[Adopted 3-7-2005 by Ord. No. 2-2005]
This article shall be known as the "Pave Cut Ordinance for Bear
Creek Township."
A.
APPLICATION FOR A PAVE CUT PERMIT
CAPITAL IMPROVEMENT
CONTRACTOR
EMERGENCY REPAIR
FACILITIES
INSPECTION
MUNICIPAL CORPORATION
NEW PAVEMENT
PAVEMENTS
PUBLIC UTILITY
(1)
(a)
(b)
(c)
(d)
(e)
(2)
(a)
(b)
(c)
SERVICE
SPECIAL PAVEMENT
STREET
TOWNSHIP PAVE CUT LOG
UTILITY CORRIDOR
UTILITY RELOCATION
WORK
The following words and phrases, when used in this article, shall
have the meanings respectively ascribed to them:
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.
Preplanned to improve and upgrade an existing system or to
install a completely new system providing new or additional service.
Any individual, entity or corporation which shall perform
construction services, including but not limited to excavation, framing,
paving, electrical or plumbing
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.
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.
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.
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.
Roadways paved within the last five years.
Riding surfaces of machine laid asphalt over a base of concrete,
brick, Belgian block, crushed stone, bituminous concrete or oil and
stone.
Persons now or hereafter owning or operating in this commonwealth
equipment or facilities for:
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;
Diverting, developing, pumping, impounding, distributing or
furnishing water to or for the public compensation;
Transporting, or conveying natural or artificial gas, crude
oil, gasoline or petroleum products, by pipelines or conduit, for
the public for compensation;
Conveying or transmitting messages or communications by telephone
or telegraph to the public for compensation;
Sewage collection, treatment or disposal for the public for
compensation.
The term "public utility" shall not include:
Any person not otherwise a public utility, who furnishes services
only to himself;
Any bona fide cooperative association which furnishes services
only to its stockholders or members of a nonprofit basis; or
Any producer of natural gas not engaged in distributing such
gas directly to the public for compensation.
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.
Riding surfaces of concrete.
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.
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.
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.
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.
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:
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.
