[HISTORY: Adopted by the Borough Council of the Borough of
South Waverly as indicated in article histories. Amendments noted
where applicable.]
GENERAL REFERENCES
Uniform construction codes — See Ch. 215.
[Adopted 8-11-2010 by Ord. No. 8-11-10 (Ch. 122, Art. I, of the 1992
Code)]
A.
No person, firm or corporation shall cut or dig open the paved roadway
of any Borough public street or Borough property within the Borough
of South Waverly without first obtaining a permit therefor from the
Borough Engineer or designated representative.
B.
Street cut permits will be valid for up to six months from the date
of issue. All permitted work shall be completed within those six months.
C.
A time extension permit supplement will be issued to extend the completion
time an additional six months. The cost for each extension permit
will be set by resolution.
(1)
For private permittees, when a permit reaches the six-month expiration
date and the work has not been completed and accepted by the Borough
Engineer or designated representative, the bonding company will be
notified and no further permits will be issued until this matter has
been corrected.
(2)
In the case of a public utility company, an extension will be issued
automatically and the required fee will be added to the monthly invoice.
D.
All permit fees are levied in accordance with the fees specified
by Borough ordinance and set forth by resolution. (The street cut
fee schedule is attached.)[1]
[1]
Editor's Note: A copy of the Street Cut Permit Fee Schedule
is included as an attachment to this chapter.
E.
A permit is invalid until it is paid in full by check or money order,
payable to "Borough Treasurer" at the receipt of the completed permit
or within 30 days of the monthly invoice date, if applicable.
A.
Application for a street cut permit, copy attached,[1] shall be made in writing on the forms prescribed by the
Borough Engineer or designee. The application shall indicate:
(1)
The property street address, location and description of the area
for which such cut or opening is to be made;
(2)
The name and address of the applicant;
(3)
The dimensions;
(4)
The purpose of the proposed cut or opening;
(5)
The approximate time required to complete the work; and
(6)
A copy of an approved work zone traffic control plan in accordance
with PennDot Publication 203 and amendments.
[1]
Editor's Note: A copy of the street cut permit application
form is included as an attachment to this chapter.
B.
Application for a supplemental street cut permit time extension,
copy attached,[2] shall be made in writing on the forms prescribed by the
Borough Engineer or designee. The application shall indicate the original
permit number, expiration date and a written explanation as to the
reason for the supplement.
[2]
Editor's Note: A copy of the supplemental street cut permit
time extension application form is included as an attachment to this
chapter.
C.
To avoid work delays, submit applications to the Borough Engineer
or designated representative at least three working days in advance
of the anticipated date work is to commence.
A.
All persons, firms or corporations performing the actual work of
opening the street and making excavations, backfill and repairs, as
hereinabove provided, shall be required to furnish to the Borough
of South Waverly, in the amount of $10,000, a ten-year maintenance
bond. Said bond shall be a surety bond issued by a bonding company
acceptable to and subject to the approval of the South Waverly Borough
Council, the condition of said bond being that work performed under
street opening permits shall be consistent with requirements of this
article, or up to the amount listed therein shall be forfeited to
the Borough of South Waverly. The amount forfeited shall be the cost
of correcting any deficiency in workmanship of the permit holder.
B.
In addition, the excavators shall furnish a certificate of insurance
in the amount of $1,000,000 to cover all property and casualty damages
caused by the opening or excavation and shall name South Waverly Borough
as an additional insured.
A.
Borough ordinances do not permit closure of Borough streets as a
matter of course with issuance of a street cut permit. Specific approval
to close a street or to materially alter traffic patterns must be
obtained from the Borough Engineer or designee. In their absence or
in an emergency, the Police Department or police force designee may
grant approval. In every case, the permittee's request to close a
street or alter traffic must include, the precise location, reason,
work methods, time and date, and what alternatives were considered.
B.
The Borough reserves the right to require work hours of 9:00 a.m. to 3:00 p.m. and 6:00 p.m. to 6:00 a.m. Permittees will be required to place steel plates, pinned in place, to maintain traffic flow during nonworking hours in such areas. (Also see § 442-10, Weather limitations.) Such authority shall include, but not be limited to, the power to require that work be done on a continuous, around-the-clock, twenty-four-hour basis for major thoroughfares.
A.
