[HISTORY: Adopted by the Board of Supervisors of the Township
of Potter as indicated in article histories. Amendments noted where
applicable.]
[Adopted 6-10-1974 by Ord. No. 2-1974 (Ch. 21, Part 1, of
the 1998 Code of Ordinances)]
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.
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.
A permit shall be issued to the applicant after all the aforementioned
requirements have been filed.
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.
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.
[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.
[Adopted 3-16-1998 by Ord. No. 2-1998 (Ch. 21, Part 2, of
the 1998 Code of Ordinances)]
A.Â
Authorization and application.
(1)Â
This article is authorized by Section 503 of the Pennsylvania Municipalities
Planning Code, 53 P.S. 10503.
(2)Â
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.Â
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.Â
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.Â
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.
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.Â
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.Â
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.
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.Â
Street classification system.
(1)Â
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)Â
An arterial is a high-volume street that should have no residences
accessing directly onto it.
(b)Â
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)Â
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)Â
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)Â
The following are special types of streets:
(a)Â
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)Â
Partial or half streets. Streets generally parallel and adjacent
to a property line having a right-of-way width less than the required.
(c)Â
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)Â
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)Â
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.
|
B.Â
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.Â
General street layout and naming of streets.
(1)Â
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)Â
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)Â
Streets being offered for dedication must meet PennDOT and Township
requirements for liquid fuel allocation.
(4)Â
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)Â
Streets located in floodplain or flood-prone areas shall meet the standards of the Township Floodplain Ordinance (Chapter 96).
(6)Â
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)Â
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)Â
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)Â
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)Â
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)Â
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)Â
Proposed streets which are obviously in alignment with others
already existing and named shall bear the names of the existing streets.
(13)Â
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.Â
Partial, half, dead-end and cul-de-sac streets.
(1)Â
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)Â
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)Â
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)Â
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)Â
Cul-de-sac streets designed to be permanent shall meet the following
requirements:
(a)Â
The street shall terminate in a turnaround of the same construction
material as the cartway.
(b)Â
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)Â
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)Â
Cul-de-sac streets shall not exceed 750 feet in length.
[Amended 12-12-2005 by Ord. No. 2-2005]
(f)Â
The maximum number on a cul-de-sac shall be three.
[Added 12-12-2005 by Ord. No. 2-2005]
(6)Â
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.Â
Private streets.
(1)Â
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)Â
When the private streets shall serve not more than five lots
and a complete private right-of-way agreement is obtainable.
(b)Â
When the adjoining landowners agree that the street shall not
be dedicated but shall be maintained by the adjoining landowners.
(c)Â
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)Â
Where the adjoining landowners agree on a procedure for future
dedication of the street as a public street.
(e)Â
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)Â
Where said street is described and laid out in conformity with
all the requirements of this subsection.
(g)Â
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)Â
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)Â
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)Â
The minimum right-of-way width shall be 50 feet. The minimum
cartway width shall be 18 feet.
(b)Â
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)Â
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.
(e)Â
Building setback lines shall be located as provided in the Township
zoning regulations.
(f)Â
A notation shall be placed on the final plan identifying the
right-of-way as "private."
(g)Â
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.Â
Rights-of-way.
(1)Â
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.
(3)Â
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.Â
Private driveway access easements.
(1)Â
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)Â
Private driveway access shall be permitted to private streets when said streets are permitted under Subsection E.
(b)Â
Private driveway access over lands of another shall be permitted
where:
(2)Â
The requirements for the private driveway access agreement are as
follows:
(a)Â
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)Â
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)Â
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)Â
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)Â
The private driveway access must be constructed and found acceptable
by Township review and inspection prior to final plan approval.
H.Â
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)Â
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)Â
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)Â
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)Â
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)Â
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)Â
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.Â
Intersections, sight distances.
(1)Â
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)Â
No more than two streets shall intersect at the same point.
