[Adopted 1-20-2015 by Ord. No. 2-2015[1]]
[1]
Editor's Note: This ordinance also repealed former Art. III,
Street Excavations, adopted 3-1-1983 by Ord. No. 1-1983, as amended.
This article shall be known and may be cited as the "Borough
of Kutztown Street Occupancy Ordinance."
The following words and phrases, when used in this article,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
The area surrounding the immediate area of the permitted
work can reasonably be assumed to have been affected by the permitted
work.
The person or entity filing an application under this article
for a permit. Once a permit has been issued, the applicant, or his
assignee if the assignment of the permit shall have been approved
by the Borough Manager, shall be deemed the "permittee."
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 Borough of Kutztown, Berks County, Pennsylvania.
The Borough Council of the Borough of Kutztown, Berks County,
Pennsylvania.
The corporate official appointed by the Borough Council as
the Borough Manager or such official's properly designated representative.
A street under the jurisdiction of the Borough.
A structure, including supports, erected over a depression
or an obstruction, such as water, a street 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 cartway of more
than 20 feet between supports.
That portion of a street improved, designed or ordinarily
used for vehicular travel, exclusive of the sidewalk or shoulder.
The portion of right-of-way beyond the pavement edge within
which no existing obstructions are located.
Any structure under the cartway with an opening of 20 feet
or less measured along the center of the cartway.
A publication containing PennDOT's utility relocation and
accommodation policies, including any amendment thereto and any substitution
or replacement thereof.
An unforeseen occurrence or combination of circumstances
which calls for immediate action or remedy.
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.
Includes all privately, publicly or cooperatively owned lines
and systems for producing, transmitting or distributing communications,
electricity, heat, gas, oil, crude products, water, steam, waste and
other similar commodities which directly or indirectly serve the public
and all appurtenances and attachments thereto.
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.
A publication containing PennDOT's highway construction specifications,
including any amendment thereto and any substitution or replacement
thereof.
The area within the right-of-way which has been constructed
for street 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.
The Pennsylvania Department of Transportation.
A street occupancy permit issued by the Borough pursuant
to this article.
See definition of "applicant" above.
Any natural person, firm, copartnership, association, corporation
or political subdivision.
Placing utility cables underground by means of a plow mechanism.
A PennDOT publication containing requirements for work area
traffic control during highway maintenance operations and utility
work, including any amendment thereto and any substitution or replacement
thereof.
The area between the right-of-way lines of a street.
A pavement structure which distributes loads to the subgrade,
having as one course a portland cement concrete slab of relatively
high bending resistance.
PennDOT Publication No. 72, containing design standards for
roadway construction, including any amendment thereto and any substitution
or replacement thereof.
The portion of the cartway, contiguous to the traffic lanes,
for accommodation of stopped vehicles, for emergency use for lateral
support of base and surface courses and pavements.
A strip of land, including the entire right-of-way, open
to vehicular use by the public. The term "street" shall include street,
avenue, boulevard, road, highway, freeway, parkway, lane, alley or
viaduct.
Any material or a combination of materials which is constructed
or erected, the use of which requires location on or beneath the ground
or attachment to something located on or beneath the ground.
A person owning a utility facility, including any wholly
owned or controlled subsidiary, and including any plumber or any other
contractor hired or engaged by the owner.
A.
It shall be unlawful for any person, including any municipal authority
created by the Borough, except any department of the Borough, to perform
any work, including opening or excavation in or under any Borough
street, unless and until a permit therefor shall be secured from the
Borough for each separate undertaking. All work performed within the
right-of-way shall conform to the provisions of PennDOT Publication
213. Notwithstanding the aforesaid, a permit shall not be required
in the following instances:
(1)
Emergency repairs of utility facilities may be performed by using an emergency permit card pursuant to § 192-15 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 accessing the utility facility
through a manhole.
B.
The Borough Manager or any duly authorized agent of the Borough may
prohibit any work being done without a proper permit or contrary to
the terms thereof.
A.
