On all streets now laid out or hereafter to be ordained and laid out in the Borough, the curbline of those streets which are laid out of a width of 40 feet shall be 13 feet on either side of the center line as designated in the ordinance establishing the street; and on streets which are laid out of a width of 50 feet, the curbline shall be 18 feet on either side of the center line as designated in the ordinance establishing the street.
[Adopted 3-5-1952 by Ord. No. 131 (Part 12, Ch. 2, Art. A, of the 1985 Code of Ordinances)]
[Amended 12-7-1955 by Ord. No. 144]
A.
The width of the sidewalk designated in this article shall be exclusive of the curb.
B.
The width of pavements on the sidewalk area of Main Street shall not be less than 5 1/2 feet. The owner or owners of the lot or lots fronting thereon may provide a grass plot between the pavement and curb.
C.
The width of the pavements on the sidewalk area of Sixth Avenue and West Fifth Avenue shall be five feet.
D.
The width of the pavements on the sidewalk area of all other streets shall be four feet unless, upon application to Council a variance from the terms of this article is permitted.
E.
Grass plots 12 inches between curb and sidewalk shall be constructed by the owners of the abutting premises on all streets except Main Street, as above provided, unless upon application to Council a variance from the terms of this article is permitted.
All pavements shall be constructed or laid so that the center line of the pavement shall coincide with the center line of the space allotted to the sidewalk.
Where grass plots shall be permitted, the surface thereof shall be firm and on a level with the sidewalk and curb and shall be safe for the use of pedestrians and shall not be wired or roped or otherwise obstructed or maintained so as to endanger persons or property.
Curbs shall be six inches in width at the top, and where grass plots are not permitted, shall be located between the outer edge of the sidewalk and the roadway for vehicles. Where grass plots are permitted, such curbs shall be located between the outer edge of the grass plots and the roadway for vehicles.
Trees, poles and pipes now or hereafter placed or maintained in the sidewalk limitations as provided in this article, shall be placed or maintained so to prevent injury to persons or property and shall be removed, changed or trimmed whenever Council decides that it is for the best interest of the Borough.
All sidewalks and curbs shall be built and maintained at the expense of the owner of the abutting premises and shall be in thorough repair and in safe condition, free of any obstruction.
Sidewalks shall be constructed or reconstructed upon 20 days' notice to the owner of the abutting premises and shall be repaired upon 10 days' notice.
No pavement or curb laid before the effective date of this article with material or materials not prescribed in the specifications authorized by § 592-11 and the specifications contained in that section shall be permitted to be repaired, but whenever any such pavement or curb becomes, in the opinion of the Borough Council, in disrepair, notice shall be served upon the owner or owners of the lot or lots fronting thereon to repave the sidewalk or reset the curb with the material as provided in this article.
The materials to be used in the construction of all curbs and sidewalks (including the portion of the sidewalk comprising part of a driveway providing vehicular access to and egress from a property), and the method of constructing all curbs and sidewalks shall conform to and comply with the official sidewalk, curb and driveway specifications as adopted by Council from time to time. The use of any other materials, methods or procedures for new sidewalks, curbs and the portion of any driveway occupying a sidewalk area or for the repairing of any existing sidewalk, curb or driveway portion found to be in disrepair shall be prohibited. The detailed specifications referred to in this section shall be made available to persons required to construct, reconstruct or repair sidewalks.
Nothing in this article shall be so construed as to prevent any owner or owners of property from laying curbs and sidewalks or repairing the same in front of their properties, provided they comply with the terms of this article.
On the neglect or refusal of the owner or owners of the lot or lots as required by this article to grade, pave, repave or repair any sidewalk or to set, place, construct or repair any curb at the edge thereof, after 30 days' notice so to do from Council, through its proper officers, the Borough shall have the work done and shall collect from the owner or owners of the lot or lots the cost thereof and 10% additional, together with all charges and expenses and shall file a municipal lien therefor against that lot or lots. Provided, this section shall be also applied to rectification or remedy of construction, reconstruction or repair work not in conformity with this article or with specifications adopted under authority of this article.
[Added 4-6-2005 by Ord. No. 511]
A.
Purpose. The purpose of this specification is to provide for the public good and establish a permit process and requirements for roads, utility cuts in roads and streets, backfilling of trenches replacing of removed pavement sections and regulating the location and construction of utility facilities and other structures with Borough highway rights-of-way for the purpose of ensuring the structural integrity of the highway, economy of maintenance, preservation of proper drainage and safe and convenient passage of traffic.
B.
Definitions. The definitions of words and terms, when used in this article, have the meaning set forth in the PennDOT regulations for occupancy of highways by utilities, 67 Pa. Code § 459.1, as amended.
C.
Permit application procedures.
(1)
General rule. Except for emergency repairs of utility facilities, no work may be performed within the right-of-way involving the placing of utility facilities or other structures or opening of the surface without first obtaining a permit from the Borough. Work performed within the right-of-way shall conform to PennDOT regulations 67 Pa. Code Chapter 203 (relating to work zone traffic control).
(2)
Emergency repairs of utility facilities. Emergency repairs of utility facilities may be performed without first obtaining a permit under this article; however, application must be made by the applicant or person making such repair, pursuant to this article, for a permit under this section, within 16 hours of beginning the emergency repair work or the next business day for weekends and holidays when the Borough Building is closed.
(3)
Who may execute applications.
(a)
If a corporation, authority, political subdivision or other person in the business of providing utility service owns, operates or intends to operate the facility, the application shall be submitted in the name of, and executed by, the party. An application may not be submitted in the name of contractors of the owner or operator nor in the name of persons only being serviced by the facility.
(b)
In the case of a facility owner who is not in the business of providing utility service, such as a developer whose land is located outside a utility's service jurisdiction, the application shall be submitted in the name of, and executed by, the owner of the facility at the time of construction. The applicant shall indemnify and hold harmless the Borough from claims by anyone claiming residual property interests in the permitted area.
