[Adopted 10-15-2007 by Ord. No. 1212 (Ch. 1024 of the 1979 Codified Ordinances)]
The following words and phrases, when used in this article, shall have the meanings respectively ascribed to them:
BOROUGH
Borough of Bellefonte.
EMERGENCY ACTION
Any event which may threaten public health or safety, including but not limited to leaking water- or gas-conduit systems; damaged, plugged or leaking sewer or storm drain conduit systems; damaged underground electrical and communication facilities; or downed overhead pole structures.
EXCAVATION
Any opening/cut in the surface of a public right-of-way made in any manner whatsoever, except an opening in a lawful structure below the surface of a public right-of-way, the top of which is flush with the adjoining surface and so constructed as to permit frequent openings without injury or damage to the public right-of-way.
FACILITY
Pipe, pipeline, tube, main, service, trap, vent, vault, manhole, meter, gauge, regulator, valve, conduit, wire tower, pole, pole line, anchor, cable, junction box, or any material, structure or object of any kind or character, whether enumerated herein or not, which is or may be lawfully constructed, left, placed or maintained in, upon, along, across, under or over any public place.
NEWLY CONSTRUCTED, RECONSTRUCTED OR REPAVED STREETS
Any street that has been newly constructed, reconstructed or repaved within the last 10 years.
PERMITTEE
A person who has obtained a permit as required by this article.
PERSON
Any individual, firm, company, association, corporation, trust or governmental authority, partnership, public or private corporation or authority, trust, estate, governmental entity, or agency or political subdivision of a municipality, the Commonwealth of Pennsylvania, or other legal entity, or their representatives, agents or assigns. The singular shall include the plural where indicated by the context.
PUBLIC RIGHT-OF-WAY
Any public street, way, place, sidewalk, park, square, plaza or any other similar public property owned or controlled by the Borough and dedicated to public use, and any dedicated but unordained street or way.
UTILITY
A private company, corporation or quasi-municipal corporation under the direction and control of the Public Utility Commission, as defined in 66 Pa.C.S.A. § 102, as it may hereinafter be amended.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
A. 
No person, firm or corporation shall cut or dig open the paved roadway of any public right-of-way within the Borough without first obtaining a permit therefore from the Borough. Street opening permits will be valid for up to six months from the date of issue. All permitted work shall be completed within those six months. A time-extension permit supplement will be issued to extend the completion time an additional six months. The cost for each supplement is as established by resolution of the Borough Council.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. 
All fees related to the street opening permit shall be established by resolution of Borough Council and may be changed from time to time by the same procedure.
C. 
A permit is invalid until it is paid in full by check or money order, payable to "Bellefonte Borough," at the receipt of the completed permit or within 30 days of monthly invoice date, if applicable.
Nothing in this article shall be construed to prevent the making of such emergency excavations as may be necessary for the preservation of life or property or for the location of trouble in conduit or pipe or for making emergency repairs, provided that the person making such excavation shall apply to the Borough for such a permit on the first working day after such work is commenced. Before any excavation work is started, the person or utility excavating must contact all utilities for on-the-spot locations in accordance with PA One Call System.[1]
[1]
Editor's Note: See 73 P.S. § 176 for definition.
A. 
Application for a street opening permit shall be made in writing on the forms prescribed by the Borough. The application shall indicate the property street address, location and description of the area for which such cut(s) or opening is to be made; the name and address of the applicant; dimensions; purpose of the proposed cut or opening; approximate time required to complete the work, and a copy of an approved Work Zone Traffic Control figure (Pub. 203).
B. 
Application for a supplemental street-opening-permit time extension shall be made in writing on the forms prescribed by the Borough. The application shall indicate the original permit number, expiration date, and a written explanation as to the reason for the supplement.
C. 
To avoid work delays, submit your application to the Borough at least five working days in advance of the anticipated date work is to commence.
A. 
