[Adopted 10-15-2002 by Ord. No. 2002-14; amended in its entirety 4-21-2015 by Ord. No. 2-2015]
This article shall be known and be cited as the "Pave Cut Ordinance."
A.
Word usage. The following words, terms and phrases, when used in
this article, shall have the same meanings ascribed to them in this
section, except where the context clearly indicates a different meaning.
The word "shall" is always mandatory and not merely directory. Whenever
in this article the words "directed," "required," "permitted," "ordered,"
"designated," "prescribed" or words of like importance are used, it
shall be understood that the direction, requirement, permission, order,
designation, or prescription of the Borough Engineer is intended,
and similarly, the words "approved," "acceptable," "satisfactory"
or words of like import shall mean approved by, acceptable to or satisfactory
to the Borough Engineer.
B.
APPLICATION FOR A PAVE CUT PERMIT
BOROUGH
CAPITAL IMPROVEMENT
EMERGENCY REPAIR
FACILITIES
INSPECTION
MUNICIPAL CORPORATION
PAVE CUT LOG
PAVEMENTS
PERSON
PUBLIC UTILITY
(1)
(a)
(b)
(c)
(d)
(2)
(a)
(b)
(c)
SERVICE
SPECIAL PAVEMENT
STREET
UTILITY CORRIDOR
UTILITY RELOCATION
WORK
Definitions. As used in this article, the following terms shall have
the meanings indicated:
A form provided the utility by the Borough, noting pertinent
data for the purposes of inspection and control by the Borough and
constituting a receipt for services performed by the Borough.
The Borough of Old Forge.
Preplanned to improve or upgrade an existing system or to
install a completely new system providing new or additional service.
Work necessitated by the rupture or sudden malfunction of
existing underground facilities.
All the plant and equipment of a public utility, including
all tangible, real and personal property, without limitation, and
any and all means and instrumentalities in any manner owned, operated,
leased, licensed, controlled, furnished or supplied for, by or in
connection with the business of any public utility; provided, however,
that no property owned by the Commonwealth of Pennsylvania, or any
municipal corporation thereof, at the date when this article becomes
effective shall be subject to any of the terms of this article, except
as elsewhere expressly provided herein.
A careful or critical investigation not necessarily confined
to optical observation, but is understood to embrace tests and examination
for the purpose of ascertaining quality and compliance as prescribed
in this article and discovering and correcting errors.
All cities, boroughs, towns, townships, or counties of this
commonwealth, and also any public corporation, authority or body whatsoever
created or organized under any law of this commonwealth for the purpose
of rendering any service similar to that of a public utility. For
the purpose of this article, "Municipal Corporation" shall mean the
Borough of Old Forge.
A chronological record of pave cuts as reported to the Borough
containing pertinent data as required by the Borough for the purposes
of inspection and control.
Roadway surfaces of machine-laid asphalt over a base of concrete,
brick, Belgian block, crushed stone, bituminous concrete, or oil and
stone.
Individuals, partnerships or associations, other than corporations,
and includes their lessees, assignees, trustees, receivers, executors,
administrators or other successors in interest.
Persons or corporations now or hereafter owning or operating
in this commonwealth equipment or facilities for:
Producing, generating, transmitting, distributing, or furnishing
natural or artificial gas, electricity or steam for the production
of light, heat or power to or for the public for compensation.
Diverting, developing, pumping, impounding, distributing or
furnishing water to or for the public for compensation.
Conveying or transmitting television or radio signals by cable
to the public for compensation.
Sewage collection, treatment or disposal for the public for
compensation.
The term "public utility" or "utility" shall not include:
Any person or corporation, not otherwise a public utility, who
or which furnishes services to only himself or itself.
Any bona fide cooperative association which furnishes services
only to its stockholders or members on a nonprofit basis.
Any producer of natural gas not engaged in distributing such
gas directly to the public for compensation.
Used in this article in its broadest and most inclusive sense
and includes any and all acts done, rendered, or performed and any
and all things furnished or supplied and any and all facilities used,
furnished or supplied by public utilities in the performance of their
duties under this article to their patrons, employees, other public
utilities and the public, as well as the interchange of facilities
between two or more of them.
Roadway surfaces of concrete, brick, Belgian block or cobblestone.
Includes any street, highway, road, land, court, alley or
place of whatever nature, whether dedicated or not, open to the use
of the public as a matter or right for purposes of vehicular travel.
