[HISTORY: Adopted by the Borough Council
of the Borough of Bell Acres as indicated in article histories. Amendments
noted where applicable.]
[Adopted 9-9-1985 by Ord. No. 121; amended 11-13-2023 by Ord. No.
324]
As used in this article, the following terms shall have the
meanings indicated:
Any person who makes application for a permit.
Any unforeseen circumstances or occurrences, the existence
of which constitutes a clear and immediate danger to persons or properties.
The Manager of the Borough or his or her authorized deputy,
representative or inspector.
Newly constructed cartways, including base and surfacing
of either concrete or asphalt and reconstructed cartways surfaced
with a topcoat of asphalt.
Any person who has been issued a permit and has agreed to
fulfill all the terms of this article.
Any public water or sewer authorities operating within the
Borough, and any gas, electric or telecommunications companies subject
to the jurisdiction of, and/or control by, the Pennsylvania Public
Utility Commission.
A public right-of-way, road, avenue, boulevard, alley, highway,
freeway, parkway, land, viaduct, and any other ways intended to be
used by vehicular traffic and accepted or maintained by the Borough
or open for travel and use by the public.
A.
A permit is required before any private person, public utility company,
municipality, authority, corporation, or organization performs any
work within, under, or over the Borough street right-of-way except
in the case of emergency repairs in which case a permit is required
on the first regular business day or which the office of the Manager
is open, said permit shall be retroactive to the date when the work
began.
B.
Application review, fee assessment, and permit issuance process will
not begin until permit application, project drawings, and all other
required and requested documents have been submitted to the Manager.
Permit fees are to be assessed by the Manager only upon review of
document submittals. All applications must have an emergency contact
person listed.
If a corporation, authority, political subdivision or other
person in the business of providing utility service owns, operates
or intends to operate a facility in the Borough right-of-way, the
application will be submitted in the name of, and executed by the
facility owner. An application may not be submitted in the name of
contractors of the facility owner or operator, nor in the name of
persons or entities being serviced by the facility. In the case of
the facility owner who is not in the business of providing utility
service, such as a developer whose land is located outside a utility's
service jurisdiction, the application will be submitted in the name
of, and executed by, the owner of the facility at the time of construction.
The applicant will indemnify and hold harmless the Borough from claims
by anyone claiming residual property interests in the permitted area.
The permit application will be reviewed for any or all of the
following: driveway location, sight distances, storm water drainage,
traffic impacts, impacts of constructed improvements, conformance
to specifications and restoration. Construction, utility or sketch
drawings showing the proposed work and required pavement restoration
must be submitted with the application for review. A certificate of
insurance may be required for permit approval. Once an application
has been reviewed and approved, a permit will be issued upon receipt
of appropriate fees and bonds. The permit issued is valid for a period
of 90 days. It will be the responsibility of the permittee to request
an extension if required. Permit extensions are subject to approval
from the Manager. Standards applicable to the work being performed
will be provided at the time if issuance.
All work zone areas must conform to the PennDOT Publication
213, Temporary Traffic Control Guidelines. For single-lane closures
that still allow traffic to move through the work zones area, the
proper Pennsylvania Typical Application (PATA) that is to be used
must be submitted with the application for review. For full road closures
that intend to use detour routes, the following documents must be
submitted for review and approval by Manager.
A.
Maintenance and protection of traffic (MPT) plan showing all proper
signage and directional flow of traffic through the proposed detour.
B.
Full narrative explaining the step by step detour route(s) including
the length of time in which the detour is to be requested.
C.
Signed approvals from all entities having streets in which the detour
is to be used.
All developments that affect the runoff on Borough streets or
flow in the Borough storm system will require a stormwater report
describing the effects on the Borough street. Developments that do
not affect runoff on Borough streets or flow in the Borough storm
system will not require a stormwater report. The stormwater report
may either show that there is no increase in stormwater on the Borough
street or that the Borough storm system has sufficient capacity for
any stormwater increase. Storm detention and storm sewer calculation
may be required in accordance with PennDOT Design Manual, Part 2 and
PennDOT publication 584.
