Chapter 21. Streets and Sidewalks

Transcription

1 Chapter 21 Streets and Sidewalks Part 1 Pave Cut and Right of Way Occupancy A. General Name B. Definitions Specific Definitions C. Permits Permit Procedure Penalty for Failure to Obtain a Permit Penalties D. Construction Procedures Road Closing Time Periods for Pave Cut Restoration Scheduling Excavated Material and Waste Material Opening of a Street Responsibility for Damages Backfilling Temporary Restorations Permanent Restoration Restoration; Special Limestone and Monuments Test Boring Replacement of Pavement Markings Replacement of Electronic Traffic Control Devices and Ancillary Equipment Testing and Inspection Repaving and Reconstruction Preparation of Streets for Paving, Repair, or Construction Determination of Lines and Grades by the Engineer Utility Corridor - Vertical Assignments for New Street Construction Horizontal and Aerial Utility Corridors Determination of Reimbursement Commencement of Utility Relocation Activities 21-1

2 E. Right-of-Way Occupancy Application for Permit Maintenance of Drainage on Right of Way Pipe Size Requirements Permit F. Enforcement Delegation of Authority to Director of Public Works Street Inspectors Noncompliance Resumption of Suspended Work Penalties for Noncompliance Non-Issuance Effect on Existing Proceedings, Regulations and Contracts Penalty for Violation G. Traffic Control and Protection Traffic Control and Protection Part 2 Sidewalks Notice to Construct Sidewalk Notice to Repair Sidewalk Township May Do Work Upon Default of Property Owner Specifications Permit Required for Work in Sidewalk Obstruction of Sidewalk Prohibited Snow Removal from Sidewalk Removal of Obstruction Other than Snow and Ice Municipal Removal of Snow and Ice of Sidewalks Continuation of Existing Regulations Penalty Sidewalk Snow Removal Policy Map Part 3 Dropping or Deposit of Material on Streets Unlawful to Drop or Deposit Material on Street Responsibility of Operator of Vehicle Registered Owner of Vehicle Presumed to be Operator Registered Owner Relieved of Responsibility Under Certain Conditions Supp. XIV; revised 7/21/

3 Time Limit for Removal of Material Township May Remove Material and Compute Cost Penalty for Violation Installation of Street Lights Assessment for Installation Assessment for Operation Collection of Assessments Part 4 Street Lights Appendix A Ferguson Township Road Construction Standards I. General II. Specifications III. Construction Guidelines for Driveway Entrances Part 5 Neighborhood Improvement Districts Legislative Findings Establishment of the Homestead Farms Neighborhood Improvement District Homestead Farms Subdivision Exhibit Supp. XIII; revised 7/1/2013

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5 Streets and Sidewalks Part 1 Pave Cut and Right of Way Occupancy A. General Name. This Part shall be known and may be cited as the Pave Cut and Right of Way Occupancy Ordinance." (Ord. 314, 5/13/1986, Art. 1) 21-5

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7 Streets and Sidewalks B. Definitions Definitions. The following words, terms and phrases, when used in this Part, shall have the same meaning ascribed to them in this Section, except where the context clearly indicated a different meaning. The word "shall" is always mandatory and not merely directory. Whenever in this Part, the words "directed, "required, "permitted, "ordered, "designated, "prescribed, or words of the like import are used, it shall be understood direction, requirements, permission, order, designation, or prescription of the Director of Public Works, or his designee, is intended; and similarly, the words "approved, "acceptable, "satisfactory" or words of like import shall mean approved by, acceptable to or satisfactory to the Director of Public Works or his designee. [Ord. 820] Application for a Pave Cut Permit - a form provided the utility by Township noting pertinent data for the purposes of inspection and control by the Township and constituting a receipt for services performed by the Township. Capital Improvement - preplanned to improve or upgrade an existing system or to install a completely new system providing new or additional service. Emergency Repair - work necessitated by the rupture or sudden malfunction of existing underground facilities. Facilities - all the plant and equipment of a public utility including all tangible and intangible, real and personal property without limitations, and any and all means and instrumentalities in any manner owned, operated, leased, licensed, controlled, furnished or supplied for by, or in connection with the business of any public utility; provided, however, that no property owned by the Commonwealth of Pennsylvania, or the Township at the date when this Part becomes effective shall be subject to any of the terms of this Part, except as elsewhere expressly provided herein. Inspection - a careful or critical investigation not necessarily confined to optical observation but is understood to embrace tests and examination for the purpose of ascertaining quality and compliance as prescribed in this Part and discovering and correcting errors. Municipal Corporation - all cities, boroughs, towns, townships, or counties of this Commonwealth, and also any public corporation, authority, or body whatsoever created or organized under any law of this Commonwealth, for the purpose of rendering any service similar to that of a public utility. Pave Cut - cutting, severing, disturbing or altering the cartway of a street by a person. Pavements - riding surfaces of machine-laid asphalt over a base of concrete, brick, belgiam block, crushed stone, bituminous concrete or oil and stone. Person - individuals, partnerships, associations, and corporations, and includes their lessees, assignees, trustees, receivers, executors, administrators or other successors in interest. Public Utility - persons now or hereafter owning or operating in this Commonwealth equipment or facilities for: (1) Producing, generating, transmitting, distributing or furnishing 21-7