An area within any public right-of-way, usually underground,
but not limited to same, reserved for and assigned to a specific utility
by the Borough Engineer; the area to be used by the specified utility
for placing and operating its facilities for transmitting and distributing
its particular commodity or service.
Includes the adjustment, replacement or relocation of utility
facilities as required by a street construction or repaving project
such as removing or reinstalling the facility, acquiring the necessary
rights-of-way, moving or rearranging existing facilities, changing
the type of facility and any necessary safety and protective measures.
It shall also mean the construction of a replacement facility functionally
equal to the existing facility, where necessary, for the continuous
operation of the utility service, the project economy or sequence
of street construction.
The furnishing of all materials, labor, equipment or other
incidentals necessary or convenient to the successful completion of
the project and fulfillment of all duties and obligations imposed
by this article.
A permit must first be obtained before any opening can be made
in any paved thoroughfare, cartway, sidewalk or tree lawn in the Borough.
Any excavations and cuttings in these areas are classified as a pave
cut.
Applications for a pave cut permit shall be available from Old
Forge Borough at the Municipal Building, 314 South Main Street. An
authorized agent of a utility or contractor shall complete the application
at the Municipal Building within a minimum of 24 hours in advance
of any planned excavation. A copy of the completed application, signed
by the Borough's authorized representative, shall be in the hands
of a competent person at the work site described in the application
and shall constitute a permit.
A.
The application for the permit shall state the name and address of
the applicant, the nature, location and purpose of the excavation,
the date of commencement and the expected date of completion of the
excavation as well as the length and width of the cut and such other
data as may reasonably be required by the municipality. When, in the
sole opinion of the municipality, the excavation and/or construction
planned is extensive, the municipality may require the application
to be accompanied by plans showing the extent of the proposed excavation
work and elevations of both the existing ground prior to said excavation
and the elevated surfaces, the location of the excavation work and
such other information as may be prescribed by the municipality.
B.
The municipality shall keep a record of all permits so granted and,
before granting the same, shall collect from the applicant a permit
application fee in the amount set forth in the fee schedule set in
this article.[1] Public utilities may be billed for permit fees monthly.
[1]
Editor's Note: Said fee schedule is on file in the Borough
offices.
C.
The contractor or utility performing the work must notify the Borough
before any backfill or permanent pavement is placed so that an inspector
may be dispatched to the site to inspect the work. All backfill and
permanent pavement work must be performed under the continuous observation
of a Borough designated inspector/testing agency.
D.
It shall be unlawful for any person, firm or corporation to make
any opening, cut or excavation in or under any street, alley or other
thoroughfare within the limits of the Borough of Old Forge unless
and until a permit is secured for each separate undertaking. The police
shall promptly prohibit any work to be done without a permit and shall
halt any work in progress being performed without a permit.
In the event of any emergency in which a main, conduit or utility
facility in or under any street breaks, bursts or otherwise is in
such condition as to immediately endanger the property, life, health
or safety of any individual, the person owning or controlling such
main, conduit or utility facility, without first applying for and
obtaining an excavation permit hereunder, shall immediately take proper
emergency measures to cure or remedy the dangerous conditions for
the protection of property, life, health and safety of individuals.
However, such person owning or controlling such facility shall apply
for a pave cut permit no later than the end of the next succeeding
day during which the Borough office is open for business. In addition,
the utility shall immediately notify the municipality and inform them
that an emergency exists as soon as they become aware of said emergency.
An emergency contact number will be provided by the Borough so that
an inspector can be dispatched to the site of the emergency repair.
An inspector must be present to inspect the backfill and permanent
pavement work for all emergency repair.
Pave cuts necessitated by Borough-sponsored public improvements
shall be on a non-fee basis but limited to the specific contract area.
Work done outside the project area will be handled as a normal permit
and required permit fee. A list noting exact locations and dimensions
of all such cuts shall be submitted to the Borough at the completion
of work. Notification will be required for any pave cuts made in state
highways located within the Borough for which a highway occupancy
permit has been issued.
A.
Any work done without a permit shall be subject to a penalty of $800,
plus regular fees.
B.
Any backfill or permanent pavement work performed without the presence
of a Borough-designated inspector present shall be removed and replaced
under the observation of a Borough-authorized inspector at the cost
of the contractor performing the work. The removal and replacement
of any uninspected work will be at no cost to the Borough and shall
be subject to a penalty of $800, plus regular fees.