In the event of an emergency repair, the entity making the repair
must notify the Borough on the first regular business day on which
the office of the Manager is open. Said permit shall be retroactive
to the date work began. A regular permit and fee must be filed with
the Manager. Once filed, the regular procedure for processing permits
will be followed.
These general provisions and specifications have been adopted
for street occupancy permits issued for any and all activity occurring
within, under or over the Borough street right-of-way. In addition,
any provisions and specifications included in the permit will be considered
binding. The work authorized by the permit will be consistent with
the safety of the public and will conform to all requirements and
standards of the Borough as specified. If at any time it is found
by the Manager that the work is not being or has not been constructed
properly, the permittee, upon being notified by the Manager, will
immediately take the necessary steps, at his/her own expense, to place
the work in condition to conform to said requirements or standards.
A.
Scope of permit. The permit is binding upon the permittee, its agents,
contractors, successors and assigns. The permittee included but is
not limited to the following: a private person, public utility company,
public authority, municipality, corporation or organizations.
B.
Compliance. The permittee is responsible for compliance with the
terms and conditions of the permit by its employees, agents and contractors.
C.
Permit at work site. The permit must be located at the work site
and be available for inspection by a police officer or representative
of the Borough.
D.
Transfer of permit. After a permit is granted, it may not be assigned
or transferred without the written consent of the Manager.
E.
Annulment. In the event of willful failure or neglect by said permittee
or his employees to perform and comply with the prescribed conditions,
restrictions and regulations, the Manager may revoke and annul the
permit and order said permittee to remove any and all structures or
property belonging to said permittee, and covered by the permit, from
the legal limits of the street or other Borough property.
F.
Pennsylvania one-call. The permit does not waive any requirement
under the Underground Utility Line Protection Law (One-Call System).
G.
Execution. The permittee must use due diligence in the execution
of the work authorized under the permit in order to not endanger or
unnecessarily obstruct travel along the street. Operations will be
conducted at all times to permit safe and reasonable free travel over
the streets within the limits of the work herein prescribed. All safety
measures for the free movement of traffic must be provided by the
permittee at their own cost. The work zone must conform to the PennDOT
Publication 2113, Temporary Traffic Control Guidelines.
H.
Removal. If at any time the permitted structure or facility should
fail from any cause whatsoever, the permittee will have the same removed
or repaired within 48 hours after receipt of written notice to do
so, unless by reason of some extraordinary happening the Manager may
extend such time limit.
I.
Repairs. The conditions, restrictions and regulations herein written
also will govern all excavations, openings and trenches for the purpose
of making repairs to any poles, conduits, water, steam, oil or gas
pipes, sewers or other structures and facilities and appurtenances
thereto belonging.
J.
Location of trenches. Trenches for conduits, water, steam, oil and
gas pipes, sewers and other structures will be constructed in an approved
location by the Manager. The location of such facilities is subject
to the review of the Manager.
K.
Explosives. Use of explosives are not permitted.
L.
Cutting trees. The permission herein granted does not confer upon
the permittee the right to cut, remove, or destroy trees or shrubbery
within the legal limits of street or relieve permittee from obtaining
any consent otherwise required from the owner of the property adjacent
thereto.
M.
Storing materials. Excavated or other material must be placed or
stored on the side of the operation farthest from the road or pavement,
unless otherwise authorized by the Manager, and in such manner that
there will be no interference with the flow of water in any gutter,
drain, pipe, culvert, ditch or other waterway. Erosion and sedimentation
controls shall be installed as needed.
N.
Open trench. Trenches for construction along the roadway will not
be opened for a distance of more than 250 lineal feet at any time,
unless especially authorized by the Manager. Sidewalls of a trench
under four feet in depth shall be kept as nearly vertical as possible.
When over four feet in depth, the trench shall comply with the requirements
established by Occupational Safety and Health Administration (OSHA)
standards.
O.
Facilities encountered. Where a pipe drain, pipe culvert or other
structure or facility is encountered, it must be replaced, restored,
strengthened or protected by the Permittee in accordance with the
prevailing standards of the Permit and as instructed by the Manager.
P.
