Township of Millcreek, PA
Erie County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Supervisors of the Township of Millcreek as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Public and private improvements — See Ch. 29, Part 2.
Nuisances — See Ch. 40, Art. II.
Stormwater management — See Ch. 116.
Subdivision and land development — See Ch. 125.
Zoning — See Ch. 145.
[Adopted 10-5-2010 by Ord. No. 2010-10]

§ 121-1 Title, purposes and application.

A. 
Common title. This article shall be known as the "Millcreek Township Sidewalk Ordinance."
B. 
General purposes. The general purposes of this article are to:
(1) 
Further the general intention of the Township that pedestrian circulation be directed off from streets and highways, to encourage passive recreation and to serve the public health and safety.
(2) 
Establish and reference regulations requiring the construction, maintenance and repair of sidewalks to provide a clear statement of applicable regulations.
(3) 
Ensure that property owners construct and maintain sidewalks when they are required to do so.
(4) 
Establish a process for implementation and administration of applicable regulations.
C. 
Application.
(1) 
This article is not intended to amend, modify or supersede the provisions of the Chapter 125, Subdivision and Land Development, and Chapter 145, Zoning, insofar as said ordinances require or pertain to sidewalks, and is not intended to amend, modify or supersede provisions of Chapter 29, Code Enforcement, Part 2, Public and Private Improvements, insofar as it pertains to standards governing design, construction and inspection of sidewalks.
(2) 
This article is intended to define those situations, not addressed in other ordinances, in which construction of sidewalks are required and to address other matters not specifically determined in the other ordinances.
(3) 
Where construction of sidewalks is required solely by Chapter 145, Zoning, and the property is not involved in a subdivision or land development, any request for grant of variance relief shall be submitted to the Zoning Hearing Board. In all other situations, the Board of Supervisors shall hear and determine any and all requests for modification or deferral of sidewalk regulations and/or for variance relief from said regulations.

§ 121-2 Definitions.

A. 
General words and phrases used in this article shall be given their common and ordinary meaning.
B. 
Where a word or term is not defined in this article, it shall be defined in accordance with definitions established in the Second Class Township Code,[1] the Municipalities Planning Code,[2] Chapter 125, Subdivision and Land Development, Chapter 145, Zoning, Chapter 29, Code Enforcement, Part 2, Public and Private Improvements, or in other applicable law or ordinance, as now existing or as may be amended in the future.
[1]
Editor's Note: See 53 P.S. § 65101 et seq.
[2]
Editor's Note: See 53 P.S. § 10101 et seq.
C. 
The following words and phrases, when used in this article, shall have the meanings ascribed to them in this section, except in those instances where the context clearly indicates a contrary intention:
APPLICANT
Any person who makes application for a permit.
COST
Actual expenditures incurred by the Township for labor, equipment, materials and contractors or subcontractors, and shall include all overhead and fringe benefits.
EMERGENCY
Any condition constituting a clear and present danger to life or to property by reason of escaping gas, exposed wires or other breaks or defects in the user's line.
INSPECTION FEE
A fee paid by the permittee to the Township to defray sidewalk placement, construction or reconstruction inspection costs.
PERMIT FEE
A fee paid by the permittee to Millcreek Township to cover the cost of issuing, processing and filing a sidewalk construction or reconstruction permit, as established by this article or by resolution of the Board of Supervisors.
PERMITTEE
Any person who has been issued a permit and has thereby agreed to fulfill all of the provisions of this article.
PERSON
Any natural person, partnership, firm, association, corporation or utility.
PUBLIC AND PRIVATE IMPROVEMENTS CODE
Chapter 29, Code Enforcement, Part 2, Public and Private Improvements, of the Code of the Township of Millcreek, as amended.
PUBLIC UTILITY
Any utility company franchised by the Public Utility Commission of the Commonwealth of Pennsylvania and shall include any corporate authorities of Millcreek Township.
SIDEWALK
Shall be and defined as set forth in the Public and Private Improvements Code.
SIDEWALK AREA
That portion of the street right-of-way or other land reserved for sidewalks.
SUBDIVISION AND LAND DEVELOPMENT ORDINANCE
The Millcreek Township Subdivision and Land Development Ordinance, Ordinance No. 2006-9, as amended.[3]
WORKDAY
Normal business day for the Township government, on Mondays through Fridays, excepting designated holidays.
ZONING ORDINANCE
The Millcreek Township Zoning Ordinance, Ordinance Nos. 2, 100 and 74-29, as amended and restated in the future.[4]
[3]
Editor's Note: See Ch. 125, Subdivision and Land Development.
[4]
Editor's Note: See Ch. 145, Zoning.

§ 121-3 General regulations.

