Chapter 21 - Streets & Sidewalks

CHAPTER 21

STREETS AND SIDEWALKS

 

PART 1

OPENING AND OCCUPYING STREETS

 

§101.   Definitions

§102.   Permit Required

§103.   Application Requirements

§104.   Issuance of Permit

§105.   Fees and Escrow

§106.   Emergency Conditions

§107.   Construction Requirements

§108.   Street Occupancy Requirements

§109.   Financial Security Required

§110.   Defective Backfilling

§111.   Notification of Proposed Street Paving

§112.   Moratorium Streets

§113.   Insurance Required

§114.   Dealing with Violations

§115.   Plan Must be Approved

§116.   Penalties

§117.   Dedication of Street Separate

 

PART 2

DRIVEWAY INSTALLATION

§201.   Definitions

§202.   Driveway Regulations

§203.   Specifications

§204.   Compliance with Permit and Specifications

§205.   Permit Fees

§206.   Appeal from Engineer's Denial of Permit

§207.   Maintenance and Enforcement

§208.   Penalty for Violation

                                                           
PART 3

SNOW AND ICE REMOVAL

§301.   Legislative Intent

§302.   Definitions

§303.   Prohibited Conduct

§304.   Penalties

 

PART 4

CURBS AND SIDEWALKS

§401.   Curb and Sidewalk May be Required

§402.   Sidewalks to be Kept Safe

 

PART 5

PARADES AND PUBLIC GATHERINGS

§501.   Definitions

§502.   Permit

§503.   Permit Exemptions

§504.   Permit Application

§505.   Denial or Revocation of Permit

§506.   Appeals

§507.   Violations and Penalties

 

PART 1

OPENING STREETS

§101.   DEFINITIONS.

The following words, when used in this Part, shall have the meaning ascribed to them in this Section, except in those instances where the context clearly indicates otherwise:

APPLICANT – any person who applies for a permit.

CODE ENFORCEMENT OFFICER – the Code Enforcement Officer of the Township or his authorized representative.

ENGINEER – the duly appointed Township Engineer of the Township or his authorized representative.

EXCAVATE – to cut, drill, grade, dig, scoop and remove earth or other material making up the surface or subsurface of any street.

MORATORIUM STREET – any street that has been reconstructed or resurfaced in the preceding five (5) year period.

OPEN – to cut, drill, dig or otherwise penetrate through the surface of any street.

PERMITTEE – the applicant, including facility owner and person completing work, to whom a permit to excavate has been granted by the Township in accordance with this Part. 

PERSON – any natural person, partnership, firm, association or corporation.

RIGHT-OF-WAY – The area which has been acquired by the Township for public transportation purposes.

STREET – any public street, avenue, road, square, alley, highway or other public place, including the right-of-way located in the Township and established for the use of vehicles.

STREET OCCUPANCY – The use of a right-of-way for construction or other purposes which requires partial or full closure of the street. 

            TOWNSHIP – the Township of Hampden, Cumberland County,  Pennsylvania.

§102.   PERMIT REQUIRED.

No person shall occupy, open or excavate in any streets in the Township without first securing a permit from the Township as hereinafter provided.

 

§103.   APPLICATION REQUIREMENTS.

1.         Any person desiring to occupy, open or excavate in any street in the Township shall file an application with the Township on forms provided by the Township. Such application shall contain the following information:

A.          Name, address, and telephone number of the facility Owner and person performing work.

 B.         Exact location of proposed opening and location.

 C.        A plan showing the proposed location, depth and dimension of the excavation and the facilities to be installed, maintained, or repaired, location and depth of all utilities within the project area, and other details as the Township may require

D.        Proposed dates and times commencing and completing work.

    E.         Method and progression of performing work.

    F.         Application fees and inspection escrow as required by §105.

   G.        Financial security as required by §109.

   H.        Evidence of insurance as required by §113.

   I.          A traffic control plan to be approved by the Township.

   J.          Such other information as the Township may deem pertinent.

2.         Such application shall contain a statement, which shall be subscribed to by the applicant, to the effect that the applicant will comply with all relevant ordinances of the Township (including this Part) and laws of the Commonwealth of Pennsylvania and that the applicant will protect and save harmless the Township in accordance with the provisions of §113 hereof.

 

§104.   ISSUANCE OF PERMIT.

Upon being satisfied that the application is in proper form and upon receipt from the applicant of the fee prescribed by §105 hereof, of the financial security prescribed by §109 hereof, and of the certificates of insurance prescribed by §113 hereof, the Township shall issue a permit.  Such permit shall apply only to the specific work described in the application, shall expire on the date and time when the work is proposed to be completed and may contain such conditions or limitations as the Township deems necessary for the protection of persons and property.  An extension of time beyond the expiration date may be granted upon payment of an additional fee as set forth from time to time by resolution of the Board of Commissioners.  This permit shall at all times be in the possession of a competent person actually on the work site and shall be shown at all times to any police officer or properly authorized officer or employee of the Township upon request.  The Township shall have the right to refuse to permit excavation during the period from November 1 to March 31.  All permits are subject to revocation at any time by the Township in the event of failure of the holder of such permit to comply with any of the conditions upon which the permit has been granted.

 

§105.   FEES AND ESCROW.

The application fee, time extension fee, and inspection escrow shall be in an amount established from time to time by resolution of Board of Commissioners, except as provided in §112 hereof.

 

§106.   EMERGENCY CONDITIONS.

In the case of any leak, explosion or other accident in any subsurface pipe, line, conduit, construction or apparatus, it shall be lawful for the person owning or responsible for such pipe, line, conduit construction or apparatus, to commence an opening or excavation to remedy such condition before securing a permit; provided, that application for a permit shall be made immediately and not later than the next business day thereafter, and that all other provisions of this Part are fully complied with.  If any such emergency condition shall not be immediately attended to by the owner or person responsible for such pipe, line, conduit, construction or apparatus, the Township, after such notice as it shall deem necessary under the circumstances of the particular case, may proceed to have the work necessary and required by such emergency done and charge the cost thereof to such owner or person.

