[Adopted 6-19-2018 by Ord. No. 1090[1]]
[1]
Editor’s Note: This ordinance also repealed former Art. IV, Street Openings, adopted 7-17-1979 by Ord. No. 631 (Ch. XX, Part 1C, of the 1993 Code of Ordinances), as amended.
A. 
The following words, as used in this article, shall have the meanings hereby respectively ascribed thereto:
BOROUGH
The Borough of West Reading.
PERSON
Any natural person, partnership, association, firm or corporation.
STREET
The roadway of any public street, avenue, boulevard, highway or alley in the Borough of West Reading, except for state highways, to which this article shall not apply.
B. 
In this article, the singular shall include the plural, the plural shall include the singular, and the masculine shall include the feminine and the neuter.
No person, firm or corporation shall break the pavement or surface of any legally open street, between the right-of-way lines thereof, until a street cut permit (permit) is obtained from the Code Enforcement Department. It shall be the responsibility of the person receiving the permit (the permittee) to promptly restore the permitted street cut and other affected facility in proper order and repair in accordance with this article. When the street cut involves the use of a utility, the permittee shall be the owner of the utility or the owner's legal agent or employee.
Applications for a permit to break the pavement or surface of any legally open streets shall be submitted on the form provided by the Code Enforcement Department, shall include all information and applicable fees, and shall be signed by the applicant. The application information and fees shall include the following:
A. 
Permit fee. Each application shall be accompanied by a permit fee as determined and set from time to time by resolution of the Borough Council.
B. 
Inspection fee. An inspection fee will be assessed for each separate street cut as provided in the permit fee.
C. 
Pavement restoration. It shall be the duty of the party applying for the permit to restore to good order and repair in accordance with the Borough of West Reading specifications.
D. 
Detailed plan of work. The applicant shall furnish a scale plan, which shall accompany the application, showing the extent and nature of the planned work at each street cut location within the right-of-way. The plan shall set forth, but is not limited to:
(1) 
The purpose for which the excavation is to be made;
(2) 
The dimensions and location of the proposed excavation, including the nearest cross streets where the excavation or street opening is considered;
(3) 
The full scope of work to be included in the project;
(4) 
The date or dates during which the requested excavation is to be permitted;
(5) 
The date such excavation is to be refilled and resurfaced in the manner hereinafter provided; and
(6) 
A traffic control plan (TCP) shall be submitted with any permit application for all proposed work that is to be conducted on the Borough roadway.
E. 
Guarantee of work.
(1) 
The permittee shall guarantee and maintain the street cut, excavation, and any related work for 12 months from the completion of the Borough-approved final restoration. Within this twelve-month period, the permittee shall correct or cause to be corrected all restoration work in the manner determined necessary by the Code Enforcement Department within five calendar days of receipt of the notification. If the permittee fails to perform within the five calendar days, restoration may be completed by the Borough and invoiced to the permittee for all costs incurred in performance of the work. Payment not made within 30 days of the invoice date will result in a citation being filed at the Magisterial District Court, including any fees and costs involved in the collection thereof.
F. 
Additional fees and information. The size and type of street cut(s) may require payment of additional fees and submission of additional information as prescribed in this article. All fees, plan information and applications must be provided and approved before the Borough will issue a permit. Permits are issued subject to all other applicable ordinances of the Borough of West Reading and all applicable state and federal laws.
G. 
Display of permits and signage at work site. Unless otherwise authorized, permits shall be kept at the work site for the duration of the project and made available for inspection upon request of any duly authorized Borough official. Such permits cannot be affixed to any temporary structure, including fences, containers, or construction equipment.
H. 
Revocation of permit. All street cut or excavation permits are subject to revocation at any time by the Code Enforcement Department. Written notice shall be served to whom the permit was granted, their agent, or employee. Such notice shall contain a brief statement detailing the reason for revocation, and the violation shall be corrected within three days. The following items would constitute revocation of permit:
(1) 
A violation of any condition of the permit.
(2) 
A violation of this section or any other applicable Borough of West Reading ordinance relating to the work.
(3) 
The creation of or failure to eliminate a condition or action that constitutes a violation of applicable Americans with Disabilities Act compliance guidelines, or endangers the lives, property, or welfare of Borough residents.