Pipes under pavement. In a case where it is necessary to cross under
any improved street cartway, the opening for a pipeline must be drilled,
bored, or driven so that the top of the pipe will not be less than
three feet below the surface of the road or highway. Trenching may
be authorized by the Manager in situations where trenchless methods
are not feasible. If trenching is approved by the Manager, not more
than one-half of the width of the pavement will be opened, the structure
then placed and the trench refilled with approved suitable material
and tamped with an approved mechanical tamper before disturbing the
remaining half of the road.
Q.
One-way traffic. Every attempt must be made to maintain traffic through
the work zone. When only one-way traffic is possible, the work zone
must conform to the guidelines set forth in PennDOT Publication 213,
Temporary Traffic Control Guidelines. The permitee shall furnish and
maintain upon the work site such signs, barricades, lights, and flagmen
as may be necessary to insure safe travel for vehicular and pedestrian
traffic. The Manager must approve the one-way traffic operation plan
prior to implementation.
R.
Poles. All poles must be placed on the outside of the ditch or gutter
lines, and in all cases a clear space greater than the width of the
berm or shoulder will be preserved between the near face of the poles
and the edge of the improved or traveled road, unless the Manager
authorizes otherwise. Poles will be placed outside barriers unless
otherwise permitted. No poles or other overhead structures may be
placed where they will obstruct the view of drivers on the road, nor
within five feet of any warning or directional sign, unless specifically
permitted, nor where they will obscure any street sign of warning,
direction or destination.
S.
Wires. All wires, appurtenances or supports which cross the roadway,
attached to poles or otherwise suspended, must be placed or erected
so as to provide a minimum vertical clearance above the surface of
street pavement as required by electric company standards and applicable
state and federal regulations.
T.
Guy wires. All guys must be placed so as to avoid interference with
traffic of any kind on the street, and must present a neat appearance
when installed. Installation of guys must conform to electric company
standards and applicable state and federal regulations.
The Borough requires that any permitted work in the Borough
right-of-way be subject to inspection by a Borough Inspector to ensure
that work in the Borough right-of-way is completed in a safe manner
and in accordance with current Borough standards.
A.
The Inspector shall monitor, through random and scheduled inspections,
the restoration of the Borough right-of-way and enforce construction
standards and restoration procedures.
B.
The Inspector must be contacted by the permittee to monitor the restoration
of the Borough right-of-way. Failure to properly notify the Inspector
of pending facility installation work or restoration work may result
in possible removal and replacement of facilities or additional restoration
work.
C.
The Inspector shall ensure that all restorations result in a condition
at least equal to that which existed before starting work.
A.
Restoration. All surplus excavated material must be removed and disposed
outside the legal limits of the street as the work progresses, unless
the approval of the Manager is obtained for disposal of the material
within the legal limits of the street. All parts of the street and
various structures disturbed will be restored to a condition equal
to or better than what existed before starting work. Guide rails will
be replaced to the present alignment, and to PennDOT Publication 72M,
Roadway Construction Standards.
B.
Base repair. Base repair of the roadway is required on all excavations.
When a concrete base is longitudinally cut, the full slab is to be
removed and replaced in kind. When a concrete base is laterally cut,
the contractor is to follow the PennDOT RC-26 standards. When the
edge of the pavement is two feet or less from the limits of the base
repair area, the base repair must extend to the end of the pavement
to avoid future roadway failure in that area.
C.
Asphalt pavement restoration.
(1)
The minimum pavement patch length parallel to the roadway centerline
is 10 feet long.
(2)
Anytime the driving lane surface is affected or damaged or has multiple
openings, the patch must extend from the pavement joint at the centerline
to the outside edge of pavement. If the road has been resurfaced,
paved, and improved within the past 10 years, the permittee must complete
permanent paved restoration of the entire width and length of the
road with an asphalt wearing course, unless otherwise approved by
the Manager.
(3)
When a new patch is within the limits of an existing patch, the limits
of the new patch must extend to the limits of the existing patch in
order to avoid multiple transverse joints in the roadway of that area.
(4)
When multiple openings are created along the roadway within 30 feet
of each other, the Manager may require continuous full lane or shoulder
paving along the entire length of the affected area.
