[Adopted 8-11-1983 by Ord. No. 1433, approved 8-11-1983]
The following words and terms, when used in this article, shall have, unless the context clearly indicates otherwise, the following meanings:
408
PennDOT specifications form and all current supplements applicable to street occupancy.
ADJACENT AREA
The area surrounding the immediate area of the permitted work which can reasonably be assumed to have been affected by the permitted work.
BACKFILL
Material used to replace, or the act of replacing, material removed during construction.
BASE COURSE
The layer or layers of specified or selected material of designed thickness placed on a subbase or a subgrade to support a surface course.
BOROUGH OFFICE[1]
The office for the control of issuance of permits located at:
Borough of Carlisle
Public Works Department
53 West South Street
Carlisle, Pennsylvania 17013
BRIDGE
A structure, including supports, erected over a depression or an obstruction, as water, highway or railway, and having a track or passageway for carrying traffic or other moving loads and having an opening measured along the center of the roadway of more than 20 feet between supports.
CLEAR ROADSIDE AREA
The portion of right-of-way beyond the pavement edge within which no existing obstructions are located.
COMMONWEALTH
The Commonwealth of Pennsylvania.
CULVERT
Any structure under the roadway with an opening of 20 feet or less measured along the center of the roadway.
DETOUR
To send traffic by a circuitous route around a portion of a highway that has been closed in accordance with § 223-21F of this article (relating to traffic control plan) and § 223-25A(8) of this article (relating to traffic protection and maintenance).
EMERGENCY
An unforeseen occurrence or combination of circumstances which calls for immediate action or remedy.
EMERGENCY PERMIT CARD
Form used pursuant to § 223-24 of this article (relating to emergency work).
EQUIPMENT
All machinery and equipment, together with the necessary supplies for upkeep and maintenance, and also tools and apparatus necessary for the proper construction and completion of the work.
FLEXIBLE BASE PAVEMENT
A pavement structure which maintains intimate contact with and distributes loads to the subgrade and depends on aggregate interlock, particle friction and cohesion for stability.
FORM 408
The latest revision of highway construction specifications issued by the Pennsylvania Department of Transportation.
HIGH EARLY STRENGTH CONCRETE
Cement concrete meeting specifications set forth in Section 704.1(g), Form 408.
IMPROVED AREA
The area within the right-of-way which has been constructed for highway purposes, including roadbed, pavement, shoulders, slope, sidewalks, drainage facilities and any other appurtenances.
INSPECTOR
The Borough's authorized representative assigned to inspect permit operations.
PAVEMENT
The combination of subbase, base course and surface course placed on a subgrade to support the traffic load and distribute it to the roadbed.
PERMIT
A highway occupancy permit issued by the Borough Office pursuant to these regulations.
PERSON
Any natural person, firm, copartnership, association, corporation or political subdivision.
PLANS
Drawings which show the location, character and dimensions of the proposed occupancy and related highway features, including layouts, profiles, cross sections and other details.
PLOWING
Placing utility cables underground by means of a plow mechanism.
PRIVATE STATUS
The status of a utility's facilities, which are situated within the public right-of-way by agreement with the Borough, after the Borough condemned the utility's easement and did not provide a substitute right-of-way.[2]
PUBLICATION 72
A Pennsylvania Department of Transportation publication containing standards for roadway construction.[3]
PUBLICATION 203
A Pennsylvania Department of Transportation publication containing requirements for work area traffic control during highway maintenance operations and utility work.[4]
RIGHT-OF-WAY
The area which has been acquired by the Borough for highway purposes.
RIGID BASE PAVEMENT
A pavement structure which distributes loads to the subgrade having as one course a portland cement concrete slab of relatively high bending resistance.
ROAD
A road or bridge on the system of Borough roads and bridges, including the entire width between right-of-way lines, over which the Borough has assumed or has been legislatively given jurisdiction.
ROADBED
The graded portion of a highway within top and side slopes, prepared as a foundation for the pavement and shoulder.
ROADWAY
That portion of a highway improved, designed or ordinarily used for vehicular travel, exclusive of the sidewalk or shoulder.
SEAL COAT
A thin treatment consisting of bituminous or other approved material, usually with cover aggregate, applied to a surface course.
SHOULDER
The portion of the roadway, contiguous to the traffic lanes, for accommodation of stopped vehicles, for emergency use and for lateral support of base and surface courses and pavements.
SUBBASE
The layers of specified or selected material of designed thickness placed on a subgrade to support a base course.
SUBGRADE
The top surface of a roadbed upon which the pavement structure and shoulders, including curbs, are constructed.
SUITABLE MATERIAL
Material meeting specifications for No. 2 RC minimum as set forth in Section 677.2, Form 408.
SURFACE COURSE
One or more layers of a pavement structure designed to accommodate the traffic load, the top layer of which resists skidding, traffic abrasion and the disintegrating effects of climate. The top layer is sometimes called "wearing course."
TACK COAT
An application of bituminous material to an existing surface to provide bond with a superimposed course.
UTILITY
A person owning a utility facility, including any wholly owned or controlled subsidiary.
UTILITY FACILITY or FACILITY
All privately, publicly or cooperatively owned lines, facilities and systems for producing, transmitting or distributing communications, power, electricity, light, heat, gas, oil, crude products, water, steam, waste, stormwater and other similar commodities, including fire and police signal systems and streetlighting systems, which directly or indirectly serve the public or any part thereof.
