[Ord. 432, 7/10/1973, § 1; amended by Ord. No. 865-2022, 4/26/2022]
No person, firm, corporation or other entity shall break, cut
or excavate the pavement or surface of any public street of the Borough
of Hamburg, Berks County, Pennsylvania, between the right-of-way lines
thereof, until a permit to do so is obtained from the Borough of Hamburg.
[Ord. 432, 7/10/1973, § 2; as amended by Ord. 635,
7/5/1994, § 2; Ord. 680, 12/28/1998; and by Ord. No. 865-2022, 4/26/2022]
Applications to break, cut or excavate the pavement or surface
of any public street of the Borough of Hamburg shall be made on the
form provided by the Borough of Hamburg, shall include all information
requested, payment in full of fees required hereunder and shall be
signed by the permittee.
[Ord. 432, 7/10/1973, § 3; amended by Ord. No. 865-2022, 4/26/2022]
1.
Applications
shall also be accompanied by the permit fee according to the currently
adopted schedule of fees for permit issuance and inspection for each
requested street break, cut or excavation. The aforementioned schedule
of fees may from time to time be amended by the adoption of a resolution
by the Borough Council of the Borough of Hamburg.
2.
Provided that the Hamburg Municipal Authority complies with the provisions of the following Subsection 3, the Borough Council of the Borough of Hamburg shall waive the permit fee for all work performed by the Hamburg Municipal Authority, except that this waiver shall not apply to the additional permit fees required under § 21-104 of this article unless approval by the Borough Council under Subsection 4 below. This waiver shall otherwise apply regardless of whether this work is performed by the employees of the Municipal Authority or by a private firm or corporation under contract with the Municipal Authority. This waiver shall not be construed to relieve the Municipal Authority of the responsibility for obtaining a permit for work covered in this article.
3.
It is the desire of the Borough of Hamburg that permits for street breaks, cuts or excavations are obtained and performed by the Hamburg Municipal Authority in advance of Borough of Hamburg scheduled street improvements at the same location. Accordingly, by June 30 of each year, the Manager or Engineer of the Borough of Hamburg shall provide the Hamburg Municipal Authority with a list of all road projects proposed by the Borough during the succeeding calendar year in order to allow the Hamburg Municipal Authority with the opportunity to perform any required maintenance work in the subject area that will require street excavation prior to the Borough road project. Except for emergency work situations, if the Hamburg Municipal Authority fails to comply with this condition, then the aforementioned permit fee waiver shall be rescinded and the Hamburg Municipal Authority shall pay the applicable permit fee for the work in the affected area and the additional permit fees required under § 21-104 of this article.
4.
Any person,
firm, corporation or other entity may request of the Borough Council
of the Borough of Hamburg a waiver, in writing, of the fees charged
hereunder. The Borough Council may decide in its sole and absolute
discretion to grant such waiver in the event that the work in question
a) is of an emergency nature and b) provides a benefit to the Borough
of Hamburg community.
[Ord. 432, 7/10/1973, § 4; amended by Ord. No. 865-2022, 4/26/2022]
1.
Permits
for pavements or surface breaks, cuts or excavations on streets paved,
improved or restored by the Borough of Hamburg within five years preceding
the date of application for the break, cut or excavation shall be
doubled in cost.
2.
Where,
in the opinion of the Public Works Superintendent or Engineer of the
Borough of Hamburg and at his sole discretion, site conditions are
such that additional effort is required to protect the integrity of
the street(s) of the Borough of Hamburg, the permittee may be required
to perform additional work and pay additional costs. This option could
include permanent restoration of the street surface by the permittee
along with payment of all above stipulated fees and charges; or the
reconstruction and/or resurfacing of an area of street exceeding the
area directly affected by the street break or cut at the permittee's
expense. Where additional work is required, a legally binding letter
of agreement acceptable to the Borough of Hamburg shall be provided
by the applicant before issuance of the permit.
3.
Upon inspection
by the Public Works Superintendent or Engineer of the Borough of Hamburg,
if it be determined that the permittee actually removed, disturbed
or damaged, either in the initial or subsequent restoration, an area
of yardage greater than that set forth in his/her application, the
permittee shall forthwith pay a proportionate amount to be fixed by
the Engineer of the Borough of Hamburg within three days after demand
therefor shall be made in writing.
[Ord. 432, 7/10/1973, § 5; amended by Ord. No. 865-2022, 4/26/2022]
No permit shall be issued to any person, firm, corporation or
other entities indebted to the Borough of Hamburg because of any previous
delinquent or unpaid application or permit. A permit is issued subject
to all ordinances of the Borough of Hamburg, all state and federal
laws and to the following conditions:
1.
Emergency
Cuts. Emergency street cuts and excavation required to access leaking
utility mains or other installations that pose a potential hazard,
or bore holes required to search out threatening conditions, may be
made in advance of a permit at the discretion of the party or parties
conducting the investigation and repairs. If the investigation indicates
an emergency condition exists, the Borough of Hamburg Police Department
shall be notified immediately at telephone number (610) 655-4911 (nonemergency);
otherwise, an authorized representative of the responsible party(ies)
shall notify the Manager of the Borough of Hamburg at telephone number
(610) 562-7821 the next business day, and proper application accompanied
by appropriate fees or a legally binding letter of agreement shall
be submitted to the Borough within 48 hours of commencing the work.
