[Adopted 12-19-1962 by Ord. No. 1409]
The following words and terms, as used herein,
shall have the following meanings:
Material used to replace or the act of replacing material
removed during construction.
[Added 3-18-1992 by Ord. No. 3278]
A decrease in the useful life of the right-of-way caused
by the excavation in or disturbance of the right-of-way, resulting
in the need to reconstruct such right-of-way earlier than would be
required if the excavation or disturbance did not occur.
[Added 12-18-2002 by Ord. No. 3664]
The Lower Merion Township Department of Public Works.
[Added 3-18-1992 by Ord. No. 3278]
The Director of the Public Works Department or his designee.
[Added 3-18-1992 by Ord. No. 3278]
A condition that poses a danger to life, health, or of a
significant loss of property, or requires immediate repair or replacement
of facilities in order to restore service to a customer.
[Added 12-18-2002 by Ord. No. 3664]
Any tangible asset in the right-of-way required to provide
utility service or passage along or through the right-of-way.
[Added 12-18-2002 by Ord. No. 3664]
The combination of subbase, base course and surface course
placed on a subgrade to support the traffic load or distribute it
to the roadbed, or both. The term normally includes the traveled portion
of the highway and extends to the face of the curb in a curbed section.
[Added 3-18-1992 by Ord. No. 3278]
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.
[Amended 11-19-2014 by Ord. No. 4038]
Any individual, firm, corporation, association or partnership.
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.
[Added 12-18-2002 by Ord. No. 3664]
The area which has been acquired by the Township for highway
purposes.
[Added 3-18-1992 by Ord. No. 3278]
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 or pavement of any permit area, or perform
any work within the permit area for the purpose of installing or repairing
pipes, sewers, drains, conduits, sidewalks, curbs, driveways and similar
structures, or for erecting or replacing poles, without first having
obtained a permit; nor shall any person store materials upon or move
over any permit area buildings or other structures or vehicles carrying
loads exceeding in size or weight the limits specified in the Vehicle
Code,[1] without having first obtained a permit.
[1]
Editor's Note: See Title 75, Vehicles, of
the Pennsylvania Consolidated Statutes.
[Amended 3-18-1992 by Ord. No. 3278]
A written application for a permit shall be
made to the Department setting forth the following:
A.
The name and address of the applicant.
B.
The purpose of the application.
C.
The time and place where the work is to be done or
the permit area is to be occupied.
D.
The name of the owner of the abutting property, together
with a statement that the consent of such owner to the performance
of the work has theretofore been obtained, except that such statement
shall not be required where the application is made by a corporation
subject to the supervision of the Pennsylvania Public Utility Commission.
E.
Such other information as may be required by the Township
Engineer.
A.
The filing of an application and the issuance of a
permit hereunder shall constitute an agreement on the part of the
applicant to comply with all the terms of this article and all rules,
regulations, standards and specifications and requirements of the
Public Works Department now in force or hereafter adopted, and shall
also constitute an agreement to indemnify and save the Township harmless
from and against all claims, demands and actions for damages either
to person or to 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.
The application shall be signed by a person who shall,
in connection therewith, have filed with the Township Secretary a
certificate showing that the applicant has obtained from a reputable
company a policy of insurance with limits for public liability, property
damage, products liability and completed operations, each of which
must have a single occurrence limit of at least $300,000. No such
policy of insurance shall be required, however, where:
[Amended 3-18-1992 by Ord. No. 3278]
(1)
The work is to be performed by a corporation subject
to the supervision of the Pennsylvania Public Utility Commission;
or
(2)
The work is to be performed by the owner himself on
his own property, does not involve the breaking of any improved road
surface, is to be completed within three working days and the cost
does not exceed the sum of $100.
[Amended 1-17-1968 by Ord. No. 1544; 4-21-1971 by Ord. No.
1639; 1-19-1977 by Ord. No. 1785; 9-21-1977 by Ord. No. 1802; 3-18-1992 by Ord. No. 3278; 12-18-2002 by Ord. No. 3664; 5-15-2024 by Ord. No. 4293]
At the time of the filing of the application,
the applicant shall pay a permit fee, the components of which are
set forth on the Township Schedule of Fees, as adopted and amended
from time to time by the Board of Commissioners.[1] Any person who commences any work before obtaining the
necessary permits required by this article shall be subject to an
additional fee equal to the required permit fees. The permit fee components
include the following:
A.