8 Township of Ferguson natural or artificial gas, electricity, or steam for the production of light, heat or power to or for the public for compensation. (2) Diverting, developing, pumping, impounding, distributing, or furnishing water to or for the public for compensation. (3) Transporting or conveying natural or artificial gas, crude oil, gasoline, or petroleum products, by pipe lines or conduit, for the public for compensation. (4) Conveying or transmitting messages or communication by telephone or telegraph to the public for compensation. (5) Sewage collection, treatments or disposal for the public for compensation. (6) The term "public utility" shall not include: (a) Any person or corporation, not otherwise a public utility, who or which furnishes services only to himself or itself. (b) Any bona fide cooperative association which furnishes services only to its stockholders or members on a non-profit basis. (c) Any producer of natural gas not engaged in distributing such directly to the public for compensation. Right of Way Occupancy Log - a chronological record of pave cuts and disturbances to rights of way as reported to the Township containing pertinent data as required by the Township for the purpose of inspection and control. Service - in this Part, this term shall be interpreted in its broadest and most inclusive sense, and includes any and all acts done, rendered or performed, and any and all things furnished or supplied, and any and all facilities used, furnished or supplied by public utilities, in the performance of their duties under this Part to their patrons, employees, other public utilities, and the public, as well as the interchange of facilities between two or more of them. Special Pavement - riding surfaces of concrete, brick, Belgian block or cobblestone. Street - any street, highway, road, land, court, public square, or place of whatever nature, dedicated and accepted right of way, open to the use of the public as a matter or right for purposes of vehicular travel. Temporary Restoration - work within an existing cartway which shall consist of a minimum of 8 inch stone base and a minimum of 2 inch bituminous surface material. Township - the Township of Ferguson. Utility Corridor - an area within any public right of way, usually underground but not limited to same, reserved for and assigned to a specified utility by the Township. The area to be used by the specified utility for placing and operating its facilities for transmitting and distributing its particular commodity or service. Utility Relocation - the adjustment, replacement or relocation of utility facilities as required by street construction or repaving project, such as: removing or reinstalling the facility, acquiring the necessary rights of way, moving or rearranging existing facilities, changing the type of facility, and any necessary safety and protective measures. It shall also mean the construction of a replace- 21-8

9 Streets and Sidewalks ment facility functionally equal to the existing facility, where necessary for the continuous operation of the utility service, the project economy, or sequence of street construction. Work - the furnishing of all materials, labor, equipment, and other incidentals necessary or convenient to the successful completing of anything done within the right of way of a street and the fulfillment of all duties and obligations imposed by this Part. (Ord. 314, 5/13/1986; as amended by Ord. 820, 12/8/2003) 21-9

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11 Streets and Sidewalks C. Permits Permit Procedure. Before any work or activity may be begun or done within any Township right of way, a permit must first be obtained pursuant to the requirements of this Part. A. Normal Permit Procedures. Applications for a pave cut permit shall be available from the Ferguson Township Engineer at the Township Office. An authorized agent of a utility or contractor may complete said application at the Township Office. This shall be done a minimum of one week in advance of a planned excavation. Upon submission of the application, the applicant shall submit the fee as set by the Board of Supervisors of the Township. A copy of the completed application signed by the Director of Public Works, or his designee, shall be in the hands of a competent person at the work site described in said application and shall constitute a permit. [Ord. 820] B. Emergency Permit Procedures. In the case where an emergency repair, as hereinbefore defined, is found, the utility shall notify the Township, and inform it that an emergency existed and the day, time, and location of the emergency work. Emergency work shall be recorded in the Right of Way Occupancy Log at the start of the next business day following the emergency. C. Non-fee Permits. Work necessitated by municipal-sponsored public improvements will be on a non-fee basis but limited to a specific contract area. A list noting exact locations and dimensions of all such cuts shall be submitted to the Township Office at the completion of work. Notification will be required for any work done within the right of ways of State highways located within the Township for which a highway occupancy permit has been issued. D. Insurance Protection. The applicant shall protect, defend, indemnify and save harmless the Township, its officers, employees and agents thereof from all claims, suits, actions and proceedings of every nature and description which may be thereof, for, or on account of any injuries or damages to persons or public or private property, because of any materials or appliances used in the work, or by or on account of improper materials or workmanship, or for or on account of any accident of any other act, negligence or omission of said applicant, or his agents, servants, or employees and the Township shall not in any way be liable therefor, during the period of the work progress and the 2-year guarantee period following the acceptance of the work. (1) Minimum insurance shall be: (a) $500,000 liability combined single limit each occurrence and aggregate. (b) $500,000 liability for property damage. (c) Evidence of insurance in the form of a certificate or letter executed by a duly authorized representative of the applicant s insurance carrier shall be submitted to the Director of Public Works each January 15. Said evidence of insurance must include the provision that the Township shall be given proper advance notice of at least 30 days of cancellation or any material alteration in the applicant's policy. Applicant shall have Township named on the insurance policy as an additional Supp. X; revised 9/6/2011

