The following words when used in this article, unless the context
clearly indicates otherwise, shall be defined as follows:
The Engineer of the Township of Maidencreek.
The area between the street curbline and the right-of-way
line of a street as shown on recorded subdivision plans or as established
by this article.
As defined in Chapter 190, Subdivision and Land Development, of the Code of the Township of Maidencreek. It includes street, avenue, boulevard, road, highway, expressway, thoroughfare, court, lane, alley, and any other ways used or intended to be used by vehicular traffic or pedestrians, whether public or private. Included is all the land between the street right-of-way lines, whether improved or unimproved. Streets may comprise pavement, shoulders, gutters, sidewalks, division strips, or other areas within the street right-of-way lines.
Chapter 190, Subdivision and Land Development, of the Code of the Township of Maidencreek.
The Supervisors of the Township of Maidencreek.
The Township of Maidencreek.
A.
The grading of sidewalk areas and the construction
and repairing of sidewalks, curbs and driveway entrances along and
in the streets of the Township shall be done by the owner or owners
of the lot or lots abutting thereon in accordance with the lines and
grades as shown on recorded subdivision plans or as established by
this article, and in accordance with the provisions of this article.
B.
It is hereby declared unlawful for any person, firm,
corporation, or other entity to grade any sidewalk area, construct
or repair any sidewalk, curb or driveway entrance within the Township
except in compliance with the provisions of this article.
C.
Any person, firm, corporation, or other entity desiring
to grade any sidewalk area or to construct or repair any sidewalk,
curb or driveway entrance shall first obtain a permit therefor from
the proper Township official for issuing the aforesaid permit only
after the following conditions have been satisfied:
(1)
The filing of a written application with the said
Township official upon such forms as approved by the Supervisors setting
forth the location, purpose and description of the improvement.
(2)
The approval of said application by the Township.
(3)
The payment, to the aforesaid Township official at
the time of filing the written application, of a permit fee, established
in accordance with fee schedule adopted by resolution of the Supervisors.
(4)
In all cases of new construction of curb, sidewalk
or driveway entrance, or of resetting any curb, sidewalk or driveway
entrance in excess of 10 feet in length, or of any other type work
when specifically requested by the applicant, the Township shall furnish
applicant with the right lines and/or grades upon payment by the applicant
to the aforesaid Township official at the time of filing the written
application of a fee therefor, established in accordance with a fee
schedule adopted by resolution of the Supervisors.
D.
A permit shall be affective for a period of 90 days
from date of issuance and, prior to expiration of the original or
renewal period, may be renewed for a period of 90 days upon written
application and payment of a fee as established from time to time
by resolution for each ninety-day renewal by the person, firm, corporation,
or other entity to whom the original permit was issued, providing
that reference points have not been disturbed or destroyed. When reference
points have been disturbed, they shall be reestablished at the applicant's
expense.
E.
The form of application and permit shall be adopted
from time to time by the Township Supervisors by resolution. A copy
thereof shall remain on file at the office of the Township.
G.
All sidewalk areas shall be graded, and all sidewalks,
curbs, and driveway entrances shall be constructed, reconstructed,
or repaired in conformance with the most recent details and specifications
adopted by the Supervisors. On neglect or refusal by the owner or
owners of the abutting lot or lots to grade any sidewalk areas to
construct, pave, repave, or repair any sidewalk, or to construct,
set, reset, or repair any curb or driveway entrance, within 60 days
after notice so to do given by the Township Supervisors to the owner
or owners, said Supervisors shall cause the same to be done and shall
collect from owner or owners the cost thereof.
H.
Vertical face curb shall be constructed in all areas
where curbing is required unless otherwise approved.
I.
In areas where curb and sidewalks are required, all
driveway entrances shall be of the radius curb-ramp type or the depressed
curb-ramp type and in those areas zoned business or industrial, step-down
curb type entrances shall be allowed. In areas where curb and sidewalk
have not been required, said entrances shall be constructed as shown
on the detail plan.[2]
[2]
Editor's Note: Details and drawings are included at the end
of this chapter.
J.
Sidewalk areas not graded, or sidewalks, curbs, and
driveway entrances not laid in conformity with the provisions of this
article and with the established grades and lines as shown in recorded
subdivision plans, or as set forth in any ordinance of the Township,
are hereby declared to be nuisances. On neglect or refusal by the
owner or owners of the abutting lot or lots to take up and regrade
and/or to relay according to the provisions of this article and with
the established grades and lines as shown on recorded subdivision
plans, or as set forth in any ordinance of the Township, within 60
days notice so to do given by the Township Supervisors to the owner
or owners, said Supervisors shall cause the same to be done in the
manner herein provided, and shall collect from said owner or owner
the cost thereof.
K.
Sidewalks, curbs, and driveway entrances which do
not comply with the most recently adopted details and specifications
shall not be permitted to be repaired if:
(1)
In the case of curbing, more than 20% of any scored
section must be replaced, then the curb shall be sawed and the entire
section replaced, with expansion joints placed at both ends of the
section.