Application for permit. Application, in writing, shall be made to
the Borough at the Borough Substation, 105 Railroad Street, Kutztown,
PA 19530, or at such other address as Borough Council may from time
to time designate by resolution, on the appropriate form and signed
by the person making the proposed street opening or excavation, setting
out the location of the proposed work, opening or excavation, the
size thereof and the purpose therefore. The person making and signing
said application shall comply with all the provisions of this section
as hereinafter set forth.
B.
Issuance of permits. Permits will only be issued to utilities.
C.
Time extension. A permit is valid for a one-year period 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.
D.
Extension of permit scope. Whenever the excavation, opening or trench
exceeds the size set forth in the application, an amendment to the
permit must be secured within 48 hours to cover such extra excavation,
opening or trench.
E.
Filing fee and certificates of insurance. The application shall be accompanied by a filing fee as established from time to time by appropriate resolution duly adopted by the Borough Council. In addition, a certificate of insurance covering the utility which will be making the excavation opening or trench shall also be submitted as set forth in § 192-16L of this article before the permit is issued.
F.
Deposit and bonding. Except for public utility corporations operating
under a franchise covering an area in whole or in part within the
Borough, the application shall be accompanied by a deposit or bond
with a surety that is licensed to transact such business in the Commonwealth
of Pennsylvania in double deposit amount to cover the cost of temporary
and permanent restoration and to cover the cost of all inspections
made by the Borough Inspector or Manager within the improved area
of the right-of-way of the street resulting from the permitted work
in the event that the Borough shall make said restoration. The Borough
may, at its option, permit the applicant to make said restorations,
but a deposit or bond in double the deposit amount shall nevertheless
accompany the application as a guaranty that said restorations will
be made. In either event, the amount of the deposit or bond shall
be established by the Borough Manager.
G.
Bonding of public utilities.
(1)
Public utility corporations operating under a franchise covering
an area located in whole or in part within the Borough shall have
on file with the Borough a bond in the amount of $10,000 or as may
from time to time be established by resolution of Borough Council
with a surety that is licensed to transact such business in the Commonwealth
of Pennsylvania, which bond shall be renewed annually, covering the
cost of temporary and permanent restoration and covering the cost
of all inspections made by the Borough Inspector, professional consultant
or Borough Public Works Superintendent pertaining to all openings
or excavations made or to be made in a calendar year or shall furnish
a bond in the amount determined by the Borough Manager covering the
aforesaid costs pertaining to proposed openings or excavation set
out in the application. The aforesaid bonds shall have either corporate
surety or other surety approved by the Borough Solicitor and shall
be conditioned to indemnify the Borough in the event of any loss,
liability or damage that may result or accrue from or be due to the
making, existence or manner of guarding or constructing any such opening
or excavation during the term of said bond.
(2)
Said bonds shall be approved or disapproved by the Borough Solicitor.
The bond shall then be filed with the Borough Manager.
H.
Municipal exemption. Any municipal authority created by the Borough shall be exempt from filing the permit fees, deposits and bonds and from the inspection requirements of Subsections E, F, G and K of this section. Any department of the Borough shall be exempt from all regulations and requirements of this article.
I.
Blasting bond and preblast inspections. When the applicant anticipates that blasting operations will be necessary in order to perform the permitted work, an executed blasting bond shall be submitted with the application as set forth in § 192-16M of this article. The Borough Manager shall determine the amount of the blasting bond. In addition, the Borough Manager shall also determine the need for preblast inspections of structures or facilities which may be affected by the permitted work. Costs for said inspections shall be borne by the applicant.
J.
Traffic control plan. The applicant must submit a traffic control
plan in accordance with PennDOT Publication 213 with the application
for review and approval by the Borough Manager and Police Department
prior to issuance of the permit. The Traffic Control Plan must be
in accordance with PennDOT Publication 213, Work Zone Traffic Control
Guidelines.
K.
Additional inspection fees. If the Borough Manager determines that
the permitted work is of sufficient magnitude or importance to warrant
assignment of one or more Borough inspectors to inspect the permitted
work on a more than spot-inspection basis, the applicant shall be
charged for all salary, overhead and expenses incurred by each assigned
inspector and the Borough Manager or Public Works Superintendent.
