[Ord. 2003-4, 9/18/2003, § 201]
1. The following words, when used in this Part
2, shall have the meanings ascribed to them in this section, except in those instances where the contest clearly indicates otherwise:
PERSON
Any natural person, partnership, firm, association, corporation
or municipal authority.
STREET
The entire right-of-way, of any public street, avenue, road,
square, alley, highway, or other public place located in the Borough
of Hummelstown and established for the use of vehicles, but shall
not include state highways.
2. In this Part, the singular shall include the plural and the masculine
shall include the feminine and the neuter.
[Ord. 2003-4, 9/18/2003, § 202]
It shall be unlawful for any person to open or to make any excavation
of any kind in any of the streets in the Borough of Hummelstown without
first securing a permit therefor, as hereinafter provided.
[Ord. 2003-4, 9/18/2003, § 201]
1. Any person who shall desire to make any opening or excavation in
any of the streets in the Borough of Hummelstown shall make application
to the Borough Manager in writing for the purpose. Such application
shall be made upon forms to be furnished by the Borough and shall
set forth the name of the applicant, the exact location of the proposed
opening or excavation, and the approximate size or depth thereof,
and shall contain an agreement on the part of the applicant that the
work shall be done in full compliance with the ordinances of the Borough
and the laws of the Commonwealth in relation thereto, and that the
applicant shall well and truly save, defend and keep harmless the
Borough from and indemnify it against any and all actions, claims,
judgments, demands, payments, costs and charges for or by reason of
the proposed opening or excavation, and all damages to persons or
property resulting in any manner therefrom, directly or indirectly,
or occurring in the prosecution of the work connected therewith, or
otherwise performed under the provisions of this Part, or from any
other matter, cause or thing relating thereto.
2. Applicants shall file a certificate of insurance, prepared on a form
furnished by the Borough, properly executed by the applicant's
designated officer, agent or representative verifying that the applicant
is insured against claims for personal injury as well as against claims
for property damage which may arise from or out of the performance
of the excavation work, whether such performance is by the applicant
or anyone directly employed by him. Such insurance shall include protection
against liability arising from completed operations, underground utility
damage and collapse of any property. Liability insurance for bodily
injury shall be in an amount not less than $300,000 for each person
and $300,000 for each accident and for property damage in an amount
not less than $100,000. Failure of any applicant to file the required
certificate of insurance coverage shall be sufficient reason to deny
issuance of a permit.
[Ord. 2003-4, 9/18/2003, § 204]
Before any permit shall be issued to make an opening or make
an excavation in any street in the Borough, the applicant shall pay
to the Borough a permit fee to be set by Borough Council, by resolution,
from time to time.
[Ord. 2003-4, 9/18/2003, § 205]
Permits shall be issued only to persons furnishing public utility
services or the owner or owners of the real property adjoining the
location where such opening or excavation is to be made or their designated
contractor.
[Ord. 2003-4, 9/18/2003, § 206]
Any permit issued hereunder shall specify the exact location
where the opening or excavation is to be made, the approximate permitted
size or depth thereof and the time within which the work for which
the permit is granted to be completed. The Borough may attach special
conditions to the permit as may be reasonably necessary to protect
the public welfare and public and/or private property.
[Ord. 2003-4, 9/18/2003, § 207]
Any person who shall open or excavate any street in the Borough
shall thoroughly and completely refill the opening or excavation in
such a manner as to prevent any settling thereafter, and shall restore
the surface to the same condition as it was before the opening or
excavation, and such restoration shall be in accordance with the specifications
of the Department of Transportation of the Commonwealth of Pennsylvania
which are hereby adopted as specifications of the Borough for restoration
of surfaces of streets in the Borough; as restored, the surface shall
conform to the proper grade and be of the same surface covering as
the part of the thoroughfare immediately adjoining the opening. If
within two years after the restoration of the surface as herein provided,
defects shall appear therein resulting from defective backfilling
by the applicant, the applicant shall restore the defective area after
first providing a restoration plan to the Borough for approval. If
the applicant does not restore the road properly in a timely fashion
as prescribed by the Borough, then the applicant shall reimburse the
Borough for the cost of all necessary repairs to the permanent paving.
[Ord. 2003-4, 9/18/2003, § 208]
All other work in connection with openings in any street, including
excavation, protection, refilling and temporary paving, shall be done
by or for the person to whom or which the permit has been issued at
his or its expense, and all such work shall be subject to the provisions
of this Part and to the supervision and approval of the Borough Manager,
provided that the Borough Manager may, if he deems it necessary to
the proper performance of the work, require that cutting of the surface
of streets and the back filling of all excavations therein shall be
done by the Borough, in which event the applicant shall pay the Borough
the actual cost of the work performed by the Borough.