VEHICLE
Every device which is or may be moved or drawn upon a road.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[2]
Editor's Note: The original definition of “Publication 43,” which immediately followed this definition, was deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[3]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[4]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
It is in the public interest to regulate the location and construction of utility facilities and other structures within Borough rights-of-way for the purpose of security, economy of maintenance, preservation of proper drainage and safe and convenient passage of traffic. Nothing contained herein is intended to relax existing safety requirements.
A. 
General rule. Except as provided in Subsection A(1), (2), (3) and (4) below, no work shall be performed within the right-of-way involving the placing of utility facilities or other structures or the opening of the surface without first obtaining a permit from the Borough. However, all work performed within the right-of-way shall conform to the provisions of Publication 203.[1]
(1) 
Emergency repairs of utility facilities may be performed by using an emergency permit card pursuant to § 223-24 of this article (relating to emergency work).
(2) 
Permit applications are not required for the placing of newspaper receptacles or mailboxes, although their location is subject to the maintenance requirements of the Borough.
(3) 
Permit applications are not required for stringing lines on non-limited-access highways.
(4) 
Permit applications are not required for accessing the utility facility through a manhole.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. 
Who may submit applications. Permit applications shall be submitted by and in the name of the owner of the utility facility.
C. 
Where to submit application. Permit applications shall be submitted to Borough Hall, 53 West South Street, Carlisle, Pennsylvania 17013, Attn: Public Works Department.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
D. 
Required application information. Permit applications:
(1) 
Shall be submitted in person.
(2) 
Shall be signed by the applicant.
(3) 
If requested, the applicant shall include five sets of plans, of a quality sufficient for xeroxing, detailing the location and pertinent dimensions of the opening, the proposed installation and related highway features.
(4) 
Shall be accompanied by a check or money order, payable to the Borough, in the appropriate amount, as set forth in § 223-22 of this article (relating to permit fees).
(5) 
Should be submitted to the Borough at least 30 days prior to the anticipated start of work.
E. 
Blasting bond. When the applicant anticipates that blasting operations will be necessary in order to perform the permitted work, an executed accompanying bond shall be submitted with the application, unless a blanket accompanying bond is on file with the Borough Office. The Borough shall determine the bond amount.[3]
[3]
Editor's Note: See also Ch 117, Explosives.
F. 
Traffic control plan. When the applicant anticipates that it will be necessary to close a portion of a road to vehicular traffic in order to perform the permitted work, the applicant shall submit a traffic control plan with the application for review and approval by the Borough Engineer prior to issuance of the permit.
G. 
Penalty for falsifying application. Information provided in applications must be accurate. Section 4904 of the Crimes Code of December 6, 1972 (P.L. 1482, No. 334) (18 Pa.C.S.A. § 4904), makes it a misdemeanor for a person to mislead a public servant in performing an official function by making any written false statement which the person does not believe to be true.
A. 
Permit issuance fees. Issuance fees are used to defray costs incurred by the Borough in reviewing and processing the application and plan(s), including the preliminary review of the site location identified in the application, and issuing and processing the permit. Permit issuance fees shall be as set forth in Chapter 120, Fees, as enacted and ordained, and as may be, from time to time, amended.
[Amended 2-15-1985 by Ord. No. 1470, approved 2-15-1985; 10-9-1986 by Ord. No. 1515, approved 10-9-1986]
B. 
General inspection fees. General inspection fees are used to defray costs incurred by the Borough in spot inspection(s) after the permitted work has been completed, to ensure compliance with the permit and these regulations. General inspection fees shall be as set forth in Chapter 120, Fees, as enacted and ordained, and as may be, from time to time, amended.
[Amended 2-15-1985 by Ord. No. 1470, approved 2-15-1985; 10-9-1986 by Ord. No. 1515, approved 10-9-1986]
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 local authorities.
(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 local authorities.
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 permittee shall be charged for all salary, overhead and expenses incurred by each assigned inspector and the Borough.
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 office on or before the original permit's expiration date.
(1) 
A refund processing fee as set forth in Chapter 120, Fees, as enacted and ordained, and as may be, from time to time, amended, will be deducted from the general permit inspection fees.
[Amended 6-11-1987 by Ord. No. 1540, approved 6-11-1987]
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.
[Amended 6-11-2020 by Ord. No. 2364, approved 6-11-2020]
A. 
General rule. Upon application duly made in accordance with these regulations, a permit will be issued by the Borough, subject to these regulations and the conditions contained on the permit and its attachments and supplements. The permit will be the applicant's authority to proceed with the work and will also serve as a receipt for the fees accompanying the application.
B. 
Requesting permit time extension. A permit is valid for a six-month period or multiples thereof as specified on the permit. If the permittee has not completed all authorized work by the completion date specified on the permit, an application shall be submitted requesting a time extension on the permit. If approved, a supplement will be issued by the Borough Office.
C. 
Work completion notification. When all permitted work has been completed, the self-addressed postcard which accompanies the permit shall be mailed to the Borough.
D. 