[1]
An applicant under this section shall provide satisfactory evidence to the Borough of ability to completely discharge construction, maintenance and financial duties imposed by this article. An applicant shall provide satisfactory evidence that the proposed facility will not be inconsistent with the structural integrity of the right-of-way, the Borough's maintenance responsibilities or the safe and convenient passage of traffic. The Borough may require security, including but not limited to:
[a]
Executing indemnity agreements satisfactory to the Borough.
[b]
Obtaining insurance in a form and amount acceptable to the Borough.
[c]
Obtaining surety bonds in a form and amount acceptable to the Borough to guarantee restoration of the permitted area in a manner satisfactory to the Borough for a period of at least 18 months after the acknowledged completion of the permitted work.
[d]
Obtaining surety bonds in a form and amount acceptable to the Borough to guarantee necessary maintenance costs for the facility and the right-of-way in which it is located for a period of at least two years after the acknowledged completion of the permitted work.
[e]
Depositing sufficient currency in an escrow account acceptable to the Borough to fully secure the obligations in Subsection C(3)(b)[1][a] and [b] above as an alternative to the obtaining of the surety bonds.
[f]
The use of bonded contractors as well as consultants and engineers having professional liability insurance.
[2]
An applicant under this section shall submit a detailed traffic control plan for permitted work.
[3]
An applicant under this section is not authorized to place a facility longitudinally within the pavement, nor in the shoulder unless the applicant provides detailed plans which verify there is no feasible space outside the shoulder for placing the facility.
[4]
The application and/or permit are not transferable or assignable.
D.
Required application information. A permit application:
(1)
Shall be submitted in person or by mail on a properly completed Borough form, available at the Borough Building.
(2)
Shall be signed by the applicant, and the consulting engineer, if any, performing work related to the application.
(3)
Shall include at least four sets of plans of quality sufficient for microfilming, detailing the location and pertinent horizontal and vertical dimensions of the opening, the proposed utility installations and related, highway features, including specific highway location, center line, edges of pavement, outside edges of shoulders, curbing, guide rail, highway drainage structures and right-of-way lines. Color coded plans and freehand drawings of roadway or utility features are unacceptable.
(4)
Shall be accompanied by a check or money order, payable to the Borough according to the Schedule of Fees of the Borough. Said fees will be established from time to time by Borough Council Resolution.
(5)
Shall be submitted to the Borough at least 30 days prior to the anticipated start of work. If the permitted work shall be performed for the permittee by a contractor, the application shall, if possible, be submitted to the Borough at least 60 days prior to soliciting bids for the permitted work so that the permittee may notify bidders of permit requirements. If the application specifies that the permitted work involves providing priority utility service, the Borough office will process the priority application before other nonpriority applications submitted by the applicant.
(6)
Shall identify consulting engineers performing work related to the application. The consulting engineer shall also sign the application.
E.
Plans for occupancy of the pavement or shoulder. A permit application for occupancy of the pavement or shoulder shall include detailed plans which, in addition to § 592-14D, comply with the following:
(1)
Plans depicting new occupancy of more than 500 linear feet of pavement or shoulder, or both, shall have a horizontal scale of one inch equal to no more than 50 feet. Plans depicting other occupancy of the pavement or shoulder shall specify dimensions from the near edge of pavement.
(2)
Plans depicting installation or replacement of a facility involving more than 100 linear feet of pavement or shoulder opening shall identify utility facilities and other structures within the right-of-way that will be affected by the proposed occupancy and shall include typical cross sections at each significant change in highway cross section features.
(3)
Plans depicting installation of a facility longitudinally within more than 100 linear feet of pavement or shoulder, or both, shall verify there is no feasible space outside the pavement or shoulder available for placing the facility.
F.
A traffic control plan shall be submitted with the application in the following manner:
(1)
With the exception of emergency work performed under § 592-14C(2), the applicant shall submit a traffic control plan for Borough approval for work on roadways or rights-of-way whenever it will be necessary to close a portion of a travel lane during hours of darkness without work in active progress; or whenever it will be necessary to completely close a highway to perform the permitted work. If a roadway is approved for closure the applicant must:
(a)
Advertise in the local newspaper at least twice, one week prior to the anticipated closure notifying motorists of closure.
(b)
Provide written notices to emergency services (police, fire and ambulance) and school district notifying them of work, at least two weeks prior to the closure.
(c)
Provide written notices to residents who reside along that roadway notifying of the work to be done, one week prior to the closure.
(2)
The Borough may require an applicant to submit a traffic control plan under other special circumstances.
(3)
A traffic control plan shall comply with PennDOT regulations, 67 Pa. Code Chapter 203, and shall clearly indicate how the work area, vehicular and pedestrian traffic will be protected, maintained and controlled.
(4)
A traffic control plan shall consist of one of the following:
(a)
A reference to specific figures in PennDOT regulations, 67 Pa. Code Chapter 203, if the referenced figures properly depict actual site conditions and address the necessary traffic control.
(b)
Four copies of specific figures from PennDOT regulations, 67 Pa. Code Chapter 203, which have been modified to depict actual site conditions and the necessary traffic control requirements for the specific project.
(c)
Four copies of a detailed drawing, showing actual site conditions and the necessary traffic control requirements for the specific project.
G.
Blasting requirements. When blasting methods other than controlled blasting, as specified in PennDOT regulations, Section 203.3(b)1 of Publication 408, will be used or when blasting is anticipated within 100 feet of a bridge, box or culvert, a detailed plan of excavating, shoring, blasting and backfilling procedures shall be submitted at least 15 days prior to blasting. Prior to blasting within the right-of-way, insurance shall be furnished.
H.
Accuracy of application. The applicant is responsible for the accuracy of information submitted to the Borough, including the application, plans, drawings, reports and correspondence.
I.
Penalty for falsifying application. Information provided in applications shall be accurate. Section 4904 of the Crimes Code (relating to unsworn falsification to authorities)[1] makes it a misdemeanor of the second degree for a person to mislead a public servant in performing an official function by making a written false statement which the person does not believe to be true.