A. 
Sidewalks as a required improvement.
(1) 
Generally, sidewalks shall be constructed along the right-of-way line of streets as an improvement required in connection with a minor or major subdivision, a land development, establishment or redevelopment of a multifamily residential, commercial, industrial and/or institutional use and, where they currently or in the foreseeable future will connect with other sidewalks, single- and two-family residential developments involving construction of new buildings and/or substantial alteration or addition to existing buildings.
(2) 
Chapter 125, Subdivision and Land Development, Chapter 145, Zoning, Chapter 29, Code Enforcement, Part 2, Public and Private Improvements, Chapter 40, Conduct, Article II, Nuisances, and all other ordinances, resolutions and specifications referenced herein, as now in effect and as may in the future be amended, are incorporated by reference.
(3) 
As provided in Chapter 125, Subdivision and Land Development, sidewalks and pedestrianways are improvements required in subdivisions and land developments and their construction in such developments shall be the obligation of the developer subject to that ordinance, with financial security ensuring such construction being tendered and costs of inspection and administration thereof being paid by the developer as provided in that ordinance and in resolutions adopted to implement it.
(4) 
Sidewalks required as a "site improvement" or otherwise under Chapter 145, Zoning, shall constitute a required improvement in any application for zoning permit, construction permit and/or subdivision and/or land development approval.
(5) 
Where a residence or building is proposed to be constructed, substantially altered and/or substantially added to on a single lot and where not specifically required under other ordinances, sidewalks shall be constructed where such lot abuts or is proximate to one or more lots on which sidewalks have been constructed.
(6) 
If lots of record are assigned separate Erie County tax parcel designations under a subdivision waiver or other procedure and construction on one or more of the lots affected by that process is then proposed, the standards of Subsection A(5) shall govern; provided, that if any of said lots abuts or is proximate to one or more lots on which sidewalks have been constructed, sidewalk shall be constructed along all of said lots.
(7) 
Proximate. The Board of Supervisors shall have sole authority to determine whether a lot is proximate to another such as to require or excuse construction of sidewalks. In making such determination, if sidewalk has been constructed along any lot in the same block as any of the lots subject to a determination, such other sidewalk shall be deemed to be "proximate" to the lot(s) in question.
(8) 
Exception. The general rules set forth above shall not apply, and sidewalks shall not be required where a single- or two-family dwelling is to be constructed, reconstructed or altered on a lot in a recorded subdivision which was approved prior to August 1, 2002 and was developed without sidewalks being constructed by the developer or, through delegation, by lot owners as a required improvement under regulations then in effect. This exception does not apply to subdivisions which served only to create additional lots and as to which the developer did not construct improvements, such construction being deferred until development of the lots.
B. 
Property owner to construct sidewalks when required.
(1) 
Where sidewalks are required in connection with development, subdivision or otherwise under Township ordinances, it shall be the duty of all owners of lots or parcels of land abutting a public street or state highway in the Township of Millcreek, at their own expense, to construct and maintain in place convenient sidewalks in front of and adjoining their respective lots or parcels of land for the use of pedestrians.
(2) 
It shall be the concurrent duty of the contractor in charge of construction of any residence or improvement upon any lot or parcel of land abutting a public street or highway in the Township to construct sidewalks as herein provided.
(3) 
Notwithstanding provisions of Subsection B(1), where lots or parcels of land are established under a plan of subdivision or land development submitted to the Township for its approval, it shall be the obligation of the subdivider or developer to provide for the construction of sidewalks in front of and adjoining each respective lot within the subdivision or land development.
(a) 
To the extent authorized in Chapter 125, Subdivision and Land Development, and conditions imposed on plan approval, a subdivider or developer may be authorized to delegate to purchasers of lots within the subdivision or land development the duty of constructing sidewalks.
(b) 
No such delegation shall be authorized absent the express approval of the Board of Supervisors, which approval shall be conditioned upon the subdivider's or developer's entry into an appropriate written agreement assuring proper construction of sidewalks, financial security by the subdivider or developer for proper construction of all sidewalks and guarantee by the subdivider/developer of proper sidewalk construction.
(c) 
Delegation of the responsibility for construction of sidewalks in subdivisions and land developments shall not relieve the subdivider or developer of the obligation to ensure their proper and timely construction.

§ 121-4 Applications, permits, construction and inspections.

