Borough of Larksville, PA Openings and Excavations

Persons or corporations now or hereafter owning or operating in this commonwealth equipment or facilities for:

(a)

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.

(b)

Diverting, developing, pumping, impounding, distributing or furnishing water to or for the public for compensation.

(c)

Transporting or conveying natural or artificial gas, crude oil, gasoline or petroleum products, by pipelines or conduit, for the public for compensation.

(d)

Conveying or transmitting messages or communications by telephone or telegraph to the public for compensation.

(e)

Sewage collection, treatment or disposal for the public for compensation.

The term "public utility" shall not include:

(a)

Any person or corporation, not otherwise a public utility, who or which furnishes services only to himself or itself; or

(b)

Any bona fide cooperative association which furnishes services only to its stockholders or members on a nonprofit basis; or

(c)

Any producer of natural gas not engaged in distributing such gas directly to the public for compensation.

SERVICE

Is 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.

SPECIAL PAVEMENT

Riding surfaces of concrete, brick, Belgian block or cobblestone.

STREET

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.

UTILITY CORRIDOR

An area within any public right-of-way, usually underground but not limited to same, reserved for and assigned to a specified utility by the Borough Engineer; the area to be used by the specified utility for placing and operating its facilities for transmitting and distributing its particular commodity or service.

UTILITY RELOCATION

Includes the adjustment, replacement or relocation of utility facilities as required by street construction or repaving project, such as: removing or reinstalling the facility, acquiring the necessary rights-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.

WORK

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.

§ 456-24 Permit requirements.

Permit procedure. A permit must first be obtained before any opening can be made in any paved thoroughfare, cartway or sidewalk in the Borough.

Normal permit procedures.

Applications for a pave cut permit shall be available from the Borough Secretary or Street Department Supervisor at the Borough building. An authorized agent of a utility or contractor may complete said application at the Borough 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 Secretary or Street Department Supervisor or Borough Engineer or the Borough Engineer's agent, shall be in the hands of a competent person at the work site described in said application and shall constitute a permit.

An application form, properly completed and including a location sketch shall be collected from the utility on a monthly basis by the Borough. Permit fees shall be billed on a monthly basis by the Borough of Larksville and shall be payable to the Borough of Larksville. Application forms shall be provided by the Borough Secretary or Street Department Supervisor.

Emergency permit procedures.

In the case where an emergency repair, as herein before defined, is found, the utility shall first notify the Borough Secretary or Street Department Supervisor and inform him that an emergency exists.

When the emergency occurs after normal Borough working hours, on weekends and holidays, the utility shall notify Larksville Borough dispatch.

Emergency pave cuts shall be recorded in the Borough pave cut log at the start of the next business day following the emergency.

Nonfee permits. Pave cuts necessitated by Borough-sponsored public improvements will be on a nonfee basis, but limited to a specific contract area. Work done outside a project area will be handled under this § 456-24, and will require a permit fee. A list noting exact locations and dimensions of all such cuts shall be submitted to the Borough Secretary at the completion of work. Notification will be required for any pave cuts made in state highways located within the Borough for which a highway occupancy permit has been issued.

Penalty for failure to obtain a permit. All work done without a permit shall be subject to a penalty plus regular fees. (See § 456-61, Fee schedule.)

§ 456-25 Insurance requirements.

The applicant shall protect, defend, indemnify and save harmless the Borough, its officers and/or agents thereof from all claims, suits, actions and proceedings of every nature and description which may be brought against the Borough, 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 equipment 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 Borough shall not in any way be liable therefor during the period of the work progress and the one-and-one-half-year guaranty period following the completion of the work.

Minimum insurance shall be:

Two hundred fifty thousand dollars liability per individual with $500,000 limit for each occurrence for bodily injury.

Two hundred fifty thousand dollars liability for property damage.

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 Borough Secretary each January 15 or at the time the application for permit is made. Said evidence of insurance must include the provision that the Borough shall be given proper advance notice of at least 30 days of cancellation or any material alteration in the applicant's policy.