The applicant shall protect, defend, indemnify, and save harmless
the Borough, its officers and/or agents thereof from all claims, suits,
actions and proceedings of every nature and description which may
be brought against the Borough, its officers, or agents thereof, for
or on account of any injuries or damages to persons or public or private
property because of any materials or appurtenances used in the work,
by or on account of improper materials or workmanship, or for or on
account of any accident or any other act, negligence, or omission
of said applicant, his agents, servants, or employees, and the Borough
shall not, in any way, be liable therefor during the period of the
work progress and the one-and-one-half-year guarantee period following
completion and acceptance of work by the Borough, Minimum insurance
shall be:
A.
Liability per individual: $500,000, with a limit of $1,000,000 for
each occurrence per bodily injury.
B.
Liability for property damage: $500,000.
C.
Evidence of insurance in the form of a certificate or letter executed
by a duly authorized representative of the applicant's insurance
carrier shall be submitted to the Borough each January 15. Said evidence
of insurance must include the provisions that the Borough be given
at least 30 days' advance notice of any cancellation or any material
alteration in the applicant's policy.
During the progress of work, the applicant shall provide such
barricades, warning signs, and flagpersons as may be deemed necessary
by the Borough to prevent accidents to the public and/or adjoining
tenants. Minimum precautions must include, but should not be limited
to, advance warning signs on all approaches to the work, safe crossings
for pedestrians at each 300 feet, and barricades with flashers on
each exposed side at fifty-foot intervals. All precautions shall be
in accordance with 67 Pa. Code Chapter 211; 67 Pa. Code Chapter 203;
and material and construction requirements outlined in Section 901
of PennDOT current specifications, as amended. Referrals therein to
the Department shall mean "Old Forge Borough." Compliance is also
required with all applicable safety standards of the Occupational
and Safety Health Act (OSHA),[1] as amended. When required, the applicant shall comply
with material and construction requirements of Section 902 of PennDOT
Current Specifications for Maintenance and Protection During Temporary
Suspension of Work.
[1]
Editor's Note: See 29 U.S.C. § 651 et seq.
No road or street in the Borough of Old Forge may be completely
closed to traffic at any time. One lane of traffic must be able to
pass unobstructed at all times. Flagpersons shall be posted at work
limits at all times to direct traffic through the work zones, and
established traffic patterns must be maintained at all times. If all
other means of traffic control have been exhausted, the Borough may
permit a road to be completely closed temporarily only upon the written
consent of the Chief of Police and the Fire Chief. When an emergency
exists, the Police and Fire Departments shall be notified. An application
form for a permit to close a street will be available from the Borough.
The complete application, bearing the signatures of the aforementioned
officers, shall be returned to the applicant and shall constitute
a permit. A penalty of $300 shall be imposed for failure to notify
the Police and/or Fire Chief.
For small area pave cuts, the utility or contractor shall be
required to complete the temporary restoration within 48 consecutive
hours of the initial cut during the normal working week, excluding
holidays and weekends. Time extensions may be allowed upon written
appeal to the Borough Engineer, provided the applicant justifies sufficient
cause for the time extension. Work on long cuts (25 feet or greater
in length) shall proceed in a continuous manner in accordance with
standard safety provisions. Permits for long cuts or capital improvements
will not be granted during the months of November through March, except
upon written approval by the Borough Engineer. The utility or contractor
shall coordinate planned cuts in Borough streets with the paving programs
of the Borough. A construction schedule comprising planned cuts shall
be submitted to the Borough Secretary as soon as it becomes available.
The Borough will provide a paving program to the utilities as soon
as it is available and/or decided upon.
All excavations shall be commenced and completed by the use
of a reasonable and competent work force. In congested areas and the
Central Business District, the Borough may limit work to other than
normal daytime working hours. At the cessation of work, adequate steel
plates shall be placed over excavations for safety and traffic control
purposes. The maximum length of any continuous opening in the roadway
shall be 100 feet. This pertains to the cartway, sidewalk, tree lawn,
berm, or embankment. Prior to any additional digging, the previous
trench shall be backfilled and completed as specified herein.
Unless indicated otherwise by the Borough Engineer, all excavated
materials are to be deemed unsuitable for backfilling and shall be
removed from the project area immediately as they are generated and
disposed of in a legal manner. All gutters, pipes, inlets and other
drainage facilities shall be kept clean of all debris and excavated
materials. At all times, fire hydrants adjacent to work shall be accessible
to fire apparatus, and no materials or obstructions shall be placed
within 15 feet of any hydrant. Excavations include any areas within
the road right-of-way.
