[Adopted 9-15-1975 by Ord. No. 425 (Ch. XXI, Part 1, of the
1975 Borough Code); amended in its entirety at time of adoption of
Code (see Ch. 1, General Provisions, Art. I)]
As used in this article, the following terms shall have the
meanings indicated:
Any person who makes application for a permit.
Material used to replace, or the act of replacing, material
removed during excavation.
The layer of specified bituminous material placed immediately
below the wearing course and on top of a subbase and subgrade to support
the wearing course of an asphalt street.
The Borough of Palmyra, Lebanon County, Pennsylvania.
The governing body of the Borough.
Actual expenditures incurred by the Borough for labor, equipment,
and materials including, without limitation, all fringe benefits and
overhead, professional engineering fees, attorney's fees, etc.
A fee paid by the permittee to the Borough to defray the
depreciation of Borough streets which have been constructed, reconstructed,
or resurfaced within five or less years prior to a street opening.
Any unforeseen circumstance which calls for immediate action
to protect or safeguard life or property or for the restoration or
continuance of a public utility, or other public service.
The person appointed by Borough Council to administer and
enforce this article.
A mixture of cement, water, and sand.
The Borough's authorized representative assigned to inspect
permitted work.
Any municipal authority created, in whole, or in part by
the Borough of Palmyra under the Pennsylvania Municipal Authorities
Act.[1]
The legal or equitable owner of the facilities upon which
work is to be performed or which are to be installed pursuant to a
permit issued under this article.
The Pennsylvania Department of Transportation, or any agency
successor thereto.
Authorization granted in writing by the Borough to an applicant
to conduct an excavation within a Borough-owned right-of-way.
A fee paid by an applicant to the Borough to cover the costs
of issuing, processing, inspecting, and filing the permit.
Any person who has been issued a permit and who shall by
acceptance thereof agree to fulfill any provision of this article.
Any natural person, firm, partnership, association, corporation,
public utility, or similar entity.
Drawings which show the location, character, and dimensions
(length, width, and depth) of the proposed occupancy and related road
features.
Any utility company, excluding municipal authorities created
by the Borough, licensed by the Public Utility Commission of the Commonwealth
of Pennsylvania.
A thin liquid bituminous material applied to a bituminous
surface course to waterproof joints within the bituminous surface
course.
The entire right-of-way of a public road, public alley, or
public easement, excluding designated curb and sidewalk areas, within
the Borough.
The top layer of specified bituminous concrete material designed
to accommodate traffic load, traffic abrasion, and has the ability
to resist skidding, and the disintegrating effects of climate for
the construction of an asphalt street.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
A.
The owner and contractor performing the work pursuant to this article
shall be jointly and severally responsible for obtaining the permit.
The owner and contractor performing the work are also jointly and
severally responsible for complying with the provisions of this article
and all conditions of the permit.
B.
The owner and contractor performing the work are responsible for
causing their agents, employees, subcontractors, successors, personal
representatives and assigns to comply with the provisions of this
article and the conditions of the permit, and each of them shall be
bound thereby.
C.
The permit shall be maintained as a permanent record and remain in
effect, subject to the conditions thereof, as long as the owner's
facilities authorized therein occupy the public right-of-way.
D.
The work authorized under the permit shall also be subject to all
other applicable specifications, rules, laws, and regulations of the
United States and the Commonwealth of Pennsylvania and all other applicable
Borough ordinances.
E.
The work authorized under the permit shall be done at such time and
in such manner as to be consistent with the safety of the public and
shall conform to all requirements and standards of the Borough.
A.
The opening of the surface of any Borough street is prohibited unless
a permit is obtained for that purpose in the manner hereinafter described.
Such a permit shall be granted by the enforcement officer, when the
person applying for such permit files an application with the Borough
at least five business days prior to the start of work, in compliance
with the provisions of this section and pays the Borough the amounts
hereinafter provided.
B.
Any person working in the vicinity of a Borough street who in any
manner disturbs such street, or who in any manner causes damage to
a street, shall be required by this article to obtain a permit and
to correct such damage in accordance with the standards of the Borough.
Permits will not be required for persons excavating immediately adjacent
to curb for the expressed purpose of installing or replacing curbs
and/or sidewalks, provided that a curb and sidewalk permit has been
obtained from the Borough prior to performing such work.
C.
The obtaining of permits by Borough departments shall be waived when
work is to be performed completely by Borough personnel.
D.
All contractors performing work under contract for the Borough, or
any municipal authority, shall obtain a permit for street openings.
E.
