Township of Potter, PA Chapter 177 Streets and Sidewalks

[HISTORY: Adopted by the Board of Supervisors of the Township of Potter as indicated in article histories. Amendments noted where applicable.]

GENERAL REFERENCES

Planning Commission — see Ch. 41.

Floodplain management — See Ch. 96.

Stormwater management — See Ch. 173.

Subdivision and land development. — See Ch. 184.

Zoning — See Ch. 220.

Article I Permits

[Adopted 6-10-1974 by Ord. No. 2-1974 (Ch. 21, Part 1, of the 1998 Code of Ordinances)]

§ 177-1 Permit required.

No railroad or street railway shall hereafter be constructed on or in any Township road nor shall any railroad or street railway crossing nor any gas pipe, water pipe, electric conduits or other piping be laid upon or in nor shall any telephone, telegraph or electric light or power poles or any coal tipples or any other obstructions be erected upon or in any portion of a Township road except under such conditions, restrictions and regulations relating to the installation and maintenance thereof as may be prescribed in permits granted by the Township for such purposes.

§ 177-2 Permit application.

The application for a permit shall be on a form prescribed by the Township and submitted to the Township in triplicate. The application shall be accompanied by a fee in accordance with the schedule of fees set forth by the Department of Transportation for highway occupancy permits and restoration charges. In addition, the applicant shall submit three copies of a sketch showing such dimensions as the location of the intended facility, width of the traveled roadway, right-of-way lines and a dimension to the nearest intersecting street.

§ 177-3 Issuance of permit.

A permit shall be issued to the applicant after all the aforementioned requirements have been filed.

§ 177-4 Written notice.

Upon completion of the work, the applicant shall give written notice thereof to the Township for inspection of same to assure compliance in accordance with this article.

§ 177-5 Inspection and compliance.

Upon completion of the work authorized by the permit, the Township shall inspect the work and, when necessary, enforce compliance with the conditions, restrictions and regulations prescribed by the permit. Where any settlement or defect in the work occurs, if the applicant shall fail to rectify any such settlement or other defect within 60 days after written notice from the Township to do so, the Township may do the work and shall impose upon the applicant the cost thereof, together with an additional 20% of such costs.

§ 177-6 Violations and penalties.

[Amended 8-12-1996 by Ord. No. 3-1996; 3-16-1998 by Ord. No. 2-1998]

Any person, firm or corporation who shall violate any provision of this article, upon conviction thereof in an action brought before a Magisterial District Judge in the manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure, shall be sentenced to pay a fine of not more than $1,000 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 90 days. Each day that a violation of this article continues or each section of this article which shall be found to have been violated shall constitute a separate offense.

Article II Road Design and Construction Standards

[Adopted 3-16-1998 by Ord. No. 2-1998 (Ch. 21, Part 2, of the 1998 Code of Ordinances)]

§ 177-7 Introduction.

A. Authorization and application.

(1) This article is authorized by Section 503 of the Pennsylvania Municipalities Planning Code, 53 P.S. 10503.

(2) The provisions of this article are not intended to interfere with, abrogate or annul other rules, regulations or ordinances, provided that, where this article imposes a greater restriction than that imposed by such other rules, easements, covenants, restrictions, regulations or ordinances, the provisions of this article shall control.

B. Purpose. The purpose of this article is to provide uniform standards and procedures for the layout, design, construction, dedication and maintenance of streets, sidewalks, curbs and driveways within the Township. The word "street," as used in this article, is defined in § 177-18.

C. Requirement for written plans. No person, partnership, association or corporation shall construct, open or dedicate any street, sewer or drainage facilities for public use or for travel in the Township without first submitting plans therefor to the Township for approval, and no street, sewer or drainage facility shall be opened, laid or constructed except in strict accordance with plans approved by the Township Supervisors and the Planning Commission.

D. Plan design standards. Such plans shall be submitted first to the Township Planning Commission. A representative of the applicant shall be present at a regular meeting of the Planning Commission to formally present the plans. After the plans are approved by the Planning Commission, they shall be submitted formally to the Supervisors for review.

§ 177-8 Land requirements.

Land shall be suited to the purpose for which it is being subdivided or developed. In general, the following factors shall be considered, in addition to those required in the Township Zoning Ordinance (Chapter 220) and the Centre County Subdivision and Land Development Ordinance:

A. Hazards to life, health and property. Those areas which are subject to hazards of life, health or property as may arise from fire, flood, disease, geologic movement or considered to be uninhabitable for other reasons shall not be plotted for building purposes unless the hazards have been eliminated or adequate safeguards have been taken to prevent damage from such hazards.

B. Preservation of natural features. In all subdivisions or land developments, care should be taken to preserve natural features such as trees, watercourses, watersheds, views, historic features (including buildings), and topographical continuity.

§ 177-9 Street classification, layout and naming.

This section defines the street classification system and provides a list of all the Township streets and their classifications. Various factors that influence street location and layout are then outlined, including topography, alignment, cuts and fills, number of lanes, pavement widths, rights-of-way, intersections, turnarounds, curbs, sidewalks, bicycle paths and trees.

A. Street classification system.

(1) Streets are classified into four categories: arterial, collector, subcollector and local (see Figure 1). In some ASCE and NAHB publications, there are only three categories: arterial, collector and access. Herein, the access is separated into subcollector and local, allowing the term "access" to mean simply a way of approach or entrance.

(a) An arterial is a high-volume street that should have no residences accessing directly onto it.

(b) Collectors are the principal traffic carriers within residential or commercial areas. Their function is to promote free flow of traffic; parking along a collector should be discouraged.

(c) Subcollectors are relatively low-volume streets which provide frontage and access to adjoining properties, but also carry some through traffic to lower order (local) streets.

(d) Local streets are sometimes called access streets. The local street usually carries no through traffic and includes short streets, culs-de-sac and courts.

(2) The following are special types of streets:

(a) Marginal access streets. Streets which are parallel and adjacent to arterial or limited access streets and which are intended to provide access to abutting properties.

(b) Partial or half streets. Streets generally parallel and adjacent to a property line having a right-of-way width less than the required.

(c) Private or nonpublic streets. All streets which are not public, including, but not limited to, streets maintained by private agreements, by private owners for which no maintenance responsibility has been established, and including all private driveway access easements or rights-of-way for access.

(d) Public streets. Streets ordained or maintained or dedicated and accepted by the Township, the county, the state or the federal government and open to public use.

(3) The average daily traffic (ADT) is an aid in classifying streets. Typical ranges are given below in Table 1.

	Table 1
	Street Classes Based on Traffic Volume
	Class	Usual ADT Range
	Local street	0 to 250
	Subcollector	250 to 1,000
	Collector	1,000 to 3,000
	Arterial	Greater than 3,000

Streets are also classified in various other ways; for example, according to the number of lanes, the location or the agency responsible for maintenance.

	Figure 1. Hierarchy of Streets

B. List of Potter Township Streets.

[Amended 12-12-2005 by Ord. No. 2-2005]

	Potter Township, Centre County
	T-523	Airport Road
	T-450	Ashford Manor Drive
	T-522	Bible Road
	T-410	Black Hawk Road
	T-451	Blarney Lane
	T-631	Bloom Road
	T-606	Boal Gap Road
	T-421	Bradley Road
	T-423	Brian Drive
	T-608	Bubb Road
	T-503	Carriage Lane
	T-425	Charles Street
	T-632	Chestnut Street
	T-611	Church Hill Road
	T-515	Cider Press Road
	T-609	Colyer Road
	T-440	Decker Road
	T-630	Decker Valley Road
	T-612	Dogtown Road
	T-536	Egg Hill Road
	T-431	Emery Road
	T-430	Foust Road
	T-516	Geary Road
	T-519	Goodhart Road
	T-406	Gregg Station Road
	T-502	Hidden Lake Drive
	T-605	High Street
	T-424	Homan Lane
	T-501	Hoot Road
	T-538	Indian Lane
	T-422	Jacks Lane
	T-434	Kreitzer Avenue
	T-604	Lake Road
	T-435	Lane Avenue
	T-614	Lingle Road
	T-633	Lower Georges Valley Road
	T-436	Luse Road
	T-437	Manor Road
	T-517	McCool Road
	T-439	Middle Road
	T-610	Mountain Back Road
	T-504	Neff Road
	T-420	Oakwood Lane
	T-441	Penns Court
	T-607	Polecat Road
	T-438	Pond Lane
	T-613	Race Track Road
	T-518	Red Mill Road
	T-400	Rimmey Road
	T-521	Short Road
	T-537	Shunk Road
	T-524	Sinking Creek Road
	T-411	Strawberry Hill Road
	T-527	Summit Circle
	T-526	Summit Drive
	T-600	Taylor Hill Road
	T-603	Treaster Kettle Road
	T-520	Tucker Road
	T-601	Tussey Sink Road
	T-525	Tusseyville Road
	T-500	Wagner Road
	T-540	Weaver Road
	T-508	Williams Road
	T-442	Wynwood Drive
	T-602	Zerby Road

C. General street layout and naming of streets.

(1) Proposed streets shall be properly related to existing street plans or parts thereof as have been officially adopted by the Township and shall be coordinated with existing or proposed streets in adjoining subdivisions or land developments.

