[Ord. 67, 4/2/1956, § 1; as amended by Ord. 275,
8/6/1981, § 1]
Unless otherwise expressly stated, the following terms shall
have, for the purpose of this Part, the meaning herein indicated:
A common driveway having a minimum right-of-way of 20 feet
serving the rear entrance of more than two properties and on which
no dwellings or stores shall front. An alley shall be graded and stoned
in accordance with current standard specifications adopted by the
Borough.
The whole or any part of any public street, or avenue, public
road, bridge or culvert, and shall include the cartway, gutter, curb,
sidewalk and the whole legal width of the right-of-way. A highway
shall have a minimum width of right-of-way of 50 feet and a minimum
cartway width of 36 feet between curbs. A highway shall have concrete
curb and road paving and where specifically directed by ordinance,
sidewalks shall be provided, and all to be constructed in accordance
with current standard specifications adopted by the Borough.
[Ord. 67, 4/2/1956, § 2]
It shall be unlawful for any person, firm or corporation to
construct, open or dedicate any road, street, land or common driveway,
or any drainage facilities in connection therewith for public use
or travel or to stop, fill up, confine, pave or otherwise interfere
with or change the course of any drain, ditch, stream or watercourse
in the Borough of Red Hill without first obtaining from the Borough
Council of the Borough of Red Hill a construction permit authorizing
such work to be performed, and no road, street, lane or common driveway
or drainage facilities in connection therewith shall be constructed,
opened or dedicated, and no drain, ditch, stream or watercourse shall
be stopped, filled up, confined, paved or otherwise interfered with,
or the course thereof changed, except in strict accordance with the
terms and conditions of such permit and with the plans, specifications
and other documents submitted with the application for said permit.
A.
Detailed plans shall be prepared by a registered professional engineer
in accordance with such rules and regulations as hereinafter prescribed.
Preliminary plans may be presented to the Borough Engineer for study
and criticism.
B.
Detailed plans shall show the profiles of the highways, the course,
structure and capacity of any drainage facilities and the method of
drainage of the adjacent or contiguous territory, also any other or
further details that may be required under the rules and regulations
adopted by the Borough Council of the Borough of Red Hill or the Bureau
of Highways.
C.
Before acting upon any such permit the Borough Council may, in its
discretion, arrange for a public hearing with respect to the same
after giving such notice as it may deem desirable under the circumstances.
The Borough Council may alter such plans and specifications and specify
any changes or modifications of any kind which it may deem necessary
with respect thereto and may make the granting of any permit subject
to any such alterations, changes or modifications.
[Ord. 67, 4/2/1956, § 3]
All detailed engineering plans submitted in connection with
an application for a construction permit shall show:
A.
That the street layout is adjusted to the topography of the land
to assure proper provision for drainage and to provide highways of
reasonable gradient.
B.
Complete block dimensions with bearings, including all curb data
and stations corresponding to those used on the profile; also lot
number and lot dimensions, with bearings, in lot subdivisions.
C.
Location of all street monuments at street intersections, angle points
and beginning and ending of all curves.
D.
Curb or center line grades and profiles showing grades, cuts and
fills.
E.
Width of right-of-way, cartway and sidewalks and position of curblines
where same prevail. All curbing at street intersection shall show
circular curves with radii of not less than 20 feet and a greater
radii for sharp corners.
F.
Cross-sections of proposed paving indicating depth and type of each
course, position and type of curbs and sidewalks and all other improvements.
G.
Names of all existing highways which shall be continued, and there
shall be no duplication of names existing elsewhere in the Borough.
H.
Location of all existing utility facilities, together with all service
connections. A supplementary plan must be filed with the Borough Engineer,
showing the location of the utility facilities and all service connections
placed during the construction, prior to the dedication of said highway.
I.
Course, structure and capacity of all drainage facilities.
J.
A proposed right-of-way not less than 40 feet along natural watercourses,
to provide for the construction and maintenance of future sewers.
K.
Plans shall be drawn to a minimum scale of 50 feet to an inch. Profiles
of proposed improvements showing grades, cuts and fills shall be drawn
to a scale of 40 feet horizontal and four feet vertical to an inch.
[Ord. 67, 4/2/1956, § 4]
1.
The original plan of highways and/or property when approved in accordance
with this Part shall be signed on behalf of the Borough Council by
the President and attested by the Secretary.
2.
Three copies, on linen, shall be filed in the Office of the Borough
Engineer, where the same shall be available for public inspection.
[Ord. 67, 4/2/1956, § 5]
All highways shall be graded to the full width of the right-of-way.
[Ord. 67, 4/2/1956, § 6]
All culverts, bridges and storm sewers shall be constructed
for the full width of the highway. Where bridges, dams, etc., are
placed on streams with a drainage area of 1/2 square mile or larger,
application for a permit must be made to the Water and Power Resources
Board, Harrisburg, Pennsylvania.
[Ord. 67, 4/2/1956, § 7; as amended by Ord. 340,
12/6/1988]
1.