Public utilities shall obtain permits for street openings and excavations
to be performed by their own crews, forces, or contractors.
F.
Nothing contained herein shall be construed to authorize the issuing
of a permit for the making of a tunnel under any street. Tunneling
shall only be permitted after successful petition to Borough Council.
G.
No permit shall be granted to any applicant unless the applicant
shall have paid any and all fees owed to the Borough for prior excavations
made, or for any loss, damage, or expenses in any manner occasioned
by, or arising from the excavation of streets of the Borough under
prior permits.
A.
In the event that street openings are necessitated by emergencies,
permits shall be obtained, and fees paid, within five business days
after completion of the work, and said permit shall be retroactive
to the date when the work began.
B.
A person performing street openings for an emergency must certify
the nature of the emergency or circumstance, in writing, to the enforcement
officer within five business days after such emergency.
A.
When the Borough shall propose to reconstruct or resurface any street,
the enforcement officer may serve written notice by certified mail
of such improvement to all persons owning property abutting the road
about to be improved and to all public utility companies and municipal
authorities operating in the Borough. Within 90 calendar days from
receipt of such notice, all notified persons shall complete or cause
to be completed all necessary repairs and replacement of utility facilities
under the street and designated curb and sidewalk areas.
B.
Notified persons shall also complete any new installations under
the street and designated curb and sidewalk areas required for use
within a five-year period thereafter. All repairs, replacements and
new installations of underground facilities shall be in first-class
condition so that the same cannot reasonably be expected to require
repairs or renewal within a period of at least five years thereafter.
C.
Upon failure of any notified person or persons to comply with the
notice from the enforcement officer, make repairs or replacements
of underground facilities the Borough shall cause existing underground
facilities to be placed in first-class condition as aforesaid or to
be entirely removed if not used or necessary for public convenience,
whereupon the Borough shall be entitled to collect the cost of such
renewals, repairs, removal or other work from the aforesaid responsible
person or persons, either by invoicing the person or persons or, in
case of water or sewer house connections, by filing municipal liens
therefor against the abutting properties benefited by such connections.
D.
This section shall not forbid the installation by tunneling, after
successful petition to the Borough Council, of new underground facilities,
or the repair, replacement, or removal of already existing in or under
the portions of such streets improved, in accordance with applicable
rules and regulation, upon obtaining a permit and submitting payments
to the Borough of the same fees as prescribed by the provisions of
this article for making a surface opening in the street.
Street opening permits shall only be granted upon compliance
with the following express provisions:
A.
A written application shall be filed with the Borough at least five
business days prior to the start of work for making all street openings
or excavations, and the same shall be signed by the person desiring
such permit. Such application shall set forth all information required
by the Borough including, but not limited to, the names, addresses
and contact information for the owner and contractor performing the
work, the purpose for which such excavation is to be made, the probable
length, width, and depth, and location of the same, the full scope
of work to be included in the project, a sketch of the proposed opening
site, and the date such excavation is to be refilled and resurfaced
in the manner hereinafter provided, and shall provide that the applicant
will faithfully comply with each and every provision contained in
this article. An applicant shall furnish an engineered drawing of
the proposed opening site only upon request of the enforcement officer.
Items required on the drawing shall be specified at the time of the
request.
B.
Prior to the issuing of such permit, every such applicant shall pay
the permit fee and other amounts required by this article.
C.
Where the permit is required for water or sewer, the application
shall be signed by an authorized representative of the utility furnishing
the water or sewer service.
D.
Except in emergency situations, the opening of a street which has
been resurfaced or reconstructed within a three-year period prior
to the date of request for the street opening shall be prohibited.
E.
Except in emergency situations, applications for street openings
shall be submitted to the Borough at least five business days prior
to the proposed date of excavation. The enforcement officer shall
review each application and grant or deny the applicant a permit upon
completion of the review.
F.
No street opening shall be performed, except in the case of emergency,
between November 15 and March 15.
G.
As a condition of the permit, the applicant shall agree to save the
Borough, its elected and appointed officials, officers, employees,
and agents harmless from any and all costs, damages, and liabilities
by reason of personal injury or property claim which may accrue, or
be claimed to accrue, whether directly or indirectly, by reason of
said work, irrespective of the cause of such injury or damage. The
acceptance of any permit under this article shall constitute such
an agreement by the applicant whether the same is expressed or not.
H.