[Ord. 2003-4, 9/18/2003, § 209]
1. General.
A. The permittee shall avoid disturbing roadways or shoulders by limiting
work areas to outside of roadways and shoulders wherever possible.
B. No street opening shall extend more than 500 feet longitudinally
or one block, whichever is smaller, or across more than 1/2 of the
cartway at one time unless paved with bituminous concrete base course.
C. Two-way traffic shall be maintained.
D. Access to driveways and/or buildings abutting the street shall be
maintained.
E. Traffic control shall be maintained in accordance with Pennsylvania
Department of Transportation Publication 203 and the permittee shall
furnish and maintain such signs, barricades, lights and flagmen as
may be necessary to properly protect the public. During the making
of any excavation in the street, every necessary and reasonable precaution
shall be taken by the applicant and the parties making the same to
keep the street in a safe and passable condition both day and night
by guards, barriers, lanterns and other devices, and all excavating
permits granted hereunder are granted under and subject to the express
condition that the person to whom the same is issued shall indemnify,
save and keep harmless the Borough from any loss in damages, or otherwise
whatsoever, which may or shall be occasioned at any time by the said
excavation, or by any leak, explosion or other injury from any pipe,
apparatus, conduit, or any other matter placed in or related to the
said excavation.
F. All trenches shall be filled or steel plate covered overnight or
covered with a steel plate. The steel plate shall be adequate for
HS-25 loading and shall safely convey all vehicular and pedestrian
traffic.
G. Provisions shall be made to accommodate the flow of storm drainage,
and no excavated material or trench shall be permitted to interfere
with the normal flow of surface water.
H. The work of excavation shall be so conducted as not to interfere
with the water mains, sewers or their connections with the houses,
or any other subsurface lines or constructions, until permission of
the proper authorities in connection with such subsurface lines or
constructions shall have been obtained. The permittee shall locate
in advance of excavation all surface and subsurface utility lines
and structures, and shall take all precautions necessary to avoid
damage to other utility lines and to public or private property. In
the event damage does occur to property of others, the permittee shall
promptly and satisfactorily repair all damage and restore the property
to a satisfactory condition.
I. Disturbed portions of the roadway, including, but not limited to,
slopes and appurtenances and structures such a guide rails, curbs,
signs, markings, drain pipes, driveways and vegetation, shall be restored
by the permittee to a condition at least equal to that which existed
before the start of work authorized by the permit, consistent with
other Borough ordinances, or consistent with the PennDOT "Standards
for Roadway Construction," whichever is the higher standard. Additional
restoration may also be required, upon written notification, to restore
the structural integrity of the pavement or shoulder.
J. If blasting is performed, such operations shall be in charge by licensed
persons only, and shall be carried out in strict conformance with
federal, state, county or municipal laws or regulations governing
the same.
K. The permittee shall be responsible to notify the Borough Fire and
Police Departments and other public utility companies of the proposed
work, stating the nature and location of the work to be done, and
shall keep all said parties informed of the progress of the work.
When access to abutting properties is to be denied, the permittee
shall notify the affected parties in advance.
L. The permittee and contractor shall be responsible to notify PA-One
Call in accordance with PA Act 287 of 1974 and as amended.
2. Pavement Cuts, Excavation and Backfill.
A. If the permittee wishes to open pavement having a bituminous concrete
surface and the Borough's wearing course is less than five years
old, the permittee shall, in addition to the restoration conditions
outlined in the permit and in this Part, bore under the street if
required by the Borough or overlay the pavement in accordance with
the following conditions:
(1)
When a longitudinal opening longer than 100 linear feet has
been made in the pavement, the permittee shall mill and overlay the
traffic and parking lanes in which the opening was made, for the entire
length of roadway that was opened, in a manner authorized by the Borough.
(2)
When two or more transverse openings have been made within 100
linear feet of pavement, the permittee shall mill and overlay traffic
and parking lanes in which the openings were made, for the entire
length of roadway between the openings, in a manner authorized by
the Borough.
(3)
If disturbed lanes adjacent to the undisturbed lanes are overlayed,
the edge of the disturbed lane shall be milled to a depth of 1 1/2
inches or the depth of the existing surface course, whichever is less,
for the length of the opening to insure a smooth joint, with proper
elevation and cross section. A full width overlay may be authorized
on various roadways instead of saw cutting or milling the disturbed
land.
(4)
If disturbed lanes adjacent to shoulders are overlayed, the
shoulder shall be raised, with material and in a manner authorized
by the Borough for the type of existing shoulder, so that the overlaid
pavement and shoulder edges are at the same elevation.
B. Regardless of the age of the wearing course, the Borough may require
the following restoration:
(1)
If more than 100 linear feet of longitudinal or transverse openings,
or both, are made in the pavement, the Borough may require the permittee
to overlay traffic and parking lanes in which the openings were made,
for the entire length of highway that was opened, if the Borough determines
that the rideability or structural integrity of the pavement has been
impaired by the openings.
