it will appoint a special inspector to inspect the work as it progresses. The permittee shall pay the special inspections fee as set forth in § 176-7.
A.
Commencement of work. All work shall be undertaken within the time
specified in the permit and shall be performed diligently and continuously
until completed.
B.
Substructure depth. All substructures permitted to be installed in,
along or across a permit area or public place shall be drilled, bored,
driven or tunneled a minimum depth of three feet from the surface
to the top of the opening.
C.
Tunneling. Whenever tunneling is to be made under an improved surface,
this fact shall be referred to in the application. Before a tunnel
is excavated, specific approval must be obtained from the administrative
authority. Backfilling shall be done in the presence of a special
inspector. It shall be made with damp concrete mix 1:4:8, thoroughly
tamped in six-inch layers, or according to a similar method approved
by the administrative authority.
D.
Trenching. Trenching across an improved surface may be performed
only when approved methods have been determined not feasible by the
administrative authority because:
(1)
The subsurface is solid rock, as documented with satisfactory evidence
such as drill records, or where boring was attempted without success.
(2)
There are other facilities located longitudinally under the improved
surface area and their location precludes methods other than trenching,
as documented with a detailed plan.
E.
Excavations. All excavations shall be made in accordance with the
Regulations for Excavations and Construction of the Department of
Labor and Industry, Commonwealth of Pennsylvania.
F.
Blasting.
(1)
The use of explosives shall be governed by the Regulations for the
Storage, Handling and Use of Explosives of the Department of Labor
and Industry and Department of Environmental Protection of the Commonwealth
of Pennsylvania and by all federal and local laws.
(2)
All work with explosives shall be done in such a manner as not to
endanger life or property. All storage places and all vehicles transporting
explosives shall be clearly marked "DANGER EXPLOSIVES."
(3)
No blasting will be permitted unless the certification of insurance submitted to the Township shows evidence of coverage for damage to person or property and to surface or subsurface facilities in private or public property, streets or highways due to blasting. In the event that such coverage was not included in the certificate of insurance initially submitted and it becomes necessary to blast, an endorsement shall be obtained and a certificate of the same shall be filed with the administrative authority, subject to the same requirements set forth in § 176-5.
G.
Shoring. Shoring and bracing of trenches and excavations shall be
accomplished in such manner as is required by law and by current regulations
of the Pennsylvania Department of Labor and Industry, the enforcement
of which regulations will be accomplished by the representative of
that department as is required by law. When required by such regulations,
shoring left in place shall be cut off a minimum of two feet below
the finish grade.
H.
Breaking through pavement.
(1)
Heavy-duty pavement breakers may be prohibited by the administrative
authority when their use endangers existing substructures or other
properties.
(2)
Approved cutting of bituminous pavement surface ahead of excavations
may be required by the administrative authority to confine pavement
damage to the limits of the trench.
(3)
Sections of sidewalks shall be removed to the nearest expansion joint
or the nearest score line, provided that a cement-cutting saw is used
for a depth of cut not less than one inch.
(4)
Unstable pavement shall be removed over cave-outs and over breaks,
and the subgrade shall be treated as the main trench.
(5)
Pavement edges shall be trimmed to a vertical face and neatly aligned
with the center line of the trench.
(6)
Cutouts outside of the trench lines must be normal or parallel to
the trench line.
I.
Backfilling excavation.
(1)
All openings or excavations in the roadway, curb and gutter shall
be backfilled with No. 2RC aggregate thoroughly compacted in layers
not exceeding six inches in depth. Each layer shall be completely
consolidated by the use of mechanical tampers prior to placing the
next layer. Pneumatic tampers shall have contact faces not greater
than eight inches in diameter. Backfilling shall be continued in this
manner until the entire trench is uniformly compacted to within seven
inches of the surface.
(2)
All openings or excavations in an unimproved area shall be backfilled
with suitable on-site or off-site material and be compacted in layers
by any acceptable method that will produce a density and stability
equal to or greater than the adjacent area. Large stones, frozen material,
broken pavement, roots, and other debris shall not be used in the
backfill.
J.
Temporary paving. The permittee shall immediately place temporary
paving on all disturbed areas. After the crushed aggregate base course
has been properly prepared and compacted, there shall be constructed
a four-inch binder course of hot-mixed, hot-laid Superpave 25.0 mm
binder course. Weather conditions permitting, final restoration shall
be started no earlier than 90 days. The permittee shall keep and maintain
such paving in proper condition.
