[Adopted 12-16-2004 by Ord. No. 2004-2]
This article shall be known and may be cited as the "Hellam Township Road Construction, Improvement, and Restoration Ordinance."
The Board of Supervisors recognizes that the rights-of-way of Hellam Township provide essential access to the residents of the Township and the traveling public, and that the Township has worked diligently to maintain said rights-of-way in good repair. Further, it is recognized that the design and construction of infrastructure within these rights-of-way must be held to a reasonable standard in order to help ensure the long-term maintenance and durability of infrastructure. And finally, it is recognized that uniform procedures and regulations are needed for the dedication by developers and acceptance by the Township of constructed improvements.
This article is adopted pursuant to Article XXIII of the Second Class Township Code (P.L. 350 No. 60)[1].
[1]
Editor's Note: See 53 P.S. § 67301 et seq.
Certain documents, being marked and designated as Pennsylvania Department of Transportation, Publication 408; Roadway Construction Standards (RC Standards); Publication 203 - Work Zone Traffic Control, PA Code, Title 67, Chapters 441 and 459, are hereby adopted as the design and construction specifications of the Township and each and all of the regulations contained in said document are hereby adopted by the Township except as may be modified from time to time by resolution of the Township in accordance with this article. In the event these specifications can be construed to encumber the Township with responsibility for supply of materials or work, the specifications are modified to make this the responsibility of the applicant. It is the intent of the Board to adopt all subsequent amendments and revisions to the said documents. If such an intent is found invalid by a court of competent jurisdiction, it is the intent of the Board to adopt the said chapters as they existed on the effective date of this article.
It shall be unlawful for any entity to open or make any excavation of any kind in any right-of-way of the Township without first securing a permit therefore in accordance with Township regulations. The obtaining of said permit for work constructed by the Township Highway Department is hereby waived.
A. 
All permit applications shall be on the forms prescribed by the Township, and all design drawings associated with the permit application shall clearly and legibly demonstrate compliance with those applicable provisions of the most recently amended Hellam Township Subdivision and Land Development Ordinance (SALDO),[1] Hellam Township Stormwater Management Ordinance,[2] and this article (including the referenced documents described in § 422-15.)
[1]
Editor's Note: See Ch. 430, Subdivision and Land Development.
[2]
Editor's Note: See Ch. 415, Stormwater Management.
B. 
All permit applications must be submitted in duplicate to the Township and include all information and documentation as required by this article. If revisions to plans are to be considered by Township, they must include a written response to the Township's review comments, and include a complete set of drawings.[3]
[3]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
C. 
All permit applications must include an insurance certificate proving the applicant has general liability insurance in an amount not less than $1,000,000 USD per occurrence. Said insurance certificate must provide for a thirty-day written notice to the Township of cancellation.
D. 
The Township shall review the permit application and determine if it meets the standards of this article within 14 days of the filing of the permit application. Said determination shall be communicated to the applicant within 21 days of the filing of the permit application.
E. 
In the event of an emergency, a permit application must be filed within five business days following the emergency street opening, and the permit shall be retroactive to the date when the work began. Emergencies do not relieve the applicant from following the construction standards enumerated in this article. Further, the scope of the work described and completed in association with the emergency shall be limited to that work necessary to satisfy the emergency. Any entity performing work associated with an emergency shall notify the Township Police Department prior to commencing the emergency work.
F. 
The Board may, by resolution, establish a fee schedule and collect fees to cover the Township's actual costs of administering this article. Required fees must accompany the permit application.
G. 
Each permit application shall include a performance bond as required by this article.
From time to time, the Township may revise the design and construction standards as cited in § 422-15, through adoption of supplemental requirements, by resolution.
To guarantee satisfactory construction, restoration, and installation of the infrastructure, the applicant shall provide a performance bond, irrevocable letter of credit, or cash equivalent in the amount of 110% of the estimated construction cost. The estimated construction cost shall be estimated by the applicant and concurred to by the Township. When the proposed work is not governed by the bonding requirements of Chapter 430, Subdivision and Land Development, or Chapter 415, Stormwater Management, the Township may waive the Bond requirement when it finds that the proposed improvement will have negligible effect on the integrity of the infrastructure within the Township's right-of-way. In the event the Township and the applicant can not reach agreement on the amount of the bond, then the procedures for resolution of such a dispute as contained in the Pennsylvania Municipalities Planning Code shall govern and be followed. Bonding shall include, as a minimum, the costs for materials and installation, compaction, compaction testing, restoration, as-built drawings, survey, and construction inspection.
Blasting within Township right-of-way is prohibited. Blasting for the construction of infrastructure associated with proposed development where the development plans indicate the intent to offer dedication of right-of-way to the Township is prohibited.
All infrastructure shall be constructed in strict accordance with the approved permit. A copy of the approved permit and associated design drawings shall be kept at all times on the construction site. Notwithstanding the provisions of this section, the Township reserves the right to approve changes during construction. All permit changes shall be documented in writing.
