[Ord. 1979-1, 2/5/1979, § 1]
It shall hereafter be unlawful for any person, firm, corporation
or other entity to excavate, tear up or disturb the surface of any
street, lane, alley or other thoroughfare of the Borough for any purpose
whatsoever - including any and all test holes - without first procuring
a permit from the Borough of Watsontown; application for which permit
shall be in writing, signed by a duly authorized person of said entity
for whose use and benefit the excavation or test hole is to be made.
[Ord. 1979-1, 2/5/1979, § 2]
The permit required by §
21-101 of this Part
1 shall be issued by the Borough of Watsontown only upon the condition that the applicant for such permit shall state in his application that he understands that the same is issued pursuant to the terms and conditions of this Part
1 and that in consideration of the issuance of the permit he or they agree to pay the cost of the permit and any costs and expenses incident thereto under the terms of the Part
1 and to observe all the terms and conditions thereof. Payment of the costs and expenses herein referred to shall be made by such person, firm, corporation or entity to whom such permit is issued within 10 days after written notice of the same has been given by the Borough of Watsontown.
[Ord. 1979-1, 2/5/1979, § 3]
Upon applying for a permit for the making of test holes or for
any proposed excavation for the purpose of laying, relaying, taking
up or repairing any gas, water, sewer, steam, TV, electric, phone
or other utility line, cable or conduit in any street, alley, lane
or thoroughfare of the Borough, the person, firm, corporation or other
entity shall submit to the Borough of Watsontown a plan and specifications
showing the location of the proposed test holes or excavation and
the kind and size of the lines, pipes, cables or other conduits to
be laid, relaid or repaired.
[Ord. 1979-1, 2/5/1979, § 4]
1. When excavating any street, lane, alley or thoroughfare of the Borough
of Watsontown for the purpose of laying, relaying, taking up or repairing
any utility lines, cables or other conduits, not more than 400 feet
lineal measure shall be open at any one time per permit.
2. Excluding intersections, no portion of any street, lane, alley or
other thoroughfare of the Borough of Watsontown shall remain impassable
for vehicles by reason of any excavation for laying, relaying or taking
up lines, cables or other utility conduits for more than seven days
from the beginning of any work on the same.
3. Excluding intersections, no portion of any street, lane, alley or
other thoroughfare of the Borough shall remain impassable for vehicles
by reason of any excavation for the purpose of making repairs to any
said utility lines, cables, or conduits or for laying new house connections
for more than two days from the beginning of any work on same.
4. No intersection of any streets, lanes, alleys, or other thoroughfares
of the Borough shall be or remain impassable for vehicles for more
than eight hours by reason of any above mentioned excavations.
[Ord. 1979-1, 2/5/1979, § 5; as amended by Ord.
2013-01, 6/26/2013]
1. Every person, firm, corporation or other entity, whether owner or
contractor, excavating or distributing the surface of any street,
lane, alley or thoroughfare of the Borough for any purpose whatsoever,
is responsible for placing good and sufficient guards by day about
such excavation or work site, including flagman where the flow of
traffic would be restricted while work is being performed and a warning
light or signal visible from 300 feet at night, from sunset until
sunrise, at each end of such excavation and at every intersection
of such excavation with any street, lane, alley, sidewalk or other
thoroughfare and at sufficient close intervals elsewhere to give effectual
notice of such excavation. The issuance of a permit under the terms
of this Part shall not operate to release the holder thereof from
any liability for damage on account of any negligence upon the part
of the holder of the permit or any employee thereof, in or about any
excavation authorized by such permit.
2. The permit holder must notify the Borough on the day work shall begin
under the permit. The Borough must be notified prior to the work being
started. The permit holder must also notify the Borough prior to closing
the street opening. The permit holder will provide this notice during
the Borough's business hours and at least two hours prior to
closing of a street opening. The Borough shall be immediately notified
if any utility is hit during the opening. Except in emergency situations,
an opening shall not be closed when a utility has been hit until the
utility owner has had the opportunity to inspect the area hit by the
permit holder.
[Ord. 1979-1, 2/5/1979, § 6; as amended by Ord.