The applicant shall maintain the portion of the street disturbed by the opening or excavation for a period of one year from the date the restoration is completed and accepted by the Borough 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 Borough, prior to issuance of the permit, an approved financial security in an amount set by the Borough 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 Borough, keep on deposit a single financial security in an amount set by the Borough and applying to the work included in all of the permits at any time outstanding.
(1) 
If, within a period of one year from the date the backfilling is completed, the Borough 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 to the satisfaction of the Borough, the Borough 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 Borough in correcting such defects and for any penalty assessed as a result of the applicant's failure to take immediate corrective action.
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 normal business hours, Monday through Friday. Emergency work occurring at other times shall be reported to the Borough Office on the following workday.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(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:
(a) 
Date emergency work is started.
(b) 
Time emergency work is started.
(c) 
Location of emergency work site.
(d) 
Description of emergency work.
(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 the regulations as outlined in this specification.
B. 
Use of card. Each emergency permit card is valid for two years or 25 repairs, whichever occurs first.
(1) 
Emergency permit cards may be obtained by submitting an application to the Borough Office, listing thereon the number of emergency permit cards desired.
(2) 
The utility is responsible for assigning the proper emergency permit cards to its work crews.
(3) 
Each emergency permit card shall be returned to the Borough Office within 15 days after either the 25th emergency repair authorized by the card or two years from the card issuance date, whichever occurs first.
(4) 
Cards already in use on the effective date of these regulations shall expire after 25 emergency repairs or two years after said effective date, whichever occurs first.
A. 
The following conditions shall apply to permits issued under these regulations:
(1) 
Scope of permit The permit shall be binding upon the permittee, its agents, contractors, successors and assigns.
(a) 
The permittee shall be responsible for causing compliance with all terms and conditions of the permit by its agents, contractors and successors.
(b) 
The permit shall be located at the work site and shall be available for inspection by any police officer or representative of the Borough.
(c) 
The permit shall be maintained as a permanent record and remain in effect, subject to the permit conditions and these regulations, as long as the permittee's facilities authorized by the permit occupy the right-of-way.
(d) 
Responsibility for compliance with the terms of the permit cannot be assigned or transferred by the permittee without first obtaining approval from the Borough. In the event that a permit is assigned or transferred without first obtaining approval from the Borough, the assignment or transfer shall be null and void. The permit assigned or transferred shall also become null and void. Any facility installed under the authority of the said permit shall be subject to removal at the expense of the applicant to which the permit was issued and/or its assignees.
(e) 
The permittee shall be principally liable to the Borough for any failure to comply with the permit and these regulations. The principal liability of the permittee to the Borough shall not preclude the permittee from any subsequent action against its contractor, subcontractor, materialmen, engineer, architect or the like arising from the project.
(f) 
The permittee shall be the only party in interest in any action against the Borough before the Board of Appeals involving disputes arising from the permit.
(g) 
Disputes between the permittee and the Borough shall be governed by the decision of the Board of Appeals.[1]
[1]
Editor's Note: See Ch. 5, Appeals, Board of.
(2) 
Additional restrictions. All work authorized by the permit is subject to:
(a) 
All applicable laws, rules and regulations, including but not limited to,
[1] 
Act No. 247, approved October 26, 1972, P.L. 1017 (53 P.S. § 1611),[2] concerning environmental control measures related to pollution and the preservation of public natural resources.
[2]
Editor's Note: Said Act was repealed 5-15-1998 by P.L. 358, No. 57. See now 62 Pa.C.S.A. § 3301 et seq.
[2] 
Act No. 287, approved December 10, 1974, PL. 852, (73 P.S. § 176 et seq.), concerning protection of the public health and safety by preventing excavation or demolition work from damaging underground utility facilities.
[3] 
Unique circumstances and physical conditions may arise where alternate material or methods may be used. Except in emergency circumstances, an appeal to the Board of Appeals may be made by the applicant. (See Chapter 5, Appeals, Board of.)
[4] 
Occupational Safety and Health Administration construction safety and health regulations, 39 F.R. 22801, June 24, 1974, as published in the Federal Register (29 CFR 1926.1 et seq.).
[5] 
Title VI, Civil Rights Act of 1964 (23 U.S.C. §§ 140 and 315), as implemented by 39 CFR 1.48(B)24 (23 CFR 230.101 et seq.).
(b) 
Any rights of any person.
(c) 
The conditions, restrictions and provisions of the permit.
(3) 
Work to conform to Borough standards. The 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 all requirements and standards of the Borough. If at any time it shall be found by the Borough that the work is not being done or has not been performed properly, the permittee, upon being notified in writing by the Borough, 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 Borough's inspector, the Borough's inspector shall have the authority to suspend work until the question at issue can be referred to and be decided by the Borough Engineer.
(4) 
Permittee responsibilities.
(a) 
The permittee shall pay all costs and expenses incident to or arising from the project, including the prescribed fees for same, the cost of making and maintaining temporary restoration of the disturbed areas and making permanent restoration. The permittee shall reimburse the Borough for any and all inspection costs which the Borough may deem necessary to incur within 30 days after receipt of the Borough's invoice.
