This article shall be known as the "Street Excavation
Ordinance of the Borough of Lewisburg."
The following words used in this article shall
have, unless the context clearly indicates otherwise, the meanings
given to them in this section:
ACKNOWLEDGMENT OF COMPLETION
The date on which the Borough records that the permitted
work appears to be completed under the permit and this article.
ADJACENT AREA
The area surrounding the immediate area of the permitted
work, which can reasonably be assumed to have been affected by the
permitted work.
APPLICANT
A person, organization, government agency, utility, etc.,
seeking an excavation permit from the Borough as directed by this
article.
BACKFILL
Material used to replace or the act of replacing material
removed during construction.
BASE COURSE
The layer or layers of specified or selected material of
designed thickness placed on a subbase or a subgrade to support a
surface course.
BOROUGH
The Borough of Lewisburg, Union County, Pennsylvania.
BOROUGH COUNCIL
The duly elected Borough Council of the Borough of Lewisburg,
Union County, Pennsylvania.
CARTWAY
A stoned, paved or hard surface of a street, road or alley
customarily used by vehicles in the regular course of travel.
CLEAR ZONE
The portion of the right-of-way beyond the pavement edge
within which, under Design Manual Part 5, no new obstruction may be
located.
DEGRADATION FEE
Fee charged for an officially authorized street excavation
to defray a percentage of costs for resurfacing and reconstruction
of Borough streets resulting from the depreciation of streets associated
with street openings.
DESIGN MANUAL, PART 2
A Pennsylvania Department of Transportation (PennDOT) publication
containing the Department's highway design criteria.
DESIGN MANUAL, PART 5
A Pennsylvania Department of Transportation (PennDOT) publication
containing the Department's utility relocation and accommodation policies
relating to permits issued in conjunction with highway construction
projects.
EMERGENCY
An unforeseen occurrence or combination of circumstances,
which calls for immediate action or remedy.
EMERGENCY REPAIR
Repair of damages to a utility facility, resulting from a
vehicle accident or collision with the facility, a failed component
or storm damage. The term does not include service connections or
disconnections unrelated to vehicle accident, a failed component or
storm damage. Emergency repairs shall be subject to Pennsylvania on-call
emergency repair requirements and conditions.
EQUIPMENT
Machinery and equipment, together with the necessary supplies
for upkeep and maintenance, and tools and apparatus necessary for
the proper construction and completion of work.
FLEXIBLE BASE PAVEMENT
A pavement structure, which maintains intimate contact with
and distributes loads to the subgrade and depends on aggregate interlock,
particle friction and cohesion for stability.
GROUT
A mixture of cement, water and sand.
IMPROVED AREA
The area within the right-of-way that has been constructed
to enable travel, including roadbed, pavement, shoulders, slope, sidewalks,
drainage facilities and other appurtenances.
INSPECTOR
The Borough's authorized representative assigned to inspect
permitted operations.
PAVEMENT
The combination of subbase, base course and surface course
placed on subgrade to support the traffic load or distribute it to
the roadbed, or both. The term normally includes the traveled portion
of the highway and extends to the face of the curb in a curbed section.
The term does not include shoulders.
PENNDOT
The Department of Transportation of the Commonwealth of Pennsylvania.
PERMIT
A highway occupancy permit issued by the Borough or the Borough's
designated representative.
PERSON
Any person or persons, corporations, company, partnership,
firm, associations, entity, trust or any entity with legal responsibilities.
Whenever used in any clause prescribing or imposing a fine or imprisonment,
or both, "person" shall mean, as applied to associations, the partners
or members thereof and, as applied to corporations, the officers thereof.
PLANS
Drawings that show the location, character and dimensions
of the proposed occupancy and related highway features, including
layouts, profiles, cross sections and other details.
PLOWING
Direct burial of a utility line by means of plow-type mechanism
that breaks the ground, places the utility line and closes the break
in the ground in a single operation.
PUBLICATION 408
A PennDOT publication containing the Department's highway
construction specifications, as supplemented.
PUBLIC STREET or STREET
A right-of-way owned and maintained by the Borough intended
for use as a means of vehicular and/or pedestrian circulation, which
provides a means of access to abutting tracts of land or lots. Any
and all Borough streets, roads, lanes, alleys and rights-of-ways.