The suitability of material to be used as backfill shall be
determined by the Municipal Street Commissioner or Borough's
designated testing/inspection agency. All materials not conforming
to the requirements of this article, whether in place or not, shall
be rejected. Such materials shall be removed promptly from the worksite.
Material which is unsuitable and any surplus of excavated material
shall be considered waste and shall be disposed of by the utility
or contractor beyond the project limits. In no case shall waste material
be left at the worksite.
A.
The Street Commissioner, Borough Engineer or designated testing/inspection
agency shall be the judges of the stability and suitability of the
fill material. In no case will excessively wet or dry material be
allowed as fill material. Fill must be compacted to a dry density
at least equal to 95% of the maximum dry density attained by the Modified
Proctor Test, ASTMD1557, latest revision, Method C or Method D, as
designated by the Street Commissioner or designated testing/inspection
agency.
B.
Granular or other suitable materials, as determined by the Street
Commissioner, Borough Engineer or designated testing/inspection agency,
free from rocks and boulders shall be deposited in the trench simultaneously
on both sides of the pipe for the full width of the trench to a height
of at least six inches above the top of the pipe, placed and hand-tamped
to fill completely all spaces under and adjacent to the pipe. In the
event that suitable natural granular material is not encountered during
the normal exaction of the trench or when the material encountered
is determined unsuitable by the Engineer or Street Commissioner or
designated testing/inspection agency for backfilling around the pipe
as required above, the contractor shall furnish and place other approved
material. This approved material should be furnished from surplus
material obtainable from the excavation of adjacent trenches or from
approved borrow areas. If suitable material is not available as stated
above, the contractor should procure suitable pit-run material for
backfilling around the pipe according to specific direction from the
Street Commissioner or designated testing/inspection agency at no
cost to the municipality.
C.
Succeeding layers of backfill may contain coarse materials (less
than two inches), but shall be free from large pieces of rock, frozen
material, concrete, roots, stumps, tin cans, rubbish and other similar
articles whose presence in the backfill would cause future settlement
of the trench or damage to the pipe.
D.
Whenever suitable material existing within the upper four feet of
the finished grade of the paved or traveled portions of the street
or roadway is removed by the excavation, the contractor shall replace
said material with PA DOT2A (or material of equal quality) as backfill
in the upper four feet of the finished grade.
E.
As an alternate, 250 psi flowable fill may be used. Flowable fill
shall be in accordance with PennDOT Publication 408, Section 220 (latest
edition) with a compressive strength not less than 150 psi.
A.
The Street Commissioner or designated testing/inspection agency must
be notified at least two hours in advance of placing any backfill
for inspection purposes. No backfill shall be placed without a Borough-designated
inspector present. In backfilling, six-inch layers shall be placed
in the deepest portion of the backfill, and as placement progresses,
each six-inch layer shall be horizontally constructed. Compaction
operations shall be continued using mechanical tampers until each
layer of fill is compacted to a dry density at least equal to 95%
of the maximum dry density attained by the Modified Proctor Test,
ASTMD 1557, latest revision, Method C or D Method, as designated by
the Street Commissioner or designated testing/inspection agency.
B.
Backfilling will be done in such a manner as to obtain compaction
through the entire length of backfill not less than that which exists
adjacent to the excavation. The method of backfill shall be consistent
with good engineering practice. Backfill shall begin as soon as practical
after the pipe or other construction has been placed and shall thereafter
be carried on as rapidly as protection of the balance of the work
will permit.
C.
Depositing of backfill shall be done so the shock of falling material
will not injure the pipe or adjacent structures.
D.
All deficiencies in the quality of material for backfilling the trenches
or for filing depressions caused by settlement shall be supplied by
the contractor.
E.
In all cases, the contractor shall blade and compact the roadway
after the trench has been backfilled so that it shall be passable
to traffic at all times. The contractor shall maintain the roadway
in a condition acceptable to the Engineer or Street Commissioner at
all times until final approval of the entire work by the municipality.
F.
The contractor shall remedy at his own expense any defects that appear
in the backfill for a period of two years following compaction.
A.
The Street Commissioner or designated testing/inspection agency must
be notified in advance of placing any permanent pavement for inspection
purposes. No pavement shall be placed without a Borough designated
inspector present.
B.
