As used in this article, the following terms shall have the
meanings indicated:
ADJACENT AREA
The area surrounding the immediate area of the permitted
work which can reasonably be assumed to have been affected by the
permitted work.
BACKFILL
Material used to replace or the act of replacing material
removed during construction.
BASE COURSE
The layer or layers of specified or selected material or
designed thickness placed on a subbase or a subgrade to support a
surface course.
BOROUGH
The Borough of Honesdale, Wayne County, Pennsylvania, a Pennsylvania
municipal corporation, acting by and through its Council.
EMERGENCY REPAIR
Repair to a utility undertaken under Section 459 to repair
damage resulting from a vehicle accident or collision with the facility,
a failed component or storm damage. The term does not include service
connections or disconnections unrelated to vehicle accident, a failed
component or storm damage.
EQUIPMENT
Machinery and equipment, together with the necessary supplies
for upkeep and maintenance, and tools and apparatus necessary for
the proper construction and completion of the work.
FLEXIBLE BASE PAVEMENT
A pavement structure which maintains intimate contact with
and distributes loads to the subgrade and depends on aggregate interlock,
particle friction and cohesion for stability.
IMPROVED AREA
The area within the right-of-way which has been constructed
for roadway purposes, including roadbed, pavement, shoulders, slope,
sidewalks, drainage facilities and other appurtenances.
INSPECTOR
The Borough's authorized representative assigned to inspect
permit operations.
PAVEMENT
The combination of subbase, base course and surface coarse
placed on subgrade to support the traffic load or distribute it to
the roadbed, or both. The term normally includes the traveled portion
of the street and extends to the face of the club in curbed sections.
The term does not include shoulders.
PERMIT
A street or highway occupancy permit issued by the Borough
of Honesdale under these regulations.
PERSON
A natural person, firm, copartnership, association, corporation,
authority or political subdivision.
PLANS
Drawings which show the location, character and dimensions
of the proposed occupancy and related roadway features, including
layouts, profiles, cross sections and other details.
RIGHT-OF-WAY
The area which has been acquired by the Borough for roadway
purposes.
SEAL COAT
A thin treatment consisting of bituminous or other approved
material, usually covered with aggregate, applied to the surface course.
SHOULDER
The existing improved or graded portion of the roadway, contiguous
to the traffic lanes, for accommodation of stopped vehicles, for emergency
use or for lateral support to the surface coarse of pavements.
STREET
A roadway or bridge on the system of Borough roadways and
bridges, including the entire width between right-of-way lines, over
which the Borough has assumed or has been legislatively given jurisdiction.
SUBBASE
The layers of specified or selected material of designed
thickness placed on a subgrade to support a base course.
SUBGRADE
The top surface of a roadbed upon which the pavement structure
and shoulders, including curbs, are constructed.
SUITABLE MATERIAL
Soil, granular material or shale meeting the specifications
in the Pennsylvania Department of Transportation Specifications, Publication
408 (latest edition), in Section 206.2 when placed and compacted under
Section 459.8(g) of said publication.
SUPPLEMENT
An amendment to a permit issued, in writing, by the Borough.
SURFACE COURSE
One or more layers of pavement structure designed to accommodate
the traffic load, the top layer of which resists skidding, traffic
abrasion and the disintegrating effects of climate. The top layer
is sometimes called the "'Wearing course."
UTILITY
A person owning a utility facility, including any wholly
owned or controlled subsidiary.
UTILITY FACILITY or FACILITY
Privately, publicly or cooperatively owned lines, facilities
and systems for producing, transmitting or distributing communications,
power, electricity, light, heat, gas, refined petroleum products,
liquefied petroleum gas (LPG), crude products, coal, water, steam,
waste, stormwater and other similar commodities, including fire and
police signaling systems and streetlighting systems, which directly
or indirectly serve the public or any part thereof.
VEHICLE
Every device which is or may be moved or drawn upon a street
or roadway.
Except as provided for in Subsections A through D below, no
work may be performed within the right-of-ways of the Borough of Honesdale
involving the placing of utility facilities or other structures or
opening of the surface without first obtaining a permit from the Borough
of Honesdale.
A. Emergency repairs of utility facilities may be performed by the owner
of the utility without first obtaining a permit, provided that an
application for a permit, as provided for herein, shall be made no
later than three business days following the emergency opening.
B. A permit is not required for modifying parts of existing permitted
facilities, such as cable within conduit, cross arms or transformer
poles, or manhole riser rings prior to resurfacing if no opening in
the surface is required.