(3)Â
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)Â
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)Â
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)Â
At intersections, all earth banks and vegetation shall be cut and removed when such will impede vision between the height of 2Â 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)Â
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.
J.Â
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)Â
Storm sewers.
(a)Â
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)Â
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)Â
Storm sewers constructed in areas susceptible to sinkhole formation
shall have watertight joints to prevent exfiltration of stormwater
into the surrounding soil.
(d)Â
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)Â
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)Â
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)Â
All storm sewer systems shall be constructed in accordance with the
specifications contained in PennDOT Publication 408.
K.Â
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.Â
Trees. Street trees may be installed within street rights-of-way.
(1)Â
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)Â
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)Â
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)Â
Existing trees within the proposed right-of-way may be retained,
provided the location and species requirements specified above are
not violated.
(5)Â
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.
A.Â
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.Â
Plan content requirements. The requirements of plan content are given
in Appendix B.
C.Â
[1]
Editor's Note: Table 2 is included at the end of this chapter.
D.Â
Vertical alignment.
(1)Â
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)Â
The minimum grade on all local streets shall be 1%. The maximum grade on any street shall be as listed in Table 2.
(3)Â
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.Â
Horizontal alignment.
(1)Â
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.
F.Â
Street layer thickness and material design.
(1)Â
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)Â
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.Â
H.Â
Structures.
(1)Â
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)Â
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)Â
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)Â
The minimum width criteria and minimum design load structural capacities
for bridges shall be as indicated in the applicable design criteria
charts.
(5)Â
For guidance on the retention of narrow bridges, refer to the Department's
Design Manual, Part 2, and Design Manual, Part 4.
I.Â
Curb and curb gutter.
(1)Â
Curbs may be installed on public streets in lieu of shoulders. Requirements for shoulders are given in Subsection K(1).
(2)Â
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)Â
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)Â
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)Â
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.Â
Sidewalks.
(1)Â
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)Â
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)Â
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)Â
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)Â
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)Â
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)Â
Sidewalks shall not exceed 7% grade. All sidewalks and ramps having
slopes greater than 5% shall be designed in accordance with ADA guidelines.
K.Â
L.Â
Test borings. All test holes and boring in the right-of-way shall
be immediately restored to its prior condition.
M.Â
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.Â
Streetlighting.
(1)Â
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)Â
At all new intersections in commercial and industrial areas.
(b)Â
At all new intersections in existing arterial or collector streets.
(c)Â
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)Â
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)Â
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.
A.Â
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.Â
Excavation.
(1)Â
This work shall include excavation for roadways, shoulders, ditches,
drainage structures, structures and stream channels.
(2)Â
During construction, excavation shall be graded to drain.
(3)Â
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.Â
Embankment.
(1)Â
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)Â
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)Â
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.Â
Subgrade.
(1)Â
Refer to PennDOT Publication 408 for subgrade requirements, including
compaction, density and test requirements.
(2)Â
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)Â
Subgrade shall be inspected and approved by the Township before placing
of subbase.
(4)Â
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)Â
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)Â
All unsuitable material which will not compact satisfactorily shall
be removed and replaced with suitable material.
(7)Â
All large rocks, boulders or ledges shall be broken off six inches
below the improved subgrade surface.
(8)Â
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.Â
Subbase.
(1)Â
Refer to PennDOT Publication 408 for material, placement, compaction,
density and test requirements.
(2)Â
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)Â
Subbase shall be inspected and approved by the Township before placing
base material.
F.Â
Paving.
(1)Â
Bituminous concrete base course (BCBC).
(a)Â
The bituminous material shall be Class AC-20 as specified in
PennDOT Publication 408. Aggregates shall conform to PennDOT Publication
408.
(b)Â
Construction shall meet the requirements of PennDOT Publication
408.
(c)Â
Bituminous concrete base course shall be approved by the Township
prior to placement of the wearing course.
(2)Â
Bituminous wearing course.
