[HISTORY: Adopted by the Board of Supervisors of the Township of
Bern 1-6-2003 by Ord. No. 203-2003. Amendments
noted where applicable.]
This chapter shall be known and may be cited as the "Bern Township Adopt-a-Road
Program."
The Pennsylvania Department of Transportation ("PennDOT") has established
a program, known as the "Adopt-a-Highway Program," whereby groups or organizations
volunteer time and effort to assist PennDOT in maintaining two-mile sections
of state highways and interstate highways within the Commonwealth of Pennsylvania
in a condition free from refuse and debris, in exchange for placement by PennDOT
of signs along those two-mile sections advertising the group or organization
and its efforts. PennDOT has had substantial success with this program. The
purpose and intent of this chapter is establish within the Township of Bern
a program similar to PennDOT's program to provide for refuse collection
and roadway beautification on roads within and maintained by the Township
of Bern.
Any individual, corporation or any other organization or association
(the applicant) may petition the Board of Supervisors of the Township of Bern
to participate in the Bern Township Adopt-a-Road Program.
Such applicant shall complete a petition form setting forth the name
and location of the road and two-mile portion thereof for which it desires
to become responsible (the adopted road) and setting forth the names and addresses
of all members or participants on an individual and group basis (the "petition").
Such petition may be obtained from the Township Secretary and shall be substantially
in such form as is approved by the Board of Supervisors from time to time.
The petition shall be submitted to the Township Secretary, who shall
forward the same to the Roadmaster, the Chief of Police, the Engineer and
the Solicitor of the Township of Bern for review and comment as to the feasibility
and compatibility of the organization or group desiring to participate in
the Bern Township Adopt-a-Road Program.
The Board of Supervisors of the Township of Bern, after receipt and
review of the recommendation of the Roadmaster, the Chief of Police, the Engineer,
and the Solicitor of the Township of Bern, shall decide to approve or deny
an applicant's petition. If the Board of Supervisors approves the applicant's
petition, it shall adopt a resolution authorizing the applicant to participate
in the Bern Township Adopt-a-Road Program. Thereafter, and before any work
is undertaken by the applicant, a duly authorized representative of the applicant
shall sign an Adopt-a-Road agreement (agreement) on a form furnished by the
Township Secretary and shall furnish all other documentation required by that
agreement. Upon the applicant's satisfaction of all conditions of that
agreement, the Township Roadmaster shall execute the same on behalf of the
Township of Bern. The applicant may commence work on the Bern Township Adopt-a-Road
Program only after the Township Roadmaster executes the agreement. The form
of the agreement shall be substantially in such form as is approved by the
Board of Supervisors from time to time.
The application for participation in the Bern Township Adopt-a-Road
Program shall set forth the plans and procedures the applicant intends to
implement to provide the continuous care and maintenance of the adopted road
so as to keep such road free of debris, trash and refuse. At a minimum, the
applicant shall agree to pick up refuse four times a year.
At the expiration of the first six months of the applicant's participation
in the Bern Township Adopt-a-Road Program, the applicant shall request the
Roadmaster to review its participation and actions. The Roadmaster shall review
the same, prepare a report of his findings and provide it to the applicant
and the Board of Supervisors of the Township of Bern recommending that the
adopted road be either approved or denied for posting as adopted by the applicant.
The Board of Supervisors shall either approve or deny the adopted road for
posting. If the Board of Supervisors determines that an applicant's participation
has been unsatisfactory and denies an adopted road for posting, the Board
of Supervisors may also terminate an applicant's participation in the
Bern Township Adopt-a-Road Program. Such termination shall be completed by
resolution.
If the aforementioned procedures have been completed and the Board of
Supervisors approves an adopted road for posting, an appropriate sign or signs
shall be erected in a prominent place or places along the adopted road displaying
the fact that the adopted road has been adopted under the Bern Township Adopt-a-Road
Program and has qualified as a road appropriately cared for and maintained
by the applicant.
No member or members of any applicant who perform any work or services
under this Program shall be deemed to be an employee of the Township of Bern.
No member or members of any applicant who perform work or services under this
Program shall be eligible for Workman's Compensation. Any persons participating
in any work under this Program shall be considered volunteers, and the Township
of Bern shall be held harmless from any wrongful acts or negligent or careless
acts of any member or members of the applicant in the performance of any functions
under the program. In this connection the applicant shall furnish satisfactory
evidence of liability insurance coverage, covering the applicant's proposed
activities and naming the Township of Bern thereon as an additional insured.
The applicant further agrees not to permit anyone under the age of 12 years
to participate in the program.
The Township of Bern shall supply orange safety vests, road crew warning
signs and garbage bags for use in participation in this program.
The Board of Supervisors of the Township of Bern may terminate an applicant's
participation in the Bern Township Adopt-a-Road Program at any time by resolution.
If an applicant's participation in the program is terminated, the adopted
road shall immediately become available for adoption by another applicant
and any signs advertising the terminated applicant's participation shall
be removed.