A. 
Permit required for construction or reconstruction of sidewalk.
(1) 
No person, firm or other entity shall construct or reconstruct any sidewalk within the right-of-way of a public street or highway in Millcreek Township without first obtaining a permit authorizing such construction.
(a) 
Where such sidewalk is to be located within the right-of-way of a local street, such permit shall be issued by Millcreek Township.
(b) 
Where such sidewalk is to be located within the right-of-way of a state highway, such permit shall be issued by PennDOT.
(2) 
A separate permit shall be required for the laying out of a sidewalk along and adjacent to each lot within a subdivision or land development unless the subdivider or developer will construct such sidewalks, in which event one permit shall be issued for the entire continuous length of sidewalk to be constructed by such applicant; provided, that if a subdivider or developer seeks such permit, the Township shall not authorize delegation of the sidewalk construction.
B. 
Permit and inspection fees.
(1) 
All persons, firms or entities required to construct a sidewalk under this article (or under an approved subdivision or development plan) within a street as to which Millcreek Township has jurisdiction shall pay a permit fee as established by resolution adopted by the Board of Supervisors from time to time.
(2) 
All persons, firms or entities desiring to reconstruct all or a portion of any sidewalk within a street as to which Millcreek Township has jurisdiction shall pay a permit fee as established by resolution adopted by the Board of Supervisors.
(3) 
A separate fee shall be payable for each permit required under § 121-3A.
(4) 
An applicant for a sidewalk permit shall also, upon application, pay a deposit in such sum as is required by resolution adopted by the Board of Supervisors to cover the permit fee and inspection fees as established, and as security for proper construction or reconstruction. Any excess remaining in the deposit after final inspection and certification of proper completion shall be refunded to the applicant.
(5) 
The Board of Supervisors is authorized by resolution adopted from time to time to modify the amounts of permit and inspection fees and deposits.
C. 
Specifications for construction, installation and inspections.
(1) 
Location and construction standards. All sidewalks shall be located and constructed as required under Chapter 125, Subdivision and Land Development, and Chapter 29, Part 2, Public and Private Improvements, as the same may in the future be amended or restated.
(a) 
Where, because of topography, grade or other physical conditions, the Board of Supervisors is satisfied that the public health and safety will be served thereby, a required sidewalk can be located, wholly or in part, outside of the street or highway right-of-way, so long as the owner on the development plat or otherwise in a document to be recorded, grants to the public a permanent easement for pedestrian access to and across such sidewalk area.
(2) 
Applicant must obtain construction standards. All applicants for a sidewalk construction or reconstruction permit shall be obligated to obtain from the Township Engineer or PennDOT, as the case may be, existing specifications, and to follow such specifications in all respects.
(3) 
Inspections and prior notice. An applicant granted a sidewalk construction or reconstruction permit shall be obligated to notify promptly the Township's designated inspector prior to actual laying of sidewalks, so that inspection thereof can be made. Any applicant failing to notify the inspector in order to request an inspection prior to laying of a sidewalk shall assume all risks of improper construction.
(4) 
Restoration of disturbed areas. An applicant shall be responsible for restoring all areas excavated during the sidewalk construction or reconstruction, as required by Township specifications.
(5) 
Final inspection required. When an applicant believes sidewalk construction or reconstruction and all restoration work has been completed, the applicant shall notify the Township's inspector and request a final inspection.
D. 
Compliance with regulations for handicapped person access.
(1) 
All sidewalks at intersections of public streets or highways in the Township which are being constructed, reconstructed or altered for any reason shall provide access for physically handicapped persons in accordance with specifications therefor on file with the Township Engineer or as established by applicable federal, state or local regulation.
(2) 
All sidewalks shall be constructed, reconstructed and/or maintained in accordance with applicable federal, state or local regulations with regard to access for physically handicapped persons.
E. 
Safety precautions; lights and barricades.
(1) 
When any portion of a public street's right-of-way is used under any permit, applicant shall assure conspicuous placement in the excavation or work area of a sufficient number of red lanterns or lights from dark until sunrise every night, to render the work area perfectly safe.
(2) 
An applicant shall be responsible for the proper and safe performance of the construction or reconstruction, and for protecting against injury to person or damage to property which might result from the work.
(3) 
Any excavations shall be protected by a guard rail or fence sufficient to protect against personal injury or property damage.
F. 
Improper construction; laying with improper grade or slope.
(1) 
Any sidewalk which is laid or relaid in violation of or in nonconformity with Township or other applicable specifications governing the grade, materials, location, width or manner of construction is declared to constitute a violation of this article.
(2) 
Any sidewalk which is laid or relaid in violation of or in nonconformity with Township specifications governing the grade, materials, location, width or manner of construction is declared to constitute a public nuisance, as the term is defined in and subject to the provisions of Chapter 40, Conduct, Article II, Nuisances, of the Code of the Township of Millcreek.

§ 121-5 Abutting owners responsible for care, condition and maintenance.

A. 
The owners of all properties which abut a street or state highway within whose right-of-way a sidewalk has been constructed shall be responsible for the proper care, maintenance and condition of said sidewalk. The owner's duty shall extend but not be limited to removal of snow, ice, debris or obstructions and to repair, reconstruction and replacement as necessary to ensure that said sidewalks are in reasonably good and safe condition for the use of pedestrians.
B. 
From and after the effective date of this article, owners of properties abutting a sidewalk within the right-of-way of a street or state highway shall be responsible for ensuring that the abutting sidewalk area is not blocked or obstructed.
C. 
Millcreek Township shall not be responsible for the construction, reconstruction, maintenance, condition or repair of any sidewalk within the right-of-way of a street or state highway absent a written agreement or order of a court or agency having appropriate jurisdiction which provides to the contrary.
D. 
Any placement of a facility of a public utility within a sidewalk area shall be subject to applicable federal, state and local regulations, and Millcreek Township shall not have any responsibility as to the location or condition of said facility.

§ 121-6 Administration.