An applicant shall supply a certificate of insurance to the Borough and have the certificate of insurance properly executed by the applicant's insurance agency. Properly executed certificates of insurance shall be filed with the Borough and shall verify that the applicant is insured against claims for personal injury as well as against claims for property damages which may arise from or out of the performance of the excavation work, whether such performance is by the applicant or anyone directly or indirectly employed by, or contracted by the applicant. Such insurance shall include protection against liability arising from completes operations, underground utility damage and collapse of any property. Liability insurance for personal injury or death shall be in the amount not less than $1,000,000 for each person and $1,000,000 for each occurrence and for property damage in an amount not less than $300,000. Such insurance shall also provide hold harmless coverage pursuant to Subsection G above, and shall designate the Borough and its elected and appointed officials, officers, employees and agents as additional insureds. Failure of an applicant to file a certificate of insurance shall be sufficient reason for denying a permit.
A.
A permit fee and degradation fee, if applicable, shall be paid to
the Borough prior to permit issuance. The Borough shall have the right,
in its discretion, to waive fees for contractors performing work under
contract with the Borough.
B.
The permit fee and degradation fee shall be established from time
to time by resolution by the Borough Council.
C.
The Borough shall place collected degradation fees in the Borough
General Fund. The number of square yards computed for the degradation
fee will be based on the actual size of the excavation disregarding
any pavement that must be removed to enable an overlap of surface
course on the existing base course.
D.
Borough Council shall adopt fees authorized by this article by resolution.
In all cases where a permit has been issued and the work set
forth in such permit has not been completed, the amount not completed
shall be canceled. The degradation fee paid shall be recalculated
on the basis of the work actually completed and the actual extent
of excavation. All degradation fees paid in excess of this adjustment
shall be refunded without interest by the Borough, upon warrant properly
drawn. The portion of the permit fee attributable to processing the
permit application shall not be refunded upon permit cancellation.
Provided, however, that before the permit is cancelled and the degradation
fee is refunded, the permittee shall restore the pavement in accordance
with the requirements of this article. If the permittee does not restore
the pavement in accordance with all requirements of this article,
no refund shall be due and the Borough shall have the right to make
any necessary restoration and recover all costs from the permittee.
A.
All permits are subject to revocation at any time by the enforcement
officer after written notice for:
B.
Written notice of such violation shall be served upon the permittee
or his or her agent or employee engaged in the work. Such notice may
be given either by personal delivery thereof to the person to be notified
or by United States mail, postage paid, addressed to such person to
be notified. The permittee shall be granted 24 hours to correct such
violations unless specifically stated otherwise within the letter
of notification of violation.
C.
Upon revocation of the permit, no fees will be refunded to the permittee.
If any permittee is unable to complete the street opening on
or before the date specified in the permit, the permittee shall file
a written application for an extension of time with the enforcement
officer, who shall have discretion to grant or deny such application.
The written application shall be in letter form and shall thoroughly
explain the reasons for the extension of time plus the additional
length of time required. A fee as set forth from time to time by resolution
by the Borough Council shall accompany the application for an extension.
This fee shall defray the costs of processing and filing application.
A.
Excavations.
(1)
All excavations within any street right-of-way shall have near vertical
cut edges of the existing surfaces. During the course of excavation,
if any section(s) of the surface material is undermined, additional
surface material shall be removed with near-vertical, square-cut edges.
(2)
All materials which may be removed and all rock, earth, and sand
taken from the excavation may be stored, if practical, in the roadway
or such other suitable place and in such a manner as approved by the
Borough. In case more materials are removed from any trench than can
be used for backfill in the completed trench, the excess materials
shall be removed from the site.
(3)
If the excavation is stopped either totally or partially, the permittee
shall refill the trench and temporarily repave over the same.
(4)
The permittee shall keep the gutters, swales, flow channels, or other
stormwater facilities open at all times so that the flow of stormwater
shall not be obstructed.
(5)
Work shall be conducted so as to cause a minimum of inconvenience
to pedestrian and vehicular traffic, and to private and public properties
within the area of the work. It shall be the duty of the permittee
at all times to maintain crossings, walks, sidewalks, and other roadways
open to traffic in a satisfactory condition, and to keep all fire
hydrants, water valves, and mailboxes accessible for use.
(6)
On important thoroughfares, highways, or narrow streets, excavated
material shall be removed from the site of the work in order to provide
adequate space for traffic.
(7)
When it is necessary to haul soft or wet materials over public streets,
the permittee shall provide suitable vehicles and shall conform to
all laws and ordinances relevant to such hauling.
(8)
Maintenance and protection of traffic on Borough streets and State
highways shall be in strict accordance with PennDOT Publication No.
408, Section 900, and Publication No. 213, Temporary Traffic Control
Guidelines, or as directed by PennDOT or Borough authorities.