(2) Streets shall conform to the requirements of this article in order to best provide for public safety, efficiency, quality and convenience. They shall be related appropriately to the topography to produce usable lots served by streets of reasonable grade such that all building sites are located as close as possible to the grades of streets.

(3) Streets being offered for dedication must meet PennDOT and Township requirements for liquid fuel allocation.

(4) Proposed streets shall be located such that congestion is minimized and hazardous intersections are avoided. They shall be properly related to official street and/or highway plans or parts thereof as have been officially prepared and adopted by the Township or other applicable plans as have been officially adopted.

(5) Streets located in floodplain or flood-prone areas shall meet the standards of the Township Floodplain Ordinance (Chapter 96).

(6) Local streets shall be laid out to discourage through traffic. However, provision for the extension and continuation of streets into and from adjoining areas may be required. Where a subdivision or land development abuts or contains an existing or proposed arterial street, the Township may require marginal access streets, reverse frontage lots or such other treatment as will provide protection for abutting properties, reduction in the number of intersections and/or curb cuts with an arterial street, the separation of local and through traffic, and the preservation and enhancement of traffic safety on the arterial street.

(7) If lots resulting from the proposed subdivision or land development are large enough to permit resubdivision or if a portion of the tract is not subdivided, adequate street rights-of-way to permit further subdivision or land development shall be provided as necessary and located so as to allow proper development of surrounding properties.

(8) Where a subdivision or land development abuts or contains an existing street right-of-way of improper width or alignment, the Township may require the dedication or reservation of additional land (ultimate right-of-way) sufficient to widen the street or correct the alignment. Where an additional dedication or reservation is required, all building setback lines will be measured from such dedicated or reserved right-of-way.

(9) Applicant for a subdivision or land development abutting a state highway shall be responsible for obtaining approval of any proposed improvements and for obtaining a Pennsylvania Department of Transportation highway occupancy permit for any proposed improvements, including driveways. Assurance must be given that sight distances are adequate for driveways connected to state highways. PennDOT permits are required prior to Township approval.

(10) Where a subdivision or land development is partially located in another municipality, the provisions of this article shall apply to the portion located in Potter Township.

(11) Where it is estimated that a subdivision or land development will generate over 750 vehicle trips a day (based on ITE generation rates), the applicant shall provide a traffic engineer report indicating an estimated volume of vehicular traffic movement and the adequacy of the proposed and existing streets and highways to carry the traffic both within and beyond the proposed subdivision or land development and possible solutions to such problems as may be there identified.

(12) Proposed streets which are obviously in alignment with others already existing and named shall bear the names of the existing streets.

(13) In no case shall the name of proposed streets not in alignment with others so named duplicate the names of an existing or platted street or approximate such names by the use of suffixes such as "lane," "way," "drive," "court" or "avenue." The applicant shall submit the proposed street names for review to the Township prior to filing a preliminary plan.

D. Partial, half, dead-end and cul-de-sac streets.

(1) New half or partial streets will not be permitted except where essential to reasonable subdivision or land development of a tract in conformance with the other requirements and standards of this article and where, in addition, satisfactory assurance of completion and dedication to the remaining part of the street can be obtained. Wherever a tract to be subdivided borders on an existing half or partial street, the other part of the street shall be plotted within such tract and applicable building setback lines established.

(2) When a tract is being subdivided or developed which includes or is adjacent to a nonpublic or private road or street not serving the lots created by said subdivision, building setback lines shall be established from the center line of said road or street such that eventual dedication may be accomplished. In no case shall this setback be less than 50 feet from the center line of said road or street.

(3) Dead-end streets shall be prohibited except as temporary stubs to permit future street extension into adjoining tracts or when designed as permanent culs-de-sac.

(4) Any dead-end street which is constructed for future access to an adjoining property or because of authorized stage development, and which is open to traffic, shall be provided with a temporary, all-weather turnaround. The turnaround shall be completely within the boundaries of the subdivision or land development, and the use of the turnaround shall be guaranteed to the public until such time as the street is extended.

(5) Cul-de-sac streets designed to be permanent shall meet the following requirements:

(a) The street shall terminate in a turnaround of the same construction material as the cartway.

(b) The length of the cul-de-sac streets shall be measured from the corner of the originating street to the center of the turning radius.

(c) The turnaround must be circular shape and be designed to permit the turning of the largest Township truck with snowplow. Other shapes, such as "L" and "T," are not permitted. The circular form shall have a minimum outside radius to the edge of the pavement of 40 feet. The radius of the right-of-way for the turnaround shall be a minimum of 50 feet.

(d) Cul-de-sac streets shall not exceed 750 feet in length.

[Amended 12-12-2005 by Ord. No. 2-2005]

(e) The center line grade on a cul-de-sac street shall be determined from Table 2 or Table 3.[1] The grade of the diameter of the turnaround shall not exceed 4%.

[1] Editor's Note: Tables 2 and 3 are included at the end of this chapter.

(f) The maximum number on a cul-de-sac shall be three.

[Added 12-12-2005 by Ord. No. 2-2005]

(6) Service streets and alleys are not permitted in residential subdivisions except as may be required to conform with the existing street layout. However, service streets may be permitted in other types of land development.

E. Private streets.

(1) It is the policy of the Township that all streets shall be planned to be dedicated as public streets. However, sometimes private streets, to be maintained by the adjoining landowners, are preferred. Where agreement of adjoining landowners is required in Subsection E(1)(b) through (d), agreement of the owners of 51% of the frontage thereon shall be binding on the owners of the remaining lots. Private streets shall only be permitted when the following conditions are met:

(a) When the private streets shall serve not more than five lots and a complete private right-of-way agreement is obtainable.

(b) When the adjoining landowners agree that the street shall not be dedicated but shall be maintained by the adjoining landowners.

(c) When the adjoining landowners agree to the maintenance of the private street as required in Table 3[2] and agree that the adjoining lot owners shall provide for repair, snow removal and any other necessary maintenance.

[2] Editor's Note: Table 3 is included at the end of this chapter.

(d) Where the adjoining landowners agree on a procedure for future dedication of the street as a public street.

(e) Where such agreement is in writing and addresses all of the general provisions for right-of-way agreement in a form suitable for recording and acceptable to the Township Solicitor.

(f) Where said street is described and laid out in conformity with all the requirements of this subsection.

(g) Any subdivision consisting of five or more lots must construct roads to public road standards as if the road(s) were being offered for dedication and all lots' driveways in the subdivision must access the newly created road(s).

[Added 12-12-2005 by Ord. No. 2-2005]

(2) General provisions of right-of-way agreement. A checklist of provisions that should be incorporated into a private right-of-way for ingress, egress and regress is given in Appendix A.[3]

[3] Editor's Note: Appendix A is included at the end of this chapter.

(3) The private street system shall be designed to accommodate the type and volume of traffic anticipated to be generated and shall be constructed to a sound all-weather driving surface, reasonably smooth and free from mud, dust or standing water. The private street system shall be built to at least the following design requirements, which shall first be reviewed by the Township Engineer and approved by the Supervisors:

(a) The minimum right-of-way width shall be 50 feet. The minimum cartway width shall be 18 feet.

(b) Cartway construction specifications. Six inches of hard stone base appropriately compacted and graded to provide a permanent, all-weather surface which will facilitate stormwater drainage patterns. See Table 3.[4]

[4] Editor's Note: Table 3 is included at the end of this chapter.

(c) The maximum allowable grade for private access streets shall be finished grade of 12% slope. Special drainage considerations shall be required to eliminate or control erosion, sedimentation and stormwater management, especially on grades exceeding 6% slope. These shall include special roadway cross sections, grading, shoulder construction and stabilization, cross drainage and fill slopes as approved by the Township Engineer.

(d) Culs-de-sac shall be designed according to Subsection D.

(e) Building setback lines shall be located as provided in the Township zoning regulations.

(f) A notation shall be placed on the final plan identifying the right-of-way as "private."

(g) Private streets shall be considered a required improvement and must be constructed prior to final plan approval or, in lieu of completion of improvement, the applicant must provide financial security as per Section 509 of the Municipalities Planning Code[5] and as approved by the Township.

