[Adopted 8-1-2007 by Ord. No. 20-2007]
The following words and phrases, when used in this article,
shall have the meanings ascribed to them in this section, except in
those instances where the context clearly indicates otherwise:
Any person who makes application for a permit.
January 1 through December 31, inclusive.
The City of Nanticoke, Luzerne County, Pennsylvania, its
elected officials, appointed staff, representatives or agents.
Soil cement, plain cement concrete, or reinforced cement
concrete. Material contained in the base of some City streets.
Actual expenditures incurred by the City for labor, equipment
and materials. These expenditures include all fringe benefits and
overhead.
Any unforeseen circumstance which calls to immediate action
to protect or safeguard life and/or property.
Work necessitated by the rupture or malfunction of existing
underground facilities which calls for immediate action to protect
or safeguard life and/or property or to restore disrupted public utility
service.
A fee paid by the permittee to the City of Nanticoke to defray
street opening inspection costs.
A fee paid by the permittee to the City of Nanticoke to cover
the costs of issuing, processing and filing the street opening permit.
Any person who has been issued a permit and has agreed to
fulfill all provisions of this article.
Any natural person, partnership, firm, association, utility
or corporation.
Any utility company, excluding corporate authorities of the
City, licensed by the Public Utility Commission of the Commonwealth
of Pennsylvania.
That portion of the street right-of-way reserved for sidewalks.
The entire right-of-way of a public street, public highway,
public alley, public road, or public easement within the City limits,
excluding the designated curb and sidewalk area.
Normal business day for the City government, i.e., Monday
through Friday, except as-designated holidays.
A.
The opening of the surface of any City street is prohibited unless
a permit is obtained for that purpose in the manner hereinafter described.
Such permit shall be granted through the City of Nanticoke when the
person applying for such permit files an application with the City
in compliance with the provisions of this article and pays to the
City the amount hereinafter stated.
B.
Any person working in the vicinity of a City street who in any manner
disturbs such street or who in any manner causes damage to a street
shall be required by this article to obtain a permit and correct this
damage in accordance with the standards set forth herein. Street opening
permits will not be required for persons excavating adjacent to the
curb for the express purpose of installing or replacing curbs and/or
sidewalks.
C.
The obtaining of street opening permits by City departments and its
corporate authorities shall be waived when work to be performed is
completed by their own personnel. All contractors performing work
under contract for the City or City corporate authorities shall obtain
the street opening permit for street opening work. Public utilities
shall obtain the street opening permit for street excavations performed
by their own forces or by contractors.
D.
In the event that street openings are necessitated by emergencies
or emergency repairs, street opening permits shall be obtained on
the first regular business day on which the office of the City is
open for business, and said permit shall be retroactive to the date
when the work was begun. A person performing street openings for an
emergency or emergency repair must verify the emergency nature of
the circumstance in writing to the City of Nanticoke within five days
after such emergency.
A.
When the City and/or the Pennsylvania Department of Transportation
shall reconstruct or resurface any street, the City Council of Nanticoke
shall first serve written notice by registered mail of such improvements
to all persons owning property abutting the street about to be improved
and to all public utility companies operating in the City. Within
90 calendar days from receipt of such notice, all notified persons
shall complete or cause to be complete all necessary repairs and replacements
of utility mains, service connections, and/or laterals existing under
the street and designated curb and sidewalk areas. Notified persons
shall also complete or cause to be completed any new installations
under the street and designated curb and sidewalk areas required for
use within a five-year period thereafter. All repairs, replacements
and new installations shall be in first-class condition so that the
same cannot reasonably be expected to require repairs within a period
of five years thereafter.
B.
Upon failure of any notified person or persons to comply with notice
from the City to place the same in first-class condition as hereinbefore
provided, the City shall cause existing utility mains, service connections,
and/or laterals to be placed in first-class condition as aforesaid
or to be entirely removed if not used or necessary for the public
convenience, whereupon the City shall be entitled to collect the cost
of such renewals, repairs, caulking or removal or other work from
the aforesaid responsible person or persons, either by invoicing the
person or persons or, in the case of water or sewer hose connections,
by filing municipal liens therefor against properties benefitted by
such connections.[1]
C.