C.
Backfill.
(1)
All backfill material shall be free from cinders, ashes, refuse,
vegetable or organic material, boulders, rocks, or other material
deemed unsuitable in the option of the enforcement officer or inspector.
(2)
Backfilling shall not be done in freezing weather except by permission
of the Borough, and shall not be made with frozen materials. No fill
shall be made where the material already in the trench or excavation
is frozen.
(3)
All backfill in paved areas shall consist of No. 2A Coarse Aggregate
conforming to PennDOT Publication No. 408, Section 703.2.
(4)
All backfill shall be thoroughly and completely tamped and compacted
to a minimum of 90% Proctor density. Compaction shall be by hand or
approved mechanical methods in maximum eight-inch layers. Tamping
shall proceed from the center of the excavation to the sides to prevent
arching.
(5)
All backfilling within state highways shall conform to Chapter 459,
Occupancy of Highways by Utilities, of PennDOT's regulations.
D.
Base courses.
(1)
Borough streets. Regardless of the thickness of the existing base
course, no base course shall be placed less than five inches in depth
of Superpave Asphalt Mixture Design, HMR Base Course, PG 64-22, 0
to 0.3 million ESALs, 25 mm mix and shall conform to PennDOT Publication
No. 408.
(2)
Sidewalks and curbs. The base course under sidewalks and curbs shall
consist of a minimum depth of four inches of No. 2A Coarse Aggregate
conforming to the specifications in PennDOT Publication No. 408, Section
309.
E.
Pavement restoration.
(1)
The existing surface shall be square, vertical-cut edges and shall
be a minimum of 12 inches larger than the excavation opening on all
sides. The existing surface, if bituminous, shall be tack-coated with
a bituminous material meeting the specifications contained in PennDOT
Publication No. 408, Section 460, to provide adherence of the new
material.
(2)
A bituminous concrete wearing course of Superpave Asphalt Mixture
Design, HMA Wearing Course, PG 64-22, 0 to 0.3 million ESALs, 9.5
mm mix, SRL-L shall then be placed to a thickness matching that of
the existing bituminous wearing course, but in no case shall the wearing
course be less than 1 1/2 inches compacted thickness.
(3)
A seal coat of bituminous material, PG 64-22, meeting the requirements
of PennDOT Publication No. 408, Section 409, shall then be applied
at least 12 inches over the paving junction.
(4)
Pavement restoration shall be performed immediately after trenches
have been acceptably backfilled.
(5)
Where permanent type paving restoration is not permitted because
of weather limitations on placement of bituminous concrete, as defined
in PennDOT Publication No. 408, Section 409.3(b), temporary paving
shall be required. Temporary paving shall consist of a layer of bituminous
patching material from an approved manufacturer in PennDOT Bulletin
15, having a minimum thickness after compaction of two inches, and
the top surface shall be flush with the surface of the adjacent existing
pavement. All temporary paving shall be continuously maintained by
the permittee until it can be replaced by the permanent paving. When
the conditions permit the placement of permanent paving, the temporary
paving shall be completely removed prior to the placement of the permanent
paving material.
(6)
Construction and compaction of all bituminous pavement shall be in
accordance with the requirements of PennDOT Publication No. 408.
(7)
The pavement restoration shall be continually maintained by the permittee
for a period of two years from the date of acceptance by the Borough.
(8)
At the completion of the permanent patch, the permittee shall paint
the month and year on each patch with a permanent paint as a means
of future reference.
F.
Curb and sidewalk cuts.
(1)
Where curb and sidewalk must be removed, they shall only be removed
in sections extending from expansion joint to expansion joint.
(2)
Replacement of curbs and sidewalks shall be done in accordance with the specifications found in Chapter 314 of the Code,[2] or must meet PennDOT specifications if on a state-owned
roadway.
[2]
Editor's Note: Said specifications comprise Appendix A, which is included as an attachment to this chapter.
In case the work has not been completed before the date of expiration
as shown on the permit, which time shall be fixed when the permit
and/or time extension in granted, the Borough may take steps to backfill
the trench and to replace the street surface over the opening for
which the permit has been issued. The Borough shall invoice the permittee
for all costs by the Borough in the performance of this work. Payment
not made within 30 days shall be collectable in the manner provided
by law.
A.
The permittee shall assume all responsibility for the excavation
made by such party for refilling the same and for all damages that
may arise by reason of the digging of such trenches or excavations.
B.
