[Adopted 4-12-2012 by Ord. No. 1464]
Permit applications to the Borough of West View shall comply
with the following:
A.
Shall be submitted in person or by mail on a form provided by the
Borough of West View. Additionally, all of the provisions of Pennsylvania
One Call shall be strictly adhered to, and the applicant shall insure
that the Borough is also directly put on notice as to any activity
involving its streets, roads and rights-of-way.
B.
Shall be signed by the applicant.
C.
Shall include two sets of plans detailing the location and pertinent
dimensions of the opening, the proposed installation and related highway
features.
D.
Shall be accompanied by a check or money order payable to the Borough
of West View in the amount of $1,500 minimum, or in lieu, any utility
which is regulated by the PUC may post a $10,000 annual bond with
the Borough.
E.
That such application shall be submitted to the Borough at least
30 days prior to the anticipated start of the work; provided, nevertheless,
that in cases of emergency, such application shall be submitted as
soon as shall be practicable, but in no event later than five days
from the occurrence of the emergency. Work as to permanent restoration
after emergency repairs shall be completed within 10 days of the emergency
repairs and shall be inspected by the Borough.
F.
The appropriate Borough official shall examine and determine the
completeness of each application, and may reject any application if
said official is not satisfied with the information provided.
G.
Upon approval by the Borough, a permit shall be issued, including
a permit placard. The placard shall be retained by the permittee and
shall be posted and displayed in a prominent location at all times
at the work site for the entire work period.
H.
Not more than 200 linear feet shall be opened in any street at any
time.
Issuance fees in an amount necessary to defray the costs incurred
by the Borough in reviewing and processing applications and plans,
including the preliminary review of the site location identified in
the application, and issuing and processing the permit shall be as
established from time to time by Borough Council.
The applicant shall be required to execute and deliver unto
the Borough an agreement, or its performance and labor and materials
payment bond(s) with approved surety, or both, as a prerequisite to
the issuance of any such permit, in an amount to be determined by
the appropriate issuing Borough official, the amount of which shall
equal the estimated cost of the work, for the purpose of indemnifying
the Borough for any costs, damages or expenses incurred or estimated
as the result of the restoration of such Borough street and right-of-way
which is the subject of said application. Upon completion of restoration,
the applicant shall be required to execute and deliver to the Borough
an agreement or its maintenance bond with an approved surety, or both,
as its guarantee and warranty against defects regarding said restoration
for a period of two years from the date of acceptance by the Borough
of said restoration work.
Any applicant or permittee shall be required to restore a Borough
road or street to the same condition as it was prior to entry thereon
by the permittee in accordance with regulations promulgated by the
Borough of West View. The estimate of such restoration shall be set
forth in detail on the permit issued by the Borough of West View.
The permittee shall be required to repair the excavation by
cutting back and resurfacing at least one foot on each side of the
street opening in each direction, and the bond referred to herein
shall include the cost of such restoration; provided, nevertheless,
that the foregoing shall include restoration of Borough maintained
streets. All work shall be done at such time and in such manner as
shall be consistent with the safety of the public, and shall conform
to requirements and standards of the Borough of West View. If, at
any time, it shall be determined by the appropriate official of the
Borough that the work is not being done or has not been properly performed,
the permittee, upon being notified in writing by said official, shall
immediately take the necessary steps, at its own expense, to place
the work in condition to conform to such requirements or standards.
In case any dispute arises between the permittee and the aforementioned
appropriate Borough official, the Borough shall have the authority
to suspend work until the question at issue is resolved.
A.
Requirements for openings parallel to a roadway or right-of-way are
as follows:
(1)
A utility facility shall be placed outside the pavement and shoulder
unless there is no feasible space outside the pavement and shoulder
for placing the facility, in which case occupancy within the pavement
or shoulder may be authorized by the permit.
(2)
The top of a utility facility shall be installed at least three feet
beneath the surface.
(3)
On an unpaved road, the near edge of the opening shall be at least 12 feet from the general center line of the traveled highway or as authorized in Subsection A(1).
(4)
No opening may be made for more than 200 linear feet at one time,
unless authorized by the permit.
(5)
The permittee shall protect its opening to provide for the safety
of the traveling public, including motorists, bicyclists and pedestrians.
(6)
The permittee shall be required to maintain the flow of traffic within
the affected work area at all times, and shall be required to provide
all necessary signage, flaggers and any other items necessary for
traffic control in accordance with PennDOT requirements. No road closures
shall be permitted at any time without written permission from the
Borough. The permittee shall be required to provide acceptable and
adequate notification to all affected properties not less than 72
hours prior to the commencement of any construction activities, except
in the event of an emergency, at which such notification shall be
given as timely as possible and with the full knowledge and concurrence
of the Borough.
