[Ord. 2014-01, 4/21/2014]
This Part shall regulate all activity by any person or entity
involving the construction, reconstruction, paving, repaving, resurfacing,
grading, and/or regrading, of driveways, accessways, alleyways, private
or public road access, and the installation of new structures above
and below ground, within any Township right-of-way, public road, alleyway,
and/or highway as defined and enumerated in this Part.
[Ord. 2014-01, 4/21/2014]
This section sets forth the definitions and application of terms
covered under this Part.
1.
General Interpretation. For the purposes of this Part, words and
terms used herein shall be interpreted as follows:
A.
Words in the present tense shall include the future tense.
B.
If a word is not defined in this Part, but is defined in Chapter 22, Subdivision and Land Development, as amended, the definition in that ordinance shall apply. If a word is defined in both this Part and another Township ordinance, each definition shall apply to the provisions of each applicable ordinance.
2.
ACCESS DRIVE or ACCESSWAY
ALLEYWAY
BOARD
CLAIMS
CONTRACTOR
DRIVEWAY
FARM LANE ACCESS
HIGHWAY
MINIMUM USE DRIVEWAY
OWNER
PERMIT
PERMITTEE
PERSON
PRIVATE ROAD
PUBLIC ROAD
RIGHT-OF-WAY
ROADWAY OCCUPANCY ADMINISTRATOR
SIGHT DISTANCE
SUBDIVISION AND LAND DEVELOPMENT ORDINANCE (SALDO)
TOWNSHIP REPRESENTATIVES
Terms Defined. The following words and phrases when used in this
Part shall have the meanings given to them in this subsection unless
the context clearly indicates otherwise:
A means of ingress and/or egress accessing more than three
dwelling units, or accessing commercial, institutional or industrial
use(s) for either vehicles and/or pedestrian traffic from a public
or private road. Does not include a farm lane access or a private
road.
A right-of-way providing secondary access to the side or
rear of one or more lots which has a maximum right-of-way width of
25 feet and a minimum cartway width of 12 feet.
The Board of Supervisors of Lower Mount Bethel Township,
Northampton County, Pennsylvania.
Any and all claims, counterclaims, cross-claims, lawsuits,
proceedings, actions, causes and rights of action, debts, controversies,
awards, attachments, executions, liens, losses, allegations, demands,
penalties, charges, injuries, losses, costs (including, without limitation,
attorneys' fees and other costs and expenses incurred, including
expert witness fees), damages (including, without limitation, compensatory,
consequential or punitive damages), sanctions, and liabilities of
every kind, character and manner whatsoever, in law or in equity,
civil or criminal, administrative or judicial, contract, tort (including,
without limitation, negligence of any kind) or otherwise.
The party, person, firm, partnership and/or corporation who
or which installs a driveway or street, or opens a road; including
all agents, officers or employees of said party, person, firm, partnership
and/or corporation.
Any area of land designated or to be used as a means of ingress
or egress for either vehicles and/or pedestrian traffic from a public
or private road to a parcel or tract of land. Does not include a farm
lane access or a private road.
An area of land designated to be used as a means of ingress
or egress for agricultural equipment to a field, pasture, barn, silo,
etc., provided that this access is used for agricultural-related uses
only.
A public or private thoroughfare which provides the principal
means of vehicle access to abutting lots or that is an expressway,
but not including an alleyway, a driveway or an accessway/access drive.
The terms "street," "highway" and "road" have the same meaning and
are used interchangeably.
A residential or other driveway which is used or expected
to be used by not more than 25 vehicles per day (which is the equivalent
of no more than 50 trips per day).
The owner of the land upon which the driveway is located.
A permit issued by the Roadway Occupancy Administrator to
signify approval of the driveway, accessway/access drive, street or
road opening and/or approval of any work authorized or permitted pursuant
to this Part.
Any person who makes application for a permit under the provisions
of this Part. The terms "permittee" and "applicant" shall have the
same meaning and are used interchangeably.
Includes, without limitation, any individual, partnership,
firm, company, association, society, utility, corporation, joint venture,
limited liability company, trust, estate, or other group or entity
including, without limitation, all agents, officers or employees of
said person.