[1]
Editor's Note: See 18 Pa.C.S.A. § 4904.
J.
Authority to reject application. The Borough will examine and determine the genuineness, regularity and legality of every application and may reject an application if not satisfied as to its genuineness, regularity or legality or the truth of a statement contained in the application. The Borough may also make investigations and require additional information as it deems necessary.
K.
Debarment.
(1)
The Borough may debar a person, including permittee, consultants, contractors and their employees, agents, successors and assigns from placing a facility, working within or otherwise occupying Borough highway rights-of-way under permit, directing work or having involvement in a permit issued or an application submitted under this article, for one or more of the following:
(a)
Unsatisfactory past performance, as documented by records, reports or performance ratings.
(b)
Failure to complete permitted work under the permit and this article, as documented by records, reports or performance ratings.
(c)
Bribing, attempting to bribe or giving gratuities to Borough employee or permit inspector.
(2)
The first debarment of a person shall be for six months to 18 months. A subsequent debarment of the same person ordered within five years after the first debarment is served, shall be for 18 months to three years.
L.
Issuance of permits.
(1)
General rule. Upon approval of an application submitted under this article, a permit will be issued by the Borough, subject to this article and the conditions contained in the permit and its attachments and supplements. The permit shall be the applicant's authority to proceed with the work specified in the permit. A copy of the permit and relevant plans shall be available at the work site for review.
(2)
Agreement/security. If a permittee will be authorized to perform a substantial amount of work within the right-of-way, the Borough may, at its discretion, require the applicant to execute an agreement or provide security, or both, as a prerequisite to issuance of the permit. If security is required, it shall be delivered to the Borough in a form and amount acceptable to the Borough and shall guarantee restoration and maintenance of the highway for a period of at least two years after acknowledged completion of the permitted work.
(3)
Photo documentation. At least 15 days prior to opening more than 100 linear feet of pavement or shoulder, or both, the permittee shall deliver photo documentation to the Borough office verifying the preconstruction condition of the pavement and shoulder surfaces.
(a)
The pavement and shoulder that will be disturbed shall be photo documented in its entirety with color videotape or color film. Photo documentation shall be compatible with Borough viewing equipment.
(b)
The permittee may submit color slides or color prints in lieu of videotape or film, if each slide or print is clearly labeled and arranged to verify the surface condition of each successive 0.25 linear feet of pavement and shoulder that will be disturbed.
(c)
The date of photo documentation shall be identified on each cartridge, reel, slide or print.
M.
Scope of permit. The permit is binding upon the permittee, its agents, contractors, successors and assigns.
(1)
The permittee is responsible for causing compliance with the terms and conditions of the permit by its employees, agents and contractors.
(2)
The permit shall be located at the work site and be available for inspection by a police officer or representative of the Borough.
(3)
The permit shall be maintained by the permittee as a permanent record and remain in effect, subject to the permit conditions and this article, as long as the permittee's facilities authorized by the permit occupy the right-of-way.
(4)
The permittee is liable to the Borough for failure to comply with the permit and this article. The liability of the permittee to the Borough does not preclude the permittee or the Borough from bringing an action against the permittee's contractor, subcontractor, engineer, architect, assignee, agent, workers, employees or other persons.
(6)
Work to conform to Borough standards. Work shall conform to Borough standards, including the following:
(a)
The work shall be done at a time and in a manner consistent with the safety of the public and conform to requirements and standards of the Borough, including but not limited to Publication 408.
(b)
Highway materials shall be obtained from PennDOT approved sources which are identified in current PennDOT Publication Numbers 34, 35, 41 and 42. Upon request, the permittee shall make available for review certifications for backfill and restoration materials placed within the improved area.
(c)
If it is found by the Borough that the work is not being done or has not been properly performed, the permittee shall promptly take the necessary steps, at its own expense, to place the work in condition to conform to the requirements or standards.
(d)
If a dispute arises between the permittee and the Borough's inspector, the Borough's inspector has the authority to suspend work until the question at issue may be referred to and decided by the Borough office.
(7)
Permittee responsibilities. Permittee responsibilities include the following:
(a)
The permittee shall pay the costs and expense incident to or arising from the project, including the prescribed fees for the project, the cost of making and maintaining temporary restoration of the disturbed areas and making permanent restoration. The permittee shall reimburse the Borough for inspection cost which the Borough deems necessary to incur within 30 days after receipt of the Borough's invoice.
(b)
In the event of failure or neglect by the permittee to perform and comply with the permit the Borough may immediately revoke and annul the permit and order and direct the permittee to remove structures, equipment or property belonging to the permittee or its contractors, or both, from the legal limits of the right-of-way and to restore the right-of-way to its former condition. If the Borough determines that the structures, equipment or property poses a threat to the public safety and the permittee fails to remove it after notice from the Borough to do so, the Borough Solicitor or his attorneys, is authorized to enter an amicable action of ejectment and confess judgment against the permittee. The attorney is authorized to issue forthwith a writ of possession with a clause of fieri fascias for costs, without leave of court.
(c)
At the end of a workday, an opening in the right-of-way shall be covered, backfilled or protected under § 592-14N relating to special conditions; subsurface operations. If work is stopped on a project, other than at the end of a normal workday, the permittee shall promptly backfill the opening and restore the surface, and work may not be resumed until the permittee is prepared to proceed with the work to its completion. If the permittee fails to backfill the opening or proceed until completion of the work, the Borough reserves the right to do the work upon notice to the permittee, where practicable, and shall be reimbursed for the costs by the permittee within 30 days after receipt of the Borough's invoice.
(d)
If the permittee, after making an opening in the surface to place or repair a facility or for another purpose, fails to restore a portion of the right-of-way the Borough reserves the right to do the work upon notice to the permittee, if practicable, and the permittee shall reimburse the Borough for the costs within 30 days after receipt of the Borough's invoice.
