In order to establish uniform requirements for
the construction, surface treatment and maintenance of roads in the
Township of Pine and in order to advise all developers of real estate
situate within the Township of Pine and all persons using property
within a Township right-of-way of said requirements, the Board of
Supervisors of the Township of Pine adopts this article.
No person shall construct, open or dedicate
any road for public use or travel in the Township of Pine, or any
drainage facilities in connection therewith, without first applying
to the Township for a road and paving permit. The applicant shall
submit, in triplicate, plans of the proposed road, prepared by a civil
engineer, licensed in Pennsylvania, to the Township Manager. Such
plans shall be prepared according to the following provisions:
A.
All such plans shall show all lots or parcels of land
adjoining or served by the roads in such plans.
B.
All such plans shall include a topographical survey
of the land or the lots served by said roads, a grade line profile
of the center line of the existing ground over which the proposed
road will be constructed and the proposed grade line to be established
for such road.
C.
All such plans shall include a proposed system or
method of draining the road and the waters flowing onto or collecting
in and around said roads; the proposed drainage system, the course,
structure and capacity of any drainage facilities and the method of
draining adjacent or contiguous territory; the watercourses, if any,
existing and any drainage ditches to be made; and the location of
every bridge, culvert, cross-drain, drop inlet and the like shall
be shown on the plan. The method of utilizing existing watercourses
or the method of connecting into other drainage facilities shall also
be shown.
D.
The plans shall include rights-of-way at least 20
feet wide for the drainage of surface water and for the location of
storm sewers, sanitary sewers, water, gas or electric lines and for
other public and semipublic utilities and services; all such rights-of-way
shall be designated upon the plan as "easement for utilities and drainage,"
or by some other comparable language, subject to the approval of the
Township Solicitor.
E.
All plans shall include sufficient monuments to be
placed at locations which will enable the Township to survey, find
and locate or relocate road lines or right-of-way lines. The monuments
shall be of such size, shape and design as the Township Engineer shall
specify; all such monuments shall be shown upon the plan as it is
prepared for recording in the Recorder's office of Allegheny County.
Upon receipt of any application for a road and paving permit and plans conforming to the provisions of § 72-31 of this article, along with the fee required by § 72-39 of this article, the Township Manager shall immediately forward one copy of the plans to the Township Engineer, one copy to the Planning Commission and one copy to the Board of Supervisors. The Township Manager shall maintain a checklist for each application in order to make sure that all filings, fees, official actions and procedures are properly and timely performed. He shall report any improper or untimely acts or omissions to the Board of Supervisors.
Within 20 days of the receipt of the plans from
the Township Manager, the Township Engineer shall evaluate the plans
and shall submit, to the Board of Supervisors, his estimate of the
total cost of construction of any roads in the plan. The Township
Engineer shall also send to the Board of Supervisors a written report
recommending approval, disapproval, modifications or other conditions
of approval.
At its next regular meeting after receipt from
the Township Manager, the Planning Commission shall review said plans
and, within 10 days thereafter, shall certify in writing to the Board
of Supervisors that said plans comply with all Township ordinances
and regulations and any preliminary or final subdivision plans relating
thereto.
At the next regular meeting after receipt of
the reports of the Township Engineer and Planning Commission, the
Board of Supervisors shall review the plans and shall approve, modify,
conditionally approve or disapprove the same. The Board of Supervisors
shall mail its decision, along with the reasons therefor, to the Township
Engineer, the Zoning Officer and the applicant. If the Board of Supervisors
modifies, conditionally approves or disapproves said plans, the written
notification shall specifically state whether the applicant is required
or permitted to submit revised plans. The notice to the Township Engineer
and Zoning Officer shall specify whether a road and paving permit
should issue and the conditions therefor.
The Zoning Officer shall not issue any road
and paving permit until the applicant has furnished to the Board of
Supervisors a bond with suitable requirements, guaranteeing performance
of the construction of the road, with corporate surety, or other security
approved by the Township Solicitor, in the amount of 100% of the cost
of construction of any roads in the plan, as determined by the Township
Engineer as hereinbefore provided. Upon issuance of a final certificate
of completion covering all the work done by the applicant under the
permit, this bond shall be released by the Township.