This section shall not forbid, however, the installation of new pipes,
conduits or other services or structures or the repair, replacement
or removal of those already existing, in or under the portions of
such highways improved as aforesaid, by tunneling beneath paving in
accordance with the ordinances of the City and the directions of the
City Council or the Pennsylvania Department of Transportation, upon
obtaining a permit therefor from the City and upon payment to the
City of the same fees as prescribed by the provisions of this article
for making a surface opening in the highway of the same dimensions.
Street opening permits shall only be granted upon compliance
with the following express provisions:
A.
A written application shall be filed with the City Council for making
all street openings or excavations, and the same shall be signed by
the person desiring such permit. Such application shall set forth
the purpose for such excavation is to be made; the size and location
of the same; the full scope of work to be included in the project;
the date or dates during which such excavation is to be permitted;
the date such excavation is to be refilled and resurfaced in the manner
hereinafter provided; and shall provide that the applicant agrees
to faithfully comply with each and every provision contained in this
article. An applicant shall furnish a drawing of the proposed opening
site if requested by the City. Items required on the drawing shall
be specified at the time of request.
B.
Prior to the issuing of such permit, every such applicant shall pay to the City the amount hereafter required for the purpose hereinafter provided and shall exhibit to the City Council a receipt for the amount aforesaid. No permit shall issue until the applicant has filed with the City Council evidence of insurance in compliance with Subsection G of this section.
C.
No permit shall be granted to any applicant unless the applicant
shall have paid to the City any and all monies then due to the City
for prior excavations made or for any loss, damages or expense in
any matter occasioned by or arising from the excavation of streets
of the City under prior permits. Except in emergency situations or
for emergency repairs, the City shall, at its discretion, be permitted
to deny the opening of a street which has been resurfaced or reconstructed
within a five-year period before the date of request for the street
opening.
D.
Except in emergency situations or for emergency repairs, applications
for street openings shall be submitted to the City at least two workdays
prior to the proposed date of excavation. The City shall review each
application and grant or deny the applicant's permit upon completion
of the review.
E.
No street opening shall be performed, except in the case of emergencies
or emergency repairs, when seasonally prohibited or, in the judgment
of the City Council, working conditions are unreasonable for such
work.
F.
The applicant for a pave cut permit shall protect, defend, indemnify
and save harmless the City, its officers and/or agents thereof from
all claims, suits, actions and proceedings of every nature and description
which may be brought against the City, its officers and/or agents
thereof for or an account of any injuries or damages to persons or
public or private property because of any materials, appliances or
machinery used in the work, or by or on account of improper materials
or workmanship, or for or on account of any accident or any other
act, negligence or omissions of the applicant, or his agents, servants
or employees, and the City shall not in any way be liable therefor
during the period of the work progress and the two-year guarantee
period following the completion of the work.
G.
The applicant shall secure insurance which shall include protection
against liability arising from personal injury, property damage, underground
utility damage, completed operations, and collapse of any property.
Minimum insurance shall be:
(1)
Liability insurance per individual: $250,000; with limit for each
occurrence for bodily injury of $500,000.
(2)
Liability insurance for property damage: $250,000.
(3)
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 City Council. Such evidence of insurance
must include the provision that the City shall be given proper advance
notice of at least 30 days of cancellation or any material alteration
in the applicant's policy.
A.
New permit administration fee and minimum inspection fee shall be
paid to the City Council prior to permit issuing. The City shall have
the right to waive fees for contractors performing work under contract
with the City.
B.
The permit administration fee shall be in the amount as set by resolution
of the City Council of the City of Nanticoke. The minimum inspection
fee to accompany the application shall be set by resolution from time
to time by the City Council of the City of Nanticoke. The inspection
fee shall be increased as necessary to cover the costs incurred by
the City.
A.
All street opening permits are subject to revocation at any time
by the City after written notice, for:
(1)
Violation of any condition of the permit;
(2)
Violation of any provision of this article or any other applicable
ordinance or law relating to the work;
(3)
The existence of any condition or the doing of any act constituting
or creating a nuisance or endangering the lives or property of others.
Written notice of such violation shall be served upon the person to
whom the permit was granted or his agent or employee engaged in the
work. Such notice shall also contain a brief statement of the reasons
for revoking such permit. Notice may be given either by personal delivery
thereof to the person to be notified or by United States Mail, addressed
to such person to be notified.
