[Adopted 4-23-2008 by Ord. No. 5582; amended in its entirety 1-9-2019 by Ord. No. 5738]
A. 
Street openings regulated. Any opening in a right-of-way of the City of Altoona may not be made or the surface damaged, excavated or removed by any person, company, utility, or other for any purpose whatsoever, except as herein provided. This article establishes rules and regulations for excavating and restoring streets in the right-of-way of the City which are under the jurisdiction of the Department.
B. 
Definitions. General. As used in this Article V, the following terms shall have the meanings indicated:
ADA
Americans with Disabilities Act.
APPLICANT
The person or entity making a request to open a street.
APPROPRIATE METHOD
An approved industry standard or approved method.
CITY
The City of Altoona.
DEPARTMENT
The Department of Public Works of the City.
EMERGENCY
Any condition constituting a clear and present danger to life or property, including but not limited to, escaping gas, exposed wires or other breaks or defects in the applicant's line.
EXISTING FACILITIES
Any utility structure (i.e., vault, duct, manhole, valve, etc.)
IMPROVED STREET
A street consisting of a stone or asphalt base with an asphalt or surface-treated wearing course.
PA DOT RIGHT-OF-WAY
Pennsylvania Department of Transportation (PA DOT) right-of-way.
PENNDOT
The Pennsylvania Department of Transportation.
PERMANENT RIGHT-OF-WAY
Same as "permanent street."
PERMANENT STREET
A street with a brick and/or concrete base which may or may not include asphalt binder and/or wearing course.
PERMIT HOLDER
The person or entity issued a permit to open a City street.
PERSON
Includes any individual, corporation, partnership, association, firm, or other legal entity.
STREET
Any City-owned and/or maintained right-of-way, including alleys.
TEMPORARY RESTORATION
Placement of three inches of cold patch material until final restoration is performed.
UNIMPROVED STREET
A street consisting of dirt or stone without a permanent wearing course.
A. 
Application. Any person desiring to disturb, open, excavate, cut, dig, trench or bore into or under any street in the right-of-way of the City shall make application and receive a permit from the City for that purpose. The application shall set forth the name of the applicant, the exact location of the proposed opening or disturbance of the surface in the right-of-way, and the approximate size of the opening or area of the surface proposed to be removed, excavated, or disturbed. Upon payment of the application fee and approval of the application by the Department, a permit shall be issued for the street opening. Applications shall be filed and permits shall be obtained before the commencement of work, except in the case of emergency work performed by a public utility. The public utility may proceed with the work necessary but shall, within the first regular business day, apply for and obtain a permit. The permit shall include the purpose of said opening or removal, with the covenant on the part of the applicant that the work shall be done and executed in full compliance with all the requirements of the ordinances of the City relating thereto, and that the applicant will well and sufficiently save, defend and keep harmless and indemnify the said City of and from all actions, suits, payments, costs, charges and damages resulting to person or property, or demands therefor, for or by reason of the proposed opening in or removal or disturbance of the surface of the right-of-way or in the prosecution of the work in connection therewith or in any matter or thing in relation thereto.
B. 
Application fee. Application fees shall be established by resolution of City Council from time to time to cover the cost of restoration and administrative costs. This fee shall be paid by all persons making application.
If the proposed opening is to be made in an unimproved right-of-way (stone or dirt), the permit holder will restore the trench or opening in such a manner and with such material as will restore the right-of-way to original if not better condition. All work shall be subject to these regulations and the inspection and approval of the Department. All backfill within the right-of-way shall be 2A stone, fully compacted. All work shall be subject to the inspection and approval of the Department, and if the permit holder fails to restore the right-of-way to original if not better condition, the City may do so at its discretion, and the permit holder will pay the City an amount equal to the cost of restoration. Before a permit may be issued for opening in an unimproved right-of-way (stone or dirt), the applicant shall make application with the City, and pay the sum established by resolution of City Council and as amended from time to time, the same to cover the cost of administrative costs and inspection.
A. 