Any road, street, alleyway or thoroughfare built to public
road standards but which is maintained by private persons, which has
not been offered for and accepted for dedication.
Any road, street, alleyway or thoroughfare actually maintained
by Lower Mount Bethel Township as part of its road system or shown
on a subdivision or land development plan, which is offered to and
accepted for dedication by Lower Mount Bethel Township as part of
its road system.
Land reserved for the public or others for use as a street
or other purpose. Unless otherwise stated, "right-of-way" shall mean
the existing street right-of-way line.
The person designated by the Board of Supervisors to administer
this Part.
The distance along a public or private road in which a driver
of a stopped vehicle on a driveway, access drive or intersecting road
needs to safely pull out and enter onto the main road. See Pennsylvania
Code, Title 67, Transportation, Chapter 441, Access to and Occupancy
of Highways by Driveways and Local Roads.
The official ordinance of the Township known as the "Subdivision
and Land Development Ordinance," as may be amended by the Township
from time to time.[1]
The Township and its boards, committees and commissions (including
the individual members thereof), their elected and appointed officers
and officials and their employees, contractors, other professional
consultants, engineers, solicitors, managers, representatives, advisors,
predecessors, successors, agents, independent contractors, insurers
and assigns.
[Ord. 2014-01, 4/21/2014]
This section sets forth the activities covered under this Part,
and the procedure to be followed to obtain a permit hereunder. Any
changes, modifications, or alterations of these instructions shall
be revised by the Supervisors through ordinance of the Board, from
time to time, as is necessary.
1.
The purpose of this permit program is to regulate the placement of
certain structures within Township road rights-of-way and activities
conducted within the right-of-way.
2.
A right-of-way occupancy permit is required for installing new structures
above or below ground within the road right-of-way (whether public
or private), such as, but not limited to, driveways, utility poles,
guy wires, guide rails, gas, electric, sewer, water, telephone, cable
TV, storm and culvert swales, and any other conduit or cable installations,
including their associated appurtenances. The installations of mailboxes
are not regulated by this Part. Farm lane access, as defined by this
Part, is not regulated by this Part.
3.
A road opening permit is required for any activity in the right-of-way
(whether public or private) that obstructs the travel ways or the
right-of-way drainage. Activities requiring a permit include, but
are not limited to, scheduled repair, modifications, or removal of
aboveground or underground utilities or structures, conduit or cable,
or associated appurtenances and surface drain ways within the right-of-way.
Any activities that require the obstruction of the travel way or drainageway
require a permit. Cutting of trees and vegetation, coating/repair
of private driveways, and emergency repairs of utility service within
the limits of right-of-way are not regulated by this Part.
4.
A right-of-way occupancy permit for a driveway or accessway must
be obtained prior to the issuance of a building permit. A building
occupancy permit will not be issued until the requirements of the
right-of-way occupancy permit are met.
5.
For proposed minimum use driveways, a sketch shall be attached to
the application for right-of-way occupancy permit. All other applications
for right-of-way occupancy or road opening permits shall be accompanied
by a scaled drawing locating and describing the occupancy and proposed
work in relation to the Township road right-of-way line. Easement
descriptions are required for private utility placements.
6.
Temporary road closing requests shall be accompanied by information
as to the duration of the closing and timing, as well as a Route and
Signing Plan (MUTCD-2009, PennDOT Publications 203-Work Zone Traffic
Control, Pub 213, Work Zone Traffic Control Guidelines, and Pub 234,
Flagging Handbook) subject to approval by the Township. Proper notification
of emergency services, the Township, and others identified by the
review of this application will be the responsibility of the permittee.
7.
During construction, a tire-cleaning mat must be installed at the
driveway or accessway entrance in accordance with the Northampton
County Conservation District Soil and Erosion Control Standards. No
other entrance/exit to the property may be utilized.
8.
The applicant shall make provisions to maintain uninterrupted parallel
drainage along an existing road at the location of the proposed driveway
or accessway, or with any modification to an existing driveway or
accessway. To ensure compliance, a preconstruction meeting with the
Township's Public Works Director or his/her designee is required.
