[HISTORY: Adopted by the Board of Supervisors of the Township
of Clinton as indicated in article histories. Amendments noted where
applicable.]
[Adopted 7-20-1999 by Ord. No. 99-03; amended in its entirety 10-9-2018 by Ord. No. 2018-02]
Title: "An ordinance of the Township of Clinton Township, County
of Butler, and Commonwealth of Pennsylvania, requiring all persons
to obtain permits prior to connecting or paving driveways to public
roads; requiring the submission of plans in compliance with PennDOT
and Township design requirements prior to the issuance of permits
as applicable; providing for the disapproval of plans where connection
or work would result in improper drainage or noncompliance with PennDOT
and Township design and construction requirements; providing for the
payment of permit fees; and providing penalties for violations."
A.Â
This article is intended to promote safe and efficient travel within
Clinton Township by limiting the number of conflict points, providing
safe spacing standards between driveways, encouraging shared access
between abutting properties, and ensuring safe access by emergency
vehicles. In addition, this article is intended to define vehicular
access to land development in a manner that protects the safety and
efficiency of the transportation system.
B.Â
The background of this article and the legislative intention of the
Board of Supervisors ("Board") in enacting it are as follows:
[Amended 7-13-2020 by Ord. No. 2020-01]
(1)Â
The Township of Clinton is a municipal township of the Second Class.
(2)Â
The Township of Clinton may have suffered damage to its roads as
a result of faulty driveway drainage and improper connection of driveways
to Township roads.
(3)Â
Improper connections and faulty drainage may have resulted in hazardous
conditions.
(4)Â
The Township deems it necessary for the proper management, maintenance
and control of its public road system to regulate the connection of
permanent and temporary driveways to Township roads.
(5)Â
The Township desires to require proper connection of driveways and
repair of roadway excavations to minimize damage to Township roads.
This article shall apply to all local roads, collectors, and arterials within Clinton Township as may be identified in functional classification table shown in § 147-24 of Chapter 147, Subdivision and Land Development, of the Code of the Township of Clinton, and to all properties which abut these roadways.
As used in this article, the following terms shall have the
meanings indicated:
The speed, in miles per hour, which is exceeded by only 15%
of the drivers traveling on a section of highway.
The queue exceeded at some point during 5% of the signal
cycles.
A driveway, street or other means of passage of vehicles
between the highway and abutting property, including acceleration
and deceleration lanes and such drainage structures as may be necessary
for proper construction and maintenance thereof. (67 Pa. Code Chapter
441)
The portion of the roadway adjoining the through lane that
is used for speed change, turning, storage or stacking for turning,
deceleration, acceleration, weaving and other purposes supplementary
to through traffic movement.
The total volume of traffic during a number of whole days
(more than one day) and less than one year divided by the number of
days in that period.
The Board of Supervisors of Clinton Township, Butler County,
Pennsylvania.
[Amended 7-13-2020 by Ord. No. 2020-01]
The person who installs a driveway or excavates in a Township
roadway, including all agents, subcontractors, officers or employees
of that person or business entity.
The maximum safe speed that can be maintained over a section
of roadway when conditions are so favorable that the design features
of the road govern.
Every entrance or exit used by vehicular traffic to or from
properties abutting a highway. The term includes proposed streets,
lanes, alleys, courts and ways. (67 Pa. Code Chapter 441)
That element of a driveway that extends from the point of
connection with a highway, street, road, lane, alley, court, etc.
to an interior accessway, parking pad, garage, turnaround, etc.
The exit of vehicular traffic from abutting properties to
a street.
The area beyond the physical intersection of two controlled
access facilities that comprises decision and maneuver distance, and
the required vehicle storage lengths.
A driveway used or expected to be used by more than 1,500
vehicles per day. (67 Pa. Code Chapter 441)
Any highways, roads or streets identified on the legally
adopted municipal street or highway plan or the Official Map which
carry vehicular traffic, together with all necessary appurtenances,
including bridges, rights-of-way and traffic control improvements.
The term shall not include the interstate highway system.
The entrance of vehicular traffic to abutting properties
from a street.
A grade-separated system of access to and from highways that
includes directional ramps for access to and from the crossroads.
Site-generated trips which occur between two or more land
uses on the subject site without exiting onto the intersecting street.
A qualitative measure describing the operational conditions
within a section of roadway or at an intersection that includes factors
such as speed, travel time, ability to maneuver, traffic interruptions,
delay and driver comfort. Level of service is described as a "letter
grade system" (similar to a school grading system) where delay (in
seconds) is equivalent to a certain letter grade from A through F.
Every public highway other than a state highway. The term
includes existing streets, lanes, alleys, courts and ways. (67 Pa.
Code Chapter 441)
A driveway used or expected to be used by more than 25 but
less than 750 vehicles per day. (67 Pa. Code Chapter 441)
A driveway used or expected to be used by more than 750 but
less than 1,500 vehicles per day. (67 Pa. Code Chapter 441)
A residential or other driveway which is used or expected
to be used by not more than 25 vehicles per day. (67 Pa. Code Chapter
441)
Those public capital improvements which are not on-site improvements
and that serve the needs of more than one development.
All improvements constructed on the applicant's property,
or the improvements constructed on the property abutting the applicant's
property necessary for ingress and egress to the applicant's
property and required to be constructed by the applicant pursuant
to any municipal ordinance, including, but not limited to, the municipal
code, subdivision and land development ordinance and zoning ordinance.
[Amended 7-13-2020 by Ord. No. 2020-01]
A lot that is adjacent to the roadway that interrupts the
frontage of another lot.
The owner of the land upon which the driveway is located
and his successors or assigns.
Pennsylvania Department of Transportation.
A highway occupancy permit issued by the Township pursuant
to this article for a temporary or permanent driveway.
The holder of a duly issued permit.
Any natural person, firm, partnership, corporation, entity,
association or other group of persons. The singular shall include
the plural and the masculine shall include the feminine and the neuter.
Permitted driveways in place at the time of the adoption
of this article that do not conform to the standards herein.
Any road, street, alley, bridge or public thoroughfare, including
the entire area between right-of-way lines, either presently maintained
by Clinton Township, or shown on a subdivision or land development
plan and intended to be dedicated to Clinton Township's use in
the future.
An area of land, measured from the center line of the cartway
that can be used by the public for travel and the location of utilities.
The acquisition of an area of land, through dedication or
easement, needed to accommodate the future widening of the roadway.
The construction, enlargement, expansion or improvement of
public highways, roads or streets.
The minimum distance from the street right-of-way line to
the lot line that establishes the area within which no structure can
be erected.
The timing of a series of traffic signals to provide a progressive
movement of traffic at a planned rate of speed through the signalized
intersections without stopping.
The distance required by a driver traveling at a given speed
to stop the vehicle after an object on the roadway becomes visible
to the driver.
Lane footage needed for a right or left turn lane to store
the maximum number of vehicles likely to accumulate during a peak
period of travel.
Includes street, avenue, boulevard, road, highway, freeway,
parkway, lane, alley, viaduct, and any other ways used or intended
to be used by vehicular traffic or pedestrians whether private or
public.
The widening of the roadway to allow the redirection or transition
of vehicles into or around an auxiliary lane.
A driveway as herein defined which has been permitted for
not more than 90 days unless an extension is granted by the Supervisors.
Clinton Township, Butler County, Pennsylvania, or its duly
appointed representatives.
Any road or street adopted or maintained by the Township
of Clinton and includes the full width of the Township's right-of-way,
together with all ditches, watercourses and facilities maintained
by the Township therein.
A one-directional vehicular trip to or from a site.
The total number of vehicular trips going to and from a particular
land use on a specific site during a specific time period.
An area of land beyond the legal or dedicated right-of-way
needed to accommodate future widening of the roadway, measured from
the center line.
A.Â
No person shall construct a new driveway or install or replace a
culvert pipe under an existing driveway until they have received a
permit from the Township.
B.Â
Application for the permit must be made in writing on the forms provided
by the Township.
C.Â
The application shall describe the intended construction in accordance
with the standards set forth in this article relating to depth, slope,
size and location of any culvert pipe.
D.Â
The Board of Supervisors or its duly appointed agent may inspect
the site of the driveway before issuing the permit.