The Fee Schedule shall be established by Borough resolution.
L.
Authorization to begin work. Upon application duly made in accordance
with the regulations set forth in this article, a permit will be issued
by the Borough Manager or Public Works Superintendent subject to this
article 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.
M.
Work completion notification. When all permitted work has been completed,
the Borough Manager or Public Works Superintendent shall be notified
within 48 hours of the completion of all work.
N.
Additional deposits and fees. Should the costs of restorations and/or
inspections completed by the Borough exceed the amount of the deposit
or bond, the applicant shall, upon written notification by the Borough,
immediately reimburse the Borough for any portion of the costs associated
with making said inspections, consultant's fee and/or restorations
not covered by the deposit or bond.
O.
Return of deposit or bond. When the Borough permits the applicant to make the restorations in accordance with the requirements of § 192-17 of this article, the Borough shall, within 45 days of written notification of completion of final restoration, return the portion of the deposit or bond, other than the bond of a public utility corporation set forth in Subsection G above, which was being held as a guaranty for the performance of said restorations.
P.
Bore holes. Bore holes will be considered street cuts and a restoration
charge of $5 will be levied for each bore hole made. A permit will
be required for each bore hole grouping. The permittee shall plug
or seal bore holes in a manner and with materials approved by the
Borough to the street surface within 30 days of boring. If the applicant
does not plug or seal these holes within the given time, the Borough
reserves the right to take any steps deemed necessary to repair the
street, and the associated costs shall then be paid by the permittee.
Q.
Ahead-of-paving permit. Permits for street cuts performed in advance
of the Borough scheduled street improvements at the same location,
where the required work is completed in accordance with a schedule
approved by the Engineer and the Borough Public Works Superintendent,
will be issued at no charge. A detailed construction plan must accompany
each application for an "ahead-of-paving permit." Excavation, backfilling
and temporary street cut restoration will be performed by the permittee
at his/her cost as directed by the Engineer of the Borough and the
Public Works Superintendent. By August 30 of each year, the Borough
shall provide all utilities operating in the Borough of Kutztown with
a list of all road projects proposed by Borough Council during the
succeeding calendar year.
A.
Permit administration procedure. 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 shall immediately notify the Borough substation by telephone
when the necessity for an emergency repair occurs.
(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 hereinafter provided for
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 representative
of the Borough. Reproduced copies of the original card are not valid.
(4)
A regular permit shall be applied for within five 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 the authority of an emergency permit card shall conform to the regulations set forth in this article, including without limitation those regulations set forth in § 192-16 of this article (relating to general conditions), § 192-17 of this article (relating to special conditions - subsurface operations) and § 192-18 of this article (relating to special conditions - aboveground facilities).
B.
Use of card. Each emergency permit card is valid for two years or
25 emergency repairs, whichever occurs first.
(1)
Emergency permit cards may be obtained by a utility by letter of
request addressed to the Borough Manager listing thereon the number
of emergency permit cards desired. The fee for such cards shall be
set by resolution of Borough Council.
(2)
The holder of emergency permit cards is responsible for assigning
the proper emergency permit cards to its work crews.
(3)
Each emergency permit card shall be returned to the Borough within
15 days after either the 25th emergency repair authorized by the card,
or two years from the card issuance date, whichever occurs first.
The following conditions shall apply to permits issued pursuant to § 192-14 of this article:
A.
Scope of permit. The permit shall be binding upon the permittee,
its agents, contractors, successors and assigns.
(1)
The permittee shall be responsible for causing compliance with all
terms and conditions of the permit by its agents, contractors and
successors.
(2)
The permit shall be located at the work site and shall be available
for inspection by any representative of the Borough authorized to
inspect permits.
(3)
The permit shall be maintained as a permanent record and remain in
effect, subject to the permit conditions and regulations set forth
in this article, as long as the facilities authorized by the permit
occupy the right-of-way.
(4)
Responsibility for compliance with the terms of the permit cannot
be assigned or transferred by the permittee without first obtaining
approval from the Borough Manager or Public Works Superintendent.