The Zoning Officer shall not issued any road
and paving permit until the applicant has furnished a bond to the
Board of Supervisors with suitable requirements, guaranteeing maintenance
of all roads in the plan for a period of 18 months, with corporate
surety, or other security approved by the Township Solicitor, in the
amount of 15% of the amount of the performance bond described above.
Upon issuance of a certificate of maintenance by the Township Engineer,
as hereinafter provided, the Township shall release this bond.
The condition of the bonds specified in §§ 72-36 and 72-37 of this article shall be that, in the event that the work or maintenance done under the permit shall not be performed in accordance with the terms of this article or any special conditions imposed by the Board of Supervisors, the Township may elect to cure any deficiencies at the expense of the applicant, in which event the proceeds of the bonds shall be due and payable to the Township. If the proceeds of the bonds shall be insufficient to cover the Township's expenses of curing such deficiencies, the applicant shall forthwith pay to the Township the amount of the difference. Any excess in the proceeds of the bonds over the amount of the expenses to the Township to cure any such deficiency shall be refunded to the applicant.
In order to defray the costs of reviewing and
processing an application for a road and paving permit, the applicant
shall submit a certified check or money order, payable to the Township
of Pine, to the Township Manager at the time of application. The amount
of the fee for such application shall be established by and may be
amended from time to time by resolution of the Township Supervisors.
In order to defray the costs of inspecting the
construction, surfacing and maintenance of the roads in the applicant's
plan, as provided in this article, the applicant shall execute a formal
agreement whereby the applicant shall pay the actual engineering fees
and expenses incurred by the Township as a result of such inspections.
Such formal agreement shall be submitted by the applicant at his own
expense before a road and paving permit is issued and must be approved
as to form by the Township Solicitor. Such formal agreement shall
also include any special conditions or terms required by the Board
of Supervisors. No inspection certificates issued by the Township
Engineer under this article shall become effective until the applicant
has submitted a certified check or money order in the appropriate
amount, payable to the Township of Pine, to the Township Manager.
A.
Before the Township will accept any road as a public
road, it shall be paved to a minimum width of 20 feet and, in addition
thereto, shall have a 24 inch width of integral reinforced curb and
gutter, constructed in accordance with Township standards, placed
on both sides of the paved road.
B.
Before the Township will accept any road as a public
road, there shall be graded berm not less than five feet in width
next to each curb and gutter as specified above.
C.
Concrete catch basins, constructed in accordance with
Township standards, shall be placed on both sides of the paved road
at such intervals as are approved by the Township Engineer. The distance
between catch basins on the same side of a road shall not exceed 300
linear feet on any one continuous slope. The catch basins shall be
connected with proper sized storm sewers and reinforced concrete pipe
to the nearest drainage easement, as approved by the Engineer. Catch
basins shall also be placed at road intersections and at low points
between two rising grades, and under all other conditions necessary
to provide proper drainage. Where culverts are required transferring
surface drainage from one side of the road to the other, a concrete
headwall shall be built on the lower end of the culvert, and a storm
inlet shall be built at the upper end of the culvert in a manner approved
by the Township Engineer.
E.
The base of any Township road shall be constructed
of not less than 10 inches of total compacted thickness of No. 4 slag
or limestone, and installed in accordance with the highest standards
and specifications adopted by the Commonwealth of Pennsylvania for
a minimum width of 20 feet.
F.
Subject to the inspection requirements of this article, upon the completion of the construction of the base as set forth in Subsection E of this article, the surface of such proposed road shall be topped with a minimum of four inches of ID-2 bituminous surface course or better material approved by the Township Engineer, installed in accordance with the then-current specifications of the Commonwealth of Pennsylvania. As an alternative, the surface may be of a minimum of eight inches of reinforced concrete or better material approved by the Township Engineer not less than 20 feet in width, installed in accordance with the then-current specifications of the Commonwealth of Pennsylvania.
The applicant shall fully maintain the condition
of all roads in the applicant's plan for a period of 18 months after
the Supervisor's acceptance of the road as a public road.