(1)
Emergency paving may consist of a cold-mix asphalt material which
shall be replaced with the above paving specification as soon as conditions
warrant or upon notification by the administrative authority.
(2)
Bituminous binder course material shall be per Section 409 of the
Pennsylvania Department of Transportation Form 408.
K.
Permanent paving. The permittee shall install the permanent paving
after the temporary paving has been in place for a minimum period
of 90 days. Pavement edges shall be cut back an additional one foot
on each side of the opening, squared, trimmed to a vertical face and
generally aligned with the center line of the roadway. If defects
appear in the permanent paving within one year after its installation,
the permittee shall completely remove and replace the defective work
at the permittee's expense.
(1)
Bituminous pavement. The base shall consist of six inches of Superpave
25.0 mm base course topped with two inches of Superpave 9.5 mm wearing
course. All surface joints are to be sealed overlapping three inches
on both sides of all joints.
A.
Restoration will include base repair, surface milling and overlay
in accordance with Pennsylvania Department of Transportation standards
to the extent of disturbance, not to be less than 100 feet in length
and one lane in width, at the discretion of the administrative authority.
B.
Where streets have been recently overlaid within the last five years,
restoration will include base repair, surface milling and overlay
in accordance with Pennsylvania Department of Transportation standards
to the extent of milling and overlaying the full cartway, which includes
edge of paving to the other side of edge of paving.
C.
The Township departments shall routinely inform utilities of the
Township's capital improvement programs and of specific projects
as they are designed. Prior to the scheduled rehabilitative work,
the utilities are expected to perform any needed maintenance work
on their below-street facilities and to upgrade them for growth commensurate
with the expected life of the street improvement.
A.
Lines and grades. The repair and/or replacement of sidewalk, curb and driveways within a public place shall conform to that which is existing. New curb and sidewalk construction shall conform to lines and grades as established on an approved plan, prepared by a registered professional engineer or land surveyor complying with the requirements of Chapter 180, known as "Subdivision and Land Development," for streets, curbs and sidewalks. All new street, curb or sidewalk construction shall require special inspection.
B.
Driveways. Driveways constructed across sidewalk areas must conform
to standards for driveways across sidewalks illustrated in an attachment to this chapter.
Curbs at driveways may be depressed to within two inches above the
road surface, but depressed curbs may be constructed only by replacing
existing curbing with full sections of new curbing. The driveway apron
between the edge of the sidewalk and curb shall be concrete six inches
in thickness and shall not extend into the gutter area or beyond the
face of curb. In the case of corner properties, driveways shall be
located as far away from the intersection as possible, and no part
thereof shall extend into the radius corner.
C.
Sidewalks. Sidewalk paving shall not be less than four feet in width.
Sidewalk paving shall be located between the curb and right-of-way
lines and as far from the curb as practicable, the minimum distance
to be four feet from the face of the curb. The grade and paving of
the sidewalk shall be continuous across driveways. Sidewalk paving
shall have a minimum thickness of six inches at driveways and four
inches elsewhere, conforming to standards for sidewalks illustrated
in an attachment to this chapter.
D.
Ramps for physically handicapped: a paved ramp from the grade level
of a street to the grade level of a sidewalk intended to allow access
for wheelchairs or similar type of equipment used by disabled persons
for personal mobility. Ramps for the physically handicapped shall
be constructed in accordance with the latest Pennsylvania Department
of Transportation standards and Title II, Americans with Disabilities
Act.[1] All ramps shall be provided with detectable warning surfaces.
[1]
Editor's Note: See 42 U.S.C. § 12131 et seq.
E.
Grading of sidewalk and driveways on existing paved streets without
curbing. Sidewalk areas are to be graded and seeded along existing
paved streets, where no curb has been constructed, in such a manner
as to conform to the grade of the existing paving and to provide for
the free flow of surface drainage within a shaped sodded or grouted
riprap gutter, conforming to the typical half-section illustrated
in an attachment to this chapter. Driveways across sidewalk areas
where no curb exists must follow the same grades shown. In no case
will driveways be permitted that interfere with the passage of surface
drainage within the gutter. Pipes under drives will be permitted,
subject to the approval of the administrative authority in each particular
instance, based on the submission of a plan defining the pertinent
points as to vertical and horizontal alignment of the culvert and
the driveway, along with the type of material to be used in their
construction, as shown on the plan submitted with such application,
prepared by a registered professional engineer. Construction will
be subject to the inspection by authorized representatives of the
administrative authority.