(e)
If backfill or restoration work will be performed for the permittee by a contractor, the permittee shall identify to the Borough both its contractor and its inspector-in-charge who shall be assigned to monitor backfill and restoration work performed within the improved area. The permittee's inspector-in-charge, as well as the permittee, is responsible for ensuring the work is performed in compliance with the permit, this article and PennDOT Publication 408.
(f)
The permittee shall notify the Borough at least three full workdays prior to the start of work when the permit identifies that the permitted work will be inspected on a more than spot-inspection basis.
(8)
Altering drainage is prohibited. Altering drainage shall be prohibited by the following conditions:
(9)
Equipment damaging highway. A highway shall be protected in accordance with the following:
(a)
To protect the pavement and shoulders, equipment shall have rubber wheels or runners and have rubber, wood or similar protective pads between the outriggers and the surface unless otherwise authorized by the permit.
(b)
If other than rubber equipped machinery the pavement and shoulders shall be protected from equipment damage by the use of matting or other suitable protective material, unless the permittee requests, in writing, a waiver from the use of protective material, thereby acknowledging its obligation and commitment to repair or reconstruct the pavement and shoulder, if damaged, to its former condition.
(c)
If the equipment damages the pavement or shoulders, the permittee shall restore the damaged pavement or shoulder, or both, to its former condition, in a manner authorized by the Borough.
(d)
The Borough office may authorize the permittee to restore the pavement or shoulder from superficial surface damage with a seal coat or surface treatment.
(10)
Work zone traffic control. Maintenance and protection of traffic shall be carried out by the permittee under 75 Pa.C.S.A. § 6123 (as amended, relating to erection of traffic-control devices while working), the approved traffic control plan and the applicable provisions of PennDOT 67 Pa. Code Chapter 203 (relating to work zone traffic control).
(11)
Limited access right-of-way. No utility may conduct any operations or inspection of existing facilities, within limited access right-of-way without first obtaining a permit, except for an emergency.
(12)
Indemnification of the Borough for property and personal injury will be governed as follows:
(a)
The permittee shall fully indemnify and save harmless and, if requested, defend the Borough, its officers, agents and employees, of and from liability for damages or injury to persons or property in a claim or suit seeking to impose liability on the Borough, its officers, agents or employees, arising out of an act or omission of a contractor, agent, servant, employee or person engaged or employed in, about or upon the work, by, at the instance of or with the approved consent of the permittee, including a failure of the permittee or a person to comply with the permit or this article.
(b)
Upon request, the permittee shall deliver to the Borough certificates of insurance.
(13)
Insurance. The permittee shall obtain, prior to the start of work, a policy of insurance, issued by an insurer having a certificate of authority and a licensed agent authorized to transact the business of insurance in this commonwealth, in accordance with the following conditions:
(a)
The permittee or its contractor shall obtain insurance for public liability and property damage, in form, amount and duration satisfactory to the Borough to cover a loss that may be incurred for construction, reconstruction, repair, relocation or installation of the permitted structure or facilities.
(b)
If blasting is authorized by permit the insurance coverage shall include property damage and personal injury occasioned by blasting. In addition, the insurance policy shall provide coverage for damage to the highways, highway structures and appurtenances or other Borough property and shall be in an amount satisfactory to the Borough.
(c)
Upon request, the permittee shall deliver to the Borough certificates of insurance evidencing the insurance coverage required.
(d)
The permittee's obligations to indemnify the Borough and obtain insurance to secure indemnification and its obligations to restore the highway and obtain a bond relating to restoration are separate obligations from obtaining insurance for the purposes required.
(14)
Maintaining structure or facility. As long as the permittee operates and leaves in place structures or facilities, in, upon or along the right-of-way, the permittee shall maintain and keep them in good order and repair.
(15)
Damaged structure or facility to be repaired. If a structure or facility becomes damaged, the permittee shall promptly have it removed, repaired or otherwise made safe. The permittee is responsible for repair or restoration of the portion of the highway damaged by a structure or facility. The permittee's obligation to repair or restore the highway necessitated by a damaged structure or facility under this subsection is separate from the obligations to restore the highway and obtain a bond relating to restoration and maintenance of the highway.
(16)
Damage to highway. Responsibility of the permittee for restoration of the highway includes the following:
(a)
If there is a failure of the highway, including a slope or other appurtenance thereto, in the area of the permitted work within two years after the acknowledged completion of the permitted work and there is no similar failure of the highway beyond the area of the permitted work, the permittee has absolute responsibility to make temporary and permanent restoration of this area unless the permittee delivers clear and convincing evidence to the Borough office demonstrating that the highway failure was caused by another person.
(b)
In situations where the permittee has the responsibility to restore the highway, including slope or another appurtenance thereto, the permittee has the duty to restore the improved area in accordance with the permit. If the permittee fails to restore the improved area properly, the Borough will have the authority to do the work at the expense of the permittee. The permittee shall reimburse the Borough for the costs within 30 days after receipt of the Borough's invoice.
(c)
The obtaining of a bond, other security or an agreement to secure restoration costs does not relieve the permittee of the restoration obligations imposed. The obtaining of a bond, other security or an agreement will not act as a release of the permittee from liability under principles of tort law with respect to a failure of the highway in the permitted area occurring after the expiration of the bond, other security or agreement.
(17)
Future highway changes. If in the future the highway is altered for public convenience or necessity, the permittee shall at its own cost and expense, change or relocate all or a part of the structures or facilities authorized by the permit which interfere with the highway alterations or which is inconsistent with the purpose of the highway alterations.
(18)
Acknowledgment by inspector. Acknowledgment, by the inspector of the Borough that all or part of the permitted work has been completed, does not constitute approval or acceptance of the work or agreement that the work was performed in accordance with the permit. Acknowledgment of completion by the inspector will not act as a release of the permittee or waiver by the Borough of its right to seek performance or restitution from the permittee.
N.
Special conditions; subsurface operations.
(1)
Drilling, boring, driving or tunneling across improved area. Drilling, boring, driving or tunneling across improved areas shall comply with the following conditions:
(a)
When crossing under an improved area, the opening for a utility facility shall be drilled, bored, driven or tunneled a minimum depth of three feet from the surface to the top of the opening.