Before the issuance of a street opening permit, the applicant therefor, as principal, shall execute and file with the Borough a street opening bond conditioned that the applicant shall fully and completely perform all acts and requirements with respect to the restoration and maintenance of the highway and the payment of the cost of such restoration and maintenance. A reputable surety company licensed to do business in the Commonwealth of Pennsylvania shall execute such bond.
B. 
All persons desiring to open a street shall submit to the Borough a bond properly executed which will be filed. Such bond shall be in the amount of $50,000 and shall cover street opening work performed in one calendar year and shall be for the same amount each year thereafter, unless otherwise adjusted by the Borough.
For purposes of this article, every permittee shall maintain at all times a minimum of $1,000,000 public liability insurance coverage protecting himself, his agents and the Borough from all such claims for damages or injuries and naming the Borough as an additional insured. Evidence of such coverage shall be a condition precedent to the issuance of any permit hereunder and shall be submitted in a form satisfactory to the Borough.
A. 
Borough regulations do not permit closure of Borough streets as a matter of course with issuance of a street opening permit. Specific approval to close a street or to materially alter traffic patterns must be obtained from the Borough Council. In an emergency, the Borough Manager or Police Chief may grant approval. In every case, the permittee's request to close or alter traffic must include precise location, reason, work methods, time and date, and what alternatives were considered.
B. 
The Borough reserves the right to require work hours of 9:00 a.m. to 3:00 p.m. and 6:00 p.m. to 6:00 a.m. in heavily traveled streets. Permittees will be required to place steel plates, pinned in place, to maintain traffic flow during nonworking hours in such areas (also see § 495-42). Such authority shall include, but not be limited to, the power to require that work be done on a continuous, around-the-clock, twenty-four-hour basis. It shall be the permittee's responsibility to notify the Police Department two days prior for no parking and/or parking meters to be bagged within work area. The cost of meter bagging and loss of revenue is to be paid by the permittee in addition to the base permit fee.
A. 
All permittees are responsible to notify businesses and residences that will be affected by street opening work that blocks, restricts traffic flow or prevents the usual parking in the area affected by the work. This notification shall be given by "door-to-door" notices in the work site area at least 48 hours prior to commencing work.
B. 
All permittees shall furnish material and traffic control devices necessary for the maintenance and protection of traffic and pedestrians, conforming to PennDOT Work Zone Traffic Control, 67 Pa. Code, Chapter 203, until the roadway is restored to the condition as required. If at any time a detour may be required, the permittee shall first contact the Borough.[1]
[1]
Editor's Note: See PennDOT Publications 46 and 213. 67 Pa. Code, Chapter 203, is now "reserved;" see 67 Pa. Code, Chapter 212, Official Traffic Control Devices, for temporary traffic control provisions.
A. 
All existing pavements shall be saw cut. Cut shall be full depth of the concrete or base thickness, and care shall be taken in removing the concrete to ensure that the slab breaks on the next line produced by the concrete saw. Asphalt concrete pavement and all excavated material shall be removed from the site. There shall be no storage of any material on the street surface.
B. 
All excavation, trenching and shoring, and the like, shall be performed in a manner that meets with OSHA Department of Labor, Safety and Health regulations for construction. It is the responsibility of the permittee, therefore, to understand and abide by all OSHA regulations concerning trenching and shoring, as outlined in the OSHA Technical Manual, Section V, Chapter 2.
C. 
All permittees are responsible to notify the Borough in advance of all excavations within the Borough right-of-way.
D. 
All permittees are responsible to notify the Borough with 24 hours' advance notice prior to any concrete and/or final restorations in order to schedule the inspection visit to each location/site.
A. 
Under the six-month street opening permit, from the time street opening/cut excavations are completed or filled with temporary cold patch, it shall be the duty of the permittee, in the manner set forth in this article, to cause within the period of 30 days such public rights-of-way to be permanently restored in the manner specified as outlined under § 495-36 for asphalt base and § 495-40 for concrete base. For asphalt base work, time extensions may be granted only for emergency action performed when asphalt plants are closed.
