[Adopted 1-21-1986 by Ord. No. 91]
This article shall be known and may be stated as the "Road and Street Ordinance of the Township of Bern."
These regulations are for the purpose of assuring the proper construction of roads and streets within the Township and to provide for the development of proper traffic distribution throughout the Township, thereby creating conditions favorable to the health, safety, morals and general welfare of the citizens.
A. 
The construction of streets in the Township of Bern shall be done in conformity with the specifications, regulations and provisions set forth in this article, together with the standard drawings and standard specifications for developers made a part hereof (Drawing No. 2119-J-3 and Table 1).
B. 
In the case of new roads within subdivisions and land developments, all roads and streets shall be constructed in accordance with the provisions of the Chapter 154, Subdivision of Land, as may from time to time be in effect and the further requirements of this article.
C. 
All work done pursuant to the provisions of this article shall be inspected by the Township Engineer.
D. 
The design of all streets constructed shall be in accordance with the guidelines and requirements for Design of Local Roads and Streets contained in PennDOT Design Manual, Part 2, Highway Design, latest revision.
E. 
Lines and grades shall be as approved on recorded plans of subdivisions or other plans as may be approved by the Township Engineer. The costs for establishing such lines and grades shall be paid by the subdivider or as provided for by the Second Class Township Code.[1]
[1]
Editor's Note: See 53 P.S. § 65101 et seq.
F. 
All components of the pavement structure and methods of application shall be in accordance with PennDOT specifications, Publication 408, latest revision.
G. 
All adjacent structures and areas disturbed or damaged during street or road construction shall be properly repaired by the party causing said damage.
H. 
In the case where the Township Engineer finds that the ground condition and/or rock condition beneath a street provides sufficient stability so that part or all of the subbase requirements may be waived, modified or changed and still comply with generally recognized, sound engineering principles after appropriate tests have been taken, subbase requirements may be so waived, modified or changed by the Township Engineer, in accordance with Subsection L(3) of this section.
I. 
Clearing and grubbing. All trees, roots, stumps, brush, down timber, rotten wood, rubbish and any other objectionable material shall be removed from the site and shall include the removal of any obstruction interfering with the proposed road construction for the full right-of-way width or as approved by the Township Engineer.
J. 
Subgrade.
(1) 
Subgrade shall be prepared to accommodate the placement of the pavement structure and shoulders or gutters in accordance with PennDOT specifications and within reasonably close conformity to the lines, grades and widths shown on the drawings and cross-sections or otherwise directed.
(2) 
Subgrade shall be graded to the elevation and cross section required with suitable soil or granular material, compacted to the required density.
(3) 
In cases where the required density or stability cannot be obtained, the material in the area shall be excavated to a depth that, when replaced and recompacted at a moisture content not exceeding optimum, the subgrade will have the required stability.
(4) 
The subgrade shall be properly prepared to receive the subbase.
K. 
Scarifying of existing roadway surfaces. Where the surface of an existing nonskid roadway conforms approximately to the proposed subgrade elevation, or where an embankment less than nine inches in depth is to be made over such roadway, the surface of the old roadway shall be scarified to a depth of not less than four inches to permit satisfactory reshaping, binding and compaction of the subgrade.
L. 
Subbase.
(1) 
This work shall consist of constructing a layer or layers of aggregate on a prepared area in accordance with PennDOT Publication 408, Section 350, latest revision.
(2) 
The aggregate shall be stone, gravel or slag meeting the requirements of PennDOT Type C or better, No. 2A material or approved equal.
(3) 
For subgrades having a CBR (California Bearing Ratio) of 15 or greater, the Township Supervisors may allow the subbase requirement to be waived at the time of plan approval, subject to the following conditions:
(a) 
The CBR test(s) must be representative of the roadway subgrade. The number of test samples and their location, as well as the soil testing laboratory to do the tests, shall be subject to approval by the Township Engineer.
(b) 
If, at the time of construction, local unstable subgrade conditions are encountered, the Township Engineer may require that all areas of unstable subgrade be excavated to sufficient depth, replaced with approved material and compacted to a density and stability equal to or greater than the surrounding subgrade.
M. 
Base courses.
(1) 
Base courses shall consist of one or more layers of materials conforming to the requirements of one or more of the following sections of PennDOT Publication 408, latest revision:
(a) 
Section 305, Bituminous concrete base course.
(b) 
Section 310 (seldom used specifications), Crushed aggregate base course.
(c) 
Section 312 (seldom used specifications), Crushed aggregate base course, Type DG.
(d) 
Section 320, Aggregate, bituminous base course.
(2) 
Notwithstanding any provisions of this article, a special base course design may be approved by the Township Engineer, provided that the design provides a structural number equal to or greater than the appropriate base course listed in the attached Minimum Street Construction Standards.[2] Special complete roadway designs may also be submitted for approval by the Township Engineer, provided that the design provides a structural number equal to or greater than the Minimum Structural Number listed in the Minimum Street Construction Standards chart.