Any facility installed under the authority of said permit shall be
subject to removal or relocation at the expense of the permittee.
B.
Additional restrictions. All work authorized by the permit is subject
to:
(1)
All applicable federal, state and Borough laws, ordinances, rules
and regulations, including, but not limited to:
(a)
Act No. 247, approved October 26, 1972 (P.L. 1017) (53 P.S.
§ 1611), as amended, concerning environmental control measures
related to pollution and the preservation of public natural resources.
(b)
Act No. 287, approved December 10, 1974 (P.L. 852) (73 P.S.
§ 176 et seq.), or as amended by PA Act 121 of 2008, concerning
protection of the public health and safety by preventing excavation
or demolition work from damaging underground utility facilities.
(c)
Occupational Safety and Health Administration (OSHA) construction
safety and health regulations, 39 FR 22801, June 24, 1974, as published
in the Federal Register (29 CFR 1926.1 et seq.) or as amended.
(2)
Any rights of any person.
(3)
The conditions, restrictions and provisions of the permit.
C.
Borough standards.
(1)
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 properly performed, the permittee, upon being notified 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.
(2)
Whenever any requirement or standard of the Borough is superseded
by a requirement or standard of the federal government or of the Commonwealth
of Pennsylvania, the requirement or standard of the federal government
or of the Commonwealth of Pennsylvania, as applicable, shall apply.
D.
Permittee responsibilities.
(1)
The permittee shall be responsible for all costs and expenses incident
to or arising from the permitted work, including the prescribed fees
for the 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 related
to the permitted work which the Borough may deem it necessary to incur
within 30 days after receipt of the Borough's invoice.
(2)
In the event of failure or neglect by the permittee to perform and
comply with the permit, the approved traffic control plan, or the
regulations set forth in this article, 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
that 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, 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 Prothonotary shall be authorized to issue forthwith
a writ of possession with costs, without leave of court.
(3)
If work is stopped on a project for any reason, other than at the
end of any normal workday, and any excavations or openings, in the
opinion of the Borough, remain open for an unreasonable period, the
permittee, if so directed, shall refill the excavations or openings,
and work shall not be resumed until the permittee is prepared to proceed
immediately with the work to its completion. In the event that the
permittee fails to refill the excavations or openings 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 all costs including, but not subject to, traffic control, consultant
fees, police protection, etc., by the permittee within 30 days after
receipt of the Borough's invoice.
(4)
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 § 192-16 of this article (relating to general conditions), § 192-17 of this article (relating to special conditions - subsurface operations) and § 192-18 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.
E.
Altering vegetation prohibited. This permit does not authorize the
permittee to cut, remove or destroy trees or shrubbery within the
right-of-way unless specifically noted on the permit.
F.
Altering drainage prohibited.
(2)
The issuance of a permit does not authorize the permittee to direct,
divert or otherwise drain surface waters over the property of any
other property owner.
(a)
The issuance of a permit does not in any way relieve the permittee
from acquiring the consent, permission or other authorization from
any property owner who may be adversely affected by drainage alterations.
(b)
The permittee is responsible for any damage caused to any private
or public property as a result of work done under the permit.
G.
Equipment damage to street.
(1)
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.
(2)
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.
(3)
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.
H.
Traffic protection and maintenance. Maintenance and protection of
traffic shall be in accordance with the requirements of PennDOT as
set forth in Publication No. 213.
(1)
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 Borough Manager or Public Works
Superintendent. A traffic control plan in accordance with PennDOT
Publication 213 shall be submitted to the Borough Manager or Public
Works Superintendent and approved by the Borough Manager or Public
Works Superintendent and Police Department and a permit is issued
before detouring any traffic.
(2)
Work zone traffic control 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 excavations or openings in the
improved area in accordance with PennDOT Publication No. 213.
(3)
Designated employees of the permittee shall be assigned by the permittee
to direct one-lane traffic and lane closures as approved by the Borough.
Flagmen shall be provided as specified in the permit and in accordance
with PennDOT Publication 213.
I.