(b) 
In the event of failure or neglect by permittee to perform and comply with the permit or these regulations, the Borough may immediately revoke and annul the permit and order and direct the permittee to remove any or all structures, equipment or property belonging to the permittee and/or its contractors from the legal limits of the right-of-way and to restore the right-of-way to its former condition. In the event the Borough determines that such structures, equipment or property pose a threat to the public safety and the permittee fails to remove the same after notice from the Borough to do so, the permittee's attorneys or any attorney of any court of record shall be authorized to appear for the permittee and to enter an amicable action of ejectment and confess judgment against the permittee; and the attorney shall be authorized to issue forthwith a writ of possession with a clause of fi fa for costs, without leave of court.
(c) 
If work is stopped on a project for any reason, other than at the end of any normal workday, and any ditch or trench, in the opinion of the Borough, remains open for an unreasonable period, the permittee, if so directed, shall refill the ditch or trench and work shall not be resumed until the permittee is prepared to proceed immediately with the work to its completion. In the event the permittee fails to refill the ditch or trench or proceed until completion of the work upon notice from the Borough to do so, the Borough may perform the necessary and required work and shall be reimbursed for the costs by the permittee within 30 days after receipt of the Borough's invoice.
(d) 
If the permittee, after making an opening in the surface to place or repair a facility or for any other purpose, fails to restore any portion of the right-of-way to conform to this section (relating to general conditions), § 223-26 of this article (relating to special conditions, subsurface operations) and § 223-27 of this article (relating to special conditions, aboveground facilities) upon notice from the Borough to do so, the Borough reserves the right to do the work and the permittee shall reimburse the Borough for the costs within 30 days after receipt of the Borough's invoice.
(5) 
Altering vegetation prohibited. The permit does not authorize the permittee to cut, remove or destroy trees or shrubbery within the legal limits of the roadway. A tree trimming and tree removal permit is required from the Parks and Recreation Department for any alteration of roadside vegetation.
(6) 
Altering drainage prohibited.
(a) 
Unless specifically authorized by the permit, the permittee shall not:
[1] 
Alter the existing drainage pattern or the existing flow of drainage water.
[2] 
Direct additional drainage of surface water toward, onto or into or in any way affect the highway right-of-way or highway facilities.
(b) 
The permit does not authorize the permittee to direct, divert or otherwise drain surface waters over the property of any other property owner.
[1] 
The permit does not in any way relieve the permittee from acquiring the consent, permission or other authorization from any property owner which the Borough determines may be adversely affected by drainage alterations.
[2] 
The permittee is responsible for any damage caused to any property owners as a result of work done under the permit.
(7) 
Equipment damaging roadway.
(a) 
To protect the pavement and shoulders, all equipment shall have rubber wheels or runners and shall have rubber, wood or similar protective pads between the outriggers and the surface unless otherwise authorized by the permit.
(b) 
In the event that other than rubber-equipped machinery is authorized for use, the pavement and shoulders shall be protected by the use of matting, wood or other suitable protective material having a minimum thickness of four inches, unless the permit requires the permittee to repave the roadway full width.
(c) 
If the equipment damages the pavement or shoulders, the permittee shall restore the pavement or shoulders to their former condition, at the permittee's expense.
(8) 
Traffic protection and maintenance. Maintenance and protection of traffic shall be carried out in accordance with the requirements of the Pennsylvania Department of Transportation, as set forth in Publication No. 203.[3]
(a) 
The permittee shall provide and maintain all necessary precautions to prevent injury or damage to persons and property in accordance with instructions furnished by the district office. A traffic control plan shall be submitted to and approved by the Borough Engineer before detouring any traffic.
(b) 
Warning signs shall be placed in advance of the actual operation in such a manner as to be visible to the traveling public, and substantial barricades with adequate illumination shall be provided and maintained for any open trench or hole in the improved area.
(c) 
Designated employees shall be assigned by the permittee to direct one-lane traffic. Flagmen shall be provided as specified in the permit and in accordance with Publication No. 203.
[3]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(9) 
Roadways under construction. No permit application will be approved for occupancy of a section of right-of-way within which a roadway construction or reconstruction project is underway or, if a contract for such a project has been let, until the project is completed and accepted by the Borough, unless such applications are accompanied by a duly attested certificate signed by the contractor or other authority constructing the project, consenting to the applicant's proposed work within the right-of-way, together with a waiver, release and quitclaim to the Borough of all damages and all defenses whatsoever for delays by reason of such work and occupation of the right-of-way by the permittee or from any cause whatsoever resulting by reason of such work and occupation. The provisions of this subsection shall not apply:
(a) 
In case of emergency. In such case, the permittee shall procure the Borough's consent to do such work as may be deemed necessary to correct the existing emergency condition in accordance with § 223-24 of this article (relating to emergency work).
(b) 
Where the permittee has been authorized by the Borough to relocate or adjust its facilities simultaneously with such highway construction.
(10) 
Sharing facilities.
(a) 
Aboveground. Notwithstanding Subsection A(1)(d) of this section (relating to scope of permit), the permittee may authorize others to share and use the facility or facilities already authorized by a permit, on other than limited-access highways, provided that the permittee at all times shall:
[1] 
Require and be responsible for ensuring that all attachments by others to its facilities are in accordance with these regulations.
[2] 
Be liable and responsible for the attachments by others to the same extent as permittee's facilities.
[3] 
Enter into a written agreement with all others attaching to its facilities permitting such use and retain the written agreement for inspection by the Borough during normal working hours.