 

§107.   CONSTRUCTION REQUIREMENTS.

The following construction requirements shall apply to all openings or excavations in streets of the Township:

A.        Any excavation or opening, including test bores, shall be backfilled with PennDOT 2A coarse aggregate compacted in maximum six (6) inch layers if vibratory compaction equipment is used.  Aggregate shall be backfilled to a level not to exceed the existing pavement depth or to a level necessary to accommodate the required bituminous pavement trench restoration section.  The surface shall be restored to the same condition or better as it was before the excavation or opening.

B.         Unless otherwise set forth in this Part, all construction methods and material specifications shall be in accordance with Township specifications and Pennsylvania Department of Transportation Publication 408, as amended.

C.        No work shall begin until all utility companies having facilities in the area have been notified through the Pennsylvania One Call System (PA Act 287, as amended).  The work shall be conducted so as not to interfere with water mains, sewers or their connections with the house, or any other subsurface lines or construction until permission of the proper authorities in connection with such subsurface lines or construction shall have been obtained.  Any damage to such lines or construction shall be repaired immediately and shall be reported to the owner thereof.

D.        The surface shall conform to the proper grade and be of the same surface covering as the part of the street immediately adjoining the opening.

E.         The permittee shall be responsible to replace all pavement markings that are removed or damaged.

F.         Temporary paving shall be placed and maintained for a minimum of 30 days and a maximum of 180 days.  Temporary paving shall be thoroughly bound and compacted, installed flush with the surface of the adjoining paving.  Such temporary paving material shall consist of two (2) inches of Hot Mix Asphalt (HMA).  If HMA is not available, cold patch may be placed at the same depth but must be maintained and replaced with HMA immediately when it becomes available.  If the temporary cold patch is not repaired immediately upon notification by the Township of its substandard condition or HMA is not installed when available, the permitee shall be subject to fines as prescribed in §116.  Additionally the Township may take corrective actions to make repairs as determined necessary by the Township.  All costs for such repairs shall be reimbursed by the permitee.  All temporary pavement shall be removed from trenches prior to placement of the permanent paving base course.

G.        Whenever practicable, tunneling shall be used as a construction method in preference to disturbing the surface of the street, and the Township may so specify on the permit.  No tunneling shall be used unless the express direction or approval of the Township is endorsed on the permit.

H.        The use of steel plates to cover open excavation shall be prohibited at all times unless otherwise authorized in writing by the Township.

I.          Openings shall be made in the street surface by sawing to neat lines.  Excavated material shall be immediately placed in trucks and removed from the construction site.

J.          When restoring all openings or excavations, a minimum of one (1) foot cutbacks in existing pavement around the limits of the excavated area shall be made prior to placement of permanent paving.  The Township may require limits of cutbacks to exceed the one (1) foot cutback at its discretion as necessary to achieve satisfactory restoration in the best interest of the Township.  The bituminous pavement restoration shall consist of a minimum of five (5) inches of 25 mm superpave binder course and 1 ½ inches of 9.5 mm superpave wearing course.  The depth of superpave binder course shall be increased to match the existing depth of bituminous pavement if the overall depth exceeds 6 ½ inches.  All vertical surfaces shall be tacked and paving joints sealed with materials compatible with the superpave mix design.

K.        No opening or excavation in any street shall extend from the curb line into the street a distance greater than one (1) foot beyond the center line of the street before being backfilled and the surface of the highway restored to a condition safe and convenient for travel.

L.         No more than 50 feet longitudinally shall be opened in any street at any one time without prior approval of the Township.

M.        Monuments of concrete, iron or other lasting material set for the purpose of locating or preserving the lines of any street or property subdivision, or a precise survey reference point or a permanent survey bench mark with the Township shall not be removed or disturbed or caused to be removed or disturbed unless permission to do so is first obtained in writing from the Township.  Permission shall be granted only upon the condition that the permittee shall pay all expenses incidental to the proper replacement of the monument.

N.        When the work performed by the permittee interferes with the established drainage system of any street, adequate provision shall be made by the permittee to provide proper drainage to the satisfaction of the Township.

O.        The permittee shall notify the Township three (3) business days prior to the actual start of work to schedule an inspector and subsequently notify the Township prior to backfilling and prior to placing the permanent surface (if the surface has been disturbed) and shall not proceed with such work until the Township has inspected the same and given its approval thereof.  The Township may require the removal and replacement of any or all unobserved work.

P.         Every person to whom a permit is issued or by whom any opening or excavation is made shall take every necessary and reasonable precaution to keep the street in a safe and passable condition, both day and night, by the use of guards, barriers, lights and other devices.

Q.        Access to private driveways shall be provided at all times, even if access requires work to be stopped, unless written approval is received from affected property owner(s).

R.         Road closures are to be avoided to fullest extent possible and must be preapproved by the Township.  Any permittee wishing to close a Township street must submit a written request and a detour plan for approval no less than five (5) working days prior to the proposed closure.  Unrestricted access must be provided to public service vehicles and local property owners at all times.

S.         No equipment or materials shall be stored in the street outside working hours without prior approval from the Township.  Said approval may be withheld or rescinded by the Township for any reason.

T.         When warranted by sufficient disturbance of the road surface as determined by the Township, the Township may require the complete overlay of the road from curb to curb for the entire length of the street opening.  If there is less than 200 feet from edge to edge of separate street openings the Township may require overlay of the area between the openings.  If required, the overlay shall be completed in accordance with current Township standards.  The Township may require the road surface to be milled prior to completion of the overlay.