Administrative fee. The estimated fee established
at the time of permitting by the Township to recover Township costs
associated with processing, reviewing, verifying, issuing, and managing
permit applications.
B.
Street construction fee.
(1)
Unimproved surface. The estimated fee established
at the time of permitting by the Township to recover Township costs
associated with inspecting, evaluating, and documenting the excavation,
disturbance, work within, and restoration of unimproved surfaces within
a Township right-of-way.
(2)
Improved surface. The estimated fee established at
the time of permitting by the Township to recover Township costs associated
with inspecting, evaluating, and documenting the excavation, disturbance,
work within, and restoration of improved surfaces within a Township
right-of-way.
C.
Street degradation fee. The estimated fee established
at the time of permitting by the Township to recover Township costs
associated with the decrease in useful life of the right-of-way caused
by the work in the permit area.
D.
Pole fee. The estimated fee established at the time
of permitting by the Township to recover Township costs associated
with inspecting, evaluating, and documenting the setting, repair,
and replacement of utility poles.
E.
Curb and sidewalk fee. The estimated fee established
at the time of permitting by the Township to recover Township costs
associated with inspecting, evaluating, and documenting the placement,
repair, and replacement of curbs, driveway aprons and openings, and
sidewalks.
F.
Street closing fee. The estimated fee established
at the time of permitting by the Township to recover Township costs
associated with inspecting and managing streets closed to traffic.
G.
Occupancy fee. The estimated fee established at the
time of permitting by the Township to recover Township costs associated
with inspecting and managing a street and activities on the street
when the street is occupied or otherwise being used by a permittee.
H.
Special use fee. The estimated fee established at
the time of permitting by the Township to recover Township costs associated
with inspecting and managing special uses such as the movement of
buildings or heavy loads over Township streets. There shall be a daily
Township fee plus additional charges as specified in the Pennsylvania
Vehicle Code.[2]
[2]
Editor's Note: See Title 75, Vehicles, of
the Pennsylvania Consolidated Statutes.
I.
Special inspection fee. The estimated fee established
at the time of permitting by the Township to recover Township costs
associated with special inspections.
J.
Traffic management fee. A fee for the cost of a Township
police officer engaged in traffic management and control.
[Amended 1-17-1968 by Ord. No. 1544; 4-21-1971 by Ord. No.
1639; 1-19-1977 by Ord. No. 1785; 9-21-1977 by Ord. No. 1802]
Upon the filing of the application and the certificate
of insurance where required, and the payment of the fee or fees hereinabove
required, and in addition a permit fee as set forth in the Township
Schedule of Fees, as adopted and amended from time to time by the
Board of Commissioners,[1] the Township Secretary shall issue a permit which, unless
stated to be for a shorter period shall be good for 30 days, and may
be renewed for a like period upon payment of a renewal fee. The permit
shall at all times be kept in the possession of a competent person
actually engaged on the work, and upon demand shall be exhibited to
any police officer or duly authorized employee of the Township, county
or state.
The filing of an application for the installation
or repairing of pipes, sewers, drains, conduits, sidewalks, curbs,
driveways and similar structures, or for erecting or replacing poles,
shall constitute an agreement that the applicant will, upon notice
from and without expense to the Township, make such changes in the
location thereof as may be required by the Township Engineer. The
issuance of a permit hereunder shall not confer upon the applicant
a permanent right to maintain such structures in the permit area.
If any such structure is not removed upon receipt of notice so to
do from the Township, the Public Works Department may thereupon remove
it and charge the cost of such removal to the applicant.
[Amended 3-18-1992 by Ord. No. 3278]
It shall be the duty of the permittee to furnish
to the traveling public suitable protection surrounding the location
of all openings, excavations, stored materials and buildings or other
structures within the permit area by means of suitable flags and barricades,
supplemented, where necessary, by flashing amber lights, which shall
be kept lighted from sunset to sunrise, or to provide such other means
of protection, including one or more flagmen to direct traffic, as
may be required by the Director.
[Amended 1-17-1968 by Ord. No. 1544; 3-18-1992 by Ord. No.