[Amended 7-13-2020 by Ord. No. 2020-01]
E.Â
Upon completion of the work authorized by the permit, the applicant
shall give written notice thereof to the Township.
F.Â
A permit shall be valid for a period of one year.
[Amended 7-13-2020 by Ord. No. 2020-01
Access to and occupancy of highways by driveways and local roads
requires a permit. No driveway, local road or drainage facility or
structure shall be constructed or altered within Township road right-of-way
and no drainage facility of the Township may be altered or connected
onto without first obtaining a permit from the Township. There is
hereby imposed a fee for the issuance of the permits required in this
article, which shall be fixed from time to time by resolution of the
Board of Supervisors and paid upon the application for permit. Said
fee shall be retained by the Township for its general use.
A.Â
Permit required. No person shall hereafter install a temporary driveway,
a permanent driveway, or alter an existing driveway or allow any work
incident to the alteration or installation of a driveway including
the alteration of existing drainage characteristics without first
obtaining a permit from the Township.
B.Â
No combined permits. Each driveway, whether or not serving the same
premises, shall require an individual permit.
C.Â
Application procedures.
(1)Â
Any owner or his declared agent shall, prior to obtaining a permit
for a driveway connection, file an application with the Township on
a form furnished by the Township.
(2)Â
Every person intending to perform excavation or other work within
a public road shall, prior to obtaining a permit, file an application
with the Township on a form furnished by the Township. The application
shall be accompanied by such permit fees and general inspection fees
as determined by resolution from time to time by the Township. Permit
and Inspection fees are used to defray costs incurred by the Township
in reviewing and processing the application and plan(s) and providing
periodic inspection during the progress of the work and after it has
been completed to ensure compliance with the permit and these regulations.
D.Â
Number of driveways:
(1)Â
The number of accesses permitted for a property shall be limited
to one unless property road frontage and/or property use dictates
that more than one access is necessary or desirable to accommodate
traffic to and from the site in a safe and efficient manner. In these
cases, driveways shall be located as to provide minimum safe stopping
sight distance at intersections with streets and shall not be located
within any required clear sight distances in accordance with PennDOT's
standards.
(2)Â
No permanent structures shall be constructed within the road right-of-way.
(3)Â
Clinton Township shall restrict access to right-turn-only ingress
and egress if safe and efficient movements cannot be accommodated
otherwise.
(4)Â
For a property that abuts two or more roadways, Clinton Township
may restrict access to only that roadway which can more safely and
efficiently accommodate traffic.
(5)Â
If Clinton Township anticipates that a property may be subdivided
and that the subdivision may result in an unacceptable number or arrangement
of driveways, or both, the Clinton Township shall require the property
owner to enter into an access covenant to restrict future access.
E.Â
Corner clearance.
(1)Â
Corner clearance shall meet the following driveway spacing standards that are desirable for arterial, collector, and local roads. Please refer to § 147-24 of Chapter 147, Subdivision and Land Development, for definitions of the road types cited below. Driveway spacing shall be measured from edge of driveway to edge of driveway.
(2)Â
Access shall be provided to the roadway where corner clearance requirements
can be achieved.
(3)Â
If the minimum driveway spacing standards cannot be achieved due
to constraints, the following shall apply in all cases:
(a)Â
There shall be a minimum ten-foot tangent distance between the
end of the intersecting roadway radius and the beginning radius of
a permitted driveway. Only single-family residential driveways shall
be permitted under this condition.
(b)Â
The distance from the nearest edge of cartway of an intersecting
roadway to the beginning radius of a permitted driveway shall be a
minimum of 30 feet.
|
(4)Â
If no other reasonable access to the property is available and no
reasonable alternative is identified, the driveway shall be located
the farthest possible distance from the intersecting roadway. In such
cases, directional connections (i.e., right-in/right-out only, right-in
only or right-out only) may be required.
(5)Â
Clinton Township may require restrictions at the driveway if the
Road Master and/or Township Engineer determines that the location
of the driveway and particular ingress or egress movements will create
safety or operational problems.
Upstream Corner Clearance
|
F.Â
Safe sight distance:
(1)Â
Safe sight distance shall be available for all permitted turning
movements at all driveway intersections.
(2)Â
PennDOT's Pub. 441 and Pub. 282 for driveways or Pub. 70 for
local roads shall be referenced to determine minimum driveway and
roadway intersection safe sight distance requirements.
(3)Â
All driveways and intersecting roadways shall be designed and located
so that the sight distance is optimized to the maximum degree possible
without jeopardizing other requirements such as intersection spacing.
G.Â
Driveway channelization:
(1)Â
For high-volume and medium-volume driveways, channelization islands
and medians shall be used to separate conflicting traffic movements
into specified lanes to facilitate orderly movements for vehicles
and pedestrians as determined by the Road Master and/or Township Engineer.
(2)Â
Where it is found to be necessary to restrict particular turning
movements at a driveway due to the potential disruption to the orderly
flow of traffic or a result of sight distance constraints, Clinton
Township may require a raised channelization island.
(3)Â
Raised channelization islands shall be designed with criteria consistent
with the latest AASHTO publication entitled "A Policy on Geometric
Design of Highways and Streets."
A.Â
Required information. The application shall be accompanied by a sketch
of the proposed driveway which at a minimum shall indicate:
(1)Â
Geometric information such as width, radius, dimensions and location
of the public road, right-of-way, slope and grades, length of driveway
to residence or building, and distance to property lines and nearest
driveway(s) and intersection(s). In conjunction with submission of
the application, the applicant shall place stakes at the desired location
which shall coincide with the submitted sketch. The Road Master or
a representative of the Township can assist the applicant in completing
the application.
(2)Â
Safe sight distances shall be indicated on the sketch as obtained
from actual field management. Measurement of sight distance shall
be measured in accordance with the requirements of PennDOT. Signature
of the application by the owner shall be an admission that the indicated
sight distance is the result of actual field measurements.
(3)Â
Drainage culvert (if applicable) or swale including related grades
as may be required. The need for the installation of a culvert pipe,
box channel catch basin, or swale shall be made by the Township Road
Master or a Township representative following initial review. The
application must also include a long-term drainage and erosion control
plan which shall specify provisions for roadside drainage and control
and mitigation of surface water runoff created by installation or
improvement of the driveway.
(4)Â
When determined by the Township Road Master or a Township representative, a stormwater management plan shall be filed in accordance with the requirements of Chapter 127, Stormwater Management, of the Code of the Township of Clinton, in which case approval of the stormwater management plan shall precede issuance of a driveway permit.
B.Â
Review criteria. The application and accompanying sketch and drainage plan shall be reviewed by the Township Road Master, Official, or its duly appointed representative and presented to the Township Board of Supervisors for approval. Driveway design shall conform to the requirements and standards and specifications of this article; PennDOT; Chapter 147, Subdivision and Land Development; Chapter 127, Stormwater Management; and all related standards and specifications which are incorporated herein by reference. In no event shall a permit be issued for a proposed driveway under any of the following circumstances:
(1)Â
It would create hazardous effects of stormwater runoff.
(2)Â
It would cause damage to a public road.
(3)Â
It would increase hazardous driving conditions on the public road.
(4)Â
It would be constructed in a manner which would obstruct it from
view.
(5)Â
The sight distance is inadequate to safely allow movement to be made
into or out of the driveway.
(6)Â
The free movement of highway or street traffic would be impaired.
(7)Â
It would create an area of traffic congestion on the highway or street.
(8)Â
It shall not be located at an interchange, ramp area or a location
that would interfere with the placement, functioning or maintenance
of a highway or street sign, detector, lighting or other device that
affects traffic control.
(9)Â
Where the property abuts two or more streets or highways, ingress
or egress may be restricted to only that highway or street which can
more safety accommodate its traffic.
(10)Â
No more than one driveway shall be permitted per lot on any
one highway or street frontage. The Township Board of Supervisors
may grant permission for additional driveways under exceptional circumstances
with the approval of the Zoning Hearing Board.
(11)Â
It shall not be located within 40 feet of the right-of-way line
of an intersecting street when deemed reasonably necessary for safety
by the Board of Supervisors. The dimension shall be increased for
driveways to shopping centers and other commercial, industrial, public
or institutional purposes.