(2)
In the case of concrete sidewalks, more than 20% of
the area of any scored block requires replacement, then said concrete
block shall be replaced in its entirety; provided, however, where
a portion of such a concrete block is removed for installation or
repairs to utilities, then the entire block shall be replaced in its
entirety.
(3)
In the case of concrete driveway entrances, more than
20% of the total area requires replacement, then the entire area shall
be replaced.
L.
Should the repair or condition of a sidewalk, curb,
or driveway entrance, in the opinion of the Township Supervisors,
become such as to constitute a dangerous condition, notice shall be
given to the owner or owners of the lot or lots abutting thereon to
re-lay said sidewalk, curb and/or driveway entrance with the material
prescribed in the then-applicable details and specifications. Upon
neglect or refusal by the owner or owners to do so within 60 days
after notice given by the Township Supervisors to said owner or owners,
the Supervisors shall cause the same to be done in the manner herein
provided and shall collect from said owner or owners the costs thereof.
M.
No surface gutters are permitted on newly constructed
sidewalks. All drains shall be installed under sidewalk areas in conformance
with the details and specifications adopted by the Supervisors.
N.
No material shall be placed in the cartway area adjacent
to curb or driveway entrances which, in any way, shall impede the
flow of stormwater runoff in the cartway area of the street.
O.
When curb or driveway entrances are constructed or
repaired and where no cartway paving exists, all areas of excavation
within the cartway area shall be backfilled with Pennsylvania Department
of Transportation No. 2RC or 2A modified aggregate material to the
grade of the existing adjacent roadway. Where the cartway was paved,
the excavation shall be backfilled with Pennsylvania Department of
Transportation No. 2RC or 2A modified aggregate material and the base
course and surface course of paving restored in kind.
P.
Curbs and sidewalks shall be constructed in any area
where, in the opinion of Township Supervisors, pedestrian traffic,
inadequate site distances or other potentially hazardous conditions
indicate the need for public safety reasons.
A.
It is hereby declared unlawful for any person, firm,
corporation or other entity to plant trees, evergreens, hedges, plants
or shrubbery within five feet of the property side of the right-of-way
line along any street, or in any sidewalk area, which is defined as
the area located between the curbline and the right-of-way line as
shown on recorded subdivision plans or as established by ordinance,
unless the owner shall have submitted to the Township Planning Commission,
and shall have had approved by said Commission, a plan showing the
type and location of each tree, proposed to be planted within five
feet of the property side of the right-of-way line along any street
adjacent to the subject property; or within the sidewalk area of said
property. The Township Planning Commission, upon the receipt of such
plan, shall review the same to determine 1) that the trees proposed
to be planted are of a type approved for that purpose by the Board
of Supervisors, and 2) that there are no underground facilities which
would be adversely affected by the proposed plantings. If the review
of the plan indicates that it meets the foregoing criteria, the Township
shall issue a permit allowing such plantings. If the plan fails to
meet said criteria, the permit shall be denied. The Board of Supervisors
of the Township by resolution may approve, from time to time, upon
the recommendation of the Planning Commission, the types of trees
which are to be used for the purposes aforesaid. Also, the Board of
Supervisors, from time to time, shall determine the form of the permit
to be applied for and the fee to be paid for the same, which fee shall
be sufficient to include the cost of the review of the plan submitted,
and of the inspection of any planting that may be approved, after
such plantings have been completed.
B.
No trees or shrubbery shall be planted along the right-of-way lines on a corner property in any manner that would not conform with sight distance requirements of Chapter 190, Subdivision and Land Development, of the Code of the Township of Maidencreek.
C.
Any trees, evergreens, hedges, plants, or shrubbery
planted in violation of this section are hereby declared to be nuisances
and must be removed within 30 days after notice to owner or owners
by the Township Supervisors.
D.
Upon failure of said owner or owners to accomplish
said removal, the Township Supervisors shall cause the same to be
done and shall collect from said owner or owners of the lot or lots
the cost thereof and then 10% additional, together will all charges
and expenses. If payment is not made, the Township shall file a municipal
lien therefor against such lot or lots or shall bring an action in
assumpsit against said owner or owners for collection thereof.
A.
All subsurface rainwater conductors shall be placed
in such a manner that the top of the inside diameter of the pipe will
be two inches minimum from the top of the curb.
B.
All utility lines affected by the work shall be raised
and/or lowered to proper elevation. All legal requirements of the
Commonwealth of Pennsylvania for notification to utility owners shall
be complied with.
C.
All traffic signs and street name signs removed during
construction of concrete curb, sidewalk, and/or driveway entrances
shall be replaced by the person, firm, corporation, or other entity
performing the construction.
Any person, firm, corporation, or other entity applying for
any permit under this article shall indemnify and defend the Township
against all liability of whatever nature arising from the grading,
construction, repair or replacement of sidewalks, curbs and driveways.
Notwithstanding anything hereabove set forth in this article, whenever the provisions of this article shall be inconsistent with the provisions of Chapter 190, Subdivision and Land Development, of the Code of the Township of Maidencreek as from time to time are in effect and the provisions of said latter chapter are more restrictive or contain more stringent requirements than are set forth within this article; then in such event the provisions of said Chapter 190, Subdivision and Land Development, shall prevail and be applicable.
