[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:
PennDOT specifications form and all current supplements applicable
to street occupancy.
The area surrounding the immediate area of the permitted
work which can reasonably be assumed to have been affected by the
permitted work.
Material used to replace, or the act of replacing, material
removed during construction.
The layer or layers of specified or selected material of
designed thickness placed on a subbase or a subgrade to support a
surface course.
The office for the control of issuance of permits located
at:
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Borough of Carlisle
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Public Works Department
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53 West South Street
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Carlisle, Pennsylvania 17013
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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.
The portion of right-of-way beyond the pavement edge within
which no existing obstructions are located.
The Commonwealth of Pennsylvania.
Any structure under the roadway with an opening of 20 feet
or less measured along the center of the roadway.
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).
An unforeseen occurrence or combination of circumstances
which calls for immediate action or remedy.
Form used pursuant to § 223-24 of this article (relating to emergency work).
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.
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.
The latest revision of highway construction specifications
issued by the Pennsylvania Department of Transportation.
Cement concrete meeting specifications set forth in Section
704.1(g), Form 408.
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.
The Borough's authorized representative assigned to inspect
permit operations.
The combination of subbase, base course and surface course
placed on a subgrade to support the traffic load and distribute it
to the roadbed.
A highway occupancy permit issued by the Borough Office pursuant
to these regulations.
Any natural person, firm, copartnership, association, corporation
or political subdivision.
Drawings which show the location, character and dimensions
of the proposed occupancy and related highway features, including
layouts, profiles, cross sections and other details.
Placing utility cables underground by means of a plow mechanism.
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]
A Pennsylvania Department of Transportation publication containing
standards for roadway construction.[3]
A Pennsylvania Department of Transportation publication containing
requirements for work area traffic control during highway maintenance
operations and utility work.[4]
The area which has been acquired by the Borough for highway
purposes.
A pavement structure which distributes loads to the subgrade
having as one course a portland cement concrete slab of relatively
high bending resistance.
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.
The graded portion of a highway within top and side slopes,
prepared as a foundation for the pavement and shoulder.
That portion of a highway improved, designed or ordinarily
used for vehicular travel, exclusive of the sidewalk or shoulder.
A thin treatment consisting of bituminous or other approved
material, usually with cover aggregate, applied to a surface course.
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.
The layers of specified or selected material of designed
thickness placed on a subgrade to support a base course.
The top surface of a roadbed upon which the pavement structure
and shoulders, including curbs, are constructed.
Material meeting specifications for No. 2 RC minimum as set
forth in Section 677.2, Form 408.
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."
An application of bituminous material to an existing surface
to provide bond with a superimposed course.
A person owning a utility facility, including any wholly
owned or controlled subsidiary.
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.
Every device which is or may be moved or drawn upon a road.
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.
B.
Who may submit applications. Permit applications shall
be submitted by and in the name of the owner of the utility facility.
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.
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]
(2)
Prior to opening the surface or placing utility facilities
within the right-of-way, the utility work crew shall enter the following
information on the emergency permit card in legible handwriting, using
indelible ink:
(3)
The completed, original emergency permit card shall
be located at the work site and shall be available for inspection
by any police officer or representative of the Borough. Reproduced
copies of the original card are not valid.
(4)
A permit shall be applied for within 15 days to confirm
and set forth in detail any work performed. The application number
shall then be entered on the emergency permit card by the applicant.
(5)
All work performed under authority of an emergency
permit card shall conform to 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.
(2)
Additional restrictions. All work authorized by the
permit is subject to:
(a)
All applicable laws, rules and regulations,
including but not limited to,
[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.
(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.
(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.
(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:
(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.
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.
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.
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.
All permit records, restoration records and
emergency work records shall be made available for examination by
the Borough upon request.
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.