9.
Insurance requirements, escrows, and required security deposits shall be in accordance with § 21-104, Insurance, Escrow and Deposit Requirements.
10.
The fees, engineering review escrow, and security deposit will be collected at the time the application is submitted to the Township. The security deposit will be per § 21-104. The Township shall review any application for a permit within 15 days of submission and shall advise the applicant if the application and supporting documentation is incomplete or otherwise not in compliance with the requirements of this Part. Seventy-five percent of the security deposit will be refunded when the work is accepted by the Township as evidenced with a final inspection by the Public Works Director or his/her designee. The refund will be no later than 30 days upon notification that the work is completed and accepted by the Township. The remaining 25% of the deposit will be refunded one year after the initial refund is made, provided the condition of the pavement remains satisfactory. If unsatisfactory restoration is made or the permittee is not able to satisfy the Township or is unresponsive, action will be taken by the Township in accordance with this Part.
11.
All restoration work must be executed in accordance with this Part,
the permit and/or the approved plans for a subdivision/land development,
if applicable.
12.
An initial minimum Engineering Review Escrow (per § 21-104) shall be posted by the applicant, if it is determined that review and/or inspection by the Township will be required. Additional deposits may be required depending on the complexity of the project.
13.
For a road opening permit involving the construction of a new access drive, local road or private road, safe sight distances shall meet the minimum requirements set forth by Chapter 22, Subdivision and Land Development. Required sight distances will be checked by the Public Works Director or his/her designee and shall be found in compliance before the access drive, local road or private road is opened.
14.
No driveway or accessway/access drive shall be used to provide ingress
to and/or egress from a lot or tract of land for which the use of
the lot or tract of land is not permitted in the zoning district in
which the driveway or accessway/access drive is located. Stated another
way, if the use to be served by the driveway or accessway/access drive
is not a permitted use in the zoning district in which the driveway
or accessway/access drive itself is located, including but not limited
to the use being located in an adjacent zoning district (including
one in a neighboring municipality), the driveway or accessway/access
drive shall not be used to provide ingress to and/or egress from the
lot or tract of land.
[Ord. 2014-01, 4/21/2014]
This section sets forth the escrow, inspection, security deposit
and insurance requirements for activities within the purview of this
Part. Any changes, modifications, or alterations of this section shall
be revised by the Supervisors through ordinance of the Board, from
time to time, as is necessary.
1.
See applicable fee schedule for application fees.
2.
The following engineering review escrow requirements apply:
A.
If a review by the Township Engineer or inspection of the work is
deemed to be necessary by the Township, the fees for such work will
be charged against a review and inspection escrow account in accordance
with the Township's Schedule of Rates for Professional Engineering
Services. If an escrow deposit is required, a minimum of $250 for
old construction and $500 for new construction shall be provided by
the applicant to offset anticipated review or inspection fees. If
the initial escrow is not sufficient to cover all fees of the Township's
Engineer, the applicant shall nevertheless be responsible for all
such fees. Any outstanding balance must be paid before the issuance
of the applicable permit under this Part, before inspection of work
and/or the opening of the driveway, accessway, local road or private
road, as applicable. Unused escrow balance will be refunded to the
applicant following satisfactory completion of the work.
3.
Computation of Security Deposit:
A.
The amount of security to be deposited for street opening applications
shall be based on the area of pavement that will be required for restoration
of the roadway surface. The deposit amount shall be $25 per square
yard times the quantity of roadway pavement anticipated for replacement.
The minimum deposit shall be $250.
B.
Inspection by the Township or its authorized agent shall occur upon
notice by the permittee that the work has been satisfactorily completed.
If inspection indicates that the work is acceptable, the security
deposit will be released in accordance with the provisions of this
Part.
4.
Contractors shall provide evidence of general liability coverage
in an amount not less than $1,000,000. See the applicable Township
resolution concerning required evidence of insurance, which at the
time of the adoption of this Part is Resolution 2013-17.
5.