§ 456-26 Protection of excavations.

During the progress of work the applicant shall provide and maintain such barricades, warnings, signs and flagpersons as may be deemed necessary by the Borough 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 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, Part IV, Traffic Controls for Street and Highway Construction and Maintenance Operations.

§ 456-27 Pennsylvania One Call.

All utilities and contractors shall utilize at their/its own expense the Pennsylvania One Call System prior to the commencement of the excavation or pave cut. The Pennsylvania One Call phone number is 1-800-242-1776.

§ 456-28 Road closings.

No street in the Borough of Larksville may be completely closed to traffic at any time. One lane of traffic must be able to pass unobstructed at all times. Flagpersons 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 Borough may permit a road to be completely closed temporarily only with the consent of the Fire Chief and the Chief of Police. When an emergency exists, the Police and Fire Department shall be notified. An application form for a permit to close a street will be available from the Borough Secretary. The completed application bearing the signatures of the before-mentioned officers shall be returned to the applicant and shall constitute a permit. A penalty shall be imposed for failure to notify the Chiefs of Fire and Police. (See § 456-61, Fee schedule.)

§ 456-29 Time limits.

For small area pave cuts, the utility or contractor shall be required to complete the temporary restoration 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 Street Department Supervisor, provided that the contractor substantiates sufficient reasons for the extension required.

Long cuts.

Work on long cuts, those over 25 feet in length, shall proceed in a continuous manner as defined with § 456-23 until completed.

Permits for long cuts or capital improvements will not be granted during the months of November through March, except by written permission from the Street Department Supervisor.

§ 456-30 Planned cuts.

The utility or contractor shall coordinate planned cuts in the Borough streets with the paving program of the Borough. A construction schedule comprising planned cuts shall be submitted to the Borough Secretary as they become available. The Borough will provide a list of streets the Borough will pave in that calendar year period to the utilities prior to February 15. Changes in the utilities schedule of planned cuts shall require confirmation from the Borough Secretary and Street Department Supervisor. Changes in the Borough paving program shall be submitted to all utilities at the earliest possible date to permit the utilities to adjust their respective schedule.

§ 456-31 Work to be completed in timely fashion.

All excavations shall be commenced and completed by the use of reasonable work force. In congested areas and the central business district, the Borough may limit work to other than normal daytime working hours.

§ 456-32 Covering of excavations; maximum length.

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 Street Department Supervisor.

§ 456-33 Excavated material.

In peak traffic areas 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. Fire hydrants adjacent to work shall, at all times, be readily accessible to fire apparatus, and no material or obstructions shall be placed within 15 feet of any hydrant.

§ 456-34 Suitability of materials.

The suitability of material to be used as backfill shall be determined by the Borough Engineer or his agent or the Street Department Supervisor. 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 work site.

§ 456-35 Waste material.

Material which is unsuitable and any surplus of excavated material shall be considered waste and shall be disposed of as required by law by the utility or contractor beyond the project limits. In no case shall waste material be left at the work site.

§ 456-36 Moisture content of materials.

Wet material. Material containing moisture in excess of that percentage which will ensure satisfactory compaction shall not be used as backfill material.

Dry material. Material containing insufficient moisture to obtain satisfactory compaction shall be moistened before compaction.

§ 456-37 Street opening requirements.

Power driven concrete saws shall be used on all cuts in pavement. The cuts must be of sufficient depth to provide a smooth edge. Opening in brick or Belgian block based streets shall be of sufficient width to expose 1/2 row of undisturbed interlocking stone. No pavement busters, such as drop hammers, hoe rams and the like, shall be used without the written permission of the Borough Engineer.

Special type pavements. The removed riding surface of brick, Belgian block, cobblestone, tiles or other special surface shall be preserved and reinstalled at the work site for restoration after the opening has been backfilled.