Streets under construction. No permit application will be approved
for occupancy of a section of right-of-way within which a street 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. The provisions of this subsection shall not apply:
(1)
In case of emergency, in which case the permittee shall procure the consent of the Borough's Manager or Public Works Superintendent to do such work as may be deemed necessary to correct the existing emergency condition in accordance with § 192-15 of this article (relating to emergency work); or
(2)
Where the permittee has been authorized by the Borough to relocate
or adjust its facilities simultaneously with such street construction.
J.
Sharing facilities.
(1)
Subsurface. The application shall identify any other utility's facility
that will be sharing a trench or structure with the applicant's facilities.
K.
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 or employee
of the permittee or other 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 the regulations set forth in this article;
and from the failure, during the two-year period after completion
of the permitted work, of the street in the immediate area of the
work performed under the permit where there is no similar failure
of the street beyond the area adjacent to the area of the permitted
work.
L.
Insurance. The permittee shall submit to the Borough a certificate
or certificates of insurance for public liability and property damage,
in form and amount satisfactory to the Borough, or as adopted by Borough
Council 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.
M.
Blasting. No predrilling or blasting shall be permitted within the
right-of-way, unless authorized by the permit.
(1)
If the permittee proposes to blast, the permittee shall make, execute
and deliver a bond to the Borough in an amount determined by the Borough
Manager with surety by a company duly registered and authorized to
do business in the Commonwealth of Pennsylvania, conditioned that
the Borough will be saved harmless from any damages whatsoever to
the improved area and all other private and public property for a
period of one year from the date of the completion of the last work
covered by the permit.
(2)
When blasting is anticipated within 100 feet of any building or structure,
a detailed plan of excavating, shoring, blasting and backfilling procedures
shall be submitted with the application to the Borough for review
and approval. The Borough Manager may require preblast inspections
to be made of all structures or facilities which in his opinion may
be affected by the permitted work.
(3)
Only controlled blasting, as specified in Section 203.3, PennDOT
Form 408, latest edition shall be permitted within the improved area.
N.
Maintaining structure or facility. As long as the permittee operates
and leaves in place any structure or facility in, upon or along the
right-of-way, the permittee shall maintain and keep it in good order
and repair.
O.
Damaged structure or facility. 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.
P.
Damage to street.
(1)
If there is a failure of the street, including slope or any other
appurtenance thereto, in the immediate area of the permitted work
within two years after completion of the permitted work and there
is no similar failure of the street 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.
(2)
If there is a failure of the street, 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 street 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.
(3)
Where the permittee has the responsibility to restore the street,
including slope or any other appurtenance thereto, under any of the
above provisions, 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 original 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.
Q.
Future street changes. If at any time in the future the street in
which a permitted structure or facility is installed or constructed
is altered for public convenience or necessity, the owner of the facility
shall, at its own cost and expense, change or relocate all or any
part of the structure or facility authorized by the permit which interferes
with such street alterations or which is inconsistent with the purpose
of the street alterations.
R.
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
form the permittee.
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 street 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. Such facilities shall comply
with applicable provisions of PennDOT Design Manual, Part 5.
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 drilling, boring, driving or tunneling are not feasible 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.
(d)
The Borough Manager determines that the disruption to traffic
and length of exposure will be minimal.
(3)
When trenching is specified in the permit and the utility facility
is to be placed across the street in one piece, the trenching operation
shall be performed by the following:
(a)
Traffic shall be routed over 1/2 the pavement width.
(b)
The closed half of the pavement shall be opened to the required
depth and bridged with steel plates.
(c)
Traffic shall be shifted to the bridged half of the pavement.
(d)
The remaining half of the pavement shall be opened to the required
depth.
(e)
The facility shall be placed full width.
(f)
The open trench shall be backfilled and restored half-width
in accordance with this section (relating to special conditions -
subsurface operations).
(g)
Traffic shall be shifted to the restored half of the pavement.
(h)
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 - subsurface operations).
(i)
Traffic control must be in accordance with PennDOT Publication
213.
C.
Installation while street closed. If the Borough Manager or Public
Works Superintendent determines that the duration of trenching operation
can be minimized to allow a temporary closing of the street, the entire
cartway may be opened to install the facility. Permission to do so
must be stated on the permit.