2.
Subsurface
Plans. Upon completion of work, the permittee shall furnish to the
Public Works Superintendent or Engineer of the Borough of Hamburg
completely dimensioned plans showing accurately and distinctly, and
in such detail as required, the size, the shape and kind of structure
he/she has installed or altered and its location with reference to
the street surface and the nearest curbline and curb intersection.
3.
Time Limit.
In case the work has not been completed on or before the date as shown
on the permit, the Public Works Superintendent or Engineer of the
Borough of Hamburg may, if he or she deems it advisable, take steps
to backfill the trench and replace a permanent pavement over the opening
for which the permit had been issued at the expense of the permittee.
If an extension of time beyond said date is necessary for the completion
of the work, a written application therefor must be filed.
4.
Excavation
Notice. Pennsylvania law requires those who intend to excavate, demolish
or blast to file certain notices (One Call, etc.) before commencing
work. Permittees for permits to break the pavement or surface of any
public street of the Borough of Hamburg shall comply with all the
requirements of the PA One Call legislation.[1] Permits issued in the Borough of Hamburg shall be deemed
null and void unless the requirements of the Act have been met. Trenches
in paved areas shall be cut to a neat edge using an asphalt/concrete
saw or jackhammer.
[1]
Editor's Note: See 73 P.S. § 176 et seq.
5.
Barricade
Cover, Lighting and Traffic Control. All street openings shall be
completely barricaded and protected by the permittee. Excavations
left open or incompletely repaired after dark shall be marked by PennDOT-approved
flashing lights. Where work is interrupted, the person(s) responsible
for the opening shall secure and cover the excavation with an appropriate
metal plate. All required traffic control shall be provided by the
permittee in accordance with PennDOT Publication 213 (Work Zone Traffic
Control), as amended. Nothing contained in this article or other legislation
of the Borough of Hamburg shall release the person, firm, corporation
or other entity opening the street from all liability associated with
claims for injury or damage resulting therefrom.
6.
Backfilling.
All openings made in the improved area shall be backfilled by the
permittee in accordance with the following minimum standards:
A.
The opening
shall first be backfilled with material suitable for insulation to
a height not to exceed one foot over the top of the facility, compacted
in not more than four-inch layers.
B.
The opening
shall then be backfilled with either PennDOT 2A aggregate, or other
approved material by the Borough as specified in the permit, and compacted
throughout its full width in layers not to exceed four inches if a
tamper or wacker is used, in layers not to exceed eight inches if
approved vibratory compaction equipment is used.
C.
Where
the existing pavement structure includes a course of subbase material,
it shall be replaced to a depth equal to the existing course depth
with material meeting the requirements of § 350, PennDOT
Form 408.
7.
Paving
Restoration. Immediately following backfilling and compaction, the
permittee shall apply eight inches of PennDOT 2A aggregate, followed
by four-inch compacted depth of Superpave asphalt mixture design base
course, 25.0 mm and topped with 9.5 mm Superpave asphalt mixture design
wearing course (or cold patch if hot mix is not available; cold patch
shall be considered temporary restoration) to a minimum compacted
depth of two inches with milling and overlay 24 inches past excavation,
to be compacted to the level of the abutting surface. All interface
between old and new surfaces are to be coated with a bituminous coating
per PennDOT specifications. Design mix shall be submitted to the Borough,
including the appropriate skid resistance level and required ESAL.
The surface material shall be tamped with a gravity roller or vibrating
compactor subject to the approval of the Public Works Superintendent
or Engineer of the Borough of Hamburg. The permittee shall maintain
the restoration by reexcavating and/or applying additional surface
material in order to provide a smooth riding surface for a period
of one year if initial restoration is temporary or until the permittee
provides a permanent surface repair. Repairs shall be made by the
permittee within 24 hours of notice by the Borough and by accepting
a street cut whether or not he/she is notified by the Borough of Hamburg
to perform additional work.
8.
Shoulder
Restoration.
A.
Paved
and Stabilized Shoulders. Paved and stabilized shoulders shall be
reconstructed and restored to a serviceable condition of the same
type as existed before the start of work.
B.
Other
Shoulders. Other shoulders shall be restored according to the following:
(1)
Suitable material as determined by the Public Works Superintendent
or Borough Engineer shall be used for backfill of openings in shoulders.
(2)
If the length of the facility exceeds 50 feet, the shoulder shall
be graded, rolled and penetrated with RT-2C or MC-30 bituminous material
at a minimum rate of 0.25 gallon per square yard and chipped or lightly
sanded to prevent tracking of oil onto the pavement.
(3)
All shoulder restoration shall be the responsibility of the permittee.
The permittee must contact the Public Works Superintendent for inspection
prior to completion.
9.
Restoration
at Appurtenances. The top of every manhole, valve box or other access
to the facility shall be of the same elevation as the surface in which
it is located. The surface surrounding manholes or valve covers located
in shoulders shall be paved in such a manner as to prevent washouts.