(b) 
Subsurface. The application shall identify any other utility's facility that will be sharing a trench or structure with the applicant's facilities.
(11) 
Indemnification. The permittee shall fully indemnify and save harmless and defend the Borough of and from all liability for damages or injury occurring to any person or persons or property through or in consequence of any act or omission of any contractor, agent, servant, employee or person engaged or employed in, about or upon the work by, at the instance or with the approval or consent of the permittee; from any failure of the permittee or any such person to comply with the permit or these regulations; and, for a period of two years after completion of the permitted work, from the failure of the highway in the immediate area of the work performed under the permit where there is no similar failure of the roadway beyond the area adjacent to the area of the permitted work.
(12) 
Insurance. The permittee shall, upon request submit to the district office a certificate or certificates of insurance for public liability and property damage, in form and amount satisfactory to the Borough, to cover any loss that may be incurred for or on account of any matter, cause or thing arising out of the construction, reconstruction, repair, relocation or installation of the permitted structures or facilities.
(13) 
Blasting. No predrilling or blasting shall be permitted within the right-of-way unless authorized by the permit.
(a) 
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 commonwealth will be saved harmless from any damages whatsoever to the improved area for a period of one year from the date of the completion of the last work covered by the permit.
(b) 
When blasting is anticipated within 100 feet of any bridge, box or culvert, water, sewer, or stormwater piping, a detailed plan of excavating, shoring, blasting and backfilling procedures shall be submitted, with the application, to the Borough Office for review and approval.
[Amended 6-11-2020 by Ord. No. 2364, approved 6-11-2020]
(c) 
No blasting shall be permitted if within 25 feet of the nearest part of a bridge, box or culvert, water, sewer, or stormwater piping.
[Amended 6-11-2020 by Ord. No. 2364, approved 6-11-2020]
(d) 
Only controlled blasting, as specified in Section 203.3(d), PennDOT Form 408, shall be permitted within the improved area.
(14) 
Maintaining structure or facility. As long as the permittee operates and leaves in place any structures or facilities in, upon or along the right-of-way, the permittee shall maintain and keep them in good order and repair.
(15) 
Damaged structure or facility to be repaired. If at any time the structure or facility shall become damaged from any cause whatsoever, the permittee shall have it removed, repaired or otherwise made safe immediately upon notification from the Borough.
(16) 
Damage to highway.
(a) 
If there is a failure of the highway, including slope or any other appurtenance thereto, in the immediate area of the permitted work within two years after the completion of the permitted work and there is no similar failure of the highway beyond the area adjacent to the area of the permitted work, the permittee shall have absolute responsibility to make all temporary and permanent restoration, including restoration of the adjacent area if it has also failed.
(b) 
If there is a failure of the highway, including slope or any other appurtenance thereto, in the area adjacent to the immediate area of the permitted work within two years after the completion of the permitted work and there is no similar failure of the highway in the area of the permitted work or beyond the area adjacent to the area of the permitted work, it shall be presumed that the work done by the permittee was the proximate cause of the failure and the permittee shall be responsible to make all temporary and permanent restoration unless the presumption is rebutted by clear and convincing evidence.
(c) 
If there is a failure of the highway, including slope or any other appurtenance thereto, in the immediate area of the permitted work which occurs more than two years after the completion of the permitted work and there is no similar failure of the highway beyond the area adjacent to the area of the permitted work, it shall be presumed that the work done by the permittee was the proximate cause of the failure and the permittee shall be responsible to make all temporary and permanent restoration, including any failure of the adjacent area if it has also failed, unless the presumption is rebutted by clear and convincing evidence.
(d) 
If there is a failure of the highway, including slope or any other appurtenance thereto, in the area adjacent to the immediate area of the permitted work which occurs more than two years after the completion of the permitted work, the permittee shall be responsible to make all temporary and permanent restoration if the permitted work was the proximate cause of the failure.
(e) 
Consequential damages. If the permitted work is the proximate cause of damage to the highway, including slope or any other appurtenance thereto, beyond the adjacent area, the permittee shall be responsible for all remedial work and shall make all temporary and permanent restoration.
(f) 
Where the permittee has the responsibility to restore the highway, including slope or any other appurtenance thereto, under any of the above subsections, including instances where a presumption of responsibility has not been rebutted, the permittee shall have the duty to restore the improved area in accordance with the permit. If the permittee fails to restore the improved area properly, the Borough shall have the authority to do the work at the permittee's expense. The permittee shall reimburse the Borough for the costs within 30 days after receipt of the Borough's invoice.
(17) 
Future roadway changes. If at any time in the future the roadway is altered for public convenience or necessity, the permittee shall, at its own cost and expense, change or relocate all or any part of the structures or facilities authorized by the permit which interfere with such roadway alterations or which are inconsistent with the purpose of the roadway alterations.
B. 
Approval by inspector. Approval by the Borough's inspector of all or part of any permitted work shall not constitute acknowledgment that the work was performed in accordance with the permit, nor shall such approval of the inspector act as a release of the permittee or waiver by the Borough of its right to seek performance or restitution from the permittee.
[Amended 3-10-2005 by Ord. No. 2032, approved 3-10-2005; 8-11-2016 by Ord. No. 2251, approved 8-11-2016]
A. 