 

§108.   STREET OCCUPANCY REQUIREMENTS.        

The following requirements shall apply to all occupancy of all streets of the Township:

A.        Unless stated otherwise in the section all traffic control activities are subject to the provisions of PennDOT Publication 213, as amended.

B.         Lane and road closure shall be limited to the times between 9 AM and 3 PM or 6 PM and 6 AM unless approved in writing by the Township.

C.        Traffic control and detour plans must be approved by the Township and keep onsite at all times.

D.        Access to traffic control signal is strictly limited to Township personnel.  If a traffic signal must be manually controlled, notice shall be given a minimum of one (1) full business day prior to the proposed start of work.

E.         A permit is not required for lane modification, however notice must be given and approval received from the Township one (1) business day before the start of any lane modification.

 

§109.   FINANCIAL SECURITY REQUIRED.

The applicant shall maintain the portion of the street disturbed by the opening or excavation for a period of one (1) year from the date the restoration is completed and accepted by the Township, at a proper grade and condition free from ridges and depressions.  Such maintenance work shall be done as often as may be necessary.  To guarantee proper restoration of the surface and proper maintenance of the disturbed area, the applicant shall deposit with the Township, prior to issuance of the permit, an approved financial security in an amount set by the Township guaranteeing the proper performance of the work and the proper maintenance of the disturbed area for the period of time required above.  Utilities and other persons who open or excavate in streets on a regular basis may, with the permission of the Township, keep on deposit a single financial security in an amount set by the Township and applying to the work included in all of the permits at any time outstanding.

 

§110.   DEFECTIVE BACKFILLING.

If, within a period of one (1) year from the date the backfilling is completed, the Township determines that the backfilling, surface restoration or maintenance of the disturbed area is defective, it shall notify the applicant in writing to that effect.  Promptly upon receipt of such written notice, the applicant shall take immediate steps to correct such defects.  If the applicant fails to take immediate corrective action, the Township may perform the work itself or cause the same to be performed by another person.  The applicant and the surety on its financial security shall be liable for all costs and expenses incurred by the Township in correcting such defects and for any penalty assessed as a result of the applicant's failure to take immediate corrective action.

 

§111.   NOTIFICATION OF PROPOSED STREET PAVING.

The Township shall give timely notice to all persons owning property abutting on any street within the Township about to be paved or improved, and to all public utility companies operating in the Township, and all such persons and utility companies shall make all water, gas, sewer or other connections, as well as any repairs thereto which would necessitate opening or excavation of the said street, within 90 days from the giving of such notice, unless such time is extended in writing by the Township.

 

§112.   MORATORIUM STREETS.

The Township shall not issue any permit to excavate within five (5) years of resurfacing on any moratorium street.  If any person seeks to open or excavate in a street within five (5) years after the completion of new paving thereof for any other reason than an emergency as stated in §106, the applicant shall make written application to the Board of Commissioners, and a permit shall be issued only after express approval of the Board of Commissioners and only upon payment of a permit fee in an amount as established from time to time by resolution of the Board of Commissioners.  The Board of Commissioners may place additional conditions on a permit subject to approval.

 

§113.   INSURANCE REQUIRED.

1.         Every person to whom a permit is issued or by whom any opening or excavation is made shall assume all risks and be liable for all injuries or damages occasioned:

A.        By the opening or excavation of the street.

B.         By the failure to properly protect the same, backfill the same, restore the surface or maintain the surface.

C.        By any other action or inactions in connection therewith.

2.         Such person shall indemnify and save harmless the Township, its officials and employees of and from any such liability.  In addition, such person shall submit to the Township, at the time of applying for a permit, a certificate or certificates of insurance showing evidence of the coverages referenced below along with copies of the Additional Insured, Waiver of Subrogation, and Notice of Cancellation endorsements to the policies as specified.  Policy or policies shall afford insurance covering all operations, vehicles, and employees as follows:

A.        General Liability Insurance with limits of $1,000,000 per occurrence and $2,000,000 aggregate.  This insurance shall not contain an “Explosion, Collapse, and Underground” exclusion.  Hampden Township shall be named as additional insured on a primary and non-contributory basis.

B.         Workers Compensation Insurance with Employers Liability as required by Pennsylvania Statute.  This policy shall be endorsed with a Waiver of Subrogation in favor of Hampden Township.

C.        Business Automobile Liability Insurance with a $1,000,000 per accident combined single limit.

3.         In the event that the permittee is a private individual, the following proof of insurance shall be provided:

A.        Liability Insurance with a limit of at least $500,000 per occurrence, which may be provided by Homeowners, Renters, Farmowners, or other personal liability policy.  The limit may be provided by a combination of one of these policies and a Personal Umbrella Liability policy.

B.         Automobile Liability Insurance with a combined single limit of at least $500,000 per occurrence.

§114. DEALING WITH VIOLATIONS.

1.         In the event any person violates the provisions of this Part or the terms and conditions of any permit issued hereunder, the Township may:

    A.        Order a cessation of the work.

B.         Order the performance of additional or corrective work by or on behalf of the applicant and at the applicant's expense.

C.        Revoke the permit.

D.        Institute such legal or equitable actions as may be appropriate.

E.         Institute an action for the imposition of a fine under §114 hereof.

F.         Take such other actions as may be deemed necessary under the circumstances.

2.         The above remedies may be pursued simultaneously or consecutively.  No person who has violated the provisions of this Part and has failed or refused to remedy such violation shall be eligible for the issuance of any other permit hereunder until such violation has been remedied.

 

§115.   PLAN MUST BE APPROVED.