If the proposed occupancy or street opening is covered by an improvements
agreement through the subdivision and land development approval process,
the escrow and security deposit under this Part are not required.
[Ord. 2014-01, 4/21/2014]
This section sets forth the construction standards to be followed
and employed for all minimum use driveways, driveways and access drives
in the Township, whether new construction, repair, repaving, regrading,
resurfacing or relocating same. Any changes, modifications, or alterations
of this section shall be revised by the Supervisors through ordinance
of the Board, from time to time, as is necessary.
1.
Driveways and Access Drives.
A.
All driveways and access drives related improvements shall be located
and constructed in a manner as to provide safe access to Township
and state roads and not impair the drainage or normal maintenance
within road rights-of-way, to alter the stability of any roadway,
subgrade, or roadway embankment, to change the drainage of adjacent
areas, not to interfere with the traveling public. Sufficient area
for and access to off-road parking shall be provided for.
B.
The driveway within the legal right-of-way of the public road, or
for a distance of at least 20 feet from the edge of the cartway from
any public or private road, whichever is greater, shall not have a
grade in excess of 4%. At no point shall the grade of any driveway
exceed 15%.
C.
The minimum driveway width for minimum use driveways is 12 feet. Width of shared driveways shall be a minimum of 15 feet. Pullover areas shall be required to provide safe passage of two vehicles. All other accessway widths shall be pursuant to Chapter 22, Subdivision and Land Development, or the Pa. Code Chapter 441, Access to and Occupancy of Highways by Driveways and Local Roads, or any successor provision, as the same may be amended from time to time.
D.
The driveway is to have a minimum five-foot return radius on each
side where curbing is not provided and a minimum ten-foot return radii
if the posted speed limit is 45 mph or greater.
E.
The driveway within the legal right-of-way of the public road, or
for a distance of at least 20 feet from the edge of the cartway of
a public or private road, whichever is greater, shall be paved. The
applicant/owner shall maintain this section of the driveway in a paved
condition. If this requirement cannot be accomplished at the issuance
of a certificate of use and occupancy, a $1,000 escrow shall be collected
to ensure this has been accomplished. If not accomplished within one
year from issuance of certificate of use and occupancy, Lower Mount
Bethel Township can use this escrow to pave the initial 20 feet of
driveway. Unused escrow balance will be refunded to the applicant
following satisfactory completion of the work. The pavement shall
consist of a minimum of three inches of 2A crushed aggregate and 1 1/2
inch of Superpave wearing course.
F.
A "C" swale/gutter cross section shall be provided across the proposed
paved driveway where said driveway intersects noncurbed roads. The
cross-section geometry shall be maintained so as to allow for unimpeded
stormwater flow.
G.
If the applicant/owner requests a culvert installation, appropriate
sketches and calculations shall be submitted to the Township for review
and approval along with the permit application. Pipe material is to
be RCP or HDPE, with flared end sections and a minimum fifteen-inch
diameter. The crown of the pipe is to be set 12 inches below the finished
paved driveway over the pipe as located at the center line of driveway.
H.
All disturbed areas within the Township right-of-way, but not including
the paved driveway, shall be graded and stabilized according to approved
subdivision/land development plans if applicable, or otherwise returned
to preexisting conditions.
I.
The applicant/owners shall be responsible for incorporating standard
erosion and sedimentation control practices during the driveway construction.
Cleanup of off-site sediment or repair of off-site erosion will be
at the applicant's/owner's responsibility.
J.
The owner/applicant shall provide temporary traffic control devices
and procedures in accordance with MUTCD and PennDOT Publications 203,
213 and 234, or any successor publication, as may be amended from
time to time.
K.
Where the combination of a proposed driveway (including non-paved
portions) and any other impervious surface exceeds 10,000 square feet
on a given property, a stormwater management plan must be submitted
to the Lehigh Valley Planning Commission. Where the combination of
a proposed driveway (including nonpaved portions) and any other impervious
surface exceeds the thresholds set forth in the Township's then-current
Act 167 ordinance on a given property, a stormwater management plan
must be submitted to the Township.[1] The plans must be consistent with the Martins/Jacoby Creeks
Act 167 Stormwater Management Plan.