§ 456-38 Responsibility for damages.

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 Street Department Supervisor and all concerned pertinent utilities to instruct them (it) to have representative inspect the condition before and after backfilling is begun.

§ 456-39 Backfilling.

The Street Department Supervisor must be notified in advance of all backfilling. Backfilling will be done in such manner as to obtain compaction throughout the entire length of backfill not less than that which exists adjacent to the excavation. Additionally, said compaction shall be of a required density of 95% dry density to conform to ASTM D-1557 Method D Modified Proctor.

Type 2B modified subbase material shall be used in all excavations involving ruptured or leaking water or steam lines or services where the excavated material is saturated, contains lumps, rocks or stones more than three inches in diameter is frozen or is otherwise unsuitable. The method of backfill shall be consistent with good engineering practice, i.e., the material shall be placed in layers not to exceed six inches properly tamped using a mechanical tamper or a mechanical vibrator up to the bottom elevation of the pavement structure.

§ 456-40 Restorations.

Temporary restorations. All restoration made with cold patch shall be considered temporary. The permittee is responsible for all costs and expenses of making and maintaining temporary and permanent restorations of disturbed areas. Temporary restoration consists of a minimum of three inches of bituminous material and is maintained in place until permanent restoration can be made.

Permanent restorations.

Only utilities or their contractors will be permitted to make permanent restorations of openings in pavements.

The restored pavements shall be guaranteed from failure from the date of completion through two winters. Permanent restoration must be completed within 30 days of the initial cut. Any cuts made in the months of November through March shall be permanently restored within 30 days after hot asphalt becomes available. Any failure of restoration will be reported to the pertinent utility and repairs by the utility will be begun within 24 hours after notification. Upon failure of the utility to repair the cut in a satisfactory manner, the Borough shall have the option to do the work or to contract to complete the work and bill the utility. In addition, penalties for noncompliance shall be levied against the utility or contractor.

Refilling of opening or excavation; restoration or surface; responsibility for defects occurring within two years. Any person who shall open or excavate any street in the Borough of Larksville shall thoroughly and completely refill the opening or excavation in such a manner to prevent any settling thereafter, and shall restore the surface to the same condition as it was before the opening or excavation or in the case of pavement areas with at least four inches of BCBC and 1 1/2 inches of ID-2, 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 of Larksville for restoration for surfaces of streets in the Borough of Larksville. 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. Any openings in excess of 100 feet in an aggregate (all openings lengths added) in any street shall require the permittee to fully overlay the street's entire width with an additional 1 1/2 inches of ID-2 wearing surface as directed in the locations directed by the Borough Council. This work may require the permittee to mill existing pavements as directed by the Borough Council. If within two years after the restoration of the surface, as herein provided, defects shall appear therein resulting from defective backfilling or other workmanship by the applicant, the applicant shall reimburse the Borough of Larksville for the cost of all necessary repairs to the permanent paving.

[Amended 6-15-1999 by Ord. No. 6-1999]

Special restorations. The permanent restoration of special type pavements, such as concrete, brick, Belgian block, cobblestone, gutters or tiles shall consist of relaying the original wearing course in accordance with the original installation specifications in such a manner as to prevent settlement or other deterioration.

§ 456-41 Testing and inspection.

The Borough Street Department Supervisor may inspect all cuts having an area of five square yards or more, and an inspection fee shall be charged. Such inspection fees shall constitute acceptance and approval of work performed by the utility or its contractor, but it is understood that such acceptance and approval does not relieve the utility of any responsibility under this article throughout the guaranty period. Inspection of small cuts having an area of five square yards or less shall not require visual observation when the work is in progress, but may be approved or rejected through subsequent examinations and/or testing.

§ 456-42 Repaving and reconstruction.