[Amended 7-13-2020 by Ord. No. 2020-01]
(12)Â
It shall not be located within five feet of a fire hydrant,
catch basin or drain inlet.
(13)Â
It shall not be located within three feet of a side or rear
property line.
A.Â
Driveway throat length.
(1)Â
For minimum-use driveways, the throat length shall be a minimum of
25 feet.
(2)Â
For low-volume driveways, the throat length shall be a minimum of
50 feet or as determined by queuing analysis or traffic study.
(3)Â
For medium-volume driveways, the throat length shall be a minimum
of 120 feet or as determined by a queuing analysis or traffic study.
(4)Â
For high-volume driveways, the throat length shall be a minimum of
150 feet or as determined by a queuing analysis or traffic study.
B.Â
Driveway throat width.
(1)Â
For driveways without curb:
(a)Â
A minimum-use driveway shall have a minimum width of 10 feet.
(b)Â
Low-volume and medium-volume driveways shall have a minimum
width of 10 feet for one-way operation and a minimum width of 20 feet
for two-way operation.
(c)Â
The design of high-volume driveways shall be based on analyses
to determine the number of required lanes.
(3)Â
The Township may require additional driveway width to provide turning
lanes for adequate traffic flow and safety.
(4)Â
The Township may require that the driveway design include a median
to control turning movements. Where medians are required or permitted,
the minimum width of the median shall be four feet to provide adequate
clearance for signs.
C.Â
Driveway radius.
(1)Â
The following criteria shall apply to driveway radii:
(a)Â
For minimum-use driveways, the radii shall be a minimum of 15
feet.
(b)Â
For low-volume driveways, the radii shall be a minimum of 15
feet uncurbed and 25 feet curbed.
(c)Â
For medium-volume driveways, the radii shall be a minimum of
15 feet uncurbed and 25 feet curbed.
(d)Â
For high-volume driveways, the design should be reviewed by
the Municipal Engineer on municipal roadways and PennDOT on state-maintained
roadways.
(2)Â
For all driveways, the radii shall be designed to accommodate the
largest vehicle expected to frequently use the driveway.
(3)Â
Except for joint driveways, no portion of a driveway radius may be
located on or along the frontage an adjacent property.
D.Â
Driveway profile.
(1)Â
Driveway grade requirements where curb is not present on the intersecting
street:
(a)Â
Shoulder slopes should vary from 4% to 6%. When shoulders are
present, the existing shoulder slope shall be maintained across the
full shoulder width.
(b)Â
The change in grade between the cross slope of the connecting
roadway or shoulder and the driveway shall not exceed 8%.
(c)Â
The driveway grade shall not exceed 8% within 10 feet of the
edge of travel lane for minimum-use driveways and within 40 feet for
low-volume, medium-volume and high-volume driveways.
(d)Â
A forty-foot minimum vertical curve should be used for a high-volume
driveway.
(2)Â
Driveway grade requirements where curbs and sidewalks are present:
(a)Â
The difference between the cross slope of the roadway and the
grade of the driveway apron may not exceed 8%.
(b)Â
The driveway grade shall not exceed 8% within 10 feet of the
edge of travel lane for minimum-use driveways and within 40 feet for
low-, medium- and high-volume driveways.
(c)Â
If a planted area exists between the sidewalk and curb, the
following shall apply:
[1]Â
The grade of the planted area shall not exceed 8%.
[2]Â
If the driveway grade would exceed 8% in the area between the
curb and the sidewalk, the outer edge (street side) of the sidewalk
may be depressed to enable the driveway grade to stay within 8%. A
maximum sidewalk cross slope of 8% must be maintained.
[3]Â
If the sidewalk cross slope exceeds 2%, the entire sidewalk
may be depressed. The longitudinal grade of the sidewalk may not exceed
6%.
(3)Â
Although site conditions may not allow strict adherence to these
guidelines in this article, every effort should be made to design
and construct the safest and most efficient access onto the municipal
or state roadway.
 |
A.Â
No person shall design, construct or maintain any driveway or artificial
drainage facility which shall permit water or other liquid to be deposited
upon or discharged over a Township road.
B.Â
No person shall design, construct or maintain any driveway in any
manner which will block, impede or restrict the flow of culverts,
ditches or other drainage facilities relating to a Township road.
C.Â
All driveways which are installed on any public road will be required
to install either a drainage pipe (culvert) or construct a drainage
swale as directed by the Township Road Master, Official, or its designated
representative and approved by the Township Board of Supervisors.
A.Â
Where it is necessary to install or replace a culvert under a driveway
to keep the drainage channel open, it shall be the responsibility
of the permit holder to do so in accordance with these standards.
The culvert shall be at least 12 inches in diameter, but preferably
15 inches in diameter, and shall be large enough to carry the normal
flow of the drainage channel. The culvert shall have a minimum length
of 20 feet. Cover or underground utilities shall dictate the use of
the twelve-inch diameter or fifteen-inch diameter conduit with assistance
from the Township Road Master.
B.Â
The culvert shall be of sufficient strength to bear the weight of
the heaviest vehicle normally using the driveway and shall be ASTM
(American Society for Testing Material) standard drainage pipe or
its equivalent. Equivalency of substitutes is to be approved in writing
by the Supervisors or their duly appointed agent prior to installation.
C.Â
A minimum fall of 3/4 inch per foot shall be maintained from the
edge of the pavement or cartway of the Township road to the top of
the culvert cover.
The owner and/or contractor are responsible for damage to any
portion of the public road caused by equipment in route or used at
the work site.
Maintenance and protection of traffic shall be carried out in
accordance with the requirements of the Pennsylvania Department of
Transportation, as set forth in Publication No. 43 and Publication
No. 90, or as amended.
A.Â
The permittee shall provide and maintain all necessary precautions
to prevent injury or damage to persons and property in accordance
with instructions furnished by the district office. A traffic control
plan shall be submitted to and approved by the Township Engineer before
detouring any traffic.
B.Â
Warning signs shall be placed in advance of the actual operation
in such a manner as to be visible to the traveling public, and substantial
barricades with adequate illumination shall be provided and maintained
for any open trench or hole in the improved area.
C.Â
Designated employees shall be assigned by the permittee to direct
traffic. Flagpersons shall be provided as specified in the permit
and in accordance with Publication No. 43 and Publication No. 90.
D.Â
At no time should the activities of the permittee disrupt the normal
flow of traffic on the public roadway for more than 10 minutes (i.e.,
loading and unloading of equipment or supplies from the public right-of-way).
E.Â
During any operations permitted by this article, any equipment or
vehicles not in active use must be parked or stored at least four
feet from the edge of the cartway of the Township road.
All driveways which are constructed and have access onto a paved
public road will be required to be paved from the edge of the existing
public road to the right-of-way limit or the end of the radius whichever
extends further from the Township road.
A.Â
Joint and cross access:
(2)Â
Adjacent nonresidential properties shall provide a joint or cross
access driveway to allow circulation between sites wherever feasible
along roadways classified as major collectors or arterials in accord
with the functional classification contained in the municipal Comprehensive
Plan. The following shall apply to joint and cross access driveways:
(a)Â
The driveway shall have a design speed of 10 mph and have sufficient
width to accommodate two-way traffic including the largest vehicle
expected to frequently access the properties.
(b)Â
A circulation plan that may include coordinated or shared parking
shall be required.
(c)Â
Features shall be included in the design to make it visually
obvious that abutting properties shall be tied in to provide cross
access.
(3)Â
The property owners along a joint or cross access driveway shall:
(a)Â
Record an easement with the deed allowing cross access to and
from other properties served by the driveway.
(b)Â
Record an agreement with Clinton Township so that future access
rights along the driveway shall be granted at the discretion of the
Township and the design shall be approved by the municipal engineer.
(c)Â
Record a joint agreement with the deed defining the maintenance
responsibilities of each of the property owners located along the
driveway.
Joint Driveways and Cross Access
|
B.Â
Access to outparcels:
(1)Â
For commercial and office developments under the same ownership and
consolidated for the purposes of development or phased developments
comprised of more than one building site, Clinton Township shall require
that the development be served by an internal road that is separated
from the main roadway or cartway providing ingress and egress to the
development.
