[Adopted 9-15-2015 by Ord. No. 9-2015]
This article shall be known and be cited as the "Pave Cut Ordinance."
A.
Word usage. The following words, terms and phrases, when used in
this article, shall have the same meanings ascribed to them in this
section, except where the context clearly indicates a different meaning.
The word "shall" is always mandatory and not merely directory. Whenever
in this article the words "directed," "required," "permitted," "ordered,"
or "designated," or words of like importance, are used, it shall be
understood that the direction, requirement, permission, order, designation
or prescription of the Municipal Street Commissioner, Municipal Engineer
or their representatives or agents is intended; and similarly the
words "approved," "acceptable," or "satisfactory," or words of like
import, shall mean "approved by" or "acceptable to" the Municipal
Street Commissioner or Municipal Engineer or their representatives
or agents.
B.
APPLICATION FOR A PAVE CUT PERMIT
CAPITAL IMPROVEMENT
EMERGENCY REPAIR
FACILITIES
INSPECTION
MUNICIPAL CORPORATION
(1)
(2)
PAVE CUT LOG
PAVEMENTS
PERSON
PUBLIC UTILITY
(1)
(a)
(b)
(c)
(d)
(2)
(a)
(b)
(c)
SERVICE
STREET
UTILITY CORRIDOR
UTILITY RELOCATION
WORK
Definitions. As used in this article, the following terms shall have
the meanings indicated:
A form provided to the utility by the municipality, noting
pertinent data for the purposes of inspection and control by the municipality,
and constituting a receipt for services performed by the municipality.
Preplanned to improve or upgrade an existing system or to
install a completely new system providing new or additional service.
Work necessitated by the rupture or sudden malfunction of
existing underground facilities.
All the plant and equipment of a public utility, including
all tangible and intangible, real and personal property without limitations,
and any and all means and instrumentalities in any manner owned, operated,
leased, licensed, controlled, furnished or supplied for, by or in
connection with the business of any public utility; provided, however,
that no property owned by the Commonwealth of Pennsylvania or any
municipal corporation thereof on the date when this article becomes
effective shall be subject to any of the terms of this article, except
as elsewhere expressly provided herein.
A careful or critical investigation not necessarily confined
to optical observation but is understood to embrace tests and examination
for the purpose of ascertaining quality and compliance as prescribed
in this article and discovering and correcting errors.
All cities, boroughs, towns, townships or counties of this commonwealth
and also any public corporation, authority or body whatsoever created
or organized under any law of this commonwealth for the purpose of
rendering any service similar to that of a public utility. For the
purpose of this article, "municipal corporation" shall mean the Borough
of Moosic.
The Borough of Moosic.
A chronological record of pave cuts as reported to the municipality,
containing pertinent data as required by the municipality for the
purpose of inspection and control.
Roadway surfaces of machine-laid asphalt over a base of concrete,
brick, Belgian block, crushed stone, bituminous concrete or oil and
stone.
An individual, partnership or association, other than a corporation,
and includes their lessees, assignees, trustees, receivers, executors,
administrators or other successors in interest.
Persons or corporations now or hereafter owning or operating
in this commonwealth equipment or facilities for:
Producing, generating, transmitting, distributing or furnishing
natural or artificial gas, electricity or steam for the production
of light, heat or power to or for the public for compensation.
Diverting, developing, pumping, impounding, distributing or
furnishing water to or for the public for compensation.
Conveying or transmitting television or radio signals by cable
to the public for compensation.
Sewage collection, treatment or disposal for the public for
compensation.
The term "public utility" shall not include:
Any person or corporation, not otherwise a "public utility,"
who or which furnishes services only to himself or itself.
Any bona fide cooperative association which furnishes services
only to its stockholders or members on a nonprofit basis.
Any producer of natural gas not engaged in distributing such
gas directly to the public for compensation.
Used in this article in its broadest and most inclusive sense,
and includes any and all acts done, rendered or performed, and any
and all things furnished or supplied, and any and all facilities used,
furnished or supplied, by public utilities in the performance of their
duties under this article to their patrons, employees, other public
utilities and the public, as well as the interchange of facilities
between two or more of them.
Includes any street, highway, road, land, court, alley or
place of whatever nature, whether dedicated or not, open to the use
of the public as a matter or right for purposes of vehicular travel.
An area within any public right-of-way, usually underground
but not limited to the same, reserved for and assigned to a specified
utility for placing and operating its facilities for transmitting
and distributing its particular commodity or service.
Includes the adjustment, replacement or relocation of utility
facilities as required by a street construction or repaving project,
such as removing or reinstalling the facility, acquiring the necessary
right-of-way, moving or rearranging existing facilities, changing
the type of facility, and any necessary safety and protective measures.
It shall also mean the construction of a replacement facility functionally
equal to the existing facility, where necessary for the continuous
operation of the utility service, the project economy or sequence
of street construction.
The furnishing of all materials, labor, equipment and other
incidentals necessary or convenient to the successful completion of
the project and the fulfillment of all duties and obligations imposed
by this article.
[Amended 4-10-2018 by Ord. No. 10-2018]
No utility, corporation, person or other entity may make any
pave cut or opening without first giving notice to the Borough in
the manner herein provided with the date and location identified on
the application and securing a permit. The permit must first be obtained
before any opening can be made in any paved thoroughfare, cartway,
sidewalk or tree lawn in the municipality.
A.