D.
Trench openings parallel to street.
(1)
Trench openings for utility facilities and other structures shall
be made so that the near edge of the openings is at least three feet
outside the edge of the cartway, 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 a paved street, the near edge of the trench opening shall be at least 12 feet from the general center line of the traveled street, or as authorized in Subsection I of this section.
(3)
No trench opening shall be left open 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 street at the end of any workday, unless authorized by the permit.
E.
Plates or bridging required. Except for emergency repairs of utility
facilities or as set forth on the permit, work shall be stopped prior
to peak traffic hours that exist on a particular street on a particular
day. Steel plates or bridging shall be placed over all openings made
within the improved area which are less than six feet in either length
or width when work is stopped. The plates or bridging shall be extended
a minimum of 18 inches from each edge of the opening and shall be
secured in a safe manner.
F.
Plowing installation of utility facilities.
(1)
No plowing shall be permitted with 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 with three feet from the edge of the
cartway. 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 PennDOT 2A aggregate and compacted until the disturbed
area is restored to a condition equal to that which existed before
plowing.
G.
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 street
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 removed and disposed of outside the right-of-way as the work
progresses.
(4)
All retained suitable material shall be placed or stored on the side
of the operation farthest from traffic, unless otherwise authorized
by the permit, and in such a manner that there will be no interference
with the flow of water in any gutter, drain, pipe, culvert, ditch
or waterway.
H.
Backfilling. All openings made in the cartway or in paved shoulders
shall be backfilled by the permittee in accordance with the following
minimum standards:
(1)
The opening shall be backfilled with PennDOT 2A aggregate material,
compacted in not more than six-inch layers, with approved vibratory
compaction equipment.
(2)
Compaction shall be completed to the bottom elevation of the existing
pavement.
(3)
Temporary or permanent restoration shall be placed at the end of
each working day.
(4)
Flowable fill is an acceptable backfill material and shall be in
accordance with PennDOT Publication 408, Section 220.
I.
Restoration of flexible base pavements. Base and surface restoration
of flexile base pavements shall be done in accordance with one of
the two methods listed below, as specified in the permit.
(1)
High early strength concrete restoration method. (To be used when
permanent restoration is made upon completion of backfill.) Prior
to replacement of the base course, one foot from each edge of the
trench shall be sawed or cut, in a neat straight line, to the bottom
elevation of the existing base course, and the detached material shall
be removed. Drilling shall not be permitted.
(a)
The base course shall be replaced with a minimum of eight-inch
high early strength concrete to the elevation of the existing crushed
aggregate base course. The high early strength concrete shall then
be cured in accordance with Section 501.3, PennDOT Form 408. If a
trench exceeds four feet in width, No. 6 reinforcing bars shall be
installed in the concrete base course, placed at six-inch centers
measured longitudinally in the direction of the trench, with a two-inch
clearance on each end and a three-inch clearance on the bottom.
(b)
Following the concrete curing, a tack coat shall be applied
in accordance with Section 460, PennDOT Publication 408.
(c)
After the tack coat has cured, Superpave Asphalt Mixture Design,
HMA, bituminous binder and/or wearing course shall be placed so as
to conform to the existing pavement of depths binder and wearing courses,
but in no case shall the wearing surface be less than 1 1/2 inches,
in accordance with detail as noted in Appendix.
(d)
The edges of the repair shall be sealed with rubberized asphalt
for the surface course for a width of 12 inches centered on the repair
joint in accordance with PennDOT Publication 408, Section 469.
(2)
Ninety-day temporary and permanent restoration method. (To be used
when temporary restoration is made followed by a minimum ninety-day
settlement period.)
(a)
Temporary restoration. Temporary restoration shall be made and kept in place for a minimum of 90 days after backfilling the trench. The PennDOT 2A aggregate backfill material shall be placed in accordance with Subsection H of this section with a surface of a two-inch minimum depth compacted PennDOT approval bituminous material.
(b)
Permanent restoration.