[1]
If the facility or its casing is 30 inches or greater in diameter, the bored cylindrical space surrounding either an uncased facility or a facility casing shall be filled with grout, in a manner authorized by the Borough office.
[2]
Jet or other nonmechanical boring methods are prohibited. Water may be used under low pressure only to cool the drill bit and to facilitate removal or cuttings from the bore opening, if retrievable liquids are immediately removed from the boring pit.
(b)
No openings for the purpose of placing utility facilities or other structures under the improved area by drilling, boring, driving or tunneling may be made closer than three feet to the edge of the shoulder, unless the permit authorizes a lesser clearance.
(c)
A facility or other structure crossing under the improved area shall be constructed to assure the safety of the traveling public and to preclude the necessity of entering upon the improved area to effect future maintenance or replacement.
(2)
Trenching across the improved area. Trenching across an improved area may be performed only when specifically authorized by the permit, in accordance with the following:
(a)
The top of every utility facility shall be installed at least three feet beneath the surface.
(b)
Trenching across the improved area may be authorized by the permit where drilling, boring, driving or tunneling are not feasible because:
[1]
The subsurface is solid rock, as documented with satisfactory evidence such as drill records, or where boring was attempted without success.
[2]
There are other facilities located longitudinally under the improved area and their location precludes methods other than trenching, as documented with a detailed plan.
[3]
Adjacent development in a very congested urban area makes the construction of a tunneling or boring shaft impossible.
(d)
When trenching is authorized by the permit, the trenching operation shall be performed by one of the following methods:
[1]
Utility facility placed in one piece across highway:
[a]
Traffic shall be routed over 1/2 of the pavement width.
[b]
The closed half of the pavement shall be opened to the required depth and bridged with steel plates.
[c]
Traffic shall be shifted to the bridged half of the pavement.
[d]
The remaining half of the pavement shall be opened to the required depth.
[e]
The facility shall be placed full width.
[f]
The open trench shall be backfilled with restored half-width in accordance with this section.
[g]
Traffic shall be shifted to the restored half of the pavement.
[h]
The bridging shall be removed and the remaining half of the trench shall be backfilled and restored in accordance with this section.
[2]
Utility facility placed in more than one piece across highway:
[a]
Traffic shall be routed over 1/2 of the pavement width.
[b]
The closed half of the pavement shall be opened to the required depth, the facility placed and the trench backfilled and restored in accordance with this section.
[c]
Traffic shall be shifted to the restored half of the pavement.
[d]
The remaining half of the pavement shall be opened to the required depth, the facility placed and the trench backfilled and restored in accordance with the provisions of this section.
[3]
The permittee shall protect its openings to provide for the safety of the traveling public, including motorist, bicyclists and pedestrians.
[4]
The permit may authorize the placement at depths less than three feet of traffic signal detectors or other highway facilities which are not capable of operating more than three feet below the surface.
(e)
Openings parallel to the highway. Requirements for openings parallel to the highway are as follows:
[1]
A utility facility shall be placed outside the pavement and shoulder unless there is no feasible space outside the pavement and shoulder for placing the facility, in which case occupancy within the pavement or shoulder may be authorized by the permit.
[2]
The top of a utility facility shall be installed at least three feet beneath the surface.
[3]
On an unpaved highway, the near edge of the opening shall be at least 12 feet from the general center line of the traveled highway, or as authorized.
[4]
No opening may be made for more than 200 linear feet at one time, unless authorized by the permit.
[5]
The permittee shall protect its openings to provide for the safety of the traveling public, including motorists, bicyclists and pedestrians.
(f)
Daily stoppage of work requirements. Daily stoppage of work requirements include the following:
[1]
Except for emergency repairs of utility facilities, work within the pavement or shoulder shall be stopped prior to peak traffic hours that may exist on a particular highway on a particular day and as specified in the permit.
[2]
At the end of each workday, an opening in the right-of-way shall be one of the following:
[a]
Covered with steel plates or bridges over openings which are less than six feet in either length or width. The plates or bridging shall be extended a minimum of 18 inches from each edge of the opening and shall be secured in a safe manner.
[b]
Backfilled to the bottom elevation of the pavement or base course, or to the original surface elevation if outside the pavement and shoulder, and protected in accordance with PennDOT regulations, 67 Pa. Code Chapter 203, (relating to work zone traffic control) and an approved traffic control plan until the surface is restored to its former condition.
[c]
Protected under PennDOT regulations, 67 Pa. Code Chapter 203, and an approved traffic control plan, if the permittee has delivered certificates of insurance.
[3]
The permittee shall protect its opening to provide for the safety of the traveling public, including motorists, bicyclists and pedestrians.
(g)
Plowing operations shall comply with the following:
[1]
No plowing will be permitted within the right-of-way, unless authorized by the permit.
[2]
Plowing operations will not be authorized in the pavement or paved shoulder.
[3]
Plowing operations in unpaved shoulders are not allowed from December through March inclusive or at other times when there is frost in the top three feet beneath the surface.
[4]
No plowing is authorized within three feet from the edge of the pavement. A greater distance shall be attained wherever possible.
[5]
The opening shall be a minimum depth of three feet. If this depth cannot be consistently maintained, the proper depth shall be achieved by trenching.
[6]
The utility facility shall be installed under any structures that are less than three feet deep. Disturbed structures shall be repaired or replaced by the permittee.
[7]
The disturbed area shall be restored in conjunction with the plowing operation. Heaved surfaces shall be scarified to a depth of at least four inches, extending at least one foot on either side of the heaved area for the entire length of heaved area. The disturbed area shall then be graded, backfilled where necessary and compacted until the disturbed area is restored to a condition at least equal to that which existed before plowing. Disturbed shoulders shall also be restored.
(h)
Disposition of materials. The responsibility of the permittee for disposition of materials is as follows:
[1]
The permittee shall keep the improved area free of material which may be deposited by vehicles traveling upon or entering onto the highway during the performance of work authorized by the permit.