No permit for opening or excavating in a street for the purpose of laying, constructing, extending or relocating a water line, gas line, sanitary sewer line, storm sewer line, electrical or communication cable or conduit or other similar facility shall be issued until a plan showing the proposed location thereof has been approved by the Board of Commissioners.  Such permit, when issued, shall require the applicant to furnish, upon completion of the work, "as built" plans showing the exact location of the facilities.  The furnishing of such plans shall be a condition of the financial security required under §109 hereof.

 

§116.   PENALTIES.

Any person, firm or corporation who shall violate any provision of this Part shall be, upon conviction thereof, sentenced to pay a fine of not more than $1,000 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 30 days.  Each day that a violation of this Part continues shall constitute a separate offense.

§117.   DEDICATION OF STREET SEPARATE.

Neither the issuance of a permit hereunder nor the taking of any other actions hereunder shall be construed as an express or implied acceptance by the Township of the dedication of any street.

(Ord. 2019- 08, 06/27/2019)

PART 2

DRIVEWAY INSTALLATION

 

§201.   DEFINITIONS.

For the purpose of this Part, the following terms shall have meanings ascribed thereto, as follows:

BOARD - the Board of Township Commissioners of Hampden Township, Cumberland County, Pennsylvania.

CONTRACTOR - the party, person, firm, partnership and/or corporation who or which installs a driveway, including all agents, officers or employees of said party, person, firm, partnership and/or corporation.

DRIVEWAY - any area of land designated or to be used as a means of ingress and/or egress for either vehicles and/or pedestrian traffic from a public road to a piece, parcel or tract of land.

OWNER - the owner of the land upon which a driveway or other improvement is located.

PERMIT - a permit issued by the Township through the Township Engineer to signify approval of the work to be done or improvement to be constructed under the specific regulations of this Part.

PERSON - any individual, partnership, company, association, society, corporation or other group or entity.

PUBLIC ROAD - any road, street, alley or public thoroughfare whether actually maintained by Hampden Township as part of its road system, or whether shown on a subdivision or land             development plan and intended to be offered or dedicated to Hampden Township in the future as part of its road system, to the extent of the width of the legal or dedicated right-of-way of said             road, street, alley or public thoroughfare.

            TOWNSHIP - Township of Hampden.

            TOWNSHIP ENGINEER - the Township Engineer as appointed by the  Board.

            TOWNSHIP MANAGER - the Township Manager as appointed by the  Board.

(Ord. 92-1, 1/6/1992, §1)

 

§202.   DRIVEWAY REGULATIONS.

1.         No person, owner and/or contractor shall hereafter install, initiate any work or allow the installation or initiation of any work toward the installation of a driveway onto or from a public road without first obtaining a permit therefore from the Township, except where the requirements of driveways have been previously included as part of the approval of a land subdivision plan or land development plan.

2.         Any person, owner and/or contractor shall, prior to obtaining a driveway permit, file an application or an application form supplied by Township, reflecting and showing the location of the driveway relative to the premises and designating the course, grade, structure, materials and drainage facilities, if any, involved in the construction of the driveway. The application shall be reviewed by the Township Engineer. The Engineer shall determine if the proposed method of constructing or making said connection, as reflected on the application, is such that it will (1) minimize the adverse effect of stormwater run-off resulting from said connection, (2) not cause damage to the public road to which the driveway is to be connected, and (3) be consistent with prevailing safety requirements as established by Pennsylvania Department of Transportation. If found satisfactory by the Engineer, he shall issue, or cause to be issued, the permit. If the plan if found deficient, or if in the opinion of the Township Engineer the plan could be improved so as to (1) minimize the adverse effect of stormwater runoff, (2) lessen drainage to the public road to which the driveway is to be connected, or (3) lessen hazardous driving conditions on the public road to which the driveway is to be connected, the Township Engineer shall, by written communication to the owner, notify him of the changes to be made. The applicant shall immediately make such changes and return the revised plan to the engineer. When such plan is in acceptable form, the Engineer shall approve or cause the same to be approved and the permit issued within 30 days of the revised plan.

3.         Each driveway, whether serving the same premises or not, shall require an individual permit.

(Ord. 92-1, 1/6/1992, §2)

 

§203.   SPECIFICATIONS.

The Board shall make by resolution from time to time such specifications as may be necessary and proper for the implementation of the foregoing regulations, which specifications shall be made available to the applicant for any permit required pursuant to this Part.

(Ord. 92-1, 1/6/1992, §3)

§204.   COMPLIANCE WITH PERMIT AND SPECIFICATIONS.

All work to be performed and all materials to be used as approved by any permit issued pursuant to this Part shall be performed and/or supplied in strict conformance and compliance with the terms and plans of such permit and the applicable specifications of this Township.

(Ord. 92-1, 1/6/1992, §4)

 

§205.   PERMIT FEES.

The Board shall prescribe by resolution from time to time such fee or fees for the permits required pursuant to this Part, which fees shall not exceed the approximate reasonable cost of processing and reviewing the application for the permit and making any necessary inspection to assure compliance with the terms of the permit.

(Ord. 92-1, 1/6/1992, §5)

 

§206.   APPEAL FROM ENGINEER'S DENIAL OF PERMIT.

An applicant shall have the right of appeal to the Board upon the Township Engineer's denial of a permit required hereunder. Said appeal shall be perfected within 10 calendar days from the date of denial by filing a written appeal and request for hearing with the Manager. The Board shall hold a hearing within 60 days after the perfection of such appeal and render its decision within 30 days after said hearing.

(Ord. 92-1, 1/6/1992, §6)

 

 

§207. MAINTENANCE AND ENFORCEMENT.

1.         The owner of any driveway, including any drainage facilities appurtenant thereto, shall be responsible for its maintenance so as to:

a.         Prevent damage to the public road to which such driveway is to be connected or to be adjacent or affecting.

b.         Prevent the creation or increase of any safety hazard resulting from the use of said driveway.