B. 
Permittee is to maintain such portion of the highway for a period of two years from the date of such final restoration, subject at all times to the approval of the Borough. In the event the permittee fails to maintain such restoration, after having received written notice from the Borough, the Borough will instruct the permittee's bonding agent to cause the proper restoration to be performed and maintained for the period required herein.
C. 
When a longitudinal opening longer than 10 feet and wider than three feet is made in the highway pavement, the permittee shall overlay the entire width of the traffic lanes in which the opening was made for the entire length of highway that was opened.
D. 
When two or more transverse trench openings are made in the highway pavements less than 100 feet apart, the permittee shall overlay the traffic lanes in which the openings were made for the entire length of the highway between such openings.
E. 
When four or more openings are made by the same permittee in the highway pavement less than 100 feet apart, the Borough shall require the permittee to overlay the entire disturbed area.
F. 
When the opening is to be closer than three feet from the edge of the existing pavement, the opening shall be extended to the edge of the pavement.
G. 
When the permitted opening is to be closer than five feet from the edge of an existing patch or patches in the pavement, the restoration shall be extended to include said patch.
H. 
All permittees test boring, or drilling into any Borough highway for location of leaks or venting of leaks will be required to backfill holes with 1-B stone to one inch below highway surface and fill and compact holes with ID-2 and seal with AC-20.
I. 
Pavement markings. It is the permittee's responsibility to replace all pavement markings that are removed or damaged. All material shall meet with the approval of the Borough.
A. 
Do not commence with backfilling of any part of the excavation until a Borough representative has inspected such part.
B. 
Backfill each material at optimum moisture content and compact to a modified proctor density of not less than 95%.
C. 
Compaction to be performed using vibrating compaction equipment or mechanical tampers. Hand tamp around facilities, if necessary.
D. 
Backfill trenches to contours and elevations with unfrozen materials.
E. 
All backfill material shall be either No. 57 coarse aggregate or select granular material as specified by PennDOT Form 408, Sections 703.2 and 703.3, and placed in six-inch lifts to one foot below the subgrade elevation for streets or poured surfaces. Flowable fill may be used for backfill of utility cuts under the street pavement with permission from the Borough and must meet the following PennDOT specifications:
Maximum allowable compressive strength at 28 days of 200 psi.
Mix design: 90 pounds cement; 400 pounds fly ash; 2,652 pounds sand; 480 pounds water. (57.6 gallons) 7-inch to 8-inch slump.
Each permittee shall conduct and carry out excavation work in such a manner as to avoid unnecessary inconvenience and annoyance to the general public and occupants of neighboring property. The permittee shall take appropriate measures to reduce, to the fullest extent practicable in the performance of the excavation work, noise, dust and unsightly debris.
Any monument set for the purpose of locating or preserving the lines of any street or property subdivision, or a precise survey reference point, or a permanent survey bench mark within the Borough shall not be removed or disturbed or caused to be removed or disturbed without first obtaining permission in writing from the Borough to do so. Permission to remove or disturb such monuments, reference points or bench marks shall be granted only when no alternative route for the proposed substructure or conduit is available. If the Borough is satisfied that no alternative route is available, permission shall be granted only upon condition, by an agreement in writing, that the person or utility applying for such permission shall pay all expenses incident to the proper replacement of this monument by the permittee.
No person or utility shall remove, damage, haul away or cause misalignment of any bituminous curb, granite curbing, including radius curb and catch basin stones, for any reason whatsoever without first receiving written permission from the Borough. The replacement or realignment shall be done in a manner and under specifications prescribed by the Borough and subject to inspection by the Town and shall be completed within a period of 30 days after such authorization to complete such work. The permittee shall, for a period of two years thereafter, be fully liable for all defects in materials and workmanship relating to such work and shall promptly repair or replace the same upon notice.