Applications for a pave cut permit shall be available from the Municipality
of Moosic at the Municipal Building, 715 Main Street, Moosic, Pennsylvania
18507. An authorized agent of a utility or contractor may complete
said application at the Municipal Building. This shall be done a minimum
of 24 hours in advance of a planned excavation. A copy of the completed
application, signed by the Borough, or Borough Engineer, or their
agents, shall be in the hands of a competent person at the work site
described in said application and shall constitute a permit.
B.
The municipality shall keep a record of all permits so granted and,
before granting the same, shall collect from the applicant a permit
application fee in the amount set forth by Borough resolution in this
article. Public utilities may be billed.
A.
Applications for a pave cut permit shall be available from the Municipality
of Moosic at the Municipal Building, 715 Main Street, Moosic, Pennsylvania
18507. An authorized agent of a utility or contractor may complete
said application at the Municipal Building. This shall be done a minimum
of 24 hours in advance of a planned excavation. A copy of the completed
application, signed by the Borough, or Borough Engineer, or their
agents, shall be in the hands of a competent person at the work site
described in said application and shall constitute a permit.
B.
The application for the permit shall state the name and address of
the applicant, the nature, location and purpose of the excavation,
the date of commencement and the expected date of completion of the
excavation, as well as the length and width of the cut and such other
date as may reasonably be required by the municipality. When, in the
sole opinion of the municipality, the excavation and/or construction
planned is extensive, the municipality may require the application
to be accompanied by plans showing the extent of the proposed excavation
work and elevations of both the existing ground prior to said excavation
and the proposed elevated surfaces, the location of the excavation
work and such other information as may be prescribed by the municipality.
C.
The municipality shall keep a record of all permits so granted and,
before granting the same, shall collect from the applicant a permit
application fee in the amount set forth in the fee schedule set in
this article. Public utilities may be billed for permit fees monthly.
D.
The contractor or utility performing the work must notify the Borough
before any backfill or permanent pavement is placed so that an inspector
may be dispatched to the site to inspect the work. All backfill and
permanent pavement work must be performed under the continuous observation
of a Borough-designated inspector/testing agency.
E.
It shall be unlawful for any person, firm or corporation to make
any opening, cut or excavation in or under any street, alley or other
thoroughfare within the limits of the Borough of Moosic unless and
until a permit therefor is secured for each separate undertaking.
The police shall promptly prohibit any work from being done without
a permit and shall halt any work in progress being performed without
a permit.
In the event of any emergency in which a main, conduit or utility
facility in or under any street breaks, bursts or otherwise is in
such condition as to immediately endanger the property, life, health
or safety of any individual, the person owning or controlling such
main, conduit or utility facility, without first applying for and
obtaining an excavation permit hereunder, shall immediately take proper
emergency measures to cure or remedy the dangerous conditions for
the protection of property, life, health and safety of individuals.
However, such person owning or controlling such facility shall apply
for a pave cut permit no later than the end of the next succeeding
day during which the Borough office is open for business. In addition,
the utility shall immediately notify the municipality and inform it
that an emergency exists as soon as it becomes aware of said emergency.
An emergency contact number will be provided by the Borough so that
an inspector can be dispatched to the site of the emergency repair.
An inspector must be present to inspect the backfill and permanent
pavement work for all emergency repairs.
[Amended 4-10-2018 by Ord. No. 10-2018]
A.
Any utility, corporation, person or entity making pave cuts or openings
upon public roads, cartways, sidewalks or tree lawns within the Borough
without furnishing the required notification, application, and permit
and remitting the appropriate pave cut fee as set forth herein, or
violating any other provision set forth in this article, may be cited
in accordance with this article and upon conviction shall be sentenced
to pay a fine of not more than $600 and costs of prosecution, as well
as the costs of restoring and/or maintaining the pave cut(s) and roadways
in accordance with any applicable PennDOT and Borough engineering
standards.
B.
Failure to return to Moosic Borough to permanently repair a cut and/or
roadway as required hereby shall result in the imposition of a fine
of not more than $600 and costs of prosecution in addition to the
imposition of costs as set forth herein.
C.
In addition to all of the remedies, the Borough may impose the following:
(1)
It shall be illegal for any person, partnership, corporation or other
legal entity (collectively "person") to violate the terms of this
article, and a person violating the same shall be prosecuted under
the rules of procedure for summary proceedings before a District Justice.
Any conviction of a violation of any section or subsection of this
article shall result in the imposition of a fine of $600 plus costs,
or in default of payment of said fine and costs the offender may be
sentenced to a term of imprisonment subject to Pa.R.C.P. No. 456(c)
and 42 Pa.C.S.A. § 9730(b). A separate offense under this
article shall be deemed to occur for each day for which a violation
occurs. Nothing herein is intended to impede or restrict the prosecution
of any criminal offense for any person continuing to violate the terms
of this article or any order to stop or desist from any illegal conduct
or from being charged with any separate offense under the criminal
codes or otherwise. In addition to the penalties provided herein,
the Borough may sue at law or in equity to enjoin violations herein
and in addition to damages may recover reasonable attorney's
fees, court costs, court reporter's fees, and other expenses
of litigation by appropriate suit at law or in equity against the
person, partnership, corporation, or other legal entity found to have
violated this article, or the orders, rules, regulations, and permits
issued hereunder.
(2)
In addition to assessment penalties and liens, under Subsection C(1), any person who violates or permits a violation of this article, upon being found liable therefor in a civil enforcement proceeding before a District Justice or Magisterial District Judge, shall pay a fine and/or penalty of $600 per violation, plus all court costs, including reasonable attorney's fees incurred by the Borough in the enforcement of this article. Each day the violation exists shall constitute a separate offense. In any case where a penalty for a violation has not been timely paid, and the person against whom the penalty was imposed is found to have been liable therefor in civil proceedings, the violator shall be liable for the penalty imposed, including additional daily penalties for attorney's fees incurred by the Borough in the enforcement proceedings. If the violator neither pays nor timely appeals the judgment, the Borough may enforce the judgment pursuant to the applicable Rules of Civil Procedure or as otherwise permitted by law.