2.         If the Township Engineer shall determine that the driveway (and its appurtenances) is not maintained as required hereinabove, he shall give written notice by certified mail to the owner indicating the deficiencies and requiring corrective action within 10 calendar days from the date of mailing. Any such deficiency shall be considered to be a public nuisance.

3.         If the owner of such driveway shall fail to take the corrective action required under subsection (2) immediately above, the Township Engineer is hereby authorized and empowered to abate such nuisance and to cause such corrective action to be taken by the Township at the owner's sole cost and expense. Township shall obtain reimbursement from the owner by any lawful means, including an action at law or by municipal claim and/or lien.

(Ord. 92-1, 1/6/1992, §7)

 

§208.   PENALTY FOR VIOLATION.

Any owner, person and/or contractor who violates any provision of this Part shall be, upon conviction thereof, sentenced to pay a fine of not more than $1,000 plus costs and, in default of payment of said fine and costs, to term of imprisonment not to exceed 30 days. Each day in which a violation shall continue' shall be deemed a separate offense.

(Ord. 92-1, 1/6/1992, §8; as amended by Ord. 98-7, 8/27/1998)

 

 

HAMPDEN TOWNSHIP

 

Driveway Permit Application

 

Property Owner Name_____________________________ Phone #________________________

 

Property Address__________________________________________________________________

 

Applicant Name___________________________________Phone #_________________________

 

Applicant Address_________________________________________________________________

 

Person Preparing Plan______________________________ Phone #________________________

 

Company Name___________________________________________________________________

 

Address__________________________________________________________________________

 

Description of improvements (pavements, drainage, structures, proposed or existing driveway, etc.

 

_________________________________________________________________________________

 

_________________________________________________________________________________

 

Name of Contractor_______________________________________________________________

 

Address__________________________________________Phone #_________________________

 

                                                                                                _____________________________

Applicant                                                                               Date

 

***************************************************************************************

 

Township Use Only

 

Application #______________Date Rec'd._____________Fee Rec'd_______________

 

 

 

***************************************************************************************

This application form must be accompanied by two (2) copies of each of the following:

(1)        Plan, professionally drawn and designed which includes:

(a)        Location and geometric alignment of the driveway relative to the Township road or street.

(b)        Grades or slopes of the driveway within the Township's right-of-way.

(c)        Sight distances in both directions along the road from the driveway;        measured from a vehicle 10 feet back from the pavement edge.

(d)       Construction materials within the right-of-way.

(e)        Drainage facilities, if any.

(f)        See attached engineering standards.

ENGINEERING STANDARDS

 

  1. Driveway location shall be located as far away as practicable from any intersection, and shall not violate any existing State or municipal traffic safety regulations. A turnaround area may be required in certain instances for safety consideration.

  2. Driveway shall be designed to enter right-of-way at right angles (90 degrees), or as near thereto as site conditions permit.

  3. Slopes and grades shall be as shown

  4. Minimum sight distance shall be as follows:

    Posted Speed (mph)

    Safe Site Distance Left1(feet)

    Safe Site Distance Right1(feet)

    25

    250

    195

    25

    250

    195

    35

    440

    350

    45

    635

    570

    55

    845

    875


    1     Measured from a vehicle 10 feet back of the pavement edge.

  5. Construction materials must be compatible to existing right-of-way materials and must insure that no erosion will occur at the driveway or within the Township right-of-way.

  6. If stormwater piping is necessary or proposed, drainage calculations must show that stormwater from a 2 year storm is being properly conveyed and that no stormwater runoff from a 25 year storm will enter the driving lane of the road.

HAMPDEN TOWNSHIP 

Driveway Permit

 

 

Permit #_________________________                  Date Issued____________________________

 

 

Property Owner Name_____________________________________________________________

 

Property Address__________________________________________________________________

 

Phone No.____________________

 

 

***************************************************************************************

Driveway construction must be in accordance with the attached drawing and specifications. Any changes from the approved drawing must be reviewed and approved by the Township Engineer.

 

                                                                                                                                               

Township Engineer Approval                                                          Date

 

***************************************************************************************

Acknowledgment:

The owner of any driveway, including any drainage facilities appurtenant thereto, shall be responsible for its maintenance so as to: (1) prevent damage to the public road to which such driveway is to be connected or to be adjacent or affecting; (2) prevent the creation or increase of any safety hazard resulting from the use of said driveway.

                                                                                                                                             

Owner Signature                                                                   Date

 

 

PART 3

SNOW AND ICE REMOVAL

 

 

§301.   LEGISLATIVE INTENT.

The Board of Township Commissioners ("Board") of this Township hereby declares the following statements as its purpose and intention in enacting this Part:

A.        The Township provides maintenance of certain public streets and roads within this Township, including the removal of natural snow and mitigation of the effects of ice. Considerable resources of this Township have been appropriated to provide equipment and manpower to perform these functions. It is observed that persons living, occupying or otherwise connected with lands abutting said public streets and roads place snow and ice accumulating on private driveways, parking areas and sidewalks upon the public streets and roads after Township forces have undertaken to remove snow and treat ice. Such placement negates the removal/treatment processes and causes dangerous obstructions jeopardizing the traveling public.

B.         Therefore, the Boards declares that is necessary and in the best interest of the health, safety and welfare of the citizens of the Township and the traveling public at large to prohibit the placement of snow and ice on public streets and roads maintained by this Township and to provide penalties for those who violate or permit the violation of such prohibition.

(Ord. 94-2, 5/3/1994, §1)

 

§302.   DEFINITIONS.

When used in this Part, the following words, terms or phrases shall have the meanings set forth herein below:

CLEARED and/or TREATED PORTION OF A PUBLIC STREET or ROAD - that portion of a public street or road which has been plowed or otherwise cleared of snow by Township forces or which has been treated by Township forces with deicing or antiskid material.