F.
Drains. No stormwater drains shall be constructed or maintained which
discharge water over or upon any sidewalk or which might cause undermining
of the sidewalk, curb or road paving. Such drains shall be constructed
only with the approval of the administrative authority and having
first received permitting. Drains shall be constructed under the sidewalk,
discharging directly into the gutter, except that where the outlet
is adjacent or in proximity to a storm drain or inlet, connection
may be made thereto as directed by the administrative authority. Property
owners shall keep free of obstruction all such drains from within
their property to the point of discharge.
G.
Pipes. Property owners shall keep free of obstruction all pipes which
receive or carry water from within their property to the point of
discharge.
No construction materials shall be stored on the improved surface
of any highway or obstruct any sidewalk, except where allowed by this
article, nor shall such materials be allowed to obstruct the flow
of water in any gutter or be placed within 25 feet of any fire hydrant
or other vital equipment or be mixed upon any improved surface or
left within a public place after the expiration of the permit.
A.
No oil tanks, walls, fences, signs, planting, shrubbery, posts, dumpsters,
containers, trash receptacles or similar obstructions may be placed
within the boundaries of any public place without the approval of
the administrative authority. Any such obstruction shall be removed
promptly by the permittee, company or property owner whenever notice
to remove such obstruction is given by the administrative authority.
B.
If the permittee, company or property owner fail to comply with such
notice, in addition to the penalties provided herein, the administrative
authority may remove the obstruction and charge the cost thereof to
the owner, agent or responsible party.
A.
It shall be unlawful for all persons owning or occupying property
along any public highway, road, street, avenue, public lane or public
alley in the Township of Lower Moreland to drain or to allow the flow
into or upon any highway, road, street, avenue, public lane or alley,
by pipes or any other channel, either natural or artificial, any water
or drainage from sinks, bath tubs, wash stands, lavatories, water
closets, privies or cesspools of any kind or nature whatsoever or
any other foul or offensive water or drainage of any kind or to allow
any such water or drainage to percolate into or upon said highway,
road, street, avenue, public lane or public alley.
B.
Discharge of industrial waste; swimming pool water.
(1)
The discharge of any industrial waste, including swimming pool water,
to a water of the commonwealth via any highway, road, street, avenue,
public lane or alley not first meeting the guidelines established
by the Pennsylvania Department of Environmental Protection (PA DEP)
is a violation of that agency's laws and may be enforced by PA
DEP.
A.
It shall be unlawful for any person or persons to stop, fill up,
confine, divert, pave or otherwise interfere with any drain, ditch,
stream, watercourse or drainage facility in the Township without first
obtaining from the administrative authority a permit authorizing such
work to be performed, and no drain, ditch, stream, watercourse or
drainage facility shall be stopped, filled up, confined, diverted,
paved or otherwise interfered with except in strict accordance with
the terms and conditions of such permit and the plans and specification
therewith.
[Added 6-12-2012 by Ord. No. 659]
A.
No person, firm, corporation or other entity within the Township
shall construct a driveway or install a utility or telecommunication
facility within a street right-of-way, except as permitted by this
section.
B.
Permit procedures.
(1)
A permit must be acquired from Lower Moreland Township for any
work within a Township right-of-way and from the Pennsylvania Department
of Transportation (PennDOT) for any work within a state right-of-way
where such work involves construction or alteration of a driveway
or the installation of a utility, telecommunication facility or other
structure.
(2)
An application for a driveway permit shall be submitted in the
name of the owner or equitable owner of the property.
(3)
An application for a road opening permit or right-of-way construction
for a utility or telecommunication facility must be submitted in the
name of the owner or operator of the facility.
(4)
Forms, plans and fees shall be submitted in accordance with
regulations and procedures adopted by either Lower Moreland Township
or PennDOT for work in Township or state rights-of-way, respectively.
The application fees for work within Township rights-of-way shall
be specified in the schedule of fees by resolution by the Board of
Commissioners.
C.
Regulations and standards.
(1)
This section represents minimum requirements of certain types of activities within Township or state rights-of-way. Activities associated with approved subdivision or land developments shall be subject to any additional requirements of the final plans as approved by Lower Moreland Township and/or PennDOT. Any activity not regulated by the Subdivision and Land Development Ordinance of Lower Moreland Township (Chapter 180) shall be regulated by the requirements of this section.