12 Township of Ferguson insured, and shall provide a copy of said policy to Township. At the request of Township, the applicant shall execute a document containing the covenants of protection, defense, indemnity, and save harmless contained in this subsection. [Ord. 953] E. Safety Precautions. During the progress of work the applicant shall provide and maintain such barricades, warning signs and flag persons as may be deemed necessary by the Township to prevent accidents to the public and/or adjoining tenants, and as a minimum shall adhere to the requirements of PennDOT Publication 203-Work Zone Traffic Control, as amended and superseded. (Ord. 314, 5/13/1986, Art. III, 3; as amended by Ord. 820, 12/8/2003; and by Ord. 953, 5/2/2011, 1) Penalty for Failure to Obtain a Permit. All work done without a permit shall be subject to a penalty plus the payment of the fee which would have been required pursuant to the Fee Schedule. (Ord. 314, 5/13/1986, Art. III, 3) Penalties. 1. Any person who violates any provision of this Part shall be, upon conviction thereof in a proceeding commenced before a district justice pursuant to the Pennsylvania Rules of Criminal Procedures, sentenced to a fine of not less than $100 nor more than $1,000 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 90 days. Each day a violation of this Part continues shall constitute a separate offense. 2. Other Remedies. In addition to all other remedies, the Township of Ferguson may institute any appropriate action or proceeding to prevent, restrain, correct or abate any violation of this Part. (Ord. 314, 5/13/1986; as added by Ord. 820, 12/8/2003) Supp. X; revised 9/6/

13 Streets and Sidewalks D. Construction Procedures Road Closing. No street in the Township of Ferguson may be completely closed to traffic at any time. One lane of traffic must be able to pass at all times to direct traffic through the work area, and all established traffic patterns must be maintained at all times. If all other means of traffic control have been exhausted, the Township may permit a road to be completely closed temporarily. (Ord. 314, 5/13/1986, Art. IV, 1) Time Periods for Pave Cut Restoration. For small area pave cuts, the utility or contractor shall be required to complete the temporary restoration within 48 consecutive hours of the initial cut during the normal working week excluding holidays and weekends. Extension time may be allowed upon appeal to the Director of Public Works, provided the contractor substantiates sufficient reasons for the extension required. Work on long cuts, those of 25 feet in length or longer, shall proceed in a continuous manner. Permits for long cuts or capital improvements will not be granted during the months of November through March, inclusive; except by written permission from the Director of Public Works. The utility or contractor shall coordinate planned cuts in the Township streets with the paving program of the Township. A construction schedule comprising planned cuts shall be submitted to the Township Engineer as they become available. The Township will provide a paving program for a 1 year period to the public utilities prior to February 15. Changes in the public utilities' schedule of planned cuts shall require confirmation from the Township Engineer. Changes in the Township paving program shall be submitted to all utilities at the earliest possible date to permit the utilities to adjust their respective schedule. (Ord. 314, 5/13/1986, Art. IV, 2; as amended by Ord. 820, 12/8/2003) Scheduling. All excavations shall be commenced and completed by the use of reasonable work force. In congested areas, the Township may limit work to other than normal daytime working hours. At the cessation of work adequate steel plates or wooden planking shall be placed over the excavation while it is not being worked to ensure full traffic flow. The maximum length of any opening in the street shall be 50 feet, unless otherwise permitted, in writing, by the Director of Public Works. (Ord. 314, 5/13/1986, Art. IV, 3; as amended by Ord. 820, 12/8/2003) Excavated Material and Waste Material. 1. In peak traffic area, all excavated material shall be removed daily at the cessation of work. All gutters and drainage devices shall be kept clean of all debris and excavated material. Fire hydrants adjacent to the work shall at all times be readily accessible to fire apparatus, and no materials or obstruction shall be placed within 15 feet of any hydrant. 2. All material which is excavated shall be considered waste material and shall be disposed of by the utility or contractor beyond the project limits. In no case shall 21-13

14 Township of Ferguson waste material be left at the work site. (Ord. 314, 5/13/1986, Art. IV, 4) Opening of a Street. Power driven saws shall be used on all cuts. The cuts must be of sufficient depth to provide a smooth edge. Opening in brick or belgian block based streets shall be of sufficient width to expose one-half row of undisturbed interlocking stone. No pavement busters, such as drop hammers, hoe rams and the like shall be used without the written permission of the Township Engineer. (Ord. 314, 5/13/1986, Art. IV, 5; as amended by Ord. 820, 12/8/2003) Responsibility for Damages. If there is damage to another utility's underground facilities, it shall be the responsibility of the party doing the work to contact the Township Engineer, and all concerned pertinent utilities in order to request him to have a Township representative inspect the condition before any backfilling is begun. (Ord. 314, 5/13/1986, Art. IV, 6; as amended by Ord. 820, 12/8/2003) Backfilling. The Township Engineer must be notified in advance of all backfilling. Backfilling will be done in such manner as to obtain compaction throughout the entire length of backfill. Type 2RC stone shall be used in all backfilling. The method of backfill shall be consistent with good engineering practice, i.e, the material shall be placed in layers not to exceed 6 inches properly tamped using a mechanical tamper or a mechanical vibrator up to the bottom elevation of the pavement structure. All backfill shall be compacted in accordance with PennDOT Specifications, Publication 408, 206.3, as amended and superseded. (Ord. 314, 5/13/1986, Art. IV, 7; as amended by Ord. 820, 12/8/2003) Temporary Restorations. The permittee is responsible for all costs and expenses of making and maintaining temporary and permanent restorations of disturbed areas. Temporary restoration consists of a minimum of two inches of bituminous material and is maintained in place until permanent restoration can be made. (Ord. 314, 5/13/1986, Art. IV, 8) Permanent Restoration. 1. Only public utilities or their contractors will be permitted to make permanent restoration of openings in pavements. The restored pavements shall be guaranteed from failure until 2 years after the date of acceptance. Permanent restoration must be completed no sooner than 30 days nor later than 60 days of the initial cut. Any cuts made in the months of November through March shall be permanently restored within 30 days after hot asphalt becomes available. 2. Existing base and surface must be exposed 6 inches on each side on any failures that may have developed

