[1]
Editor's Note: This ordinance also repealed
former Art. II, Openings and Excavations, adopted 3-15-1971 by Ord.
No. 71-6, approved 3-15-1971.
A.
Application and bond.
[Amended 8-16-1993 by Ord. No. 93-6, approved 8-16-1993]
(1)
It shall be unlawful for any person, firm, corporation,
authority or political subdivision to make any opening or excavation
in or under any street, alley or thoroughfare within the limits of
the Borough of Steelton unless and until a permit has been secured
for each undertaking from the Borough Code Enforcement Officer. The
charge for said permit shall be in accordance with the schedule of
fees set forth in this article. The application for the permit and
every such permit shall specify the legislative route and station
numbers of the place where said opening or excavation will be made,
the time when said opening or excavation may remain open, together
with the estimated length, width and depth thereof, the permit expiration
date, the type of facility being permitted, the fees charged, the
amount of required security, the length of the facility (or number
of facilities) being permitted within the right-of-way, authorized
work and materials and required traffic control measures, along with
any additional information that might be requested by the Borough.
(2)
At the same time an application for permit is requested
to make any opening or street excavation as aforesaid, the person,
firm, corporation, authority or political subdivision applying for
said permit shall make, execute and deliver a bond to the Borough
in an amount determined by the Borough with surety by a company duly
registered and authorized to do business in the commonwealth, conditioned
that the entire scope of work, including excavation, backfilling,
temporary and permanent restoration and any other work required by
the Borough to be performed in relation to said permit, shall be completed
in a manner acceptable to the Borough, in default whereof the Borough
may cause, or require the surety to cause, the same to be done in
a manner it deems proper, and the expenses thereof, including any
overhead expense, shall be paid by the aforesaid principal or surety
through its bond.
B.
Blasting. No predrilling or blasting will be permitted
within the right-of-way, unless authorized by the permit.
(1)
If the permittee proposes to blast, the permittee
shall make, execute and deliver a bond to the Borough in an amount
determined by the Borough with surety by a company duly registered
and authorized to do business in the commonwealth, conditioned that
the Borough will be saved harmless from any damages whatsoever to
the improved area until the completion of the last work covered by
the permit.
(2)
An applicant who proposes to blast under authority
of several permits may execute a blanket bond with surety or without
surety, provided that the Borough accepts the applicant's financial
statement as evidence of sufficient security. The amount of each blanket
bond shall be determined by the Borough.
(3)
When blasting is anticipated within 100 feet of any
bridge, box or culvert, a detailed plan of excavating, shoring, blasting
and backfilling procedures shall be submitted with the application
to the Borough office for review and approval.
(4)
No blasting shall be permitted if within 25 feet of
the nearest part of a bridge, box or culvert.
(5)
Only controlled blasting, as specified in Section
203.3(d), Form 408, Pennsylvania Department of Transportation Highway
Construction Specifications, latest revision, shall be permitted within
the improved area.
(6)
No blasting bond will be released until the Borough
has accepted the permitted work as being satisfactorily completed.
A.
General rule. Emergency repairs involving the placing
of facilities or opening of the surface within the right-of-way may
be performed prior to obtaining a permit, provided that the following
procedure is adhered to:
(1)
The utility facility owner shall immediately notify
the Borough office by telephone when the necessity for an emergency
repair occurs during the hours of 9:00 a.m. to 4:00 p.m., Monday through
Friday. Emergency work occurring at other times shall be reported
to the Borough office on the following workday.
(2)
Prior to opening the surface or placing utility facilities
within the right-of-way, the utility work crew shall enter the following
information on the emergency permit card in legible handwriting, using
indelible ink:
(3)
The completed, original emergency permit card shall
be located at the work site and shall be available for inspection
by any police officer or representative of the Borough. Reproduced
copies of the original card are not valid.
(4)
A permit shall be applied for within 15 days to confirm
and set forth, in detail, any work performed. The application number
shall then be entered on the emergency permit card by the applicant.
(5)
All work performed under authority of an emergency
permit card shall conform to Pennsylvania Department of Transportation
Regulations (67 Pa. Code Chapter 41); see in particular Sections 41.7,
relating to general conditions; 41.8, relating to special conditions,
subsurface operations; and 41.9, relating to special conditions, aboveground
facilities.
B.
Exceptions. Emergency repairs to utility facilities
within the right-of-way do not require an emergency permit card in
the instances listed in this subsection:
(1)
Stringing overhead utility lines on nonlimited access
highways.
(2)
Accessing an existing utility facility through a manhole,
except in limited access highway medians or interchange areas.
(3)
Modifying parts of existing permitted facilities,
such as cable in conduit on nonlimited access highways or cross arms
or transformers on poles, provided that no surface opening is required.