(4) 
The creation of any condition deemed by any duly authorized Borough official to be a hazard or safety issue to the public.
I. 
Rejection of application. Street cut permits shall not be issued to any person, firm or corporation indebted to the Borough due to a previously issued permit. The Code Enforcement Department, or its designee, shall review nonemergency applications anticipated to commence after September of the calendar year. The Code Enforcement Department, or its designee, may permit the project to begin contingent upon the review of several factors, including but not limited to final restoration date, size of the cut, use of steel plates, and scope of the project; however, no nonemergency projects shall begin in December, January or February of a given year.
J. 
Permit issuance and schedule for construction of street cuts. Permit applications shall be submitted not less than 14 days prior to the start of the proposed street cut work, and construction work must commence within 15 calendar days of approval; failure to do so may result in permit revocation, or require the submission of a new application. The permittee shall notify the Borough at least three days in advance of breaking the street. Each permit shall be valid for a period of four months. If deemed necessary, permit time extensions may be granted.
K. 
Charged surface. In computing the surface area of the permanent pavement restoration surface to be charged, for small single cuts, 12 inches shall be added to all sides of the proposed cut. For large street cuts, the charged surface shall include the combined area of each trench, plus a separate fee, and the area of milling and overlay required to restore the overlying surface. If the permittee or Borough inspector determines that the permittee removed, disturbed, or damaged a pavement area greater than what is stated on the permit, the permittee shall pay a proportionate amount per resolution of Borough Council.
No permit shall be granted for the breaking of the pavement or surface of any improved street for any purpose whatsoever within five years from the date of the completion of the improvement except for the emergency repairs to underground conduits, water, gas pipes, or for the purpose of installing sprinkler systems or other appliances for fire protection along the line of an improved street. Where there is breaking of the pavement or surface of any new street or rebuilt street within five years from the date of the permit, the entire street covered by the permit where the work is done shall be retopped with materials approved by the Borough. The work of resurfacing shall be examined and inspected by the person designated by the Borough for such purpose, and if he shall find the same unsatisfactory, the permit holder shall be required to remedy his work to bring it into compliance. Additional costs shall be paid to the Borough by the permit holder. Provided: No subsequent permit shall be granted to any person who shall not have, prior to the issuance of the later permit, paid to the Borough any such additional sum billed to him.
A. 
Where, in the opinion of the Department and at his/her sole discretion, site conditions are determined to involve construction work beyond that required for a small single utility service connection, the permittee shall provide additional information, and may be required to perform additional work and pay additional fees.
B. 
Special site conditions include, but are not limited to, permanent restoration of the street surface by the applicant, permanent restoration of the street beyond the area of the trench cut opening, construction of features within the rights-of-way other than trench restoration, and other special site construction work determined during the application. Examples of special site conditions are described below:
(1) 
Large cuts.
(a) 
Additional restoration of the pavement wearing surface will be required for cuts larger than those made for small single utility service connections. Large street cuts include, but are not limited to, the following conditions:
[1] 
Where two or more transverse or longitudinal cuts are made within a 100-foot-long section of street and the total area of the cuts is equal to or greater than 40.0 square feet. (Transverse cuts are typically made for laterals that run across the street, and longitudinal cuts are typically made for mains running with the street.)
[2] 
Where the area of a single cut is equal to or greater than 40.0 square feet.
(b) 
The additional restoration for these cuts shall comply with the Borough's standard engineering drawings and specifications for large street cut restoration, which shall include milling and overlaying of the wearing surface of the entire lane(s) between the curb and the street center line within the area bounded by the cut(s).
(2) 
Curb ramps.
