[Adopted 12-15-1992 by Ord. No. 253 (Ch. 21, Part 4, of the 1990 Code of Ordinances)]
The following words and phrases, when used in this article, shall have the meanings ascribed to them in this section, except in those instances where the context clearly indicates otherwise:
APPLICANT
Any person who makes application for a permit.
BOROUGH
The Borough of Adamstown, Lancaster and Berks Counties, Pennsylvania.
BOROUGH COUNCIL
The Borough Council of the Borough.
CALENDAR YEAR
January 1 through December 31, inclusive.
CONCRETE
Soil cement, plain cement concrete, or reinforced concrete.
COST
Actual expenditures incurred by the Borough for labor, equipment and materials, including, without limitation, all fringe benefits and overhead.
EMERGENCY
Any unforeseen circumstance which calls for immediate action to protect or safeguard life or property or for the restoration or continuance of public utility or other public service.
INSPECTION FEE
A fee paid by the permittee to the Borough to defray street opening inspection costs.
MUNICIPAL AUTHORITY
Any municipal authority created, in whole or in part, by Borough Council under the Municipality Authorities Act of 1945, as amended.[1]
PENNDOT
The Department of Transportation of the Commonwealth of Pennsylvania or any successor agency.
PERMIT FEE
A fee paid by the permittee to the Borough to cover the costs of issuing, processing and filing the street opening permit.
PERMITTEE
Any person who has been issued a permit and who shall have by acceptance thereof agreed to fulfill any provisions of this article.
PERSON
Any natural person, partnership, firm, association, corporation, public utility corporation, or similar entity.
PUBLIC UTILITY
Any utility company, excluding municipal authorities created by the Borough, licensed by the Public Utility Commission of the Commonwealth of Pennsylvania.
ROAD SUPERINTENDENT
The person designated as Road Superintendent by the Borough Council of the Borough.
SIDEWALK AREA
That portion of the street right-of-way reserved for sidewalks.
STREET
The entire right-of-way of the public street, public highway, public alley or public easement within the Borough limits, excluding the designated curb and sidewalk areas.
[1]
Editor's Note: The Municipality Authorities Act of 1945 (53 P.S. § 301 et seq.) was repealed by Act 22 of 2001 (June 19, 2001, P.L. 287, No. 22). See now the Municipality Authorities Act, 53 Pa.C.S.A. § 5601 et seq.
A. 
The opening of the surface of any Borough road is prohibited unless a permit is obtained for that purpose in the manner set forth in this article. Such a permit shall be granted by the Road Superintendent of the Borough when the person applying for such permit files an application with the Borough Secretary in compliance with the provisions of this section and pays into the Borough treasury the amounts hereinafter provided.
B. 
Any person working in the vicinity of a Borough road 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 correct such damage in accordance with the standards of the Borough. Road opening permits will not be required for persons excavating adjacent to the curb for the express purpose of installing or replacing curbs and/or sidewalks, provided a curb and sidewalk permit has been obtained from the Borough Secretary prior to performing such work.
C. 
Borough departments and municipal authorities shall not be required to obtain street permits when work is to be performed completely by their own personnel or by contractors performing work under contract for the Borough or any municipal authority.
D. 
Public utilities shall obtain street opening permits for street opening and for excavations to be performed by their own crew or forces or by contractors.
E. 
No tunneling shall be allowed without the express approval of the Road Superintendent and permission therefor endorsed upon the permit. The backfilling of a tunnel excavation shall be made only in the presence of the Road Superintendent or an inspector designated by him and shall be done only in a method approved by him.
F. 
In the event that street openings are necessitated by emergencies, street opening permits shall be obtained and fees paid within five days after completion of the work, and said permit shall be retroactive to the date when the work was begun.
G. 
No permit shall be granted to any applicant unless the applicant shall have paid into the Borough any and all monies then due 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. 