(2)Â
All access to outparcels shall be internalized using the internal
roadway.
(3)Â
The driveways for outparcels shall be designed to allow safe and
efficient ingress and egress movements from the internal road.
(4)Â
The internal circulation roads shall be designed to avoid excessive
queuing across parking aisles.
(5)Â
The design of the internal road shall be in accordance with all other
sections of this article.
(7)Â
Clinton Township may require an access covenant to restrict an outparcel
to internal access only.
A.Â
Any person required by this article to apply for and obtain a permit
who fails to do so shall be given seven days written notice to do
so by posting a notice at the site of violation and by mailing a copy
to the registered landowner for real estate tax purposes by certified
mail, return receipt requested, allowing an additional seven days
to obtain said permit. If, at the expiration of seven days such permit
is not obtained, any person found liable therefor in a civil enforcement
proceeding commenced by the Township before a Magisterial District
Judge, shall pay a fine of not more than $600, plus all court costs,
including reasonable attorney's fees, incurred by the Township in
the enforcement of this article. If the defendant neither pays nor
timely appeals the judgment, the Township may enforce the judgment
pursuant to the applicable Rules of Civil Procedure. Each day a violation
exists shall constitute a separate offense. Further, the appropriate
officers or agents of the Township are hereby authorized to seek equitable
relief, including injunction, to enforce compliance herewith.
[Amended 7-13-2020 by Ord. No. 2020-01]
B.Â
In addition to the fine prescribed in this article, if the condition
which required the application for and receipt of the permit required
under this article is not corrected within 30 days of the notice to
the landowner as hereinbefore provided, then the Township Supervisors
or their duly authorized agents may remove the offending condition
and repair, maintain or reconstruct the drainage facilities or driveway
in accordance with this article and charge the cost of restoring the
same to the landowner.
[Amended 7-13-2020 by Ord. No. 2020-01]
The Township may reinspect the work not more than two years
after its completion, and, if there is settlement of the connection
or any other defects appear in the work contrary to the conditions,
restrictions and regulations of this article, the Township may enforce
compliance therewith. If the owner fails to rectify a defect which
presents an immediate or imminent safety or health problem within
48 hours or any other defect within 60 days after written notice from
the Board of Supervisors to do so, the Township may do the work and
impose upon the owner the cost thereof, together with an additional
20% of the costs, which may be recovered by the Township.
As part of obtaining a driveway permit, all property owners
shall be responsible for maintenance of the driveway and related drainage
or stormwater management plan. In the event that excess stormwater
runoff or sediment is diverted onto public roads, the owner will be
given notice and required to make necessary corrections to bring the
driveway and drainage into compliance. In the event that a driveway
culvert pipe becomes crushed or blocked, it may be replaced at the
owner's expense. The Township reserves the right to require the
owner to make repairs, to make the repair at the owner's expense
or to contract with a third party at the owner's expense to perform
the needed repairs. All property owners shall be responsible for any
and all costs for maintenance to public roadways resulting from water
runoff caused by improperly maintained driveway pipes.
Where construction permitted by this article requires equipment
to park at the site overnight, it shall be located a minimum of four
feet from the edge of the cartway of the Township road.
Measurement of sight distance from a vehicle turning from a
driveway shall be such that the position of the driver is taken to
be 10 feet from the edge of the traveled roadway at the center line
of such driveway; the driver eye height is to be 3.5 feet; the vehicle
height on traveled roadway is to be 3.5 feet. Adequate sight distance
is to be provided to the right and to the left of the driveway.
If the plans meet the criteria above, the Township shall issue
the permit. If the application is found to be deficient, or if in
the opinion of the Township the plan should be revised in order to
meet the criteria above, the Township shall notify the owner of the
changes to be made, whereupon the applicant shall make such changes
and return the revised plans to the Township. When the application
is acceptable to the Township, the permit shall be issued.
A.Â
The Township of Clinton may issue a temporary driveway permit allowing access to a roadway for activities such as logging, oil and gas drilling, or access to a property for which the owner or his agent do not wish to maintain a permanent driveway. The fee required by the owner or his agent shall be the same as for a permanent driveway. At the time of issuance of the temporary permit, the owner or his agent must provide a date upon which the temporary driveway will be removed and the area upon which the temporary driveway was constructed will and must be reshaped to the condition it was in before the temporary driveway was constructed. The primary party responsible for the removal of a temporary driveway and the reclamation of the area utilized by the temporary driveway is the party listed on the application for the temporary driveway permit. All specifications listed in this article, and Chapter 147, Subdivision and Land Development, shall apply.
B.Â
In addition, the Township, at the discretion of Board of Supervisors,
may grant an extension in regard to the expiration date of a previously
issued temporary driveway permit when the permittee submits a written
request and an explanation for the delay. The Township may establish
an additional fee payment for the administration of such a request.
[Amended 7-13-2020 by Ord. No. 2020-01]
Title 67, Chapter 441, of the Pennsylvania Code, as amended,
is hereby incorporated herein by reference, except where the context
thereof would be reasonably substitute the Township for the Pennsylvania
Department of Transportation; and procedure for appeals from determinations
of the Township which shall be governed by applicable law.
This article is intended to supplement and be a continuation
of prior regulations not as a repeal thereof.
[Adopted 1-12-2016 by Ord. No. 2016-01]
This article shall be known as the "Clinton Township Road Excavation
Specifications."
The following words and phrases, when used in this article,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
The area surrounding the immediate area of the permitted
work which can reasonably be assumed to have been affected by the
permitted work.
The person or entity filing an application under this article
for a permit. Once a permit has been issued, the applicant, or his
assignee if the assignment of the permit shall have been approved
by the Township Secretary or his designee, shall be deemed the "permittee."
Material used to replace excavated soils or other materials,
or the act of replacing material that has been removed during construction.
The layer or layers of specified or selected material of
designed thickness placed on a subbase or a subgrade to support a
surface course.
A structure, including supports, erected over a depression
or an obstruction, such as water, a road or railway, and having a
track or passageway for carrying traffic or other moving loads and
having an opening measured along the center of the cartway of more
than 20 feet between supports.
That portion of a road improved, designed or ordinarily used
for vehicular travel, exclusive of the sidewalk or shoulder.
The portions of right-of-way beyond the pavement edge within
which no existing obstructions are located.
A person employed or appointed by the Township to administer
and enforce the adopted ordinances of the Township.
Any structure not classified as a bridge that is positioned
under the cartway with an opening that allows water to flow from one
side of the cartway to the other. A culvert can vary in size or diameter
and provides an opening under the cartway.
A publication containing PennDOT's utility relocation
and accommodation policies, including any amendment thereto and any
substitution or replacement thereof.
Includes all privately, publicly or cooperatively owned lines
and systems for producing, transmitting or distributing communications,
electricity, heat, gas, oil, crude products, water, steam, waste and
other similar commodities which directly or indirectly serve the public
and all appurtenances and attachments thereto.
Also known as a "guy-wire," "guy-line" or "guy-rope"; is
a tensioned cable designed to add stability to a freestanding structure.
The area within the right-of-way which has been constructed
for road purposes, including roadbed, pavement, shoulders, slope,
sidewalks, drainage facilities and any other appurtenances.
The Township's authorized representative assigned to
inspect permit operations.
The combination of subbase, base course, binder course and
surface course placed on a subgrade to support the traffic load and
distribute it to the roadbed.
The Pennsylvania Department of Transportation.
A road occupancy permit issued by the Township pursuant to
this article.
See definition of "applicant" above.
Any natural person, firm, copartnership, association, corporation
or political subdivision.
Placing utility cables underground by means of a plow mechanism.
A publication containing PennDOT's highway construction
specifications, including any amendment thereto and any substitution
or replacement thereof.
The area between the right-of-way lines of a road.
Clinton Township, Butler County, Pennsylvania.
A civil engineer who is registered as a professional engineer
in the Commonwealth of Pennsylvania and is employed, contracted or
appointed by the Township.
A road under the jurisdiction of the Township.