ENTITY - any organization of people other than an individual person whether in the form of a partnership, joint venture, association, corporation (whether for or not for profit) or otherwise.

ICE - frozen water, whether as the result of precipitation or otherwise.

PUBLIC STREET or ROAD - any street or road within the territorial limits of the Township as maintained by the Township.

SNOW - natural frozen precipitation.

RESTITUTION - a sum of money equal to the Township's actual cost of removing snow or ice unlawfully placed on a public street or road or for treating ice occasioned by such unlawful placement, said costs to be determined by the verified statement of the Township Manager.

TOWNSHIP - the Township of Hampden, Cumberland County, Pennsylvania.

TOWNSHIP MANAGER - the Township Manager as appointed by Township's Board of Township Commissioners.

(Ord. 94-2, 5/3/1995, §2)

 

§303.   PROHIBITED CONDUCT.

 

  1. It shall be unlawful for any person to place any snow or ice (whether by shoveling, sweeping, plowing, blowing, pushing, dumping or otherwise) upon the cleared and/or treated portion of a public street or road within this Township.

  2. It shall be unlawful for any person or entity to cause or permit any person to place any snow or ice (whether by shoveling, sweeping, plowing, blowing, pushing, dumping or otherwise) upon the cleared and/or treated portion of a public street or road within this Township.

  3. A person or an entity shall be presumed to have caused or permitted a person to place snow or ice upon the cleared and/or treated portion of a public street or road where:

    1. Such person or entity owns, occupies or otherwise controls the land from which the snow or ice originated.

    2. Employs, contracts With or otherwise engages the person placing the snow or ice upon said street or road.

(Ord. 94-2, 5/3/1995, §2)

 

§304.   PENALTIES.

 

  1. First Offense. Any person or entity who shall violate any provision of this Part for the first time shall, upon conviction thereof, be sentenced to pay a fine to the use of the Township in an amount of not less than $50 and not more than $150 and shall pay restitution to the Township and the costs of prosecution; or upon failure to make such payments, to undergo imprisonment for a term of not less than 5 nor more than 10 consecutive days.

  2. Second Offense. Any person or entity who shall violate any provision of this Part for the second or subsequent time shall be, upon conviction thereof, sentenced to pay a fine of not less than $250 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 30 days.

(Ord. 94-2, 5/3/1995, §4; as amended by Ord. 98-7, 8/27/1998]

 

 

 

PART 4

CURBS AND SIDEWALKS

 

§401.   CURB AND SIDEWALK MAY BE REQUIRED.

The Commissioners of Hampden Township, Cumberland County, Pennsylvania, may give notice to any owner of property abutting on any street or highway within the Township to construct, pave, curb, repave and recurb the sidewalks along their said property at a grade and depth to be fixed and determined by the Township Engineer. Said sidewalks shall be 4 feet wide, and 4 inches deep, and shall be constructed of Portland cement concrete. Said notice to the property owners shall be in writing, and may be served on the property owner by leaving the same at his place of residence, or if he has no residence in the Township, then by posting the same on the premises and mailing a copy thereof to the owner at his last known address. If the said owner shall fail to perform the duty required of him in said notice, within 30 days from the date of its service, the Township Commissioners shall construct, pave, curb, repave or recurb, as the case may be, and shall collect the cost of such construction, paving, curbing, repaving or recurbing, plus a penalty of 10% for such owners of property abutting such sidewalk by the filing of a lien in the manner provided by law for the filing and collection of municipal claims, or by filing an action in assumpsit; the cost of any such construction, paving, curbing, repaving or recurbing, as the case may be, which shall have been done by the Township Commissioners, shall be lien upon the premises from the time of the commencement of the work, which date shall be fixed by the Township Engineer, and shall be filed with the Township Secretary.

(Ord. 51, 6/1/1963, §1; as amended by Ord. 98-7, 8/27/1998)

 

§402.   SIDEWALKS TO BE KEPT SAFE.

The owner of the abutting property shall keep the sidewalk, together with any portion of his property paved and used as a sidewalk or public walk immediately in front of his property, in good order and repair, and at all times free and clear of all obstructions to safe and convenient passage, and free of any merchandise placed there for display, if the removal thereof is ordered by the Township Commissioners. Upon the failure of the property owner to do the above, the same provisions, procedures, requirements and penalties shall be applicable as set forth in §401 herein.

(Ord. 51, 7/1/1963, §2)

(1)  Editor's Note: See 22, §505 for curb and sidewalk specifications.  

§403.  PERMIT REQUIRED

No person, property owner or contractor shall install, initiate any work, or allow the installation, initiation of any work or the repair or replacement of any curb or sidewalk without first obtaining a permit therefor from the Township.  The requirement for a permit shall not apply with respect to the installation of curbs and sidewalks where neither curb and/or sidewalk had not existed before where the requirements for the installation of such curb and/or sidewalk have been previously included as part of an approved subdivision or land development plan. [Ord 11-03]

 

§404.  PERMIT AND SPECIFICATIONS

Applications for permits required in §403, above, shall be made on forms to be provided by the Township and approved by the Township Manager.  All work to be performed and materials used shall be in accordance with the specifications for curbs and sidewalks contained in Chapter 22, Part 5, Section 505 and any amended or successor provisions thereof.  All work performed and materials used shall be in strict conformance and compliance with the above specifications, the permit and plans required to be submitted with the application and approved as part of the issued permit.  [Ord 11-03]

 

§405.  PERMIT FEES.

The Board of Commissioners may prescribe by resolution from time to time such fees for the permits required by Section 403, which fees shall be for the reasonable approximate cost of reviewing and processing the application and inspecting all work and materials to ensure compliance with the terms of the permit and specifications.  All such fees shall be payable at the time a permit application is submitted.  [Ord 11-03]

§406.  APPEAL FROM DENIAL OF PERMIT.