[5] Editor's Note: See 53 P.S. § 10509

F. Rights-of-way.

(1) The right-of-way width should not be less than that required for all the elements of the design cross sections. Refer to Table 2.[6]

[6] Editor's Note: Table 2 is included at the end of this chapter.

(2) The Township shall reserve the right to require right-of-way greater than PennDOT regulations and standards set forth in the references document included as Attachment 2 at the end of this chapter.[7]

[7] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

(3) All of the right-of-way shall be graded similar to the street grade. The slope of the banks measured perpendicular to the street center line shall be no steeper than one foot vertical for three feet horizontal measurement for fills and one foot vertical for two feet horizontal measurement for cuts. In cuts through bedrock, formation may be one to one. Where the cut or fill slope abuts a sidewalk, there shall be a two-foot level area adjacent to sidewalk, and the fill slope shall not exceed three-to-one slope.

G. Private driveway access easements.

(1) In general, the policy of the Township is that all private driveway access shall be to a public street. However, private driveway access to private streets or across the land of another shall only be permitted in the following circumstances:

(a) Private driveway access shall be permitted to private streets when said streets are permitted under Subsection E.

(b) Private driveway access over lands of another shall be permitted where:

[1] Not more than two lots are involved.

[2] A complete right-of-way or easement agreement is prepared in a form suitable for recording and as approved by the Township.

[3] The total number of lots involved shall include all existing and proposed lots utilizing the private driveway for access.

[4] All of the other requirements of Subsection G are met.

(2) The requirements for the private driveway access agreement are as follows:

(a) The private driveway access easement shall be designed to provided a driveway to accommodate the type and volume of traffic anticipated to be generated and shall be constructed to provide a sound, all-weather driving surface, reasonably smooth and free from mud, dust or standing water. See Table 3.[8]

[8] Editor's Note: Table 3 is included at the end of this chapter.

(b) A private right-of-way agreement shall be properly executed and recorded in the Centre County Recorder of Deeds office between the landowner granting access and all affected parties abutting and adjoining said easement and shall create a private right-of-way which shall be a covenant running with the land. As a condition of final plan approval, this agreement shall include all provisions listed in Appendix A.[9]

[9] Editor's Note: Appendix A is included at the end of this chapter.

(c) Such private right-of-way easement shall be a minimum of 50 feet in width, except when lots served by the right-of-way or easement by virtue of size or restrictions are not capable for further subdivision. In which case, the minimum width shall be 20 feet.

(d) The maximum allowable grade for a private driveway access shall be 12%, except that for distances not greater than 500 feet, the grade may be increased to 14%.

(e) The private driveway access must be constructed and found acceptable by Township review and inspection prior to final plan approval.

H. Access over land of others. When a "landlocked" parcel exists which is proposed to be developed or subdivided, the landowner/developer shall give notice to prospective buyers that the access is not a public street. The notice shall be in three forms:

(1) A letter shall be submitted from the subdivider's attorney. This letter shall contain specific identification of the plan by name and number and a statement that the subdivider has authorized the letter. The letter should specifically identify the location of the access road and describe the existing and proposed features (i.e., right-of-way width, length, cartway width, type of construction, etc.).

(a) It should also list all construction and design standards as specified in this article which cannot be met and provide reasons why the normal standards cannot be met.

(b) The letter must also contain a clear opinion of the subdivider's attorney that the subdivider and all prospective purchasers will have either an easement or right-of-way across intervening lands of others. There must be a statement that access is not restricted in any manner, other than such limitations expressly contained in the letter.

(c) Please be advised that generally the same road construction specifications should apply within the easement/right-of-way over lands of others as shall apply within the property being subdivided. It shall be the subdivider's responsibility to make any required improvements, subject to obtaining the necessary rights to do so over lands of others.

(2) Notation on the plan to be recorded should reflect the above situation and be in a prominent location of larger and bolder type than customary plan notes. The note should describe the location and design of the access road over land of others, identify all normal construction or design standards which are not met and describe the legal nature of the subdivider's use (i.e., easement right-of-way). This notation should also relieve the Township and County of any liability with respect to the provision of an access road by a statement placing such responsibility on either the seller and/or buyer.

(3) Preparation of proper legal documentation concerning the easement rights and responsibilities for that portion of the access easement "over lands of others" for recording in the Centre County Recorder of Deeds office.

I. Intersections, sight distances.

(1) Streets shall intersect as nearly as possible at right angles, and no street shall intersect another at an angle less than 75° or more than 105°. Refer to Table 4.[10]

[10] Editor's Note: Table 4 is included at the end of this chapter.

(2) No more than two streets shall intersect at the same point.

(3) Curb returns shall be rounded by a tangential arc with a minimum radius of 20 feet for intersections involving only local streets, 35 feet for intersections involving a collector street, and 50 feet for intersections involving an arterial street. See Table 4[11] for additional minimum curb radii.

[11] Editor's Note: Table 4 is included at the end of this chapter.

(4) The corner sight distances for various types of intersections should be as specified in Table 7A.[12] Sight distances are measured as shown in Figure 2.

[12] Editor's Note: Table 7A is included at the end of this chapter.

(5) Any street intersecting with a collector street shall be located no closer than 300 feet from another street intersecting with the same collector street. Any street intersecting with an arterial street shall not be located closer than 800 feet from another street intersecting the same arterial street on the same side of said arterial street. Distances shall be measured from the center line of the two intersecting streets along the center line of said local, collector or arterial street. See Table 4[13] for additional minimum distances for intersecting local, collector and arterial streets.

[13] Editor's Note: Table 4 is included at the end of this chapter.

(6) At intersections, all earth banks and vegetation shall be cut and removed when such will impede vision between the height of 2 1/2 and 10 feet above the center-line grades of the intersecting streets and within the sight triangle specified in Table 4.[14]

[14] Editor's Note: Table 4 is included at the end of this chapter.

(7) Any subdivision or land development which can be expected to generate more than 750 vehicle trips per day shall provide any or all of the following facilities as may be required by the Township to provide safe and efficient operation at any proposed driveway or street: acceleration or deceleration lanes, concrete median barriers, left-turn lanes, traffic signals, lane markers and such other traffic control devices as may be necessary.

Figure 2. Intersection Sight Distance.

J. Stormwater management. Stormwater management consists of the planning, design and control of the conveyance of surface waters resulting from precipitation. Major objectives are the protection of water quality, the prevention of flooding erosion and the promotion of the natural recharge of water. Requirements for stormwater management are those of the Centre County Subdivision and Land Development Ordinance enacted June 28, 1983. Following are additional requirements.

(1) Storm sewers.

(a) Where required by zoning or land use densities, storm sewers shall be placed under or immediately adjacent to the roadway side of the curb, or as directed by the Township when parallel to the street within the right-of-way.

(b) When located in undedicated land, storm sewers shall be placed within a drainage easement not less than 20 feet wide, as approved by the Township Engineer.

(c) Storm sewers constructed in areas susceptible to sinkhole formation shall have watertight joints to prevent exfiltration of stormwater into the surrounding soil.

(d) The use of properly designed, graded and turfed drainage swales is encouraged in lieu of storm sewers in commercial and industrial areas and, where approved by the Township Engineer, in residential areas. Such swales are to be stabilized through the use of erosion control fabrics and vegetation. The design capacity of storm sewer and drainage swales shall be determined in accordance with the ten-year frequency storm of the duration equal to the time of concentration.

(e) In curbed sections, the maximum encroachment of water on the roadway pavement shall not exceed half of a through traffic lane or one inch less than the depth of curb during the ten-year design storm of five-minute duration. Inlets shall be provided to control the encroachment of water on the pavement. When inlets are used within the right-of-way limits of a street in lieu of manholes, the spacing of such inlets shall not exceed the maximum distance of 400 feet.

(2) Bridges and culverts. Bridges and culverts shall have ample waterway to carry expected flows, based on minimum storm frequency of 10 years for driveways, 25 years for local streets, 50 years for collector streets and 100 years for arterials, or as required by the Township.

(3) All storm sewer systems shall be constructed in accordance with the specifications contained in PennDOT Publication 408.

K. Guiderails. Guiderails shall be required as per PennDOT Design Manual Part 2. Materials and construction of guiderails shall be as per PennDOT Publication 408 and Standards for Roadway Construction, PennDOT Publication 72.

L. Trees. Street trees may be installed within street rights-of-way.

(1) Any plans to plant shade trees within the rights-of-way of new streets must be approved by the Township. If trees are planted on both sides of the street, they may be spaced no closer than the following:

	Height of Tree at Maturity (feet)	Distance (feet)
	Under 30	30 to 40
	30 to 50	41 to 50
	Over 50	51 to 70

(2) No tree may be planted: a) within the clear sight triangle (see Figure 2) at the intersection of two streets; b) within the clear sight triangle of proposed driveway entrances (see Tables 7a through 7d[15]); c) less than 21 feet from the center line of the cartway; or d) where their roots might interfere with underground drains or utility lines.