Improved right-of-way. If the application is for an opening or disturbance of the surface in an improved City right-of-way, the application for the permit shall contain a stipulation that the applicant will refill the opening, below grade, with 2A stone, fully compacted. Restoration and paving material will be per this article and/or as directed by the Department. A permit must be issued for any opening in or for the removal of any part of the surface of an improved right-of-way. The applicant shall pay, the City, the sum established by resolution of City Council as amended from time to time for each square yard estimated to be removed or disturbed for the restoration of the surface of the right-of-way. All street cuts will be calculated and charged to the nearest 1/2 yard. As soon as practicable after the completion of the work, but in no case longer than 24 hours, the permit holder shall place cold patch in the cut to a depth of three inches. The City shall do final repairs to the street removed by the permit holder with the same kind of materials as were removed therefrom. If the square yardage of such repairs is less than the amount of the estimate made by the applicant, as soon as the repairs are completed, the City shall refund to the permit holder the amount of the deposit in excess of the actual cost of making such repairs, but in no instance shall the City charge less than the actual amount of the repairs or a minimum of four square yards, whichever is greater. If the cost of the said repairs exceeds the amount of the estimate, the applicant, upon completion of said repairs, shall pay to the City the amount of the cost in excess of the estimate. Final restoration of an improved street opening will include a minimum of six-inch base, 1 1/2-inch wearing course, as well as tack coat and AC Joint sealant of the cut. Prior to final restoration a twelve-inch cutback shall be made on all sides of the cut; cutback to include saw cutting and removal of material to the subbase. The City at its discretion may allow or direct the permit holder to restore the street opening or to pave the street or portions thereof if so directed. All work will be completed as per this article, and these regulations as well as the specifications and orders of the Department.
B. 
Permanent right-of-way. If the application is for an opening or disturbance of the surface in a permanent City right-of-way, the application for the permit shall contain a stipulation that the applicant will refill the opening, below grade, with 2A stone, fully compacted. Restoration and paving material will be per this article and/or as directed by the Department. A permit must be issued for an opening in or the removal of a part of the surface of a permanent right-of-way; the applicant shall pay the City of Altoona, Pennsylvania, the sum established by resolution of City Council and as amended from time to time for each square yard removed or disturbed for the restoration of the surface of the right-of-way. All street cuts will be calculated and charged to the nearest 1/2 yard. As soon as practicable after the completion of the work, but in no case longer than 24 hours, the permit holder shall place cold patch in the cut to a depth of three inches. The City shall do final repairs to the street removed by the permit holder with the same kind of materials as were removed therefrom. If the square yardage of such repairs is less than the amount of the estimate made by the applicant, as soon as the repairs are completed, the City shall refund to the permit holder the amount of the deposit in excess of the actual cost of making such repairs, but in no instance shall the City charge less than the actual amount of the repairs or a minimum of four square yards, whichever is greater. If the cost of the said repairs exceeds the amount of the estimate, the applicant, upon completion of said repairs, shall pay to the City the amount of the cost in excess of the estimate. Final restoration of an improved street opening will include a minimum of eight-inch concrete base (PennDOT Class A) or bituminous base course, two-inch bituminous binder course, 1 1/2-inch bituminous wearing course, including tack coat and AC Joint sealant of the cut. Prior to final restoration a twelve-inch cutback shall be made on all sides of the cut; cutback to include saw cutting and removal of material to the subbase. The City at its discretion may allow or direct the permit holder to restore the street opening or to pave the street or portions thereof if so directed. All work will be completed as per this article, and these regulations as well as the specifications and orders of the Department.
C. 
PA DOT right-of-way. If the opening, removal, or disturbance is in a permanent state right-of-way or any part of the state right-of-way, the applicant shall acquire the required highway occupancy permit (HOP) from PennDOT. The permit holder or their contractor will repair the opening in the state right-of-way with the material and in accordance with the HOP and PennDOT.
D. 
Alleys. For any opening in an alley right-of-way, all of the above provisions shall apply with reference to unimproved, improved, and permanent rights-of-way.
E. 
Newly paved streets. New paving shall not be opened for a period seven years after completion thereof except in case of an emergency; the necessity thereof to be determined by the Department. If new paving is opened, the Department reserves the right to require the milling and repaving of the entire street or any portion(s) thereof, at its sole discretion, in order to return the roadway to its prior integrity.
F. 
Permit holder to restore or pave. The City at its discretion may require, direct or allow the permit holder to restore any street opening. In the case of recently paved streets or large street openings, the City may direct the permit holder to mill and repave the entire street or portions thereof. Refer to the Appendix for details on requirements for repaving streets or portions thereof.[1]
[1]
Editor's Note: Said appendix is included as an attachment to this chapter.
G. 
Separate agreements. The City may entertain a request to enter into a cooperative agreement with one or more utilities with regard to cost sharing for the milling and/or paving of an entire street in lieu of trench restoration.
H. 
Settlement of disturbed area and maintenance of pavements. The permit holder is responsible for any settlement of the disturbed area (cut), or other defect within two years from the date of completion. The permit holder is responsible to rectify the same within 24 hours following written notice from the City to do so. All restored pavements shall be maintained to the Department's satisfaction as required by this article, but in no case for a period of less than 18 months, the performance of same shall be secured by a maintenance bond approved by the Department. Permit holders shall make any required repairs to pavements within 30 days of receipt of the Department's notice.