A. 
Administration generally.
(1) 
Whenever a sidewalk is or is to be constructed, reconstructed or altered by the owner of the lot or parcel of land along which it is to extend independently of the obligations of a subdivider or land developer under an approved plan, the Code Administrator shall receive and issue permits and enforce the provisions of this article.
(2) 
Whenever a sidewalk is or is to be constructed or reconstructed as a condition of approval of a subdivision or land development plan, the Code Administrator shall assist in administration if and to the extent permits are required due to delegation of the responsibility for sidewalk construction, and the Township Engineer shall otherwise be authorized to receive permits, administer regulations and enforce obligations imposed under this article, Chapter 125, Subdivision and Land Development, or other governing ordinance, as may in the future be amended.
B. 
Modifications and variances.
(1) 
Submission of request.
(a) 
Where a sidewalk is required as an improvement to a lot established in a subdivision or land development under Chapter 125, Subdivision and Land Development, any request for modification or variance from regulations in that ordinance or in this article must be submitted by the applicant contemporaneously with the plan application and shall be considered by the Board of Supervisors as it acts upon the plan application.
(b) 
Where a sidewalk is required solely under Chapter 145, Zoning, or this article, any request for modification or variance from regulations must be submitted by the applicant contemporaneously with submission of an application for zoning permit, sidewalk permit or other requisite permit.
(c) 
Unless an applicant can establish that a request results only from conditions that did not exist and could not reasonably have been foreseen at the time of the plan or permit application and does not result from self-inflicted hardship or acts or omissions of the developer or owner, no request for modification or variance submitted other than as required above shall be considered.
(2) 
Modifications. Where deemed necessary and appropriate, the Board of Supervisors may grant a modification from the general regulations in circumstances in which sidewalk construction is necessary or appropriate, but some modification of a general regulation will best protect the public health and safety in a reasonable manner. Modifications may involve a deferral or nonsubstantial alteration of the manner or location of constructing sidewalks. Deferral of the duty to construct sidewalks shall be allowed only where security to ensure future construction is provided.
(a) 
Deferral of construction. If applicable regulations would require construction of sidewalks but an applicant for relief establishes that proper cause for deferring actual construction exists, the Board may defer the time of construction of sidewalks so long as it ensures proper security for construction of sidewalks at such time as the period of deferred construction expires. The burden of establishing cause for a deferral is on the applicant and deferral should be allowed only where future circumstances likely would be materially different than those existing at the time of the Board's action.
(b) 
Other modifications, in appropriate circumstances, may include design, location wholly or partially outside a right-of-way and other relief which does not extend to relieving compliance with the requirement of construction. Cost is not a ground for a modification.
(3) 
Variances. A variance from the requirement that sidewalks be constructed shall be granted only when it is determined that strict enforcement of the general regulation, as applied to the location and/or the physical conditions of the affected property, would not serve the interests of the public safety and/or would create potential risks of harm.
(a) 
Application for variance. An applicant seeking variance relief must submit such request in writing at the time of submitting an application for plan approval or permit as to which such request pertains. Such request must state all reasons supporting applicant's request. In no event shall a variance be granted after approval of a plan or issuance of a permit requested by that party.
(b) 
Fee. An applicant for variance shall tender the same fee due under resolution for appeals to the Board of Supervisors.
(c) 
Cost not a ground for relief. The cost of constructing and/or maintaining sidewalks shall not be considered a proper ground for requesting or granting variance relief.
(4) 
Standards for grant of variance relief.
(a) 
The allowance of variance relief is not intended and shall not be applied to evade or limit the general requirement in this and other ordinances that sidewalks be constructed.
(b) 
Variance relief from the obligation to construct and maintain sidewalks may be granted where an applicant establishes that any of the following circumstances exist and such circumstances are such that requiring construction of sidewalks would not serve the intended public purpose, would create significant risk of harm or injury and/or would result in sidewalk being constructed that would not, in the future, extend to other sidewalk and that such findings result from unique conditions and not from general application of the regulation:
[1] 
Where, because of grade, slope, topography or other physical conditions, construction of a sidewalk would not feasibly serve the intended purpose of facilitating safe pedestrian circulation off of a street or highway.
[2] 
Where a subdivision creates three or fewer lots, none of which abuts or is likely in the future to abut another lot on which a sidewalk has been or likely would in the future be constructed; provided, that in such event, future subdivision of said lots shall be prohibited; such prohibition shall be stated on the plan of subdivision as recorded and such relief would be rescinded in the event of a future subdivision.
[3] 
Where a subdivision includes streets and sidewalks constructed within its boundaries and abuts another, preexisting street whose grade, slope or topography is such that requiring construction of sidewalks along it would create a potentially unsafe condition and/or be unlikely to connect to current or prospective future sidewalks.
[4] 
Where the Board of Supervisors concludes that requiring construction of a sidewalk would not serve the public purposes of the requirement in view of future development patterns, absence of sidewalks in the vicinity and/or physical conditions as described in Subsection B(4)(b)[3], above.
(5) 
A condition or situation created by the applicant or otherwise within the applicant's control shall be considered a self-created hardship, which generally shall preclude the grant of variance relief.
(6) 
The Board of Supervisors (or, as applicable, the Zoning Hearing Board) shall have authority to impose such conditions on the grant of variance relief as it believes are necessary and appropriate in the circumstances.
(7) 
Where it is determined that proper cause for grant of variance relief exists, the variance relief granted shall be limited to such extent as is necessary to address the causes found to exist which justify relief.
(8) 
The applicant and all grantees and successors of the applicant shall be responsible for complying with all conditions imposed on the grant of relief.

§ 121-7 Violations and penalties; enforcement.