[15] Editor's Note: Tables 7A through 7d are included at the end of this chapter.

(3) Where overhead utilities are present within the right-of-way, tree species shall be those which do not exceed 30 feet in height at maturity.

(4) Existing trees within the proposed right-of-way may be retained, provided the location and species requirements specified above are not violated.

(5) Trees in a right-of-way are the responsibility of the property owner, who must provide for their maintenance. If trees or tree limbs become a hazard to traffic or pedestrians, the Township may require the property owner to have them removed. The Township reserves the right to remove trees if such action is required for the maintenance or expansion of the street or for installation of facilities such as sidewalks, drains or shoulders for safety.

§ 177-10 Street design.

A. Interpretation of design standards. The street design standards and construction specifications are regarded as minimum standards and specifications. These standards were developed giving high priority to the safety and durability of future Township streets.

B. Plan content requirements. The requirements of plan content are given in Appendix B.

C. Design speed. The maximum design speeds and operating speeds shall be as shown in Table 2.[1]

[1] Editor's Note: Table 2 is included at the end of this chapter.

D. Vertical alignment.

(1) Vertical curves shall be used in changes of grade exceeding 1%. In order to provide proper sight distances, the minimum length (in feet) of vertical curves shall be as computed in Table 2.[2]

[2] Editor's Note: Table 2 is included at the end of this chapter.

(2) The minimum grade on all local streets shall be 1%. The maximum grade on any street shall be as listed in Table 2.

(3) Grades at intersections shall be as flat as possible. The grade of the approach where traffic is required to stop shall not exceed four-percent grade for 60 feet from the right-of-way line.

E. Horizontal alignment.

(1) Alignment between control points should conform to topography, following closely the natural contours, consistent with the design speed, the traffic volumes to be served, the right-of-way, and construction cost.

(2) Horizontal curves shall be designed in accordance with Table 2.[3]

[3] Editor's Note: Table 2 is included at the end of this chapter.

F. Street layer thickness and material design.

(1) Pavements and bases are divided into two general types: rigid and flexible. Rigid pavements are those in which portland cement concrete is used. Such pavements are usually designed to have considerable flexural strength and, therefore, may bridge over slight irregularities in the base or subgrade on which they rest. According to Reference 5,[4] "a flexible pavement is a structure that maintains intimate contact with, and distributes loads to, the subgrade and depends on aggregate interlock, particle friction and cohesion for stability."

[4] Editor's Note: See the document "References," which is included at the end of this chapter.

(2) Pavement is laid on a roadbed which may consist of natural soil or compacted soil or fill material. See Figure 4b. The top of this roadbed is called the subgrade. On top of the subgrade, four layers or coats may be applied. From bottom to top, they are termed subbase, base, intermediate course (which is a binder) and wearing course. Also, it is economical to lay the entire thickness of one course at one time, or in one "lift," which is encouraged except for thick courses. See Table 5.[5]

[5] Editor's Note: Table 5 is included at the end of this chapter.

G. Roadway cross sections. Minimum and desirable widths of roadway surface, shoulders, curbs, base, subbase material and surface courses are given in Tables 3 and 5[6] and shown in Figures 4a through 4d.[7]

[6] Editor's Note: Tables 3 and 5 are included at the end of this chapter.

[7] Editor's Note: Figures 4a through 4d are included at the end of this chapter.

H. Structures.

(1) The design of bridges, culverts, walls, tunnels and other structures should be in accordance with the current AASHTO publication "Standard Specifications for Highway Bridges" and the Department's Design Manual, Part 4, "Structures." The design of such structures is subject to the review and approval of the Township Engineer. In addition, approvals may be required by appropriate state and/or federal agencies.

(2) For new construction projects, the bridge widths required shall be designed using the Rural Design Criteria Charts in the Department's Design Manual, Part 2.

(3) A twenty-four-foot minimum vertical clearance plus an allowance of six inches to accommodate future resurfacing shall be provided for all new and reconstructed facilities on or over collector and local road facilities. A sixteen-foot minimum vertical clearance plus an allowance of six inches to accommodate future resurfacing shall be provided for all new and reconstructed facilities on or over interstate, limited access and arterial facilities. For additional vertical clearance requirements, refer to the Department's Design Manual, Part 2, and Design Manual, Part 4.

(4) The minimum width criteria and minimum design load structural capacities for bridges shall be as indicated in the applicable design criteria charts.

(5) For guidance on the retention of narrow bridges, refer to the Department's Design Manual, Part 2, and Design Manual, Part 4.

I. Curb and curb gutter.

(1) Curbs may be installed on public streets in lieu of shoulders. Requirements for shoulders are given in Subsection K(1).

(2) Types of curbing, shown in Figure 5, are as follows: integral vertical or rolled cement concrete curbs (see Figures 5a and 5b); vertical cement concrete curb and gutter (see Figure 5c); mountable or flush curbs (see depressed cement concrete curb, Figure 5d); laid-on-top type of curb (see extruded cement concrete curb, Figure 5e); extruded bituminous concrete curbs shall not be used because of lack of durability.

(a) Vertical curbs and mountable cement concrete curbs are used to control drainage. Vertical curbs discourage vehicles from leaving the roadway and are usually the most durable. Mountable curbs are usually several inches lower than vertical curbs and are slanted so they may be crossed when desired.

(b) Extruded or case cement concrete curbs laid on top of the pavement are usually less durable but may be used to control drainage for short segments of roadway.

(c) Flush curbing provides support for the pavement and allows stormwater to run off into drainage swales. Cars may park or drive over flush curbing. Use is encouraged only as part of a planned stormwater runoff system or to recharge groundwater.

J. Sidewalks.

(1) Sidewalks may be required in all subdivision and land developments where the distance to the nearest school is within state limits which require students to walk rather than be transported; to continue existing sidewalks from adjoining subdivisions or land developments; to provide access to community facilities; and in subdivision with lots less than 15,000 square feet in size.

(2) Sidewalks, where provided, shall be located within the street right-of-way or on sidewalk easements. The minimum width of all sidewalks shall be four feet. A grass planting strip may be required between a curb and sidewalk.

(3) The grades and paving in sidewalks shall be continuous access driveways except in nonresidential and high-density residential developments and in certain other cases where heavy traffic volume dictates special treatment.

(4) Sidewalks, where provided, shall be constructed of Class A cement concrete as per PennDOT Publication 408. They shall be constructed of at least four-inch-thick concrete underlain by four inches of 2A or 2RC crushed stone. Joints shall be proved in accordance with good construction practice.

(5) Sidewalks shall be laterally pitched at a slope toward the street no less than 1/8 inch per foot to provide for adequate surface drainage.

(6) At corners and pedestrian street-crossing points, sidewalks shall be extended to the curbline with an adequate apron area for anticipated pedestrian traffic and curb cuts and ramps for wheelchairs designed in accordance with ADA accessibility guidelines.

(7) Sidewalks shall not exceed 7% grade. All sidewalks and ramps having slopes greater than 5% shall be designed in accordance with ADA guidelines.

K. Shoulders.

(1) Shoulders shall be required as listed in Tables 2 and 3[8] unless curbs are being used.

[8] Editor's Note: Tables 2 and 3 are included at the end of this chapter.

(2) The depth of shoulders shall be the combined depth of the surface and base courses. Refer to Figures 4a through 4d for additional information.

L. Test borings. All test holes and boring in the right-of-way shall be immediately restored to its prior condition.

M. Property pins and monuments. No property pin or surveyor's monument in the Township shall be removed, altered or buried at any time. When work in the right-of-way requires the temporary removal of a property pin or monument, it must be preserved at the site and reset by a professional land surveyor at the expense of the applicant.

N. Streetlighting.

(1) Recommended lighting levels for streetlighting are given in Table 6.[9] Streetlighting shall be provided by the applicant who shall also make provisions for maintenance until dedication of the street. The lighting shall be provided and shown on the plan as follows:

(a) At all new intersections in commercial and industrial areas.

(b) At all new intersections in existing arterial or collector streets.

(c) At all existing intersections in commercial and industrial areas and existing intersections on arterials and collector streets when they abut the subdivision or land development.

(d) At the driveway, access or entrance of any new commercial, industrial, institutional or multifamily units with more than four units.

[9] Editor's Note: Table 6 is included at the end of this chapter.