(a) 
For conditions where the permittee proposes an alteration to a street crosswalk or other crosswalk within the Borough's rights-of-way and where the existing curb ramps at that crosswalk do not meet the current requirements of the Americans with Disabilities Act (ADA), the permittee will be required to upgrade the crosswalk to meet current ADA standards, including curb ramps for that crosswalk. Crosswalk and pedestrian access route alterations, as defined by the ADA and PennDOT, shall include any project that will affect or could affect the accessibility or use of the accessible route. Alteration projects that meet these conditions shall be determined by the Code Enforcement Department on a case-by-case basis and shall follow the latest PennDOT guidance, including Publication 13M, Chapter 6. Borough crosswalks are located at all street intersections, whether or not crosswalk markings are present. Crosswalks are also located along sidewalks where the sidewalks cross alleys and driveways. For crosswalks delineated by the outside curb radii and the lines drawn across the streets that connect the termini of the curb radii, excluding the area of the interior rectangle, the interior rectangle is formed by projecting the curblines into the intersection and the rectangle is defined by the corners of the intersecting projected curblines. Unmarked crosswalks include the area that is defined by the projection of the sidewalk across the street, alley or driveway. For street cuts proposed under these conditions, the permittee will be required to construct or reconstruct curb ramps at the crosswalk to meet the current ADA and PennDOT requirements. To facilitate the proper construction of the ramps, the permittee shall include with their permit application the following additional provisions:
[1] 
An existing conditions survey that includes all of the curb ramps within the intersection, alley or other accessible route where the cut is proposed to determine compliance and/or noncompliance with the ADA.
[2] 
Curb ramp designs for construction of each new and noncompliant curb ramp. The curb ramp designs must comply with the most current applicable PennDOT standard for curb ramps. The existing conditions survey and the ramp designs must be sealed by a qualified engineer or surveyor registered in the Commonwealth of Pennsylvania.
[3] 
A letter of agreement that states that the permittee will construct or replace curb ramps within the intersection or alley that do not currently meet ADA and PennDOT requirements.
(b) 
Ramp designs will be reviewed by the Code Enforcement Department for approval prior to issuance of the permit. For projects that involve state and/or federal funding, additional PennDOT approval shall be required.
(c) 
Following construction of the curb ramps, the permittee shall submit to the Code Enforcement Department completed as-built (record) drawings of the work indicating that the ramps were properly inspected and were found to comply with the approved design.
(3) 
Steel plates. When a temporary surface is required, the temporary installation and maintenance thereof shall be the responsibility of the permittee until the permanent surface is completed and accepted.
(a) 
Steel plates shall only be used to secure open excavations when the permittee is unable to backfill the same day excavation occurs and may be utilized as permitted by the Borough. In the event steel plates must be left unattended for a period exceeding five business days without prior approval, the permittee is required to notify the Borough of West Reading Code Enforcement Department of the reason(s) and necessity of the plate(s), as well as the estimated time before resuming their work. Failure to provide notice, remove the plates, or resume or complete excavation constitutes a violation of this article, and the appropriate fine shall be levied.
(b) 
All steel plates shall be properly marked with the utility and contractor name, and a twenty-four-hour contact phone number in the event of a disturbance. Additionally, the steel plates shall be of sufficient thickness to resist bending and vibration under traffic loads and shall be anchored securely to prevent movement. If these conditions are not met, the permittee shall be required to backfill, pave the excavation, or use alternative methods sufficient to remedy the disruption.
(c) 
The plates shall be secured to prevent any lateral movement. If movement occurs, the permittee will be notified to resecure plating immediately; otherwise the permittee shall be charged 115% of the cost incurred by the Borough to secure the permittee's plates.
(d) 
All plated locations must utilize traffic control devices as defined to include signs, signals, or markings generally used to warn or guide vehicular traffic through streets, highways, or private roads open to public travel as regulated by the Manual on Uniform Traffic Control Devices (MUTCD).
(4) 
Striping and marking. All pavement markings that are disturbed due to street opening activity must be promptly restored. Markings shall include, but are not limited to, parking space striping, crosswalk areas, school zones, handicap designation, stop bars, etc.
C. 
Inspection. If the Borough of West Reading determines that the permitted work is of sufficient magnitude or importance to warrant additional inspection beyond routine spot inspection or due to noncompliance with the permit conditions, the permittee shall be charged for all expenses incurred by the Borough of West Reading for the additional inspection(s).
D. 
