Township of Middle Smithfield, PA Article III Permit Procedures

§ 102-10 Permits required.

A. All driveways, street entrances or drainage facilities or structures proposed to be constructed or altered within the Township road right-of-way and any drainage facility of the Township proposed to be altered or connected onto shall require a driveway permit from Middle Smithfield Township.

B. Permit application procedures. Application for a permit to construct or alter (resurface, revise drainage pattern, etc.) a driveway or street access entrance or to alter or connect onto any Township drainage facility shall be made to the Township by the property owner(s) or by a person who is an authorized agent of the owner(s).

C. Authorized agent requirements. An authorized agent must have written authorization to act in behalf of the property owner(s), signed by the owner(s), with signature(s) witnessed and notarized.

§ 102-11 Permit application requirements.

All permit applications shall be on forms provided by the Township[1] and shall contain and/or be accompanied by the information and documents listed below.

A. Single/two-family residential driveways.

(1) Driveway location in relation to side property lines.

(2) Township road right-of-way line.

(3) All related Township road facilities (pavement, shoulders, culverts, ditches, etc.).

(4) Sight distances along the Township road.

(5) Type of surface proposed.

(6) Grade of driveway within the Township road right-of-way.

(7) All drainage facilities proposed (culverts, ditches, swales, endwalls, etc.).

B. Multifamily residential and commercial driveways.

(1) Driveway plan. A plan which illustrates, as a minimum, the following, including dimensions where applicable:

(a) Driveway location in relation to side property lines.

(b) Township road right-of-way line.

(c) All related Township road facilities (pavement, shoulders, culverts, etc.).

(d) Sight distances along the Township road.

(e) Details of entrance access approach.

(f) Design features of existing and proposed driveways, including but not limited to the following:

[1] Driveway width.

[2] Driveway radii and other points of curvature.

[3] Driveway grades and profile view of center line of driveway.

[4] Driveway angle relative to the Township road.

[5] Driveway surface material.

[6] Location of all traffic control signs and devices.

(g) Distance from each existing and proposed driveway to the following:

[1] Nearest intersecting street.

[2] All driveways within 200 feet on the same property or on adjacent properties.

[3] Intersecting streets or driveways opposite the site that are within 200 feet.

(h) Sight distance in each direction from each proposed driveway.

(2) Drainage plan. If it can reasonably be anticipated that there will be an increase in the flow of water onto the Township road or into Township drainage facilities as a result of action by the applicant or that there will be an increase in the flow of water onto the property of some other person as a result of action authorized by the permit, a drainage control plan containing at least the following information shall be submitted with the application:

(a) Source of stormwater runoff.

(b) Existing peak runoff in cubic feet per second.

(c) Predicted peak runoff in cubic feet per second.

(d) Where drainage currently flows.

(e) Where drainage ultimately outlets.

(f) Hydraulic computations showing effect of additional flow on existing Township road drainage system.

(3) Drainage release. If it can be reasonably anticipated that there will be an increase in the flow of stormwater runoff onto the property of some other person as a result of action authorized by the permit, a drainage release that contains an indemnification agreement acceptable to the Township shall be submitted with the application.

C. Authority to reject application. The Township will examine and determine the genuineness, regularity and legality of every application and may reject any application if not satisfied of its genuineness, regularity or legality or the truth of any statement contained in the application. The Township may also require such additional information as it deems necessary.

D. Penalty for falsifying application. Information provided in applications must be accurate. Section 4904 of the Crimes Code (18 Pa.C.S.A. § 4904) makes it a misdemeanor for a person to mislead a public servant in performing an official function by making any written false statements which the person does not believe to be true.

[1] Editor's Note: The application form for a driveway permit is included at the end of this chapter.

§ 102-12 Issuance of permits.

Upon application duly made in accordance with this article, a permit will be issued by the Township, subject to Article IV and the conditions contained on the permit and its attachments and supplements. The permit will be the authority of the applicant to proceed with the work; however, use of the driveway is not authorized at this time.

A. Permit issued only to the property owner.

(1) Permits will be issued only to the owner of the property.

(2) Permits will not be issued to contractors of the property owner nor to any person other than the owner of the property subject to § 102-10C (authorized agent).

B. Permit requiring agreement. Where the applicant will be required to perform a substantial amount of work, the Township may require the applicant to execute a construction agreement as a prerequisite to issuance of the permit.