Drilling, boring, driving or tunneling across improved area.
(1) 
When crossing under any improved area, the opening for a utility facility shall be drilled, bored or driven on a horizontal plane at a minimum depth of three feet below the surface of the highway and its swale ditches.
(a) 
The facility may be placed otherwise by tunneling when specified in the permit. When tunneling, after the facility is placed, the hole shall be backfilled with one-to-three-to-six concrete of dry consistency and tamped.
(b) 
Wet boring is prohibited.
(2) 
No openings for the purpose of placing utility facilities or other structures under the improved area by drilling, boring, driving or tunneling shall be made closer than three feet to the edge of the roadway unless the permit authorizes a lesser clearance.
(3) 
Facilities and other structures crossing under the improved area shall be constructed so as to assure the safety of the traveling public and to preclude the necessity of entering upon the improved area to affect future maintenance or replacement.
B. 
Trenching across improved area.
(1) 
No trenching shall be permitted across the improved area unless authorized by the permit.
(2) 
Trenching across the improved area may be authorized by the permit where other methods of installation are not considered feasible by the Borough Engineer because:
(a) 
The subsurface is solid rock.
(b) 
There are other facilities located longitudinally under the improved area and their location precludes methods other than trenching.
(c) 
Adjacent development in a very congested urban area makes the construction of a tunneling or boring shaft impossible.
(3) 
When trenching is specified in the permit, the trenching operation shall be performed by one of the following methods:
(a) 
Utility facility placed in one piece across highway.
[1] 
Traffic shall be routed over 1/2 of the pavement width. The contractor shall place notification signs for temporary parking restrictions needed, if any, at least 24 hours before beginning work. Notification signs shall contain language approved by the Borough Engineer.
[2] 
The closed half of the pavement shall be opened to the required depth and bridged with steel plates.
[3] 
Traffic shall be shifted to the bridged half of the pavement.
[4] 
The remaining half of the pavement shall be opened to the required depth.
[5] 
The facility shall be placed full width.
[6] 
The open trench shall be backfilled and restored half-width in accordance with this section (relating to special conditions for subsurface operations).
[7] 
Traffic shall be shifted to the restored half of the pavement.
[8] 
The bridging shall be removed, and the remaining half of the trench shall be backfilled and restored in accordance with this section (relating to special conditions for subsurface operations).
(b) 
Utility facility placed in more than one piece across highway.
[1] 
Traffic shall be routed over 1/2 of the pavement width. The contractor shall place notification signs for temporary parking restrictions needed, if any, at least 24 hours before beginning work. Notification signs shall contain language approved by the Borough Engineer.
[2] 
The closed half of the pavement shall be opened to the required depth, the facility placed and the trench backfilled and restored in accordance with this section (relating to special conditions for subsurface operations).
[3] 
Traffic shall be shifted to the restored half of the pavement.
[4] 
The remaining half of the pavement shall be opened to the required depth, the facility placed and the trench backfilled and restored in accordance with this section (relating to special conditions for subsurface operations).
C. 
Trench openings parallel to highway.
(1) 
Trench openings for utility facilities and other structures shall be made so that the near edge of the opening is at least three feet outside the edge of the roadway, unless the permit authorizes a lesser clearance, with a minimum depth of three feet from the surface to the top of the facility.
(2) 
On an unpaved highway, the near edge of the trench opening shall be at least 12 feet from the general center line of the traveled highway or as authorized in Subsection C(1) above. The center line shall be determined by the Borough Office.
(3) 
No trench opening shall be made for a distance of more than 200 feet at any one time unless authorized by the permit. In addition, no more than 40 feet of trench shall be left open on the shoulder of a highway at the end of any workday unless authorized by the permit.
D. 
Except for emergency repairs of utility facilities, work shall not take place during peak traffic hours. 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.
E. 
Plowing operations.
(1) 
No plowing shall be permitted within the right-of-way unless authorized by the permit.
(2) 
Plowing operations will be authorized only in unpaved shoulders.
(3) 
Plowing operations are not allowed from November through March, inclusive, unless authorized by the permit.
(4) 
No plowing shall be permitted within three feet from the edge of the roadway. A greater distance shall be attained wherever possible.
(5) 
The opening shall be a minimum depth of three feet. If this depth cannot be consistently maintained, the proper depth shall be achieved by trenching.
(6) 
The utility facility shall be installed under any structures that are less than three feet deep. All disturbed structures shall be repaired or replaced by the permittee.
(7) 
The disturbed area shall be restored in conjunction with the plowing operation. If heaving occurs, the disturbed area shall be reshaped, backfilled with No. 2RC and compacted until the disturbed area is restored to a condition equal to that which existed before plowing.
F. 
Disposition of materials.
(1) 
The permittee shall keep the improved area free of all material which may be deposited by vehicles traveling upon or entering onto the roadway during the performance of work authorized by the permit.
(2) 
The permittee shall be responsible for controlling dust conditions created by its own operations.
(3) 
All excess material and material that is not suitable for backfill shall be promptly removed from the public right-of-way and disposed of properly as the work progresses.
(4) 
All retained material to be stockpiled for pending placement shall be stored in a location and manner which will not interfere with traffic or cause deleterious effects to stormwater flow or quality.