A permit shall be issued in the name of the owner of the facility, hereinafter called the "permittee," and shall be binding upon the permittee, its agents, contractors, successors, personal representatives, and assigns. The permittee shall cause its agents, contractors, successors and assigns to comply with all the terms and conditions of the permit. The permit shall be maintained as a permanent record and remain in effect, subject to the conditions thereof, as long as the permittee's facilities authorized therein occupy the public right-of-way.
B. 
The work authorized by a permit is subject to all applicable laws, rules and regulations, including, but not limited to, Pennsylvania Act No. 247, approved October 29, 1972, concerning environmental control measures related to pollution and preservation of public natural resources.[1] The work shall be done at such time and in such manner as shall be consistent with the safety of the public and shall conform to all requirements and standards of the Borough, including, but not limited to, the technical specifications as set forth in § 257-52 of this article. If at any time it shall be found by the Road Superintendent that the work is not being done or has not been properly performed, the permittee and/or its contractor, upon being notified in writing by the Road Superintendent, shall immediately see that the necessary steps, at its own expense, are taken toward placing the work in condition to conform to said requirements or standards.
[1]
Editor's Note: See the Pennsylvania Municipalities Planning Code, 53 P.S. § 10101 et seq.
A. 
When the Borough proposes to reconstruct or resurface any street, the Road Superintendent shall serve written notice by certified mail, return receipt requested, of such improvements to all persons owning property abutting the road about to be improved and to all public utility companies 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 mains, service under the street and designated curb and sidewalk areas. Notified persons shall also complete any new installations under the street and designated curb and sidewalk areas required for use within a three-year period thereafter. All repairs, replacements and new installations 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 three years thereafter.
B. 
Upon failure of any notified person to comply with the notice from the Road Superintendent to place the same in first class condition as hereinbefore provided, the Road Superintendent shall cause existing utility mains, service connections and/or laterals 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, either by invoicing the person or, in case of water or sewer house connections, by filing municipal liens therefor against the abutting property benefited by such connection.
C. 
This section shall not forbid the installation of new pipes, conduits or other services or structures, or the repair, replacement or removal of those already existing, in or under the portions of such streets improved as aforesaid, in accordance with the ordinances of the Borough and the direction of PennDOT or the Road Superintendent, upon obtaining a permit and payment 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 provisions:
A. 
A written application shall be filed with the Borough Secretary for making all street openings or excavations, and the same shall be signed by the person desiring such permit. Such application shall set forth the purpose for which such excavation is to be made; the size and location of the same; the full scope of work to be included in the project; a sketch of the proposed opening site; 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 a drawing of the proposed opening site upon request of the Road Superintendent. Items required on the drawing shall be specified at the time of the request.
B. 
All fees established by resolution of Borough Council shall be paid prior to the issuance of any permit.
C. 
Except in emergency situations, the Road Superintendent shall, at his discretion, be permitted to deny 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.
D. 
Except in emergency situations, applications for street openings shall be submitted to the Road Superintendent at least two days prior to the proposed date of excavation. The Road Superintendent shall review each application and grant or deny the applicant a permit upon completion of the review.
E. 
No street opening shall be performed, except in the case of emergencies, when seasonally prohibited or, in the judgment of the Road Superintendent, working conditions are unseasonable for such work.
F. 
The permittee shall agree to save the Borough, its 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 permittee whether the same is expressed or not.
G. 
Upon the request of the Borough, the applicant shall supply a certificate of insurance properly executed by the applicant's insurance agency to verify that the applicant is insured against claims for property damages which may arise from or out of the performance of the excavation work, whether such performance be by the applicant or anyone directly or indirectly 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 an amount not less than $500,000 for each person and $500,000 for each occurrence and for property damages in an amount of not less than $100,000. Such insurance shall also provide hold harmless coverage pursuant to Subsection F above. Failure of an applicant to file a certificate of insurance upon request of the Borough shall be sufficient reason to deny a permit.
The permit fee established by resolution of Borough Council shall be paid to the Borough prior to the issuance of any permit.