Other related permits and fees. A separate permit shall be issued for each individual street cut. In addition to the street cuts previously described, street cut permits will be issued for the following:
(1) 
Bore holes. Bore holes are small auger-drilled excavations, up to eight inches in diameter and no deeper than 18 inches, made in the pavement section for the purpose of investigating pavement conditions, or to open the pavement for investigations below the pavement section. Bore holes made below the pavement section must utilize nondestructive excavation methods. Nondestructive excavation shall be limited to methods that use pressurized air and vacuum systems to excavate borings, up to four square feet in area, for visual examination of underground utilities and other subsurface conditions. Nondestructive methods other than air-vacuum systems must be approved in writing by the Code Enforcement Department prior to issuance of the permit. Bore holes are street cuts, and a bore hole fee will be charged for each bore hole made, as specified by resolution of Borough Council as amended from time to time. A permit will be required for each bore hole grouping. The permittee shall restore the bore holes in the same manner as a standard street cut. The work shall be completed within 30 days of boring. If the applicant does not restore the bore holes within that time period, the Borough of West Reading reserves the right to take any steps deemed necessary to repair the street, and 115% of the associated costs shall then be paid by the permittee.
(2) 
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 utility company conducting the investigation and repairs. Within two hours of commencing an emergency cut or excavation, the Borough's Police Department shall be notified at 610-373-0111, as well as other potentially affected utilities and the PA One Call System. An authorized representative of the responsible party(ies) shall notify the Code Enforcement Department the next business day, and a proper permit application accompanied by appropriate fees and other required documents shall be submitted to the Borough within seven business days of the commencement of work.
(a) 
A permittee shall perform emergency work until the emergency is eliminated, unless otherwise directed by the Borough.
(b) 
Once obtained, the emergency permit shall be kept on site and presented upon the request of any Borough official authorized to enforce this article.
E. 
Traffic control plan. The traffic control plan (TCP) shall detail the method by which vehicular and pedestrian traffic will be affected and controlled during a permitted project. The TCP shall also include any barricades, signs, lights or other approved safety devices necessary to facilitate a closure, and where the work results in closing or diverting traffic into another lane, a flag person shall at all times be posted while the work is actively being performed. For street closures within the Borough that also require PennDOT permits, the application must include a copy of the state-issued permit and comply with all traffic control standards.
F. 
Time extension. For conditions where the permitted work may not be completed, or has not been completed, on or before the permit expiration date, the Code Enforcement Department may take steps to backfill the trench and replace a permanent pavement over the opening. If an extension of time beyond the permit expiration date is necessary for the permittee to complete the work, then a written application must be submitted and signed by the permittee at least two weeks prior to the expiration date. Permit time extensions will only be granted upon the timely submission of the permit extension application and the payment of the time extension fee, as specified by resolution of Borough Council as amended from time to time. Any permittee that fails to request and receive an extension for permitted work and continues to work shall be in violation of this section.
A. 
Plan and subsurface drawings and record drawings. All applicants shall include with their application scale drawings that clearly and accurately show the location of the proposed work with respect to existing facilities within the vicinity of the proposed work that will be, or could be, affected by the work. The scope of the drawings shall include as a minimum: all adjacent underground utilities, curblines, sidewalks, traffic control loops, and similar features in both plan and cross-section view. Upon completion of work, the permittee shall furnish the Code Enforcement Department a record drawing(s) that indicates the as-constructed location, size and type of utility or feature installed or altered and its location with reference to the street surface and the adjacent curblines. The standard accuracy for the drawings shall be:
(1) 
For standard single utility service connections: the same as those submitted for a final plan under Chapter 400, Subdivision and Land Development.
(2) 
For large street cuts and cuts required for work other than a single service connection: as specified on the Borough of West Reading's Temporary/Permanent Trench Restoration Existing Paved Areas drawings.
B. 
Excavation notice.
(1) 
Pennsylvania law (Act No. 187, as amended[1]) requires those who intend to excavate or demolish to file certain notices (PA One Call) before commencing work. Applicants for permits to break the pavement or surface of any legally open street shall comply with all the requirements of this Act. Permits issued by the Borough of West Reading shall be deemed null and void if the requirements of the Act have not been followed.
[1]
Editor's Note: See 73 P.S. § 176 et seq.