(2)
A drainage control plan and analysis shall be submitted whenever
an increase in flow of water into a street or into existing drainage
facilities will result from the proposed activity. The design of all
drainage facilities shall be based on the Rational Method as determined
by the PennDOT Design Manual, Part 2, as amended, and the United States
Department of Commerce, Hydraulic Design Series No. 5, Hydraulic Design
of Highway Culverts, as amended.
(3)
All construction work, structures, paving and facilities shall
conform to the design standards of PennDOT Publications 408 and 72
(Road Construction Standards), as amended. Work shall be done at such
time and in such a manner as shall be consistent with the safety of
the public. Any work within Township or state rights-of-way shall
conform to all requirements and standards of PennDOT, except as otherwise
supplemented or modified by this section. In the event regulations
conflict, the most stringent regulations shall apply. If at any time
it is found the work is not being done or has not been properly performed,
the permittee, upon being notified in writing by either the Township
or PennDOT, must immediately take the necessary steps, at its own
expense, to replace the work in a condition to conform to such requirements
or standards. In case any dispute arises between the permittee and
the representative of the owner of the right-of-way, the owner's
representative shall have the authority to suspend work until the
question at issue can be decided by the Township and/or state.
(4)
The following PennDOT provisions shall regulate the occupancy
of all Township and state rights-of-way, unless otherwise required
by an approved subdivision or land development plan, this section,
or the Township Engineer:
(5)
A traffic control plan must be submitted to either close any
portion of a travel lane during construction, during the hours of
darkness when no active work is in progress or to detour traffic in
order to perform the permitted work. All plans shall conform with
§ 6123[1] of the Motor Vehicle Code, as amended, and the applicable
provisions of the Pennsylvania Code, Title 67, Transportation, Chapter
203, as amended.[2]
D.
Driveway construction requirements.
(1)
Driveways shall be located at least 40 feet from street intersections,
measured from the center line of the driveway to the point of intersection
of the street ultimate right-of-way lines (extended). When streets
of different classifications are involved, driveways shall provide
access to the street of lesser classification.
(2)
Driveways shall be provided with a stopping area of 20 feet,
at a maximum grade of 3%, measured from the edge of cartway. In order
to provide access for emergency vehicles, the maximum center line
grade for any portion of the driveway shall not exceed 8% and the
maximum change in grade shall not exceed 6%.
(3)
Driveways shall be paved for a minimum of 50 feet from the edge
of the street or to the ultimate right-of-way, whichever is greater.
The pavement construction shall be in accordance with Township-approved
construction details. (NOTE: Construction detail is on file and may
be seen at the Township office.) In the event additional width or
a supplemental thickness is required by other rules and regulations
of the Township or PennDOT, or as may be necessitated by site conditions,
these minimum requirements shall be increased appropriately.
(4)
Driveways shall have a minimum radius of curvature at the street
intersection of 10 feet.
(5)
A minimum distance of five feet shall be maintained between
the driveway and the side lot lines.
(6)
Driveways shall have a minimum turnaround area of 10 feet by
20 feet.
(7)
A fifty-foot clear sight triangle must be provided for all driveways,
measured from the point of intersection of the street right-of-way
line and edge of the driveway. The site plan shall contain a notation
that states that the applicant is required to maintain the area of
the clear sight triangle and the Township has the right to enter and
perform required maintenance in the area if deemed critical to public
welfare.
(8)
Sight distances for all driveways shall comply with Pennsylvania
Code, Title 67, Transportation, Chapter 441, Access to and Occupancy
of Highways by Driveways and Local Roads, as amended.
(9)
When a sidewalk is proposed across a driveway, a concrete apron
shall be installed in accordance with Township-approved construction
details. (NOTE: Construction detail is on file and may be seen at
the Township office.) When a curb is proposed along a driveway, depressed
curb shall be installed in accordance with the attached construction
detail.
(10)
A fifteen-inch RCP culvert, or equivalent size, shall be provided
for all driveways. The minimum culvert length shall be 24 feet with
flared end sections and end walls. Where an existing roadside drainage
swale is too shallow to permit installation of a driveway culvert,
a concrete trench box with grate may be utilized upon approval of
the Township.
E.
Telecommunication facilities. All proposed telecommunication facilities within Township or state rights-of-way, shall meet the requirements of § 208-132.3 of the Zoning Code, Chapter 208,[3] of the Township for a special exception. All new telecommunication
facilities shall utilize existing poles, streetlights or other structures
within the right-of-way or acquire additional areas adjacent to and
outside of the right-of-way, or shall be placed underground.