3278; 12-18-2002 by Ord. No. 3664; 11-19-2014 by Ord. No. 4038; 2-27-2019 by Ord. No. 4160; 12-14-2022 by Ord. No. 4254]
All work performed hereunder shall be subject
to the approval of the Director of Public Works, or his or her designee,
and to the requirements set forth in the Township of Lower Merion
Site Design and Construction Standards Manual, which shall be applicable
to all new, proposed, repair and/or restoration work being undertaken
within the public right-of-way. 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. All such work shall conform to the following
standards:
A.
Commencement of work. All work shall be undertaken
within the time specified in the permit, or within 24 hours after
receipt of the permit where no time for commencement is specified,
and shall be performed diligently and continuously until completed.
B.
Closing permit area to traffic. In no case shall a
permit area, or any part thereof, be closed to traffic without the
written consent of the Director of Public Works or his designee.
C.
Tunneling under an improved surface. Whenever, in
connection with any work covered by this article, a tunnel is to be
made under an improved surface, this fact shall be disclosed in the
application. Before a tunnel is excavated specific approval must be
obtained from the Township and endorsed upon the permit. The backfilling
of the excavation shall not be done except in the presence of a special
Township inspector. It shall be made with a damp concrete mix 1 to
4 to 8, thoroughly tamped in six-inch layers, or according to a similar
method approved by the Township Engineer.
D.
Backfilling.
(1)
All breaks or openings in surfaces made pursuant to
this article shall be backfilled to the approval of the Township Public
Works Department, replacing the excavated materials with No. 2RC aggregate,
as specified in § 703.3(D), Pennsylvania Department of Transportation
408, within two inches of the surface of the street, road or alley.
All backfilling must be done by thorough tamping in the uniform layers
not to exceed six inches in depth. The remaining two inches of excavation
shall be filled and compacted with cold patch and maintained in good
condition until final restoration is made. If not adequately maintained,
the township will repair at the permittee's expense. In unimproved
areas, backfilling may be accomplished with excavated materials, if
approved by the Department, tamped in six-inch layers.
(2)
The Township Public Works Department, at the discretion
of the inspector, may permit or require the use of flowable backfill
where conditions or circumstances warrant. Flowable backfill shall
meet the Pennsylvania Department of Transportation specifications
for flowable backfill or flowable backfill for pipe trench.
E.
Restoration, generally.
[Amended 5-15-2024 by Ord. No. 4293]
(1)
Restoration is to be performed by the permittee in
compliance with the specifications set forth in this article and subject
to the approval and inspection of the Township Public Works Department.
(2)
Excess materials shall be removed from the job site.
Weather conditions permitting, final restoration shall be completed
within 30 days after completion of the initial work. No new permit
will be issued to an applicant if final restoration under a previously
issued permit has not been completed as provided herein. The Township
Public Works Department shall be notified by the applicant prior to
the commencement of final restoration work.
(3)
Within 30 days after completion of all work and restoration,
the permittee shall provide the Township with as-built drawings of
the permit area. The as-built drawings shall show the location and
type of all utilities, structures, and other facilities installed
in the permit area as well as the location of all restored surface
areas.
(4)
Where
work is performed by the permittee on behalf of an adjacent property
owner, and restoration fails to conform to the requirements of this
article resulting in the Township having to complete the restoration,
the cost thereof, together with an administrative fee of 10%, shall
be assessed against the adjacent property owner. The Township may
file a municipal claim therefore upon failure of the adjacent property
owner to make prompt payment.
F.
Restoration, streets. Specifications for final restoration
of street openings are:
(1)
The surface excavation shall be seven inches in depth,
leaving a vertical face.
(2)
There shall be a twelve-inch setback on both sides
of the trench.
(3)
The materials for restoration shall be six inches
of bituminous concrete base course meeting the requirements of Section
305, Pennsylvania Department of Transportation 408, topped with one-inch
ID-2 wearing course.
(4)
On restorations measuring more than four feet, whether
transverse or longitudinal, the bituminous surface course shall be
compressed with a tandem roller. For restorations measuring less than
four feet, the compactions of the bituminous material shall be with
a mechanical vibratory tamper with a minimum plate size of 12 inches
by 12 inches.
(5)
All surface joints are to be painted with E-1 asphalt
overlapping three inches on both sides of all joints.
(6)
If a permittee opens pavement having a bituminous
concrete surface and the wearing course is less than five years old,
the permittee shall, in addition to the restoration conditions outlined
in the permit and in this section, overlay the pavement in accordance
with the following:
(a)
When a longitudinal opening longer than 100
linear feet has been made in the pavement, the permittee shall overlay
the traffic lanes in which the opening was made, for the entire length
of highway between the openings, in a manner authorized by the Department
of Public Works.