Where the excavation is in a paved surface, the pavement shall be
restored with not less than six inches of 2A subbase, 4 1/2 inches
of 25 mm Superpave base course or the full depth of the adjacent permanent
bases, whichever is greater, and 1 1/2 inches of 9.5 mm Superpave
wearing coarse. All materials and work shall meet the requirements
of PennDOT Publication 408 specifications (latest edition), Sections
350 and 409, respectively. Prior to replacement of the pavement, one
foot outside of each edge of the opening shall be sawed the full depth
of pavement and stone base in a neat straight line one foot cutback).
The detached material shall be removed without damaging the adjacent
pavement. The final pavement joint between new and existing pavement
shall be sealed with PG 6422 or other sealant approved by the Street
Commissioner or designated testing/inspection agency to a width of
four inches either side of the joint. In cases where pave cuts are
made between December 1 and April 15, the pavement restoration shall
consist of cold patch or similar temporary material. Final pavement
restoration shall be completed as specified herein above during the
next paving season, but in no event later than July 1. Maintenance
of the temporary patch shall be the responsibility of the contractor.
C.
When a longitudinal opening longer than 25 linear feet is made in
the pavement, the entire roadway width shall be milled and overlaid
with 9.5 mm Superpave within the area of the opening. When two or
more transverse openings are made within 25 feet linear feet of pavement,
the entire roadway width shall be milled and overlaid with 9.5 mm
Superpave within the total opening length, including those areas unexcavated.
Overlay shall consist of 1 1/2 inches of 9.5 mm Superpave wearing
coarse. A milled paving notch, with a minimum 10 feet transition,
shall be provided at each end of the overlay. For a single pave cut,
the cut should be made the width of the required trench and upon restoration
a minimum one-foot cutback should be provided on all sides of the
initial cut.
[Amended 1-24-2017 by Ord. No. 1-2017]
A.
The Street Commissioner or designated testing/inspection agency must
be notified in advance of placing any permanent pavement or concrete
for sidewalks or curbing for inspection purposes. No pavement or concrete
for sidewalks or curbing shall be placed without a Borough-designated
inspector present.
B.
Where the removal of a portion of a curb, sidewalk, or curb and gutter
is required to perform work, the curb, sidewalk, or gutter shall be
restored as follows:
(1)
Asphalt sidewalks shall be a minimum of two inches of 9.5 mm Superpave
wearing coarse or the thickness of the adjacent materials, whichever
is greater.
(2)
Asphalt curbs shall meet the requirements of PennDOT Publication
408 specifications (latest edition), Section 636. The minimum allowable
length of a replaced curb shall be four feet.
(3)
Concrete sidewalks shall meet the requirements of PennDOT Publication
408 specifications (latest edition), Section 676. The minimum allowable
length of a replaced concrete sidewalk shall be four feet.
(4)
Concrete curbs shall meet the requirements of PennDOT Publication
408 specifications (latest edition), Section 630. The minimum allowable
length of a replaced curb shall be four feet.
(5)
Stone curbs shall be replaced in kind. A minimum length of replaced
curbs shall be four feet.
(6)
Where curbing and/or sidewalks are composed of other materials (brick,
pavers, granite, flagstone, etc.), every attempt should be made to
save the original materials and replace them during restoration.
Power-driven concrete saws or air hammers shall be used on all
cuts in Portland-cement-based pavements. The cuts must be of sufficient
depth to provide a smooth edge. No pavement busters, such as drop
hammers, hoe rams and the like, shall be used without the written
permission of the Street Commissioner or designated testing/inspection
agency.
In the event a cut is made and, upon inspection, damage to another
utility's underground facilities is discovered, it shall be the
responsibility of the party making the cut to contact the Municipal
Street Commissioner or Municipal Engineer and all concerned pertinent
utilities to instruct them (it) to have representatives inspect the
condition before any backfilling is begun.
All contractors shall ensure compliance with the provisions
of all applicable and relevant, state, local and federal statutes,
rules and regulations.
The municipal-designated testing company shall inspect all cuts,
backfilling, pavement restoration and curb/sidewalk restoration work
that occurs within the municipality's right of way. An inspection
fee shall be charged for this inspection. (See Fee Schedule.[1]) Such inspection fees shall constitute acceptance of work
performed by the contractor, but it is understood that such acceptance
does not relieve the utility of any responsibility under this article
throughout the guaranty period. In order to ensure proper testing,
the Borough shall retain an independent testing agency meeting the
following requirements:
A.