L.
Except for connections to local or private roads, driveway accesses
from any given lot shall be limited to no more than one access point
to a public road.
M.
The maximum number of minimum use driveways allowed per lot shall
be two, with a minimum spacing between driveways of 50 feet.
N.
No more than three lots shall be served by a private residential
driveway in cases of common ownership or shared use of a private residential
driveway. As a condition to final plan approval, an agreement providing
for the maintenance, repair, construction, and reconstruction, including
drainage facility maintenance and snow-plowing of the shared driveway,
shall be submitted for review by the Township and, following approval,
shall be recorded as a covenant running with the land against the
lots in question at the applicant's expense.
O.
Contact the Pennsylvania One-Call System three business days before
digging, call 811 or 1-800-242-1776.
P.
All driveways shall provide, wherever possible, appropriate accessibility
based on the American with Disabilities Act (ADA) across all driveways/curb
cuts. Reference should be made to the ADA Accessible Rights-of-Way
manual.
Q.
Sight distance shall be indicated on the sketch as obtained from actual field measurement. Measurement of sight distance shall be measured in accordance with the requirements of the Pennsylvania Code, Title 67, Transportation, Chapter 441, "Access To and Occupancy of Highway by Driveways and Local Roads," latest edition, and attested by the owner's signature on the application. Information shall include the posted speed limit and the grade of the intersected road. A field stake/lathe shall be placed 10 feet back from the edge of the cartway pavement at the center line of the proposed minimum use driveways (15 feet back for other driveways, access drives and intersections). Available sight distances must meet or exceed the sight distance requirements of Chapter 441, or any successor provision, as amended from time to time. For all other access drive and intersections, sight distance shall be in accordance with Chapter 22, Subdivision and Land Development.
R.
Sight distances shall be verified in the field and be found acceptable
by the Township Roadway Occupancy Administrator or his/her designee
prior to issuance of an occupancy permit.
S.
A minimum use driveway shall be located a minimum five feet from
a side or rear lot line adjacent to a residential use or residential
zoned property.
T.
Driveways shall intersect roads as nearly as possible at 90°,
but in no case less than 75° or greater than 105°, as approved
by the Township.
U.
Driveways to corner lots or lots having access to more than one road
shall gain access from the road of lower classification when a corner
lot is bounded by road of two different classifications.
V.
For driveways exceeding 250 feet in length and where the grade of
a driveway, at any point, exceeds 8%, a minimum of one off-road parking
space shall be required. The off-road parking space shall be located
before the grade of the driveway at any point exceeds 8% and shall
be outside the driveway access aisle and outside the public right-of-way.
Such off-road parking spaces shall be a minimum of nine feet by 18
feet.
W.
New driveways shall provide for a safe turnaround area outside of
the road right-of-way so that vehicles will not be required to back
into the adjoining road. Safe turnaround areas shall in all cases
be required where driveways access arterial or major collector roads.
X.
The driveway shall be constructed with a base of stone compacted
to six inches and a surface of a minimum of 1 1/2 inch Superpave
bituminous wearing course or approved equal. Driveway material standards
shall apply to driveways for a minimum of 20 feet from the edge of
the cartway or curb. The use of pervious pavement is encouraged to
minimize stormwater runoff.
Y.
Private residential driveways, whether individual or shared, on corner
lots shall be located at least 50 feet for local roads, 75 feet for
collector roads and 100 feet for arterial roads from the center line
of driveway to the point of intersection of the nearest road right-of-way
line. Access drives shall be located at least 125 feet, 150 feet,
and 250 feet, respectively, for local, collector and arterial roads
from the center line of the access drive to the point of intersection
of the nearest road right-of-way.
Z.
Where on-road parking is permitted, the layout of the curb cuts of
the driveways shall be designated to maximize the number of on-road
parking spaces.
AA.
Adequate provisions shall be made to maintain uninterrupted parallel
drainage along a public street at the point of driveway or access
drive entry.
BB.
Where access is to a state road, a valid state highway occupancy
permit shall be obtained prior to the issuance of any Township permits.