The corporate official appointed by the Township Supervisors
as the Township Secretary or such Official's properly designated
representative. The Township Secretary is responsible for the administration
of this article, and may delegate certain authority under this article
to various officers of the Township, including but not limited to
the Township Engineer, Township Inspector, Public Works Director and
the Codes Enforcement Officer.
The Township Supervisors of Clinton Township, Butler County,
Pennsylvania.
A person owning a utility facility, including any wholly
owned or controlled subsidiary, and including any plumber or any other
contractor hired or engaged by the owner.
It shall be unlawful for any person, private entity, or subcontractor
engaged by an individual or private entity, except any department
or Municipal Authority of the Township, to perform the opening or
excavation in or under any Township road, unless and until a permit
is secured from the Township for each separate undertaking. All work
performed within the right-of-way shall conform to the provisions
of PennDOT Publication 213, Temporary Traffic Control Devices. Notwithstanding
the aforesaid, a permit shall not be required in the following instances.
A.Â
Application for permit. Application, in writing, shall be made to
Clinton Township on the appropriate form as provided by the Township,
which shall be completed and signed by the person making the proposed
road opening or excavation. The application shall include the location
of the proposed work, opening or excavation details, including the
size and the purpose thereof. The person making and signing said application
shall comply with all the provisions of this section as set forth
herein.
B.Â
Time extension. A permit is valid for a six-month period. If the
permittee has not completed all authorized work by the completion
date specified on the permit, an application shall be submitted requesting
a time extension on the permit. If approved by the Township, a supplemental
permit will be issued.
C.Â
Extension of permit scope. Whenever the excavation, opening or trench
exceeds the size set forth in the application, an amendment to the
permit must be secured within 48 hours to cover such extra excavation,
opening or trench.
D.Â
Filing fee and certificates of insurance. The application shall be
accompanied by a filing fee as established from time to time by resolution
duly adopted by the Township. In addition, the applicant shall, prior
to the issuance of a permit, furnish a certificate of insurance naming
the Township as an additional insured, with coverage pursuant to the
requirements noted herein.
E.Â
Deposit and bonding. Except for entities operating under a franchise
agreement covering an area in whole or in part within the Township,
the application shall be accompanied by a cash deposit or bond with
a surety that is licensed to transact such business in the Commonwealth
of Pennsylvania in double the amount needed, in the judgment of the
Township, to cover the cost of temporary and permanent restoration
and to cover the cost of all inspections made by the Township within
the improved area of the right-of-way of the road resulting from the
permitted work in the event that the Township is required to make
said restoration. The Township may, at its option, permit the applicant
to make said restorations, but a deposit or bond in double the amount
shall nevertheless accompany the application as a guaranty that said
restorations will be made. In either event, the amount of the deposit
or bond shall be established by the Township, and the minimum deposit
amount shall be $500.
F.Â
Bonding of public utilities.
(1)Â
Public utility corporations operating under a franchise agreement
covering an area located in whole or in part within the Township shall
have on file with the Township a bond in the amount of $5,000 or as
may from time to time be established by the Township with a surety
that is licensed to transact such business in the Commonwealth of
Pennsylvania, which bond shall be renewed annually, covering the cost
of temporary and permanent restoration and covering the cost of all
inspections made by the Township pertaining to all openings or excavations
made or to be made in a calendar year or shall furnish a bond in the
amount determined by the Township covering the aforesaid costs pertaining
to proposed openings or excavation set out in the application. The
aforesaid bonds shall have either corporate surety or other surety
approved by the Township and shall be conditioned to indemnify the
Township in the event of any loss, liability or damage that may result
or accrue from or be due to the making, existence or manner of guarding
or constructing any such opening or excavation during the term of
said bond. At the conclusion of work, a maintenance bond shall remain
in effect for a period of 18 months to guarantee repairs to defects.
(2)Â
Said bonds shall be approved or disapproved by the Township in its
sole discretion. The bond shall then be filed with the Township.
G.Â
Exemption. Any Municipal Authority created by the Township shall
be exempt from filing the permit fees, deposits and bonds and from
the inspection requirements noted herein. Any department of the Township
shall be exempt from all regulations and requirements of this article.
H.Â
Blasting bond and preblast inspections. When the applicant anticipates that blasting operations will be necessary in order to perform the permitted work, an executed blasting bond shall be submitted with the application as set forth in § 139-30M of this article. The Township shall determine the amount of the blasting bond. In addition, the Township shall also determine the need for preblast inspections of structures or facilities which may be affected by the permitted work. Costs for said inspections shall be borne by the applicant.
I.Â
Traffic control plan. When the applicant anticipates that it will
be necessary to close a portion of a road to vehicular traffic in
order to perform the permitted work, the applicant shall submit a
traffic control plan with the application for review and approval
by the Township prior to issuance of the permit.
J.Â
Additional inspection fees. If the Township determines that the permitted
work is of sufficient magnitude or importance to warrant assignment
of one or more Township Inspectors to inspect the permitted work on
a more-than-spot-inspection basis, the applicant shall be charged
for all salary, overhead and expenses incurred by each assigned inspector.
K.Â
Authorization to begin work. Upon application duly made in accordance
with the regulations set forth in this article, a permit will be issued
by the Township subject to this article and the conditions contained
on the permit and its attachments and supplements. Receipt of an approved
permit shall be deemed the applicant's authority to proceed with
the work and shall also serve as a receipt for the fees accompanying
the application. Work must be performed during normal working hours
and the Township must be given 48 hours of notice if work is to be
performed on a weekend or holiday.
L.Â
Work completion notification. The applicant shall notify the Township
within 48 hours of the completion of all work.
M.Â
Additional deposits and fees. Should the costs of restorations and/or
inspections completed by the Township exceed the amount of the deposit
or bond, the applicant shall, upon written notification by the Township,
reimburse the Township within 30 days receipt of said notification
for any portion of the costs associated with the inspections and/or
restorations not covered by the deposit or bond.
N.Â
Return of deposit or bond. When the Township permits the applicant to make the restorations in accordance with the requirements of § 139-31 of this article, the Township shall, within 45 days of written notification of completion of final restoration, return the portion of the deposit or bond, other than the bond of a public utility corporation set forth in Subsection F above, which was being held as a guaranty for the performance of said restorations.
A.Â
Permit administration procedure. Emergency repairs involving the
placing of public utility facilities or opening of the surface within
the right-of-way may be performed prior to obtaining a permit, provided
that the following procedure is adhered to:
(1)Â
The utility shall notify the Township immediately, or as soon as
practical and possible, when the necessity for an emergency repair
occurs. If the Township office is closed, the utility shall notify
the Township immediately upon the opening of the Township office.
(3)Â
A regular permit shall be applied for within five days to confirm
and set forth, in detail, any emergency work performed.
(4)Â
All work performed shall conform to the regulations set forth in
this article.
(5)Â
Any emergency work resulting in an opening in the cartway shall include
the placement of a steel plate over the opening in the cartway with
the edges of the steel plate affixed to the existing cartway surface
with bituminous cold patch material.
The following conditions shall apply to permits issued pursuant
to this article:
A.Â
Scope of permit. The permit shall be binding upon the permittee,
its agents, contractors, successors and assigns.
(1)Â
The permittee shall be responsible for causing compliance with all
terms and conditions of the permit by its agents, contractors and
successors.
(2)Â
The permit shall be located at the work site and shall be available
for inspection by the Township.
(3)Â
The permit shall be maintained as a permanent record and remain in
effect, subject to the permit conditions and regulations set forth
in this article, as long as the facilities authorized by the permit
occupy the right-of-way.
(4)Â
Responsibility for compliance with the terms of the permit cannot
be assigned or transferred by the permittee without first obtaining
approval from the Township. Any facility installed under the authority
of said permit shall be subject to removal or relocation by the Township,
or by its designee, at the expense of the permittee.
B.Â
Additional restrictions. All work authorized by the permit is subject
to:
(1)Â
All applicable federal, state and Township laws, ordinances, rules
and regulations, including but not limited to:
(a)Â
The Act of October 16, 1971 (P.L. 1017, No. 147) (53 P.S. § 1611),[1] as amended, concerning environmental control measures
related to pollution and the preservation of public natural resources,
including but not limited to Stormwater MS4 Permit compliance as applicable.