It shall be the responsibility of the permittee
to adequately protect and direct vehicles and pedestrian traffic by
means of guards, barriers, lights, signs and flagman, where necessary
and in accordance with the regulations set forth in the Pennsylvania
Department of Transportation Publication 90, entitled "Handbook for
Work Area Traffic Control." The permittee shall assume all risks and
be liable for all damages by reason of openings and excavations and
by reason of any failure to properly fill and maintain the trench
or ditch. No street, alley or thoroughfare may be barricaded to all
traffic unless written permission has been granted by the Borough
Code Enforcement Office and provision made for detours at the expense
of the permittee.
A.
All openings made in the improved area shall be backfilled
by the permittee in accordance with the following minimum standards.
(1)
The opening shall first be backfilled with material
suitable for insulation to a height not to exceed one foot over the
top of the facility, compacted in not more than four-inch layers.
(2)
The opening shall then be backfilled with either No.
2 RC aggregate, retained suitable material or other material specified
in the permit and compacted throughout its full width in layers not
to exceed four inches if a tamper or wacker is used or in layers not
to exceed eight inches if approved vibratory compaction equipment
is used.
(3)
Compaction shall be completed to the bottom elevation
of the existing pavement. However, if subbase is part of the pavement
structure, compaction shall be completed to within eight inches of
the subbase and an approved impervious material shall then be placed
to the bottom elevation of the existing subbase in four-inch compacted
layers, prior to replacing the subbase to its existing elevation.
(4)
The Borough may require the permittee to have material
proposed for use as backfill tested for conformance to Form 408 (Pennsylvania
Department of Transportation Highway Construction Specifications,
latest revision).
B.
Except for emergency repairs of utility facilities,
work shall be stopped prior to peak traffic hours that exist on a
particular highway on a particular day. Steel plates or bridging shall
be placed over all openings made within the improved area which are
less than six feet in either length or width when work is stopped.
The plates or bridging shall be extended a minimum of 18 inches from
each edge of the opening and shall be secured in a safe manner.
A.
Restoration of flexible base pavements. Base and surface
restoration of flexible base pavements shall be done in accordance
with one of the two methods listed below, as specified in the permit.
(1)
High early strength concrete restoration method. Prior
to replacement of the base course, one foot from each edge of the
trench shall be sawed or cut in a neat straight line to the bottom
elevation of the existing base course, and the detached material shall
be removed. Drilling shall not be permitted.
(a)
The base course shall be replaced with a minimum
of eight-inch, high early strength concrete to the elevation of the
existing crushed aggregate base course. The high early strength concrete
shall then be cured in accordance with Section 501.3(n), Form 408.
If a trench exceeds four feet in width, No. 6 reinforcing bars shall
be installed in the concrete base course, placed at six-inch centers
measured longitudinally in the direction of the trench, with a two-inch
clearance on each end and a three-inch clearance on the bottom.
(b)
Following the concrete curing, a tack coat of
E-1 bituminous material or SR tack coat shall be applied in accordance
with Section 460, Form 408.
(c)
After the tack coat has cured, the bituminous
binder and/or wearing course shall be placed so as to conform to the
existing type of road binder and wearing courses.
(2)
Ninety-day temporary restoration method. Prior to
making the permanent restoration, one foot from each edge of the trench
shall be sawed or cut in a neat straight line to the bottom elevation
of the existing base course, and the detached material shall be removed.
Drilling shall not be permitted.
(a)
Temporary restoration shall be made and kept
in place for a minimum of 90 days. The base material shall consist
of either a minimum eight-inch stone base, a minimum five-inch aggregate
bituminous base, a minimum five-inch aggregate lime pozzolan or a
minimum four-inch bituminous concrete, with a surface of two-inch
bituminous material. Where the existing pavement structure includes
a course of subbase material, it shall be replaced to a depth equal
to the existing course depth with material meeting the requirements
of Section 350, Form 408.
(b)
After the minimum ninety-day period, but before
210 days, the temporary restoration shall be removed and permanent
restoration made.
(c)
The permanent base course shall consist of bituminous
concrete meeting the requirements of Section 305, Form 408, and having
a minimum depth of five inches or a depth equal to the existing base
course, whichever is greater.
(d)
The permanent binder and surface course shall
be placed in accordance with the depths of the existing bituminous
surface, but in no case shall the binder course be less than 1 1/2
inch ID-2 and the wearing course be less than one inch ID-2 or FJ-1.
B.
Restoration of plain or reinforced cement concrete
pavements. Prior to replacement of the base, one foot from each edge
of the trench shall be sawed or cut in a neat straight line to a depth
of at least three inches, and the detached material shall be removed.
Drilling shall not be permitted where sawing or cutting is required.
(1)
The replacement base shall consist of high early strength
concrete equal in depth to the original concrete pavement.
(2)
On existing reinforced cement concrete pavements,
reinforcing steel and expansion tie bolts shall be placed in accordance
with Roadway Construction Standard RC-26.