(b)
When four or more openings have been made within
100 linear feet of pavement, the permittee shall overlay traffic lanes
in which the openings were made, for the entire length of highway
between the openings, in a manner authorized by the Department of
Public Works.
(c)
If disturbed lanes adjacent to undisturbed lanes
are overlaid, the edge of the disturbed lane shall be saw cut or milled
to a depth of 1 1/2 inches or the depth of the existing surface
course, whichever is less, for the length of the opening to ensure
a smooth joint, with proper elevation and cross section. A full width
overlay may be authorized on various highways instead of saw cutting
or milling the disturbed lane.
(7)
The permittee shall excavate and restore any street
area within five feet of the area disturbed under the permit if any
area within five feet beyond the disturbed area has previously been
disturbed.
G.
Restoration of sidewalk and curb. The specifications
for final restoration of curbs and sidewalks shall be those set forth
in the Township of Lower Merion Site Design and Construction Standards
Manual.
H.
Trees, shrubs, and landscape plantings. The permittee shall comply with the requirements of Chapter 128, Shade Trees, of this Code and the following requirements:
(1)
The permittee shall avoid unnecessary damage or injury
to trees, shrubs, and landscape plantings.
(2)
The permittee shall replace any tree, shrub or other
landscaping planting removed or substantially damaged during the course
of the work.
(3)
The Township may require the permittee to take precautions,
such as directional boring or rerouting a utility line, to avoid injuring
a tree, shrub, or landscape planting.
(4)
Any tree, shrub or other landscaping planting that
shows substantial damage attributable to the permittee's work within
eighteen months of completion of the work shall be replaced by the
permittee at the permittee's sole expense.
I.
ADA compliance.
All work pursuant to this article shall be completed in accordance
with the guidelines of the Americans With Disabilities Act of 1990,
as amended[1] (ADA compliant), as amended and reflected within the current
standards and guidelines established by the Pennsylvania Department
of Transportation (PennDOT). Notwithstanding the requirements set
forth in § 135-28, paved pedestrian-accessible routes (sidewalks)
must maintain a minimum width of not less than 36 inches (three feet)
at pinch points caused by any form of obstruction to pedestrian movement.
The Americans With Disabilities Act of 1990, and subsequently related
PennDOT guidelines are incorporated by reference and shall take precedence
over any lesser standard set forth herein. Requirements to upgrade
existing facilities to meet current ADA requirements shall be as follows:
(1)
When
any amount of sidewalk replacement is associated with utility main
or utility pole replacement; and
(2)
Wherever
replacement of existing sidewalk on a street corner is the sole maintenance
remedy possible to ensure the safety of the public, except where no
pedestrian route is present on the opposite side of the street.
[1]
Editor’s Note: See 42 U.S.C. § 12101 et seq.
[Amended 12-14-2022 by Ord. No. 4254]
All work performed hereunder shall be subject to the requirements
set forth in the Township of Lower Merion Site Design and Construction
Standards Manual, which shall be applicable to all new, proposed,
repair and/or restoration work being undertaken within the public
right-of-way. All such work shall conform to the following standards:
A.
Lines and grades. The Township Engineer shall furnish
information as to lines and grades for the construction and repair
of sidewalks, curbs, drains and driveways within a permit area. No
work shall be performed therein which does not conform with such lines
and grades.
B.
Curbs. The construction and resetting of concrete
or dressed granite curbs and the making of cuts therein shall be performed
in accordance with Township Standards and Specifications.
C.
Driveways. Driveways shall be constructed across the
permit area at the grade of the sidewalk and meet the grade of the
curb. Curbs may be depressed one inch to 1 1/2 inches above the
surface of the road. Sidewalks shall be continued across driveways.
D.
Drains. No storm, roof, swimming pool, sump, air-conditioning,
driveway, parking lot, gasoline or service station, used car lot,
car wash or other drain shall be constructed or maintained which discharges
water over or upon any sidewalk. Where required by the Township Engineer,
such drains shall extend to a storm drainage facility. The Township
Engineer may require drainage facilities to be installed by the property
owner to accommodate any of the above water sources which discharge
over or upon the permit area. Such drains shall be constructed under
the sidewalk. Where the outlet of a drain is adjacent to a storm sewer,
connection shall be made thereto. Waste from sinks or cesspools and
foul or offensive drainage shall not be discharged upon any highway
or into storm drains.