[1]
Editor's Note: Said statutory section was repealed in 1998
by P.L. 358, No. 57; see now 62 Pa.C.S.A. § 3301 et seq.
(b)Â
The act of December 10, 1974 (P.L. 851, No. 187) (73 P.S. §§ 176
to 181), or as amended, concerning protection of the public health
and safety by preventing excavation or demolition work from damaging
underground utility facilities.
(c)Â
Occupational Safety and Health Administration (OSHA) construction
safety and health regulations, 39 FR 22801, June 14, 1974, as published
in the Federal Register, 29 CFR 1926.1 et seq. or as amended.
[Amended 7-13-2020 by Ord. No. 2020-01]
C.Â
Township standards. The work shall be done at such time and in such
manner as shall be consistent with the safety of the public and shall
conform to all requirements and standards of the Township. If at any
time it shall be found by the Township that the work is not being
done or has not been properly performed, the permittee, upon being
notified by the Township, shall immediately take the necessary steps,
at its own expense, to place the work in condition to conform to such
requirements or standards. A representative from the Township or the
Township's Engineer may be on sight to inspect the work of the
contractor.
D.Â
Permittee responsibilities.
(1)Â
The permittee shall be responsible for all costs and expenses incident
to or arising from the permitted work, including the prescribed fees
for the same, the cost of making and maintaining temporary restoration
of the disturbed areas and making permanent restoration.
(2)Â
In the event of failure or neglect by the permittee to perform and
comply with the permit or the regulations set forth in this article,
the Township may immediately revoke and annul the permit and order
and direct the permittee to remove any or all structures, equipment
or property belonging to the permittee and/or its contractors from
the legal limits of the right-of-way and to restore the right-of-way
to its former condition. In the event that the Township determines
that such structures, equipment or property pose a threat to the public
safety and the permittee fails to remove the same after notice from
the Township to do so, any attorney of any court of record shall be
authorized to appear and to enter an amicable action of ejectment
and confess judgment against the permittee, and the Prothonotary shall
be authorized to issue forthwith a writ of possession with costs,
without leave of court.
(3)Â
If work is stopped on a project for any reason, other than at the
end of any normal workday, and any excavations or openings, in the
opinion of the Township, remain open for an unreasonable period, the
permittee, if so directed, shall refill the excavations or openings,
and work shall not be resumed until the permittee is prepared to proceed
immediately with the work to its completion. In the event that the
permittee fails to refill the excavations or openings or proceed until
completion of the work upon notice from the Township to do so, the
Township may perform the necessary and required work and shall be
reimbursed for the costs by the permittee within 30 days after receipt
of the Township's invoice.
(4)Â
If the permittee, after making an opening in the surface to place or repair a facility or for any other purpose, fails to restore any portion of the right-of-way to conform to § 139-30 of this article, upon notice from the Township to do so, the Township reserves the right to do the work, and the permittee shall reimburse the Township for the costs within 30 days after receipt of the Township's invoice.
E.Â
Altering vegetation prohibited. This permit does not authorize the
permittee to cut, remove or destroy trees or shrubbery within the
right-of-way unless specifically noted on the permit.
F.Â
Altering drainage prohibited.
(2)Â
The issuance of a permit does not authorize the permittee to direct,
divert or otherwise drain surface waters over the property of any
other property owner.
(a)Â
The issuance of a permit does not in any way relieve the permittee
from acquiring the consent, permission or other authorization from
any property owner who may be adversely affected by drainage alterations.
(b)Â
The permittee is responsible for any damage caused to any private
or public property as a result of work done under the permit.
G.Â
Equipment damage to road or sidewalk.
(1)Â
To protect the pavement, sidewalk and shoulders, all equipment shall
have rubber wheels or runners and shall have rubber, wood, tires,
mats, or similar protective pads between the outriggers and the surface
unless otherwise authorized by the permit.
(2)Â
In the event that other than rubber-equipped machinery is authorized
for use, the pavement, sidewalk and shoulders shall be protected by
the use of matting, wood, mats, tires, or other suitable protective
material having a minimum thickness of four inches, unless the permit
requires the permittee to repave the roadway full width.
(3)Â
If the equipment damages the pavement, sidewalk or shoulders, the
permittee shall restore the pavement, sidewalk or shoulders to their
former condition, at the permittee's expense.
H.Â
Traffic protection and maintenance. Maintenance and protection of
traffic shall be carried out in accordance with the requirements of
PennDOT as set forth in Publication No. 108 and Publication No. 213.
(1)Â
The permittee shall provide and maintain all necessary precautions
to prevent injury or damage to persons and property in accordance
with instructions furnished by the Township. A traffic control plan
shall be submitted to the Township and approved by the Township before
the detouring of any traffic. The permittee shall notify local school
bus companies, emergency management services, and Fire Department
officials about the traffic control plan and work schedule.
(2)Â
Warning signs shall be placed in advance of the actual operation
in such a manner as to be visible to the traveling public, and substantial
barricades with adequate illumination shall be provided and maintained
for any excavations or openings in the improved area.
(3)Â
Designated employees of the permittee shall be assigned by the permittee
to direct one-lane traffic. Flagmen shall be provided as specified
in the permit and in accordance with PennDOT Publication No. 108 and
Publication No. 213.
I.Â
Roads under construction. No permit application will be approved
for occupancy of a section of right-of-way within which a road construction
or reconstruction project is underway or, if a contract for such a
project has been let, until the project is completed and accepted
by the Township. The provisions of this subsection shall not apply:
(1)Â
In case of emergency, in which case the permittee shall procure the consent of the Township to do such work as deemed necessary to correct the existing emergency condition in accordance with § 139-29 of this article relating to emergency work; or
(2)Â
Where the permittee has been authorized by the Township to relocate
or adjust its facilities simultaneously with such road construction.
J.Â
Sharing facilities. Subsurface. The application shall identify any
other utility's facility that will be sharing a trench or structure
with the applicant's facilities.
K.Â
Indemnification. The permittee shall fully indemnify and save harmless
and defend the Township of and from all liability for damages or injury
occurring to any person or persons or property through or in consequence
of any act or omission of any contractor, agent, servant or employee
of the permittee or other person engaged or employed in, about or
upon the work by, at the instance or with the approval or consent
of the permittee; from any failure of the permittee or any such person
to comply with the permit or the regulations set forth in this article;
and from the failure, during the two-year period after completion
of the permitted work, of the road in the immediate area of the work
performed under the permit where there is no similar failure of the
road beyond the area adjacent to the area of the permitted work.
L.Â
Insurance. The permittee shall submit to the Township a certificate
of insurance for public liability and property damage, naming the
Township an additional insured, and in form and amount satisfactory
to the Township, to cover any loss that may be incurred for or on
account of any matter, cause or thing arising out of the construction,
reconstruction, repair, relocation or installation of the permitted
structures or facilities.
M.Â
Blasting. No predrilling or blasting shall be permitted within the
right-of-way, unless authorized by the permit.
(1)Â
If the permittee proposes to blast, the permittee shall make, execute
and deliver a bond to the Township in an amount determined by the
Township, with surety by a company duly registered and authorized
to do business in the Commonwealth of Pennsylvania, conditioned that
the Township will be saved harmless from any damages whatsoever to
the improved area and all other private and public property for a
period of one year from the date of the completion of the last work
covered by the permit.
(2)Â
When blasting is anticipated within 100 feet of any building or structure,
a detailed plan of excavating, shoring, blasting and backfilling procedures
shall be submitted with the application to the Township for review
and approval. The Township may require preblast inspections to be
made of all structures or facilities which, in its opinion, may be
affected by the permitted work.
(3)Â
Only controlled blasting, as specified in PennDOT Publication 408,
shall be permitted within the improved area.
N.Â
Maintaining structure or facility. As long as the permittee operates
and leaves in place any structure or facility in, upon or along the
right-of-way, the permittee shall maintain and keep it in good order
and repair.
O.Â
Damaged structure or facility. If at any time the structure or facility
shall become damaged from any cause whatsoever, the permittee shall
have it removed, repaired or otherwise made safe immediately upon
notification from the Township.
P.Â
Damage to road.