B.
The permittee may be given the opportunity to make corrections in the work as required by City Council or its agent. If the corrections are not completed in the specified time or not completed as specified, the City Council or its agent may suspend all work, whether completed or in progress, in noncompliance with this article or the permit and may take appropriate safety precautions. All work performed or contracted for by the City to obtain compliance in this regard shall be billed to the permittee, who shall be liable for said costs. In addition, a penalty for noncompliance shall be imposed as provided in § 450-19 of this article.
If the permittee fails to make adequate corrections to work found in noncompliance with this article or the permit in the time specified by the City Council or its agent, a penalty shall be imposed as provided in § 450-19 of this article until the corrections are completed to specifications. In addition, the permittee shall be liable for the cost of doing the work performed by the City or contracted for by the City to attain compliance with this article or the permit. The permittee agrees to reimburse the City for all fees and costs incurred by the City in the collection of the cost of doing the aforesaid work if the permittee fails to pay the invoiced amount within 30 days.
The penalty for any of the following violations shall be a fine
not to exceed $1,000 plus costs or imprisonment for a term not the
exceed 90 days, or both:
A.
For cutting new pavement.
B.
For failure to obtain a permit.
C.
For noncompliance.
D.
For each removal, alteration, burial of limestone or monument, and
failure to report same.
E.
For each failure to restore test borings.
F.
For each failure to obtain a permit or, having
obtained a permit, to comply with any of the requirements of this
article, and each and every day which such violation shall continue
shall constitute a separate offense. The City reserves the right to
deny the issuance of future street opening permits to any person who
violates the provisions of this article.
If any permittee is unable to complete street opening work on
or before the date specified in the permit, the permittee shall file
a written application for extension of time with the City Council.
The written application shall be in letter form and shall thoroughly
explain the reasons for the extension of time plus the additional
length of time required. A fee as set from time to time by resolution
of the City Council shall accompany the application. This fee shall
defray the costs of processing and filing the application.
A.
The permittee shall be responsible for backfilling and paving the
opening and restoring the street surface to its original condition.
B.
Backfilling. The City of Nanticoke must be notified in advance of
all backfilling of pave cuts. Backfilling will be done in such a manner
as to obtain compaction throughout the entire length of backfill not
less than that which exists adjacent to the excavation. Type 2B modified
subbase material or select granule material shall be used in all excavations.
The method of backfill shall be consistent with good engineering practice,
i.e., the material shall be placed in layers not to exceed six inches
properly tamped using a mechanical tamper or mechanical vibrator up
to the bottom elevation of the pavement structure.
C.
Restoration — generally.
(1)
Prior to the placement of the base course, the existing base and
surface must be exposed six inches on each side of any failures that
may have developed. The rigid base course shall be replaced with high
early strength concrete when temperatures are below 40° F., for
temperatures above 40° F., 300 psi concrete shall be used for
the full depth of the adjacent base on a minimum of eight inches to
the bottom elevation of the existing asphalt wear course. After placement,
the concrete shall be cured in accordance with Section 704.1 of PennDOT
Form 408.
(2)
Following the concrete curing, a tack coat of bituminous material,
type E1, will be applied. Restoration of flexible base pavements shall
consist of BCBC for the full depth of adjacent permanent base or four
inches deep, whichever is greater. The wearing course shall be placed
at a minimum depth of two inches and rolled to conform with the existing
road and the edges sealed.
(3)
Surface treatments such as sand or chip seals are prohibited. On
long cuts, 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, regardless of size, must be permanently restored.
D.
Restoration — temporary. All restorations of pave cuts made
with cold patch shall be considered temporary. The permittee is responsible
for all costs and expenses of making and maintaining temporary and
permanent restorations of disturbed areas. Temporary restoration consists
of a minimum of three inches of bituminous material and is maintained
in place until permanent restoration can be made.
E.