Whenever it is determined by the Borough that in the best interest
of the Borough it is necessary to assign additional street opening
inspectors to supervise excavation, backfill or pavement restoration
operations, such inspectors shall be paid by the Borough at a rate
to be fixed by the Borough. The Borough shall invoice the permittee
for all costs incurred by the Borough necessitated by the assignment
of additional inspectors.
C.
The Borough Manager is authorized to make such other rules and regulations
for the excavation of streets which he or she may deem necessary for
the proper maintenance of the street surface due to excavations, which
rules and regulations shall be printed upon the permit granted or
forwarded from the Borough, in writing, from time to time.
A permit shall be obtained for any test hole work. No test holes
shall be made in or upon a greater surface of the street than as specified
in such permit, and no excavation or test holes shall interfere with
any of the water pipes, sewers, and drains of the Borough, or any
other underground utility service. Test holes having an area of four
square inches or less shall be filled by the applicant with grout
composed of one part cement and two parts sand and a sufficient quantity
of water, filled to the surface of the highway. The surrounding surface
of the street shall be placed in the same condition as before. Test
holes greater than four square inches in area shall be backfilled
in accordance with the provisions of this article, unless otherwise
directed by the enforcement officer.
A.
All gutters, swales, or other stormwater facilities must be left
open so as not to obstruct the free passage of water, and the sidewalks
and footways must be kept in a safe and passable condition. All excavation
shall have sufficient lights and barricades to identify them from
all directions during the day and after dark. If for safety purposes
the enforcement officer deems it necessary to install additional warning
devices, e.g., lights, barricades or signs, the permittee shall be
notified of the decision and shall receive instructions on the installation.
In case of emergencies, the Borough may install all additional warning
devices deemed necessary by the enforcement officer. The Borough shall
invoice the permittee for rental and installation costs incurred from
the date of installation costs incurred from the date of installation
until the permittee installs the required warning devices.
B.
If the permittee fails to install such devices when the enforcement
officer directs the permittee to do so, the Borough shall invoice
the permittee for rental and installation costs incurred from the
date of installation until the date of removal. Payment not made by
the permittee within 30 days of the invoice date shall be collectable
in the manner provided by the law.
In no case shall a permittee open or remove a greater area of
street surface than specified in the original application. The permittee
shall not open any street area at a location not specified in the
permit. If the permittee determines during construction that an additional
area of the street will have to be opened, the permittee shall notify
and secure permission from enforcement officer for an additional opening.
Upon receipt of the permission, the permittee shall file a supplementary
application for the work no later than the next workday. Fee amounts
specified in this article shall be followed for any subsequent fees
associated with the supplementary applications.
The permittee shall guarantee and maintain all work for a period
of 24 months from the completion of the restoration and replacement
work. Within this twenty-four-month period, upon notification from
the Borough of necessary correction work required, including street
settlement, the permittee shall correct or cause to be corrected all
restoration work required within five calendar days of notification.
The enforcement officer shall determine the extent of the restoration
required and the method of correction. Any and all work not completed
within this five-day period may be completed by the Borough. The Borough
shall invoice the permittee for all the costs incurred by the Borough
in performance of this work, plus an additional 10% additional to
cover administrative expenses. Payment not made within 30 days of
the invoice shall be collectable in the manner provided by law, including
any allowable penalties.
If the enforcement officer determines that a person has committed
or permitted the commission of a violation of this article, the enforcement
officer shall inform such person in writing of the violation, shall
notify such person to cease the violation of this article, and shall
inform such person they must pay a civil penalty to the Borough within
the range of the amounts set forth below to settle the violation.
The penalty for a first offense shall be not less than $50 and not
more than $600; the penalty for a second offense shall not be less
than $100 and not more than $600; and the penalty for a third or greater
offense shall be not less than $200 and not more than $600. If such
person fails or refuses to remit the penalty to the Borough within
10 days from the date of the written notice of the violation of this
article, the Borough may commence a civil collection action in accordance
with Section 3321(b) of the Borough Code[1] and/or may commence an action in equity. In all enforcement
or collection actions, the Borough shall seek a judgment for the penalty
previously imposed together with additional daily penalties for continuing
violations plus all court costs, including the reasonable attorneys'
fees incurred by the Borough in the proceedings. Each day that a violation
continues shall constitute a separate violation, and each section
of this article which is violated shall constitute a separate violation.
[1]
Editor's Note: See 8 Pa.C.S.A. § 3321(b).
Any person aggrieved by a decision of the enforcement officer
under this article shall, to the extent allowed by law, be entitled
to a hearing before the Borough Council after notification is submitted
in writing to the Borough Manager requesting such appeal.