C. Waiver of design requirements. If any of the design requirements set forth in Article IV cannot be met, the Township may waive the requirement if the following conditions are satisfied:

(1) No other reasonable access is available.

(2) The applicant has done all that can reasonably be done to satisfy the design requirements.

(3) If additional land is required, the applicant provides satisfactory evidence that it cannot be purchased at a reasonable price.

(4) No traffic problem will be created.

(5) The applicant executes an indemnity agreement satisfactory to the Township.

D. Requesting permit time extension. A permit shall be valid for a six-month period or multiples thereof as specified on the permit.

(1) If the permittee has not completed all authorized work by the completion date specified on the permit, an application may be submitted requesting a time extension, and if approved, a supplement may be issued by the Township authorizing work to continue for an additional six-month period.

(2) If the permit is allowed to expire prior to the authorized work being completed and notice of completion given to the Township, a new permit application in accordance with § 102-12 of this article will be required.

E. Work completion notification.

(1) When all permitted work has been completed, the permittee shall notify the Township in writing.

(2) Upon receipt of the work completion notice, the Township shall inspect the permit site, and if all work has been completed as required, the Roadmaster will sign the use authorization section of the permit.

§ 102-13 General conditions.

The following conditions shall apply to permits issued under the provisions of this article.

A. Scope of permit. The permit shall be binding upon the permittee, its agents, contractors, successors and assigns.

(1) The permittee shall be responsible for causing compliance with all terms and conditions of the permit by its employees, agents and contractors.

(2) The permit shall be located at the work site and shall be available for inspection by any representative of the Township.

(3) The permit shall be maintained by the permittee as a permanent record and remain in effect, subject to the permit conditions and this article as long as the driveway or the facility authorized by the permit exists.

(4) Responsibility for compliance with the terms of the permit cannot be assigned or transferred by the permittee without first obtaining approval from the Township.

(5) The permittee shall be principally liable to the Township for any failure to comply with the permit and this article. The principal liability of the permittee to the Township shall not preclude the Township from bringing any action against the permittee's contractor, subcontractor or any other person.

(6) The permittee shall be the only party in interest in any action against the Township involving disputes arising from the permit.

(7) A permit shall be valid only as long as the use of the driveway does not change the approved driveway classification in this article (relating to driveway design requirements).

(8) The Township, in granting a permit, will waive none of its powers or rights to require the future change in operation, removal, relocation or proper maintenance of any access within Township road right-of-way.

B. Additional restrictions. All work authorized by the permit shall be subject to the following:

(1) All applicable laws, rules and regulations, including but not limited to the following:

(a) Act of October 26, 1972 (P.L. 1017, No. 247) (53 P.S. § 1611), concerning environmental control measures related to pollution and the preservation of public natural resources.

(b) Act of December 10, 1974 (P.L. 852, No. 287) (73 P.S. §§ 176 through 182), concerning protection of the public health and safety by preventing excavation or demolition work from damaging underground utility facilities.

(c) Occupational Safety and Health Administration (OSHA) construction safety and health regulations, 39 Fed. Reg. 22801 (June 24, 1974) and 29 CFR 21 and 23 CFR 230.101 et seq.

(2) The rights of any person.

(3) The conditions, restrictions and provisions of the permit.

C. Permittee responsibilities. Permittee responsibilities shall be as follows:

(1) The permittee shall pay all fees, costs and expenses incident to or arising from the project, including the cost of related Township road improvements which increased traffic or surface drainage may necessitate. The permittee shall reimburse the Township within 30 days after receipt of the Township's invoice.

(2) In the event of failure or neglect by the permittee to perform and comply with the permit or the provisions of Article IV, the Township may immediately revoke and annul the permit and order and direct the permittee to remove any or all structures, equipment or property belonging to the permittee or its contractors from the legal limits of the right-of-way and to restore said right-of-way to its former condition. Should the Township determine that such structures, equipment or property pose a threat to the public safety and the permittee fails to remove the same after notice from the Township to do so, the Township or its attorney shall be authorized to appear for the permittee and to enter an amicable action of ejectment and confess judgment against the permittee, and the attorney shall be authorized to issue forthwith a writ of possession without leave of court, all at the cost of the permittee.