PUBLIC UTILITY
Entity providing electricity, natural gas, telecommunications,
water or other service as defined and regulated by the Pennsylvania
Public Utility Commission. Additionally, a Municipal Authority providing
a similar service shall be considered a utility under this article.
RIGHT-OF-WAY (EASEMENT)
A strip of land occupied, used or intended to be occupied
and used exclusively or in conjunction with other uses as street,
road, highway, alley, walkway, or for utility lines, pipes and structures,
stormwater drainage systems and structures or similar uses.
ROADBED
The graded portion of a highway within top and side slopes,
prepared as a foundation for the pavement and shoulder.
SEAL COAT
A thin treatment consisting of bituminous or other approved
material, usually with cover aggregate, applied to a surface course.
SHOULDER
The existing improved area or graded portion of the highway,
contiguous to the traffic lanes, for accommodation of stopped vehicles,
for emergency use or for lateral support of base and surface courses
of pavement.
STREET SECTION
The portion of a street between two intersecting streets.
STRUCTURE
Any material or combination of materials that are constructed
or erected, the use of which requires location on the ground, or attached
to something located on or below the ground and shall include poles
and towers.
SUBBASE
The layers of specified or selected material of designated
thickness placed on a subgrade to support a base course.
SUBGRADE
The top surface of a roadbed upon which the pavement structure
and shoulders, including curbs, are constructed.
SUPPLEMENT
An amendment to the highway occupancy permit issued by the
Borough.
TACK COAT
An application of bituminous material to an existing surface
to provide bond with a superimposed course.
TEST HOLE
An exploratory opening less than 100 square inches.
UTILITY FACILITY OR FACILITIES
Privately, publicly or cooperatively owned lines, facilities
and systems for producing, transmitting or distributing communications,
power, electricity, light, heat, gas, oil, crude products, coal, water,
steam, waste stormwater, and including fire and police signal systems
and streetlighting systems, which directly or indirectly serve the
public or any part thereof.
VEHICLE
Any device that is or may be moved or drawn upon a highway,
street, alley or similar paved or unpaved area.
WEARING COURSE
One or more layers of a pavement structure designed to accommodate
the traffic load, the top layer of which resists skidding, traffic
abrasion and the disintegrating effects of climate. The top layer
is sometimes called the "surface course."
If the permittee, excluding a public utility,
would be authorized to perform a substantial amount of work within
the right-of-way, the Borough may, at it sole discretion, require
the applicant to execute a financial security agreement in an amount
equal to 110% of the estimated restoration costs of the construction
or reconstruction. If financial security is required, it shall be
delivered to the Borough or the Borough's designated representative
in a form and amount acceptable to the Borough's Solicitor and shall
guarantee restoration and maintenance of the highway for a period
of at least two years after the acknowledged completion of the permitted
work. The following documents are acceptable forms of financial security:
A. An individual or blanket bond executed by the permittee
and naming the Borough as obligee.
B. An irrevocable letter of credit signed by a bank officer
and naming the Borough as sole beneficiary, to be honored on presentment.
C. An assignment of cause of action when authorized by
the Borough.
D. An escrow account in a form acceptable to the Borough.
Applicant shall indemnify, keep and hold the
Borough, its officers, agents and employees and the Borough's designated
representative, free and harmless from any and all liability on account
of injury or damage to person or property arising or growing out of
the applicant's work pursuant to the said permit. In the event a suit
is brought against the Borough either individually or jointly with
applicant or others on account thereof, applicant, upon notice from
the Borough, shall pay the Borough's and/or the Borough's designated
representative's costs in defending the said suit. In the event there
is a final judgment against the Borough and/or the Borough's designated
representative on the same, applicant shall pay said judgment, together
with all costs, and shall save the Borough harmless therefrom.
Any person, firm or corporation who shall violate
any provision of this article shall be guilty of a summary offense
and, upon conviction thereof in a summary proceeding before a District
Judge, be sentenced to pay a fine of not more than $600, plus costs
of prosecution, and/or be imprisoned for a period not to exceed 90
days. Each day that a violation of this article continues shall constitute
a separate offense.