[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Editor’s Note: This ordinance also repealed former Art.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.
BOROUGH
PERSON
STREET
The following words, as used in this article, shall have the meanings
hereby respectively ascribed thereto:
The Borough of West Reading.
Any natural person, partnership, association, firm or corporation.
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.
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.
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.