Application for a construction permit shall be filed with the Secretary of Borough Council on the form supplied by the Borough and shall be accompanied by three sets of plans and specifications prepared by a registered professional engineer, as provided in § 21-103 hereof, setting forth the location and nature of the work, and shall be verified by affidavit made by or on behalf of the owner or owners. A fee, as established from time to time by resolution, shall accompany each application for a construction permit. As part of the construction permit application, the applicant also shall provide the Borough with a certificate of insurance evidencing coverage for general commercial liability and damage to personal property in the minimum amount of $1,000,000 and $2,000,000 in the aggregate from the contractor(s) or subcontractor(s) performing the work. The certificate shall name Red Hill Borough, its elected and appointed officials, agents, successors and assigns and the Borough Engineer as additional insureds and shall provide that coverage may not be amended, cancelled or terminated without prior written notice to the Borough. If the contractor is a utility company or utility provider performing work within the public right-of-way and is self-insured, the contractor shall produce a certificate in form and substance satisfactory to the Borough Solicitor, which evidences that self-insurance is in effect for the foregoing amount and names Red Hill Borough and the Borough Engineer as certificate holders.
[Amended by Ord. No. 2019-550, 1/9/2019; by Ord.
No. 2020-564, 5/13/2020; and
by Ord. No. 2021-576, 10/13/2021]
2.
Upon the arrival of the construction application and plans by the
Borough Engineer, the Borough Secretary shall issue a construction
permit. The applicant shall pay the actual cost of any material tests
made and shall reimburse the Borough for inspection at a rate, as
established from time to time by resolution, for each day or part
thereof a Borough Inspector is on the work.
3.
Any such permit shall become null and void if the work for which
the same is granted shall not be commenced within six months from
the grant of such permit; provided, however, that such permit may
be extended for a period of six months upon application in writing
to the Borough Engineer.
4.
The Borough Engineer shall be notified 24 hours in advance of the
commencement of any construction operation such as grading, paving
or sewer installation, in order that provisions may be made for the
proper inspection of such construction operation.
[Ord. 67, 4/2/1956, § 8]
The grant of any permit shall not impose upon the Borough any
obligation whatever to take over any of the work covered thereby as
a public improvement for any purpose whatever, unless accepted by
ordinance.
[Ord. 67, 4/2/1956, § 9]
The Borough Council of the Borough of Red Hill shall have no
responsibility of any kind with respect to any highway or any drainage
facilities in connection therewith notwithstanding any use of the
same by the public, unless the highway or drainage facilities are
accepted by ordinance.
[Ord. 67, 4/2/1956, § 10]
1.
Before approving any subdivision plan for recording, the Borough
Council shall either require that the necessary grading, paving and
other street improvements, including where specified by the Borough
Council, curbs, sidewalks, streets lights, fire hydrants, water mains,
sanitary sewers and storm sewers shall have been installed in strict
accordance with the standards and specifications of the Borough or
that the Borough be assured by means of a proper completion guarantee
in the form of a bond, with surety satisfactory to the Borough, or
the deposit of funds or securities in escrow sufficient to cover the
cost to the owner of the required improvements, as estimated by the
Borough Engineer, that the said improvements will subsequently be
installed by the owner.
2.
Where, owing to special conditions, a literal enforcement of this
Section could result in unnecessary hardship, the Borough Council
may permit issuance of permits where a guarantee had been furnished
conditioned for the satisfactory completion of the improvements in
accordance with the provisions of this Part and other applicable Borough
regulations, in such portion or portions of the subdivision which
the owner immediately intends to improve, or the Borough Council may
grant other reasonable exceptions to the provisions of this Section
as will not be contrary to the public interest subject to conditions
necessary to assure adequate streets and other public improvements.
[Ord. 67, 4/2/1956, § 11; as amended by Ord. 340,
12/6/1988; and by Ord. 424, 5/12/2004, § 1]
Any person, firm or corporation who shall construct, open or
dedicate any street or any drainage facility in connection therewith
for public use or travel in the Borough of Red Hill, without having
first complied with the provisions of §§ 1666 and 1667
of the Act of July 10, 1947, P.L. 1621, or to this Part adopted pursuant
thereto, shall, upon conviction thereof, 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 30 days. Each
day that a violation of this Part continues shall constitute a separate
offense. Nothing herein contained shall be construed to apply to the
Department of Transportation of the Commonwealth.
[Ord. 67, 4/2/1956, § 12]
In case any person shall construct, open or dedicate any street
or any drainage facility in connection therewith for public use or
travel in the Borough of Red Hill without having first complied with
the provisions of this Part or of any regulation made pursuant thereto,
in addition to other remedies provided by law, any appropriate action
or proceeding, whether by legal or equitable process or otherwise,
may be instituted or taken to prevent such unlawful opening, dedication
or use, to restrain, correct or abate such violation, to prevent the
construction, reconstruction or alteration of drainage facilities
thereon or to prevent any illegal act in connection therewith.
[Ord. 67, 4/2/1956, § 13; as amended by Ord. No. 2020-564, 5/13/2020]
1.
Subdivision regulations may be adopted to carry out the intent and purpose of this Part and shall be accomplished by ordinance of the Borough Council. Such regulations, when approved by ordinance of the Borough Council, may cover all or any part of the preliminary plans, improvements, permits, construction requirements, conditions of acceptance of streets or other improvements and any other matters covered by Chapter 22, "Subdivision and Land Development." Such regulations when approved by ordinance of the Borough Council shall have the same force and effect as the provisions of this Part and violations of the same shall be subject to the same penalties as provided in this Part. Any of the regulations may be approved, amended, modified or repealed by ordinance of Borough Council.
2.
In those instances where new streets and/or road widening improvements are to be constructed in the Borough of Red Hill in connection with an application and preliminary/final plans for subdivision or land development, the review and approval process, construction standards and specifications, land development agreements, financial security, dedication and maintenance guarantee requirements of Chapter 22 (Subdivision and Land Development) of the Code of Ordinances of the Borough of Red Hill shall apply.