All permittees are responsible to notify businesses and residences
that will be affected by street cut work on both sides of the street
in the block area that blocks or restricts traffic flow or prevents
the usual parking in the area affected by the work. This notification
shall be given by door-to-door notices in the work site area at least
48 hours prior to commencing work. A list of the property owners notified
shall be provided to the Borough. (See sample notice attached.)[1]
[1]
Editor's Note: A copy of the sample notice is included as
an attachment to this chapter.
B.
All permittees shall furnish material and traffic control devices
necessary for the maintenance and protection of traffic and pedestrians,
conforming to PennDot work zone traffic control, 67 Pa. Code Chapter
203, and amendments, until the roadway is restored to the condition
as required. If at any time a detour may be required, the permittee
shall first contact the Borough Engineer or designated representative.
A.
All existing pavements shall be saw-cut or cut to preserve a square
edge. Cuts shall be to the full depth of the concrete or base thickness,
and care shall be taken in removing the concrete to insure that the
slab breaks on the next line produced by the concrete saw. Asphalt
concrete pavement and all excavated material shall be removed from
the site. There shall be no storage of any material on the street
surface.
B.
All excavation, trenching and shoring, and the like, shall be performed in a manner that meets with Occupational Safety and Health Administration (OSHA), Department of Labor, Safety and Health Regulations for Construction. It is the responsibility of the permittee, therefore, to understand and abide by all OSHA regulations concerning trenching and shoring as outlined in the OSHA Technical Manual, Section V, Chapter 2, and amendments.
C.
All permittees are responsible for notifying the Borough Engineer
or designated representative in advance of all excavations within
the Borough right-of-way.
D.
All permittees are responsible for notifying the Borough Engineer
or designated representative prior to any concrete and/or final restorations
in order to schedule the inspection visit to each location/site.
A.
The Borough's Engineer or designee may adjust the requirements for
restoration and maintenance based on the Borough's street maintenance
schedule or the condition of the Borough street or the Borough's sewer
line replacement schedule for said street. At the discretion of the
Borough Engineer or designee, he may require an independent compaction
test that must be complied with by the permittee.
C.
The permittee is to maintain such portion of the highway for a period
of 10 years from the date of such final restoration, subject at all
times to the approval of the Borough Engineer or designee. In the
event that the permittee fails to maintain such restoration after
having received written notice from the Borough Engineer or designee,
the Borough Engineer or designee will instruct the permittee's bonding
agent to cause the proper restoration to be performed and maintained
for the period required herein.
D.
When a longitudinal opening longer than 10 feet and/or wider than
three feet is made in the highway pavement, the permittee shall overlay
the entire traffic lane plus one foot of overcut on the perimeter
in which the opening was made.
E.
When two or more transverse trench openings are made in the highway
pavements less than 100 feet apart, the permittee shall overlay the
traffic lane in which the openings were made for the entire length
of the highway between such openings.
F.
When four or more openings less than 100 feet apart are made in the
highway pavement by the same permittee, the Borough Engineer or representative
shall require the permittee to overlay the entire disturbed area.
G.
When the permitted opening is to be less than five feet from the
edge of an existing patch or patches in the pavement, the restoration
shall be extended to include said patch.
H.
All permittees test boring, or drilling a three-inch or larger hole into any Borough highway for location of leaks or venting of leaks, will be required to backfill holes with flowable fill only, no filler material. All permittees shall install asphalt surface in accordance with § 442-9. If the hole is three inches or less, the permittee will fill the hole with No. 8 stone and AC 20 asphalt sealer.
I.
Pavement markings. It is the permittee's responsibility to replace
all in conformance with pavement markings that are removed or damaged.
All material shall meet with the approval of the Borough Engineer
or designee.
A.
Compaction shall be 100% maximum density with flowable fill and 95%
maximum density with granular materials. Soil that has exceeded liquid
limits may not be used as backfill.
B.
When the opening is ready for backfill, the subject permittee shall
contact the Borough of South Waverly at the office of the Borough
Secretary. The Borough will dispatch a Borough Engineer or designee
to inspect the backfilling process as expeditiously as possible.
C.
If the permittee starts backfilling the excavation before the Borough
inspector arrives, the permittee will be required to reexcavate the
backfill if a question arises as to the liquid limit or compaction
percentage of the backfill material.
D.
The permittee shall not commence with backfilling any part of the
excavation until the Borough Engineer or a designee from the Borough
has inspected such part.
E.
On streets that have been paved in the last seven years and on heavily
traveled streets, as determined by the Borough Engineer or his designee,
the permittee shall backfill with flowable fill or adequate virgin
materials, 2RC aggregate material, or No. 57 clean coarse aggregate.
