[Adopted 12-2-1975 by Ord. No. 254 (Part
12, Ch. 1, Art. C, of the 1975 Code of Ordinances); amended in its
entirety 6-6-2006 by Ord. No. 2006-7]
A.
This article shall be known and may be cited as the
"Borough of Malvern Street Excavation Ordinance."
B.
ADJACENT AREA
APPLICANT
BACKFILL
BASE COURSE
BOROUGH
BOROUGH COUNCIL
BOROUGH MANAGER
BOROUGH STREET
BRIDGE
CARTWAY
CLEAR ROADSIDE AREA
CULVERT
DESIGN MANUAL, PART 5
FACILITY
FORM 408
IMPROVED AREA
INSPECTOR
PAVEMENT
PENNDOT
PERMIT
PERMITTEE
PERSON
PLOWING
RIGHT-OF-WAY
UTILITY
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 which 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 Malvern, Chester County, Pennsylvania.
The Borough Council of the Borough of Malvern, Chester County,
Pennsylvania.
The corporate official appointed by the Borough Council as
the Borough Manager or such official's properly designated representative.
The Borough Manager may delegate authority under this chapter to the
Codes Enforcement Officer, Chief of Police, or other officer of the
Borough.
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.
Shall mean and include 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 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.
The area between the right-of-way lines of a street.
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, except any department
or municipal authority 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 90. Notwithstanding the aforesaid,
a permit shall not be required in the following instances:
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 Hall, First Avenue, Malvern,
PA 19355, 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 therefor. 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 public utility companies or contractors registered with the Borough pursuant to the registration requirements of Chapter 90 herein.
C.
Time extension. A permit is valid for a six-month
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 that will be making the excavation opening or trench shall also be submitted as set forth in § 179-16L 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 cash deposit
or bond with a surety that is licensed to transact such business in
the Commonwealth of Pennsylvania in double the amount needed, in the
judgment of the Borough Manager, 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 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. The minimum deposit amount shall be $500.
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 $5,000 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 or Manager 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 municipality 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 § 179-16M 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. When the applicant anticipates
that it will be necessary to close a portion of a street 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 Manager and Police Department prior to issuance
of the permit.
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.
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 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 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 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 § 179-17 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.
A.
Permit administration procedure. Emergency repairs
involving the placing of public utility 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 by
telephone, fax or e-mail when the necessity for an emergency repair
occurs. If the Borough Administrative Office is closed, the utility
shall notify the Police Department.
(2)
The following information is to be communicated by
telephone, fax or e-mail to the Borough Administration Office or,
if the office is closed, to the Malvern Police Department:
(3)
A regular permit shall be applied for within five
days to confirm and set forth, in detail, any emergency work performed.
(4)
All work performed shall conform to the regulations set forth in this article, including without limitation those regulations set forth in § 179-16 of this article (relating to general conditions), § 179-17 of this article (relating to special conditions - subsurface operations) and § 179-18 of this article (relating to special conditions - aboveground facilities).
The following conditions shall apply to permits issued pursuant to § 179-14 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. 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, 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 § 1796.1
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 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 the costs 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 § 179-16 of this article (relating to general conditions), § 179-17 of this article (relating to special conditions - subsurface operations) and § 179-18 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 or sidewalk.
(1)
To protect the pavement, sidewalk 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, sidewalk 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, sidewalk or
shoulders, the permittee shall restore the pavement, sidewalk or shoulders
to their former condition, at the permittee's expense.
H.
Traffic protection and maintenance. Maintenance and
protection of traffic shall be carried out in accordance with the
requirements of PennDOT as set forth in Publication No. 43 and Publication
No. 90.
(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. A traffic
control plan shall be submitted to the Borough Manager and approved
by the Borough Manager and Police Department before detouring any
traffic.
(2)
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 excavations or openings in the improved area.
(3)
Designated employees of the permittee shall be assigned
by the permittee to direct one-lane traffic. Flagmen shall be provided
as specified in the permit and in accordance with PennDOT Publication
No. 43 and Publication No. 90.