[1]
After the minimum ninety-day period, but before 210 days, the
temporary restoration shall be removed and permanent restoration made.
[2]
Prior to making the permanent restoration, one foot from each
edge of the trench shall be sawed or cut, in a neat, straight line,
to the bottom elevation of the existing base course, and the detached
material shall be removed. Drilling shall not be permitted. Exposed
vertical and horizontal surfaces shall be prepared as per PennDOT
Publication 408, Section 409.
[3]
The permanent base course shall consist of Superpave Asphalt
Mixture Design, HMA, 25.0 mm, PG64-22 base course meeting the requirements
of Section 305, PennDOT Form 408, and have a minimum depth of five
inches or a depth equal to the existing base course, whichever is
greater. If required, the permanent binder course shall consist of
Superpave Asphalt Mixture Design, HMA, 19.0 mm PG 64-22 binder course
and be placed in accordance with the depths of the existing binder
course, but in no case shall the binder course be less than 2 1/2
inches.
[4]
The permanent surface course shall consist of Superpave Asphalt
Mixture Design, HMA, 9-5 mm, PG 64-22 wearing course and be placed
in accordance with the depths of the existing bituminous surface,
but in no case shall the wearing course be less than 1 1/2 inches.
The appropriate skid resistance level (SRL) and ESAL rating should
be used for all PennDOT bituminous asphalt mix design materials.
[5]
The edge of the repair shall be sealed with rubberized asphalt
material for a width of 12 inches centered on the repair joint in
accordance with PennDOT Form 408, Section 469.
J.
Temporary and permanent restoration of plain or reinforced cement
concrete pavements.
(1)
Upon completion of the trench backfill, the PennDOT 2A aggregate shall be placed in accordance with Subsection H of this section with a surface of a minimum two-inch compacted PennDOT approved bituminous material. Permanent restoration can be made at any time prior to the expiration of 210 days from the backfilling of the trench. If permanent restoration is completed immediately after backfilling, temporary restoration is not required.
(2)
Prior to replacement of the base, one foot from each edge of the
trench shall be sawed or cut, in a neat, straight line, to a depth
of at least three inches, and the detached material shall be removed.
Drilling shall not be permitted where sawing or cutting is required.
(a)
The replacement base shall consist of high early strength concrete
equal in depth to the original concrete pavement.
(b)
On existing reinforced cement concrete pavements, reinforcing
steel and expansion tie bolts shall be placed in accordance with PennDOT
Roadway Construction Standard RC-26, latest addition.
(c)
The surface shall be restored as follows:
[1]
The surface shall be cured in accordance with Section 501 of
PennDOT Publication 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 of PennDOT
Publication 408.
[3]
The edge of the repair shall be sealed with rubberized asphalt
material for the surface course for a width of 12 inches centered
on the repair joint in accordance with PennDOT Form 408, Section 469.
K.
Shoulder restoration.
(1)
Paved and stabilized shoulders.
(a)
Temporary restoration. Temporary restoration shall be made and kept in place for a minimum of 90 days after backfilling the trench. The PennDOT 2A aggregate backfill material shall be placed in accordance with Subsection H, or any substitution or replacement thereof, of this section with a surface of a minimum two-inch compacted PennDOT approved bituminous material.
(b)
Permanent restoration.
[1]
After the minimum ninety-day period, but before 210 days, the
temporary restoration shall be removed and permanent restoration shall
be made.
[2]
Prior to making the permanent restoration, one foot from each
edge of the trench shall be sawed or cut, in a neat, straight line,
to the bottom elevation of the existing base course, and the detached
materials shall be removed. Drilling shall not be permitted. Exposed
vertical and horizontal surfaces shall be prepared per PennDOT Publication
408, Section 409.
[3]
Paved and stabilized shoulders shall be reconstructed and restored
to a serviceable condition, of the same type as existed before the
start of work.
(2)
Unpaved shoulders.
(a)
Retained material which complies with Section 206.2, PennDOT
Publication 408, may be used for backfill, up to within 18 inches
of final grade. The final 18 inches of backfill shall consist of PennDOT
2A aggregate material. The width of the shoulder shall be no less
than four feet.
