[HISTORY: Adopted by the Board of Supervisors of the Township
of Millcreek as indicated in article histories. Amendments noted where
applicable.]
[Adopted 10-5-2010 by Ord. No. 2010-10]
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.
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.
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]
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.
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.
(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.
(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.
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.
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.
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.
(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.
This article shall be known as the "Excavations Within Rights-of-Way
Ordinance."
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.
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.
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.
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.
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.
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.
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.
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.
A.
All street opening permits are subject to suspension and/or revocation
at any time by the Township Engineer after written notice for:
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
