[Ord. 771, 8/1/1994, § 1; as amended by Ord. 974,
5/9/2016]; and by Ord. No. 1015, 10/26/2020]
1.
APPLICANT
CALENDAR YEAR
CONCRETE
COST
DEPARTMENT
EMERGENCY
INSPECTION FEE
PERMIT FEE
PERMITTEE
PERSON
PUBLIC UTILITY
RESURFACE
SIDEWALK AREA
STREET
TOWN
TOWN STREET MAINTENANCE FUND
USER
WORK DAY
The following
words, when used in this Part, shall have the meanings ascribed to
them in this section, except in those instances where the context
clearly indicates otherwise:
Any person who makes application for a permit.
January 1 through December 31, inclusive.
Soil cement, plain cement concrete or reinforced cement concrete
and material contained in the base course of some Town streets.
Actual expenditures incurred by the Town for labor, equipment
and materials, which include all fringe benefits and overhead.
The Public Works Department of the Town of Bloomsburg.
Any condition constituting a clear and present danger to
life or property by reason of escaping gas, exposed wires or other
breaks or defects in the user's line.
A fee paid by the permittee to the Town to defray street
excavation inspection costs.
A fee paid by the permittee to the Town to cover the costs
of issuing, processing and filing the street excavation permit. The
fee paid by the permittee to the Town to defray a percentage of the
costs for resurfacing and reconstruction of Town streets resulting
from depreciation of streets associated with street excavations.
Any person who has been issued a permit and has agreed to
fulfill all the provisions of this section.
Any natural person, partnership, firm, association, corporation,
utility or municipal authority.
Any utility company, excluding corporate authorities of the
Town, franchised by the Public Utility Commission of the Commonwealth
of Pennsylvania.
A process which provides a new wearing surface in a certain
paved street area between curbs with the same material that was existing
prior to excavation.
That portion of the street right-of-way reserved for sidewalks
or that area defined on the Town Plan.
The entire right-of-way of a public street, public highway,
public alley, public avenue, public road or public easement within
the Town limits, excluding the designated curb and sidewalk area.
The Town of Bloomsburg.
A fund established and regulated by the Town, the moneys
therein being explicitly designated for the resurfacing, repair and
reconstruction of Town streets. This fund shall be included as part
of the General Fund.
The public utility, municipal corporation, municipal authority
or other person who, or which, uses a line to provide service to one
or more consumers.
Normal business day for the Town government including Monday
through Friday, except designated holidays.
2.
In this
Part, the singular shall include the plural, the plural shall include
the singular, and the masculine shall include the feminine and the
neuter.
[Ord. 771, 8/1/1994, § 2; as amended by Ord. 974,
5/9/2016]
1.
The excavation of the surface of any Town street is prohibited unless
a permit is obtained for that purpose in the manner hereinafter described,
except in situations which require the placement of utility poles.
Such permit shall be granted through the Public Works Department when
the person applying for such permit files an application with the
Department in compliance with the provisions of this section and pays
into the Town treasury the amounts hereinafter stated.
[Amended by Ord. No. 1015, 10/26/2020]
2.
Any person working in the vicinity of a Town street who in any manner
disturbs such street or who in any manner causes damage to a street
shall be required by this section to obtain a permit and correct this
damage in accordance with the standards of the Town of Bloomsburg
Construction and Materials Specifications. Street excavation permits
are not required for persons excavating adjacent to the curb for the
express purpose of installing or replacing sidewalks or curbs; provided,
a curb and sidewalk permit has been obtained prior to such work.
[Amended by Ord. No. 1015, 10/26/2020]
3.
The requirement of obtaining a street excavation permit shall be
waived when work to be performed is completed by Town personnel or
Town-contracted work.
[Amended by Ord. No. 1015, 10/26/2020]
4.
If street excavations are necessitated by emergencies, street excavation
permits shall be obtained on the first regular business day on which
the office of the Town is open for business and such permit shall
be retroactive to the date when the work began.
[Amended by Ord. No. 1015, 10/26/2020]
5.
The person performing street excavations for an emergency shall verify
the nature of the emergency circumstance in writing on the street
excavation permit application submitted to the Director of the Public
Works Department within three days after such emergency.
[Amended by Ord. No. 1015, 10/26/2020]
6.
