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Township of Bear Creek, PA
Luzerne County
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Table of Contents
Table of Contents
[Adopted 3-7-2005 by Ord. No. 2-2005]
This article shall be known as the "Pave Cut Ordinance for Bear Creek Township."
A. 
The following words and phrases, when used in this article, shall have the meanings respectively ascribed to them:
APPLICATION FOR A PAVE CUT PERMIT
A form provided the utility by the Township noting pertinent data for the purposes of inspection and control by the Township, and constituting a receipt for services performed by the Township.
CAPITAL IMPROVEMENT
Preplanned to improve and upgrade an existing system or to install a completely new system providing new or additional service.
CONTRACTOR
Any individual, entity or corporation which shall perform construction services, including but not limited to excavation, framing, paving, electrical or plumbing
EMERGENCY REPAIR
Work necessitated by the rupture or malfunction of existing underground facilities, such that lack of immediate repair will result in extreme danger and/or immediate and substantial damage to surrounding areas.
FACILITIES
All the plant and equipment of a public utility including all tangible and intangible, real and personal property without limitations, and any and all means and instrumentalities in any manner owned, operated, leased, licensed, controlled, furnished or supplied for, by, or in connection with the business of any public utility; provided, however, that no property owned by the commonwealth, or any municipal corporation thereof at the date when this article becomes effective shall be subject to any of the terms of this article, except as elsewhere provided herein.
INSPECTION
A careful or critical investigation no necessarily confined to optical observation but is understood to embrace tests and examination for the purpose of ascertaining quality and compliance as prescribed in this article and discovering and correcting errors.
MUNICIPAL CORPORATION
All cities, boroughs, towns, townships or counties of this commonwealth, and also any public corporation, authority or body whatsoever created or organized under any law of this commonwealth for the purpose of rendering any service similar to that of a public utility. For the purpose of this article, "municipal corporation" shall mean the Township of Bear Creek.
NEW PAVEMENT
Roadways paved within the last five years.
PAVEMENTS
Riding surfaces of machine laid asphalt over a base of concrete, brick, Belgian block, crushed stone, bituminous concrete or oil and stone.
(1) 
Persons now or hereafter owning or operating in this commonwealth equipment or facilities for:
(a) 
Producing, generating, transmitting, distributing or furnishing natural or artificial gas, electricity, or steam for the production of light, heat or power to or for the public for compensation;
(b) 
Diverting, developing, pumping, impounding, distributing or furnishing water to or for the public compensation;
(c) 
Transporting, or conveying natural or artificial gas, crude oil, gasoline or petroleum products, by pipelines or conduit, for the public for compensation;
(d) 
Conveying or transmitting messages or communications by telephone or telegraph to the public for compensation;
(e) 
Sewage collection, treatment or disposal for the public for compensation.
(2) 
The term "public utility" shall not include:
(a) 
Any person not otherwise a public utility, who furnishes services only to himself;
(b) 
Any bona fide cooperative association which furnishes services only to its stockholders or members of a nonprofit basis; or
(c) 
Any producer of natural gas not engaged in distributing such gas directly to the public for compensation.
SERVICE
Is used in this article in its broadest and most inclusive sense, and includes any and all acts done, rendered or performed, and any and all things furnished or supplied and any and all facilities used, furnished or supplied by public utilities, in the performance of their duties under this article to their patrons, employees, other public utilities, and the public, as well as the interchange of facilities between two or more of them.
SPECIAL PAVEMENT
Riding surfaces of concrete.
STREET
And include any street, highway, road, land, court, alley, public square, or place of whatever nature, whether dedicated or not, open to the use of the public as a matter of right for purposes of vehicular travel.
TOWNSHIP PAVE CUT LOG
A chronological record of pave cuts as reported to the Township containing pertinent data as required by the Township for the purposes of inspection and control.
UTILITY CORRIDOR
An area within any public right-of-way, usually underground but not limited to same, reserved for and assigned to a specified utility by the Township Code Enforcement Officer. The area to be used by the specified utility for placing and operating its facilities for transmitting and distributing its particular commodity or services.