15 Streets and Sidewalks Permanent restoration of flexible base pavements shall consist of 6 inches of 2A stone sub-base; 5 inches of bituminous concrete base course, and 2 inches of ID-2 wearing course (or match existing pavement depths if greater than 5 inches BCBC and 2 inches ID-2) rolled to conform with the existing road, and the edges sealed with AC- 20. All openings, regardless of size, must be permanently restored in accordance with PennDOT Specifications, Publication 408, as amended and superseded. [Ord. 820] 4. Upon any failure of restoration being reported to a public utility, the pertinent public utility shall begin repairs within 24 hours after such notification. Upon failure of the public utility to repair the cut in a satisfactory manner, the Township shall have the option to complete the work or to contract to complete the work and to bill the public utility which shall be responsible for the cost of the same. (Ord. 314, 5/13/1986, Art. IV, 9; as amended by Ord. 820, 12/8/2003) Restoration - Special. The permanent restoration of special type pavements, such as concrete, brick, belgian block, cobblestone gutters, or tiles, shall consist of relaying the original wearing course in accordance with the original installation specifications in such a manner as to prevent settlement or other deterioration. (Ord. 314, 5/13/1986, Art. IV, 10) Linestone and Monuments. No linestone or monument in the Township of Ferguson may be removed, altered or buried at any time. When work in the right of way requires the temporary removal of a linestone or monument, it must be preserved at the site and reset at the direction of a registered surveyor. All costs incident thereto, including surveys, shall be charged to the public utility or contractor. All costs incidental to exposing and/or resetting a linestone or monument shall be charged to the utility or contractor. (Ord. 314, 5/13/1986, Art. IV, 11) Test Borings. All test holes and boring in the right of way shall require a permit. Restoration of bore holes shall follow immediately after testing with the application of asphalt permanent restoration or other water resistant plugs. A penalty will be charged for each test hole found unplugged. (Ord. 314, 5/13/1986, Art. IV, 12) Replacement of Pavement Markings. The utility and/or its contractor must replace in kind all pavement markings damaged or removed by pave cuts and work incident thereto. All markings must be replaced within 5 days after permanent restoration. The Township may contract to have the necessary repairs made and bill the utility. (Ord. 314, 5/13/1986, Art. IV, 13) Replacement of Electronic Traffic Control Devices and Ancillary Equipment

16 Township of Ferguson Electronic traffic control devices and ancillary equipment damaged, removed because of pavement excavations or work incident thereto, must be replaced by the utility or its contractor, in kind, in whole or in part as required by the Director of Public Works or his agent. The Township may contract to have the necessary repairs made and bill the utility. (Ord. 314, 5/13/1986, Art. IV, 14) Testing and Inspection. The Director of Public Works or his designee may inspect all permitted work, and an inspection fee shall be charged. (Ord. 314, 5/13/1986, Art. IV, 15) Repaving and Reconstruction. Upon notification from the Director of Public Works of a planned street resurfacing or reconstruction, all utilities will be required to test their lines and services and to schedule necessary capital improvements and service connections prior to resurfacing or reconstruction. Thereafter, cuts will be permitted in the new pavement only in an emergency. Pave cuts made in new pavement shall be subject to a penalty. Open cutting of all pavements on streets is prohibited unless a utility is connecting to a line that is under the pavement or unless subsurface conditions prevent boring with casing. Essential services for new building construction shall be permitted. Essential services should not include the additional of an alternate or secondary source of fuel, water, heat or other service. Pavement shall be considered new for a period of 5 years from the date of placement. (Ord. 314, 5/13/1986, Art. IV, 16) Preparation of Streets for Paving, Repair, or Construction. This Part provides for the laying, renewing and repairing of all electrical, gas, water, sewer, steam, telephone, cable television, or other pipes or conduits, in any street, before the paving, repaving of the same, and for making the necessary house connections with said pipes, and also for the necessary house connections and branches with and leading into main or lateral sewers; providing, that in no case, except as a sanitary measure or which the Supervisors shall be the judge, shall the Supervisors require such house connections to be extended further from such sewers, or from such gas, water or other pipes or conduits, than the inner line of the curbstone of such street. The Supervisors may, after notice to all companies, corporations, persons, and owners affected, and in default of compliance therewith, cause said pipes to be laid, renewed or repaired and said connections made, and collect the cost of paving and repairing all pipes and pipe connections, from the companies, corporations, or persons owning or operating the said gas, water, and other pipes or conduits, with interest; and the cost of the sewer connections shall be a lien against the land for whose benefit such connections are made. A separate lien may be filed therefor, or such sewer connection cost may be included in any lien filed for the cost of such street improvement, and the lien and the proceedings thereon shall be as in the case of other municipal liens. (Ord. 314, 5/13/1986, Art. IV, 17) 21-16