Restoration — permanent. The restored pavements shall be guaranteed from failure from the date of completion through two winters. Permanent restoration must be completed within 30 days of the initial cut, except in closed season. Any cuts made in the months of November through March shall be permanently restored within 30 days after hot asphalt becomes available. Any failure of restoration will be reported to the permittee, and repairs by the permittee will begin within 24 hours after notification. Upon failure of the permittee to repair the cut in a satisfactory manner, the City shall have the option to do the work or to contract to complete the work and bill the permittee. In addition, penalties for noncompliance shall be levied against the permittee, as provided in § 450-19.
F.
Restoration — full-width resurfacing.
(1)
When street pavement is less than five-years-old, the permittee shall
restore the pavement by installing a one-and-one-half-inch ID-2 wearing
course for the full width of the existing pavement, curb to curb or
shoulder to shoulder. The full-width wearing course shall be installed
immediately after placement of the required base course over the trench.
(2)
In all City streets, regardless of age, full-width resurfacing shall
be performed when the length of the trench is greater than 25 linear
feet or two cuts are made within 100 feet.
G.
Restoration — special. The permanent restoration of special
type pavements, such as concrete, brick, belgium block, cobblestone
gutters or tiles, shall consist of re-laying the original wearing
course in accordance with the original installation specifications
in such a manner as to prevent settlement or other deterioration.
H.
Testing and inspection.
(1)
The City Engineer may inspect all pave cuts. Fees shall be charged,
and the cost of such inspection shall be charged to and payable by
the permittee. Such inspection fees shall not constitute acceptance
and approval of work performed by the permittee, but it is understood
that such acceptance and approval does not relieve the permittee of
any responsibility under this article throughout the guarantee period.
(2)
Inspection of small cuts having an area of five square yards or less
shall not require visible observation when the work is in progress
but may be approved or rejected through subsequent examinations or
testing.
I.
The City Engineer shall have the full authority to establish standards
for paving and backfilling materials and associated procedures. Details
specifying paving and backfilling procedures and materials shall be
obtained from the City Engineer in writing prior to any street opening
work. Any modification of the aforesaid standards for backfilling,
restoration and paving may be made by the City Engineer in writing
on any given project when, in the opinion of the City Engineer, such
modification will be in the public interest.
In case the work has not been completed before the date of expiration
as shown on the permit, which time shall be fixed when the permit
and/or time extension is granted, the City may take steps to backfill
the trench and replace the street surface over the opening for which
the permit has been issued. The City shall invoice the permittee for
all costs incurred by the City in the performance of this work, and
the permittee agrees to make payment within 30 days to the City. The
permittee further agrees to reimburse the City for all fees and costs
incurred by the City in collecting this amount from the permittee
if the permittee fails to pay the invoiced amount within 30 days.
A.
The permittee shall assume all responsibility for the excavation
made by such party, for refilling the same, and for all damages that
may arise by reason of the digging of such trenches or excavations.
Whenever it is determined by the City Engineer that, in the best interests
of the City, it is necessary to assign additional street opening inspectors
to supervise excavation, backfill or pavement restoration operations,
such inspectors shall be paid by the permittee at a rate per day to
be fixed by the City.
B.
The City is authorized to make such other rules and regulations for
the excavation of streets which it may deem necessary for the proper
maintenance of the street surface due to excavations, which rules
and regulations shall be printed upon the permit granted or forwarded
from the City in writing from time to time.
A street opening permit shall be obtained for any test hole
or test boring work. No test holes or borings shall be made in or
upon a greater surface of the highway than is specified in such permit,
and no excavation or test holes shall interfere with any of the water
pipes, sewers, drains of the City, or any other underground utility
service. Test holes having an area of four square inches or less shall
be filled by the applicant with a grout composed of one part cement,
two parts sand and a sufficient quantity of water, filled to the surface
of the highway, and the surrounding surface of the highway shall be
placed in the same condition as before. Test holes greater than four
square inches in area shall be backfilled in accordance with the provisions
of this article, unless otherwise directed in writing by the City
Engineer.
No line stone or monument in the City shall be removed, altered,
or buried at any time. When pave cuts or road construction require
the temporary removal of a line stone or monument, it must be preserved
at the site and reset at the direction of the office of the City Engineer.
All costs incident thereto, including surveys, shall be charged to
the permittee. A penalty shall be imposed for failure to report the
removal or alteration of a line stone or monument. Burial or paving
over a line stone or monument shall carry a penalty for each stone
or monument covered. In addition, all costs incidental to exposing
or resetting a line stone or monument shall be charged to the permittee.