Where PennDOT standards differ from those of the Township, PennDOT
regulations shall apply for access to a state road.
2.
Access Drives.
A.
All access driveways shall be paved in their entirety in accordance with design specifications of § 22-523, Subsection 5, of Chapter 22, Subdivision and Land Development. The specifications for such paving shall be approved by the Township as applicable for the specific use proposed. Alternate dust-free, all-weather surfaces for access may be permitted by the Township where appropriate.
B.
The access drive within the legal right-of-way of the public road,
or for a distance of at least 20 feet from the edge of the cartway
of a public or private road, whichever is greater, shall not have
a grade in excess of 4%. The grade of any access drive shall not exceed
10%.
C.
Access drive entrances into all nonresidential and nonagricultural
use properties shall be no less than 24 feet in width, shall not exceed
36 feet in width at the road line unless provided with a median divider,
and shall be clearly defined by curbing. The curbs of these driveway
entrances shall be rounded with a minimum radius of 20 feet from where
they intersect the road.
D.
To the greatest extent practicable, access to new individual uses
shall be by way of internal access drives. Access drives shall be
limited to one along the frontage of any single major collector or
arterial road and two along the frontage of any other single road.
Where two access drives are permitted, their center lines shall be
spaced a minimum of 250 feet apart.
E.
Concrete aprons shall be provided for all access drives with concrete
sidewalks. Concrete aprons shall be a minimum of six inches of Class
AA concrete (a twenty-eight-day minimum compressive strength of 3,500
psi and 6% air entrainment by volume) and shall be structurally reinforced
with six-inch-by-six-inch, nine-gauge welded wire fabric on four inches
of 2A aggregate.
[Ord. 2014-01, 4/21/2014]
This section sets forth the requirements for restoration of
street and road excavation. Any changes, modifications, or alterations
of these instructions shall be revised by the Supervisors through
ordinance of the Board, from time to time, as is necessary.
1.
All street excavation and roadway restoration shall be in accordance
with the following minimum standards (see also Trench and Restoration
Details[1]):
C.
Permanent Hard-Surfaced Roadway Replacement within 60 days.
(1)
Saw-cut trench to cut back of 12 inches.
(2)
Excavate to minimum depth required for placement of full section
or as directed.
(3)
Four inches of 2A crushed stone.
(4)
Four and one half inches of base course Pg. 64-22, 25 mm Superpave
asphalt.
(5)
One and one half inches of wearing course Pg. 64-22, 9.5 mm
mixture, SRL-H.
(6)
Joint or edge sealing.
[1]
Editor's Note: See diagrams included as an attachment to this chapter.
2.
Minimum use driveway construction shall be in accordance with § 21-105, Minimum Use Driveway, Driveways and Access Drive Design and Construction Standards, and the Minimum Use Driveway Details Areas[2] outside the roadway shall be properly restored, graded,
topsoiled, seeded and mulched, industrial driveway restoration included.
Roadside swales and ditches and drainage facilities shall be restored
to original design grades. All disturbed areas shall be stabilized
in accordance with acceptable practices for soil erosion and sedimentation
control. NOTE: Disturbed areas exceeding one acre require County Conservation
District review. Pavement construction and restoration work shall
be in accordance with the latest edition of the Department of Transportation's
Form 408, except as specified by Township ordinance.
[2]
Editor's Note: See diagrams included as an attachment to this chapter.
[Ord. 2014-01, 4/21/2014]
Any person who shall violate or fail to comply with any of the
provisions of this Part or any order issued pursuant to this Part
commits a summary offense, and upon conviction thereof, be sentenced
to pay a fine of up to $1,000, together with costs incurred by the
Township involved in the prosecution of each offense. In default of
payment of such fine, the defendant shall be sentenced to imprisonment
for not more than 10 days. The Township Solicitor's office may
assume charge of the prosecution without the consent of the District
Attorney as permitted under the applicable Pennsylvania Rules of Criminal
Procedure relating to trial in summary cases. All fines and penalties
collected for any violation of this Part shall be paid to the Township
and delivered to the Township treasurer for deposit. Each day or any
portion thereof in which a violation is found to exist shall be considered
a separate offense under this Part. Likewise, each section of this
Part which is found to be violated shall be considered a separate
offense.