(1)Â
If there is a failure of the road, including slope or any other appurtenance
thereto, in the immediate area of the permitted work within two years
after completion of the permitted work and there is no similar failure
of the road beyond the area adjacent to the area of the permitted
work, the permittee shall have absolute responsibility to make all
temporary and permanent restoration, including restoration of the
adjacent area if it has also failed.
(2)Â
If there is a failure of the road, including slope or any other appurtenance
thereto, in the area adjacent to the immediate area of the permitted
work within two years after the completion of the permitted work and
there is no similar failure of the road in the area of the permitted
work or beyond the area adjacent to the area of the permitted work,
it shall be presumed that the work done by the permittee was the proximate
cause of the failure, and the permittee shall be responsible to make
all temporary and permanent restoration unless the presumption is
rebutted by clear and convincing evidence.
(3)Â
Where the permittee has the responsibility to restore the road, including
slope or any other appurtenance thereto, under any of the above provisions,
including instances where a presumption of responsibility has not
been rebutted, the permittee shall have the duty to restore the improved
area in accordance with the original permit. If the permittee fails
to restore the improved area properly, the Township shall have the
authority to do the work at the permittee's expense, using Township
employees and equipment and/or by contractor, as determined by the
Township in its sole discretion. The permittee shall reimburse the
Township for the costs within 30 days after receipt of the Township's
invoice.
Q.Â
Future road changes. If at any time in the future the road in which
a permitted structure or facility is installed or constructed is altered
for public convenience or necessity, the owner of the facility shall,
at its own cost and expense, change or relocate all or any part of
the structure or facility authorized by the permit which interferes
with such road alterations or which is inconsistent with the purpose
of the road alterations.
R.Â
Approval by Inspector. Approval by the Township's Inspector
of all or part of any permitted work shall not constitute acknowledgment
that the work was performed in accordance with the permit, nor shall
such approval of the Inspector act as a release of the permittee or
waiver by the Township of its right to seek performance or restitution
from the permittee.
A.Â
Drilling, boring, driving or tunneling across improved area.
(1)Â
When crossing under any improved area, the opening for a utility
facility shall be drilled, bored or driven on a horizontal plane at
a minimum depth of three feet below the surface of the road and its
swale ditches.
(2)Â
No openings for the purpose of placing utility facilities or other
structures under the improved area by drilling, boring, driving or
tunneling shall be made closer than three feet to the edge of the
roadway, unless the permit authorizes a lesser clearance.
(3)Â
Facilities and other structures crossing under the improved area
shall be constructed so as to assure the safety of the traveling public
and to preclude the necessity of entering upon the improved area to
effect future maintenance or replacement. Such facilities shall comply
with applicable provisions of PennDOT Design Manual, Part 5.
(4)Â
Must be responsible for structural damage to the road or cartway,
including berm and bore pit areas, up to 18 months after the completion
of work.
B.Â
Trenching across improved area.
(1)Â
No trenching shall be permitted across the improved area, unless
authorized by the permit.
(2)Â
Trenching across the improved area may be authorized by the permit
where drilling, boring, driving or tunneling is not feasible because:
(a)Â
The subsurface is solid rock.
(b)Â
There are other facilities located longitudinally under the
improved area and their location precludes methods other than trenching.
(c)Â
Adjacent development in a very congested urban area makes the
construction of a tunneling or boring shaft impossible.
(d)Â
The Township determines that the disruption to traffic and length
of exposure will be minimal.
(3)Â
When trenching is specified in the permit and the utility facility
is to be placed across the road in one piece, the trenching operation
shall be performed by the following method:
(a)Â
Traffic shall be routed over 1/2 the pavement width.
(b)Â
The closed half of the pavement shall be opened to the required
depth and bridged with steel plates, with bituminous cold patch used
to seal around the perimeter of the steel plate(s).
(c)Â
Traffic shall be shifted to the bridged half of the pavement.
(d)Â
The remaining half of the pavement shall be opened to the required
depth.
(e)Â
The facility shall be placed full width.
(f)Â
The open trench shall be backfilled and restored half-width
in accordance with this section, relating to special conditions -
subsurface operations.
(g)Â
Traffic shall be shifted to the restored half of the pavement.
(h)Â
The bridging shall be removed and the remaining half of the
trench shall be backfilled and restored in accordance with this section,
relating to special conditions - subsurface operations.
C.Â
Installation while road closed. If the Township determines that the
duration of trenching operation can be minimized by allowing a temporary
closure of the Road, the entire cartway may be opened to install the
facility. The permission to do so must be stated on the permit.
D.Â
Trench openings parallel to road.
(1)Â
Trench openings for utility facilities and other structures shall
be made so that the near edge of the opening is at least three feet
outside the edge of the cartway, unless the permit authorizes a lesser
clearance, with a minimum depth of three feet from the surface to
the top of the facility.
(2)Â
On an unpaved road, the near edge of the trench opening shall be at least 12 feet from the general center line of the traveled road, or as authorized in Subsection I of this section.
(3)Â
No trench opening shall be left open for a distance of more than
100 feet at any one time, unless authorized by the permit. In addition,
no more than 40 feet of trench shall be left open on the shoulder
of a road at the end of any workday, unless authorized by the permit.
E.Â
Plates or bridging required. Except for emergency repairs of utility
facilities or as set forth on the permit, work shall be stopped prior
to peak traffic hours that exist on a particular road on a particular
day. Steel plates or bridging shall be placed over all openings made
within the improved area which are less than six feet in either length
or width when work is stopped. The plates or bridging shall be extended
a minimum of 18 inches from each edge of the opening and shall be
secured in a safe manner.
F.Â
Plowing installation of utility facilities.
(1)Â
No plowing shall be permitted within the right-of-way, unless authorized
by the permit.
(2)Â
Plowing operations will be authorized only in unpaved shoulders.
(3)Â
Plowing operations are not allowed from November through March, inclusive,
unless authorized by the permit.
(4)Â
No plowing shall be permitted within three feet from the edge of
the cartway. A greater distance shall be attained wherever possible.
(5)Â
The opening shall be a minimum depth of three feet. If this depth
cannot be consistently maintained, the proper depth shall be achieved
by trenching.
(6)Â
The utility facility shall be installed under any structures that
are less than three feet deep. All disturbed structures shall be repaired
or replaced by the permittee.
(7)Â
The disturbed area shall be restored in conjunction with the plowing
operation. If heaving occurs, the disturbed area shall be reshaped,
backfilled with No. 1 RC aggregate and compacted until the disturbed
area is restored to a condition equal to that which existed before
plowing.
G.Â
Disposition of materials.
(1)Â
The permittee shall keep the improved area free of all material which
may be deposited by vehicles traveling upon or entering onto the road
during the performance of work authorized by the permit. No dirt or
excavated material shall be placed on the road at any time.
(2)Â
The permittee shall be responsible for controlling dust conditions
created by its own operations.
(3)Â
All excess material and material that is not suitable for backfill
shall be removed and disposed of outside the right-of-way as the work
progresses.
(4)Â
All retained suitable material shall be placed or stored on the side
of the operation farthest from traffic, unless otherwise authorized
by the permit, and in such a manner that there will be no interference
with the flow of water in any gutter, drain, pipe, culvert, ditch
or waterway.
H.Â
Backfilling. All openings made in the cartway or in paved shoulders
shall be backfilled by the permittee in accordance with the following
minimum standards:
(1)Â
The opening shall be backfilled with No. 1 RC aggregate, compacted
in not more than six-inch layers, with approved vibratory compaction
equipment.
(2)Â
Compaction shall be completed to the bottom elevation of the existing
pavement.
(3)Â
Temporary or permanent restoration shall be placed at the end of
each working day.
I.Â
Restoration of roadway surface. Restoration of pavement shall be
done in accordance with the following as specified on the permit.
(1)Â
Permanent restoration. Prior to replacement of the pavement, one
foot from each edge of the trench shall be saw cut, in a neat straight
line, to the bottom elevation of the existing asphalt, and the detached
material shall be removed. Drilling shall not be permitted. All material
shall comply with PennDOT Form 408.
(a)Â
A minimum of six inches of 1A modified stone base shall be placed
and compacted with approved vibratory compaction equipment. A Class
4 geotextile shall be placed if one existed.