For streets with existing bituminous base or concrete which are in poor condition, as verified by the Borough, final street cut restoration must consist of eight inches minimum of bituminous concrete base course (BCBC). Place 1 1/2 inches minimum ID-2 wearing course to match the existing street surface. Seal all edges with AC 20 asphalt sealer.
The uses of temporary cold patch and/or steel plates, weather permitting, are permitted for street openings/cuts. Plates must be secured to the pavement to prevent movement and noise by the use of pins and cold patch under and around the edges. Under no circumstances will the Borough permit a street cut to remain stone filled without a cover as mentioned in this section.
A. 
Do not place asphalt or apply bituminous coatings when base surface temperature is less than 40° or surface is wet or frozen.
B. 
Utilize a temporary surface of cold patch, four inches in depth, if final restoration cannot occur due to weather limitations.
C. 
Permittee will not be allowed to place steel plates on Borough streets between October 31 and April 1.
Asphalt cement: AC-20 asphalt cement or Emulsion E-1 conforming to PDT Bulletin 25. Bituminous concrete base course (BCBC): Conforming to PennDOT Publication 408, Section 305. Wearing course mix: Hot-mixed, hot-laid bituminous wearing course ID-2 conforming to PennDOT Publication 408, Section 420.
A. 
Streets with existing concrete base with an opening exceeding four feet in width: The permittee will be required to dowel. Epoxy-coated dowel bars 1 1/4 inches by 18 inches shall be installed in the concrete base, placed at twelve-inch centers, measured longitudinally in the direction of the traffic flow; place dowel bars to center line and surface of the slab in conformance with PennDOT specifications, Publication 408.
B. 
Where bituminous wearing course is to be used as the surface course, a minimum of 1 1/2 inches of ID-2 binder and a minimum of 1 1/2 inches of wearing course is to be applied. Concrete base must match the existing concrete base, and the depth of the bituminous areas must compensate to match the existing surface.
C. 
Apply tack coat in accordance with PennDOT Publication 408, Section 460, over existing surface prior to spreading of new bituminous course. Do not apply after sunset or on a wet surface.
D. 
Cement concrete shall be Class AA 3,500-psi mix, as per PennDOT 408 standards.
E. 
Reinforcing welded steel wire fabric, plain type. ANSI/ASTM A185 uncoated finish may be required.
F. 
The Borough shall be notified 24 hours prior to placement of concrete.
This section will only be used in limited conditions where approved by the Borough. Perform work in accordance with PennDOT Publication 408, Section 636.
No trees are to be removed, cut, trimmed or pruned without first obtaining the approval of the property owner and the Borough.
A. 
No contractor may allow dirt or debris to enter the Borough sewer system. All stormwater inlets within the drainage area of the excavation must be protected by a filter system that will prohibit water from carrying silt or other debris into the sewer. Acceptable means of protection are the use of a filter material insertion into each inlet.
B. 
Any contractor who does not provide protection as described herein will be required to clean and flush each inlet that the Borough determines has been contaminated.
It is the permittee's responsibility to properly restore any and all adjacent surfaces disturbed by the action of work in the right-of-way to equal or better condition than existed prior to start of work. Sidewalks, driveways, curbs, lawn or grass areas will be restored in accordance with Borough details. All work is to be done at the contractor's cost and expense to the satisfaction of the Borough and the property owner in a timely manner.
This article shall not be construed as imposing upon the Borough or any official or employee of the Borough any liability or responsibility for damages to any person injured by the performance of an excavation work for which an excavation permit is required under this article, nor shall the Borough or any official or employee thereof be deemed to have assumed any such liability or responsibility by reason of inspections authorized hereunder, the issuance of any permit, or the approval of any excavation work. In the case of a dedicated but unaccepted street or way, this article shall not be construed as authorizing any action that is inconsistent with any private rights in said street or way by the Borough for highway or any other purposes.
The provisions of this article shall not apply to excavation work authorized by the Borough Superintendent, by Borough employees or contractors performing work under contract with the Borough necessitating openings or excavations in Borough streets.