17 Streets and Sidewalks Determination of Lines and Grades by the Engineer. The Township Engineer shall have the final decision for the determination of lines and grades for street construction. This decision shall be based on good engineering practice and municipal standards. (Ord. 314, 5/13/1986, Art. III, 18) Utility Corridor; Vertical Assignments for New Street Construction. The following for pipes and conduits are assigned to the utilities operating under this Act: A. Gas lines shall be a minimum of 30 inches below subgrade. B. Water and sewer lines shall be a minimum of 48 inches below subgrade. C. Electric lines and conduits shall be a minimum of 36 inches below subgrade. D. Telecommunication lines and cable television lines and conduits shall be a minimum of 24 inches below subgrade, for main lines and a minimum of 4 inches for service lines. (Ord. 314, 5/13/1986, Art. IV, 19) Horizontal and Aerial Utility Corridors. Aerial installations of electric power transmissions, telecommunications and cable television lines suspend from supporting poles having their base and/or support wires within the public right of way and interfering with a roadway construction, reconstruction or repair project shall be relocated upon written order from the Director of Public Works to a point specified therein. The Township may require the utility to place its aerial facilities underground where it is deemed necessary or desirable. Hereafter, aerial installations shall be placed subject to approval by the Township. The Township shall assign horizontal corridors on a case-by-case basis for all new construction. All gate boxes, shut-off valves and other regulating devices underground for individual customers for gas, water, sewer, steam, electric and telecommunications and cable television lines shall be located outside the right of way. (Ord. 314, 5/13/1986, Art. IV, 20) Determination of Reimbursement. The Township may participate in the actual costs less betterments of utility relocation when an existing utility right of way is owned by the utility and interferes with a municipal construction project. (Ord. 314, 5/13/1986, Art. IV, 21) Commencement of Utility Relocation Activities. Upon receipt of a letter from the Township authorizing the start of physical work, the utility shall commence work within 30 days unless otherwise stated by the Township with reasonable cause shown in order to clear the construction area. The utility shall perform the relocation work in accordance with the construction plan approved by the Township. Utility relocation shall be accomplished by the utility to 21-17

18 Township of Ferguson assure its completion prior to the commencement of roadway construction. Areas of utility relocation of work which cannot be accomplished prior to the start of construction but can be accomplished simultaneously without restricting the roadway project contractor, may be done concurrently with the contractor's operations when approved by the Township. It is acknowledged that field conditions occasionally necessitate revision of the utility relocation plan. It shall be the responsibility of the utility to report and justify such revisions, to correct any data on file with the Township. Minor modifications of the relocation plan may be brought to the attention of the project engineer and shall be noted in the daily inspection report. (Ord. 314, 5/13/1986, Art. IV, 22) 21-18

19 Streets and Sidewalks E. Right-of-Way Occupancy Application for Permit. All persons desiring to construct a motor vehicle access, driveway, ingress or egress, must apply for a permit for connection if access will be to a public street. All applications for connection must be submitted, in triplicate, accompanied by three drawings showing (a) the point of access in relation to property corners, (b) the width of access opening, and (c) the construction material to be used in construction of the access or driveway. All construction shall be in accordance with the General Construction Guidelines for Driveway Access, the Ferguson Township Zoning Ordinance [Chapter 27], as amended, and the Ferguson Township Subdivision Regulations [Chapter 22]. (Ord. 314, 5/13/1986, Art. V, 1; as amended by Ord. 820, 12/8/2003) Maintenance of Drainage on Right of Way. Appropriate drainage must be maintained at all times. Installation of a driveway or access shall not interfere with pre-construction flow of stormwater within the public right of way. The proposed method of maintaining drainage within the public right of way shall be detailed in the application for a permit and in the drawings submitted. Suitable methods for maintaining drainage shall include swale, pipe, slotted drain and others as approved by the Township Engineer. (Ord. 314, 5/13/1986, Art. V, 2) Pipe Size Requirements. Any piping used within the public right of way shall be a minimum of 15 inches O.D. in size. Pipe Pennsylvania Department of Transportation approved. Larger pipe may be required by the Township Engineer. Special or peculiar situations may require unconventional methods of piping in order to gain approval to occupy the public right of way. When these conditions occur the Township Engineer shall be the sole determinator of what is required by the applicant. (Ord. 314, 5/13/1986, Art. V, 3; as amended by Ord. 820, 12/8/2003) Permit. Upon approval and payment of a fee, the Director of Public Works or his designee shall issue a permit to the applicant for occupancy of the public right of way in accordance with the permit and drawings as submitted or revised. (Ord. 314, 5/13/1986, Art. V, 4) 21-19