[2]
The permittee is responsible for controlling dust conditions created by its own operations.
[3]
Excess material and material that is not suitable for backfill shall be promptly removed and properly disposed of outside the right-of-way as the work progresses.
[4]
Other material shall be stored so that there will be no interference with the flow of highway drainage.
[5]
The permittee is not authorized to close a portion of the pavement or shoulder to traffic for the primary purpose of storing material. If the permittee stores material on the pavement or shoulder, the permittee thereby acknowledges its obligation and commitment to repair or reconstruct the pavement and shoulder, if damaged, to its former condition, in a manner authorized by the Borough office. Delivered material may not be stored overnight on the pavement.
[6]
The Borough may authorize the permittee to restore the pavement or shoulder from superficial surface damage with a seal coat or surface treatment.
(i)
Backfilling. An opening shall be backfilled by the permittee in accordance with the following:
[1]
The opening may first be backfilled with fine aggregate material, meeting the requirements of PennDOT regulations, Section 703.1 of Publication 408, or granular material to protect the facility, placed to a height not to exceed one foot over the top of the facility, if the material is compacted in not more than four-inch loose layers or as authorized under Publication 408. To help protect its facility from future excavations, the permittee is encouraged to place a permanent colored ribbon under Subsection N(1)(a) at least one foot above its facility. If the facility is nonmetallic, the permittee is also encouraged to place a metallic ribbon at a depth from which the ribbon can be sensed by typical metal locating instruments.
[2]
The opening shall then be backfilled with 2A modified.
[3]
Backfill shall be compacted as follows:
[a]
General rule. Backfill material shall be placed in loose layers not to exceed eight inches if vibratory compaction equipment is used. Each layer shall be thoroughly compacted to 97% to 100% compaction.
[b]
Existing pavement elevation. Compaction shall be completed to the bottom elevation of the existing pavement.
[4]
The Borough may require the permittee to have material proposed for use as backfill and compacted material tested, at the expense of the permittee, for conformance to the applicable gradation and compaction requirements of Publication 408.
[5]
Test holes shall be backfilled, as soon as safely possible, with material authorized by the Borough. The Borough office may authorize test holes in the pavement or shoulder to be restored with a one foot cutback of the surrounding surface.
(j)
Restoration of flexible base pavement. Base and surface restoration of flexible base pavements shall be performed under this subsection and as specified in the permit. 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. Other surface opening methods such as cutting may be authorized if the methods result in the opened pavement having a neat straight vertical line.
[1]
Exposed vertical and horizontal surfaces shall be prepared under PennDOT regulations, Section 401.3(f) of Publication 408.
[2]
The base course shall consist of bituminous concrete meeting the requirements of PennDOT regulations, Section 305 of Publication 408 or other base course material authorized by the Borough office. The base course material shall have a minimum depth of five inches or a depth equal to the existing base course, whichever is greater.
[3]
If required, the binder course shall consist of ID-2 material meeting the requirements of PennDOT regulations, Section 421 of Publication 408. The binder course shall have a minimum depth of two inches or a depth equal to the existing binder course, whichever is greater.
[4]
The wearing course shall consist of ID-2 material meeting the requirements of PennDOT regulations, Section 420 of Publication 408, or FJ-1 material meeting the requirements of PennDOT regulations, Section 422 of Publication 408. The wearing course shall have a minimum depth of 1 1/2 inch ID-2, or one inch FJ-1, or a depth equal to the existing wearing course, whichever is greater.
(k)
Restoration of plain or reinforced cement concrete pavements. Base and surface restoration of plain or reinforced cement concrete pavements shall be performed under this subsection and as specified in the permit. Drilling is not permitted where sawing or cutting is required.
[1]
Prior to replacement of the pavement, one foot outside of each edge of the opening shall be sawed the full depth of pavement in a neat straight line. The detached material shall be removed without damaging the adjacent pavement. The use of a pavement breaker is prohibited. The permittee may partially saw cut the pavement to a depth of at least three inches and cut the remaining pavement with a jackhammer weighing no more than 90 pounds, if:
[2]
Outside existing shoulder. If the disturbed area extends outside the existing shoulder, the disturbed area outside the restored shoulder shall be properly graded and a ditch line shall be constructed wherever necessary to maintain highway drainage.
(l)
Temporary pavement restoration of a pavement or paved shoulder may be required by the Borough office prior to permanent restoration, under the following:
[1]
Temporary pavement restoration shall be completed before traffic is allowed to travel on the disturbed area. The temporary pavement may be kept in place for up to six months or as specified in the permit, and properly maintained.
[2]
The temporary pavement shall be removed and permanent restoration performed.
(m)
Appurtenances to underground installations. Requirements relating to appurtenances to underground installations shall include:
[1]
The top of every manhole, valve box or other access to the facility shall be approximately one inch below the surface in which it is located.
[2]
The surface surrounding manhole covers valve boxes, or other facility located in paved shoulders shall be paved with four inches bituminous concrete base course a distance of at least two feet around the structure to prevent washouts.
[3]
A manhole, including those cast-in-place, shall be constructed in compliance with current industry standards and PennDOT regulations, Section 713.2(c) of Publication 408.
(n)
Additional restoration shall be required as follows:
[1]
Disturbed portions of the highway, including, but not limited to, slopes and appurtenances and structures such as 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, if the restoration is consistent with the Roadway Construction Standards. Additional restoration may also be required, upon written notification, to restore the structural integrity of the pavement or shoulder.
[2]
If the permittee opens 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 section, overlay the pavement in accordance with the following conditions:
[a]
When a longitudinal or transverse opening longer than 10 linear feet has been made in the pavement, the permittee shall overlay the traffic lanes for the entire length of highway that was opened, in a manner authorized by the Borough.
[3]
If the permittee opens pavement having a bituminous concrete surface and the wearing course is over five years old, the permittee shall, in addition to the restoration conditions outlined in the permit and in this section, overlay the pavement in accordance with the following conditions:
[a]
When two or more transverse openings have been made the permittee shall overlay traffic lanes, for the entire length of highway between the openings, in a manner authorized by the Borough.