An applicant shall have the right to appeal to the Board of Commissioners the denial of a permit required under Section 403.  Any such appeal must be filed within 10 days of the date of the denial by filing a request in writing for a hearing giving the reason for the appeal with the Township Manager.  The Board shall hold a hearing within 60 days of the filing of the appeal and render a decision within 30 days after the hearing.   [Ord 11-03]

 

§407.  PENALTY FOR VIOLATION.

Any owner, person or contractor who violates any provision of Section 403 and/or Section 404 above, shall be, upon conviction thereof, sentenced to pay a fine of not more than $1,000 plus costs, and, in default of such payment, to a term of imprisonment not to exceed 30 days.  Each day in which a violation shall occur shall be deemed a separate offense. 

[Ord 11-03]

PART 5

PARADES AND PUBLIC GATHERINGS

§ 501.  DEFINITIONS. 

The following words and phrases when used in this Part shall have the meanings ascribed to them in this Section: 

APPLICANT – An adult individual submitting to the Township an application for a Permit either individually or on behalf of any Person.

BOARD or BOARD OF COMMISSIONERS – the elected Board of Commissioners of Hampden Township.

CHIEF OF POLICE – The chief law enforcement officer of Hampden Township, or his or her designee. 

DEMONSTRATION – Any public display or expression of group feelings toward a person or a cause, or a show of force. 

PARADE – Any event, parade, march, ceremony, show, exhibition, block party, carnival, pageant, special event or procession of any kind or any similar display in or upon any street in the Township, Township park, other property of the Township and any property of the Hampden Township Sewer Authority, including any gathering in or upon which the streets are occupied for the purpose of a march, procession or demonstration.  Gatherings on sidewalks that do not block the sidewalk are not parades.

PARADE PERMIT or PERMIT – A permit as required by this Part.

PERSON – Any individual or group of individuals, firm, partnership, corporation, company, organization or entity of any kind. 

PROCESSION – A group of individuals moving along in an orderly or disorderly way in a manner other than for normal pedestrian or vehicular traffic.

SPECIAL EVENT – An assembly, athletic event, street fair, art and craft show, carnival, rally, or other special event or activity that occurs on a Township street, sidewalk, alley or other street right-of-way and that obstructs, delays or interferes with the normal flow of pedestrian or vehicular traffic or does not comply with traffic laws and controls. 

STREET – A public right-of-way or portion thereof, including public sidewalks, intended for general public use to provide means of travel for vehicles and pedestrians.  The word “street” includes the words avenue, road, highway, thoroughfare, way, drive, lane, court, cul-de-sac, sidewalk, alley and bike and pedestrian paths, but shall not include a driveway.

TOWNSHIP – Hampden Township, Cumberland County, Pennsylvania.

TOWNSHIP MANAGER – The Township Manager of Hampden Township, or his or her designee.

 

§ 502.  PERMIT.

            No parade shall be conducted by any person upon any street in the Township, Township park or property of the Township without first obtaining a permit from the Township through the Township Manager.  No person shall participate in a parade prior to full compliance with the provisions of this Part.

            The Township Manager shall inform the Board of Commissioners concerning the issuance of any permit under this Section, the issuance of which shall not constitute an endorsement of the applicant, the organization on whose behalf the application was submitted or the event by the Township.

 

§ 503.  PERMIT EXEMPTIONS.

            A permit shall not be required for the following activities:

  1. Funeral processions.

  2. Any special event sponsored by the Township, whether or not occurring exclusively on Township property.

  3. First Amendment activity on Township streets or sidewalks that will not likely result in the obstruction of Township streets or sidewalks nor compromise the ability of the Township to respond to a public safety emergency.

  4. Wedding processions.

  5. Students going to and from school or other classes or educational activities, provided that such activity is under the immediate direction and supervision of the proper school authorities.

  6. Activities of governmental agencies or the Hampden Township Volunteer Fire Company No. 1.

  7. Neighborhood organized or Home Owner Association organized holiday events such as, but not limited to, trick-or-treat.

 

§ 504.  PERMIT APPLICATION

            A person seeking issuance of a permit for a parade shall file an application with the Township Manager on forms provided by the Township.

  1. Filing period.An application for a permit shall be filed with the Township Manager no fewer than 120 days in advance of the proposed event date.Where good cause is shown, the Township Manager shall have the authority to consider any application which is submitted fewer than 120 days in advance of the event date.

  2. Application contents.The following information shall be included on the permit application:

    1. Name, address and telephone number of the applicant seeking to conduct such event and requesting the permit.

    2. If the event is proposed to be conducted for, on behalf of or by any organization, the name, address and telephone number of the headquarters of the organization and of the authorized and responsible heads of such organization.

    3. The name, address and telephone number of the person or persons who will be in charge of and who will be responsible for conducting the event.

    4. A concise statement of the purpose of the event.

    5. The date when the event is to be conducted and the hours when such event will start and terminate.

    6. A map depicting the event course to be traveled or the location of the event, including the starting point and the termination point.

    7. A statement as to whether the event will occupy all or only a portion of the width of the streets or public land proposed to be traveled or utilized.

    8. The location by streets of any assembly (formation and disbanding) areas for the event including the time at which persons will begin to assemble.If the assembly area is on private property, the name, address and telephone number of the property owner and a letter of permission for assembly from the property owner.

    9. The approximate size and length of the event including the approximate number of person and vehicles in the event including number and types of animals, if any.

    10. Any proposed rain date for the event.

    11. Any additional information which the Township Manager shall find reasonably necessary in order to make a determination as to whether a permit should be issued.