No street in the City may be completely closed to traffic at any time during a pave cut without prior written permission of the City. One lane of traffic must be able to pass unobstructed at all times. Flagpersons must be posted at the limits of work at all times to direct traffic through the work area, and all established traffic patterns must be maintained at all times. If all other means of traffic control have been exhausted, the City may permit a road to be completely closed temporarily only with the prior written consent of the City Manager. When an emergency exists, the Fire and Police Chiefs and the City Manager shall be notified. An application form for a permit to close a street will be available from the City Manager. The completed application bearing the signatures of the before-mentioned officers shall be returned to the applicant and shall constitute a permit. A penalty as provided in § 450-19 shall be imposed for failure to notify the Fire and Police Chiefs.
A.
All gutters and drainage devices must be left open so as not to obstruct
the free passage of water and the sidewalks and the footways must
be kept in a safe and passable condition. All excavations or material
from them shall have placed upon them sufficient lights and barricades
to identify them from all directions during the day and after dark.
All excavated material and waste material shall be removed daily from
the street or sidewalk area.
B.
The permittee shall provide and maintain such barricades, warning
signs, and flagpersons as may be deemed necessary by the City to prevent
accidents to the public. Minimum precautions must include, but should
not be limited to, advance warning signs on all approaches to the
work, safe crossing for pedestrians, and barricades with flashers
on each exposed side of an excavated area at fifty-foot intervals.
If for safety purposes the City deems it necessary to install additional
warning devices, i.e., lights, barricades or signs, or to remove excavation
or waste material, the permittee shall be notified of the decision
and shall receive instructions pertaining thereto. In case of emergencies,
the City may install all additional warning devices deemed necessary.
The City shall invoice the permittee for rental and installation costs
incurred from the date of installation until the permittee installs
warning devices.
C.
If after notice the permittee fails to install such devices or fails
to remove excavated waste or other material, the City shall invoice
the permittee for rental and installation costs incurred from the
date of installation until the date or removal or for excavation,
waste or other removal costs. The permittee agrees within 30 days
of the invoice date to make payment to the City; the permittee further
agrees to reimburse the City for all fees and costs incurred by the
City in the collection of this amount from the permittee if the permittee
fails to pay the invoiced amount within 30 days. All openings shall
have a sign at least 12 inches by 18 inches clearly displayed with
the contractor's name and phone number.
In no case shall a permittee open or remove a greater area of
street surface than specified in the original application. The permittee
shall not open any street area at any location not specified in the
original street opening permit. If the permittee determines during
construction that an additional area of the street will have to be
opened, he shall notify and secure permission from the City for the
additional opening. Upon receipt of permission, the permittee shall
file a supplementary application for the work no later than the next
workday. Fee amounts specified in this article shall be followed for
any subsequent fees associated with supplementary applications.
The permittee shall guarantee and maintain his work for 24 months
from the completion of the restoration and replacement work. Within
this twenty-four-month period, upon notification from the City of
necessary correction work required, the permittee shall correct or
cause to be corrected all restoration work required within five calendar
days of receipt of the notification. The City Engineer shall determine
the extent of restoration required and the method of correction. Any
and all work not completed within this five-day period may be completed
by the City. The City shall invoice the permittee for all costs incurred
by the City in performance of this work. Payment not made within 30
days of the invoice date will be chargeable against the permittee,
including all fees and costs involved in the collection of this payment.
The permittee agrees within 30 days to make payment to the City. The
permittee further agrees to reimburse the City for all fees and costs
incurred by the City in the collection of this amount from the permittee
if the permittee fails to pay the invoiced amount within 30 days.
For small area pave cuts, i.e., those less than 25 linear feet,
the permittee shall be required to complete the temporary restoration
within 48 hours of the initial cut during the normal working week,
excluding holidays and weekends. Extension time may be allowed upon
written application to the City Engineer, provided the permittee substantiates
sufficient reasons for the extension requested. Work on big cuts,
i.e., those 25 feet or more in length shall proceed in a continuous
manner and be completed in a reasonable time in accordance with the
time limits imposed by this article and the permit and any written
extension granted by the City Engineer as being in the public interest.[1]