The Board of Supervisors shall have the right
to adopt, amend or change any of the road specifications contained
in this article and to adopt such other regulations as in the opinion
of the Board of Supervisors may be necessary to carry into effect
the provisions of this chapter. The Township Engineer shall prepare
a drawing of a typical section of a Township road which reflects all
of the current specifications for the construction and paving of the
same. Such drawing shall be attached to this chapter and shall be
on file in the office of the Township Manager, for inspection by members
of the public during business hours.
The applicant must also comply, where applicable,
with all other Township ordinances and regulations, all regulations
of the Pennsylvania Department of Transportation and the Department
of Environmental Resources and all other federal, state, County and
local laws or ordinances. No permit will be issued until written evidence
of such approvals is submitted to the Township Zoning Officer by the
applicant.
Prior to the paving of any road surface according
to the specifications of this article, the applicant shall give the
Township at least 72 hours' notice, excluding weekends and holidays,
of its intent to proceed with paving. The Township Engineer shall
then immediately inspect the base of all roads in the applicant's
plan; and, if the base conforms to the specifications of this article,
the Township Engineer shall issue a certificate of preliminary inspection
to the applicant. The Township Engineer shall report any deficiencies
in the base of any road to the Board of Supervisors, and all further
construction and paving of the road shall stop.
The applicant shall notify the Township Engineer
upon completion of the construction and surfacing of any road; and,
if the road conforms to the specifications of this article, the Township
Engineer shall issue a certificate of completion to the applicant.
If the Township Engineer finds any deficiencies in the construction
or surfacing of any road, he shall immediately notify the Board of
Supervisors and the applicant, in writing, of such deficiencies.
Eighteen months after the certificate of completion
becomes effective, the Township Engineer shall again inspect all roads
in the applicant's plan, in order to determine whether the roads have
been properly maintained according to the provisions of this article.
If the roads have been properly maintained, the Township Engineer
shall issue a certificate of maintenance to the applicant. If the
roads have not been properly maintained, the Township shall immediately
notify the Board of Supervisors and the applicant, in writing, of
any deficiencies in the maintenance of such roads.
All plans for newly constructed roads within
the Township shall be recorded in the Allegheny County Recorder of
Deeds in the same manner as, or as part of, the recording of a final
plan under the Code of the Township of Pine.[1]
Every road and paving permit shall expire by
limitation and become null and void if the work authorized by such
permit has not been commenced within six months or is not completed
within one year from the date of issue, provided that the Board of
Supervisors may, if the permit holder presents satisfactory evidence
in writing that unusual difficulties have prevented the work from
being started or completed within the specified time limits, grant
a reasonable extension of time and provided, further, that the application
for the extension of time is made before the date of expiration of
the permit.
The Board of Supervisors shall have the power
to revoke any permit or certificate issued according to this article,
upon the written notification by the Township Engineer that the work
covered by the permit or certificate is defective, has not been properly
maintained or has been materially extended or altered without a permit
to do so.
Before such revocation, the Township Engineer
shall first give written notice to the permit or certificate holder,
specifying the defective condition. If the defective condition is
corrected within 30 days of notice, the permit or certificate shall
not be revoked.
No person shall construct, surface, enlarge,
alter, repair or maintain any road within the Township, or cause the
same to be done, contrary to or in violation of any provision of this
article.
When written notice of a violation of any of
the provisions of this chapter has been served by the Township Engineer
on any person, such violation shall be discontinued immediately.
A.
Any person violating any of the provisions of this
article shall be liable, upon conviction thereof, before a District
Justice or other proper judicial officer for a penalty not exceeding
$300 for each and every offense, plus costs of prosecution.
B.
Whenever any person has been notified by the Township
Engineer by service of summons in a prosecution or in any other way
that he is committing a violation of this article, each and every
day that he shall continue such violation after such notification
shall constitute a separate offense punishable by a separate penalty
or imprisonment.
C.
Such fines shall be collected as fines are now by
law collected in the Township. These fines shall be in addition to
any other remedies available to the Township.