(5)
When minimum pavement patch limits are to all within an intersecting
road or driveway, the patch limits must be extended beyond the apron
radius to the tangent point of the curb.
(6)
All pavement patches must be sealed and pavement markings must be
restored at the time of restoration in order to be accepted as completed
work by the Manager.
(7)
For winter restoration, the Manager may require a temporary cold
patch based on field conditions. Steel road plates will not be allowed
on roadway during winter operations.
(8)
The limits of pavement patches may be adjusted by the Manager based
on field conditions at the time of restoration after an on-site assessment
at the permittee's request.
(9)
Temporary repairs to bituminous pavement shall consist of the trench
being backfilled with select granular material and topped with at
least 3 1/2 inches of cold patch. In all cases, the permittee
is responsible for keeping temporary pavement repairs in good condition,
free of chuck-holes and soft spots, and to clean the street surface
of any debris or earth which may be carried over the street.
(10)
Final pavement restoration shall be made only between April
1 and October 31 each year. If, because of weather conditions or time
of the year, temporary paving and natural stone or gravel are utilized,
these temporary materials must be removed to a depth of at least 13
inches below finished street paving grade. All temporary materials
shall be removed and replaced with permanent repairs as soon as weather
conditions permit. All permanent repairs shall be made as follows:
(a)
If the trench length does not cross the center line of the cartway,
the entire disturbed lane shall be milled to a depth of 1.5 inches
and repaved after the trench has been properly backfilled and binder
installed as per the trench restoration detail(s). In areas where
the trench runs along or crosses the center line of the cartway, the
entire pavement width (curb-to-curb width) of the affected street
shall be milled (as needed) and repaved with wearing. All paving shall
run a length of a least 10 feet in excess of trench length on each
side of the disturbed area and be properly keyed in and sealed.
(b)
All restoration of bituminous pavement shall be performed to
the satisfaction of the Manager.
D.
Standard restoration. All restoration will be completed prior to
expiration of the permit. If the permittee, after making an opening
in the surface to place or repair a facility or for another purpose,
fails to restore a portion of the right-of-way to conform with this
section, the Manager will provide notice to the permittee. The permittee
will have 30 days to complete the restoration from the date of notice.
If the restoration remains incomplete after 30 days, the Borough reserves
the right to do the work, if practicable, and the permittee must reimburse
the Borough for the costs within 30 days after receipt of the Borough's
invoice.
E.
Backfilling trenches. An opening shall be backfilled by the permittee
in accordance with the following:
(1)
The opening may first be backfilled with fine aggregate materials,
meeting the requirements of Section 703.1 of PennDOT Publication 408,
or granular material to protect the facility, placed to a height not
to exceed one foot over the top of the facility, if the material is
compacted to not more than four-inch loose layers or as authorized
under PennDOT Publication 408. To help protect its facility from future
excavations, the permittee is required to place a permanent ribbon
colored under this subsection at least one foot above its facility.
If the facility is nonmetallic, the permittee is also required to
place a metallic ribbon at a depth from which the ribbon can be sensed
by typical metal locating instruments.
(2)
The opening shall then be backfilled with select granular material,
unless retained suitable materials, as defined in Section 459.1 (relating
to definitions), is authorized or other coarse aggregate material
meeting the requirements of Section 703.2 of PennDOT Publication 408
is specified in the permit. Select granular material or other aggregate
material will be required for use as backfill of openings in pavements,
paved shoulders, and improved (for example, oil and chip) shoulders
as well as unimproved (for example, stabilized or earth surface) shoulders
within three feet of the edge of pavement. Retained suitable material
will normally be authorized for use as backfill of openings outside
shoulders and in unimproved shoulders more than three feet outside
the edge of pavement and up to within three feet of the surface.
(3)
Backfill should be compacted as follows:
(a)
General rule. Except as provided in Subsection E(2) above, backfill material shall be placed in loose layers not to exceed eight inches if vibratory compaction equipment is used or as authorized under PennDOT Publication 408. Each layer shall be thoroughly compacted to preclude subsidence, under Section 601.3(e) of PennDOT Publication 408.