UTILITY RELOCATION
Includes the adjustment, replacement, or relocation of utility facility, acquiring the necessary rights-of-way, moving or rearranging existing facilities, changing the type of facility, and any necessary safety and protective measures. It shall also mean the construction of a replacement facility functionally equal to the existing facility, where necessary for the continuous operation of the utility service, the project economy, or sequence of street construction.
WORK
The furnishing of all materials, labor, equipment and other incidentals necessary or convenient to the successful completion of the project and the fulfillment of all duties and obligations imposed by this article.
B. 
Whenever in this article, the words "directed," "required," "permitted," "designated," "prescribed" or words of like import are used, it shall be understood that the direction, requirement, permission, order, designation or prescription of the Township Code Enforcement Officer is intended; and similarly, the words "approved," "acceptable," "satisfactory" or words of like import shall mean approved by, acceptable to or satisfactory to the Township Code Enforcement Officer.
The Board of Supervisors provides by this article that the responsibility and authority for the administration and enforcement of this article shall rest with the Roadmaster and/or any duly appointed Township Code Enforcement Officer, or the agent of the Roadmaster.
The Township Roadmaster or Board of Supervisors acting as a Board shall appoint as his/her representatives persons to enforce this article. The street inspector shall have the authority and responsibility for the enforcement of this article as vested in the Township Code Enforcement Officer.
When work performed by a utility or contractors under this article is found in violation of same, the contractor or utility may be given the opportunity to make corrections as required by the Township Roadmaster or his/her agent. If the corrections are not completed in the specified time or not completed as specified, the Township Code Enforcement Officer or his agent, given proper notification, may suspend all work whether completed or in progress in noncompliance with this article, and to take appropriate safety precautions. All work performed or contracted for by the Township to attain compliance in this regard shall be billed to the utility or contractor. In addition, a penalty for noncompliance shall be imposed as provided in § 107-30.
If the utility or contractor fails to make adequate corrections to work found in noncompliance with this article in the time specified by the Township Roadmaster or his/her agent, a penalty shall be imposed as provided in § 107-34 until the corrections are completed to specifications.
The utility or contractor shall actively resume work upon order from the Township Roadmaster or his/her agent after a suspension.
Every public utility shall file with the Township Secretary a designation in writing of the name and post office address of a person within the commonwealth upon whom services of any notice, order or process may be made under this article. Such designation may, from time to time, be changed by like writing similarly filed.
At the discretion of the Township Code Enforcement Officer, licensed contractors, other than those under contract to a utility, may be permitted to make an opening, cut or excavation in the Township's public streets. Sections pertaining to public utilities shall be applicable to licensed contractors. See the fee schedule in § 107-34.
The following fees are prescribed for this article:
A. 
Processing and issuing a permit, each: $50.
B. 
Processing and issuing a permit to close a road: $50.
C. 
Testing: Direct cost of testing laboratory x 1.2 for review and administration
D. 
Inspection: Direct cost for Township's consultant x 1.2 for review and administration
E. 
Cost of regular pavement cuts:
(1) 
Two feet by two feet (four square feet): $150.
(2) 
Two feet by three feet (six square feet): $200.
(3) 
Two feet by four feet (eight square feet): $250.
(4) 
Three feet by five feet (15 square feet): $300.
(5) 
Square, rectangular or irregular cuts over 15 square feet, per square yard: $50.
(6) 
Continuous trenches, per square yard: $50.
(7) 
Tree lawn cuts, per square yard: $20.
F. 
Penalty for unauthorized cutting of new pavement, per square yard: $1,000.
G. 
Penalty for failure to obtain a permit, each: $300.
H. 
Penalty for noncompliance, per day per offense: $300.
I. 
Penalty for removal, alteration, burial of a limestone or monument, and failure to report same, per offense: $300.
J. 
Penalty for failure to restore test borings, each: $10.