F.
Compaction is to be performed using vibrating compaction equipment
or mechanical tampers; hand-tamp around utilities, if necessary.
G.
When an opening is made in the center of the highway, the permittee
shall match the existing grade of the pavement and pave from curb
to curb.
H.
The Borough's Engineer or designee may adjust the requirements for
compaction and backfill based on the condition of the subsurface of
the street.
I.
All backfill material shall be adequate virgin material, or 2RC aggregate
material, and/or either No. 57 clean coarse aggregate not to exceed
RC No. 3 or select granular material, as specified by PennDot Publication
408, Section 703.2 and 703.3, and placed in six-inch lifts to one
foot (12 inches) below the subgrade elevation for streets or poured
surfaces.
J.
On streets that have not been paved in the last seven years and on
heavily traveled streets, as determined by the Borough Engineer or
his designee, the permittee shall use PennDot-approved Type A flowable
backfill.
K.
The bituminous concrete base course shall be installed after backfilling
with granular material is completed and in the presence of the Borough
inspector or after sufficient curing time has been achieved for flowable
fill.
Final street cut restoration must consist of a minimum of four
inches of bituminous concrete base course (BCBC). Place a minimum
of two inches of ID-2 wearing course to match the existing street
surface. Seal all edges with AC 20 asphalt sealer two inches on each
side from the edge of the cut to form a four-inch continuous seal
around the cut.
A.
The permittee shall not place asphalt or apply bituminous coatings when the base surface temperature is less than 40° F. or when the surface is wet or frozen. When an opening is made during the time of year when all local asphalt pugmills are closed, bituminous cold patch may be used. The cold patch shall be installed to a compacted thickness of two inches. When the local pugmills reopen for the season, all openings repaired with cold patch shall be removed and shall be replaced with the hot-mix application, as outlined in this article in § 442-9 above, within 60 days of the pugmill reopening date.
B.
Utilize a temporary surface of cold patch two inches in depth, if
final restoration cannot occur due to weather limitations.
C.
The permittee will be allowed to place steel plates on Borough streets
between October 31 and April 1.
A.
No permittee may allow dirt or debris to enter the Borough sewer
system. All stormwater inlets within the drainage area of the excavation
must be protected by a filter system that will prohibit water from
carrying silt or other debris into the sewer. Acceptable means of
protection are the use of a filter material insertion into each inlet.
B.
Any permittee who does not provide protection as described herein
will be required to clean and flush each inlet that the Borough Engineer's
representative determines has been contaminated.
It is the permittee's responsibility to properly restore any
and all adjacent surfaces disturbed by the action of work in the right-of-way
to equal or better condition than existed prior to start of work.
Sidewalks, driveways, curbs, lawn or grass areas will be restored
in accordance with Borough ordinance. All work is to be done at the
permittee's cost and expense to the satisfaction of the Borough Engineer
or designee and the property owner.
Any utility openings in sidewalks for utility service connections
that require excavation shall be backfilled with flowable fill, as
set forth in this article, subject to the review and approval of the
Borough Engineer or his designee.
When openings are made on streets, Borough parks or sidewalks
using bricks as a wearing surface, flowable fill a minimum of four
inches shall be installed under the brick surface.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any person who violates or permits a violation of this article
shall, upon being found liable therefor, pay a fine of not more than
$600, plus court costs and reasonable attorneys’ fees incurred
by the Borough in the enforcement proceedings. If the penalty is not
paid, the Borough shall initiate a civil action for collection in
accordance with the Pennsylvania Rules of Civil Procedure. Each day
a violation exists shall constitute a separate offense, and each section
of this article that is violated shall also constitute a separate
offense. In addition to or in lieu of enforcement under this section,
the Borough may enforce this article in equity in the Court of Common
Pleas of Bradford County.
No permit shall be issued to any person, persons, corporation
or other party in default under this article until the costs and expenses
herein provided for are paid.
In no case shall any opening or excavation made in the Borough
of South Waverly by any permittee be considered in the care of or
in the charge of the Borough. No officer or elected official or any
other person employed by the Borough is authorized in any way to take
or assume any jurisdiction or responsibility for the Borough over
such openings or excavations. The Borough inspection of all subject
excavations shall be performed only by the Borough Engineer or designee
of the Borough Council, as hereinbefore stated. The Borough inspection
does not remove from the permittee his complete responsibility for
the subject excavation or opening at all times.