(3)
In addition to all of the remedies, the Borough is authorized to
exercise and reserves all rights of enforcement and remedies for municipal
claims and tax liens as permitted by law.
(4)
In addition to or in lieu of a civil action before a District Justice
or Magisterial District Judge, or court, the Borough may enforce this
article in equity. The appropriate officers or agents, including the
Borough Council, Borough or Code Officer of the Borough are hereby
authorized to seek equitable relief, including injunctions, to enforce
compliance herewith.
(5)
The Borough shall be exempt from the payment of costs in any civil
case brought to enforce this article.
(6)
Each day a violation occurs shall be a separate offense.
(7)
The reasonable attorney's fees shall be at the rate of $125
per hour. Said sum may be amended by resolution of the Borough from
time to time.
D.
Responsibility for enforcement. In order to maintain uniformity of
enforcement and centralized recordkeeping, the Moosic Borough Secretary
and/or Code Officer and/or Engineer shall be the primary enforcers
of the regulations set forth in this article, making all violations
known to Moosic Borough, who will thereafter initiate enforcement
of these provisions as outlined in this article.
E.
In addition to all other remedies and penalties, all work done without
a permit shall be subject to the penalty provided, plus regular fees
and required bonds or cash deposits.
Any backfill or permanent pavement work performed without the
presence of a Borough-designated inspector present shall be removed
and replaced under the observation of a Borough-authorized inspector
at the cost of the contractor performing the work. The removal and
replacement of any uninspected work will be at no cost to the Borough.
A.
The applicant shall be insured as set forth below and shall protect,
defend, indemnify and save harmless the municipality, its officers
and/or agents thereof from all claims, suits, actions and proceedings
of every nature and description which may be brought against the municipality,
its officers or agents thereof for or on account of any injuries or
damages to persons or public or private property because of any materials
or appliances used in the work or by or on account of improper materials
or workmanship or for or on account of any accident or any other act,
negligence or omissions of said applicant or his agents, servants
or employees, and the municipality shall not, in any way, be liable
therefor during the period of the work progress and for the period
following the completion of the work until the street is resurfaced
or reconstructed by the municipality.
C.
Evidence of insurance in the form of a certificate or letter executed
by a duly authorized representative of the applicant's insurance
carrier shall be submitted to the municipality no later than each
January 15. Said evidence of insurance must include the provision
that the municipality shall be given proper advance notice of at least
30 days of cancellation or any material alterations in the applicant's
policy.
During the progress of work, the applicant shall provide and
maintain such barricades, warning signs and flag persons as may be
deemed necessary by the municipality to prevent accidents to the public
and/or adjoining tenants. Minimum precautions must include, but should
not be limited to, advance warning signs on all approaches to the
work, safe crossing for pedestrians a minimum of each 300 feet, and
barricades with flashers on each exposed side at fifty-foot intervals.
All precautions shall be in accordance with the Manual of Uniform
Traffic Control Devices, as adopted by the United States Department
of Transportation, Federal Highway Administration, 1971 Edition, Part
IV, Traffic Controls for Street and Highway Construction and Maintenance
Operations, or the most-recent edition of the same.
[Amended 4-10-2018 by Ord. No. 10-2018]
No street in the Borough of Moosic may be completely closed
to traffic at any time. One lane of traffic must be able to pass unobstructed
at all times. Flag persons must be posted at the limits of work at
all times to direct traffic through the work area, and all established
traffic patterns must be maintained at all times. If all other means
of traffic control have been exhausted, the municipality may permit
a road to be completely closed temporarily, only with the consent
of the Chief of Police and the Fire Chief. When an emergency exists,
the Police and Fire Departments shall be notified. An application
form for a permit to close a street will be available from the municipality.
The completed application, bearing the signatures of the before-mentioned
officers, shall be returned to the applicant and shall constitute
a permit. The applicant/contractor must notify the Lackawanna County
Communications Center of any road closure for construction activity
at its nonemergency contact number, prior to the implementation of
any such closure. A penalty shall be imposed for failure to notify
the Police Chief, Fire Chief and Lackawanna County Communications
Center.
For small area pave cuts (those 25 feet or less in length),
the utility or contractor shall be required to complete the backfilling
within 48 consecutive hours of the initial cut during the normal working
week, excluding holidays and weekends. Extension time may be allowed
upon appeal to the Municipal Street Commissioner or Municipal Engineer,
provided that the contractor substantiates sufficient reasons for
the extension required. Work on long cuts (those over 25 feet in length)
shall proceed in a continuous manner in accordance with safety precautions.
Permits for long cuts or capital improvements will not be granted
during the months of November through March except by written permission
from the Municipal Street Commissioner or Municipal Engineer. The
utility or contractor shall coordinate planned cuts in the municipal
streets with the paving program of the municipality as they become
available. The municipality will provide a paving program for a one-year
period to the utilities prior to February 15 of each year. Changes
in the utilities' schedule of planned cuts shall require a confirmation
from the Municipal Street Commissioner or Municipal Engineer. Changes
in the municipal paving program shall be submitted to all utilities
at the earliest possible date to permit the utilities to adjust their
respective schedules.