[b]
When four or more emergency openings have been made by the same permittee, the permittee shall overlay traffic lanes, for the entire length of highway between the openings, in a manner authorized by the Borough.
[c]
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.
[d]
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.
[4]
Regardless of the age of the wearing course:
[a]
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 for the entire length of highway that was opened, if the Borough office determines that the rideability or structural integrity of the pavement has been impaired by the openings.
[5]
Aggregate used in a bituminous overlay wearing course shall comply with skid resistance level (SRL) criteria specified in PennDOT regulations, Design Manual, Part 2, Chapter 11.
[6]
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.
[7]
At each end of an overlay, the permittee shall install a paving notch, under PennDOT regulations, Roadway Construction Standard RC-28, by milling, planing or other authorized method and provide a minimum ten-foot transition.
[8]
The transition areas at each end of an overlay shall follow the contour of the surrounding surface.
[9]
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 PennDOT regulations, Section 203.72 (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.
[10]
Sealing. Restored openings in the pavement or paved shoulder shall be sealed under PennDOT regulations, Section 401.3(j)(3) of Publication 408 in the case of bituminous concrete or PennDOT regulations, Section 501.3(n) of Publication 408 in the case of cement concrete.
O.
Special conditions, aboveground facilities.
(1)
General rule. A permit will not be issued to install aboveground facilities at a location which the Borough determines to have a high accident potential.
(2)
Location of aboveground facilities. The location of an aboveground facility shall be:
(a)
Within nonlimited access right-of-way.
[1]
New poles and other aboveground facilities shall be installed outside the highway clear zone as near the right-of-way line as practicable, under the permit and applicable provisions of PennDOT regulations, Design Manual, Parts 2 and 5.
[2]
Replacement of poles and other aboveground facilities shall comply with the permit and applicable provisions of PennDOT regulations, Design Manual, Part 5.
[3]
Installation of poles and other aboveground facilities in locations where highway guide rail or curb exists shall comply with the permit and applicable provisions of PennDOT regulations, Design Manual, Parts 2 and 5.
(b)
Installation of poles, guys and other aboveground facilities within limited access right-of-way shall comply with applicable provision of the Federal Highway Program Manual - Volume 6, Chapter 6, Section 3; the American Society of State Highway and Transportation Officials (AASHTO) policy of the accommodation of utilities on freeways; and PennDOT regulations, Design Manual, Part 5.
(3)
Location of wires, cables or conductors. A wire, cable or conductor which overhangs a portion of the right-of-way shall be placed to provide a minimum vertical clearance of 18 feet over the pavement and shoulder, except where the National Electrical Safety Code requires vertical clearances in excess of 18 feet due to voltage or span lengths.
(5)
Identification of poles. A pole shall bear the name or initials of the facility owner and the pole numbers assigned by the facility owner.
(6)
Seismograph-vibriosis method. Seismograph-vibriosis method shall comply with the following:
(a)
Seismograph operations by other than vibriosis method will not be permitted.
(b)
A percent will not be issued to authorize seismograph operations within limited access highway right-of-way.
(c)
Wherever possible, seismograph operations shall be performed entirely off the pavement and shoulder to lessen interference to traffic.
(7)
Modular concrete replacement units, metal reinforcing collars and similar devices.
(a)
Modular concrete replacement units, metal reinforcing collars and similar devices may not be placed in Borough right-of-way unless located:
[1]
Thirty feet or more beyond the edge of pavement under PennDOT regulations, Design Manual, Part 2, Chapter 12.
[2]
At the top of a slope (2:1 or greater) or at least eight feet beyond the toe of the slope.
[3]
Beyond parallel drainage ditches.
[4]
Beyond the specified deflection distance for the type guide rail in front of the location, under PennDOT regulations, Design Manual, Part 2.
(b)
No permit will be issued for the placement of a new facility, or for the repair, modification, reinforcement or replacement of an existing facility, by modular concrete replacement units, metal reinforcing collars or similar devices unless the facility is located in compliance with Subsection O(7)(a).
P.
Bridge occupancy. License required. No person may attach a utility facility to Borough bridge or modify an existing facility until the owner of the utility facility has obtained a permit from the Borough.
Q.
Penalties and enforcement.
(1)
General rule. Violation of this article or the permit requirements constitutes ground for imposition of the following penalties:
(a)
Upon receipt of oral or written notice of violations from the authorized representative of the Borough or a Borough police officer, the permittee shall cease to perform any further work in the permitted area except to restore the area to a safe condition. No further work may commence in the permitted area until the violations have been remedied. Where the permittee has received oral notice of the violations, written notice shall be sent to the permittee within 10 days of receipt of the oral notice.
(b)
Confiscation of the applicant's permit by any police officer or authorized representative of the Borough.
(c)
Revocation of the applicant's permit or emergency permit card by the Borough.
(d)
Removal of facilities installed without a permit or in violation of the provisions of this article.
(e)
Fines, imprisonment or other penalties as are provided by statute.
(f)
Other action as may be deemed necessary or proper after consultation with the Borough Solicitor.
(g)
Other conditions which may be specified on a Borough citation.
(2)
Additional grounds for revocation shall be as follows:
(a)
The Borough may revoke a permit whenever it determines that the permitted facility is not being maintained, is in violation of a condition of the permit or this article, constitutes a hazard to traffic or interferes with the proper use of the highway by the Borough or the public.
(b)
The Borough may revoke a permit for nonpayment for a fee authorized by the schedule of fees. The schedule of fees will be established by Borough resolution, including default of a check submitted for payment.
(3)
Modification of conditions.
(a)
General rule. When a term or condition of this article cannot be met, an applicant may request, in writing, that the Borough modify that term or condition if it is not required by law, under the following:
[1]
The applicant has done all that can reasonably be done to comply with the term or condition.
[2]
The proposed modification satisfies the intent of the term or condition to be modified.
[3]
The proposed modification represents the minimum feasible deviation from the term or condition to be modified.