G. 
Backfilling. All openings made in the improved area shall be backfilled by the permittee in accordance with the following minimum standards:
(1) 
Approved bedding material may be placed around and over the utility facility at a height not to exceed eight inches above the top of the facility and compacted in not more than four-inch layers.
(2) 
The opening shall then be backfilled with 2A or 2RC aggregate compacted throughout its full width. Backfill height is limited to eight inches maximum per lift when using vibratory compaction equipment or an excavator-mounted hydraulic plate compactor or four-inch maximum layers for other compaction methods.
[Amended 6-11-2020 by Ord. No. 2364, approved 6-11-2020]
(3) 
Compaction shall be completed to the bottom elevation of the existing pavement to a density consistent with the provisions of PennDOT Publication 408 specifications. Compaction testing shall be performed by nuclear gauge, by nonmovement, or by another PennDOT-approved method. Testing is required on all nonemergency permitted openings in pavement, paved shoulder or sidewalk. A minimum of one test per lift per day is required. No backfill compaction testing is required during emergency repairs, openings less than 36 square feet and/or if approved flowable backfill material is utilized.
[Amended 6-11-2020 by Ord. No. 2364, approved 6-11-2020]
(4) 
The Borough may require the permittee to have material used for backfill tested for conformance to PennDOT Form 408.
(5) 
The Borough reserves the right to require placement of approved flowable fill material instead of 2A or 2RC backfill material if deemed appropriate and essential to the best interests of the Borough. Also, as an alternative to temporary restoration requirements, the contractor may request permission to use flowable fill and to perform permanent restoration without waiting 90 or more days. (When required or permitted, flowable fill shall be placed at a depth no greater than eight inches above the utility facility and shall extend to a height equal to the bottom of the adjoining pavement or 6.5 inches below the finished street grade, whichever is lower.)
H. 
Restoration of flexible base pavements.
(1) 
Temporary restoration. Following placement and full compaction of the 2A or 2RC aggregate, and prior to opening the roadway to traffic, the trench must be filled with approved roadway material to an elevation which is level with the adjoining roadway. The surface of the trench must be on a consistent plane, and must not contain dips, humps or other irregularities. This material must be kept in place for a minimum of 90 days and must be replaced with approved permanent restoration material within 180 days. The trench must provide a smooth riding surface at all times. The contractor shall bear full responsibility and liability for harm to persons or property caused by incidents related to the condition of the trench, and will be required to immediately improve unacceptable conditions within 24 hours after receiving notice by Carlisle Borough. If the contractor fails to perform remedial work as directed, the Borough may restore the trench and bill the contractor for cost incurred plus an administrative fee of 15%. Approved materials for temporary restoration will include 2A or 2RC aggregate base placed and compacted to within three inches of the surface and at least three inches of hot mix, warm mix, or cold-patch bituminous road material.
(2) 
Permanent restoration. Within a time frame of 90 days to 180 days after placement of the backfill material, the contractor must restore the trench in the following manner:
(a) 
Saw-cut the existing roadway in a neat straight line at least 12 inches beyond each edge of the trench to a depth equal to the existing pavement.
(b) 
Remove and dispose of all material within the saw cuts to a depth of 6.5 inches or to the depth of the adjacent pavement, whichever is greater.
(c) 
Compact subgrade, then place and compact a minimum of five inches of hot mix asphalt (HMA) or warm mix asphalt (WMA) Superpave asphalt base 25 mm mix or approved ID-2 base substitute.
(d) 
Place and compact a minimum of 1.5 inches of HMA or WMA Superpave asphalt wearing course 9.5 mm or 12.5 mm mix, or approved ID-2 wearing substitute.
(e) 
Hot seal all edges at a six-inch width with approved sealant material.
(f) 
Paint the month and year of restoration in accordance with utility color-coding at least six inches in height.
(g) 
Restore all pavement markings destroyed by the street opening.
(3) 
Alternate permanent restoration when flowable fill is placed in lieu of 2A or 2RC aggregate backfill. After flowable fill has cured to acceptable strength, the contractor may proceed with the following permanent restoration steps:
(a) 
Saw-cut adjoining roadway in a neat straight line at least 12 inches beyond each edge of trench to a depth equal to the existing pavement.
(b) 
Remove and dispose of material between edges of trench and the saw cuts to a depth of 6.5 inches or to the depth of the adjacent pavement, whichever is greater.
(c) 
Compact subgrade adjacent to flowable fill, then place and compact a minimum of five inches of HMA or WMA Superpave asphalt 25 mm mix or approved ID-2 substitute base material.
(d) 
Place and compact a minimum of 1.5 inches of HMA or WMA Superpave asphalt wearing course, 9.5 mm or 12.5 mm mix, or approved ID-2 wearing substitute.
(e) 
Hot seal all edges at a six-inch width with approved sealant material.
(f) 
Paint the month and year of restoration in accordance with utility color-coding at least six inches in height.
(g) 
Restore all pavement markings destroyed by the street opening.
I. 
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 four 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 certified 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 PennDOT 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.
(b) 
Surface restoration of a cement concrete pavement which has a bituminous surface shall be done in accordance with Subsection H(1) of this section.
J. 