A.
All sidewalk areas shall conform to curb grades except
that the area shall have a one-fourth-inch ascending pitch per foot
measured from the outside curbline to right-of-way line of the street.
B.
All straight curbs shall be constructed as indicated
on the attached detail plan; provided, however, that wherever it is
necessary to replace or repair existing curb which does not meet the
requirements of this provision and the adjacent sidewalk shall not
be in need of replacement and there is no grass plot area separating
a curb from sidewalk, then in such instances the Township official
is authorized to approve an application for a permit to replace the
curb at its former width.
C.
The outside edge of all sidewalks in the sidewalk
areas having a width of 10 feet or more shall be set back three feet
from the outside face (back) of the curb, and a grass plot area shall
separate curb from sidewalk. In all other areas where the sidewalk
area is less than 10 feet in width, the Supervisors, by resolution,
may direct that the grass plot requirement be waived or modified and
that the width of the sidewalk be reduced to such width as the Supervisors
may deem necessary and appropriate under the particular circumstances.
No surface gutters are permitted on newly constructed sidewalks. All
drains shall be installed under sidewalk area and shall be constructed
of cast iron pipe, PVC Schedule 40 plastic pipe or other approved
material, the size of the pipe to be as specified in the Township
Plumbing Code.[1] All sidewalks shall not be less than four inches in thickness
and shall rest on a compact bed of 2B stone of a depth of at least
four inches. The surface shall have a one-fourth-inch pitch per linear
foot ascending from the outside face of the curb. Sidewalks shall
be four feet wide on sidewalk areas having a width of 10 feet or more.
Notwithstanding anything to the contrary contained in these specifications,
all sidewalks, curbs, and driveway entrances shall conform as to size
with the majority type of then existing sidewalks, curb and driveway
entrances in the same block.
D.
Except as hereinafter provided, all driveway entrances
shall be constructed as indicated on the detail plan to be provided
by the Township, and shall have a sidewalk surface of the same grade
and width prescribed for sidewalks.
(1)
No single driveway entrance for one-car garage shall be constructed with a frontage exceeding 12 feet measured along the right-of-way line, and no single driveway entrance for a garage for two or more cars shall be constructed with a frontage or width exceeding 20 feet measured along the right-of-way line except upon specific approval by resolution of the Township Supervisors. Such specific approval shall be given only when it is not contrary to the public interest and when owing to special conditions, unnecessary hardship would result. In the case of areas zoned as business districts or industrial districts by Chapter 220, Zoning, of the Code of the Township of Maidencreek and the Township Zoning Map, all driveway entrances shall have a minimum curb radius of five feet and a maximum curb radius of 15 feet on each side, the exact radius to be subject to the approval of the Township. The width of any single driveway entrance in such zoned areas shall not exceed 35 feet in width and shall be subject to the approval of the Township Supervisors.
(2)
All driveway aprons intended for commercial or industrial
use shall be constructed of concrete reinforced with steel of a design
approved by the Township to conform in strength to the service required.
(3)
Radius curb, depressed curb type driveway entrances
shall have the outside edge raised one to two inches above the flow
line of the gutter. Radius curb and depressed curb entrances shall
have a straight slope from the outside edge to the prescribed outside
sidewalk edge and shall have a sidewalk surface of the same grade
and width prescribed for sidewalks.
(4)
In areas where concrete curbs and/or concrete sidewalks
do not exist or have not been required by notice from the Township,
bituminous concrete or other approved materials may be substituted
for concrete in the construction of driveway entrances when approved
by the Township.
E.
All sidewalks, curbs, and driveway entrances shall
have a four-inch base of PennDOT No. 2RC or 2A Modified limestone
material.
(1)
All sidewalks, curbs, and driveway entrances shall
be constructed of air-entrained structural concrete having an ultimate
strength of 3,000 pounds per square inch at 28 days and containing
6% air by volume. The sources of concrete materials and mix design
shall be subject to the approval of the Township.
(2)
The top surfaces of sidewalks, curbs, and driveway
entrances, shall receive a magnesium floated with swirl type textured
or brush finish, and the finish tolerance shall be a true plane with
1/4 inch in 10 feet. The exposed vertical surfaces of curbs and driveway
entrances shall be repaired of all honeycombed and defective areas,
and shall receive a sponge float finish. The finishing shall be completed
before the concrete is 18 hours old.
(3)
Immediately after finishing, all concrete shall be
cured by an approved, impervious, light-colored liquid curing compound
sprayed on the concrete surface. The curing shall be continued for
at least five days.
(4)
The Township may reject any concrete sidewalks, curbs,
and driveway entrances which do not conform to the requirements of
these specifications or the generally accepted standards of the American
Concrete Institute.
(5)
Expansion joints made with three-eighths-inch-thick
preformed nonextruding and resilient bituminous joint filler shall
be placed every 30 feet or less to the full depth of sidewalk and
every 50 feet for curb, and where the sidewalk meets the outside face
of a wall and/or curbing. All sidewalks shall be scored every five
feet. All curbs shall be scored every 10 feet.