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21 Streets and Sidewalks F. Enforcement Delegation of Authority to Director of Public Works. The Board of Supervisors, by this Part, delegates the responsibility and authority for the administration and enforcement of this Part to the Director of Public Works. (Ord. 314, 5/13/1986, Art. VI, 1) Street Inspectors. The Director of Public Works may appoint as his representatives persons to enforce this Part. These agents shall have the authority and responsibility for the enforcement of this Part as vested in the Director of Public Works. (Ord. 314, 5/13/1986, Art. VI, 2; as amended by Ord. 820, 12/8/2003) Noncompliance. When work performed by a utility or contractor under this Part is found in violation of same, the contractor or utility may be given the opportunity to make corrections as required by the Township. If the corrections are not completed in the specified time or not completed as specified, the Township may suspend all work whether completed or in progress in noncompliance with this Part, and take appropriate safety precautions. All work performed or contracted for by the Township of Ferguson to attain compliance in this regard shall be billed to the utility or contractor. In addition, a penalty for noncompliance shall be imposed. (Ord. 314, 5/13/1986, Art. VI, 3) Resumption of Suspended Work. The utility shall actively resume work upon order from the Township after a suspension. (Ord. 314, 5/13/1986, Art. VI, 4) Penalties for Noncompliance. If the utility or contractor fails to make adequate corrections to work found in noncompliance with this Part in the time specified, a penalty shall be imposed until said corrections are completed to specifications. (Ord. 314, 5/13/1986, Art. VI, 5) Non-Issuance. The Township reserves the right to bar any contractor or his employee whose work if found in noncompliance with this Part, from working within the Township limits. The Township reserves the right to refuse issuance of a permit to any applicant who fails to maintain work within the right of way in accordance with this Part, or who fails to pay sums due the Township within 30 days from the date of billing. The Township reserves the right to refuse issuance of a permit to cut new pavement. (Ord. 314, 5/13/1986, Art. VI, 6) 21-21

22 Township of Ferguson Effect on Existing Proceedings, Regulations and Contracts. All litigation, hearing, investigations and other proceedings whatsoever, pending under any ordinance repealed by this Part, shall continue and remain full provisions of this Part. All orders, rules, regulations, issued or filed under any Part repealed by this Part, and in full force and effect upon the effective date of this Part, shall remain in full force and effect for the term issued, or until revoked, vacated, or modified under the provisions of this Part. All existing contracts and obligations entered into or created under any Ordinance repealed by this Part, and in force and effect upon the effective date of this Part, shall remain in full force and effect. (Ord. 314, 5/13/1986, Art. VI, 8) Penalty for Violation. Any person, firm, or corporation, who shall violate any provision of this Part or this code shall, upon conviction thereof in a proceeding commenced before a district justice pursuant to the Pennsylvania Rules of Criminal Procedures, be sentenced to a fine of not less than $100 nor more than $1,000 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 90 days. Each day that a violation continues after due notice has been served, in accordance with the terms and provisions hereof, shall be deemed a separate offense. (Ord. 314, 5/13/1986, Art. VI, 9; as amended by Ord. 820, 12/8/2003) 21-22

23 Streets and Sidewalks G. Traffic Control and Protection Traffic Control and Protection. All contractors working in the Township right-of-way shall wear appropriate protective clothing including high-visibility work vests and control traffic in accordance with PaDOT Publication 213 Work Zone Traffic Control. (Ord. 314, 5/13/1986; as added by Ord. 916, 1/19/2009, 7) Supp. VIII; added 6/15/2009

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25 Streets and Sidewalks Part 2 Sidewalks Notice to Construct Sidewalk. Whenever it shall be determined proper and necessary by the Board of Supervisors that sidewalks shall be graded, constructed, paved, painted or curbed in any public highway of the Township, or adjacent to any public highway of the Township, the Board of Supervisors shall direct the Manager, by resolution at any public meeting of the Board of Supervisors, after public hearing, to serve written notices upon the owners of property abutting on said public highways, requiring them to grade, construct, pave, paint or curb such sidewalks within 90 days from the date of such notice. The notice shall specify the width of the sidewalk, whether the sidewalk is to be constructed within the public right-of-way or adjacent to the public right-of way, the character of the same, whether of concrete, brick or other materials, and the nature of the surfacing thereof. (Ord. 989, 6/16/2014, 1) Notice to Repair Sidewalk. 1. Whenever it shall be determined proper and necessary by the Township Engineer that sidewalks shall be repaved, recurbed, repainted and repaired in any public highway of the Township or adjacent to any public highway of the Township, the Manager, or his designee, shall serve written notices upon the owners of property abutting on said public highways, requiring them to repave, recurb, repaint or repair such sidewalks within 90 days from the date of such notice unless it is determined by the Township Manager that such condition constitutes an emergency, in which case 30 days notice shall be given. 2. The notice shall specify the width of the sidewalk, whether the sidewalk is to be constructed within the public right-of-way or adjacent to the public right-of-way, the character of the same, whether of concrete, brick or other material, and the nature of the surface thereof. 3. The Township Engineer or designated representative may perform sidewalk inspections periodically to determine what sidewalks are in need of replacement or repair. (Ord. 989, 6/16/2014, 1) Township May Do Work Upon Default of Property Owner. Upon failure of any owner of property abutting on said streets to do and perform any work required by the notice provided for in and of this Part within the time specified in such notice, the Board of Supervisors shall cause the same to be done and collect the cost of the work and material from the abutting property owners on a foot-front basis, plus a penalty of 10%, in the manner provided by law. (Ord. 989, 6/16/2014, 1) Specifications Supp. XIV; revised 7/21/2014