I. 
Timing of restoration by department. Between October 31 and April 15 of each year, permanent restoration of all street openings by the Department will cease. All permit holders or utilities making cuts during this period will be responsible for temporary restoration and for maintaining these cuts during this period or time frame. If directed by the Department the permit holder shall make repairs to any cut as soon as possible, but in no case longer than 24 hours after receipt of the Department's notice.
J. 
Interference with existing facilities. New facilities shall not interfere with existing facilities, or their connections, except where absolutely necessary, and then only with the previously written consent of the affected facility (utility).
K. 
PA One Call. The permit holder shall contact the PA One Call system requesting that any facility owner having facilities within the proposed excavation area provide information regarding the location of existing facilities. In accordance with PA Act 287 as amended, a facility owner must respond to all requests.
L. 
Accessibility of rights-of-way. All walkways, gutters, inlets, or any portion of streets adjoining the work or in its vicinity shall be kept free of obstructions and debris to the greatest extent possible. Lawns or grass plots shall not be used for storage purposes. On improved and permanent streets, the materials, tools, and equipment required in connection with the work shall be neatly and properly stored and any sidewalk shall, at all times, be maintained in such a manner as to have a pathway safe for pedestrian traffic which shall be at least five feet in width.
M. 
Inspection and inspection fees. The City reserves the right to inspect all or any portion of the proposed work performed within the right-of-way. The City shall charge for inspection per the rate established by resolution of City Council and revised from time to time to cover the cost of inspection of all work performed in accordance with this article.
N. 
Related restorations items.
(1) 
Appendix. Refer to the appendix for illustrations and details which depict the limits required for restoration and repaving of streets based on cut location, size, and amount of excavation.[2]
[2]
Editor's Note: Said appendix is included as an attachment to this chapter.
(2) 
Saw cutting and cutback. All street openings and excavations shall be saw cut cleanly and in straight lines perpendicular and parallel to the curb. A one-foot (twelve-inch) minimum cutback is required on all sides of the cut. The cutback will be required to be trimmed to the widest part of the trench and include any broken part of an edge.
(3) 
Repair or replacement of traffic signal loops. The permit holder is responsible for any damage or disruption to any traffic signal loop(s), and is responsible for the replacement of same.
(4) 
Damage to utilities. The permit holder is responsible for any damage caused, including but not limited to all utilities encountered during excavation, boring, or any other construction method.
(5) 
Drill holes, test pits, etc. Drill holes, test pits, or other small openings must be repaired in accordance with the appropriate method and in a timely manner.
(6) 
Crosswalks and pavement markings. Any crosswalk or street marking that was disturbed must be replaced in-kind by the permit holder. This includes, but is not limited to, stop bars, center lines, edge lines, lane lines, arrows, crosswalks and parking stalls.
(7) 
Restoration of disturbed shoulder area. Reconstruct shoulder to a four-foot width with a nine-inch depth of PennDOT 2A aggregate at a cross slope of one inch per foot.
(8) 
Street Closure. Prior to the closure of any right-of-way, street, avenue, or alley, the permit holder must notify the Blair County 911 center (non-emergency number) and the City Police Department. If so directed by the Department, a street closing permit shall be obtained from the Altoona Police Department.
(9) 
Special pavement material. Any pavement made of special material shall be replaced in kind, including but not limited to brick pavers, colored concrete or asphalt, and stamped concrete or asphalt.
(10) 
Asphalt in lieu of concrete. On permanent streets, the City, at its discretion, may allow or direct the use of asphalt base course in lieu of class A concrete.
(11) 
Tack coat and joint sealant. The permit holder is required to apply a tack coat between asphalt material types (i.e., base and wearing courses), as well as on the vertical edges of the cut prior to asphalt patching. Following the completion of asphalt restoration, a twelve-inch-wide coating of joint sealant shall be placed around the perimeter of the cut.
(12) 
Sidewalks and ADA ramps. The permit holder will be required to replace in-kind and depth any sidewalk that is disturbed to an equal or better condition. In the case of ADA ramps, or any portion thereof that is removed, the permit holder will be responsible to replace the ramp in its entirety to the current ADA standards.
(13) 
Use of metal plates. The use of metal plates to cover excavation openings are allowable with the following conditions: Plates must extend at least 12 feet beyond the edge of the excavation in all directions. For short-term a plate may be placed on the road to cover an excavation opening for a period of 24 hours or less. For long-term, greater than 24 hours, plates must be attached or secured to the roadway by a Department-approved method. Asphalt or cold patch must be placed around the perimeter to ensure smooth riding and safe conditions. The use of plates are not permitted between October 15 and April 1 without written permission from the Department.