(3)
The surface shall be restored as follows:
(a)
The surface shall be cured in accordance with
Section 501.3(n), Form 408. After surface corrections have been completed
and just before the concrete becomes nonplastic, the surface shall
be given a textured finish in accordance with Section 501.3(m)4, Form
408.
C.
Shoulder restoration.
(1)
Paved and stabilized shoulders. Paved and stabilized
shoulders shall be reconstructed and restored to a serviceable condition
of the same type as existed before the start of work.
(2)
Other shoulders.
(a)
Suitable material shall be used for backfill
of openings in shoulders.
(b)
If the length of the facility exceeds 50 feet,
the shoulder shall be graded, rolled and penetrated with RT-2C or
MC-30 bituminous material at a minimum rate of 0.25 gallon per square
yard and chipped or lightly sanded to prevent tracking of oil onto
the pavement.
D.
Paint identification. Upon completion of temporary
and permanent pavement restoration, the restoration date shall be
painted either on or immediately adjacent to the restored cut. The
painted date shall indicate the month and year numerically. The numerals
shall be at least six inches in height. The paint shall be of a durable
wearing quality and shall be color-coded as follows: blue (water),
yellow (gas-petroleum), red (electric), orange (communications) and
green (sewer).
If the work in opening, filling and maintaining
the surface shall not be performed promptly or shall be unskillfully
or improperly or incompletely done, the Borough may cause same to
be done in a manner it deems proper, and the expense thereof, including
any overhead expense, shall be charged to the permittee, together
with 25% additional as a penalty.
The Borough reserves the right to place an inspector
on any and all jobs it deems necessary in order to ensure good workmanship,
and the actual expense of said inspection shall be charged to the
permittee.
A.
Permit issuance fees. Issuance fees are used to defray
costs incurred by the Borough in reviewing and processing the application
and plans, including the preliminary review of the site location identified
in the application, and issuing and processing the permit.
B.
General permit inspection fees. General inspection
fees are used to defray costs incurred by the Borough in spot inspections
of permitted work or subsequent inspections, or both, after the permitted
work has been completed, to insure compliance with the permit and
these regulations.
(1)
Underground facilities (for example, pipe lines, buried
cable with pedestals, conduit, manholes, headwall, inlet and grate).
This fee is calculated on the total linear feet of the facility or
facilities being permitted within the right-of-way, regardless of
whether the surface is opened.
(2)
Surface openings of less than 25 square feet (for
example, service connections performed independently of underground
facility installation, pipe line repairs), each opening: $15.
(4)
Crossings (for example, overhead tipples, conveyors
or pedestrian walkways and undergrade subways or mines): $80.
C.
Exemptions. Permit issuance fees and general permit
inspection fees are not payable by any of the following:
(1)
The commonwealth.
(2)
Political subdivisions of this commonwealth.
(3)
Governmental authorities organized under the laws
of this commonwealth.
(4)
The federal government.
(5)
Utility facility owners for:
(a)
The installation of streetlights at the request
of the Borough or political subdivisions.
(b)
The replacement or renewal of their facilities
prior to a Borough resurfacing project after notice from the Borough.
(c)
The removal of poles and attached appurtenances.
(d)
Facilities moved at the request of the Borough
or political subdivisions.
(e)
Reconstructing or maintaining their facilities
which occupy the right-of-way under private status.
D.
Additional inspection fees. If the Borough determines
that the permitted work is of sufficient magnitude or importance to
warrant assignment of one or more employees to inspect the permitted
work on a more than spot-inspection basis, the permit will so indicate,
and the permittee shall be charged for all salary, overhead and expenses
incurred by the Borough for inspection.
E.
Refunds. The Borough will refund the general permit
inspection fees on unused permits. In order to be eligible to receive
such a refund, the permittee shall deliver the request with the permittee's
copy of the permit to the issuing district permit officer on or before
the original permit's expiration date.
F.
Miscellaneous fees. The applicant shall pay for notary
and recording costs if it is determined by the Borough that the permit
shall be recorded in the County Office of the Recorder of Deeds.
Restoration fees shall be charged as follows:
A.
Minimum charge for any restoration: $15.
B.
Pavement opening:
(1)
Under 20 square feet: $15.
(2)
Over 20 square feet and up to 60 square feet: $25.
(3)
Over 60 square feet: The rate shall be determined
by the Superintendent of Highways and the Code Enforcement Officer.
|
NOTE: Restoration: An additional
12 inches shall be cut back by the contractor on all sides of the
excavation in order to eliminate any surface distortion.
[Amended 2-22-1994 by Ord. No. 1994-2,
approved 2-22-1994] |
Any person, firm or corporation violating any
of the provisions of this article shall, upon conviction thereof,
be sentenced to pay a fine not exceeding $300 and, in default thereof,
to undergo imprisonment in the county jail for a period not exceeding
30 days.