[Ord. 2014-01, 4/21/2014]
Any person applying for any permit under this Part agrees that
by making said application, the Board of Supervisors may direct the
removal, repair, or alterations of any condition which constitutes
a violation of this Part, as the case may be, which removal, repair
or alteration shall be done by the Township and to certify the costs
thereof to the Township Solicitor. The costs incurred by the Township
of such removal, repairs, or alterations shall become a lien upon
premises involved from the time of such removal, repair, and alteration.
The date of completion shall be determined by the certificate of the
person doing such work, and filed with the Township Secretary.
[Ord. 2014-01, 4/21/2014]
The Township, by means of a complaint in equity, may compel
the owner of the premises to comply with the terms of any notice of
violation, or seek any such other relief as any court of competent
jurisdiction is empowered to afford. All remedies provided to the
Township hereunder are cumulative.
[Ord. 2014-01, 4/21/2014]
Fees shall be established by separate fee schedule resolution
adopted from time to time by the Board of Supervisors.
[Ord. 2014-01, 4/21/2014]
All ordinances, resolutions and/or other Township regulations,
or parts of ordinances, resolutions and/or other Township regulations,
inconsistent with the provisions of this Part are hereby repealed,
including but not limited to Ordinance 1994-1. All other provisions
of the ordinances, resolutions and/or other regulations of the Township
that are not in conflict herewith shall remain in full force and effect.
[Ord. 2014-01, 4/21/2014]
Any person, firm, corporation, or other entity applying for
any permit under this Part agrees, by making said application, to
the following provisions concerning the obligations to indemnify and
save the Township harmless from and against all liabilities of whatever
nature arising during the design of the work, performance of the work,
or as a result of the work for which a permit is granted, whether
or not compliant with the permit itself. The application for a permit
shall contain appropriate language acknowledging that the applicant
agrees to indemnify and hold the Township harmless as required by
this section.
1.
The permittee, and its agents, contractors, employees, heirs, executors,
representatives, successors and assigns shall exonerate, indemnify,
protect, defend (through legal counsel of Township's choice)
and save harmless the Township representatives from any and all claims,
pertaining to, relating to, resulting from, caused by or arising out
of:
A.
The design, construction (including but not limited to materials
and workmanship), alignment or operation of the improvements made
under the permit, including but not limited to any alleged negligence
of the Township or Township representatives, for damages or injuries,
including death, to person or properties;
B.
The failure of the permittee or the permittee's agents, contractors,
employees, heirs, executors, representatives, successors and assigns
to comply with the terms of the permit or this Part; and/or
C.
For a period of two years after completion of the work associated
with the improvements, the failure of the permittee or the permittee's
agents, contractors, employees, heirs, executors, representatives,
successors and assigns to restore the cartway within the Township
right-of-way in the immediate area of the improvements where there
is no similar failure of the cartway within the Township right-of-way
beyond the area adjacent to the improvements.
2.
If requested by the Township, the permittee shall assume, without expense to the Township Representatives, the defense of any claims against the Township Representatives covered by Subsection 1 above. The indemnification and other obligations required by this Part shall apply to all claims, regardless of the appearance or determination at any time or times, by any party, any court, or any other person or entity, of the merit of such claims, even if such claims are ultimately and finally determined to be frivolous, fraudulent or without any connection to any of the foregoing matters or parties. The intent of this Part is that this § 21-112 shall be interpreted broadly for the benefit and protection of the Township representatives.
[Ord. 2014-01, 4/21/2014]
The permittee agrees to waive, release and forever discharge
the Township representatives of and from all manner of claims, pertaining
to, caused by, relating to, arising out of or resulting from damages
or injuries, including death, to person or properties pertaining to,
relating to, resulting from, caused by, arising out of or sustained
in connection with the design, construction, alignment or operation
of the improvements, including but not limited to any alleged negligence
of the Township representatives.