Maintains a facility that is AMRL and CCRL certified and meets the
minimum requirements of ASTM E-329.
B.
Has the ability to provide field testing technicians that have the
appropriate ACI, NICET, and NECEPT certifications for inspecting the
work being performed as follows:
|
Inspection Type
|
Required Certifications
| |
|---|---|---|
|
Permanent backfill
|
NICET Level I soils and QC nuclear regulatory certified
| |
|
Permanent asphalt paving
|
NICET Level I asphalt and NECEPT bituminous field test technician
| |
|
Permanent concrete (sidewalks or curbs)
|
NICET Level I concrete and NECEPT concrete field test technician
|
C.
Has the ability to mobilize for contractor requests within one hour
of being notified.
D.
Has the ability to submit inspection reports to the Borough Engineer
upon completion of work.
[1]
Editor's Note: Said fee schedule is on file in the Borough
offices.
Upon notification from the municipality of a planned street
repaving, resurfacing or reconstruction, all utilities will be required
to test their lines and service and to schedule necessary capital
improvements or new main lines and service connections prior to resurfacing
or reconstruction. Thereafter, any cuts which will be permitted in
new pavement and any permits issued for the same shall be subject
to the following:
A.
Pavement shall be considered new for a period of three years from
the date of final and complete placement of new pavement.
B.
Any utilities or contractors who make cuts in new pavements shall
be required to make permanent restoration and repaving and resurfacing
of said openings in pavements. Permanent restoration must be completed
within 30 days of the initial cut. Any delay or failure of restoration
will be reported to the pertinent utility, and repairs by the utility
will begin within 24 hours after notification. Upon failure of the
utility to repair the cut in a satisfactory manner, the municipality
shall have the option to do the work or to contract to complete the
work and bill the utility for the costs of permanent restoration,
plus 20%. In addition, penalties for noncompliance shall be levied
against the utility or contractor. All backfilling of new pavement
cuts shall be in accordance with the backfilling requirements and
provisions set forth in this article. Prior to the placement of the
base course, the existing base and surface must be exposed 12 inches
on each side of any depressions that may have developed. Restoration
of base pavements shall consist of 25mm Superpave base course for
the full depth of the adjacent permanent base or for a depth of six
inches, whichever is greater. The wearing course of top coat shall
be placed at a minimum depth of 1 1/2 inches and shall be 9.5
mm Superpave wearing course and shall be rolled to conform with the
existing road and the edges sealed. Surface treatments such as sand
or chip seals are prohibited. On long cuts (those greater than 25
feet in length), surface finishing must be rolled with not less than
a six-ton roller. Small cuts may be finished with a mechanical tamper
or vibrator. All openings in new pavement, regardless of size, must
be permanently restored.
C.
The permanent restoration of special-type pavements such as concrete,
brick, Belgian block, cobblestone, gutters or tiles shall consist
of relaying the original wearing course in accordance with the original
installation specifications in such a manner as to prevent settlement
or other determination.
D.
Whenever any utility or contractor shall make cuts in new pavement
for purposes of replacing a main line on a street or part thereof
or for purposes of making any capital improvements or improving or
upgrading an existing system, or when any utility or contractor shall
for any purposes, except emergency purposes, make a cut or cuts in
new pavement totaling 90 square feet or more within any block in the
Borough, then the utility shall be required to backfill and permanently
restore, refinish, mill and repave the entire width of said street
from curb to curb for the entire length of the block or blocks of
said street or streets where there is located any pave cut or cuts
or parts thereof with said backfilling and restoring, refinishing,
milling, and repaving to be done in accordance with the provisions
of this article. (The purpose of this provision is to encourage utilities
to replace their main lines and make capital improvements or improve
or upgrade their systems prior to new repaving so as to prevent subsequent
cutting of new pavement.)
E.
The utility shall be required to notify the Street Commissioner or
designated testing/inspection agency prior to commencement of permanent
restoration. Such permanent restoration must be commenced and completed
promptly. Any delay or failure of restoration will be reported to
the pertinent utility, and such work shall commence by the utility
within 24 hours after notification. Upon failure of the utility to
restore the street in a satisfactory manner, the municipality shall
have the option to do the work or to contract to complete the work
and bill the utility for the costs of permanent restoration, plus
20%. In addition, penalties for noncompliance shall be levied against
the utility or contractor.