Upon notification from the Borough of a planned street resurfacing or reconstruction, all utilities will be required to test their lines and services and to schedule necessary capital improvements and service connections prior to resurfacing or reconstruction. Thereafter cuts will be permitted in the new pavement only in an emergency. Pave cuts made in new pavement shall be subject to a penalty. (See § 456-61, Fee schedule.) Essential services for new building construction will be exempt from this penalty. New construction shall not include the addition of an alternate or secondary source of fuel, water, heat or other service not included in the original construction or regarded as essential to the original construction. Pavement shall be considered new for a period of five years from the date of placement.

§ 456-43 Linestone and monuments.

No linestone or monument in the Borough of Larksville may be removed, altered or buried at any time. When pave cuts or road construction require the temporary removal of a linestone or monument, it must be preserved at the site and reset at the direction of the Street Department Supervisor. All costs incident thereto, including surveys, shall be charged to the utility or contractor. A penalty shall be imposed for failure to report the removal or alteration of a linestone or monument. Burial or paving over a linestone or monument shall carry a penalty for each stone or monument covered. In addition, all cost incidental to exposing and/or resetting a linestone or monument shall be charged to the utility or contractor.

§ 456-44 Parking meters.

When street work renders metered parking unavailable, the applicant shall be charged $2 per day per metered space.

§ 456-45 Test borings.

All test holes and borings shall require restoration. Restoration of bore holes shall follow immediately after testing with the application of asphalt or other water resistant plugs. A penalty will be charged for each test hole found unplugged. (See § 456-61, Fee schedule.)

§ 456-46 Replacement of pavement markings.

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. The Borough shall contract to have the necessary repairs made and bill the utility.

§ 456-47 Replacement of electronic traffic control devices and ancillary equipment.

Electronic traffic control devices and ancillary equipment damaged or removed because of pavement excavations or work incident thereto must be replaced by the utility or its contractor, in kind, in whole or in part as required by the Borough Engineer or his agent. The Borough shall contract to have the necessary repairs made and bill the utility or contractor.

§ 456-48 Preparation of streets for paving, repair or reconstruction.

Council provides by this article, for the laying, renewing and repairing of all gas, water, steam 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 Council shall be the judge, shall Council require such house connections to be extended further from such sewers or from such gas, water, steam or other pipes or conduits than to the inner line of the curbstone of such street. Council may, after notice to all companies, corporations, persons and owners affected, and in default of compliance therewith, cause said pipes to be laid, renewed or repaired and said connections made and collect the cost of paving and repairing all pipes and pipe connections from the companies, corporations or persons owning or operating said gas, water, steam and other 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 cost may be included in any lien filed for the cost of such street improvement, and the lien and the proceedings thereon shall be as in the case of other municipal liens [1931, June 23, P.L. 932, XXIX, 2941, renumbered 2938, and amended 1951, June 28, P.L. 662, (29.4)].

§ 456-49 Determination of lines and grades by Borough Engineer.

The Borough Engineer shall have the final decision for the determination of lines and grades for street construction. This decision shall be based on good engineering practice and Borough standards.

§ 456-50 Utility corridors.

Vertical assignments for new street construction. The following depths for pipes and conduits are assigned to the utilities operating under this article:

Gas lines shall be a minimum of 30 inches below subgrade.

Water lines shall be a minimum of 36 inches below subgrade; a water main shall be a minimum of five feet below subgrade.

Electric lines and conduits shall be a minimum of 24 inches below subgrade.

(4)

Steam lines shall be a minimum of 30 inches below subgrade.

(5)

Telecommunication lines and conduits shall be a minimum of 36 inches below subgrade.

Horizontal and aerial utility corridors. Aerial installations of electric power transmissions 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 relocated upon written order from the Borough Engineer to a point specified therein. The Borough 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 Borough Engineer.

§ 456-51 Relocation of utilities.

Determination of reimbursement. The Borough may participate in the actual costs less betterments of utility relocation when:

An existing utility right-of-way is owned by the utility and interferes with a Borough construction project.