A. 
Violation. Any violation of this article shall give rise to an action for enforcement, in accordance with this article, the Second Class Township Code[1] and applicable Township ordinances governing enforcement of ordinances.
[1]
Editor's Note: See 53 P.S. § 65101 et seq.
B. 
Penalties for violation; enforcement.
(1) 
In the event a violation cited is not remedied after issuance of an administrative enforcement notice, a person found in a civil action instituted by the Township to have violated this article shall be subject to the civil fines as prescribed in this section for each violation and for each day such violation(s) continue, plus all costs and plus all attorney's fees incurred by the Township, in accordance with Chapter 48, Enforcement and Collection Activities, Article II, Attorneys' Fees, as amended.
(2) 
Any person, firm or other entity who fails to apply for and obtain a permit required under § 121-4A, to comply with inspection requirements under § 121-4B or to properly maintain an existing sidewalk as required under §§ 121-4D and 121-5A of this article shall violate this article and, upon such determination by the District Magisterial Judge, shall be obligated to pay a civil fine of $300.
(3) 
Any person, firm or other entity who violates any other provision of this article shall, upon determination of violation by the District Magisterial Judge, pay a civil fine of $600 upon a finding of violation;
(4) 
Each day a violation of this section occurs shall be deemed a separate violation, and shall subject the violator to a fine or penalty for each day a violation continues.
(5) 
Failure to construct and/or improper construction of sidewalks along lots within an approved subdivision or land development plan shall constitute a violation of and default under the subdivider's or developer's agreement and financial security tendered to the Township as security for construction of all required improvements. In such event, the Township Engineer and the Board of Supervisors shall exercise all remedies granted to the Township under the developer's agreement and/or financial security, including but not limited to ensuring proper construction of sidewalks and restoration of disturbed areas with the subdivider or developer thereafter obligated to pay all costs thereof, directly upon receipt of the Township's invoice or through exercise by the Township of rights against the financial security, as provided in Chapter 125, Subdivision and Land Development.
(6) 
Any sidewalk laid or relaid independently of an approved subdivision or land development which is constructed in disregard of or in nonconformity with established specifications, as a public nuisance, shall be abated by the Township in accordance with authority granted in Chapter 40, Conduct, Article II, Nuisances, of the Code of the Township of Millcreek, and the Second Class Township Code.[2] In the event the property owner shall fail to abate the nuisance and remedy all cited violations within 30 days after the date of the enforcement officer's notice of violation, the Board of Supervisors shall authorize removal of defective sidewalk and its proper replacement. In that event, all costs and expenses incurred by the Township in removing and replacing the defectively constructed sidewalk, together with all attorneys' fees, engineering and inspection fees and other costs incurred by reason of the default and enforcement or collection measures, shall be paid by the property owner and collected either under the Municipal Claims Act[3] or by a civil action.
[2]
Editor's Note: See 53 P.S. § 65101 et seq.
[3]
Editor's Note: See 53 P.S. § 7101 et seq.
(7) 
The Code Administrator and Township Engineer are authorized to enforce this article, and to exercise all remedies authorized under this article, Chapter 125, Subdivision and Land Development (including remedial actions), and/or under other applicable Township ordinances, as may in the future be amended. The Treasurer is authorized to issue all assessments authorized under this article, and the Solicitor shall cause to be filed and enforced all liens and claims filed as to unpaid assessments and participate as necessary in civil enforcement actions.
[Adopted 5-12-2015 by Ord. No. 2015-6[1]]
[1]
Editor's Note: This article also repealed original Arts. I, Electric Power Transmission Lines in Residential Districts, adopted 8-8-1960 by Ord. No. 60-12; Art. II, Structures in Road Ditches, adopted 8-20-1962 by Ord. No. 62-12; Art. III, Street Excavations and Restoration, adopted 11-22-1965 by Ord. No. 65-19; amended in its entirety 5-1-1989 by Ord. No. 89-9 and Art. IV, Road Permit, adopted 6-17-1974 by Ord. No. 74-12.

§ 121-8 Common name.

This article shall be known as the "Excavations Within Rights-of-Way Ordinance."

§ 121-9 Definitions.

A. 
Terms defined elsewhere. This article intentionally does not include definition of terms that are established in the Pennsylvania Municipalities Planning Code,[1] Chapter 125, Subdivision and Land Development, the Chapter 29, Part 2, Public and Private Improvements, and Chapter 116, Stormwater Management. Where not defined in this article, definitions of terms adopted in the Municipalities Planning Code and the ordinances referenced above are expressly adopted and shall control.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
B. 
Undefined terms. Where not defined in this article or in the statute and ordinances referenced in Subsection A or in other applicable Pennsylvania statutes or Township ordinances, terms shall be given their common or ordinary meaning.
C. 
Definitions. As used in this article, the following terms shall have the meanings indicated below:
APPLICANT
Any person who makes application for a permit.
COST
Actual expenditures incurred by the Township of Millcreek (Township) for labor, equipment and materials, including all personnel costs, fringe benefits and overhead.
DEGRADATION FEE
A fee paid by the permittee to the Township to defray a percentage of the costs for resurfacing and reconstructing of Township streets resulting from the depreciation of streets associated with street openings.
EMERGENCY
Any condition constituting a clear and present danger to life or property by reason of escaping gas, exposed wires or other breaks or defects in the user's line.
INSPECTION FEE
A fee paid by the permittee to the Township to defray street opening inspection costs. As with all other fees referred to in this article, the nature and amount of the fee shall be established and may be changed from time to time by resolution of the Board of Supervisors.
PERMIT FEE
A fee paid by the permittee to the Township to cover the cost of issuing, processing and filing the street excavation permit.
PERMITTEE
Any person who has been issued a permit and has agreed to fulfill all provisions of this article.
RESURFACE
A process which provides a new wearing surface in a certain paved street cartway area with the same material that was existing prior to excavation.
SIDEWALK AREA
That portion of a street right-of-way reserved for sidewalks.
STREET
The entire right-of-way of a public street, public highway, public alley, public avenue, public road or public easement within the Township limits.
TOWNSHIP ENGINEER
The Township Engineer or his or her designee(s).
USER
The public utility, municipal corporation, municipal authority, or other person who or which, uses a line to provide service to one or more consumers.
WORKDAY
Normal business day for the Township government including Monday through Friday, except designated holidays.