All traffic in a work area shall be controlled in accordance with
present Pennsylvania Department of Transportation requirements for
control of work areas.
7.
The permittee shall be responsible for notifying the Columbia County Emergency Management Agency of any street, alley, or road closings and shall be responsible for obtaining a street closure permit from the Police Department of the Town of Bloomsburg in accordance with the provisions established under § 15-106.
[Amended by Ord. No. 1015, 10/26/2020; as amended by Ord. No. 1027, 9/13/2021]
8.
All construction and materials shall be completed and provided in
accordance with Town of Bloomsburg Construction and Material Specifications.
[Amended by Ord. No. 1015, 10/26/2020]
[Ord. 771, 8/1/1994, § 3; as amended by Ord. 974,
5/9/2016; and by Ord. No. 1015, 10/26/2020]
This Section shall not forbid the installation of new pipes,
conduits or other services or structures or the repair or replacement
of those already existing, in or under the portions of such highways
improved as aforesaid, by penetrating the subsurface beneath paving
in accordance with Town ordinances and the directions of the Public
Works Department or the Pennsylvania Department of Transportation,
upon obtaining a permit, and upon payment to the Town of the same
fees as prescribed by the provisions of this Part except for the permit
fee for making a surfacing.
[Ord. 771, 8/1/1994, § 4; as amended by Ord. 974,
5/9/2016; and by Ord. No. 1015, 10/26/2020]
Street excavation permits shall only be granted upon compliance
with the following express provisions:
1.
A written application shall be filed with the Public Works Department
for making all street excavations and signed by the person desiring
such permit. Such application shall set forth the purpose for which
such excavation is to be made, the size and location of the same,
the full scope of work to be included in the project, the date or
dates during which such excavation is to be permitted, the date such
excavation is to be refilled and resurfaced in the manner hereinafter
provided in accordance with every provision contained in this Part.
An applicant shall furnish a drawing of the proposed excavation site
upon request of the Department. Items required on the drawing shall
be specified at the time of request.
2.
Prior to the issuing of such permit, every such applicant shall pay
to the Town the amount hereinafter required for the purposes specified
and shall exhibit to the Department a receipt for the amount paid.
3.
No permit shall be granted to any applicant unless the applicant
has paid to the Town any and all moneys, including inspection fees,
then due to the Town, for prior excavations made or for any loss,
damages or expense in any manner occasioned by or arising from the
work done by the applicant under the provisions of this Part.
4.
5.
Every applicant shall agree to indemnify and to save and hold harmless
the Town, its officers, employees, consultants and agents from any
and all costs, damages and liabilities which may accrue or be claimed
to accrue by reason of such work to be done by the applicant under
provisions of this section. The acceptance of any permit under this
section shall constitute such an agreement by the applicant whether
the same is expressed or not.
6.
Proof of insurance shall be filed with the Department, verifying
that the applicant is insured against claims for personal injury as
well as against claims for property damages which may arise from or
out of the performance of the excavation work, whether such performance
be by the applicant or anyone directly or indirectly employed by him.
Insurance certification shall list the Town and its inspection consultant
as additional insureds. Such insurance shall include protection against
liability arising from completed operations, underground utility damage
and collapse of any property. The maximum required liability insurance
limit for bodily injury shall be set by resolution of Town Council.
Failure of an applicant to file proper proof of insurance shall be
a sufficient reason for denying a permit. The applicant shall indemnify
and shall save and hold harmless the Town from any and all damages
and liability by reason of personal injury or property damage arising
from work done by the applicant under the provisions of this section.
[Ord. 771, 8/1/1994, § 5; as amended by Ord. 974,
5/9/2016; and by Ord. No. 1015, 10/26/2020]
When a bond is required, the following shall apply:
1.
A bond shall be secured by the applicant to cover the entire pavement
restoration. Such bond shall be issued by a reputable surety company
licensed to do business in the Commonwealth of Pennsylvania.
2.
The bond shall be in effect for a twenty-four-month period following the completion of the work, in accordance with § 21-116. The amount of the bond shall be based on a cost estimate prepared by the applicant and approved by the Town or its consultant.
3.
The applicant shall establish an escrow account with the Town to
cover inspection fees. The escrow shall be submitted at 5% of the
cost estimate required by this Part. The inspection fee will be held
by the Town Secretary in escrow. Upon satisfactory release of the
bond, any remaining escrow funds will be returned to the applicant.