All manholes, including those cast in place, shall be constructed
in compliance with current industry standards and PennDOT Form 408,
§ 713.2(c).
10.
Additional
Restoration. All disturbed portions of the street, including all appurtenances
and structures such as guide rails or drain pipes, shall be restored
to a condition equal to that which existed before the start of any
work authorized by the permit.
A.
If the
permittee opens any street pavement having a bituminous concrete surface,
whether to install a new facility or to modify an existing facility,
the permittee shall, in addition to the restoration conditions outlined
in the permit and in this article, regardless of the age of the wearing
course:
(1)
When openings are made in the street pavement, the Public Works Superintendent
or Engineer of the Borough of Hamburg shall determine the area the
permittee shall be required to pave. At a minimum, a two-foot overcut
(paving two feet beyond cut/opening) will be required; in some instances,
paving curb to curb with a wearing course may be required.
(2)
When openings result in multiple patches within a single block distance,
the Public Works Superintendent or Engineer of the Borough of Hamburg
shall determine the area the permittee shall be required to pave.
At a minimum, a two-foot overcut (paving two feet beyond cut/opening)
will be required; in some instances, paving curb to curb with a wearing
course encompassing previous cuts may be required.
11.
Notice
to Public Works Superintendent or Borough Engineer. The Public Works
Superintendent or Borough Engineer shall be notified when the opening
in the pavement is to be made, and shall be further notified when
a cut is to be backfilled and completed, so that the proper instructions
may be issued for permanent pavement replacement.
12.
Work
for Borough of Hamburg. Contractors doing work of this nature for
the Borough of Hamburg shall be required to obtain a permit therefor;
however, said permits shall be issued without charge or fee.
13.
Work
to Conform to Borough of Hamburg Standards. The work shall be done
at such time and in such manner as shall be consistent with the safety
of the public and shall conform to all requirements and standards
of the Borough. If the Borough discovers that the work has been discontinued
or has not been properly performed, the permittee, upon being notified
thereof, in writing, by the Borough of Hamburg, shall immediately
take all necessary steps, at his or her own expense, to place the
work in such condition as to conform to the Borough of Hamburg's requirements
or standards. If a dispute arises between the permittee and the Borough
of Hamburg's Inspector, the Inspector shall have the authority to
suspend work until the matter can be referred to and be decided by
the Engineer of the Borough of Hamburg.
14.
Additional
Inspection Fees. If the Borough of Hamburg determines that the permitted
work is of sufficient magnitude or importance to warrant assignment
of one or more employees/agents to inspect the permitted work on a
more than spot inspection basis, the permit will so indicate and the
permittee shall be charged for all salary, overhead and expenses incurred
by the Borough of Hamburg for inspection.
15.
Insurance
and Indemnification. Any person, firm, or corporation making a street
cut or performing any construction work in the Borough of Hamburg
under this article shall file with the Borough Manager (as a condition
to issuance of the permit) a certificate of insurance naming the Borough
of Hamburg as an additional insured in an amount not less than $1,000,000
for personal injury and $250,000 for damage to property. By completing
the permit application hereunder and in consideration for the issuance
of the permit, the applicant/permittee shall be deemed to have agreed
to indemnify and hold harmless the Borough of Hamburg from any and
all loss, liabilities, claims or other damages of any kind arising
from the performance of the work under this article.
[Ord. 432, 7/10/1973, § 6; amended by Ord. No. 865-2022, 4/26/2022]
Any person, firm, corporation or other entity who breaks or
cuts in any manner the pavement or surface of any public street of
the Borough of Hamburg without first having obtained the proper permit
and paid the application fees and charges hereinbefore set forth,
including any extension fee, or who violates any of the other provisions
of this article shall have the permit (if any) issued revoked immediately
by the Borough and/or, upon conviction before a District Justice,
be sentenced to pay a fine not exceeding $1,000 for each offense,
plus costs, and in default of the payment of such fine and costs,
said person and/or the responsible agents or officers of firms or
corporations violating the provisions of this article shall be imprisoned
in the Berks County Prison for a period not exceed 30 days.
[Ord. 438, 7/10/1973, § 1]
Any natural person, partnership, association, firm or corporation.
Any public street, alley or other way intended for vehicular
traffic in the Borough of Hamburg.
|
In this Part, the singular shall include the plural, the plural
shall include the singular, and the masculine shall include the feminine
and the neuter.
|
[Ord. 438, 7/10/1973, § 2]
Property owners and developers, before installing a permanent
surface upon any street in the Borough of Hamburg, shall be responsible
for subgrading the same and for installing curbs in accordance with
Borough specifications.
[Ord. 438, 7/10/1973, § 3; as amended by Ord. 680,
12/28/1998]
Any person, firm or corporation who shall violate any provision
of this Part shall, upon conviction thereof, be sentenced to pay a
fine not more than $1,000 plus costs and, in default of payment of
said fine and costs, to imprisonment for a term not to exceed 30 days.
Each day that a violation of this Part continues shall constitute
a separate offense.