§ 121-10 Permit required and emergency openings.

A. 
No person, firm or corporation shall enter upon or occupy any public right-of-way within the Township for the purpose of making an excavation or opening and/or to construct, install, repair and/or reconstruct any storm sewer or driveway culvert in or under any public right of-way without first having obtained a permit from the Township to do so. The permit shall be granted by the Township Engineer and shall be conditioned upon the permittee agreeing to faithfully comply with each and every provision of the rules and regulations governing this type of work.
B. 
A municipal authority making or causing an excavation or opening to be made and/or engaging in sewer construction work in any public right-of-way shall obtain a feeless permit prior to such work. All applicable laws, ordinances and regulations governing such work shall apply.
C. 
Any person working in the vicinity of a Township street who in any manner disturbs or who in any manner causes damage to a street shall be required by this article to obtain a permit and correct this damage in accordance with the standards of the Township Engineer. Street opening permits are not required from persons excavating adjacent to the cartway for the purpose of installing or replacing sidewalks, provided a sidewalk permit has been obtained prior to such work.
D. 
All contractors performing work under contract for the Township or any municipal authority shall obtain the street excavation permit for street opening work.
E. 
If street openings or sewer repairs are necessitated by emergencies, street opening permits shall be obtained on the first regular business day on which the office of the Township is open for business, and such permit shall be retroactive to the date when the work was begun. Emergency work shall not serve to relieve anyone from compliance with the rules and regulations governing this type of work.
F. 
A person performing street openings and/or sewer repairs for an emergency shall verify the emergency nature of the circumstance in writing to the Township Engineer within five days after such emergency on the street cut opening application.
G. 
For work on PennDOT highways within the Township limits, no Township street excavation permit is required, but a PennDOT permit is required.

§ 121-11 Storm sewer construction and installation.

A. 
General requirements and construction standards in the Public and Private Improvements Code (PPIC) shall apply as to all plans, design and construction of storm sewers. Storm sewers and sanitary sewers shall be deemed public and/or private improvements governed by the PPIC and by this article.
B. 
All plans, profiles, construction and installation of all storm sewers shall comply with and be carried out and completed in accordance with design and construction standards and regulations as adopted by the Township and then in effect.
C. 
No person shall commence any installation or construction of storm sewers without first submitting plans and profiles therefor to the Township Engineer and securing the Engineer's approval and issuance of the requisite permit(s).
D. 
Any person engaged in construction and installation shall comply with requirements in the PPIC as to notices to the Township Engineer, these including but not limited to giving at least two business days' notice prior to commencing work.
E. 
No sewer construction shall be conducted without proper notice to the Township Engineer. No storm sewer shall be covered over until such sewer has been inspected by the Township Engineer and approved by the Township Engineer as meeting the Township's then-existing design and construction standards.

§ 121-12 Private drive culverts.

A. 
No person shall construct, maintain or allow to be constructed and/or maintained in any right-of-way any culvert, obstruction or structure without first obtaining a permit under this article. This regulation shall include but not be limited to piping.
B. 
Permits to construct, maintain or alter culverts and/or street ditches with structures of any type shall be issued by the Township Engineer upon application in accordance with this article and shall be issued or denied in compliance with rules and regulations relating thereto as adopted by the Board of Supervisors and amended from time to time.
C. 
Any person who has constructed and now maintains any obstruction or structure in any culvert or street ditch which is determined by the Township Engineer to impede the free flow of drainage waters, within 10 days after the date of receipt of written notice from the Township Engineer to do so, shall remove such obstruction or structure or replace the same by an adequate structure, upon application for and issuance of a permit in accordance with this article.

§ 121-13 Rules and regulations; authority of Township Engineer.

It shall be the duty and responsibility of the Township Engineer to prepare and administer the rules and regulations governing the making of openings in any right-of-way within the Township. These rules and regulations shall contain all necessary provisions to provide for the safety of the public during execution of the work and for the expeditious and permanent restoration of all disturbed pavement, sidewalk, driveway and lawn areas within the public right-of-way. The rules and regulations are incorporated herein by reference so as to become part of this article.

§ 121-14 Prerequisites to obtaining a permit.