                  In addition to the above, when the event proposes to use any Township street or state owned roadways resulting in a partial or complete closure of a Township street or state owned roadway, the following information shall be provided with the application:

    12. A statement as to how the proposed closure will not adversely affectmotorists, first responders and adjacent properties.

    13. If the event impacts any state owned roadways, a copy of the application submitted to PennDOT and evidence that PennDOT approved the application and any comments provided by PennDOT in response to the application.

    14. If a complete closure of a Township street is requested, an alternative route must be identified that is not five (5) miles longer or five (5) times greater in length than the normal travel distance of the street being closed.

    15. Evidence that emergency services standby service has been arranged when such service is anticipated for the event.

    16. A map of the proposed route and any detour, showing the proposed closure and event location, all Township street names and state route (SR) numbers, all cross-streets and intersections along with proposed locations for detour signage to be used during the event.

    17. A copy of an executed contract noting engagement by the applicant of a PennDOT certified flagging contractor of the control and re-direction of traffic.

  3. Acknowledgements and Agreements of the Applicant.When submitting a permit application to the Township, the applicant acknowledges and agrees to the following:

    1. The applicant will be responsible for all expenses associated with the event, including, but not limited, to the following:

      1. All traffic control services, including any reasonable expenses incurred by the Township and its Police Department due to the event;

      2. Any emergency services standby services;

      3. The costs of detour signage;

      4. Providing insurance and evidence of insurance as required by 2.h., below.

      5. Providing trash and recycling services during the event, including the prompt collection and proper disposal of trash and debris along the event route or in the event area.

      6. Providing temporary restroom facilities where needed.

    2. The applicant agrees to and will comply with the following requirements:

      1. The maximum time period for which any street may be closed is three (3) hours.

      2. Throughout the event, local access to all properties must be maintained for emergency responders, property owners and businesses during the event, to include delivery and mail services.

      3. Neither the street closure nor detour will create traffic backups on Township streets or state roadways.

      4. Two weeks prior notice of the event and closure, either given in person or by first class mail, is to be given to all property owners and occupants within the area of the road closure and confirmation of such notice shall be provided to the Township Manager at least ten (10) business days prior to the event.

      5. Detour signage must be placed at such locations approved by the Township at least three (3) business days prior to the event, and remain in place during the event.

      6. Delays involving partial closures of streets shall not exceed five (5) minutes and must be managed by the certified flagging contractor engaged by the applicant to ensure all queued vehicles are timely cleared.

      7. The applicant and sponsor agree to fully indemnify, save harmless and defend the Township, the Hampden Township Sewer Authority,

        the Board of Commissioners, the Authority Board and their

        respective officers, agents and employees of, from and against all

        claims, suits or actions for injury, death or property damage arising from the parade or event and/or because of the acts or omissions of the applicant, sponsor, its officers, agents or employees.

      8. The applicant and sponsor shall, at their own expense, procure Commercial General Liability insurance with limits of $1 million per occurrence and $2 million aggregate.The policy shall include Hampden Township, its employees, elected officials and appointed officials as Additional Insureds, and when any parade is proposed on property of the Hampden Township Sewer Authority, the Authority shall also be identified as an Additional Insured.The coverage under this policy shall be primary and non-contributory with respect to coverage carried by the Township or Authority.The applicant and sponsor agree to waive any right of subrogation against the Township and Authority.At least two (2) weeks prior to the event, the applicant or sponsor shall deliver to the Township a Certificate of Insurance attesting that this coverage is in force, along with a copy of the Additional Insured endorsement to the policy.

  4. Distribution of Permit Application.Upon receipt of a permit application, the Township Manager shall provide a copy of the application to the Chief of Police, Director of Public Works and the Director of Community Development. 

  5. Application Fee.The fee to be paid when submitting a permit application shall be $100.This fee may be revised from time to time by Resolution of the Board of Commissioners.

  6. The Township Manager shall, if all the requirements are met, issue the permit not later than seven (7) days prior to the date of the event.

 

§ 505.  DENIAL OR REVOCATION OF PERMIT.

  1. A permit shall be denied or revoked if:
  1. The application submitted has not been fully completed and executed and all information required by this Part not provided.

  2. The application contains a material falsehood or misrepresentation.

  3. Either the applicant or the person on whose behalf the application was submitted has on a prior occasion damaged Township property and has not paid in full for such damage or has outstanding debts due the Township.

  4. The event would conflict with a previously planned or approved event scheduled for the same time or location.

  5. The event or activity is prohibited by law, regulation, code or ordinance.

  6. The permit may be revoked prior to the event by the Township Manager or Chief of Police for failure to comply with or a breach of any terms or conditions under which the permit was issued or for failure to comply with those requirements of this Part that must be met less than seven (7) days prior to the event.
  1. Notice of the denial or revocation shall be given to the applicant or the

person to whom the permit was issued. 

 

§ 506.  APPEALS.

           Any person aggrieved by the denial of an application or the revocation of a permit shall have the right to appeal the denial or revocation by sending a letter to the Township Manager requesting that the Township Manager hear an appeal on the decision to deny an application for a permit or revoke a permit.

            The letter must be sent by certified mail or hand delivered to the Office of the Township Manager within ten (10) days from the date on which the applicant received notice of the denial or revocation.  The Township Manager shall render a decision on the appeal, in writing, within ten (10) days of receipt of the appeal.  The applicant may appeal the Township Manager’s decision to the Court of Common Pleas of Cumberland County within 30 days of the Township Manager’s written decision if not satisfied with the Township Manager’s decision.

 

§ 507.  VIOLATIONS AND PENALTIES.

            Any Person who or which shall violate any provision of this Part shall upon conviction pay a fine of not more than $600 and costs of prosecution, and in default of such payment, be sentenced to imprisonment of not more than 30 days. Each day that a violation of this Part occurs shall be considered a separate offense.

(Ord. 2018- 13, 11/01/2018)