(a)Â
Bituminous material shall conform to PennDOT Publication 408.
Skid-resistance level shall be as required by PennDOT Pavement Design
Manual, Publication 242.
(b)Â
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.
H.Â
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)Â
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)Â
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)Â
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.Â
Sidewalks. Cement concrete sidewalks.
(1)Â
Refer to PennDOT Publication 408.
(2)Â
Cement concrete material shall conform to PennDOT Publication 408
for Class A concrete.
(3)Â
Construction shall conform to PennDOT Publication 408, except that
aggregate for bed shall be four inches deep.
(4)Â
Joints shall be proved in accordance with good construction practice.
J.Â
Drainage control. Drainage control shall be implemented according to the requirements of § 177-9J.
K.Â
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.
A.Â
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.Â
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.Â
The contractor shall not, under any circumstances, proceed with subsequent
stages of construction until written authorization to proceed is given
by the Township.
D.Â
Final inspection of road shall occur just prior to acceptance by
the Township to assure that it meets the standards and the specifications
herein.
A.Â
Permits.
(1)Â
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)Â
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)Â
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.
B.Â
Design standards.
(1)Â
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)Â
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)Â
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.
[1]
Editor's Note: Figures referenced in this subsection are included
at the end of this chapter.
(2)Â
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)Â
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)Â
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)Â
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)Â
No driveway shall be closer than five feet to a fire hydrant, catch
basin or drain inlet.
(7)Â
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)Â
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)Â
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)Â
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)Â
In driveways where pavement is installed, the same type of pavement
shall be extended to the edge of the street cartway.
(12)Â
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)Â
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)Â
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)Â
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)Â
The sight distances in Tables 7a and 7b apply only when highway
grades are 0% to 5%, either up or down.
[1]Â
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]Â
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)Â
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:
(e)Â
If sight distance requirements as specified in this section
cannot be met, the Township may:
[1]Â
Prohibit left turns by exiting vehicles;
[2]Â
Restrict turning movements to right turns in and out of a driveway;
[3]Â
Require installation of right-turn acceleration lane or deceleration
lane;
[4]Â
Require installation of a separate left-turn standby lane;
[5]Â
Alter the horizontal or vertical geometry of the roadway; or
[6]Â
Deny access to the highway.
[2]
Editor's Note: Tables 7a through 7d are included at the end
of this chapter.
(14)Â
Grade of driveways shall be constructed in the following manner:
(a)Â
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)Â
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)Â
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)Â
Side slopes for driveway embankments within the right-of-way
shall be no steeper than two horizontal to one vertical.
A.Â
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.Â
Removal of droppings and deposits.
(1)Â
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)Â
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.Â
Insurance.
(1)Â
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)Â
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)Â
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.Â
Performance bonds.
(1)Â
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.
E.Â
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.Â
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.Â
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)Â
A final inspection report is prepared by the Township Engineer.
(2)Â
All inspection fees are paid.
(3)Â
Compliance with liquid fuel tax requirements has been demonstrated.
(4)Â
A maintenance bond is posted.
(5)Â
A deed of dedication is provided.
(6)Â
All other matters relating to the construction of said street(s)
are resolved.
H.Â
Associated fees.
(1)Â
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)Â
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.
A.Â
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.Â
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.Â
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.Â
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.Â
Permits and bonds for heavy vehicles.
(1)Â
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)Â
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)Â
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)Â
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)Â
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.
A.Â
Waivers.
(1)Â
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)Â
The Township Engineer shall review the request for waiver and shall
report thereon in writing to the Township his recommendations.
(3)Â
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)Â
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.Â
Waivers because of hardship.
(1)Â
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)Â
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.
A.Â
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.Â
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.Â
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.Â
Magisterial District Judges shall have initial jurisdiction over
proceedings brought under this section.
[Amended 12-12-2005 by Ord. No. 2-2005]
The following words and phrases shall have the meaning used
in this article:
Average daily traffic on a street.
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.