A. 
The applicant shall schedule a preconstruction conference with the Township a minimum of two working days prior to start of construction. The applicant shall provide the contact information of one point of contact in responsible charge of the work.
B. 
The Township reserves the right to inspect the work. Inspection of the work does not constitute acceptance of the work during construction or obligate the Township to accept dedication of the infrastructure. The applicant shall pay for the Township's costs related to inspection of the work.
C. 
Prior to placement of any stone subbase, the subgrade shall be tested by standard proctor and shown to achieve a 95% compaction. After placement of stone subbase, the applicant shall proof-roll the area with a fully loaded tandem dump truck. All areas of deflection shall be over excavated, filled with coarse aggregate in six-inch lifts and fully compacted. These areas shall again be proof-rolled. In the event proof-rolling is not appropriate, such as in certain trench excavations, nuclear density testing shall be used.
D. 
The applicant shall provide the Township with copies of all testing results and material certificates. All work shall be of first-class quality free of any and all defects.
E. 
When the Township grants the permit, the Board of Supervisors or its agents shall inspect the work authorized by the permit upon the completion thereof and, when necessary, enforce compliance with the conditions, restrictions and regulations specified by the Township. In addition to that inspection, the Board of Supervisors or its agents may reinspect the work not more than two years after its completion, and if any settlement of the road surface or other defect appears in the work contrary to the conditions, restrictions and regulations of the Township, it may enforce compliance therewith. If the applicant 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 Board of Supervisors or its agents may do the work and impose upon the applicant the cost thereof, together with an additional 20% of the cost, which may be recovered by an action in assumpsit in the court of common pleas of the county.[1]
[1]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
Within 30 days of completion of construction, and prior to any offer of dedication, the applicant shall submit one Mylar as-built drawing and one digital file in AutoCAD format of the constructed facilities which accurately depict the constructed infrastructure and is legible in every detail. All as-built drawings shall accurately describe the vertical elevations of drainage facilities, including invert elevations, and show limits of embankments, easement and right-of-way locations. In cases where grading is critical (detention ponds, for instance), contours must be shown.
A. 
The applicant may offer infrastructure for dedication, pursuant to § 430-22 of Chapter 430, Subdivision and Land Development, once 90% of the lots have been issued certificates of occupancy, and once all defective items have been corrected to the standards of this article. The Township Board of Supervisors shall act on offers of dedication, from March 1 through September 30.
B. 
All offers of dedication shall include a deed of dedication and a plan drawing showing the metes and bounds of the dedicated right-of-way.
C. 
The applicant shall reimburse the Township for all costs associated with the review and processing of the offer of dedication.
D. 
All offers of dedication shall include a maintenance bond for a minimum term of 18 months in accordance the MPC.
E. 
It shall be the applicant's responsibility to record the deed of dedication at the York County Courthouse, and provide the Township with proof of recordation. The applicant shall remain responsible for the maintenance of the infrastructure until the deed of dedication is recorded.
Any person who violates or permits the violation of any provision of this article shall be liable upon summary conviction therefor to fines and penalties payable to the Township of not more than $1,000 plus all costs of prosecution, which fines and penalties may be collected as provided by law, and in default of payment thereof, imprisonment for a term not to exceed 90 days. All fines and penalties collected for violation of this article shall be paid to the Township Treasurer. Each day that a violation continues and each section of this article which is violated constitutes a separate violation.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
In addition to the other remedies provided by law, the Township may commence any appropriate action or proceedings in equity to prevent such unlawful construction or other violations of this article.
Appeals from any action under this article shall be made in writing to the Board of Supervisors within 15 days from the date of the initiation of the action. All appeals shall be accompanied by the appeal fee established by resolution or ordinance of the Board of Supervisors.
A. 
The written appeal shall specify the precise action from which the appeal is taken and shall set forth in concise terms the reason for the appeal and any legal authorities supporting the appeal period.
B. 
If the appellant desires a hearing before the Board, the appellant must request a hearing in the written appeal.
C. 
If a hearing is requested in writing, the Board shall conduct the hearing at a regular or special public meeting which occurs not less than 30 days after receipt of the written appeal. The hearing shall be conducted in accordance with the provisions of the Local Agency Law, 2 Pa.C.S.A. § 551 et seq.
D. 
The Board shall render a decision on the appeal in accordance with the provisions of the Local Agency Law.
Except as otherwise required by law, this article is intended as a continuation of, and not a repeal of, existing regulations governing the subject matter. To the extent that this article restates regulations contained in ordinances previously enacted by the Board of Supervisors, this article shall be considered a restatement and not a repeal of such regulations. It is the specific intent of the Board that all provisions of this article shall be considered in full force and effect as of the date such regulations were initially enacted. All other ordinances, parts of ordinances or parts of resolutions inconsistent herewith shall be and the same expressly are repealed, to the extent of the inconsistency therewith.