Utility relocation may be necessary for the installation, maintenance or repair of municipality owned or operated utility systems, such as the municipal sewer system of the Larksville Sewer Authority. Where the installation or modification of a municipally owned or operated utility is a part of a roadway construction project, participation in the reimbursement or utility relocation is excepted.

Commencement of utility relocation activities. Upon receipt of a letter from the Borough Engineer authorizing the start of physical work, the utility shall commence work within 30 days unless otherwise stated by the Engineer 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 Borough Engineer.

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 restricting the roadway project contractor, may be done concurrently with the contractors operations when approved by the Borough Engineer and the contractor. 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 to correct any data on file with the Borough Engineer. The utilities are required to obtain the contractors concurrence prior to such revisions within the right-of-way of the project under construction. All such changes shall be brought to the attention of the project engineer and shall be noted in the daily inspection report.

§ 456-52 Delegation of enforcement authority.

Council provides by this article that the responsibility and authority for the administration and enforcement of this article shall rest in the Larksville Borough Street Department Supervisor and/or Borough Engineer.

§ 456-53 Street inspectors.

The Borough 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 Borough Engineer.

§ 456-54 Correction of noncomplying work.

When work performed by a utility or contractor under this article is found in violation of same, the contractor or utility may be given the opportunity to make corrections as required by the Borough. If the corrections are not completed in the specified time or not completed as specified, the Borough may suspend all work, whether completed or in progress, in noncompliance with this article, and take appropriate safety precautions. All work performed or contracted for by the Borough of Larksville to attain compliance in this regard shall be billed to the utility or contractor. In addition, a penalty for noncompliance shall be imposed. (See § 456-61, Fee schedule.)

§ 456-55 Resumption of suspended work.

The utility shall actively resume work upon order from the Borough after a suspension.

§ 456-56 Failure to correct.

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. (See § 456-61, Fee schedule.)

§ 456-57 Refusal to issue permit.

The Borough reserves the right to bar any contractor or his employee from working within the Borough limits whose work is found in noncompliance with this article. The Borough 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 fails to pay sums due the Borough within 30 days from the date of billing. The Borough reserves the right to refuse issuance of a permit to cut new pavement.

§ 456-58 Designation of statutory agent.

Every public utility shall file with the Borough Secretary 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.

§ 456-59 General contractors.

At the discretion of the Borough, licensed contractors, other than those under contract to a utility, may be permitted to make an opening cut or excavation in the Borough's public streets. Sections pertaining to public utilities shall be applicable to licensed contractors. (See § 456-61, Fee schedule.)

§ 456-60 Technical requirements.

It is the intention of Larksville Borough Council that the Commonwealth of Pennsylvania, Pennsylvania Code, Title 67, Transportation, Department of Transportation, Chapter 459, entitled "Occupancy of Highway by Utilities," Sections 459.8 and 459.9 be made part of this article. It is the intent to include additional applicable technical requirements to the chapter.

§ 456-61 Fee schedule.

The fee schedule shall be as follows:

Processing and issuing a permit: $20 each.

Processing and issuing a permit to close a road: $50.

Testing: direct cost of testing laboratory times 1.2 for review and administration.

Inspection: direct cost for Borough's consultant times 1.2 for review and administration.

Cost of cutting new pavement: $75 per square yard.

Cost of regular pavement cuts:

Two feet by two feet (four square feet): $15.

Two feet by three feet (six square feet): $20.

Two feet by four feet (eight square feet): $25.

(4)

Three feet by five feet (15 square feet): $35.

(5)

Square, rectangular or irregular cuts over 15 square feet: base fee of $50, plus $25 per square yard.

(6)

Continuous trenches: base fee of $50, plus $25 per square yard.

(7)

Concrete sidewalk cuts: $25 per square yard.

(8)

Tree lawn cuts: $2 per square foot.

Failure to notify Police Chief and/or Fire Chief of Emergency: $200.

Linestone and monuments:

Failure to report removal or alteration: $150 per day.