[2]
Editor's Note: The Minimum Street Construction Standards are included as Table 1 at the end of this chapter.
(3) 
Base course(s) will be placed in layers, as is more fully described in Publication 408, latest revision, for each specific design.
(4) 
All subbase(s) shall be properly prepared and primed as may be required for base course placement according to Publication 408, latest revision.
(5) 
Base course(s) shall be properly prepared and primed as may be required to receive subsequent courses.
N. 
A binder course shall be applied where required in accordance with Publication 408, latest revision.
O. 
Bituminous pavements.
(1) 
Bituminous pavements shall consist of one or more courses of bituminous mixture constructed on the prepared foundation in accordance with Publication 408, Section 400, latest revision, and the specific requirements of the type of pavement as may be approved by the Township Engineer.
(2) 
Bituminous surface course asphaltic materials shall conform to the requirements specified in the PennDOT Specifications for Bituminous Materials, Bulletin No. 25, latest revision.
(a) 
Asphalt cement AC-20.
(b) 
Asphalt Emulsion Class E-3, E-4, E-5, E-6, E-11.
(3) 
Aggregates, coarse and fine, for binder course shall be made from stone, gravel or slag unless otherwise approved and shall meet the quality requirements for Type A stone, Type A slag and Type A gravel. Fine aggregate shall be natural or manufactured sand composed of clean, hard, durable, uncoated particles free from lumps of clay and organic material. The fine aggregates used may be natural sand, stone sand, gravel sand, slag sand or any combination thereof, meeting gradation requirements in Table A, Section 703, PennDOT, Publication 408, latest revision. The coarse aggregate shall also meet the grading requirements indicated above.
(4) 
Surface courses. The fine aggregate for surface courses shall be natural sand, snuff sand, slag sand, manufactured sand or sand of other approved rock or igneous origin prepared from Type A stone, composed of clean, hard, durable, uncoated inert particles reasonably free from lumps of clay, silt, vegetation, or other deleterious substances, meeting gradation requirements of Table B, Section 703, PennDOT, Publication 408, latest revision.
(5) 
Filler for surface course shall consist of Portland cement, fly ash or dust reasonably free of clay prepared from crushed stone and shall meet the gradation for filler requirements as required in Table B, Section 703, PennDOT, Publication 408, latest revision.
(6) 
For Class ID-2 Bituminous Surface Course, the asphaltic materials shall conform to the requirements specified in PennDOT Bulletin No. 25, latest revision. Asphalt cement Class AC-20 shall have a penetration range of 60 to 70.
(7) 
The fine aggregate, coarse aggregate and filler shall meet the requirements specified in Section 703.1, 703.2 and 703.1(c)l, respectively, latest revision.
(8) 
Surface and binder courses shall be compacted by use of approved type power rollers which shall be three-wheel rollers or two-wheel rollers, in either case having a metal weight of not less than 10 tons, pneumatic-tired rollers may be used with the approval of the Township Engineer, provided that they have an operating weight of not less than 1,000 pounds per tire. Locations inaccessible to rollers shall be compacted by hot iron tampers or other compaction equipment approved by the Township Engineer.
(9) 
Before binder or surface course is laid adjacent to concrete curbs or other rigid structures, they shall be painted with an asphalt cement Class AC-20 as directed by the Township Engineer.
P. 
Shoulders.
(1) 
This work shall consist of constructing supporting shoulders on the sides of all roads and streets within the Township where curbing shall not otherwise be required.
(2) 
Shoulders shall be constructed as required by Chapter 154, Subdivision of Land, and shall be PennDOT Type 3 paved shoulders as in Publication 408, Section 653, latest revision. Additional shoulder designs may be approved by the Township Engineer where deemed necessary.
Notwithstanding anything hereinabove set forth in this article, whenever the provisions of this article shall be inconsistent with the provisions of the Subdivision and Land Development Ordinance of the Township of Bern, as from time to time are in effect, and the provisions of said latter ordinance are more restrictive or contain more stringent requirements than are set forth in this article, then, in such event, the provisions of said Subdivision and Land Development Ordinance shall prevail and be applicable.
[Added 3-5-2002 by Ord. No. 195-2002]
Any person who violates or permits a violation of this article, upon being found liable therefor in a civil enforcement proceeding, shall pay a fine of not more than $600, plus all court costs, including reasonable attorney's fees, incurred by the Township in the enforcement of this article. No judgment shall be imposed until the date of the determination of the violation by the District Justice and/or Court. If the defendant neither pays nor timely appeals the judgment, the Township may enforce the judgment pursuant to the applicable Rules of Civil Procedure. Each day a violation exists shall constitute a separate offense. Further, the appropriate officers or agents of the Township are hereby authorized to seek equitable relief, including injunction, to enforce compliance herewith.