F.
Maintenance period. Upon completion of the work authorized by the
permit, the Township shall inspect the work and, when necessary, enforce
compliance with the conditions, restrictions and regulations prescribed
by the Township. In addition to such inspection, the Township may
reinspect the work not more than two years after its completion and
if any settlement of any road surface trench or other defects shall
appear in the work contrary to the conditions, restrictions and regulations
of the Township, it may enforce compliance therewith. If the applicant
shall fail to rectify a defect which presents an immediate or imminent
safety or health problem in 48 hours, or any other defect within 60
days after written notice from the Board of Commissioners to do so,
the Board of Commissioners, or its agents, may do the work and impose
upon the applicant the costs thereof, together with an additional
20% of the costs, which may be recovered by a civil action in the
Court of Common Pleas of Montgomery County.
[Added 6-12-2012 by Ord. No. 659]
A.
Conditions of street occupancy. Facilities and equipment installed
or erected by the permittee pursuant to the terms hereof shall be
located so as to cause a minimum of interference with the proper use
of public rights-of-way and with the rights and reasonable convenience
of property owners who own property that adjoins any of said public
rights-of-way.
B.
Restoration of public rights-of-way. If during the course of the
permittee's construction, operation, and/or maintenance of its
facilities and equipment there occurs a disturbance of any public
rights-of-way by the permittee, the permittee shall, at its expense,
replace and restore such public rights-of-way to a condition which
existed immediately prior to such disturbance. If the permittee excavates
the surface of any public rights-of-way, the permittee shall be responsible
for restoration of the public rights-of-way and its surface within
the area affected by the excavation. The Township reserves the right,
after providing notice to the permittee, to remove and/or repair any
work done by the permittee which is inadequate. The reasonable cost
thereof, including the cost of inspection and supervision, shall be
paid by the permittee. All excavations made by the permittee in the
public rights-of-way shall be properly safeguarded for the prevention
of accidents.
C.
Trees and shrubbery. The permittee shall notify the Township and
all affected property owners regarding the permittee's need to
trim trees or other natural growth upon and overhanging public rights-of-way
so as to prevent the branches of such trees from coming in contact
with its facilities or equipment. Trimming shall be limited to the
area required to clear its facilities or equipment.
D.
Safety requirements. All such work in the public rights-of-way shall
be performed in accordance with applicable safety codes and technical
requirements.
E.
Maps. Prior to beginning any construction of facilities, the permittee
shall provide the Township with a construction schedule for work in
the public rights-of-way which schedule shall be updated as changed.
Upon completion of initial construction and upon completion of construction
of any modification to its facilities, the permittee shall provide
the Township with a map showing the location of its installed facilities
in the public rights-of-way. Such maps shall be provided in both paper
form, as well as in an electronic format for placement on the Township's
GIS system. Annually thereafter, the permittee shall provide a map
to the Township showing the location of the permittee's facilities
in the public rights-of-way on a scale of 150 feet per inch or whatever
standard scale the Township adopts for general use.
F.
Excavations. The permittee may make excavations in public rights-of-way
for any facility subject to obtaining excavation permits from the
Township. Prior to doing such work, the permittee must apply for,
and obtain, appropriate permits from the Township, and give appropriate
notices to any other licensees and/or the permittees of the Township,
and/or other units of government owning or maintaining facilities
which may be affected by the proposed excavation.
G.
Reservation of the Township public rights-of-way. Nothing in this
section shall be construed to prevent the Township or other agency
of government or municipal authority from constructing sewers, grading,
paving, repairing and/or altering any street and/or laying down, repairing
and/or removing water mains and/or constructing and/or establishing
any other public work or improvement. If any of the permittee's
facilities or equipment interferes with the construction or repair
of any street or public improvement, including construction, repair
or removal of a sewer or water main, the permittee's facilities
or equipment shall be removed or replaced in the manner the respective
Township or other agency of government or municipal authority shall
direct. Any and all such removal or replacement shall be at the expense
of the permittee. Should the permittee fail to remove, adjust or relocate
its facilities by the date established by the Township or other agency
of government or municipal authority, the Township or other agency
of government or municipal authority may cause and/or effect such
removal, adjustment or relocation, and the expense thereof shall be
paid by the permittee, including all reasonable costs and expenses
incurred by the Township or other agency of government or municipal
authority due to the permittee's delay.
[Added 6-12-2012 by Ord. No. 659]
A.