(7)
The permittee shall store materials and equipment only at the location(s)
approved and acceptable to the Borough. The permittee shall obtain
Borough approval not less than five business days prior to the commencement
of work and shall not deliver any materials or equipment to the Borough
without said approval.
B.
Daily stoppage of work requirements. Daily stoppage of work requirements
shall include the following:
(1)
Except for emergency repairs of utility facilities, work within the
pavement or shoulder shall be stopped prior to peak traffic hours
that may exist on a particular roadway on a particular day and as
specified in the permit.
(2)
At the end of each workday, an opening in the right-of-way shall
be one of the following:
(a)
Covered with steel plates or bridging over openings which are
less than six feet either length or width. 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.
(b)
Backfilled to the bottom elevation of the pavement or base course,
or to the original surface elevation if outside the pavement and shoulder,
and protected under an approved traffic control plan until the surface
is restored to its former condition.
(3)
The permittee shall protect its openings to provide for safety of
the traveling public, including motorists, bicyclists and pedestrians.
A.
Any person who shall open or excavate any improved street in the
Borough shall thoroughly and completely backfill the opening or excavation,
mechanically compact same so as to prevent any settling thereafter
as it was before the opening or excavation, to the same surface and
base materials, line and grade as it was before the opening or excavation;
as restored, the surface and base shall conform to the line and grade
and be of the same materials as that of the undisturbed existing adjacent
surfaces and bases.
B.
An opening shall be backfilled by the permittee in accordance with
the following:
(1)
The opening may first be backfilled with fine aggregate materials,
meeting applicable Pennsylvania Department of Transportation standards,
or standards as promulgated by the Borough from time to time, and
placed to a height not to exceed one foot over the top of the facility
if the material is compacted in not more than four-inch loose layers
or as authorized by the Borough. To help protect its facility from
future excavations, the permittee shall place a permanent ribbon at
least one foot above its facility. If the facility is nonmetallic,
the permittee shall place a metallic ribbon at a depth from which
the ribbon can be sensed by typical metal locating instruments.
(2)
The opening shall then be backfilled with select granular material,
unless retained suitable materials are authorized by the Borough or
other coarse aggregate material specified in the permit. Select granular
material or other aggregate material will be required for use as backfill
of openings in pavements, paved shoulders and improved shoulders as
well as unimproved shoulders within three feet of the edge of pavement.
Retained suitable material will normally be authorized for use as
backfill of openings outside shoulders and in unimproved shoulders
more than three feet outside the edge of pavement and up to within
three feet of the surface.
(3)
Backfill shall be compacted as follows:
(a)
General rule. Except as provided in Subsection B(2), backfill material shall be placed in loose layers not to exceed eight inches if vibratory compaction equipment is used or authorized. Each layer shall be thoroughly compacted to preclude subsidence.
(b)
Compaction outside pavement and shoulders. At least 15 days
prior to the start of work, the applicant may submit its written compaction
plan to the Borough office requesting backfill in an opening outside
the pavement and shoulder to be placed in layers thicker than eight
inches prior to compaction. The compaction plan shall include full
details of equipment, materials and work methods as well as the permittee's
acknowledgment of its obligation and commitment to regularly monitor
the restored surface until two years after the acknowledged completion
date of the permitted work and to promptly correct failure or subsidence
of the roadway. The Borough may condition its approval of a compaction
plan on the execution of a bond if a part of the opening is within
the improved area.
(c)
Existing pavement elevation. Compaction shall be completed to
the bottom elevation of the existing pavement.
(4)
The Borough may require the permittee to have material proposed for
use as backfill and compacted material tested, at the expense of the
permittee.
A.
On improved streets a temporary pavement consisting of bituminous
cold patch material, not less than three inches compacted depth, shall
be installed flush with the surface of the existing undisturbed pavement
and shall be maintained until permanent restoration has been completed.
On unimproved streets, compacted 2-A stone material, not less than
three inches compacted depth, shall be installed and maintained until
permanent restoration has been completed.
B.
On streets or alleys that have been improved within a period of five
years or less from the date of the utility disturbance, the contractor
shall be required to mill the existing pavement surface between the
outside edges of pavement (curbline to curbline) of the existing pavement
and to a point not less than two feet beyond the limits of the opening.
Trench restoration shall be the same as that described for bituminous
pavement, excepting that the entire area shall receive a 1 1/2
inch compacted depth overlay of superpave 9.5 mm wearing material.
C.