Street opening permits shall only be granted upon compliance with the following express provisions:
A. 
A written application shall be filed with the Township Engineer for making all street openings or excavations and signed by the person desiring such permit. Such application shall set forth the purpose for which such excavation is to be made; the size and location of the same; the full scope of work to be included in the project; the date or dates during which such excavation is to be permitted; the date such excavation is to be backfilled and resurfaced in the manner hereinafter provided; and shall provide that the applicant will faithfully comply with each and every provision contained in this article. An applicant shall furnish two copies of a drawing of the proposed opening site upon request of the Township Engineer. Items required on the drawing shall be specified at the time of request.
B. 
Where the street opening permit is required for sanitary or storm sewer service purposes, the application shall be countersigned by the Township Engineer or someone authorized by him before the permit will be granted.
C. 
No permit shall be granted to any applicant unless the applicant has paid to the Township any and all money, then due to the Township, for prior excavations made or for any loss, damage or expense in any manner occasioned by or arising from the work done by the applicant under the provisions of this article.
D. 
Agree to save the Township, its officers, employees and agents from any and all costs, damages and liabilities which may accrue or be claimed to accrue by reason of such work to be done by the applicant under the provisions of this article. The acceptance of any permit under this article shall constitute such an agreement by the applicant, whether the same is expressed or not.
E. 
Properly executed certificates of insurance shall be filed with the Township Engineer and verify that the applicant is insured against claims for personal injury as well as against claims for property damages which may arise from or out of the performance of the excavation work, whether such performance be by the applicant or anyone directly or indirectly employed by him. The insurance company must have a financial rating of at least A-VII as defined by A.M. Best Company. Such insurance shall include protection against liability arising from completed operations, underground utility damage and collapse of any property. Liability insurance for bodily injury and property damage shall be an amount not less than $500,000 for each occurrence and $1,000,000 in the aggregate. Failure of an applicant to file a certificate of insurance shall be a sufficient reason for denying a permit. The applicant shall save and hold harmless the Township from any and all damages and liability by reason of personal injury or property damage arising from work done by the applicant under the provisions of this article. Liability insurance requirements for blasting may be obtained and blasting permits shall be obtained from the proper Township official.

§ 121-15 Fees.

A. 
A permit fee shall be paid to the Township prior to permit issuing. The inspection fee and degradation fee shall be paid when the work is completed, inspected and measured by the Township Engineer. The Township shall have the right to waive fees for contractors performing work under contract with the Township and/or a municipal authority.
B. 
Permit fees, inspection fees, degradation fees and the PennDOT occupation permit application fees shall be in the amounts established by resolution of the Board of Supervisors and amended from time to time.
C. 
Should work be completed or substantially commenced without a permit having been obtained, the fee shall be doubled in amount.
D. 
The degradation fee and inspection fee shall be calculated by actual measurement after the work is completed. The number of square yards computed for the inspection fee will be used on the actual size of excavation including any pavement that shall be removed to provide one-foot trench beyond the original trench wall.

§ 121-16 Cancellation of permit.

In all cases where a permit has been issued and the work set forth in such permit has not been completed within a period of 12 months, the permit becomes void, and the permit fee shall not be refunded.

§ 121-17 Suspension and/or revocation of permit.

A. 
All street opening permits are subject to suspension and/or revocation at any time by the Township Engineer after written notice for:
(1) 
Violation of any condition of the permit;
(2) 
Violation of any provision of this article or any other applicable ordinance or law relating to the work;
(3) 
The existence of any condition or the doing of any act constituting or creating a nuisance or endangering the lives or property of others.
B. 
Written notice of such violation shall be served upon the person to whom the permit was granted, or his agent or employee engaged in the work. Such notice shall also contain a brief statement of the reasons for suspending and/or revoking such permit. Notice may be given either by personal delivery thereof to the person to be notified or by United States mail, addressed to such person to be notified.
C. 
Where the Township Engineer determines that the violation or condition is capable of a prompt remedy by the permit holder, the Township Engineer may elect to suspend the permit until the cited violation has been rectified. Such a suspension shall be deemed a "stop-work order," such that the permit holder shall be prohibited from engaging in any work other than that required to cure the violation until such time as the Township Engineer, in writing, terminates the suspension.

§ 121-18 Time extension and fee.

A. 
A permit shall remain in effect for a period of 12 months. If the work is not completed in this time period, a new permit shall be obtained, and an additional permit fee shall be required.
B. 
No time extension shall be granted for a permit in which work has not started within this twelve-month period. A new permit shall be obtained if the same project location work is rescheduled.
C. 
Reasonable time extensions, but not longer than three months, for permitted work shall be granted when requested in writing and shall only be honored for those types of projects that commenced during the required twelve-month permit period and are of a size and scope that support an extension of time to complete.

§ 121-19 Backfilling, paving and restoration.

A. 
The permittee shall be responsible for backfilling and paving the opening and restoring the street surface to its original condition prior to the street cut and/or other excavation and work.
B. 
It shall be the duty of the permittee to restore any area excavated to its original condition. This shall include, but not be limited to, the replacement of pavement, sidewalks, driveways and landscaped areas.
C. 
The Township Engineer shall have the full authority to establish and update standards for paving the backfilled materials and associated procedures. Details specifying paving and backfill procedures and materials shall be obtained from the Township Engineer prior to any street opening work.

§ 121-20 Backfilling, paving and replacing surface by Township.

In case the work has not been completed before the date of expiration as shown on the permit, which time shall be fixed when the permit and/or time extension is granted, the Township Engineer may take steps to backfill the trench and replace the street surface over the opening for which the permit has been issued upon proper notification from the Township Engineer to the applicant. The Township shall invoice the permittee for all costs incurred by the Township in the performance of this work. Payment not made within 30 days will be chargeable against the posted bond including all fees and costs involved in the collection of this payment.

§ 121-21 Responsibility; extra inspectors and other rules.