(2)
If four or more openings are made by the same permittee within
100 linear feet of pavement or within one block, the Borough may require
the permittee to restore the entire disturbed pavement between the
openings by milling, planning or other authorized method and overlaying
the entire disturbed pavement.
(3)
If future settlement of the trench is possible, the Borough may require a temporary restoration of the pavement for up to a six-month period in accordance with Subsection
2J.
C. If an opening is made in a bituminous concrete pavement within three
feet from the edge of pavement or other longitudinal joint or opening,
the surface restoration shall be extended to the edge of pavement
or other longitudinal joint or opening.
D. At each end of an overlay, the permittee shall install a paving notch,
under Standards for Roadway Construction RC-28, by milling, planing
or other authorized method and provide a minimum ten-foot transition.
E. The transition areas at each end of an overlay shall follow the contour
of the surrounding surface.
F. When pavement markings are covered or destroyed by the permitted
work, including overlays, they shall be replaced with temporary pavement
markings, before opening the disturbed pavement to traffic. When the
pavement surface is restored, all pavement markings that were covered
or destroyed shall be replaced in their former location.
G. Restored openings in the pavement or opened shoulder shall be sealed
under § 401.3(j)(3) of Publication 408 in the case of bituminous
concrete.
H. All trenching and backfill shall be in accordance with a construction
detail approved by the Borough. All backfill shall be 2A coarse aggregate
and compacted in accordance with Publication 408.
I. Subbase, base and surface restoration of flexible base pavements
shall be performed under this section and as specified in the permit.
(1)
Prior to replacement of the base course, one foot outside of
each edge of the opening shall be sawed, in a neat straight line,
to the top elevation of the existing aggregate subbase or stone base
course, and the detached material shall be removed.
(2)
The subbase shall consist of No. 2A aggregate meeting the requirements
of § 350 of Publication 408. The subbase shall have a minimum
depth of six inches or a depth equal to the existing subbase, whichever
is greater.
(3)
Exposed vertical and horizontal surfaces shall be prepared under
§ 401.3(f) of Publication 408.
(4)
The base course shall consist of bituminous concrete meeting
the requirements of § 305 of Publication 408 or other base
course material authorized by the Borough. The base course material
shall have a minimum depth of 4 1/2 inches or a depth equal to
the existing base course, whichever is greater.
(5)
The wearing course shall consist of ID-2 material meeting the
requirements of § 420 of Publication 408. The wearing course
shall have a minimum depth of 1 1/2 inches ID-2, or a depth equal
to the existing wearing course, whichever is greater.
J. Temporary restoration of a pavement will be required by the Borough
prior to pavement restoration in accordance with the following:
(1)
The base shall consist of compacted select granular material
with a surface of two-inch bituminous material. If the existing pavement
structure includes a course of subbase material, it shall be replaced
to a depth equal to the existing course depth with material meeting
the requirements of § 350.2 of Publication 408.
(2)
Temporary pavement restoration shall be completed before traffic
is allowed to travel on the disturbed area.
(3)
The temporary pavement shall be removed and permanent restoration
performed after 90 days and before six months. The temporary pavement
may be kept in place for longer than six months for weather conditions
or as specified in the permit, if it is properly maintained.
3. Special Restoration Requirements.
A. Whenever unusual conditions exist, or arise during construction,
the Borough may change the permanent restoration requirements from
those given therein. In all cases, marks of construction beyond the
area of actual trench shall be satisfactorily restored. In cases where
a substantial portion of the original street paving is removed or
damaged, the Borough may require the permittee to resurface the entire
street are, in addition to constructing the final paving repairs over
trench areas.
B. The Borough may also elect to accept payment from the permittee to
the Borough for final paving repairs, in a sum to be determined by
the Borough based upon then current costs for such work plus 15%,
and to apply the sum so paid toward the cost of reconstruction of
the entire street.
4. Inspection During Construction.
A. Prior to the initiation of construction, the permittee shall notify
the Borough so that an inspection schedule can be coordinated with
the construction schedule. Additionally, the Borough shall be notified
four working days in advance of any intended date of construction.
The undertaking of periodic inspection shall not be constructed as
an acceptance of the work during construction or as a final inspection
of the construction.
B. The applicant shall reimburse the Borough for the reasonable and
necessary expense incurred for the inspection of improvements by the
Borough or Borough Engineer. Such reimbursement shall be based upon
time and material costs for the referenced inspections. Such expense
shall be reasonable and in accordance with the ordinary and customary
fees charged by the Borough Engineer for work performed for similar
services in the community, but in no event shall the fees exceed the
rate or cost charged by the Borough Engineer to the Borough when fees
are not reimbursed or otherwise imposed on applicants.