(b)
Compaction outside pavement shoulders. At least 15 days prior
to the start of work, the applicant may submit its written compaction
plan to the Manager requesting backfill in an opening outside the
pavement and shoulder to be placed in layers thicker than eight inches
prior to compaction. The compaction plan shall include full details
of equipment, materials and work methods as well as the permittee's
acknowledgement of its obligation and commitment to regularly monitor
the restored surface until 18 months after the acknowledged completion
of the permitted work and to promptly correct failure or subsidence
of the street.
(c)
Existing pavement elevation. Compaction shall be completed to
the bottom elevation of the existing pavement.
(4)
The Manager may require the permittee to have material proposed for
use as backfill and compacted material tested, at the expense of the
permittee, for conformance to the applicable gradation and compaction
requirements of PennDOT Publication 408.
(5)
Test holes shall be backfilled, as soon as safely possible, with
existing type material or other material authorized by the Manager
and sealed. The Manager may authorize test holes in the pavement or
shoulder to be restored without a one-foot cutback of the surrounding
surface.
(6)
All cuts, excavation, and backfill shall be performed to the satisfaction
of the Manager.
F.
Inlets, manholes, valve boxes and existing utilities. The permittee
must restore the street surface to match the existing utilities and
facilities within the Borough right-of-way. Should adjustments be
required to raise or lower the facilities during the restoration process,
it will be the responsibility of the permittee to arrange for the
grade adjustments.
G.
Surface disturbed. The permittee must restore the ground surface
within the limits of the work covered by the permit to a condition
equal to that existing prior to the opening of the trench, unless
otherwise provided in the permit, and must maintain it is such condition
for a period of 12 months after completion of the work.
An applicant shall deposit with the Borough a bond in the amount
hereinafter fixed, with good surety, said bond to be approve by the
Manager. The amount of said bond shall be as follows: at least $1,000
for each opening and at least $10,000 for an indefinite number of
openings. Said bond shall be given upon the condition that the principal
will indemnify and save the Borough of Bell Acres from any expense
for repairing and resurfacing such opening due to the failure of the
permittee to refill and resurface such opening in accordance with
the terms hereof and for the faithful compliance upon the part of
the permittee with all of the conditions of the permit granted, and
this article and the liability on said bond shall extend for a period
of one year after the resurfacing of such opening.
A.
Each applicant, upon the receipt of a permit, shall provide the Borough
with an acceptable certificate of insurance indicating that he or
she is insured against claims for damages for personal injury as well
as against claims for property damage which may arise from or out
of the performance of the work, whether such performance is by himself
or herself, his or her subcontractor or anyone directly or indirectly
employed by him or her. Such insurance shall cover collapse, explosive
hazards, and underground work by equipment on the street and shall
include protection against liability arising from completed operations.
The amount of the insurance shall be prescribed by the Manager in
accordance with the nature of the risk involved; provided, however,
that the liability insurance for bodily injury shall be in an amount
no less than $500,000 for each person and $1,000,000 for each accident
for the property damages, in an amount no less than $100,000, with
an aggregate of $300,000 for all accidents.
B.
Public utility companies and authorities may be relieved of the obligation
of submitting such a certificate if they submit satisfactory evidence
that they are insured in accordance with the requirements of this
article or have adequate provision for self-insurance.
C.
Public utility companies and authorities may also file an annual
certificate of insurance in lieu of individual certificates for each
permit.
If the work to be undertaken by the permittee is such that it
will affect the use of properties abutting or adjoining the project,
the Manager may require the permittee to submit a list of owners and/or
tenants and/or addresses of all properties abutting the area where
the work authorized by the permit is to be performed. Upon receipt
and Manager approval of such list, the permittee may be required to
give written notification to the affected property owners and/or tenants
of the proposed work to be done.
Restoration of surfaces within the street right-of-way must
be performed in accordance with the standard drawings on file with
the Manager.
A person, firm or corporation who shall violate any provision
of this article, upon conviction thereof in an action brought before
a magisterial district judge in the manner provided for in the enforcement
of summary offenses under the Pennsylvania Rules of Criminal Procedure,
shall be sentenced to pay a fine of not more than $1,000, plus costs,
and, in default of payment of said fine and costs, to a term of imprisonment
not to exceed 90 days. Each day that a violation of this article continues
or each section of this article which shall be found to have been
violated shall constitute a separate offense.