26 Township of Ferguson Whenever any sidewalk is constructed or delineated in a public highway of the Township or adjacent to any public highway of the Township, either by voluntary action of an abutting property owner or pursuant to notice under of this Part, the said sidewalk shall be constructed or delineated in conformity with plans and specifications approved by the Township Engineer and shall be subject to his inspection. All such sidewalk pavements shall be constructed or delineated in the location, to the width and of the material specified in the notice received by the property owner, or in case the said sidewalk is constructed without notice the same shall be constructed or delineated in the location, to the width and of the materials in accordance with specifications submitted by the Township Engineer upon application to him, and said sidewalks shall conform to the established grade of the street on which the same are laid, or to such grade as shall be fixed by the Township Engineer or Manager. (Ord. 989, 6/16/2014, 1) Permit Required for Work in Sidewalk. It shall be unlawful for any person to tear up, destroy, remove, deface or excavate, or otherwise damage any sidewalk or curb in the public highways of the Township, or adjacent to any public highway in the Township, except in accordance with permit duly issued by the Township Engineer upon written application to him. (Ord. 989, 6/16/2014, 1) Obstruction of Sidewalk Prohibited. It shall be unlawful for any person to deposit any stone, dirt, glass, rubbish, garbage, refuse, wood or other matter upon any of the sidewalks in the public highways of the Township, or adjacent to any public highway of the Township. The sidewalks shall be kept open and unobstructed at all times for use of the public, and the owner of the abutting property shall keep the full width of said sidewalk areas free from weeds, hedges, overhanging tree limbs and any other obstructions at all times. (Ord. 989, 6/16/2014, 1) Snow Removal from Sidewalk. 1. Responsibility for Removal of Snow and Ice. It shall be the duty of the owners of properties as hereinafter provided, and the owners of unoccupied lots along whose premises sidewalks have been laid, or may hereafter be laid under the authority of the Township, to cause said sidewalks along their respective properties to be cleared to the full width of said sidewalk of snow or ice within 24 hours after the same shall have ceased to fall, in the case of snow, or shall have occurred, in the case of ice, whether from precipitation or other means; provided, the owner shall be responsible for conforming to the provisions of this Section. 2. Responsibility for Dedicated Streets Prior to Acceptance. It shall be the duty of all owners of properties containing apartments or multiple family dwellings to cause dedicated paved streets along the respective properties to be cleared of snow or ice within 24 hours after the same shall have ceased to fall, in the case of snow, or shall have occurred, in the case of ice, which duty shall continue until said streets shall have been accepted as a public right-of-way of the Township, 3. Exemption for Sidewalks Not Providing Consistent Connectivity. By October 31 Supp. XIV; revised 7/21/

27 Streets and Sidewalks of each year, where the Board of Supervisors determine that there should be exemptions, the Board of Supervisors shall adopt a sidewalk snow removal policy map which will identify areas within the Township that contain sidewalks that do not provide consistent connectivity. Owners of properties within such identified areas shah be exempt from the snow and ice removal requirements of This exemption is intended to treat properties abutting sidewalks that are not connected to other sidewalks different than properties abutting sidewalks in high pedestrian traffic areas. This subsection is not intended to relieve property owners and/or occupiers from the responsibility and duty to keep their property free from dangerous conditions. 1 (Ord. 989, 6/16/2014, 1) Removal of Obstruction Other than Snow and Ice. In the case of occupied, unoccupied, or vacant property where the owner or tenant has refused or neglected to clear said sidewalks, the Township Manager or his designee may authorize the Municipality or its contracted agent to clear any stone, dirt, glass, rubbish, garbage, refuse, wood, weeds, hedges or other matter, or other obstructions, or cause the same to be cleared, and the cost of clearing them, with 10% additional, shall be collected by the Township from said owner of the property. Such amount may be charged in addition to any fine or penalty imposed under hereof and the expense thereof shall be levied against the property and collected from the owners in the manner provided for the collection of municipal liens. (Ord. 989, 6/16/2014, 1) Municipal Removal of Snow and Ice of Sidewalks. 1. The removal of any snow or ice by the Municipality shall commence without notice, but shall not occur prior to the accrual of three violations in accordance with the Township of Ferguson s schedule of fees, as may be amended annually. Whenever any owner of any property shall refuse or neglect to clear the said sidewalks, as provided in and.2 hereof, the Township Manager or his designee may authorize the Township or its contracted agent to clear or cause the same to be cleared, and the cost of clearing them, with 10% additional, shall be collected by the Municipality from the said owner of the property. 2. Such amount may be charged in addition to any fine or penalty imposed under hereof. (Ord. 989, 6/16/2014, 1) Continuation of Existing Regulations. The provisions of this Part shall not affect any act done, liability incurred or right accrued or vested, or affect any suit or prosecution pending or to be instituted, to enforce any right or penalty or punish any offense under the authority of any ordinance or part thereof repealed in this Part. (Ord. 989, 6/16/2014, 1) 1 Editor s Note: Res , 10/21/2013, adopted a Revised Snow Removal Policy Map dated October 21, 2013, which follows this Part for ease of reference Supp. XIV; revised 7/21/2014