[4]
The reason for the requested modification is in feasibility of meeting the exact terms or conditions of this article rather than mere economic benefit to the applicant.
(b)
Modification granted. If a requested modification is granted, the permit will specify the allowable modification. A permit issued under authority of this section shall be signed only the Borough Manager or his/her designee. The granting of a modification will be predicated on the applicant's complying with the following:
[1]
Unless the applicant is excused in writing, executing a hold harmless and indemnity agreement acceptable to the Borough.
[2]
Unless the applicant is excused in writing, obtaining bonds satisfactory to the Borough to guarantee highway restoration and maintenance costs.
[3]
Unless the applicant is excused in writing, obtaining public liability insurance for personal injury and property damage on behalf of the Borough, its officers, agents and employees, in a form and amount acceptable to the Borough for the life of the facility.
[4]
Permit conditions, which may include use restrictions, special traffic control devices or safety features.
R.
Street grading. All streets shall be graded the full width of the right-of-way to the grades shown on the street profile and cross-section plan submitted and approved with the preliminary plan. They shall be inspected and checked for accuracy by the Borough Engineer or the Borough representative. Typical recommended sections are attached hereto.
S.
Paving and curbing. The pavement and curbing for all streets and all commercial and industrial parking areas and driveways into and out of said parking areas shall be installed as shown on the preliminary plan, and in accordance with the following:
(1)
Pavement construction.
(a)
Rural and residential roads and commercial, industrial and multifamily parking areas and driveways. All paved rural and residential cartway areas and commercial, industrial and multifamily parking area and driveways covered by these regulations shall have a thickness of not less than 9 1/2 inches, which shall consist of three inches modified stone subbase, five inches bituminous concrete base course and 1 1/2 inches ID-2 wearing course conforming to the current specifications of the PennDOT regulations.
(b)
Major and secondary roadways. All major and secondary roadways covered by these regulations shall have a thickness of not less than 16 inches, the subbase of which shall consist of six inches of compacted 2A modified stone, a base course of seven inches of bituminous concrete base course, a 1 1/2 inch ID-2 binder course and 1 1/2 inch ID-2 wearing course, or approved equivalent, conforming to the current specifications of the PennDOT regulations.
T.
Excavation. Prior to any excavation, the pavement shall be cut vertically and to a straight line, preferably with a pavement saw, equal to the width of the trench. The trench shall be as narrow as possible to provide adequate working space, but shall not exceed the outside diameter of the barrel of the pipe plus 16 inches. Side walls of the trench shall be as nearly vertical as possible.
U.
Blasting.
(1)
Must be in accordance with PennDOT regulations, Form 408.
(2)
If blasting is necessary the Borough may require a full-time inspector. The expense of that inspector shall be reimbursed back to the Borough by the developer or contractor.
(3)
If roadway is raised or damaged the Borough will require those sections to be repaired to Borough standards.
(4)
If blasting is required the Borough will require the contractor and/or developer to post bonding for the protection of the roadways.
(5)
If 50% or more of a roadway is damaged the Borough will require base restoration and on overlay of the entire roadway.
(6)
No predrilling or blasting may be performed within the right-of-way unless authorized by a permit and until the permittee provides insurance for property damage and public liability.
(7)
The blaster's license number shall be furnished upon request.
(8)
No blasting will be permitted within 50 feet of the nearest part of a bridge, box or culvert.
(9)
The permittee's obligation for restoration of the highway shall include failure of the highway occasioned by blasting.
V.
Backfilling.
(1)
Backfill material.
(a)
Existing improved rights-of-way. Within the right-of-way must be 2A modified or equivalent, full depth and compacted, in accordance with § 592-14N(2)(i).
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
(b)
Proposed new construction of roadways. Within the right-of-way, must be 2A modified or equivalent, full depth and compacted in accordance with § 592-14N(2)(i).
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
(2)
As an alternative, the Borough will accept suitable material, as defined by PennDOT regulations, Form 408 to be used as backfill in new road construction only with the following conditions: If 2A modified stone is not used, the construction and the backfill will be subject to full-time inspection by the Borough Inspector as well as full-time soil compaction tests by an independent soil scientist all at the expense of the owner/developer/contractor. In addition, no dedication of the roadway will be accepted prior to four years from the date of completion of the base paving. At the time of dedication, developer/owner/contractor must provide a three year maintenance bond.
W.
Pavement replacement. Prior to placement of the subbase and pavement, the existing pavement and base course shall be cut back 12 inches from the edge of the trench. The cut shall be vertical and to a straight line. Streets with asphalt pavement surfaces shall be cut with a pavement saw.
(1)
Transverse trenches.
(a)
The permanent pavement replacement on all transverse trenches (trenches crossing the normal direction of traffic) shall consist of a five inch thick bituminous concrete base course, a two inch ID-2 binder course and a 1 1/2 inch thick ID-2 bituminous wearing course, all in accordance with PennDOT regulations, Publication 408.
(b)
After the BCBC has cooled and set up, and immediately prior to replacement of the surface course, the vertical surfaces of the existing pavement and the surface of the base course shall be sprayed or painted with a tack coat of type No. 1 emulsified asphalt. Application shall be in accordance with PennDOT regulations, Section 460.3, Form 408.
(c)
The surface course shall be properly placed and compacted with a 10 ton roller even with the existing road surface.
(d)
The joint between the new paving and the existing paving shall be sealed with an application of Class BM-1 petroleum asphalt.
(2)
Longitudinal trenches. The permanent pavement replacement on all longitudinal trenches (trenches parallel to the normal direction of traffic) shall consist of a five inch thick bituminous concrete base course, a two inch ID-2 binder course, and a one-and-one-half-inch-thick ID-2 bituminous wearing course, all in accordance with PennDOT regulations, Publication 408. All other requirements shall be as specified for transverse trenches.
X.
Road restoration. If a utility project (installation) is being done in conjunction with a road reconstruction project, the Sewer Authority and the Borough Engineer shall coordinate the restoration work.