All pave cuts shall be made by and all work shall be performed by licensed contractors. At the discretion of the Township Code Enforcement Officer, licensed contractors, other than those licensed contractors under contract to a utility, may be permitted to make an opening, cut or excavation in the Township's public streets. Sections pertaining to public utilities shall be applicable to licensed contractors.
A permit must first be obtained before any opening, whether classified as planned, restoration or emergency, can be made in any paved thoroughfare, cartway or sidewalk in the Township. Permits shall be obtained from the Code Enforcement Officer upon proper completion of permit and payment of fees. Permits shall be in effect for period of 30 days from the date of permit.
Applications for a pave cut permit shall be available from the Township Code Enforcement Officer at the Township Municipal Building. An authorized agent of a utility may complete the application at the Township Municipal Building. This shall be done a minimum of 24 hours in advance of a planned excavation. A copy of the completed application signed by the Code Enforcement Officer or his/her agent shall be in the hands of a competent person at the work site described in the application sand shall constitute a permit.
In the case where an emergency condition is found, the utility shall first notify the Township at 822-2260. Permits for such cuts shall be obtained from the Code Enforcement Officer at the Township Municipal Building on the next business day.
Pave cuts necessitated by Township sponsored public improvements will be on a non-fee basis but limited to a specific contract area. A list noting exact locations and dimensions of all such cuts shall be submitted to the Code Enforcement Officer at the completion of work. A non-fee permit will be required for any pave cuts made in state highways located within the Township for which a highway occupancy permit has been issued.
The Township reserves the right to bar any person, employee, corporation, utility or entity from working within the Township limits whose work is found in noncompliance with this article. The Township reserves the right to refuse issuance of a permit to any applicant who fails to maintain pave cuts in accordance with this article, or who fails to pay sums due the Township within 30 days from the date of billing.
All pave cuts done without a permit shall be subject to a penalty plus regular fees as provided in § 107-34.
The application for a pave cut permit shall protect, defend, indemnify and save harmless the Township, its officers and/or agents thereof from all claims, suits, actions and proceedings of every nature and description, which may be brought against the Township, its officers or agents thereof for, or on account of any injuries or damages to persons or public or private property, because of any materials or appliances used in the work, or by or on account of improper materials or workmanship, or for or on account of any accident of any other act, negligence or omissions of the applicant, or his agents, servants or employees, and the Township shall not in any way be liable therefor, during the period of the work progress and the one-and-one-half-year guarantee period following the completion of the work. Minimum insurance shall be:
A. 
Two hundred fifty thousand dollars liability per individual with $500,000 limit for each occurrence for bodily injury.
B. 
Two hundred fifty thousand dollars liability for property damage.
C. 
Evidence of insurance in the form of a certificate or letter executed by a duly authorize representative of the applicant's insurance carrier shall be submitted to the Township Secretary each January 1. Such evidence of insurance must include the provision that the Township shall be given proper advance notice of at least 30 days of cancellation of any material alteration in the applicant's policy.
During the progress of work, the pave cut applicant shall provide and maintain such barricades, warning signs and flagpersons as may be deemed necessary by the Township Code Enforcement Officer to prevent accidents to the public or adjoining tenants. Minimum precautions must include, but should not be limited to advance warning signs on all approaches to the work, safe crossing for pedestrians each 300 feet, barricades with flashers on each exposed side at fifty-foot intervals. All precautions shall be in accordance with the Manual of Uniform Traffic Control Devices as adopted by the United States Department of Transportation, Federal Highway Administration, 1971, Part IV, Traffic Controls for Street and Highway Construction and Maintenance Operations.
No street in the Township may be completely closed to traffic at any time during a pave cut. One lane of traffic must be able to pass unobstructed at all times. Flagpersons must be posed 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 Township may permit a road to be completely closed temporarily only with the consent of the State Police, the Fire Department and the Code Enforcement Officer. When an emergency exists, the police and fire bureaus shall be notified. An application form for a permit to close a street will be available from the Code Enforcement Officer. The completed application bearing the signatures of the before-mentioned officers shall be returned to the applicant and shall constitute a permit. A penalty shall be imposed for failure to notify the Fire Chief as provided in § 107-34.