1990-6, 12/3/1990; and by Ord. 2013-01, 6/26/2013]
1. All streets, lane, alleys or other thoroughfares or the Borough,
excavated or disturbed for the purpose of laying, relaying, taking
up or repairing any gas, water, sewer, TV, electric, phone or other
utility lines, cables or conduits or for the making of any test holes,
shall be immediately repaired and restored and kept in repair for
one year from the time work is finished on such excavation or other
work according to the following terms:
A. In making any excavations authorized by any permit issued under this
Part, the material removed shall be kept separate so that in refilling
the excavation or opening, the same type of materials shall be returned
in the order in which they were removed. The materials intended to
be covered by this section include: new paving materials; new concrete
foundation; cinders; sand; other materials.
B. In refilling excavations on paved streets or other paved thoroughfares,
before the pavement is replaced, six inches of pavement and foundation
shall be broken down on all sides of the trench or opening made in
such pavement after the excavation has been properly refilled. In
replacing the foundation for the pavement to be relaid, stone dust
or No. 8 stone will be used to cover the line or cable in the trench
to a depth of eight inches above the line or cable. The opening will
then be filled to within six inches of the finished grade with 2A
Mod crushed stone. The remaining six inches shall be four inches of
BC BC and two inches of ID-2 Wearing Course. The top coat will be
a hot application (during period of ambient temperatures above 50)
of ID-2 material with a minimum of two inches depth or a cold patch
(during periods of ambient temperatures below 50) of the same. This
must be level with the street surface. In refilling, the soil and
each eight inches layer or stone shall be tamped with regular tamping
bars, and filled to grade by the holder of the permit. Compaction
levels of 95% or higher must be reached in all filled material. All
such refilling shall be done under the supervision and inspection
of the Borough of Watsontown or its designated representative.
C. Disturbed portions of the highway, including, but not limited to,
slopes and appurtenances and structures such as guide rails, curbs,
signs, markings, drainpipes, 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, if the restoration
is consistent with the "Roadway Construction Standards." Additional
restoration conditions may also be required, upon written notification
to restore the structural integrity of the pavement or shoulder.
D. If the permittee opens pavement having a bituminous concrete surface
and the wearing course is less than five years old, the permittee
shall, in addition to the restoration condition outlined in the permit
and in this section, 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 overlay the traffic
lanes in which the opening was made for the entire length of highway
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 overlay traffic lanes
in which the openings were made, for the entire length or highway
between the openings, in a manner authorized by the Borough.
(3)
When four or more emergency openings have been made by the same
permittee within 100 linear feet of pavement, the permittee shall
overlay traffic lanes in which the openings were made, for the entire
length of highway between the openings, in a manner authorized by
the Borough.
(4)
If disturbed lanes adjacent to undisturbed lanes are overlaid,
the edge of the disturbed lane shall be saw cut or 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 highways instead of saw cutting or milling
the disturbed lane.
(5)
If disturbed lanes adjacent to shoulders are overlaid, 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.
E. Regardless of the age of the wearing course:
(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 lanes in which the openings were made, for the
entire length of highway that was opened, if the Borough determines
that the ride-ability or structural integrity of the pavement have
been impaired by the openings.
(2)
If four or more openings are made by the same permittee within
100 linear feet of pavement, the Borough may require the permittee
to restore the entire disturbed pavement between the openings by milling,
planing or other authorized method and overlaying the entire disturbed
pavement.
F. Aggregate used in a bituminous overlay wearing course shall comply with skid resistance level (SRL) criteria specified in Design Manual (Part
2, Chapter 11 of PennDOT).
G. 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.
H. At each end of an overlay, the permittee shall install a paving notch,
under Roadway Construction Standard RC-28 (PennDOT), by milling, planing
or other authorized method and provide a minimum ten-foot transition.
I. The transition areas at each end of an overlay shall follow the contour
of the surrounding surface.
J. When pavement markings on more than 100 linear feet of highway are
covered or destroyed by the permitted work, including overlays, they
shall be replaced with temporary pavement markings, under § 203.72
(PennDOT) (relating to temporary pavement markings) before opening
the disturbed pavement to traffic. When the pavement surface is restored,
pavement markings that were covered or destroyed shall be replaced
in their former location.