All excavations shall be commenced and completed by the use
of a reasonable workforce. In congested areas and the Central Business
District, the municipality may limit work to other than normal daytime
working hours. At the cessation of work, adequate steel plates shall
be placed over the excavation while it is not being worked to ensure
full traffic flow. The maximum length of any opening in the roadway
shall be 200 feet unless otherwise permitted, in writing, by the Municipal
Engineer or Municipal Street Commissioner.
In peak traffic areas, as determined by the Municipal Street
Commissioner or Municipal Engineer, all excavated material shall be
removed daily at the cessation of work. All gutters and drainage devices
shall be kept clean of all debris and excavated material. Hydrants
adjacent to the work shall be, at all times, readily accessible to
fire apparatus, and no material or obstructions shall be placed within
15 feet of any hydrant.
The suitability of material to be used as backfill shall be
determined by the Municipal Street Commissioner or Borough's
designated testing/inspection agency. All materials not conforming
to the requirements of this article, whether in place or not, shall
be rejected. Such materials shall be removed promptly from the worksite.
Material which is unsuitable and any surplus of excavated material
shall be considered waste and shall be disposed of by the utility
or contractor beyond the project limits. In no case shall waste material
be left at the worksite.
[Amended 4-10-2018 by Ord. No. 10-2018]
A.
The Street Commissioner or Borough Engineer shall be the judge of
the stability and suitability of the fill material. In no case will
excessively wet or dry material be allowed as fill material. Fill
must be compacted to a dry density at least equal to 95% of the maximum
dry density attained by the Modified Proctor Test, ASTM D1557, latest
revision, Method C or Method D, as designated by the Street Commissioner
or Borough Engineer.
B.
PennDOT 2A coarse aggregate, AASHTO #8 stone or special bedding material
as may be required by the particular utility's bedding/conduit
envelope specifications, as approved by the Street Commissioner or
Borough Engineer, shall be deposited in the trench beneath and simultaneously
on both sides of the pipe for the full width of the trench to a height
of at least six inches above the top of the pipe, placed and hand-tamped
to fill completely all spaces under and adjacent to the pipe. The
contractor shall procure the required approved material for backfilling
around the pipe at no cost to the municipality.
C.
Succeeding layers of backfill shall be placed utilizing PennDOT 2A
coarse aggregate.
D.
Whenever suitable material (PennDOT 2A coarse aggregate) exists within
the upper four feet of the finished grade of the paved or traveled
portions of the street or roadway and is removed by the excavation,
the contractor may stockpile and place said material as backfill in
the upper four feet of the finished grade. The Street Commissioner
or Borough Engineer shall be the judge of the suitability of such
material for reuse within the excavated trench area, and all costs
associated with any required testing to substantiate the suitability
of said material shall be the sole responsibility of the utility/contractor.
E.
As an alternate, 250 psi flowable fill may be used. Flowable fill
shall be in accordance with PennDOT Publication 408, Section 220 (latest
edition) with a compressive strength not less than 150 psi.
[Amended 4-10-2018 by Ord. No. 10-2018]
A.
The Street Commissioner or Borough Engineer must be notified at least
12 hours in advance of placing any backfill for inspection purposes.
No backfill shall be placed without a Borough-designated inspector
present. In backfilling, six-inch layers shall be placed in the deepest
portion of the backfill, and as placement progresses, each six-inch
layer shall be horizontally constructed. Compaction operations shall
be continued using mechanical tampers until each layer of fill is
compacted to a dry density at least equal to 95% of the maximum dry
density attained by the Modified Proctor Test, ASTM D1557, latest
revision, Method C or Method D, as designated by Street Commissioner
or Borough Engineer.
B.
Backfilling shall be done in such manner as to obtain compaction
through the entire length of backfill not less than that which exists
adjacent to the excavation, but in no case less than the compaction
requirements noted above. The method of backfilling shall be consistent
with good engineering practice. Backfilling shall begin as soon as
practical after the pipe or other construction has been placed and
shall thereafter be carried on as rapidly as protection of the balance
of the work will permit.
C.
Depositing of backfill shall be done so the shock of falling material
will not injure the pipe or adjacent structures.
D.
All deficiencies in the quality of material for backfilling the trenches
or for filling depressions caused by settlement shall be supplied
by the contractor.
E.
In all cases, the contractor shall blade and compact the roadway
after the trench has been backfilled so that it shall be passable
to traffic at all times. The contractor shall maintain the roadway
in a condition acceptable to the Borough Engineer or Street Commissioner
at all times until final approval of the entire work by the municipality.
F.
The contractor shall remedy, at his own expense, any defects that
appear in the backfill for a period of two years following compaction.
[Amended 4-10-2018 by Ord. No. 10-2018]
A.
The Street Commissioner or Borough Engineer must be notified in advance
of placing any permanent pavement for inspection purposes. No pavement
shall be placed without a Borough-designated inspector present.
B.
Where the excavation is in a paved surface, the pavement shall be
restored with not less than six inches of 2A subbase, 4 1/2 inches
of 25 mm Superpave base course or the full depth of the adjacent permanent
bases, whichever is greater, and 1 1/2 inches of 9.5 mm Superpave
wearing coarse. All materials and work shall meet the requirements
of PennDOT Publication 408 Specifications (latest edition), Sections
350 and 409 respectively. Prior to replacement of the pavement, one
foot outside of each edge of the opening shall be sawed the full depth
of pavement and stone base in a neat straight line (one-foot cutback).
