[Adopted 12-16-2004 by Ord. No. 2004-2]
This article shall be known and may be cited
as the "Hellam Township Road Construction, Improvement, and Restoration
Ordinance."
The Board of Supervisors recognizes that the
rights-of-way of Hellam Township provide essential access to the residents
of the Township and the traveling public, and that the Township has
worked diligently to maintain said rights-of-way in good repair. Further,
it is recognized that the design and construction of infrastructure
within these rights-of-way must be held to a reasonable standard in
order to help ensure the long-term maintenance and durability of infrastructure.
And finally, it is recognized that uniform procedures and regulations
are needed for the dedication by developers and acceptance by the
Township of constructed improvements.
This article is adopted pursuant to Article
XXIII of the Second Class Township Code (P.L. 350 No. 60).
Certain documents, being marked and designated
as Pennsylvania Department of Transportation, Publication 408; Roadway
Construction Standards (RC Standards); Publication 203 - Work
Zone Traffic Control, PA Code, Title 67, Chapters 441 and 459, are
hereby adopted as the design and construction specifications of the
Township and each and all of the regulations contained in said document
are hereby adopted by the Township except as may be modified from
time to time by resolution of the Township in accordance with this
article. In the event these specifications can be construed to encumber
the Township with responsibility for supply of materials or work,
the specifications are modified to make this the responsibility of
the applicant. It is the intent of the Board to adopt all subsequent
amendments and revisions to the said documents. If such an intent
is found invalid by a court of competent jurisdiction, it is the intent
of the Board to adopt the said chapters as they existed on the effective
date of this article.
It shall be unlawful for any entity to open
or make any excavation of any kind in any right-of-way of the Township
without first securing a permit therefore in accordance with Township
regulations. The obtaining of said permit for work constructed by
the Township Highway Department is hereby waived.
A. All permit applications shall be on the forms prescribed
by the Township, and all design drawings associated with the permit
application shall clearly and legibly demonstrate compliance with
those applicable provisions of the most recently amended Hellam Township
Subdivision and Land Development Ordinance (SALDO), Hellam Township Stormwater Management Ordinance, and this article (including the referenced documents described in §
422-15.)
B. All permit applications must be submitted in duplicate
to the Township and include all information and documentation as required
by this article. If revisions to plans are to be considered by Township,
they must include a written response to the Township's review comments,
and include a complete set of drawings.
C. All permit applications must include an insurance
certificate proving the applicant has general liability insurance
in an amount not less than $1,000,000 USD per occurrence. Said insurance
certificate must provide for a thirty-day written notice to the Township
of cancellation.
D. The Township shall review the permit application and
determine if it meets the standards of this article within 14 days
of the filing of the permit application. Said determination shall
be communicated to the applicant within 21 days of the filing of the
permit application.
E. In the event of an emergency, a permit application
must be filed within five business days following the emergency street
opening, and the permit shall be retroactive to the date when the
work began. Emergencies do not relieve the applicant from following
the construction standards enumerated in this article. Further, the
scope of the work described and completed in association with the
emergency shall be limited to that work necessary to satisfy the emergency.
Any entity performing work associated with an emergency shall notify
the Township Police Department prior to commencing the emergency work.
F. The Board may, by resolution, establish a fee schedule
and collect fees to cover the Township's actual costs of administering
this article. Required fees must accompany the permit application.
G. Each permit application shall include a performance
bond as required by this article.
From time to time, the Township may revise the design and construction standards as cited in §
422-15, through adoption of supplemental requirements, by resolution.
To guarantee satisfactory construction, restoration, and installation of the infrastructure, the applicant shall provide a performance bond, irrevocable letter of credit, or cash equivalent in the amount of 110% of the estimated construction cost. The estimated construction cost shall be estimated by the applicant and concurred to by the Township. When the proposed work is not governed by the bonding requirements of Chapter
430, Subdivision and Land Development, or Chapter
415, Stormwater Management, the Township may waive the Bond requirement when it finds that the proposed improvement will have negligible effect on the integrity of the infrastructure within the Township's right-of-way. In the event the Township and the applicant can not reach agreement on the amount of the bond, then the procedures for resolution of such a dispute as contained in the Pennsylvania Municipalities Planning Code shall govern and be followed. Bonding shall include, as a minimum, the costs for materials and installation, compaction, compaction testing, restoration, as-built drawings, survey, and construction inspection.
Blasting within Township right-of-way is prohibited.
Blasting for the construction of infrastructure associated with proposed
development where the development plans indicate the intent to offer
dedication of right-of-way to the Township is prohibited.
All infrastructure shall be constructed in strict
accordance with the approved permit. A copy of the approved permit
and associated design drawings shall be kept at all times on the construction
site. Notwithstanding the provisions of this section, the Township
reserves the right to approve changes during construction. All permit
changes shall be documented in writing.
A. The applicant shall schedule a preconstruction conference
with the Township a minimum of two working days prior to start of
construction. The applicant shall provide the contact information
of one point of contact in responsible charge of the work.