A landowner or developer, as hereinafter defined, who has
filed an application for development, including his heirs, successors
and assigns.
(In section on intersections).
Material used to replace or the act of replacing material
removed during construction.
The layer or layers of specified or selected material of
designed thickness placed on a subbase or a subgrade to support a
surface course.
Bituminous concrete base course meeting requirement set forth
in PennDOT Publication 408.
Asphaltic concrete.
A type of street having the opposing travel lanes separated
by a landscaped median.
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.
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.
The portion of a street right-of-way designed or intended
for vehicular use.
A line running parallel to and equidistant from both sides
of a street.
Cement concrete meeting the requirements set forth in Publication
408.
A street intersecting another street at one end and terminating
in a vehicular turnaround at the other end.
A curved curb or edge of paving connecting the intersecting
tangents of two streets or driveways.
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.
A street with only one vehicular traffic outlet.
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.
The Pennsylvania Department of Transportation (PennDOT).
A Department publication containing the Department's
highway design criteria.
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.
A corridor which provides motor vehicular access from a street
into or across a lot.
A licensed professional engineer registered by the Commonwealth
of Pennsylvania.
The removal of soil, stone and other surface materials by
the action of natural elements.
Any act by which earth, sand, gravel, rock or any similar
material is dug into, cut, quarried, uncovered, removed, displaced,
relocated or bulldozed.
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.
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.
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.
A surface which limits the penetration of water into the
ground.
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.
See "Pennsylvania Municipalities Planning Code."
A professional engineer licensed as such in the Commonwealth
of Pennsylvania, duly appointed as the engineer for a municipality,
planning agency or planning commission.
Act of 1968, July 31, P.L. 805, as amended (53 P.S. § 10101
et seq.).
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.
Roads or streets of the state highway system, Township roads
or other public highways, as defined by the Pennsylvania Vehicle Code.[1]
A Department publication containing the Department's
highway construction specifications, as supplemented.
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.
A pavement structure which distributes loads to the subgrade,
having as one course a portland cement concrete slab of relatively
high bending resistance.
A material meeting PennDOT specifications in Publication
408.
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.
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.
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.)
ARTERIALA 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.
COLLECTORSThe 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.
LOCAL STREETSSometimes called streets. The local street usually carries no through traffic and includes short streets, culs-de-sac and courts.
MARGINAL ACCESS STREETStreets which are parallel and adjacent to arterial or limited access streets and which are intended to provide access to abutting properties.
PARTIAL or HALF STREETSStreets, generally parallel and adjacent to a property line, having a right-of-way width less than that required.
PRIVATE or NONPUBLIC STREETAll 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.
PUBLIC STREETStreets ordained or maintained or dedicated and accepted by the Township, the county, the state or the federal government and open to public use.
SERVICE STREETA street parallel to a collector, subcollector or local street to provide access to abutting properties.
SUBCOLLECTORSRelatively low-volume streets which provide frontage and access to residential lots, but also carries some through traffic to lower-order (local streets).
The layers of specified or selected material of designed
thickness placed on a subgrade to support a base course.
The top surface of a roadbed upon which the pavement structure
and shoulders, including curbs, are constructed.
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."
An application of bituminous material to an existing surface
to provide bond with a superimposed course.
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.
[Added 12-12-2005 by Ord. No. 2-2005]
A.Â
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.Â
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.
[Added 12-12-2005 by Ord. No. 2-2005]
A.Â
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)Â
Have the road constructed to the standards listed in this article;
(2)Â
Have the road inspected and approved by the Township Engineer and
Township Road Superintendent;
(3)Â
Obtain all sureties/bonds as required under this article;
(4)Â
Provide a draft of the proposed deed of dedication to the Township
for review;
(5)Â
All fees and costs for the Township Engineer, Township Solicitor,
and Centre County must be paid in full; and
(6)Â
All prerequisites listed herein shall be submitted by August 1.
B.Â
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.