A. 
All street opening permits are subject to revocation at any time by the Road Superintendent after written notice, for:
(1) 
Violation of any condition of the permit.
(2) 
Violation of any provision of this article or any other applicable ordinance or law relating to the work.
(3) 
The existence of any condition or doing of any act consisting or creating a nuisance or endangering the lives or property of others.
B. 
Written notice of such violation shall be served upon the person to whom the permit was granted or his 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 such violation.
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 Road Superintendent, 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 in the amount established by resolution of Borough Council shall accompany the application.
The permittee shall be responsible for backfilling and paving the opening and restoring the street surface to its original condition. The Road Superintendent shall have the full authority to establish standards for paving and backfilling materials and associated procedures. Details specifying paving and backfilling procedures and materials shall be obtained from the Road Superintendent prior to any street opening work.
In case the work has not been completed before the expiration date of the permit, which date shall be fixed when the permit and/or time extension is granted, the Road Superintendent may take steps to backfill the trench and replace the street surface over the opening for which the permit has been issued. The Borough shall invoice the permittee for all costs incurred by the Borough in the performance of this work. Payment not made within 30 days shall be collected by the Borough as authorized by law, including, but not limited to, the filing of a municipal claim against the property abutting the street opening if such street opening was made for the benefit of such property.
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 and excavations. The Road Superintendent is authorized to make such other rules and regulations for the excavation of streets which he may deem necessary for the proper maintenance of the street surface due to excavations, which rules and regulations shall be included upon the permit granted or forwarded from the Borough in writing from time to time.
A street opening permit shall be obtained for any test hole work. No test holes shall be made in or upon a greater surface of the highway than as specified in such permit, and no excavation or test holes shall interfere with any of the water pipes, sewers, 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 permittee with grout composed of one part cement and two parts sand and by a sufficient quantity of water, filled to the surface of the highway, and the surrounding surface of the highway 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 Road Superintendent.
A. 
All gutters shall 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 excavations shall have sufficient lights and barricades to identify them from all directions during the day and after dark. If for safety purposes the Road Superintendent deems it necessary to install additional warning devices, i.e., 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 Road Superintendent. The Borough shall invoice the permittee for rental and installation until the permittee installs the required warning devices.
B. 
If the permittee fails to install such devices, the Borough shall invoice the permittee for rental and installation costs incurred from the date of installation until the date of removal.
In no case shall a permittee open or remove a greater area of the street surface than specified in the original application. The permittee shall not open any street area at a location not specified in the original street opening permit. If the permittee determines during construction that an additional area of street will have to be opened, he shall notify and secure permission from the Road Superintendent for the additional opening. Upon receipt of the permission, the permittee shall file a supplementary application for the work no later than the next day. Any supplementary applications shall require payment of all fees established by Borough Council.
The permittee shall guarantee and maintain his work for 24 months from the completion of the restoration and replacement work. Within this twenty-four-month period, upon notification from the Borough of correction work required, the permittee shall correct or cause to be corrected all restoration work required within five calendar days of receipt of notification. The Road Superintendent shall determine the extent of the restoration required and the method of construction. Any and all work not completed within this five-day period may be completed by the Borough at the discretion of the Road Superintendent. The Borough shall invoice the permittee for all costs incurred by the Borough in performance of this work. Payment not made within 30 days of the invoice date shall be collected by the Borough as authorized by law, including, but not limited to, the filing of a municipal claims against the property abutting the street opening if such street opening was made for the benefit of such property.
Any person violating the provisions of this article shall, upon conviction thereof, be subject to a fine of not less than $100 nor more than $600 for each and every offense and/or to imprisonment in the Lancaster County jail for a period of not exceeding 30 days. Each failure to obtain a permit or, having obtained a permit, to comply with any of the requirements of this article, and each day that a violation is continued shall constitute a separate offense. The Borough reserves the right to deny the issuance of future street opening permits to any person who violates the provisions of this article.
A. 