(14) 
Pictures and/or video. For projects greater than 300 L.F. the permit holder will be required to take pictures or a video of all existing conditions within the project limits. This would include, but not be limited to, roadway, curbing, driveways, shoulders, and any other features that would or could be impacted by the proposed work.
All trenches or openings in the rights-of-way of the City shall be filled with 2A stone, fully compacted. If in the judgment of the Director of the Department any unsuitable material was or is being employed in the filling of any trench or trenches, the rejected material shall be removed and the trench or trenches refilled with material approved by the Department.
A. 
Continuous opening. If the application is for the laying of any main or conduit in any right-of-way, and the line of said main or conduit be continuous, a permit may be granted for the continuous opening if the applicant pays to the City such sum as may be determined by the Department to be sufficient to cover the costs of inspection and of the repairs to and replacing of the surface of the right-of-way with the same kind of materials as were removed therefrom.
B. 
Mains or conduit in the shoulder or sidewalk. Any opening for a main or conduit running approximately parallel with the centerline or longitudinal with the street and located in the shoulder, sidewalk, or sidewalk area within the right-of-way will require a street opening permit. If the proposed opening is to be made in the right-of-way (shoulder or sidewalk), the permit holder will restore the trench or opening in such a manner and with such material as will restore the right-of-way to a condition equal to or better than the existing condition. All backfill within the right-of-way will be 2A stone. The permit holder will be responsible for replacement in kind of the right-of-way surface, i.e., stone shoulder to be 2A stone, grass to be grass, concrete sidewalk to be Class A concrete, etc. If the permit holder fails to restore the right-of-way to a condition equal to or better than the existing, the City may do so at its discretion, and the permit holder shall pay the City an amount equal to the cost of restoration. Before a permit may be issued for the opening, the applicant shall make application to the City and pay the sum established by resolution of City Council and as amended from time to time, the same to cover administrative costs and inspection.
An opening in a street measured from the curbline or edge of cartway shall not extend in the cartway a distance greater than one foot beyond the center line of said street before being backfilled and the surface of the highway restored to a condition safe and convenient for travel. When an opening is made upon one side of a street, the said opening shall be refilled and the surface of the street restored to a condition safe and convenient for travel before an opening may be made opposite thereto or within 50 feet on the opposite side of the same street. Not more than 300 feet longitudinally shall be opened in any street at any one time.
A. 
Signs and barriers. Work zone traffic control must be in accordance with the Manual for Uniform Traffic Control Devices (MUTCD) as well as PennDOT publications 212 and 213. If qualified flaggers are required or utilized, they shall be provided by the permit holder. When and during the period that a right-of-way or part thereof is so closed to traffic, no person shall ride, drive upon or otherwise use the same, and the signs, barriers or lights indicating the closing of the right-of-way to traffic shall not be removed, destroyed, defaced, damaged or in any manner interfered with.
B. 
Safeguarding excavation and obstructions on City streets. No person making any excavation in or placing any obstruction upon any street or other public way of the City shall fail to safely guard such excavation or obstruction by signs and barriers, in accordance with the Manual on Uniform Traffic Control Devices (MUTCD) and PennDOT Publications 212 and 213.
All materials shall be in accordance with PennDOT Bulletin 15 and PennDOT Specifications 408.
Unless waived by prior agreement with the Department, a permit issued under the provisions of this article shall not be valid until the applicant pays to the City the amount herein specified and the City issues its receipt of said amount.
Notice of work. The permit holder, utility, or contractor performing work involving one block or more shall give timely notice to all persons owning property abutting on any right-of-way where work will occur.
Other departments of the City shall not be required to apply for or take out permits to make openings in the rights-of-way. However, no opening shall be made by any department of the City without the approval of the director of the Department and until a statement in writing shall be filed with the Department setting forth the department of the City to make the proposed opening and the location and purpose thereof.
A. 
Violations. Any person, firm or corporation who shall violate any provision of this article shall be, upon conviction thereof, sentenced to a fine of not less than $200 nor more than $1,000 plus costs or to a term of imprisonment not to exceed 90 days, or both. Each day that a violation of this article continues shall constitute a separate offense.
B. 
Repeated violations. The City may refuse to issue permits to any applicant who has violated these regulations and after notification by the Department has failed to comply with its regulations. The Department may also refuse to issue permits to applicants who have not completed past work, caused damages, or who owe money for damages corrected by the City.
The provision of this article shall not apply to the opening of the surface of any alley for the erection or location of any telephone, electric, light, or other pole or poles, unless the locating or relocating of any pole or poles requires trenching, in which case a permit must be procured as herein required.