Shoulder and parking lane restoration. All provisions for subsurface restoration on travel lanes shall apply to subsurface restoration in shoulders or parking lanes of Borough streets.
K. 
Additional restoration requirements.
[Amended 6-11-2020 by Ord. No. 2364, approved 6-11-2020]
(1) 
If the permittee opens the pavement and the wearing course is less than five years old, the permittee shall, in addition to the minimum restoration conditions outlined herein, mill and overlay the pavement in accordance with the following conditions:
(a) 
When a longitudinal opening is longer than 10 feet in the pavement, the permittee shall mill and overlay the lane in which the opening was made from the curb or edge of pavement to the road center line for the entire length of road that was opened.
(b) 
When two or more trench openings are made in the road pavement less than 100 feet apart, the permittee shall mill and overlay all lanes from the curb or edge of pavement to the road center line in which the openings were made for the entire length of road between such openings.
(2) 
Regardless of the age of the wearing course, when deemed integral to the long-term road maintenance objectives of the Borough, additional surface restoration shall be required between multiple cuts and/or adjacent to utility cuts in order to restore the road surface within the limits of work to a contiguous and smooth condition. Expanded surface restoration requirements will be in addition to all other applicable requirements for subsurface operations and shall not be cause for waiver of any such applicable requirements. In these cases, the additional surface restoration will consist of removing the existing wearing surface by milling or other approved method and repaving approved wearing course at a depth of 1.5 inches. The Borough Engineer may increase the requirements if perceived as necessary. Conditions which will require additional restoration requirements include but are not limited to:
(a) 
Cuts within four feet of each other: Combine cuts into a single surface restoration area.
(b) 
A cut within three feet of a curbline, whether or not a curb is present: Extend wearing surface restoration to the curbline.
(c) 
A cut or multiple cuts which have a width equal to or greater than 50% of width of the travel lane, parking lane (parking lanes shall be considered to be eight feet wide) or shoulder: Extend surface restoration to cover the full width of the travel lane, parking lane and shoulder.
(d) 
Four or more utility cuts within 100 linear feet: Surface restoration shall be combined into a single surface restoration area for the entire length of the travel lane that was opened. Mill and pave areas between the cuts to create a contiguous wearing surface restoration area which traverses the entire length of the applicable segment. Widen restoration to include the entire travel lane.
(e) 
One hundred feet or more of longitudinal or traverse openings, or both, are made: Mill and pave areas of and between the cuts to create a contiguous wearing surface restoration area which traverses the entire length of the applicable segment. Widen restoration to include the entire travel lane.
(f) 
Any cut on a street which was paved within the past two years: Flowable fill will be required in lieu of 2A or 2RC backfill material.
L. 
Modified restoration requirements in advance of roadwork.
(1) 
The Borough Engineer may waive additional roadway restoration requirements or may modify standard restoration requirements in cases where extensive utility upgrade work is being conducted in advance of and in conjunction with scheduled Borough road maintenance activities.
(2) 
Approved flowable fill material will be required when work is performed less than 90 days before scheduled Borough paving.
M. 
Appurtenances to underground installations.
(1) 
The top of every manhole, valve box or other access to the facility shall be at the same elevation as the surface in which it is located.
(2) 
The surface surrounding manholes or valve covers located in shoulders shall be paved in such a manner as to prevent washouts.
A. 
General rule. Permits will not be issued to install aboveground facilities at locations which the Borough determines to have a high accident potential.
B. 
Location of aboveground facilities.
(1) 
New poles, guys and other aboveground facilities shall be installed outside the roadway's clear roadside area as near the right-of-way line as practicable.
(2) 
Installation of poles, guys and other aboveground facilities in locations where highway curb exists shall be placed off the roadway but as close to curb as possible.
C. 
Location of wires, cables or conductors. All wires, cables or conductors which overhang any portion of the right-of-way shall be placed so as to provide a minimum vertical clearance of 18 feet over the roadway except where the National Electrical Safety Code requires vertical clearances in excess of 18 feet due to voltage and/or span lengths.
D. 
Guys.
(1) 
Guys shall be placed so as to avoid interference with vehicular or pedestrian traffic.
(2) 
Guys shall be insulated or grounded in compliance with the National Electrical Safety Code.
E. 
Identification of poles. Each pole shall bear the name or initials of the facility owner and the pole number(s) assigned by the facility owner.
Any violation of these regulations shall constitute grounds for imposition of any or all of the following penalties:
A. 
Upon receipt of oral or written notice of any violation(s) from the Borough's authorized representative or a police officer whose jurisdiction includes the permitted work area, 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 violation(s) has been remedied. Where the permittee has received oral notice of the violation(s), written notice shall be sent to the permittee within 10 days of receipt of the oral notice.
B. 
Confiscation of the applicant's permit or emergency permit card by any police officer or authorized representative of the Borough.
C. 
Revocation of the applicant's permit or emergency permit card by the Borough.
D. 
Removal of facilities installed without a permit or in violation of any provision of this article.
E. 
Any person violating any provision of this article, for each and every such violation, upon conviction thereof, shall be sentenced to pay a fine of not more than $1,000 and costs of prosecution, and, in default of payment of such fine and costs, to undergo imprisonment for not more than 30 days.
F. 
Such other action as may be deemed necessary or proper after consultation with the office of the Borough Solicitor.