E.
Pipes. Property owners shall keep free of obstructions
all existing gutter pipes under driveways which receive or carry water
within a permit area. No permits will be issued for replacement or
new installations of gutter pipes under driveways.
F.
Specifications and regulations. All work performed
within a permit area shall conform to the Township Specifications
and Regulations on file in the office of the Public Works Department.
No building or construction materials or facilities
for building construction shall be permitted to occupy more than 1/3
of the width of an improved road surface or obstruct any sidewalk
so that free passage of not less than four feet in width shall at
all times be maintained; nor shall such materials be permitted to
obstruct the flow of water in any gutter or be placed within 25 feet
of any fire hydrant or be mixed upon an improved surface or left within
the permit area after the expiration of the permit.
[Amended 3-18-1992 by Ord. No. 3278; 6-19-2002 by Ord. No.
3648]
A.
No gasoline pumps, oil tanks, walls, fences, posts,
stones, planting, shrubbery, sprinkler system or similar obstruction
shall be placed above or below ground within the permit area. Any
such obstructions shall be removed promptly by the property owner
whenever written notice to remove the same is given by the Department.
If the owner fails to comply with such notice, the Township shall
remove the obstruction and charge the cost thereof to the owner.
B.
The Township may grant a waiver to permit fences within
the right-of-way, subject to the following conditions:
(1)
All requests for a waiver shall be presented to the
Director of Public Works. If the Director of Public Works determines
that the fence might present a sight obstruction to vehicular and/or
pedestrian traffic, the request must then be reviewed by a member
of the Traffic Safety Unit to determine if the sight distance with
the fence complies with current PennDOT standards and/or if it presents
any other safety concerns.
[Amended 5-15-2024 by Ord. No. 4293]
(2)
Prior to approval of any fence on or near a corner
property, the Traffic Safety Unit shall review the request to determine
whether the proposed fence may be subject to damage in the event of
a vehicular accident.
(3)
The Public Works Department shall review and approve
any proposed fence to determine whether it would interfere with any
of the Township's Public Works operations.
(5)
When granted a waiver for a fence, the applicant and
property owner shall agree in a covenant running with the land and
approved by the Township Solicitor to:
(a)
Indemnify the Township and hold it harmless
from any and all liability associated with the proposed fence.
(b)
Remove the fence at the property owner's expense
upon the Township's request. The Township may request removal for
any reason, including the need to maintain or install public improvements.
(6)
All proposed fences shall comply with the front yard setback provisions set forth in § 155-3.7 of this Code.
[Amended 2-26-2020 by Ord. No. 4184]
(7)
No portion of a building or building overhang may
project into the right-of-way or the uniform building line.
(8)
Applicant shall obtain a permit from the Township
prior to installing any fence within the right of way or uniform building
line.
[Added 12-18-2002 by Ord. No. 3664]
A.
A permittee or other person who has discontinued use
of all or a portion of its utilities or other facilities in a Township
right-of-way shall notify the Township of such discontinued use and
shall provide the Township with a drawing describing the type and
location of all discontinued utilities and facilities.
B.
A permittee or other person who has discontinued use
of or abandoned utilities or other facilities in a Township right-of-way
shall remove such utilities and facilities if required by the Township
in conjunction with other right-of-way repair, excavation, or construction
work.
[Amended 9-21-1977 by Ord. No. 1802; 8-3-1988 by Ord. No. 3104; 5-15-2024 by Ord. No. 4293]
Any person who shall do or cause any work to
be done or any action to be taken without the permit required by this
article or who shall fail to comply with any of the provisions of
the permit or of this article shall be liable, on conviction thereof,
to a fine or penalty of not less than $25 nor more than $600 for each
offense. Whenever such person shall have been notified by the Director
of Public Works, his or her designated representative, or by the service
of a summons in a prosecution or in any other way that he is committing
a violation of this article, each day in which he shall continue such
violation after notification shall constitute a separate offense,
punishable by a like fine or penalty. Such fines or penalties shall
be collected before any District Justice as like fines or penalties
are now by law collected.
[Added 5-15-2024 by Ord. No. 4293]
Any Lower Merion Township Public Works official and any police
officer are hereby empowered to enforce all provisions of this article
and to write citations for any violations.