(2) 
The permittee shall deliver a construction schedule in writing to the Borough indicating the date which the street cut will begin, the estimated date when the restoration of the trench will begin, and any other milestones that may be critical to the inspection of the work.
C. 
Pavement edges. The paved surface shall be cut to a neat edge using an asphalt/concrete saw. The permittee shall take the necessary precautions to protect the neat edge, and is responsible to restore any edges that become broken.
D. 
Barricades, trench covers and lighting. All street openings shall be properly barricaded and protected by the permittee. Excavations shall not be left open at the end of the work shift or when left unattended. Permittees are responsible for the protection of the public within the construction areas, and all work zones shall be marked in accordance with PennDOT's work zone traffic control regulations until the permitted street cut is restored and approved. Nothing contained in this article or other legislation of the Borough of West Reading shall release the person or persons opening the street from any liability associated with claims for injury or damage resulting therefrom.
E. 
Backfilling. Materials excavated in conjunction with street cuts should be promptly hauled away and shall be removed before nightfall. The permittee shall arrange for the immediate repair of the affected utility and backfill the trench without delay. Backfill material shall consist of crushed stone placed and properly compacted in accordance with the details and specifications issued by the Borough Engineer.
F. 
Paving restoration. Immediately following backfilling and compaction, the permittee shall apply a temporary pavement restoration in accordance with the Borough of West Reading's Temporary/Permanent Trench Restoration Existing Paved Areas drawings and specifications. Permanent paving restoration work shall be completed not less than three months nor more than six months following the temporary pavement restoration. The surface material shall be compacted with a gravity roller or vibrating compactor, subject to the approval of the Borough Engineer. The permittee shall maintain the restoration by re-excavating and/or applying additional surface material in order to provide a smooth riding surface for a period of one year after restoration. Repairs shall be made by the permittee within 24 hours' notice by the Borough. The permittee is responsible for the continual protection and maintenance of the cut, whether or not he/she is notified by the Borough to perform additional work.
G. 
Notice to begin and end work. The Code Enforcement Department shall be notified at least three workdays prior to the start of the pavement cut, and shall be notified at least three workdays prior to when the trench is to be backfilled and the restoration completed.
H. 
Work to conform to Borough of West Reading standards. The work shall be done at such time and in such manner as shall be consistent with the safety of the public and in accordance with the Borough of West Reading engineering standard drawings and specifications. If the Borough of West Reading 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 West Reading, shall immediately take all necessary steps, at the permittee's own expense, to place the work in such condition as to conform to the Borough's requirements or standards. If a dispute arises between the permittee and the Borough of West Reading's inspector, the Borough of West Reading's inspector shall have the authority to suspend work until the matter can be referred to the Code Enforcement Department for resolution.
I. 
Refer to the detail below, which is part of this section. All materials and their installation shall be in accordance with Commonwealth of Pennsylvania Department of Transportation Specification Publication 408, latest edition.
396 Trench Restoration A1.tif396 Trench Restoration A2.tif
The applicant for a street cut or excavation permit shall provide a certificate of insurance with general liability coverage, including any liability normally covered by a general liability policy with limits of not less than $1,000,000 per occurrence and $2,000,000 in the annual aggregate. Prior to commencement of the performance of the excavation, the contractor shall furnish to the Borough a certificate of insurance evidencing required coverage in at least the limits required herein, naming the Borough of West Reading, its elected officials, agents, and employees as additional insured for "ongoing operations" and "products and completed operations." Moreover, the applicant agrees, as a condition governing the issuance of permit, that they shall hold harmless the Borough of West Reading, its elected officials, agents, and employees from any and all claims and actions whatsoever arising under the execution of said permit.
Any person who violates or permits a violation of this article shall, upon being found liable therefor, pay a fine of not more than $600, plus court costs and reasonable attorneys' fees incurred by the Borough in the enforcement proceedings. If the penalty is not paid, the Borough shall initiate a civil action for collection in accordance with the Pennsylvania Rules of Civil Procedure. Each day a violation exists shall constitute a separate offense. In addition to or in lieu of enforcement under this section, the Borough may enforce this chapter in equity in the Court of Common Pleas of Berks County.