The permittee shall save the Township, its agents, employees and
elected and appointed officials, harmless from and against all claims,
damages, losses and expenses, including reasonable attorney's
fees, sustained on account of any suit, judgment, execution, claim
or demand whatsoever arising out of the construction, leasing, operation
or maintenance of the permittee's equipment, facilities, and
services specified by this section, whether or not any act or omission
complained of is authorized, allowed and/or prohibited by this section
and the rights granted hereunder.
B.
The permittee shall obtain and maintain in full force and effect
insurance with an insurance company licensed to do business and doing
business in the Commonwealth of Pennsylvania and acceptable to the
Township. All companies will be required to be rated A-VH or better
by A.M. Best or A or better by Standard and Poors. The permittee shall
provide Township with proof of such insurance so required.
C.
The permittee shall obtain and maintain in full force and effect,
at the permittee's sole expense, insurance coverage in the following
types and minimum amounts:
|
Type
|
Amount
| ||
|---|---|---|---|
|
Workers' compensation and statutory employers liability
|
$100,000/$500,000/$100,000
| ||
|
Commercial general (public) liability to include coverage for
the following where exposure exists:
| |||
|
Premises operations
Independent contractors
Products/completed operations
Personal injury
Contractual liability
Explosion, collapse and underground property damage
|
Combined single limit for bodily injury and property damages
$2,000,000 per occurrence or its equivalent
| ||
|
Comprehensive vehicle insurance coverage for loading and unloading
hazards, for:
| |||
|
Owned/leased vehicles
Nonowned vehicles
Hired vehicles
|
Combined single limit of bodily injury and property damage $1,000,000
per occurrence or its equivalent
| ||
D.
The Township shall receive without expense copies of certificates
of insurance evidencing coverage stated above.
E.
The permittee agrees that with respect to the above-required insurance,
all insurance certificates will contain the following required provisions:
(1)
Name the Township and its officers, employees, Board members
and elected and appointed officials as additional insured parties
(as the interests of each insured may appear) as to all applicable
coverage (except workers' compensation).
(2)
Provide for 60 days' written notice to the Township for cancellation,
nonrenewal, or material change.
(3)
Provide that all provisions of this section concerning liability,
duty, and standard of care, including the indemnity provisions, shall
be underwritten by contractual coverage sufficient to include such
obligations within applicable policies, subject to policy terms and
conditions.
F.
Companies issuing the insurance policies shall have no recourse against
the Township for payment of any premiums or assessments which all
are set at the sole risk of the permittee. Insurance policies obtained
by the permittee shall provide that the issuing company waives all
right of recovery by way of subrogation against the Township in connection
with any damage covered by these policies.
G.
The permittee shall obtain and maintain, at its sole cost and expense,
and file with the Township, a corporate surety bond with a surety
company authorized to do business in the Commonwealth of Pennsylvania
in the amount of 15% of the permittee's estimated costs to secure
the permittee's performance of its obligations and faithful adherence
to all requirements of this section.
(1)
No action, proceeding or exercise of a right with respect to
such bond shall affect the Township's rights to demand full and
faithful performance under this section or limit the permittee's
liability for damages.
(2)
The bond shall contain the following endorsement: It is hereby
understood and agreed that this bond may not be cancelled by the surety
nor any intention not to renew be exercised by the surety until 60
days after receipt by the Township of Lower Moreland, by registered
mail, of written notice of such intent.
H.
All expenses of the above-noted insurance and bond shall be paid
by the permittee.
I.
The insurance policies mentioned herein shall contain an endorsement
stating the following: Should any policies of insurance be cancelled
or coverages be reduced, before the expiration date of said policies
of insurance, the issuer shall deliver 60 days' advance written
notice to the Township.
J.
Neither the provisions of this section nor any insurance accepted
by the Township pursuant hereto, nor any damages recovered by the
Township thereunder, shall be construed to excuse faithful performance
by the permittee and/or limit the liability of the permittee under
this section issued hereunder and/or for damages, either to the full
amount of the bond or otherwise.
Any person who shall violate any provision of this article or
who shall fail to comply with any condition or requirement of any
permit granted in accordance with this article shall be guilty of
an offense and, for each and every such offense, upon conviction thereof,
shall be sentenced to pay a fine of $1,000 and costs of prosecution
and, in default of payment of such fine and costs, to imprisonment
for not more than 30 days, provided that a new and separate offense
shall be deemed to have been committed for each day that any such
violation or failure to comply shall exist.