The utility and/or its contractor must replace, in kind, all
pavement markings damaged or removed by pave cuts and work incident
thereto. All markings must be replaced within five days after permanent
restoration. Should the contractor fail to replace the same, the municipality
shall contract to have the necessary repairs made and bill the utility
for the costs of the work, plus a 20% penalty.
Electronic traffic control devices and ancillary equipment damaged
or removed because of pavement excavation or work incident thereto
must be replaced by the utility or its contractor, in kind, in whole
or in part, as required by the Street Commissioner or designated testing/inspection
agency. The municipality shall contact to have the necessary repairs
made and bill the utility.
All property pins or survey control monuments damaged or altered
as a results of the contractor's work shall be replaced at the contractor's
expense by a registered Pennsylvania professional land surveyor.
The Borough of Old Forge provides by this article for the laying,
renewing and repairing of all gas, water or other pipes or conduits
in any street before the paving, repaving or repairing of the same
and for making the necessary house connections with said pipes and
also for the necessary house connections and branches with and leading
into main or lateral sewers, provided that in no case, except as a
sanitary measure, of which the municipality shall be the judge, shall
Old Forge require such house connections to be extended further from
such sewers or from such gas, water or other pipes or conduits than
to the inner line of the curbstone of such corporations, persons and
owners affected and, in default of compliance therewith, cause said
pipes to be laid, renewed or repaired and said connections made and
collect the costs of paving and repairing all pipes or conduits with
interest, and the cost of the sewer connections shall be a first lien
against the land for whose benefit such connections are made. A separate
lien may be filed therefor, or such sewer connection costs may be
included in any lien filed for the costs of such street improvement,
and the lien and the proceedings thereon shall be as in the case of
other municipal liens.
The Municipal Engineer shall have the final decision for determination
of lines and grades for street reconstruction. This decision shall
be based on good engineering practice and municipal standards. The
determination by the Street Commissioner or designated testing/inspection
agency shall be final.
The following depths for pipes and conduits are assigned to
the utilities operating under this article:
A.
Gas lines shall be a minimum of 30 inches below grade.
B.
Water service lines shall be a minimum of 36 inches below grade;
a water main shall be a minimum of five feet below grade.
C.
Electric lines and conduits shall be a minimum of 24 inches below
grade.
D.
Telecommunication lines and conduits shall be a minimum of 36 inches
below grade.
Aerial installations of electric power transmissions and telecommunications
lines suspended from supporting poles having their base and/or support
wires within the public right-of-way and interfering with a roadway
construction, reconstruction or repair project shall be located upon
written order from the County Zoning Officer or Street Department
to a point specified therein. The Borough Engineer may require the
utility to place its aerial facilities underground where it is deemed
necessary or desirable. Hereafter, aerial installations shall be placed
subject to approval by the Borough Engineer. The Borough Engineer
shall assign horizontal corridors on a case-by-case basis for all
new construction. All gate boxes, shutoff valves and other regulating
devices underground for individual customers for gas, water, steam,
electric and telecommunications lines shall be located inside the
inner line of the curbstone or, in the case where no curbing exists,
to a point specified by the Engineer or his agent.
A.
An existing utility right-of-way is owned by the utility and interferes
with a municipal construction project.
B.
Utility relocation may be necessary for the installation, maintenance
or repair of municipally owned or operated utility systems, such as
the municipal sewer systems, or where the installation or modification
of a municipally owned or operated utility is a part of a roadway
construction project.
A.
Upon receipt of a letter from the Street Commissioner or Municipal
Engineer authorizing the start of physical work, the utility shall
commence work within 30 days unless otherwise stated by Street Commissioner
or designated testing/inspection agency with reasonable cause shown
in order to clear the construction area. The utility shall perform
the relocation work in accordance with the approved plan of the Engineer.
The utility shall ensure compliance with the provisions of all relevant
local, state and federal acts, rules and regulations.
B.
Utility relocation shall be accomplished by the utility to assure
its completion prior to the commencement of roadway construction.
Areas of utility shall relocation work, which cannot be accomplished
prior to the state of construction but can be accomplished simultaneously
without restriction the roadway project contractor, may be done concurrently
with the contractor's operations when approved by The Engineer
and the municipality's contractor.
C.
It is acknowledged that field conditions occasionally necessitate
revision of the utility relocation plan. It shall be the responsibility
of the utility to report and justify such revisions and to correct
any data on file with the Engineer. The utilities are required to
obtain the contractor's concurrence prior to such revisions within
the right-of-way of the project under construction. Minor modifications
of the relocation plan may be made without prior approval of the Engineer.