[Ord. 771, 8/1/1994, § 6; as amended by Ord. 974,
5/9/2016; and by Ord. No. 1015, 10/26/2020]
1.
The permit fee, degradation fee, and inspection fee to accompany
the street excavation permit application shall be established by resolution
of Town Council, from time to time. The Town Secretary shall place
collected permit fees into the Town Street Maintenance Fund of the
General Fund.
2.
Any applicant who wishes to excavate a street, shall obtain a street
excavation permit to excavate a street for nonemergency purposes,
provided that a street degradation fee is paid in full prior to the
acquisition of the street excavation permit. The degradation fee is
defined as a fee paid by the permittee to the Town to defray a percentage
of the costs for repairs to streets resulting from the depreciation
of streets associated with street excavations. The degradation fee
may be waived for restoration completed in accordance with this Part.
[Ord. 771, 8/1/1994, § 7; as amended by Ord. No. 1015, 10/26/2020]
In all cases where a permit has been issued and the work set
forth in such permit has not been completed, the permit shall be canceled
with respect to the amount of work not completed and a portion of
the permit fee along with the inspection fee paid for the uncompleted
work shall be refunded without interest by the Town Secretary, upon
warrant properly drawn. The permit fee shall not be refunded upon
permit cancellation.
[Ord. 771, 8/1/1994, § 8]
1.
All street excavation permits are subject to revocation at any time
by the Town after written notice for:
[Amended by Ord. 974, 5/9/2016; and by Ord. No. 1015, 10/26/2020]
2.
Written notice of such violation shall be served upon the person
to whom the permit was granted, or his agent or employee engaged in
the work. Such notice shall also contain a brief statement of the
reasons for revoking such permit. Notice may be given either by personal
delivery thereof to the person to be notified or by United States
mail, addressed to such person to be notified.
3.
Upon revocation of the permit, a portion of the permit and inspection
fees will be refunded to the permittee for that portion of the project
not completed.
[Ord. 771, 9/1/1994, § 9; as amended by Ord. 974,
5/9/2016; and by Ord. No. 1015, 10/26/2020]
1.
Construction must commence within one month of the issuance date
of the street excavation permit; otherwise a new street excavation
permit must be obtained. Final pavement restoration must be completed
within one month of street opening.
2.
If any
permittee is unable to complete the street excavation work on or before
the date specified in the permit, the permittee shall file a written
application for an extension of time with the Public Works Department.
The written application shall be in letter form and shall thoroughly
explain the reasons for the extension of time plus the additional
length of time required. A fee to be established, from time to time,
by resolution of Town Council, shall accompany the application. This
fee shall defray the costs of processing and filing the application.
[Ord. 771, 8/1/1994, § 10; as amended by Ord. 974,
5/9/2016; and by Ord. No. 1015, 10/26/2020]
1.
The permittee
shall be responsible for backfilling and paving the excavation and
restoring the street surface to its original condition prior to the
street cut. The Town shall have the full authority to establish standards
for paving the backfilling materials and associated procedures. Details
specifying paving and backfilling procedures and materials shall be
in accordance with the Town of Bloomsburg Construction and Materials
Specifications.
2.
When a longitudinal excavation is longer than 100 linear feet in
the pavement, or when two or more transverse excavations have been
made within 50 linear feet of the pavement, the applicant shall:
[Amended by Ord. No. 1020, 3/22/2021]
A.
Restore the excavated trench in accordance with the Town of Bloomsburg
Construction and Material Specifications.
B.
Mill and overlay the travel lane in which the excavation was made,
from center line to edge of pavement, for the entire length (between
intersections, exclusive of alley intersections) of the street, alley,
or road that was excavated, or as otherwise approved by the Director
of the Public Works Department.
3.
When an excavation is made in a roadway that is less than five years old, the applicant shall restore the roadway pursuant to the provisions of Subsection 2.
[Amended by Ord. No. 1020, 3/22/2021[1]]
[1]
Editor's Note: This ordinance also repealed former Subsection
3, which provided that when two or more transverse excavations have
been made within 50 linear feet of the pavement, the applicant shall
restore the roadway pursuant to the provisions of this section, and
provided for the renumbering of former Subsection 4 as Subsection
3.