(b)Â
A minimum of six inches of Superpave Asphalt Mixture Design,
HMA Base Course, PG 64-11, 0.3 to three Million ESALS, 37.5 mm Mix
shall be placed on the stone subbase.
(c)Â
The top wearing coat of the adjacent pavement shall be saw-cut
an additional one foot width for a depth of 1Â 1/2 inches. A minimum
of 1Â 1/2 inches of Superpave Asphalt Mixture Design, HMA Wearing
Course, PG 64-11, 0.3 to three million ESALS, 9.5 mm Mix, SRL-L shall
be placed on the base course. A tack coat shall be placed between
the two surfaces if wearing course is not immediately placed on base
course.
(d)Â
The edges of the repair shall be sealed with the type and class
of material designated for the surface course for a width of 12 inches
centered on the repair joint in accordance with PennDOT Publication
408.
(2)Â
The Township may require modified specifications if it is determined during construction that the existing road section is different than the specifications listed above in Subsection I. If a concrete road base if located below the asphalt roadway, the trench restoration must include a concrete base of similar depth and material.
(3)Â
Temporary restoration. The 1RC aggregate backfill material shall be placed in accordance with Subsection H of this section with a surface of a two-inch compacted cold patch asphalt. The Township may require the temporary restoration to be made and kept in place for up to 60 days after backfilling the trench.
(4)Â
Weather pending, the permanent restoration shall be made within 110
days of roadway opening. Outside air temperatures at time of permanent
restoration shall comply with PennDOT Publication 408 specifications
(40° and rising).
(5)Â
Tar and chip restoration or repair may be required by the Township
as a maintenance activity utilized to extend the life of low-traffic-volume
roads for another three to five years. This activity is performed
only during hot weather which varies from region to region. Surface
treatment requires a truck-mounted street-cleaning broom, an emulsified
asphalt tanker truck, a "chipper" chip spreader, two rollers, and
about 16 "on-the-road" workers. First, the roadway is swept, and the
hot emulsified asphalt is then sprayed on the road. Then, fine stones
are spread on top of the asphalt. The surface is rolled and then swept
to remove loose stones. Generally, it takes about two days for the
stones to become fully bonded in the hardened asphalt. Motorists should
reduce their speed on these roads until the stone has a chance to
adhere fully to the asphalt. This maintenance treatment seals the
road surface to keep water out and restores the friction of the surface
to enhance traction.
J.Â
Shoulder restoration.
(1)Â
Paved and stabilized shoulders shall be restored in accordance with
roadway restoration section listed above.
(2)Â
Unpaved shoulders. Retained material which complies with PennDOT
Publication 408 may be used for backfill, up to within 18 inches of
final grade. The final 18 inches of backfill shall consist of No.
1 RC aggregate. The width of the shoulder shall be no less than four
feet.
K.Â
Appurtenances to underground installations.
(1)Â
The top of every manhole, valve box or other access to the facility
shall be at the same elevation as the surface in which it is located.
(2)Â
The surface surrounding manhole or valve covers located in shoulders
shall be paved in such a manner as to prevent washouts.
(3)Â
Every effort shall be made by the utility to avoid placing valve
boxes, manholes, and other utility appurtenances in the paved portion
of the roadway or cartway as well as in the berm or shoulder that
lies within the road right-of-way.
L.Â
Additional restoration.
(1)Â
All disturbed portions of the road, including all appurtenances and
structures, such as guardrail or drainpipes, shall be restored to
a condition equal to or better than that which existed before the
start of any work authorized by the permit.
(2)Â
If the permittee opens the road pavement, whether to install a new
facility or to modify an existing facility or for any reason, and
the wearing course is less than seven years old, the permittee shall,
in addition to the minimum restoration conditions outlined in this
section of this article, overlay the entire road pavement in accordance
with the following conditions, unless the Township, in its sole discretion,
grants written permission to the permittee to overlay less than that
required:
(a)Â
When a longitudinal opening longer than 10 feet and wider than
three feet is made in the road pavement, the permittee shall overlay
the traffic lane(s) in which the opening was made, for the entire
length of road that was opened.
(b)Â
When two or more transverse trench openings are made by the
permittee in the road pavement less than 100 feet apart, the permittee
shall overlay all traffic lanes in which the openings were made, for
the entire length of the road between such openings.
(3)Â
Regardless of the age of the wearing course, when both longitudinal
and transverse trench openings are made in the road pavement, the
Township may require the permittee to overlay all traffic lanes in
which such openings were made, for the entire length of road that
was opened, if the Township determines that the present serviceability
of the road has been impaired by the openings.
(4)Â
Any lawn area disturbed as part of the work shall be restored to
the condition prior to the start of work. Concrete driveways and asphalt
driveways that are disturbed shall be restored to the condition prior
to the start of work.
(a)Â
A minimum of six inches of screened topsoil shall be placed
at all locations of lawn restoration.
(b)Â
Disturbed areas shall be permanently stabilized with quality
seed mixture and straw mulch. Seed mixture shall match existing grass
type.
(c)Â
Erosion control blanket shall be placed on all slopes that are
3:1 or greater. Blanket must be placed on all areas where erosion
occurs or on locations specified by the Township.
(d)Â
All wheel ruts created by the construction shall be restored
to the condition prior to the start of work.
A.Â
General rule. Permits shall not be issued to install aboveground
facilities which the Township determines to have a high accident potential.
B.Â
Location of aboveground facilities.
(1)Â
New poles, guys and other aboveground facilities shall be installed
outside the road's clear roadside area as near the right-of-way
line as practicable, in accordance with PennDOT Design Manual, Part
5.
(2)Â
Replacement of poles, guys and other aboveground facilities shall
comply with PennDOT Design Manual, Part 5.
(3)Â
Installation of poles, guys and other aboveground facilities in locations
where highway curb exists shall comply with PennDOT Design Manual,
Part 5.
C.Â
Location of wires, cables or conductors. All wires, cables or conductors
which overhang any portion of the right-of-way shall be placed so
as to provide a minimum vertical clearance of 18 feet over the roadway,
except where the National Electrical Safety Code requires vertical
clearances in excess of 18 feet due to voltage and/or span lengths.
E.Â
Identification of poles. Each pole shall bear the name or initials
of the facility owner and the pole number(s) assigned by the facility
owner.
All permit records, restoration records and emergency work records
shall be made available for examination upon request of the Township.
A.Â
Enforcement. Any violation of the regulations set forth in this article
shall constitute grounds for imposition of any or all of the following
penalties:
(1)Â
Upon receipt of verbal or written notice of any violation(s) from
the Township, the permittee shall cease to perform any further work
in the permitted area except to restore the area to a safe condition.
No further work shall commence in the permitted area until the violation(s)
has been remedied. Where the permittee has received verbal notice
of the violation(s), written notice shall be sent to the permittee
within five days of receipt of the verbal notice.
(2)Â
Confiscation of the applicant's permit or emergency permit card
by the Township.
(3)Â
Revocation of the applicant's permit or emergency permit card
by the Township.
(4)Â
Removal by the utility facilities' owner of facilities installed
without a permit or in violation of the regulations set forth in this
article.
B.Â
Penalties. Any person who violates or permits a violation of this
article shall, upon conviction in a summary proceeding brought before
a Magisterial District Judge under the Pennsylvania Rules of Criminal
Procedure, be guilty of a summary offense and shall be punishable
by a fine of not less than $100 nor more than $1,000, plus costs of
prosecution. In default of payment thereof, the defendant may be sentenced
to imprisonment for a term not exceeding 90 days. Each day or portion
thereof that such violation continues or is permitted to continue
shall constitute a separate offense, and each section of this article
that is violated shall also constitute a separate offense.
[Amended 7-13-2020 by Ord. No. 2020-01]
A.Â
All ordinances or parts of ordinances in conflict herewith are hereby
repealed.
B.Â
The invalidity of any section, clause, sentence, or provision of
this article shall not affect the validity of any other part of this
article, which can be given effect without such invalid part or parts.
It is hereby declared to be the intention of the Township that this
article would have been adopted had such invalid section, clause,
sentence, or provision not been included therein.
C.Â
This article shall become effective five days after enactment.