(b)
If the length of the facility exceeds 50 feet, the shoulder
shall be graded, rolled and penetrated with a bituminous surface treatment
shall be constructed in accordance with PennDOT Publication 408, Section
480.
L.
Appurtenances to underground installations.
M.
Additional restoration.
(1)
All disturbed portions of the street, including all appurtenances
and structures, such as guardrail or drainpipes, shall be restored
to a condition equal to or better than that which existed before the
start of any work authorized by the permit.
(2)
If the permittee opens the street pavement, whether to install a
new facility or to modify an existing facility or for any reason,
and the wearing course is less than five years old, the permittee
shall, in addition to the minimum restoration conditions outlined
in this section of this article (relating to special conditions -
subsurface operations), the entire cartway width shall be milled and
overlaid with superpave asphalt mixture design, 9.5 mm, HMA wearing
course including the appropriate skid resistance level (SRL) and ESAL
rating. If the wearing course is older than five years, the permittee
shall, in addition to the minimum restoration conditions outlined
in this section of this article (relating to special conditions -
subsurface operations), overlay the street pavement in accordance
with the following conditions:
(a)
When a longitudinal opening longer than 10 feet and wider than
three feet is made in the street pavement, the permittee shall overlay
the traffic lane(s) in which the opening was made, for the entire
length of street that was opened.
(b)
When two or more transverse trench openings are made by the
permittee in the street pavement less than 100 feet apart, the permittee
shall overlay all traffic lanes in which the openings were made, for
the entire length of the street between such openings.
(3)
Regardless of the age of the wearing course, when both longitudinal
and transverse trench openings are made in the street pavement, the
Borough may require the permittee to overlay all traffic lanes in
which such openings were made, for the entire length of street that
was opened, if the Borough Manager or Public Works Superintendent
determines that the present serviceability of the street has been
impaired by the openings.
A.
General rule. Permits will not be issued to install aboveground facilities
which the Borough Manager 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 street's clear roadside area as near the right-of-way
line as practicable, in accordance with Section 9.09B(1) of PennDOT
Design Manual, Part 5.
(2)
Replacement of poles, guys and other aboveground facilities shall
comply with Section 9.08B(2) and (3) of PennDOT Design Manual, Part
5.
(3)
Installation of poles, guys and other aboveground facilities in locations
where highway curb exists shall comply with Section 9.08B(4) of PennDOT
Design Manual, Part 5.
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 an authorized representative
of the Borough upon request.
A.
Enforcement. Any violation of the regulations set forth in this article
shall constitute grounds for imposition of any or all of the following
penalties:
(1)
Upon receipt of oral or written notice of any violation(s) from the
Borough's authorized representative, 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 five days of receipt of the oral notice.
(2)
Confiscation of the applicant's permit or emergency permit card by
the Borough Manager.
(3)
Revocation of the applicant's permit or emergency permit card by
the Borough Manager.
(4)
Removal by the utility facilities' owner of facilities installed
without a permit or in violation of the regulations set forth in this
article.
B.
Penalties. Any person who shall violate any provisions of this article
shall, upon conviction thereof in a summary proceeding before a District
Justice, be sentenced to pay a fine of not less than $250 nor more
than $500, together with costs of prosecution, and, in default of
payment of such fine and costs, said person (including an officer
of a corporation if a corporation is the person involved) shall be
subject to imprisonment in the county jail for a term not to exceed
30 days. The continuation of such violation for each successive day
shall constitute a separate offense, and the person or persons allowing
or permitting the continuation of a violation may be punished as provided
above for each separate offense.
The provisions of this article are intended as minimum standards for the protection of the public health, safety and welfare of the residents and inhabitants of the Borough. If an applicant for a permit is able to demonstrate to the Borough of Kutztown Code Appeals Board (Code Appeals Board), during a proceeding conducted under Chapter 12 of the Code of the Borough of Kutztown, that the literal compliance with any provision of this article will be unreasonable and will cause undue hardship as applied to the applicant, the Code Appeals Board may grant a modification of such provision, if the modification will not be contrary to the public interest.