K. In the case of any test holes that are made pursuant to this Part,
upon completion if said test, all holes shall be filled with sand,
with the last four inches to be filled with a rubber type sealer.
L. After such repairs or repaving are completed upon any improved street,
lane, alley or other thoroughfare of the Borough, a mark of identification
shall be placed at the edge of the repaired surface closest the edge
of the improved surface. This identification mark shall consist of
the date on which the repairs or repaving are completed marked by
paint of a durable wearing quality which shall be color coded as follows:
blue (water), yellow (gas), red (electric), white (telephone) and
green (sewer).
M. The person, firm, corporation or other entity responsible for making
such excavation or test holes will be responsible for making the proper
restoration to the surface of any street, lane, alley or other thoroughfare
according to the Part and shall be responsible to pay the costs and
expense for all said work, including the costs of all materials and
the costs of any inspections deemed necessary under this Part.
[Ord. 1979-1, 2/5/1979, § 7]
Every person making or superintending any excavation or test
hole shall exhibit the permit issued therefor to the Street Department
or any policemen of the Borough of Watsontown when requested to do
so. It shall be the duty of any such officer or Street Department
official to report to the Borough Secretary the name of any person,
firm, corporation or other entity making such excavation, or test
hole without such permit or who is in violation or who has violated
any of the provisions of this Part 1 and the Police Department of
the Borough of Watsontown is hereby charged with the duty of enforcing
the provision of this Part 1.
[Ord. 1979-1, 2/5/1979, § 8]
In the event that immediate emergency repairs are required to
be made on any gas, water, sewer, steam, TV, electric, phone or other
utility line, cable or conduit, no person, firm, corporation or other
entity shall be required to first obtain a permit under this Part
1 before beginning such emergency repair work. However, he or they
shall be required to procure the proper permit as prescribed by this
Part 1 within 48 hours after beginning such emergency repair work
and comply in every other way with the terms of this Part 1.
[Ord. 1979-1, 2/5/1979, § 9; as amended by Ord.
1988-1, 8/1/1988]
1. Rates for permits and/or other fees under this Part 1 are as established
from time to time by the Borough Council.
2. Inspector fees when deemed necessary by the Borough of Watsontown
or its designated representative will be the then-current rate (regular
rate or overtime - as the case may be) of the Street Foreman's
hourly rate, plus any cost that arises from testing equipment and
transportation.
3. For excavations that involve any portion of the paved roadway in any public area for any reason other than an emergency as defined in §
21-108, the following Roadway Excavation Degradation Fee shall apply per each excavation in addition to the street opening fee as finally restored:
[Added by Ord. No. 2019-01, 4/8/2019]
Degradation Fee in Addition to the Excavation Fee
|
---|
Roadway Pavement Age
|
Fee
|
---|
More than five years
|
$50
|
Less than five years
|
$100
|
Less than four years
|
$300
|
Less than three years
|
$500
|
Less than two years
|
$700
|
Less than one year
|
$900
|
[Ord. 1979-1, 2/5/1979, § 10; as amended by Ord.
2013-01, 6/26/2013]
1. Any person, firm, corporation or other entity who refuses or fails
to comply with the terms and conditions of this Part, upon conviction
thereof in an action brought before a Magisterial District Judge in
the manner provided for the enforcement of summary offenses under
the Pennsylvania Rules of Criminal Procedure, shall be sentenced to
pay a fine of not more than $1,000 plus costs and, in default of payment
of said fine and costs, to a term of imprisonment not to exceed 90
days. Each day that a violation of this Part continues or each section
of this Part which shall be found to have been violated shall constitute
a separate offense.
2. The Borough of Watsontown may refuse to grant a permit or revoke
a previously issued permit to any person, firm, corporation or other
entity that did not comply with all the terms and conditions of this
Part for any current or past excavations or test holes, until such
person, firm, corporation or other entity, satisfactorily brings into
compliance with this Part any and all current or past excavations
or test holes.