All such changes shall be brought to the attention of the project
engineer and shall be noted in the daily inspection report.
Old Forge Borough Council provides, by this article, that the
responsibility and authority for the enforcement of this article shall
rest in the office of the Borough Code Enforcement Officer.
The Borough Council shall appoint, as its representative, persons
to enforce this article. These agents shall have the authority and
responsibility for the enforcement of this article as vested in the
Borough. The applicant and/or permittee shall be responsible for the
payment of all fees charged by the Borough's representative appointed
hereunder.
When work performed by a utility or contractor under this article
is found in violation of the same, the contractor or utility may be
given the opportunity to make corrections as required by the Borough.
If the corrections are not completed in the specified time, or are
not completed as specified, the Borough may suspend all work, whether
completed or in progress, in noncompliance with this article and take
appropriate safety precautions. All work performed or contracted by
the Borough of Old Forge to attain compliance with this regard, including
inspection and coordination fees, shall be billed to the utility or
contractor, plus a 20% penalty. In addition, a penalty for noncompliance
shall be imposed, along with being banned from working in the Borough
for a period of five years.
The permittee shall actively resume work upon order from the
Borough after a suspension. Debarred contractors shall not perform
any work in the Borough.
If the permittee fails to make adequate correction to work found
in noncompliance with this article in the time specified, a penalty
shall be imposed until said corrections are completed to these requirements.
(See Fee Schedule.[1])
[1]
Editor's Note: Said fee schedule is on file in the Borough
offices.
A.
The Borough reserves the right to bar any contractor or his employee
from working within the Borough limits for causes set forth in this
article. When the violations include tampering with Borough property,
repeated noncompliance with specifications contained herein, damages
to public facilities, etc., the Borough shall bar the contractor and
any employees for a period of five years from the date of violation.
In this case, the utility or permittee shall secure another contractor
to perform the work.
B.
The Borough reserves the right to refuse issuance of a permit to
cut new pavement (less than five years in age).
Every public utility shall file with the Borough Secretary a
designation, in writing, of the name and post office address of a
person within the Commonwealth of Pennsylvania upon whom service of
any notice, order or process may be made under this article. Such
designation may, from time to time, be changed by like writing, similarly
filed.
At the discretion of the Borough, licensed contractors, other
than those under contract to a utility, may be permitted to make an
opening, cut or excavation in the Borough's public streets. Sections
pertaining to public utilities shall be applicable to licensed contractors.
All litigation, hearings, investigations and other proceedings
whatsoever pending under any act repealed by this article shall continue
and remain in full provisions of this article. All orders, rules or
regulations issued or filed under any act repealed by this article,
and in full force and effect upon the effective date of this article,
shall remain in full force and effect for the term issued or until
revoked, vacated or modified under the provisions of this article.
All existing contracts and obligations entered into or created under
any act repealed by this article, and in force and effect upon the
effective date of this article, shall remain in full force and effect.
The repeal by this article of any other act shall not revive
any law heretofore repealed or superseded and shall not impair or
affect any act done, offense committed or liability, penalty, judgment,
or punishment incurred prior to the time this article takes effect,
but the same may be enforced, prosecuted or inflicted as fully and
to the same extent as if this article has not been passed. The provisions
of this article, as far as they are the same as those of existing
laws, shall be construed as a continuation of such laws and not as
new enactments.
Any person who violates provisions of this article shall, upon
conviction thereof, be punishable by paying fines in accordance with
the fee schedule,[1] by prosecution in tampering instances, and by being banned
from working in the Borough for a period of five years. The Borough
will have sole jurisdiction in determining the punishment on a case-by-case
basis.
[1]
Editor's Note: Said fee schedule is on file in the Borough
offices.
A.
Any person or firm charged with violating any provision of this article
may sign an acknowledgement of the offense committed, either before
or after the beginning of suit, and pay to any duly authorized agent
of the Borough the maximum fine provided by this article, together
with costs accruing to that date. Such person shall receive a printed
receipt thereof, which shall bear the imprint and Seal of the Borough
and the signature of its Mayor, which shall be evidence of full satisfaction
of the offense committed.
B.
If violations continue by the same person or firm, the Borough will
seek barring the person and firm from performing any work within the
Borough, seek added fines and penalties, and prosecute the person
and firm to the full extent allowed by law.