[Ord. 771, 8/1/1994, § 11; as amended by Ord. 974,
5/9/2016; and by Ord. No. 1015, 10/26/2020]
In case the work has not been completed before the date of expiration
as shown on the permit, which time shall be fixed when the permit
or time extension is granted, the Public Works Department may take
steps to backfill the trench and replace the street surface over the
excavation for which the permit has been issued upon proper notification
from the Department to the applicant. The Town shall invoice the permittee
for all costs incurred by the Town in the performance of this work.
Payment not made within 30 days will be chargeable against the posted
bond including all fees and costs involved in the collection of this
payment.
[Ord. 771, 8/1/1994, § 12; as amended by Ord. 974,
5/9/2016; and by Ord. No. 1015, 10/26/2020]
The Town is authorized to make such other rules and regulations
for the excavation of streets which is may deem necessary for the
proper maintenance of the street surface due to excavations.
[Ord. 771, 8/1/1994, § 13; as amended by Ord. 974,
5/9/2016; and by Ord. No. 1015, 10/26/2020]
A street excavation permit shall be obtained for any test hole
work. No test holes shall be made in or upon a greater surface of
the highway than as specified in such permit, and no excavation or
test holes shall interfere with any of the water pipes, sewers or
drains of the Town or any other underground utility service. Test
holes shall be backfilled in accordance with the provisions set by
the Director of the Public Works Department.
[Ord. 771, 8/1/1994, § 14]
1.
All gutters shall be left open so as not to obstruct the free passage
of water and the sidewalks and foot ways must be kept in a safe and
passable condition. All excavations or material from them shall have
placed upon them sufficient lights and barricades to identify them
from all directions during the day and after dark.
2.
If, for safety purposes, the Public Works Department deems it necessary
to install additional warning devices such as lights, barricades or
signs, the permittee shall be notified of the decision and shall receive
instructions on the installation. In case of emergencies, the Town
may install all additional warning devices deemed necessary by the
Department. The Town shall invoice the permittee for rental and installation
costs incurred from the date of installation until the permittee installs
warning devices.
[Amended by Ord. No. 1015, 10/26/2020]
3.
If the permittee fails to install such devices, the Town shall invoice
the permittee for rental and installation costs incurred from the
date of installation until the date of removal. Payment not made by
the permittee within 30 days of the invoice date will be chargeable
against the posted bond including all fees and costs involved in the
collection of this payment.
[Ord. 771, 8/1/1994, § 15; as amended by Ord. 974,
5/9/2016]
In no case shall a permittee excavate or remove a greater area
of street surface than specified in the original application. The
permittee shall not excavate any street at any location not specified
in the original street excavation permit. If the permittee determines
during construction that an additional area of the street will have
to be excavated, he shall notify and secure permission from the Department
of Public Works for the additional excavation. Upon receipt of permission,
the permittee shall file a supplementary application for the work
no later than the next work day. Fee amounts specified in this section
shall be followed for any subsequent fees associated with supplementary
applications.
[Ord. 771, 8/1/1994, § 16; as amended by Ord. No. 1015, 10/26/2020]
The permittee shall guarantee and maintain his work for 18 months
from the completion of the restoration and replacement work. Within
this eighteen-month period, upon notification from the Town of necessary
correction work required, the permittee shall correct or cause to
be corrected all restoration work required within 30 working days
of receipt of the notification. The Public Works Department shall
determine the extent of restoration required and the method of correction.
Any and all work not completed within this thirty-day period may be
completed by the Town at the discretion of the Director of the Public
Works Department. The Town shall invoice the permittee for all costs
incurred by the Town in performance of this work. Payment not made
within 30 days of the invoice date will be chargeable against the
posted bond including all fees and costs involved in the collection
of this payment.
[Ord. 771, 8/1/1994, § 17; as amended by Ord. 841,
12/19/2001; by Ord. 974, 5/9/2016; and by Ord. No. 1015, 10/26/2020]
Any person violating any provision of this Part shall, upon
conviction thereof in a summary proceeding, be sentenced to pay a
fine not exceeding $1,000, to be paid to the use of the Town of Bloomsburg,
together with costs of prosecution, or be imprisoned for not more
than 10 days, or both; provided, further, that each day that a violation
of this Part continues shall constitute a separate offense.