C. A permit is not required for stringing overhead utility lines.
D. A permit is not required for accessing an existing utility facility
through a manhole.
E. From November 15 through March 15, there shall be no street openings
or excavations whatsoever, except in emergency conditions, and then
only under the strict supervision of the Honesdale Borough Director
of Public Works.
[Added 4-22-2016 by Ord.
No. 671; amended 12-20-2018 by Ord. No. 692]
Upon approval of an application submitted hereunder, a permit
will be issued by the appropriate Borough official, subject to the
regulations hereunder and any conditions contained in the permit and
its attachments and supplements. The permit shall be the applicants
authority to proceed with the work specified in the permit. A copy
of the permit and relevant plans shall be available at the work site
for review.
The permittee may request a supplement to a permit to amend
a permit condition, such as revising the traffic control plan or extending
the permit expiration date. A permit is valid for a period of six
months, or multiples thereof as specified on the permit, subject to
the following:
A. If the permittee has not completed the authorized work by the expiration
date of the permit, an application shall be submitted requesting a
time extension on the permit.
B. If approved, a supplement to the permit authorizing a new completion
date will be issued by the Borough.
C. No extension of the permit will be authorized unless the permittee
obtains an extension on the duration of the bond, insurance or other
security required as a condition of the permit. Said extension shall
correspond with the permit time extension.
D. No work may be performed on an expired permit until a time extension
supplement or new permit is obtained.
The permittee shall notify the Borough at least one business
day in advance of the backfilling of and excavation permitted hereunder.
Emergency repairs involving the placing of facilities or opening
of the surface within the right-of-way may be performed prior to obtaining
a permit if the following procedures are adhered to:
A. The utility facility owner or operator shall promptly notify the
Borough's Director of Public Works by telephone when the necessity
for emergency repairs occurs during the hours of 8:00 a.m. to 4:00
p.m., Monday through Friday. Emergency work occurring at other times
shall be reported to the Borough on the following workday. A one call
is not considered notification to the Borough Streets Department.
B. A permit shall be applied for within three business days to confirm
and set forth, in detail, any work performed.
C. Any emergency work performed shall comply with the technical standards
contained herein.
D. Borough reserves the right to inspect all construction activities
within Borough streets and ROW at the expense of the permittee.
Indemnification of the Borough for property and personal injury
will be governed by the following: The permittee shall fully indemnify
and save harmless and, if requested, defend the Borough, its officers
agents and employees of and from liability for damages or injury to
persons or property in a claim or suit seeking to impose liability
on the Borough, its officers, agents and employees, arising out of
an act or omission of a contractor, agent, servant, employee or person
engaged or employed in, about or upon the work, by, at the insistence
of or with the approval or consent of the permittee or his/her agent
to comply with the permit or this article.
The responsibility of the permittee for restoration of, or damage
to, the roadway includes the following:
A. If there is a failure of the roadway, including a slope or other
appurtenance thereto, in the area of the permitted work within five
years after the acknowledged completion of the permitted work and
there is no similar failure of the roadway beyond the area of the
permitted work, the permittee has absolute responsibility to make
temporary and permanent restoration or repairs of the area unless
the permittee delivers clear and convincing evidence to the Borough
demonstrating that the failure was caused by another person or for
reasons unrelated to the permitted work performed.
[Amended 1-10-2011 by Ord. No. 642]
B. In situations where the permittee has the responsibility to restore the roadway, including slope or other appurtenances thereto, under Subsection
A above, the permittee has the duty to restore the area in accordance with the permit or to the state that existed prior to the permitted work. If the permittee fails to restore the area properly, the Borough reserves the right to do the work and shall be reimbursed for the costs, by the permittee, within 30 days after receipt of the Borough's invoice.
C. The obtaining of a bond, other security or an agreement to secure restoration costs does not relieve the permittee of the restoration obligations imposed by Subsections
A and
B above. The obtaining of a bond, other security or an agreement to secure restoration costs will not act as a release of the permittee from the liability under principles of tort law with respect to a failure of the roadway, in the permitted area, occurring after the expiration of the bond, other security or agreement.
Acknowledgment by an Inspector of the Borough that all or part
of the permitted work has been completed does not constitute approval
or acceptance of the work or agreement that the work was performed
in accordance with the permit. Acknowledgment of completion by the
Inspector will not act as a release of the permittee or a waiver by
the Borough of its rights to seek performance or restitution from
the permittee.