B. The Township reserves the right to inspect the work.
Inspection of the work does not constitute acceptance of the work
during construction or obligate the Township to accept dedication
of the infrastructure. The applicant shall pay for the Township's
costs related to inspection of the work.
C. Prior to placement of any stone subbase, the subgrade
shall be tested by standard proctor and shown to achieve a 95% compaction.
After placement of stone subbase, the applicant shall proof-roll the
area with a fully loaded tandem dump truck. All areas of deflection
shall be over excavated, filled with coarse aggregate in six-inch
lifts and fully compacted. These areas shall again be proof-rolled.
In the event proof-rolling is not appropriate, such as in certain
trench excavations, nuclear density testing shall be used.
D. The applicant shall provide the Township with copies
of all testing results and material certificates. All work shall be
of first-class quality free of any and all defects.
E. When the
Township grants the permit, the Board of Supervisors or its agents
shall inspect the work authorized by the permit upon the completion
thereof and, when necessary, enforce compliance with the conditions,
restrictions and regulations specified by the Township. In addition
to that inspection, the Board of Supervisors or its agents may reinspect
the work not more than two years after its completion, and if any
settlement of the road surface or other defect appears in the work
contrary to the conditions, restrictions and regulations of the Township,
it may enforce compliance therewith. If the applicant fails to rectify
a defect which presents an immediate or imminent safety or health
problem within 48 hours or any other defect within 60 days after written
notice from the Board of Supervisors to do so, the Board of Supervisors
or its agents may do the work and impose upon the applicant the cost
thereof, together with an additional 20% of the cost, which may be
recovered by an action in assumpsit in the court of common pleas of
the county.
Within 30 days of completion of construction,
and prior to any offer of dedication, the applicant shall submit one
Mylar as-built drawing and one digital file in AutoCAD format of the
constructed facilities which accurately depict the constructed infrastructure
and is legible in every detail. All as-built drawings shall accurately
describe the vertical elevations of drainage facilities, including
invert elevations, and show limits of embankments, easement and right-of-way
locations. In cases where grading is critical (detention ponds, for
instance), contours must be shown.
A. The applicant may offer infrastructure for dedication, pursuant to §
430-22 of Chapter
430, Subdivision and Land Development, once 90% of the lots have been issued certificates of occupancy, and once all defective items have been corrected to the standards of this article. The Township Board of Supervisors shall act on offers of dedication, from March 1 through September 30.
B. All offers of dedication shall include a deed of dedication
and a plan drawing showing the metes and bounds of the dedicated right-of-way.
C. The applicant shall reimburse the Township for all
costs associated with the review and processing of the offer of dedication.
D. All offers of dedication shall include a maintenance
bond for a minimum term of 18 months in accordance the MPC.
E. It shall be the applicant's responsibility to record
the deed of dedication at the York County Courthouse, and provide
the Township with proof of recordation. The applicant shall remain
responsible for the maintenance of the infrastructure until the deed
of dedication is recorded.
Any person who violates or permits the violation
of any provision of this article shall be liable upon summary conviction
therefor to fines and penalties payable to the Township of not more
than $1,000 plus all costs of prosecution, which fines and penalties
may be collected as provided by law, and in default of payment thereof,
imprisonment for a term not to exceed 90 days. All fines and penalties
collected for violation of this article shall be paid to the Township
Treasurer. Each day that a violation continues and each section of
this article which is violated constitutes a separate violation.
In addition to the other remedies provided by
law, the Township may commence any appropriate action or proceedings
in equity to prevent such unlawful construction or other violations
of this article.
Appeals from any action under this article shall
be made in writing to the Board of Supervisors within 15 days from
the date of the initiation of the action. All appeals shall be accompanied
by the appeal fee established by resolution or ordinance of the Board
of Supervisors.
A. The written appeal shall specify the precise action
from which the appeal is taken and shall set forth in concise terms
the reason for the appeal and any legal authorities supporting the
appeal period.
B. If the appellant desires a hearing before the Board,
the appellant must request a hearing in the written appeal.
C. If a hearing is requested in writing, the Board shall
conduct the hearing at a regular or special public meeting which occurs
not less than 30 days after receipt of the written appeal. The hearing
shall be conducted in accordance with the provisions of the Local
Agency Law, 2 Pa.C.S.A. § 551 et seq.
D. The Board shall render a decision on the appeal in
accordance with the provisions of the Local Agency Law.
Except as otherwise required by law, this article
is intended as a continuation of, and not a repeal of, existing regulations
governing the subject matter. To the extent that this article restates
regulations contained in ordinances previously enacted by the Board
of Supervisors, this article shall be considered a restatement and
not a repeal of such regulations. It is the specific intent of the
Board that all provisions of this article shall be considered in full
force and effect as of the date such regulations were initially enacted.
All other ordinances, parts of ordinances or parts of resolutions
inconsistent herewith shall be and the same expressly are repealed,
to the extent of the inconsistency therewith.