The detached material shall be removed without damaging the adjacent
pavement. The final pavement joint between new and existing pavement
shall be sealed with PG 64-22 or other sealant approved by the Street
Commissioner or Borough Engineer to a width of four inches on either
side of the joint. The Street Commissioner or Borough Engineer shall
be contacted to verify the sealant material to be used for all pave
joints, in case the required sealant designation changes from that
specifically provided herein. In cases where pave cuts are made between
December 1 and April 15, the pavement restoration shall consist of
cold patch or similar temporary material, as approved by the Street
Commissioner or Borough Engineer. Final pavement restoration shall
be completed as specified hereinabove during the next paving season,
but in no event later than July 1, unless prior approval is received
from the Street Commissioner or Borough Engineer. Maintenance of the
temporary patch shall be the responsibility of the contractor.
C.
When a longitudinal opening longer than 100 linear feet is made in
the pavement, the entire roadway width shall be milled and overlaid
with 9.5 mm Superpave within the area of the opening. When four or
more transverse openings are made within 100 linear feet of pavement,
the entire roadway width shall be milled and overlaid with 9.5 mm
Superpave within the total opening length, including those areas unexcavated.
Overlay shall consist of 1 1/2 inches (minimum) of 9.5 mm Superpave
wearing coarse. A milled paving notch, with a minimum ten-feet transition,
shall be provided at each end of the overlay.
D.
When any street is overlaid, the applicant/permittee shall construct
new ADA curb ramps at each affected intersection. ADA ramp designs
must be in accordance with current PennDOT standards and must be submitted
to the Borough Engineer for approval prior to construction.
A.
The Street Commissioner or Borough Engineer must be notified in advance
of placing any permanent pavement or concrete for sidewalks or curbing
for inspection purposes. No pavement or concrete for sidewalks or
curbing shall be placed without a Borough-designated inspector present.
B.
Where the removal of a portion of a curb, sidewalk, or curb and gutter
is required to perform work, the curb, sidewalk, or gutter shall be
restored as follows:
(1)
Asphalt sidewalks shall be a minimum of two inches of 9.5 mm Superpave
wearing coarse or the thickness of the adjacent materials, whichever
is greater.
(2)
Asphalt curbs shall meet the requirements of PennDOT Publication
408 Specifications (latest edition), Section 636. The minimum allowable
length of a replaced curb shall be four feet.
(3)
Concrete sidewalks shall meet the requirements of PennDOT Publication
408 Specifications (latest edition), Section 676. The minimum allowable
length of a replaced concrete sidewalk shall be four feet.
(4)
Concrete curbs shall meet the requirements of PennDOT Publication
408 Specifications (latest edition), Section 630. The minimum allowable
length of a replaced curb shall be four feet.
(5)
Stone curbs shall be replaced in kind. A minimum length of replaced
curbs shall be four feet.
(6)
Where curbing and/or sidewalks are composed of other materials (brick,
pavers, granite, flagstone, etc.), every attempt should be made to
save the original materials and replace them during restoration.
(7)
The replacement of all walks, curbs, gutters, etc., shall be made
in kind in accordance with the above-noted specifications.
Power-driven concrete saws or air hammers shall be used on all
cuts in Portland-cement-based pavements. The cuts must be of sufficient
depth to provide a smooth edge. No pavement busters, such as drop
hammers, hoe rams and the like, shall be used without the written
permission of the Street Commissioner or designated testing/inspection
agency.
[Amended 4-10-2018 by Ord. No. 10-2018]
In the event a cut is made and, upon inspection, damage to another
utility's underground facilities is discovered, it shall be the
responsibility of the party making the cut to contact the Municipal
Street Commissioner or Borough Engineer and all concerned pertinent
utilities to allow the utility to have its respective representatives
inspect the condition before any backfilling is begun. The contractor
conducting the excavation work shall be responsible for any and all
damages incurred in connection with his operations.
All contractors shall ensure compliance with the provisions
of all applicable and relevant state, local and federal statutes,
rules and regulations.
[Amended 4-10-2018 by Ord. No. 10-2018]
A.
The Borough Engineer shall inspect all cuts, backfilling, pavement
restoration and curb/sidewalk restoration work that occurs within
the municipality's right-of-way in connection with any permits
issued under this article. An inspection fee shall be charged for
this inspection (see fee schedule.[1]) Such inspection fees shall constitute acceptance of work
performed by the contractor, but it is understood that such acceptance
does not relieve the utility of any responsibility under this article
throughout the guaranty period.
B.
In order to ensure proper testing, the utility or contractor shall
retain an independent testing company meeting the following requirements:
(1)
Maintains a facility that is AMRL and CCRL certified and meets the
minimum requirements of ASTM E-329.
(2)
Has the ability to provide field-testing technicians that have the
appropriate ACI, NICET, and NECEPT certifications for testing of the
work being performed as follows:
|
Type of Work
|
Required Certifications
|
|---|---|
|
Permanent backfill
|
NICET Level I soils and QC nuclear regulatory certified
|
|
Permanent asphalt paving
|
NICET Level I asphalt and NECEPT bituminous field test technician
|
|
Permanent concrete (sidewalks or curbs)
|
NICET Level I concrete and NECEPT concrete field test technician
|
(3)
Has the ability to mobilize for contractor requests within one hour
of being notified.
(4)
Has the ability to submit testing reports to the Borough Engineer
upon completion of work.
C.
All costs associated with all testing shall be borne solely by the
utility or contractor and will not be included within any permit costs
or fees. The utility or contractor shall contract separately with
the independent testing company.
D.
For all excavations within Borough rights-of-way, the independent
testing company shall conduct the required compaction tests for permanent
backfill at a minimum frequency of one test per 100 linear feet of
pipe trench or part thereof at vertical intervals of two feet starting
two feet above the pipe, unless more frequent testing is required
by the Borough Engineer due to suspect compaction methods of the utility
or contractor.
E.