28 Township of Ferguson Penalty. 1. Violation of Part 2, Sidewalks, Excepting Snow Removal from Sidewalks. Except as provided in subsection.2 with regard to penalty for snow removal from sidewalks, any person, firm, or corporation, who shall violate any provision of this Part or this code shall, upon conviction thereof in a proceeding commenced before a district judge pursuant to the Pennsylvania Rules of Criminal Procedures, be sentenced to a fine of not less than $100 nor more than $1,000 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 90 days. Each day that a violation continues after due notice has been served, in accordance with the terms and provisions hereof, shall be deemed a separate offense. 2. Violation of , Snow Removal from Sidewalks. A. Any person, partnership, firm, association or corporation violating any provision of hereof shall, for each and every violation, be required to pay a fine as set forth within the Township of Ferguson s schedule of fees, as may be amended annually. Provided, each day s continuance of a violation shall constitute a separate offense. Provided, the enforcement personnel of the Township of Ferguson shall, within 5 days of violation, issue a warning notice either by personal delivery, United States mail or by posting on the property. B. In each case, the notice shall contain the Section violated, the location where the violation took place, the name(s) of the property owners, and any other facts that might pertain to the circumstances attending the violation. The warning notice shall also contain instructions to the person, partnership, firm, association or corporation responsible for such violation that if the violation is not corrected within 24 hours of the time on the warning notice, the Ordinance Enforcement Officer will issue a notice of violation directing that the violation be corrected within 24 hours of receipt of the notice, with the appropriate penalty noted on the notice. Failure to correct the violation within 24 hours of the receipt of the violation notice will result in subsequent notices and appropriate fines for each violation as noted in the Township of Ferguson s schedule of fees and, where applicable, hereof. All notices shall be served to the owner of the property. Warning and subsequent violation or violations incurred by the property owner shall be the sole responsibility of the property owner to rectify. C. The failure of such person to make payment, as aforesaid, within 7 days, of each notice of violation he, she or they shall, upon conviction of such default, neglect or refusal, pay a fine of not less than $100 and not more than $1,000, to be collected as now provided by law. Each day said owner shall neglect or refuse to remove said snow or ice, as provided by this Part, shall be a separate offense. 3. Nothing contained in this Section shall affect, in any way, the provisions of this Part regarding separate offenses for every day any violation occurs. (Ord. 989, 6/16/2014, 1) Supp. XIV; revised 7/21/

29 Supp. XIV; revised 7/21/2014

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31 Streets and Sidewalks Part 3 Dropping or Deposit of Material on Streets Unlawful to Drop or Deposit Material on Street. No person shall drop or deposit or permit to be dropped or deposited any earth, stones, mud, rubbish, snow, ice or other material on the roadway of the public streets or roads in the Township of Ferguson. (Ord. 50, 4/24/1972, 1; as amended by Ord. 728, 4/19/1999, 2) Responsibility of Operator of Vehicle. The operator of any vehicle from which vehicle any such mud, earth, stone, snow, ice or other material falls or is dropped shall be deemed to have dropped or deposited the same within the meaning of this Part, and it shall therefore be the duty of any such operator to avoid such dropping or depositing, regardless of whether done intentionally or unintentionally. (Ord. 50, 4/24/1972, 2; as amended by Ord. 728, 4/19/1999, 2) Registered Owner of Vehicle Presumed to be Operator. In the event of the dropping or depositing of such prohibited materials occurring from any vehicle, the registered owner of such vehicle shall be presumed to be the driver, in the event that the actual driver cannot be determined, and shall be responsible for any violations as provided in this Part. (Ord. 50, 4/24/1972, 3) Registered Owner Relieved of Responsibility Under Certain Conditions. However, should any such registered owner be charged with an offense under this section, and if he shall not be the operator of such vehicle, such registered owner may appear before any District Justice that he was not the operator, and who the actual operator was at the time and place of such offense. If such owner shall also appear and testify at any hearing against any person so identified by such registered owner, and if there is not further proof that such registered owner was the driver of said vehicle, such registered owner shall be relieved of responsibility under the provisions of this Part. (Ord. 50, 4/24/1972, 4; as amended by Ord. 91, 4/13/1976, 1) Time Limit for Removal of Material. If any such earth, stone, snow, ice or other material is inadvertently or accidentally dropped or deposited, the said person so dropping or depositing the same may remove such prohibited material within 4 hours of the time of such dropping or depositing; and in such event, shall not be guilty of an offense under this Part. (Ord. 50, 4/24/1972, 5; as amended by Ord. 728, 4/19/1999, 2) 21-27