(2) Existing intersections or areas with lower levels of lighting shall be improved as necessary to meet the recommendations given in Table 7.[10]

[10] Editor's Note: Table 7 is included at the end of this chapter.

§ 177-11 Construction specifications.

A. Stake out. All streets prior to being rough cut shall be laid out in accordance with approved design plans. Hubs and stakes shall be set at a minimum of fifty-foot intervals to provide both horizontal and vertical control. All changes in horizontal alignment as well as property corners adjoining street shall be staked.

B. Excavation.

(1) This work shall include excavation for roadways, shoulders, ditches, drainage structures, structures and stream channels.

(2) During construction, excavation shall be graded to drain.

(3) All suitable excavated materials, as determined by the Township, may be used for the construction and preparation of the roadway embankments, subgrade, shoulders, driveway approaches, ditches, structures, stream channels and required backfilling.

C. Embankment.

(1) This work shall consist of the construction of embankment in accordance with PennDOT Publication 408 and conforming to lines and grades on the drawings as approved.

(2) Placement of embankment shall be in layers not exceeding three inches and be suitably compacted by means of approved equipment as specified in PennDOT Publication 408.

(3) Material for the construction of embankment shall consist of all excavation on the project except such materials as may be determined to be unsuitable under PennDOT Publication 408, as amended, and when required will include common borrow excavation, foreign borrow excavation and selected borrow excavation.

D. Subgrade.

(1) Refer to PennDOT Publication 408 for subgrade requirements, including compaction, density and test requirements.

(2) The bottom of the excavation and the top of the fill, when completed, will be known as the improved subgrade and shall conform to the line, grades and cross sections as shown on the approved plans.

(3) Subgrade shall be inspected and approved by the Township before placing of subbase.

(4) Completed subgrade shall be maintained and protected in advance of the succeeding operation. Prior to placement of subbase and the pavement structure, damaged or unsatisfactory areas shall be promptly and satisfactorily reshaped and recompacted or removed and replaced.

(5) All surface irregularities shall be corrected by loosening the surface and removing or adding material as required. The corrected area and surrounding surface shall be compacted by rolling.

(6) All unsuitable material which will not compact satisfactorily shall be removed and replaced with suitable material.

(7) All large rocks, boulders or ledges shall be broken off six inches below the improved subgrade surface.

(8) The applicant shall use all means necessary to control dust on and near the work and on and near all off-site borrow areas if such dust is caused by the contractor's operations during performance of the work or is a result of the condition in which the contractor leaves the site. The applicant shall thoroughly moisten all surfaces as required to prevent dust from being a nuisance to the public, neighbors and concurrent performance of other work on the site.

E. Subbase.

(1) Refer to PennDOT Publication 408 for material, placement, compaction, density and test requirements.

(2) Subbase material shall not be placed on soft, muddy or frozen areas. Unsatisfactory subbase conditions developing ahead of the base and paving operations shall be corrected by scarifying, reshaping and recompacting or by replacement.

(3) Subbase shall be inspected and approved by the Township before placing base material.

F. Paving.

(1) Bituminous concrete base course (BCBC).

(a) The bituminous material shall be Class AC-20 as specified in PennDOT Publication 408. Aggregates shall conform to PennDOT Publication 408.

(b) Construction shall meet the requirements of PennDOT Publication 408.

(c) Bituminous concrete base course shall be approved by the Township prior to placement of the wearing course.

(2) Bituminous wearing course.

(a) Bituminous material shall conform to PennDOT Publication 408. Skid-resistance level shall be as required by PennDOT Pavement Design Manual, Publication 242.

(b) Construction shall conform to PennDOT Publication 408. A tack coat shall be applied to the surface of any pavement that has been in place more than seven days prior to placement of subsequent course.

G. Shoulders.

(1) Refer to PennDOT Publication 408.

(2) Materials shall conform to PennDOT Publication 408.

(3) Shoulders shall consist of six-inch-deep 2A stone with a bituminous surface treatment. Construction shall conform to PennDOT Publication 408.

H. Curb and gutter. Use of curbing is encouraged in new developments. Curb material and construction should conform to § 177-10I and PennDOT Publication 408. Types of curbing, shown in Figure 5,[1] are as follows: vertical or mountable curbs; extruded cement concrete curbs or cast cement concrete curbs laid on the edge of the pavement; flush curbing.

(1) Vertical and mountable cement concrete curbs are used to control drainage. Vertical curbs discourage vehicles from leaving the roadway and are usually the most durable. Mountable curbs are usually several inches lower than vertical curbs and are slanted so they may be crossed when desired.

(2) Extruded or case cement concrete curbs laid on top of the pavement are usually less durable but may be used to control drainage for short segments of roadway.

(3) Flush curbing provides support for the pavement and allows stormwater to run off into drainage swales. Cars may park or drive over flush curbing. Their use is encouraged only as part of a planned stormwater runoff system or to recharge groundwater.

[1] Editor's Note: Figure 5 is included at the end of this chapter.

I. Sidewalks. Cement concrete sidewalks.

(1) Refer to PennDOT Publication 408.

(2) Cement concrete material shall conform to PennDOT Publication 408 for Class A concrete.

(3) Construction shall conform to PennDOT Publication 408, except that aggregate for bed shall be four inches deep.

(4) Joints shall be proved in accordance with good construction practice.

J. Drainage control. Drainage control shall be implemented according to the requirements of § 177-9J.

K. Work zone traffic control. The contractor shall furnish the necessary guards, watchmen, warning lights and similar items necessary to maintain state highway and other road/street traffic in accordance with PennDOT Publication 203 requirements. In general, the contractor shall not be permitted to interrupt traffic without specific arrangements for detouring traffic in accordance with PennDOT requirements. When traffic cannot be detoured, a minimum of 1/2 the roadway width shall be open at all times with traffic control.

§ 177-12 Inspection.

A. Applicant shall bear all costs of inspection of such roads, streets, lanes or alleys as per memorandum of understanding signed between the applicant and the Township.

B. All construction shall be inspected by the Township. The Township shall be notified of the construction schedule at least 48 hours prior to commencement of the following stages of work:

	Phase of Construction	Description of Work to be Inspected
	1	Soil erosion and sedimentation control measures
	2	Any excavation, installation, backfilling within the right-of-way or easements and construction of stormwater facilities
	3	Rough grading of street per Township standards and approved design. Fine grading and compaction of street (subgrade preparation) per Township standards and approved design
	4	Construction of curb
	5	Placement of subbase to include fine grading and compaction
	6	Placement of BCBC (each successive lift shall require inspection notification); placement of ID2 wearing course as a scratch coat
	7	Construction of curb or sidewalk
	8	Placement of ID2 wearing course (As a general practice, no coring of top course shall be required.)
	9	Stormwater control facilities (as built shall be provided to the Township)

C. The contractor shall not, under any circumstances, proceed with subsequent stages of construction until written authorization to proceed is given by the Township.

D. Final inspection of road shall occur just prior to acceptance by the Township to assure that it meets the standards and the specifications herein.

§ 177-13 Driveways.

A. Permits.

(1) No driveway shall be constructed, altered or paved without first obtaining a permit from the Township. A permit shall not be required for maintaining a driveway for existing service.

(2) Driveways which intersect other than to a local street shall provide adequate turnaround within the lot so egress to the street is in a forward direction.

(3) The permit application for all driveways other than those classified as minimum use shall include a plan which illustrates, as a minimum, the following, including dimensions where applicable.

(a) Existing highway pavement, ditches, right-of-way and relevant property lines, highway appurtenances, utilities and medians.

(b) Existing and proposed building, including a description of present and proposed use of building.

B. Design standards.

(1) The ability of a driveway to safely and efficiently function as an integral component of a highway system requires that its design and construction be based on the amount and type of traffic that it is expected to serve and the type and character of roadway which it accesses. This section separates driveways into four classifications based on the amount of traffic they are expected to serve. A description of each classification and typical examples of land uses normally associated with each follow:[1]

(a) Minimum-use driveway, as shown in Figure 6. A driveway normally used by not more than 25 vehicles per day, such as for single-family dwellings or apartments with five units or less.

(b) Low-volume driveway, as shown in Figure 7. A driveway normally used by more than 25 vehicles per day but less than 750 vehicles per day, such as for office buildings, elementary or junior high schools or car washes.

(c) Medium-volume driveway, as in Figure 8. A driveway normally used by more than 750 vehicles per day but less than 1,500 vehicles per day which does not require traffic signalization, such as for motels, fast-food restaurants or service stations and small shopping areas.

(d) High-volume driveway, as shown in Figure 9. A driveway normally used by more than 1,500 vehicles per day which often requires traffic signalization, such as for large shopping centers or multibuilding apartments or office complexes.