(3) If the work is stopped on a project for any reason and any ditch or trench, in the opinion of the Township, remains open for an unreasonable period, the permittee, if so directed, shall refill the ditch or trench and work shall not be resumed until authorized by the Township. In the event that the permittee fails to refill the ditch or trench or proceed to completion of the work upon notice from the Township to do so, the Township may perform the necessary work and shall be reimbursed for all costs by the permittee within 30 days after receipt of the Township's invoice.

(4) If the permittee, after making an opening in the surface to place or repair a drainage facility or for any other purpose, fails to restore any portion of the right-of-way to conform with Township specifications upon notice from the Township to do so, the Township may perform the work and the permittee shall reimburse the Township for the costs within 30 days after receipt of the Township's invoice.

D. Restoration of slopes. All disturbed slopes or earthen areas shall be restored to their original condition or in a manner approved by the Township.

E. Altering drainage prohibited. Unless specifically authorized by the permit, the permittee shall not:

(1) Alter the existing drainage pattern or the existing flow of stormwater runoff.

(2) Direct additional stormwater runoff onto or into the Township right-of-way or road facilities in a way which would have a detrimental effect on the roadway or roadway facilities.

F. Disposition of materials. Disposition of material shall comply with the following:

(1) The permittee shall keep the improved area free of all material which may be deposited by vehicles traveling upon or entering onto the Township road during the performance of work authorized by the permit.

(2) The permittee shall be responsible for controlling dust conditions created by its operations.

(3) All excess material and material that is not suitable for backfill shall be removed and disposed of outside the right-of-way as the work progresses.

(4) All retained suitable material shall be placed or stored outside the improved area and in such a manner that there will be no interference with the flow of water in any gutter, drain, pipe, culvert, ditch or waterway.

G. Equipment damaging Township road. If equipment damages the pavement or shoulders the permittee shall restore the pavement or shoulders to their former condition at his own expense.

H. Restoration. All disturbed portions of the Township roadway, including slopes and all appurtenances and structures such as guide rail (includes providing appropriate end treatments on guide rail systems where existing guide rail is being broken by the driveway) or drain pipes shall be restored by the permittee to a condition at least equal to that which existed before the start of any work authorized by the permit.

I. Approval by Township. Approval by a designated officer of the Township of all or any part of any permitted work shall not constitute acknowledgement that the work was performed in accordance with the permit, nor shall such approval by the designated officer act as a release of the permittee or waiver by the Township of its right to seek performance or restitution by the permittee.

[Amended 4-9-2002 by Ord. No. 111]

J. Maintenance. All driveways and adjacent areas within the Township road right-of-way shall be continuously maintained by the property owner so as to conform to the permit and so as not to interfere or be inconsistent with the design, maintenance and drainage of the Township roadway or the safe and convenient passage of traffic upon the said roadway.

K. Indemnification. The permittee shall fully indemnify and save harmless and defend the Township, its agents and employees of and from all liability for damages or injury occurring to any person or persons or property through or in consequence of any act or omission of any contractor, agent, servant, employee or person engaged or employed in, about or upon the work, by, at the instance or with the approval or consent of the permittee, from any failure of the permittee or any such person to comply with the permit or this article and, for a period of two years after completion of the permitted work, from the failure of the Township roadway in the immediate area of the work performed under the permit where there is no similar failure of the roadway beyond the area adjacent to the area of the permitted work.

L. Insurance. The permittee shall, when requested by the Township, submit to the Township Secretary a certificate or certificates of insurance for public liability and property damage, in form and amount satisfactory to the Township, to cover any loss that may be incurred for or on account of any matter, cause or thing arising out of the permitted construction.

M. Damage to Township road. Restoration of Township road shall include the following:

(1) If there is a failure of the roadway, including slope or any other appurtenance thereto, in the immediate area of the permitted work within two years after the completion of the permitted work and there is no similar failure of the roadway beyond the area adjacent to the area of the permitted work, the permittee shall have absolute responsibility to make all temporary and permanent restoration including restoration of the adjacent area if it has also failed.

(2) If there is a failure of the roadway, including slope or any other appurtenance thereto, in the area adjacent to the immediate area of the permitted work within two years after completion of the permitted work and there is no similar failure of the roadway in the area of the permitted work or beyond the area adjacent to the area of the permitted work, it shall be presumed that the work done by the permittee was the proximate cause of the failure, and the permittee shall be responsible to make all temporary and permanent restoration unless the presumption is rebutted by clear and convincing evidence.