Excavation.
(1) 
All excavations within any street right-of-way shall have neat 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 neat 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 manner as the Borough shall approve. 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 or flow channels open at all times so that the flow of storm or other waters 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 in the area of work. It shall be the duty of the permittee at all times to maintain crossings, walks, sidewalks and other roadways open to traffic and in a satisfactory condition and to keep all fire hydrants, water valves, and letter boxes accessible for use.
(6) 
In important thoroughfares, highways or in narrow streets, excavated material shall be removed from the site of the work in order to provide suitable space for traffic. 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.
(7) 
Maintenance and protection of traffic on Borough streets and state highways shall be in strict accordance with PennDOT Publication 408 and Publication No. 23, "Work Zone Traffic Control," or as directed by PennDOT or Borough authorities.
B. 
Protection of utilities. The permittee shall be liable to cause all utilities to be located prior to opening of the street(s) and shall be liable for any damage done to any utility.
C. 
Backfill.
(1) 
All backfill material shall be free from cinders, ashes, refuse, vegetable or organic material, boulders, rocks, stone or other material which, in the opinion of the Borough representative, is unsuitable.
(2) 
Backfilling shall not be done in freezing weather except by permission of the Borough, and it shall not be made with frozen material. 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 408, Section 703.
(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. In lieu of tamping in eight-inch layers, where the extent of the excavation permits the permittee may place the backfill material in layers not exceed three feet and machine tamp the excavation by a "Hydro-Hammer," "Ho-Pack," or approved equal. Tamping shall proceed from the center of the excavation to the sides to prevent arching.
(5) 
All backfill within state highways shall conform to Pennsylvania Code, Title 67, Transportation, Chapter 459, Occupancy of Highways by Utilities.
D. 
Base courses.
(1) 
Borough roads. Regardless of the thickness of the existing base courses, no permanent paving shall be placed on any base less than eight inches in depth of course aggregate conforming to PennDOT Publication 408 for No. 2A coarse aggregate, or five inches in depth of bituminous concrete base course. Concrete base course shall be replaced in kind.
(2) 
Sidewalks and curbs. The base course under sidewalks and curbs shall consist of a minimum depth of four inches of AASHTO No. 57 coarse aggregate conforming to PennDOT Publication 408.
E. 
Surfacing.
(1) 
Borough roads. The existing surface shall be square vertical cut edges and shall be a minimum of six inches larger than the excavation opening on all sides. The existing surface, if bituminous, shall be tack-coated to provide adherence of the new material. Existing surface courses shall be replaced in kind, equal to the existing depth, except that no surface course shall be less than three inches in depth, consisting of a minimum of 1 1/2 inches of ID-2 wearing course, conforming to PennDOT Publication 408. The finished joints of all openings shall receive a bituminous seal coat of RC-800 cut-back asphalt, or approved equivalent, extending at least 12 inches over the paving junction. A dusting of sand shall be applied to the seal coat as required to prevent tracking of the asphalt by vehicles.
(2) 
Sidewalks and curbs. All concrete for sidewalks and curbs shall conform to PennDOT Publication 408, Section 704, for Class A cement concrete. Sidewalks shall be replaced from joint to joint and shall be a minimum of four inches in thickness. Curb or rolled curb and gutter shall be replaced according to PennDOT specifications as a minimum or equivalent to the existing, whichever is the greater.
F. 
Lawn areas. All areas within the right-of-way of Borough roads and state highways shall be restored according to the following specifications except if the disturbed area was previously sodded. If sodded, the area shall be replaced in kind.
(1) 
Topsoil shall be free from subsoil, brush, weeds, clay lumps, and stone (over 1/2 inch in diameter), and shall be placed to a minimum depth of four inches.
(2) 
Seed. All disturbed areas to be reseeded shall receive a treatment of seed in accordance with PennDOT Publication 408.
[1]
Editor's Note: See also Appendix AA, Street Paving and Surfacing, which is attached to this chapter.