A. 
The permittee shall be solely responsible for the excavation made by such party for backfilling and restoring the same and for all damages caused by the action of the permittee that may arise by reason of the excavating or such trenches or excavations. Whenever it is determined by the Township Engineer that additional inspectors should be assigned to supervise excavation, backfill, pavement restoration operations or other work regulated by this article, such inspectors shall be paid by the permittee at a rate per day to be fixed by the Township.
B. 
The Township Engineer may make such other rules and regulations for the excavation of streets which he or she deems necessary for the proper maintenance of the street surface due to excavations. Such rules and regulations shall be printed in writing upon the permit issued by the Township Engineer.
C. 
The permittee shall be required to return to the Township Engineer the "Notice of Completion of Street Excavation Permit" when work is completed.

§ 121-22 Test holes and borings.

A street opening permit shall be obtained for any test hole and/or boring work. No test holes and/or borings shall be made in or upon a greater surface of the street than as specified in such permit, and no excavation, borings or test holes shall interfere with any of the water pipes, sewers or drains of the Township, or any other underground utility service. Test holes and borings shall be backfilled in accordance with the provisions set by the Township Engineer.

§ 121-23 Gutters, lights and identification.

A. 
All gutters shall be left open so as not to obstruct the free passage of water and all sidewalks and foot ways shall be kept in a safe and passable condition. All excavations or material from them shall have placed upon them sufficient lights, barricades, and fencing to secure them from all directions during both the day and night.
B. 
If, for safety purposes, the Township Engineer deems it necessary to install additional warning devices such as lights, barricades, signs, or fencing, the permittee shall be notified of the decision and shall receive instructions on the installation. In case of emergencies, the Township may install all additional warning devices deemed necessary by the Township Engineer. The Township shall invoice the permittee for rental and installation costs incurred from the date of installation until the permittee installs warning devices.
C. 
If the permittee fails to install such devices, the Township shall invoice the permittee for rental and installation costs incurred from the date of removal. Payment not made by the permittee within 30 days of the invoice date will be chargeable against the posted bond including all fees and costs involved in the collection of this payment.
D. 
In all cases, all lights, barricades, signs, fencing, traffic control, etc. shall conform to PennDOT Publication 213, latest revision.

§ 121-24 Additional work.

If the permittee determines during construction that an additional area of the street will have to be opened, he shall notify and secure permission from the Township Engineer for the additional opening. Upon receipt of permission, the permittee shall file a supplementary application for the work no later than the next work day. Fee amounts specified in this article shall be followed for any subsequent fees associated with supplementary applications.

§ 121-25 Guarantee of work.

The permittee shall guarantee and maintain his work for 24 months from the completion of the restoration and replacement work. Work shall be deemed to be completed upon the Contractor's submission of a "Notice of Completion of Street Excavation Permit" and the Township's acceptance thereof. Within this twenty-four-month period, upon notification from the Township of necessary correction work required, the permittee shall correct or cause to be corrected all restoration work required within five working days of receipt of the notification. The Township Engineer shall determine the extent of restoration required and the method of correction. Any and all work not completed within this five-day period may be completed by the Township at the discretion of the Township Engineer. The Township shall invoice the permittee for all costs incurred by the Township in performance of this work. Payment not made within 30 days of the invoice date will be chargeable against the posted bond, including fees and costs involved in the collection of this payment.

§ 121-26 Financial security.

A. 
All persons other than public utility companies, the Township and contractors performing work for municipal authorities, desiring to open a street and/or engage in other work regulated by this article shall furnish financial security to the Township to ensure proper work in conformity with the permit as issued.
B. 
The amounts of financial security required for work regulated by this article shall be established by resolution of the Board of Supervisors as amended from time to time.
C. 
Financial security must be in a form acceptable to the Township for completion of required improvements under Chapter 125, Subdivision and Land Development, and shall be held and administered in accordance with said ordinance. All financial security shall grant to the Township authority to exercise its rights against the financial security to ensure payment of all costs associated with assuring work in conformity with the permit as issued, including but not limited to correcting deficiencies arising during the guarantee period if the permittee fails to do so within the period of time allowed by the Township in its written notice of deficiency. Upon expiration of the guarantee period and written request by the permittee, the Township will make final inspection and release financial security if work remains in conformity with the permit.
D. 
The bond shall be paid over to the Township prior to issuance of a permit by the Township Engineer. The bond shall be held by the Township Treasurer and administered in accordance with these regulations.
E. 
The bond shall be refunded to the permit holder after work under the permit and required restoration work has been completed, and after the guarantee period has expired.
F. 
A separate bond shall be required for each street opening, storm sewer work and/or other work regulated by this article.
G. 
The bond required by the Township shall not relieve any applicant to also secure a permit and/or tender security, if required, from PennDOT or other governmental agency having jurisdiction over work.

§ 121-27 Enforcement; violations and penalties.

A. 
Any person who fails to comply with any of the requirements of this article, upon being found by a Magisterial District Judge to have violated this article, shall pay a fine or penalty for violation for each violation in an amount not less than $300 and not more than $500.
B. 
Each failure to obtain a permit and/or to comply with all of the requirements of this article shall constitute a separate violation.
C. 
Each day during which a violation continues shall constitute a separate offense.
D. 
Violations of this article shall be enforced as civil enforcement matters as provided for in the Chapter 48, Article I, Ordinance Enforcement, Ord. No. 2007-6, as may be amended.
E. 
The Township reserves the right to deny issuance of any future street opening or other permit provided for in this article to any person who has violated the provisions of this article.
F. 
The Township shall retain and exercise all available legal and equitable remedies to secure enforcement of the regulations of this article, whether in addition to or in lieu of civil enforcement of violations.