[1] Editor's Note: Figures referenced in this subsection are included at the end of this chapter.

(2) Driveways shall have a throat width and curb return radius based on the volume of traffic use of the intersection in accordance with Figures 6 through 8. Dimensions for a high-volume driveway entrance and for a fuel station entrance are shown in Figures 9 and 10, respectively.

(3) The design features described in this section and illustrated in the figures are to be used by the applicant in designing the driveway plans which accompany the application. Dimensions shall be selected from the range of values shown on the appropriate feature unless site conditions warrant a deviation.

(4) On arterial streets, access for each lot shall be limited to not more than two driveways for the first 300 feet of frontage or fraction thereof and one driveway for each additional 300 feet of frontage.

(5) On all other streets, access for each lot shall be provided by not more than one driveway for the first 50 feet of frontage or fraction thereof and one driveway for each additional 50 feet of frontage.

(6) No driveway shall be closer than five feet to a fire hydrant, catch basin or drain inlet.

(7) No driveway shall be closer to the side or rear property line than five feet for single-family houses in the residential and rural residential districts and 10 feet for all other uses and districts, unless the two adjoining property owners mutually agree to a common driveway. A written agreement approved by the Solicitor and Supervisors and acceptable for recording by the Recorder of Deeds must be submitted with the application for the zoning permit.

(8) In all cases of multifamily dwellings and in all the general commercial, industrial and planned commercial-industrial districts, all driveways shall enter a street right-of-way at least 100 feet from the intersection with another street, except for intersections with two or more arterial streets, in which case the minimum distance shall be at least 200 feet. In all other districts, all driveways shall enter a street right-of-way at least 50 feet from its intersection with another street of any classification. If the lot is insufficient to provide for the required distance, access shall be as far from the intersections as the lot and other provisions of this article will permit. For all cases cited above, the distance in which access is prohibited shall be measured from the tangent of the curb return of the intersection street cartway to the tangent of the curb return of the driveway but shall not include, in measurement, any portion of either curb return.

(9) In the residential and rural residential districts, if two or more driveways on the same lot enter a street right-of-way, the distance between the entrances of the driveways shall be at least 50 feet, measured as in Subsection B(7) above.

(10) Figures 6, 7 and 8 show two sets of design values. The applicant shall design his/her driveway using the values appropriate for the posted speed of the roadway being accessed.

(11) In driveways where pavement is installed, the same type of pavement shall be extended to the edge of the street cartway.

(12) All driveways shall provide a leveling area which extends from the edge of the shoulder or curb to the right-of-way line. This leveling area shall not exceed a maximum of 5% in grade nor intersect the shoulder or roads so as to produce a change in grade exceeding 8%. The leveling area shall intersect the street or road at an angle of no less than 60° and preferably 90°.

(13) Driveways shall be located at a point within the property frontage limits which provides at least the minimum sight distance listed in the appropriate Tables 7a through 7d.[2] In using Tables 7a through 7d, the following additional requirements shall apply:

(a) Tables 7b and 7d shall be used in lieu of Tables 7a and 7c only when combination traffic exceeds 5% of the total traffic using the proposed driveway.

(b) Posted speeds shall be used unless operating speeds vary from the posted speed by more than 10 miles per hour, in which case the Township may require that operation speeds be used.

(c) The sight distances in Tables 7a and 7b apply only when highway grades are 0% to 5%, either up or down.

[1] When the highway grade in the section to be used for acceleration ascends at a slope of 3% to 5%, the sight distance in the direction of the approaching ascending traffic shall be increased by a factor of 1.4. When the highway grade ascends at greater than 5%, sight distance shall be increased by a factor of 1.7.

[2] When the highway grade in the section to be used for acceleration after leaving descends at 3% to 5%, sight distance in the direction of approaching descending highway traffic shall be reduced by a factor of 0.6. When the road descends at greater than 5%, sight distance shall be reduced by a factor of 0.5.

(d) The sight distance values in Tables 7a through 7d are required for safe operation of the driveway. Sight distance values less than required shall only be accepted if it is impossible to achieve the values in Table 7a through 7d by locating the driveway at any point within the property frontage boundaries. The minimum acceptable safe sight distance values shall be computed from the following formula:

	SSSD	=	Minimum safe stopping sight distance (feet)
	V	=	Velocity of vehicle (miles per hour)
	t	=	Perception time of motorist (average = 2.5 seconds)
	g	=	Percent grade of roadway divided by 100

(e) If sight distance requirements as specified in this section cannot be met, the Township may:

[1] Prohibit left turns by exiting vehicles;

[2] Restrict turning movements to right turns in and out of a driveway;

[3] Require installation of right-turn acceleration lane or deceleration lane;

[4] Require installation of a separate left-turn standby lane;

[5] Alter the horizontal or vertical geometry of the roadway; or

[6] Deny access to the highway.

[2] Editor's Note: Tables 7a through 7d are included at the end of this chapter.

(14) Grade of driveways shall be constructed in the following manner:

(a) All driveways shall be constructed so as not to impair drainage within the right-of-way, alter the stability of the improved area or change the drainage in the adjacent areas.

(b) Driveways shall be constructed in such a manner to preserve the existing drainage swale between the driveway and the street. Slopes and surfacing shall not be done in a manner which causes surface water to flow onto the public highway or street.

(c) Where a deep swale or ditch exists, the applicant shall install adequate pipe under the driveway in accordance with PennDOT Publication 408. Drainage pipe installed under driveways shall be at least 15 inches in diameter.

(d) Side slopes for driveway embankments within the right-of-way shall be no steeper than two horizontal to one vertical.

§ 177-14 Street openings and occupancy.

A. Permits. All permits or plans required by any state, federal, local or other applicable regulatory agencies in conjunction with the project shall be secured by and at the expense of the applicant. Soil erosion and sedimentation plans and controls shall have the approval of the Centre County Conservation District or its agent.

B. Removal of droppings and deposits.

(1) During all phases of construction, if any earth, stones, mud, gravel or other foreign matter is deposited on any Township road, the applicant and/or his contractor shall be responsible for removal of such material(s) from the road so as to maintain safety of vehicular traffic. The applicant and/or his contractor shall provide for the removal of such material immediately.

(2) In the event that the applicant and/or his contractor fails to clean up such droppings or deposits immediately, the Zoning Officer shall issue a citation for violation of this section and shall also issue a notice to the applicant and/or his contractor requiring that such droppings or deposits be cleaned up within four hours of delivering such notice. Failure by the applicant and/or his contractor to clean up such droppings or deposits within such time period shall constitute a further violation of this article.

C. Insurance.

(1) The applicant shall protect, defend, indemnify and save harmless the Township, its officers, employees and agents thereof from all claims, suits, actions and proceedings of every nature and description which may be for or on account of any injuries or damages to persons or public or private property, because of any materials or appliances used in work, or by or on account of improper materials or workmanship, or for or on account of any other act, negligence or omission of said applicant or his agents, servants or employees, and the Township shall not in any way be liable therefor during the period of the work progress and an eighteen-month guarantee period following the acceptance of the work.

(2) Minimum insurance shall be $500,000 liability per individual with $850,000 limit for each occurrence for bodily injury and $500,000 liability for property damage.

(3) Applicant shall have the Township and Township Engineer named on the insurance policy as an "additional insured" and shall provide a copy of said policy to the Township. At the request of the Township, the applicant shall execute a document containing the covenants of protection, defense, indemnity and save harmless contained in this section.

D. Performance bonds.

(1) Construction of all improvements is to be completed within one year of the date a plan is approved by the Township Supervisors unless a time extension is granted by the Board prior to the expiration of the one-year period. The applicant performing the work shall provide a performance bond or other acceptable surety in an amount to be determined by the Township Supervisors in accordance with Section 509 of the MPC.[1] Where the party posting financial security requires more than one year from the date of posting to complete the required improvements, the amount of financial security may be increased for each one-year period in accordance with the MPC, Section 509(h). Where the development is to proceed by stages, separate bonding may be required for each stage to assure that the improvements in each stage are completed according to plans approved by the Township Supervisors.

[1] Editor's Note: See 53 P.S. § 10509.

(2) When the applicant has completed all of the necessary and appropriate improvements, the applicant shall follow the procedures set forth in § 510 of the MPC[2] to be released from the performance bond.

[2] Editor's Note: See 53 P.S. § 10510.

E. Maintenance guarantee. The applicant shall provide the Township with a maintenance bond to secure structural integrity of improvements as well as the functioning of improvements in accordance with the design and specifications as depicted on the final plan equivalent to 15% of project construction cost for the eighteen-month guarantee period following the date of acceptance of the work in accordance with Section 509(k) of the MPC.[3]

[3] Editor's Note: See 53 P.S. § 10509(k).