C. The Borough, at the expense of the permittee, reserves the right
to require tests of the improvement to determine whether the improvement
complies in all respects with the requirements of the Borough.
D. The Borough will invoice the permittee for costs incurred by the
Borough for the inspection of improvements. Improvements shall not
be finally approved until the invoice is paid.
E. In the event that any work performed by or for a permit holder shall,
in the opinion of the Borough Manager, be unsatisfactory and the same
shall not be corrected in accordance with his instructions within
the time fixed by him, or in the event that the work for which the
permit was granted is not completed within the time fixed by the Borough
Manager, the Borough may proceed to correct such unsatisfactory work
or complete any such work not completed, and charge the cost thereof,
plus 20% to the applicant.
5. Future Maintenance. The permittee shall be responsible to correct
any trench settlement or deterioration in the final paving work. Such
responsibility is without limitation during the first two years after
the date of the final completion certificate. Thereafter, settlement
of the trench area shall remain the general responsibility of the
permittee to repair, unless the Borough gives a specific release.
[Ord. 2003-4, 9/18/2003, § 210]
In the case of any leak, explosion or other accident in any
subsurface pipe, line, construction or apparatus, it shall be lawful
for the person owning or responsible for such pipe, line, construction
or apparatus, to commence an excavation to remedy such condition before
securing a permit, provided that application for a permit shall be
made immediately and not later than the next business day thereafter,
and that all other provisions of this Part are fully complied with.
If any such emergency condition shall not be immediately attended
to by the owner or person responsible for such pipe, line, construction,
or apparatus, the Borough Manager, after such notice as he shall deem
necessary under the circumstances of the particular case, shall proceed
to do the work necessary and required by such emergency, and charge
the same on the basis of cost plus 20% to such owner or person.
[Ord. 2003-4, 9/18/2003, § 211]
The Borough Manager shall give timely notice to all persons
owning property abutting on any street within the Borough about to
be paved or improved, and to all public utility companies operating
in the Borough, and all such persons and utility companies shall make
all water, gas or sewer connections, as well as any repairs thereto
which would necessitate excavation of the said street within 30 days
from the giving of such notice, unless such time is extended in writing
for cause shown by the Borough Manager. New paving shall not be opened
or excavated for a period of five years after the completion thereof,
except in case of emergency, the existence of which emergency and
the necessity for the opening or excavating of such paving to be determined
by the Borough Manager. If it is sought to excavate upon or open a
street within five years after the completion of the paving applicant
shall make written application to the Borough Council, and a permit
for such opening shall be issued only after express approval of the
Borough Council.
[Ord. 2003-4, 9/18/2003, § 212]
No new water, sewer, steam or gas main or electric, telephone
or other utility line shall hereafter be laid or constructed, and
no such existing main or line shall be extended, in any of the streets
of the Borough until the plan therefor shall have been first filed
with the Borough Manager and such plan, and the exact location of
such main or line, approved by him. The Borough Manager shall not
approve the locating of any such main or line at a depth of less than
30 inches from the surface of the street unless he shall be convinced
that locating the same at a depth of more than 30 inches from the
surface is impossible or impractical.
[Ord. 2003-4, 9/18/2003, § 213]
No company, corporation or association shall excavate any street
without first giving to the Borough a financial guarantee with an
acceptable bonding company or lending institution as surety in the
minimum sum of $5,000, conditioned for the faithful performance of
these provisions and also for any and all damages, claims, demands,
suits, costs and counsel fees occasioned or arising from the digging
up, opening or closing of said streets and alleys. If 110% of the
initial cost of backfilling and repairing the street or the potential
cost of repairing unsatisfactory work conducted under the permit exceeds
$5,000, then the applicant shall provide an estimate of these costs
for review by the Borough. The Borough will then increase the cost
of the financial guarantee to the referenced estimated cost of the
work plus 10%. The financial guarantee will be returned upon reinspection
of the work by the Borough two years from the time of final inspection
when all work was satisfactorily completed.
[Ord. 2003-4, 9/18/2003, § 214]
Payment for all work done by the Borough under the provisions
hereof shall be made by the person made liable therefor under the
provisions hereof within 30 days after a bill therefor is sent to
such person by the Borough. Upon failure to pay such charges within
such time, the same shall be collectible by the Borough by an action
is assumpsit or in the manner provided by law for the collection of
municipal claims.
[Ord. 2003-4, 9/18/2003, § 215]
Any person, firm or corporation who shall violate any provision
of this Part shall, upon conviction thereof, be sentenced to pay a
fine or not more than $300; and/or to imprisonment for a term not
to exceed 90 days. Every day that a violation of this Part continues
shall constitute a separate offense.
[Ord. 2003-4, 9/18/2003, § 216]
The provisions of this Part shall not apply to laying sidewalks
or curbs or to the planting of poles.