For small area pave cuts, the utility or contractor shall be required to complete the temporary restoration within 48 consecutive hours of the initial cut during the normal working week excluding holidays and weekends. Extension time may be allowed upon appeal to the Township Code Enforcement Officer, provided the contractor substantiates sufficient reasons for the extension required. Work on long cuts, those over 25 feet in length, shall proceed in a continuous manner in accordance with this article. Permits for long cuts or capital improvements will not be granted during the months of November through March, except by written permission from the Township Code Enforcement Officer and after approval by the Board of Supervisors. The utility or contractor shall coordinate planned cuts in the Township streets with the paving program of the Township. A construction schedule comprising planned cuts shall be submitted to the Township Code Enforcement Officer as they become available. The Township will provide a paving program for a one-year period to the utilities prior to February 1. Changes in the utilities schedule of planned cuts shall require confirmation from the Township Code Enforcement Officer. Changes in the Township paving program shall be submitted to all utilities at the earliest possible date to permit the utilities to adjust their respective schedules.
All pave cuts shall be commenced and completed by the use of a reasonable work force. In congested areas and the central business district, the Township Code Enforcement Officer or agent may limit work to other than normal daytime working hours. At the cessation of work, adequate steel plates or wooden planking shall be placed over the excavation while it is not being worked to ensure full traffic flow. The maximum length of any opening in the roadway shall be 200 feet, unless otherwise permitted by the Township Code Enforcement Officer and the Board of Supervisors.
In peak traffic areas, all excavated material shall be removed daily. All gutters and drainage devices shall be kept clean of all debris and excavated material. The fire hydrants adjacent to the work shall be at all times readily accessible to fire apparatus, and no material or obstructions shall be placed within 15 feet of any hydrant.
The suitability of material to be used as backfill shall be determined by the Township Code Enforcement Officer, the Roadmaster, the Board of Supervisors or his/her agent. All materials not conforming to the requirements of this article, whether in place or not, shall be rejected. Such materials shall be removed promptly from the work site.
Material which is unsuitable and any surplus of excavated material shall be considered waste and shall be disposed of by the utility or contractor beyond the project limits. In no case shall waste material be left at the work site of a pave cut.
Material containing moisture in excess of that percentage which shall ensure satisfactory compaction shall not be used as backfill material for pave cuts.
Material for pave cuts containing insufficient moisture to obtain satisfactory compaction shall be moistened before compaction.
All excavation shall be saw-cut prior to the start of work or before pave restoration as per PennDOT specifications. Power-driven concrete saws or air hammers may be used for emergency cuts, but all restoration or planned work requires saw cuts be made. The cuts must be of sufficient depth to provide a smooth edge. No pavement busters, such as drop hammers, hoe rams and the like, shall be used without the written permission of the Township Code Enforcement Officer.
If a pave cut is made, and upon inspection, damage to another utility's underground facilities is discovered, it shall be the responsibility of the party making the cut to contact the Township Code Enforcement Officer, and all concerned pertinent utilities to instruct them to have representatives inspect the condition before any backfilling is begun.
The Code Enforcement Officer must be notified 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 shall be used in all excavations involving ruptured or leaking water or services where the excavated material is saturated, contains lumps, rocks or stones more than three inches in diameter, is frozen or is otherwise unsuitable. 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 mechanical tamper or a mechanical vibrator up to the bottom elevation of the pavement structure.
A. 
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 base course shall be replaced with high early strength concrete when temperatures are below 40° F.; for temperatures above 40° F., 3,000 psi concrete shall be used for the full depth of the adjacent base or 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 PennDOT Form 408. Following the concrete curing, a tack coat of bituminous material type E-1 will be applied. Restoration of flexible base pavement shall consist of BCBC for the full depth of the adjacent permanent base. 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. 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.
B. 