Permanent restoration shall be performed and completed as soon thereafter
as the utility work has been completed, but in no instance shall permanent
restoration be completed any longer than three months from the official
date of said completion, except as may be necessitated by winter weather
conditions and as approved by the Borough. Failure to comply shall
result in the penalties as set forth elsewhere herein. Permanent restoration
shall meet the following requirements:
(1)
Bitumous pavement restoration shall consist of the following:
(a)
Saw one foot outside the initial excavation and remove temporary
paving and base to a depth of 7 1/2 inches below the existing
finished surface and furnish and install the following:
[1]
Thoroughly compact subgrade.
[2]
Place three-inch compacted depth of a 2-A modified stone base.
[3]
Place three-inch compacted depth of 19.0 mm superpave binder
material.
[4]
Place 1 1/2 inch compact depth of 9.5 mm superpave wearing
material.
[5]
Immediately following paving operations hand mop and seal all
edges where new pavement meets existing surfaces with AC-20 sealing
material.
(b)
When four or greater consecutive openings occur at one time
(within a twelve-consecutive-month period) within one half of any
street [from the center line to the outside edge of pavement (curbline)]
the contractor shall be required to perform the following additional
work:
[1]
Mill the existing pavement surface from the center line to the outside
edge (curbline) of the existing pavement and to a point not less than
two feet beyond the limits of the farthest openings.
[2]
Trench restoration shall be the same as that described for bituminous
pavement, excepting that the entire area shall receive a 1 1/2
inch compacted depth overlay of superpave 9.5 mm wearing material.
(c)
When four or greater openings occur within one block between
outside edges of pavement (curbline to curbline), within a twelve-consecutive-month
period, the contractor shall be required to perform the following
additional work:
[1]
Mill the existing pavement surface between the outside edges
of pavement (curbline to curbline) of the existing pavement and to
a point not less than two feet beyond the limits of the farthest openings.
[2]
Trench restoration shall be the same as that described for bituminous
pavement, excepting that the entire area shall receive a 1 1/2
inch compacted depth overlay of superpave 9.5 mm wearing material.
(2)
Where concrete curb is to be restored, the contractor shall saw out
and remove affected curb to the next undisturbed expansion or contraction
joint, shall place 1/2 inch premolded expansion joint material and
install medium depth eighteen-inch plain cement curb to match width
and reveal of the adjacent existing undisturbed curb. Concrete shall
be 4,000 p.s.i. air entrained. All new finished concrete surfaces
shall be treated with BASF Enviroseal 40 or equivalent.
(3)
Where concrete sidewalk is to be restored, the contractor shall excavate
and remove existing affected sidewalk to the next undisturbed expansion
or contraction joint, shall saw cut smooth and replace full slabs.
Specifications shall include three-inch minimum depth of compacted
cinders or crushed stone subbase and five-inch thickness of 4,000
p.s.i. air entrained concrete, with No. 6/6 gauge welded wire fabric,
1/2 inch premolded expansion joints where new concrete construction
meets existing construction and placed at thirty feet center to center,
with contraction joints at ten feet center to center. All new finished
concrete surfaces shall be treated with BASF Enviroseal 40 or equivalent.
(4)
Additional restoration shall be required as follows:
(a)
If disturbed lanes adjacent to undisturbed lanes are overlaid,
the edge of the disturbed lanes shall be saw cut or milled to a depth
of 1 1/2 inches or the depth of the existing surface course,
whichever is less, for the length of the opening to insure a smooth
joint, with proper elevation and cross sections. A full width overlay
may be authorized on various roadways instead of saw cutting or milling
the disturbed land.
(b)
Restored openings in the pavement or paved shoulder shall be
sealed in the case of bituminous concrete or in the case of cement
concrete.
A.
Any person, firm or corporation violating any of the provisions of
this article, upon conviction thereof before a Magisterial District
Judge, shall be sentenced to pay a fine of $600 plus the costs of
prosecution and, in default of payment of said fine and costs, to
a term of imprisonment not to exceed 30 days.
B.
In addition, the proper authorities of the Borough of West View may
institute any appropriate action or proceeding to prevent violations
of the provisions of this article, or of any permit issued by the
Borough. Upon receipt of oral or written notice of any violations
from the proper Borough official, the permittee shall cease to perform
any further work in the permitted area, except to restore the area
to a safe condition. No further work shall commence in the permitted
area until the violations have been remedied. Where the permittee
has received oral notice of the violation, written notice shall be
sent to the permittee within 10 days of receipt of the oral notice.
In addition, the proper official of the Borough may revoke the
applicant's permit; provided, nevertheless, that the applicant
shall have the right to appeal such revocation within five days of
receipt of notice of such revocation to Borough Council.