For all concrete work within Borough rights-of-way, the independent
testing company shall take cylinders and conduct compression tests
as well as slump and air entrainment tests in accordance with ACI
301. Test results shall be submitted to the Borough Engineer. The
testing company shall utilize the following guidelines unless directed
otherwise by the Borough or the Borough Engineer:
(1)
Five concrete test cylinders will be taken for concrete placed each
day. Two cylinders will be broken at seven days and two at 28 days
with one held in reserve. Follow ASTM C31 and C39. One additional
test cylinder will be taken during cold weather and cured on site
under the same conditions as the concrete it represents.
(2)
One slump test will be taken for each set of test cylinders taken.
Follow ASTM C143.
(3)
One air entrainment test will be taken for each set of test cylinders
taken for air-entrained concrete. Follow ASTM C173 or C231.
Upon notification from the municipality of a planned street
repaving, resurfacing or reconstruction, all utilities will be required
to test their lines and service and to schedule necessary capital
improvements or new main lines and service connections prior to resurfacing
or reconstruction. Thereafter, any cuts which will be permitted in
new pavement and any permits issued for the same shall be subject
to the following:
A.
Pavement shall be considered new for a period of three years from
the date of final and complete placement of new pavement.
B.
Any utilities or contractors who make cuts in new pavement shall
be required to make permanent restoration and repaving and resurfacing
of said openings in pavement. Permanent restoration must be completed
within 30 days of the initial cut. Any delay or failure of restoration
will be reported to the pertinent utility, and repairs by the utility
will begin within 24 hours after notification. Upon failure of the
utility to repair the cut in a satisfactory manner, the municipality
shall have the option to do the work or to contract to complete the
work and bill the utility for the costs of permanent restoration,
plus 20%. In addition, penalties for noncompliance shall be levied
against the utility or contractor. All backfilling of new pavement
cuts shall be in accordance with the backfilling requirements and
provisions set forth in this article. Prior to the placement of the
base course, the existing base and surface must be exposed 12 inches
on each side of any depressions that may have developed. Restoration
of base pavement shall consist of 25 mm Superpave base course for
the full depth of the adjacent permanent base or for a depth of six
inches, whichever is greater. The wearing course of top coat shall
be placed at a minimum depth of 1 1/2 inches and shall be 9.5
mm Superpave wearing course and shall be rolled to conform with the
existing road and the edges sealed. Surface treatments such as sand
or chip seals are prohibited. On long cuts (those greater than 25
feet in length), surface finishing must be rolled with not less than
a six-ton roller. Small cuts may be finished with a mechanical tamper
or vibrator. All openings in new pavement, regardless of size, must
be permanently restored.
C.
The permanent restoration of special-type pavements, such as concrete,
brick, Belgian block, cobblestone, gutters or tiles, shall consist
of re-laying the original wearing course in accordance with the original
installation specifications in such a manner as to prevent settlement
or other determination.
D.
Whenever any utility or contractor shall make cuts in new pavement
for purposes of replacing a main line on a street or part thereof
or for purposes of making any capital improvements or improving or
upgrading an existing system, or when any utility or contractor shall,
for any purposes, except emergency purposes, make a cut or cuts in
new pavement totaling 90 square feet or more within any block in the
Borough, then the utility shall be required to backfill and permanently
restore, refinish, mill and repave the entire width of said street
from curb to curb for the entire length of the block or blocks of
said street or streets where there is located any pave cut or cuts
or parts thereof, with said backfilling and restoring, refinishing,
milling, and repaving to be done in accordance with the provisions
of this article. (The purpose of this provision is to encourage utilities
to replace their main lines and make capital improvements or improve
or upgrade their systems prior to new repaving so as to prevent subsequent
cutting of new pavement.)
E.
The utility shall be required to notify the Street Commissioner or
Borough Engineer prior to commencement of permanent restoration. Such
permanent restoration must be commenced and completed promptly. Any
delay or failure of restoration will be reported to the pertinent
utility, and such work shall commence by the utility within 24 hours
after notification. Upon failure of the utility to restore the street
in a satisfactory manner, the municipality shall have the option to
do the work or to contract to complete the work and bill the utility
for the costs of permanent restoration, plus 20%. In addition, penalties
for noncompliance shall be levied against the utility or contractor.
[Amended 4-10-2018 by Ord. No. 10-2018]
The utility and/or its contractor must replace, in kind, all
pavement markings damaged or removed by pave cuts and work incident
thereto. All markings must be replaced within five days after permanent
restoration. Should the contractor fail to replace the same, the municipality
shall contract to have the necessary repairs made and bill the utility
for the costs of the work, plus a penalty of 20%.
Electronic traffic control devices and ancillary equipment damaged
or removed because of pavement excavation or work incident thereto
must be replaced by the utility or its contractor, in kind, in whole
or in part as required by the Street Commissioner or designated testing/inspection
agency. The municipality shall contract to have the necessary repairs
made and bill the utility.
All property pins or survey control monuments damaged or altered
as a result of the contractor's work shall be replaced at the
contractor's expense by a registered Pennsylvania professional
land surveyor.
The Borough of Moosic provides by this article for the laying,
renewing and repairing of all gas, water or other pipes or conduits
in any street before the paving, repaving or repairing of the same
and for making the necessary house connections with said pipes and
also for the necessary house connections and branches with and leading
into main or lateral sewers, provided that in no case, except as a
sanitary measure, of which the municipality shall be the judge, shall
the Borough of Moosic require such house connections to be extended
further from such sewers or from such gas, water or other pipes or
conduits than to the inner line of the curbstone of such corporations,
persons and owners affected and, in default of compliance therewith,
shall cause said pipes to be laid, renewed or repaired and said connections
made and collect the costs of paving and repairing all pipes or conduits
with interest; and the cost of the sewer connections shall be a first
lien against the land for whose benefit such connections are made.