[Adopted 5-8-1989 by Ord. No. 138]
The Borough Council shall consider adopting
as a public street an existing opened street, not previously dedicated
to or laid out by the Borough, upon receiving a petition from a majority
in number and interest of the owners of the real estate abutting said
street, in accordance with the procedures set forth in the Borough
Code.[1]
[1]
Editor's Note: See 53 P.S. § 45101
et seq.
No existing opened street or road shall be adopted
as a public right-of-way unless and until it meets the following minimum
conditions and standards:
A.
Right-of-way width. A forty-foot minimum width, along
with an intersection right-of-way radius of 20 feet between any two
intersecting rights-of-way, if needed.
B.
Cartway width. An 18 feet minimum hard-surface cartway
width as hereinafter specified.
C.
Cartway location. The cartway center line must be
located within three feet of the right-of-way center line.
D.
Cartway structure.
(2)
Cartway subbase and base material must be free of
organic soil, clay and other soil conditions, with plastic or shrink/swell
tendencies. Soft spots and areas subject to springs or high water
table must be properly drained using a subsurface base drain or other
suitable methods. The final cartway surface must be free of excessive
dips, waves, potholes, ruts or similar defects.
E.
Drainage.
(1)
Water shall drain from all portions of the cartway
and right-of-way to a point of discharge deemed acceptable by the
Borough Council.
(2)
Drainage shall be accomplished by a cartway crown,
drainage ditch, inlets (catch basins), storm sewers or other measures
to provide adequate drainage control.
(3)
Any storm sewers installed must be of corrugated metal
material with an asphalt or polymer coating unless otherwise directed
by the Borough Council. All storm sewers shall have a minimum of 18
inches of compacted soil or aggregate cover if located outside of
the cartway area. Any storm sewer or cross drain located under the
cartway surface must be backfilled with compacted aggregate and also
have a minimum of 18 inches of cover. All storm sewers shall have
a minimum nominal diameter of 12 inches unless otherwise directed
by the Borough Council.
(4)
Inlets or catch basins installed shall be of a type
and size deemed acceptable by the Borough Council. Cast-iron grate
covers shall be utilized unless otherwise directed.
(5)
Cross drains shall be installed at points directed
by the Borough Engineer to allow for unimpeded flow of water underneath
the cartway as needed.
F.
Road grade. No roadway shall be accepted if it has
any portion in which the grade is greater than 15%.
G.
Culs-de-sac.
(1)
If a street petitioned for acceptance by the Borough
is a dead-end or nonthrough street, the terming of such street shall
consist of a permanent cul-de-sac, which shall be used as a turnaround
area. These culs-de-sac must be constructed of a surface as outlined
for cartways and must properly drain water from its surface. The cul-de-sac
shall have appropriate flares between the cul-de-sac and approaching
roadway unless otherwise directed by the Borough Council.
(2)
If a portion of a street is petitioned for acceptance
by the Borough and said street is not a dead-end or nonthrough street,
a temporary cul-de-sac must be placed immediately prior to that area
where the portion of street petitioned for acceptance meets the portion
of street not petitioned for acceptance. The cul-de-sac shall be constructed
the same as a permanent cul-de-sac. If the acceptance of other portions
of the same street occur later and the usefulness of the cul-de-sac
no longer exists, it may then be vacated and removed.
On-street parking of newly accepted streets
shall not be permitted unless otherwise directed by the Borough Council.
Prior to acceptance of any existing street by
the Borough, the petitioners shall provide the Borough Council with
a plan of survey of the roadway, which provides the following information:
A.
The street name.
B.
Plan view of the street at a scale not smaller than
one inch equals 50 feet, with the following information:
(1)
The right-of-way.
(2)
The cartway.
(3)
The stationing of the street.
(4)
The adjacent property owners.
(5)
The North point and graphic scale.
(6)
The legal description of the right-of-way.
(7)
The location of inlets, storm sewers, cross drains
and other drainage control measures.
(8)
The approximate location and size of utilities in
the right-of-way.
(9)
Bridges or large culverts.