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 Manager. 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 to do such work as may be deemed necessary to correct the existing emergency condition in accordance with § 179-15 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
Manager's office a certificate or certificates of insurance for public
liability and property damage, in form and amount satisfactory to
the Borough Manager, 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(d), PennDOT Form 408, 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, using Borough employees and equipment or engaging an outside
contractor as the Borough Manager determines. The permittee shall
reimburse the Borough for the costs within 30 days after receipt of
the Borough's invoice. Unpaid invoices shall accrue interest at the
rate of 1.5% per month until paid in full.
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
from 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 effect 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 method:
(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
for 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 for subsurface operations).
C.
Installation while street closed. If the Borough Manager
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 opening 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 an unpaved 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 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 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 No. 2RC 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 No. 2 RC aggregate,
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.
I.
Restoration of roadway surface. Restoration of pavement
shall be done in accordance with the following as specified on the
permit.
(1)
Permanent restoration: Prior to replacement of the
pavement, one foot from each edge of the trench shall be saw cut,
in a neat straight line, to the bottom elevation of the existing asphalt,
and the detached material shall be removed. Drilling shall not be
permitted. All material shall comply with PennDOT Form 408.
(a)
A minimum of six inches of 2A modified stone
base shall be placed and compacted with approved vibratory compaction
equipment.
(b)
A minimum of six inches of Superpave asphalt
mixture design, HMA base course, PG 64-22, 0.3 to 3 million ESALS,
37.5 mm mix shall be placed on the stone subbase.
(c)
The top wearing coat of the adjacent pavement
shall be saw cut an additional one-foot width for a depth of 1 1/2
inches. A minimum of 1 1/2 inches of Superpave asphalt mixture
design, HMA wearing course, PG 64-22, 0.3 to 3 million ESALS, 9.5
mm mix, SRL-L shall be placed on the base course. A tack coat shall
be placed between the two surfaces if wearing course is not immediately
placed on base course.
(d)
The edges of the repair shall be sealed with
the type and class of material designated for the surface course for
a width of 12 inches centered on the repair joint in accordance with
PennDOT Form 408, Section 401.3.
(2)
The Borough may require a modified specifications if determined during the construction the existing road section is greater than the specified section listed above in Subsection I(1). If a concrete road base if located below the asphalt roadway, the trench restoration must include a concrete base of similar depth and material.
(3)
Temporary restoration.
(a)
Temporary restoration. The 2RC aggregate backfill material shall be placed in accordance with Subsection H of this section with a surface of a two-inch compacted cold patch asphalt. The Borough may require the temporary restoration to be made and kept in place for up to 60 days after backfilling the trench.
[1]
Weather pending, the permanent restoration shall
be made within 120 days of roadway opening. Outside air temperatures
at time of permanent restoration shall comply with PennDOT Form 408
specifications (40 degrees and rising).
J.
Shoulder restoration.
(1)
Paved and stabilized shoulders shall be restored in
accordance with roadway restoration section listed above.
K.
Appurtenances to underground installations.
L.
Additional restoration.
(1)
All disturbed portions of the street, including all
appurtenances and structures, such as guardrail or drain pipes, 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 other than to perform emergency work pursuant to § 179-15 of this article (relating to emergency work), 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 for 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 determines that the present
serviceability of the street has been impaired by the openings.
(4)
Any lawn area disturbed as part of the work shall
be restored to the condition prior to the start of work
(a)
A minimum of six inches of screened topsoil
shall be placed at all locations of lawn restoration.
(b)
Disturbed areas shall be permanently stabilized
with quality seed mixture and straw mulch. Seed mixture shall mix
match existing grass type.
(c)
Erosion control blanket shall be placed on all
slopes that are 3:1 or greater. Blanket must be placed on all areas
where erosion occurs or on locations specified by the Borough.
(d)
All wheel ruts created by the construction shall
be restored to the condition prior to the start of work.
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 9.08B(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.
(1)
Any
person who shall violate any provision 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 $200 nor more than $1,000,
together with costs of prosecution. 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. The Borough Engineer is hereby authorized to modify any standards set forth herein if he determines that the literal compliance with any provision of this article will be unreasonable and will cause undue hardship as applied to the applicant, or that an alternative standard would be more appropriate in particular circumstances. If the Borough Engineer does not modify the standards herein when requested by an applicant, and applicant for a permit is able to demonstrate to the Borough of Malvern Code Appeals Board (Code Appeals Board), during a proceeding conducted under Chapter 89 of the Code of the Borough of Malvern, 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.