F. Liquid fuel tax requirements. Any street, or part thereof, offered for dedication or intended to be offered for dedication to the Township under this article into the road system shall comply with the minimum requirements of the Pennsylvania Department of Transportation covering the allocation of liquid fuel tax receipts and the standards outlined within this article.

G. Final street acceptance. Streets will be accepted for public ownership by the Township by passage of a resolution at a public meeting. Acceptance will not occur until the following items are satisfactorily met:

(1) A final inspection report is prepared by the Township Engineer.

(2) All inspection fees are paid.

(3) Compliance with liquid fuel tax requirements has been demonstrated.

(4) A maintenance bond is posted.

(5) A deed of dedication is provided.

(6) All other matters relating to the construction of said street(s) are resolved.

H. Associated fees.

(1) The applicant shall reimburse the Township for the actual cost of all fees and expenses for engineering services (reviews and inspections) that the Township incurs related to the application, as per a memorandum of understanding signed between the applicant and/or his contractor and the Township.

(2) The cost of filing an application and of the permit(s) to be issued thereon and the cost of any inspection deemed necessary by the Township shall be determined according to a schedule of fees adopted by the Township by resolution, and all such fees and costs shall be paid to the Township Secretary.

§ 177-15 Deposits on highways; damage by vehicles.

A. Litter from vehicles prohibited. It shall be unlawful for any person, firm, corporation or other legal entity to drop, throw or deposit upon any public street or permit the same to be so dropped or deposited from any vehicle under their control any sweepings, ashes, mud, dirt, manure, refuse, rubbish, household waste, glass, metal or any other dangerous or detrimental substance.

B. Removal of deposits required. Any person, firm, corporation or other legal entity who shall drop or permit to be dropped or thrown or deposited from any vehicle under their control upon any such highway sweepings, ashes, mud, dirt, manure, refuse, rubbish, household waste, glass, metal or any other dangerous or detrimental substance shall immediately remove the same from such street or cause it to be removed immediately.

C. Permits for use of vehicles with steel cleats. It shall be unlawful for any person, firm, corporation or other legal entity to operate or cause to be operated or permit to be operated upon any bituminous paved Township road any vehicle having steel-cleated wheels without first securing a permit to use such paved bituminous Township road.

D. Use of certain vehicles prohibited. It shall be unlawful for any person, firm, corporation or other legal entity to operate or cause to be operated or permit to be operated upon any bituminous paved Township road in Potter Township any vehicle having other than rubber tires or wheels which, in the determination of the Township Supervisors, cause damage to the said paved bituminous Township road.

E. Permits and bonds for heavy vehicles.

(1) Seasonal or year-round weight restrictions may be placed on certain Township roads which are susceptible to damage by vehicles transporting heavy weights. The restrictions are applied through a program of posting and bonding of local roads. The Township may allow heavy haulers to use a road, provided the haulers pay for any excessive damage due to their hauling. The posting and bonding program is governed by Pennsylvania state law and regulations (Ref. 7, p. 39), as explained in PennDOT Publication 221, "Posting and Bonding Procedures for Municipal Highways," and in LTAP Technical Information Sheet No. 57, January 1994, "Posting and Bonding Local Roads." Three separate procedures are involved, namely posting, bonding and monitoring. The procedures to be followed are outlined in detail in the references and are summarized briefly as follows:

(a) The first step in posting procedures is to have an engineering and traffic study done following PennDOT Publication 201, "Engineering and Traffic Studies," Subchapter G. The engineering and traffic study may show that a weight restriction is warranted based on pavement analysis or past experience. The Township will then process a related ordinance, properly advertised, and notify all known users of the road to be posted. Once the ordinance is passed and the proper signs have been installed, the Township notifies the State Police of the posting.

(b) Under the bonding procedure, the Township enters into an excess maintenance agreement with each hauler or users who have haulers over whom they have no control; for example, from other companies hauling raw materials or final products. The Township will specify the amount of security required, and the user will provide this security and be bonded by it. A preliminary inspection of the posted road is needed to establish conditions existing prior to the agreement being executed. The Township and user shall both be represented at the inspections and the Township will issue a report, a copy of which becomes part of the agreement. The costs of inspections shall be paid by the user or permittee. The agreement must also specify who performed the required excess maintenance due to heavy hauling. The two options are: the Township or its contractor may perform the work and invoice the user for the cost; or the user or his/her own contractor may perform the required work.

(c) After the agreement is executed and permits issued, the Township will monitor the condition of the posted road at regular intervals and will notify the user of any required repairs. The user is responsible for restoring the road to the state of repair existing at the time of the preliminary inspection. A final inspection is required after the user has completed his hauling and no longer requires the use of the posted road.

(2) If there are several users hauling over posted roads, excess maintenance agreements will be prepared between the Township and each user. Cost for damages will be prorated based on trips or tonnage hauled unless circumstances dictate otherwise. Local deliverers are allowed on the posted roads and are only required to enter into excess maintenance agreements if the Township determines that the local delivery is doing damage.

§ 177-16 Waivers, variances and appeals.

A. Waivers.

(1) A landowner may request a waiver of one or more specific technical requirements of this article applicable to the plan submitted. Such request for waiver shall be made in writing by the landowner or his agent to the Township Engineer. Such request shall specify each specific requirement of this article, identifying the section of this article, and stating the reasons that the waiver is requested.

(2) The Township Engineer shall review the request for waiver and shall report thereon in writing to the Township his recommendations.

(3) Waiver for alternative and de minimis. Upon consideration of final approval of the street plan, the Board of Supervisors may waive specific technical requirements of this article upon receipt of the written recommendation of the Township Engineer. In order for any item to qualify for a waiver, the Township Engineer shall certify in writing that the proposed item recommended for waiver meets the requirements for waiver set forth in Subsection A(4) below.

(4) In the event of a dispute between the landowner and Township Engineer regarding the Township Engineer's recommendation as to a waiver, the Board of Supervisors shall consider the waiver at the time of final approval and may grant or deny the waiver after hearing both parties. It shall be presumed that all events that the requirements specified are valid, reasonable and binding upon all developments, and the only ground for granting a waiver shall be uniqueness where, in the circumstances, an alternative technical solution is as practical and effective as the technical requirement of this article; and uniqueness where, because of the circumstances, meeting the specific requirement would be of negligible importance (i.e., de minimis) in meeting the specific requirement of this article.

B. Waivers because of hardship.

(1) The landowner or developer may apply for a modification or waiver to the minimum standards of this article where it is alleged that compliance with the minimum standards is unreasonable and causes undue hardship. Such requests for waiver or modification on the grounds shall be made in accordance with § 512.1 of the Pennsylvania Municipalities Planning Code.[1] Financial burden is not considered a hardship for waiver of these standards.

[1] Editor's Note: See 53 P.S. § 10512.1.

(2) Appeals. All appeals from the decision of the Board of Supervisors made under the terms of this article shall be made according to Articles IX and X-A of the Pennsylvania Municipalities Planning Code.

§ 177-17 Enforcement remedies.

A. Any person, partnership or corporation who or which has violated or permitted the violation of the provisions of this article shall, upon being found liable therefor in a civil enforcement proceeding commenced by the Township, pay a judgment of not more than $500 plus all court costs, including reasonable attorney fees incurred by the Township as a result thereof. No judgment shall commence or be imposed, levied or payable until the date of the determination of a violation by the Magisterial District Judge. 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 that a violation continues shall constitute a separate violation, unless the Magisterial District Judge determining that there has been a violation further determines that there was a good faith basis for the person, partnership or corporation violating this article to have believed that there was no such violation, in which event there shall be deemed to have been only one such violation until the fifth day following the date of the determination of a violation by the Magisterial District Judge, and thereafter each day that a violation continues shall constitute a separate violation.

B. The court of common pleas, upon petition, may grant an order of stay, upon cause shown, tolling the per diem fine pending a final adjudication of the violation and judgment.

C. Nothing contained in this section shall be construed or interpreted to grant to any person or entity other than the Township the right to commence any action for enforcement pursuant to this section.

D. Magisterial District Judges shall have initial jurisdiction over proceedings brought under this section.

§ 177-18 Definitions.

[Amended 12-12-2005 by Ord. No. 2-2005]

The following words and phrases shall have the meaning used in this article:

ADT

Average daily traffic on a street.

AGRICULTURAL PURPOSES

Land used or available for use without substantial change for farming activities such as raising of crops or livestock. Agricultural purposes do not include extracting of any rock or mineral, or timbering or raising forestry products, or processing, sorting or grading agricultural products not raised on the property in question.

APPLICANT

A landowner or developer, as hereinafter defined, who has filed an application for development, including his heirs, successors and assigns.