A separate lien may be filed therefor, or such sewer connection costs
may be included in any lien filed for the costs of such street improvement,
and the lien and the proceedings thereon shall be as in the case of
other municipal liens.
The Municipal Engineer shall have the final decision for determination
of lines and grades for street reconstruction. This decision shall
be based on good engineering practice and municipal standards. The
determination by the Street Commissioner or designated testing/inspection
agency shall be final.
[Amended 4-10-2018 by Ord. No. 10-2018]
The following minimum depths (to the top of the pipe or conduit)
for pipes and conduits are assigned to the utilities operating under
this article, unless specific site conditions warrant lesser depths,
and then only as approved by the Street Commissioner or Borough Engineer:
A.
Gas lines shall be a minimum of 30 inches below grade.
B.
Water service lines shall be a minimum of 36 inches below grade;
a water main shall be a minimum of five feet below grade.
C.
Electric lines and conduits shall be a minimum of 24 inches below
grade.
D.
Telecommunication lines and conduits shall be a minimum of 36 inches
below grade.
Aerial installations of electric power transmission and telecommunications
lines suspended from supporting poles having their base and/or support
wires within the public right-of-way and interfering with a roadway
construction, reconstruction or repair project shall be located upon
written order from the County Zoning Officer or Street Department
to a point specified therein. The Borough Engineer may require the
utility to place its aerial facilities underground where it is deemed
necessary or desirable. Hereafter, aerial installations shall be placed
subject to approval by the Borough Engineer. The Borough Engineer
shall assign horizontal corridors on a case-by-case basis for all
new construction. All gate boxes, shutoff valves and other regulating
devices underground for individual customers for gas, water, steam,
electric and telecommunications lines shall be located inside the
inner line of the curbstone or, in the case where no curbing exists,
to a point specified by the Engineer or his agent.
A.
An existing utility right-of-way is owned by the utility and interferes
with a municipal construction project.
B.
Utility relocation may be necessary for the installation, maintenance
or repair of municipally owned or operated utility systems, such as
the municipal sewer systems, or where the installation or modification
of a municipally owned or operated utility is a part of a roadway
construction project.
A.
Upon receipt of a letter from the Street Commissioner or Municipal
Engineer authorizing the start of physical work, the utility shall
commence work within 30 days, unless otherwise stated by the Street
Commissioner or designated testing/inspection agency with reasonable
cause shown in order to clear the construction area. The utility shall
perform the relocation work in accordance with the approved plan of
the Engineer. The utility shall ensure compliance with the provisions
of all relevant local, state and federal acts, rules and regulations.
B.
Utility relocation shall be accomplished by the utility to assure
its completion prior to the commencement of roadway construction.
Areas of utility relocation work which cannot be accomplished prior
to the start of construction but can be accomplished simultaneously
without restriction of the roadway project contractor may be done
concurrently with the contractor's operations when approved by
the Engineer and the municipality's contractor.
C.
It is acknowledged that field conditions occasionally necessitate
revision of the utility relocation plan. It shall be the responsibility
of the utility to report and justify such revisions and to correct
any data on file with the Engineer. The utilities are required to
obtain the contractor's concurrence prior to such revisions within
the right-of-way of the project under construction. Minor modifications
of the relocation plan may be made without prior approval of the Engineer.
All such changes shall be brought to the attention of the project
engineer and shall be noted in the daily inspection report.
The Council provides by this article that the responsibility
and authority for the administration and enforcement of this article
shall rest in the office of the Municipal Engineer and/or Municipal
Street Department.
The Engineer may appoint as his representatives persons to enforce
this article. These agents shall have the authority and responsibility
for the enforcement of this article as vested in the Engineer.
When work performed by a utility or contractor under this article
is found in violation of the same, the contractor or utility may be
given the opportunity to make corrections as required by the municipality.
If the corrections are not completed in the specified time or not
completed as specified, the municipality may suspend all work, whether
completed or in progress, in noncompliance with this article and take
appropriate safety precautions. All work performed or contracted by
the municipality to attain compliance in this regard shall be billed
to the utility or contractor, plus a penalty of 20%. In addition,
a penalty for noncompliance shall be imposed.
The utility shall actively resume work upon order from the municipality
after suspension.
If the utility or contractor fails to make adequate corrections
to work found in noncompliance with this article in the time specified,
a penalty shall be imposed until said corrections are completed to
specifications.
A.
The municipality reserves the right to bar any contractor or his
employee from working within the municipal limits whose work is found
in noncompliance with this article. The municipality reserves the
right to refuse issuance of a permit to any applicant who fails to
maintain pave cuts in accordance with this article or who failed to
pay sums due to the municipality within 30 days from the date of billing.
B.
The municipality reserves the right to refuse issuance of a permit
to cut new pavement.
Every public utility shall file with the municipality a designation,
in writing, of the name and the post office address of a person within
the Commonwealth of Pennsylvania upon whom service of any notice,
order or process may be made under this article. Such designation
may, from time to time, be changed by like writing, similarly filed.
At the discretion of the municipality, licensed contractors,
other than those under contract to a utility, may be permitted to
make an opening, cut or excavation in the municipality's public
streets. Sections pertaining to public utilities shall be applicable
to licensed contractors. (See fee schedule.)[1]
[Added 4-10-2018 by Ord.
No. 10-2018]
A.