All road surfaces shall be restored to their original pitch and crown such that water flow will be as it was immediately following the last full resurfacing of that road. Utilities shall mark their respective cuts with the following colors and after restoration of cut shall paint around the cut with the same color:
(1) 
Verizon/phone company: orange.
(2) 
Pennsylvania American Water Co.: blue.
(3) 
Pennsylvania Power & Light Company: red.
(4) 
PG Energy: yellow.
(5) 
Bear Creek Township sewer cuts: green.
(6) 
Temporary survey markers: pink.
(7) 
Proposed excavation: white.
All restorations of pave cuts made with cold patch shall be considered temporary. The permittee is responsible for all cost 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.
Only utilities or their contractors will be permitted to make permanent restoration of openings in pavements. The restored pavements shall be guaranteed from failure from the date of completion through two winters. Permanent restoration must be completed with 30 days of the initial cut, except in the 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 pertinent utility and repairs by the utility will begin within 24 hours after notification. Upon failure of the utility to repair the cut in a satisfactory manner, the Township shall have the option to do the work or to contract to complete the work and bill the utility. In addition, penalties for noncompliance shall be levied against the utility or contractor.
The permanent restoration of special type pavements, such as concrete, shall consist of relaying the original wearing course in accordance with the original installation specifications in such a manner as to prevent settlement or other deterioration.
The Township street inspector may inspect all pave cuts having an area of five square yards or more, and inspection fee shall be charged. Such inspection fees shall constitute acceptance and approval of work performed by the utility or its contractor, but it is understood that such acceptance and approval does not relieve the utility of any responsibility under this article throughout the guarantee period. Inspection of small cuts having an area of five square yards or less shall not require visual observation when the work is in progress, but may be approved or rejected through subsequent examinations or testing.
Upon notification from the office of the Township Roadmaster or Code Enforcement Officer of a planned street resurfacing or construction, all utilities will be required to test their lines and services and to schedule necessary capital improvements and service connections prior to resurfacing or reconstruction. Thereafter, cuts will be permitted in the new pavement only in an emergency. Pave cuts made in new pavement shall be subject to a penalty as provided in § 107-34. Essential services for new building construction will be exempt from this penalty. New construction shall not include the addition of an alternate or secondary source of fuel, water, heat or other service not included in the original construction or regarded as essential to the original construction. Pavement shall be considered new for a period of five years from the date of placement.
No limestone or monument in the Township may be removed, altered or buried at any time. When pave cuts or road construction require the temporary removal of a limestone or monument, it must be preserved at the site and reset at the direction of the office of the Township Code Enforcement Officer. All costs incident thereto, including surveys, shall be charged to the utility or contractor. A penalty shall be imposed for failure to report the removal or alteration of a limestone or monument. Burial or paving over a limestone or monument shall carry a penalty for each stone or monument covered In addition, all costs incidental to exposing or resetting a limestone or monuments shall be charged to the utility or contractor as provided in § 107-34.
All test holes and borings for pave cuts shall require restoration. Restoration of bore holes shall follow immediately after testing with the application of asphalt or other water-resistant plugs. A penalty shall be charged for each test hole found unplugged as provided in § 107-34.
The utility or contractor must replace in kind all pavement markings damaged or removed by the pave cuts and work incident hereto. All markings must be replaced within five days after permanent restoration. In default of compliance herewith, the Township Code Enforcement Officer shall contract to have the necessary repairs made and bill the utility or contractor. In addition, a penalty for noncompliance shall be levied against the utility or contractor as provided in § 107-34.
Electronic traffic-control devices and ancillary equipment damaged or removed because of pavement excavations or work incident thereto must be replaced by the utility or contractor, in kind, in whole or in part as required by the Township Code Enforcement Officer or the Traffic System Controller. In default of compliance herewith, the Township Code Enforcement Officer shall contract to have the necessary repairs made and bill the utility and/or contractor. In addition, a penalty for noncompliance shall be levied against the utility or contractor as provided in § 107-34.
This Part shall become effective March 7, 2005.