APPROACHES

(In section on intersections).

BACKFILL

Material used to replace or the act of replacing material removed during construction.

BASE COURSE

The layer or layers of specified or selected material of designed thickness placed on a subbase or a subgrade to support a surface course.

BCBC

Bituminous concrete base course meeting requirement set forth in PennDOT Publication 408.

BITUMINOUS CONCRETE

Asphaltic concrete.

BOULEVARD

A type of street having the opposing travel lanes separated by a landscaped median.

BRIDGE

A structure, including supports, erected over a depression or an obstruction, as water, highway or railway, which has a track or passageway for carrying traffic or other moving loads and having an opening measured along the center of the pavement of more than 20 feet between supports.

BUS TURNOUT

The area provided to remove a bus from the traffic lanes where the transit vehicle can pick up and discharge passengers in an area completely separated from the travel lane.

CARTWAY

The portion of a street right-of-way designed or intended for vehicular use.

CENTER LINE

A line running parallel to and equidistant from both sides of a street.

CLASS A CONCRETE

Cement concrete meeting the requirements set forth in Publication 408.

CUL-DE-SAC

A street intersecting another street at one end and terminating in a vehicular turnaround at the other end.

CURB RETURN

A curved curb or edge of paving connecting the intersecting tangents of two streets or driveways.

CUT

An excavation whose depth is specified as the vertical distance between a point on the original ground and designated point of lower elevation on the final grade.

DEAD-END STREET

A street with only one vehicular traffic outlet.

DEDICATION

The conveyance of land or objects to some public use made by the owner and accepted for such use by or on behalf of the public by a municipality.

DEPARTMENT

The Pennsylvania Department of Transportation (PennDOT).

DESIGN MANUAL, PART 2

A Department publication containing the Department's highway design criteria.

DESIGN SPEED

Speed selected for a specific street which governs the geometric limits, such as degree of curvature, super elevation, sight distances, etc., and which controls the safe operation of the vehicle as well as allowing for safe pedestrian traffic. The design speed is governed by the volume of traffic, parking, speed limits, turning movements at intersections, intersection controls, land width and pavement surface conditions.

DRIVEWAY

A corridor which provides motor vehicular access from a street into or across a lot.

ENGINEER

A licensed professional engineer registered by the Commonwealth of Pennsylvania.

EROSION

The removal of soil, stone and other surface materials by the action of natural elements.

EXCAVATION

Any act by which earth, sand, gravel, rock or any similar material is dug into, cut, quarried, uncovered, removed, displaced, relocated or bulldozed.

FILL

Any act by which earth, sand, gravel, rock or any other similar material is placed, pushed, dumped, pulled, transported or moved to a new location above the natural surface of the ground or on top of the stripped surface; the difference in elevation between a point on the original ground and a designated point of higher elevation of the final grade; the material used to make fill.

FLEXIBLE PAVEMENT

A pavement structure which maintains intimate contact with and distributes loads to the subgrade and depends on aggregate interlock, particle friction and cohesion for stability.

GRADE

The slope of ground, street or other public way, specified in percent of change in elevation per horizontal distance; the act of altering the topography of undisturbed land.

IMPERVIOUS SURFACE

A surface which limits the penetration of water into the ground.

IMPROVEMENT

Those physical additions and installations required to render land suitable for the use intended, and including streets, curbs and gutters, sidewalks, street signs and lights, walkways, sewer and water facilities, monuments and markers, shade trees, grading and stormwater drainage facilities.

MPC

See "Pennsylvania Municipalities Planning Code."

MUNICIPAL ENGINEER

A professional engineer licensed as such in the Commonwealth of Pennsylvania, duly appointed as the engineer for a municipality, planning agency or planning commission.

PENNSYLVANIA MUNICIPALITIES PLANNING CODE (MPC)

Act of 1968, July 31, P.L. 805, as amended (53 P.S. § 10101 et seq.).

PRIVATE DRIVEWAY ACCESS EASEMENT

Any existing, recorded or proposed easement for private driveways in which a private right-of-way agreement is properly executed between the landowner(s) granting access and all affected parties abutting the easement.

PUBLIC HIGHWAY

Roads or streets of the state highway system, Township roads or other public highways, as defined by the Pennsylvania Vehicle Code.[1]

PUBLICATION 408

A Department publication containing the Department's highway construction specifications, as supplemented.

RIGHT-OF-WAY

The total width of any land reserved or dedicated as a street, alley, crosswalk or for any other public or semipublic purposes, including, but not limited to, the area reserved for cartway, shoulders, drainage and easements.

RIGID PAVEMENT

A pavement structure which distributes loads to the subgrade, having as one course a portland cement concrete slab of relatively high bending resistance.

SELECT GRANULAR MATERIAL or 2RC

A material meeting PennDOT specifications in Publication 408.

SHOULDER

The improved or graded portion of the highway, contiguous to the traffic lanes, for accommodation of stopped vehicles, emergency use or lateral support of base and surface courses of pavements.

STORM SEWER

A system of pipes or other conduits which carries intercepted surface runoff, street water and other wash water or drainage, excluding domestic sewage and industrial wastes.

STREET

A strip of land, including the entire right-of-way intended for use as a means of vehicular and pedestrian circulation. (For additional definitions, see below.)

A. ARTERIAL A high-volume street that should have no residences accessing directly onto it. Its function is to conduct traffic between communities and activity centers and to connect communities to major state and interstate highways.

B. COLLECTORS The principal traffic carriers within residential or commercial areas. Their function is to promote free flow of traffic; parking or residential entries along a collector should be discouraged.

C. LOCAL STREETS Sometimes called streets. The local street usually carries no through traffic and includes short streets, culs-de-sac and courts.

D. MARGINAL ACCESS STREET Streets which are parallel and adjacent to arterial or limited access streets and which are intended to provide access to abutting properties.

E. PARTIAL or HALF STREETS Streets, generally parallel and adjacent to a property line, having a right-of-way width less than that required.

F. PRIVATE or NONPUBLIC STREET All streets which are not public, including but not limited to streets maintained by private agreements, by private owners for which no maintenance responsibility has been established, and including all private driveway access easements or right-of-way for access.

G. PUBLIC STREET Streets ordained or maintained or dedicated and accepted by the Township, the county, the state or the federal government and open to public use.

H. SERVICE STREET A street parallel to a collector, subcollector or local street to provide access to abutting properties.

I. SUBCOLLECTORS Relatively low-volume streets which provide frontage and access to residential lots, but also carries some through traffic to lower-order (local streets).

SUBBASE

The layers of specified or selected material of designed thickness placed on a subgrade to support a base course.

SUBGRADE

The top surface of a roadbed upon which the pavement structure and shoulders, including curbs, are constructed.

SURFACE COURSE

One or more layers of a pavement structure designed to accommodate the traffic load, the top layer of which resists skidding, traffic abrasion and the disintegrating effects of climate. The top layer is sometimes called "wearing course."

TACK COAT

An application of bituminous material to an existing surface to provide bond with a superimposed course.

VEHICLE

Every device in, upon or by which any person or property is or may be transported or drawn upon a highway, either motorized or horse-drawn, or any other moving equipment.

[1] Editor's Note: See 75 Pa.C.S.A. § 101 et seq.

§ 177-19 Surety during construction on lots.

[Added 12-12-2005 by Ord. No. 2-2005]

A. Surety bond. Developer/applicant/owner shall provide a surety bond, letter of credit, or cash escrow equal to the cost of the top coat of pavement (including materials and labor). Said surety shall be for purposes of repairing any road(s) due to damages caused during construction of any structures or improvements on a lot within the subdivision. Said surety shall remain in effect until at least 90% of all lots are developed and construction completed.

B. Prerequisite to offer of dedication. The surety referred to in this section must be acquired and approved by the Township Supervisors before any road may be offered to the Township for dedication.

§ 177-20 Prerequisites to dedication.

[Added 12-12-2005 by Ord. No. 2-2005]

A. Prerequisites to offer of dedication. Prior to an offer of dedication of a road to the Township, the party offering the road for dedication shall:

(1) Have the road constructed to the standards listed in this article;

(2) Have the road inspected and approved by the Township Engineer and Township Road Superintendent;

(3) Obtain all sureties/bonds as required under this article;

(4) Provide a draft of the proposed deed of dedication to the Township for review;

(5) All fees and costs for the Township Engineer, Township Solicitor, and Centre County must be paid in full; and

(6) All prerequisites listed herein shall be submitted by August 1.

B. Acceptance of road not guaranteed. Acceptance of road offered for dedication is in the sole discretion of the Board of Supervisors. Compliance with the requirements of this article does not guarantee acceptance of an offer of dedication.