Public utility companies desiring to open a street in the Borough shall provide a bond of indemnity which shall be properly executed and filed with the Borough. Such bond shall be in the amount of $50,000 and shall cover street opening work performed in one calendar year and shall be for the same amount each year thereafter, unless otherwise required to be adjusted by Borough Council. Any approved bond amount adjustment shall also be applied for the calendar year immediately following the year in which the adjustment was made. A bond of indemnity shall be in effect for a minimum of 24 months in accordance with Subsection C and § 264-72.7.
B.
All other persons, except contractors performing work for the Borough, desiring to open a street shall furnish a properly executed corporate surety bond or equivalent cash deposit. Said bond shall be executed by a reputable surety company listed on the current United States Treasury Department's Circular 570, as amended, and must be licensed to do business in the Commonwealth of Pennsylvania. Said bond shall cover street-opening work performed during one calendar year. The bond shall be in effect for a minimum of a twenty-four-month period in accordance with Subsection C and § 264-72.7. The amount of the bond or cash deposit shall be $200 per square yard of required pave restoration area or part thereof, with a minimum bond or cash amount of $1,500 for each pave cut requested. The amount of the bond or cash deposit required by this subsection may be increased, reduced or waived by the Borough upon advice of the Borough Engineer that such increase, reduction or waiver is required or appropriate in view of the type of pave cut to be performed.
C.
The bonds or cash deposits shall be released by the Borough upon
the written notification by the Borough Engineer of a satisfactory
inspection of the subject restoration work.
[Added 4-10-2018 by Ord.
No. 10-2018]
The applicant/permittee shall guarantee and maintain his work
for 24 months from the completion of the restoration work. Within
this twenty-four-month period, upon notification from the Borough
of necessary correction work required, the applicant/permittee shall
correct or cause to be corrected all restoration work required within
five calendar days of receipt of the notification. The Borough Engineer
shall determine the extent of restoration required and the method
of correction. Any and all work not completed within this five-day
period, or within any extension of time granted by the Borough for
just cause, may be completed by the Borough. The Borough shall invoice
the applicant/permittee for all costs incurred by the Borough in performance
of this work. Payment not made within 30 days of the invoice date
will be chargeable against the posted bond or cash deposit, including
all fees and costs involved in the collection of this payment.
[Amended 4-10-2018 by Ord. No. 10-2018]
All litigation, hearings, investigations and other proceedings,
whatsoever, pending under any act repealed by this article, shall
continue to remain in full provisions of this article. All orders,
rules or regulations issued or filed under any act repealed by this
article, and in full force and effect for the term issued or until
revoked, vacated or modified under the provisions of this article,
and all existing contracts and obligations entered into or created
under any act repealed by this article, and in force and effect upon
the effective date of this article, shall remain in full force and
effect, except for any matters relating to future fees for permits
and permanent pavement restoration fees, which shall be governed by
those fees set forth in this article.
The repeal by this article of any other act shall not revive
any law heretofore repealed or superseded and shall not impair or
affect any act done, offense committed or liability, penalty, judgment
or punishment incurred prior to the time this article takes effect,
but the same may be enforced, prosecuted or inflicted as fully and
to the same extent as if this article had not been passed.
A.
Acknowledgment of guilt. Any person charged with violating any provision
of this article may sign an acknowledgment of the offense committed,
either before or after the beginning of suit, and pay to any duly
authorized agent of the Borough the maximum penalties provided by
Moosic Borough Council, together with costs accruing to that date.
Such person shall receive a printed receipt therefor, which shall
bear the imprint of the Seal of the Borough and the signature of its
Council President, which shall be evidence of full satisfaction of
the offense committed.
[Amended 4-10-2018 by Ord. No. 10-2018]
B.
Penalties. Any person, firm or corporation who shall violate any
provision of this article shall, upon conviction thereof, be sentenced
to pay a fine and/or penalty of not more than $600 plus cost, or,
in default of payment of such fine and costs, shall be subject to
imprisonment for a term not to exceed 30 days. Every day that a violation
of this article continues shall constitute a separate offense.
C.
Civil action. In addition to the foregoing, said Borough may pursue
such other and additional remedies as may be authorized by law.
[Amended 4-10-2018 by Ord. No. 10-2018]
A.
Fees shall
be as follows:1, 2, 3
|
Permits/Services/Penalty
|
Fee
| ||
|---|---|---|---|
|
Processing and issuing a permit
|
$25 each
| ||
|
Processing and issuing a permit to close a road
|
$25 each
| ||
|
Inspection
| |||
|
First hour (minimum inspection)
|
$55 per hour
| ||
|
Second hour or hours thereafter or part thereof, per hour
|
$55 per hour
| ||
|
Engineering fees incurred by the Borough shall be paid within
30 days of billing, in addition to the hourly rates provided above.
| |||
|
Field testing, testing, laboratory tests and similar tests shall
be paid within 30 days, in addition to the hourly rates if the testing
is not provided by the utility or contractor.
| |||
|
Penalty for failure to obtain a permit
|
$600 per event per day
| ||
|
Penalty for noncompliance with any other section or part thereof
(each day)
|
$600 per event per day
| ||
|
NOTES:
| ||
|---|---|---|
|
1
|
All invoices to a permitee shall be the fee plus 10%.
| |
|
2
|
Inspection fees between the hours of 5:00 p.m. and 7:00 a.m.
will carry a surcharge of 20%.
| |
|
3
|
Inspection fees beyond eight hours in a day will incur a premium
surcharge of the fee times 1.5. No additional surcharge will be charged.
| |
B.
The Borough may amend the above fees and charges by resolution of
Council.
