[Adopted 6-7-1990 by Ord. No. 591 (Ch. 21, Part 1, of the 1984 Code of Ordinances)]
This article shall be referred to as "Lemoyne's Street Cut Ordinance."
A. 
The following words, when used in this article, shall have the meanings ascribed to them in this section, except in those instances where the context clearly indicates otherwise:
APPLICANT
The person applying for a permit. If a permit is granted, "applicant" also includes the person to whom the permit is issued.
BOROUGH
The Borough of Lemoyne.
EXCAVATION
Any activity within the right-of-way of any street which involves cutting, breaking, or disturbing the surface thereof. In this article, the term "opening" shall have the same meaning as "excavation."
LEMOYNE
The Borough of Lemoyne.
PERSON
Any natural person, partnership, firm, association, corporation, municipal authority or other entity.
STREET
Any public street, avenue, road, square, alley, highway and any other public place located in Lemoyne, established for the use of vehicles; but said term shall not include state highways. "Street" shall also include sidewalks and curbs within Lemoyne.
B. 
In this article, the singular shall include the plural and the masculine shall include the feminine and the neuter.
It shall be unlawful for any person to open or to make any excavation of any kind in any of Lemoyne's streets without first securing a permit therefor, as herein provided.
[Amended 8-5-2010 by Ord. No. 689]
A. 
Any person who desires to make an excavation in a Borough street shall complete and file, in triplicate, at the Borough's office a Borough-provided permit application which shall require the following information:
(1) 
Name, address and telephone number of applicant.
(2) 
Exact location of proposed excavation.
(3) 
Three copies of a sketch plan showing: dimensions and locations of the facility or intended facility; width of the street, including right-of-way lines, and distances to the nearest intersecting streets; and the approximate depth, width, and length of the excavation.
(4) 
Reason excavation is necessary.
(5) 
Date of commencement of the excavation and anticipated date of completion of all work.
(6) 
Name, address and telephone number of the person actually performing the excavation and other work at the site.
(7) 
Any other relevant information required by the Borough.
B. 
Permits shall not be issued until applicants have satisfied all permit application requirements, paid the permit fee required under § 472-7 herein, and posted sufficient financial security required under § 472-8 herein.
C. 
In addition to the above, the form shall contain the following statement, which must be made binding on the applicant: "Intending to be legally bound hereby, the undersigned agrees: (1) to comply with all provisions of Lemoyne's Street Cut Ordinance and all other applicable ordinances, laws, rules, regulations and orders; and (2) will save, defend and keep harmless Lemoyne, its elected officials, officers and employees, from and indemnify it against any and all actions, claims, demands, suits, payments, costs, and charges (including reasonable attorney and expert fees) for damages or injury to any property or person, through or in consequence of any act or omission of the undersigned, or the undersigned's agent, servant, contractor, engaged in, about or upon said work by or at the instance of the undersigned for from the failure of same to comply with the maintenance requirements of this article."
Permits will be issued only to those utilities which own and operate the facility after its installation. Permits will not be issued to any utility to install a facility or structure if the utility will not own and operate the facility or structure after its installation. Permits will not be issued to contractors or subcontractors of the utility nor to persons being serviced by the facility. Permits may be issued to a property owner for excavation involving a sanitary sewer. Lemoyne reserves the right to refuse to issue a permit if it determines that the excavation is not necessary for the health, welfare, and safety of its residents and users of its streets.
A permit is valid for a six-month period or longer if specified on the permit. If the permittee has not completed all authorized work by the completion date specified on the permit, an application shall be submitted requesting a time extension on the permit. If approved, upon payment of the appropriate fee, a supplemental permit will be issued by the Borough.
Before any permit shall be issued to excavate any street, applicant shall pay the required fee. The fee for the permit is $50 or as subsequently fixed by Borough resolutions. The fee for a supplemental permit is $25 or as subsequently fixed by Borough resolution.
Before any permit shall be issued to excavate any street, applicant shall give Lemoyne a bond with corporate surety acceptable to Lemoyne in an amount of at least $2,000 or such greater amount as Lemoyne may determine is necessary, conditioned that the applicant shall complete and maintain the work in accordance with the terms of this article and comply with all provisions of this article. In lieu of bond, Lemoyne may accept other security acceptable to it. Where a person anticipates repeated applications, the Borough may accept, in advance, a bond of such applicant in the amount determined by the officer to be held in connection with all applications of such applicant to be made during the current calendar year.
[Amended 8-5-2010 by Ord. No. 689]
A. 
Any person who shall excavate a Lemoyne street shall thoroughly and completely excavate and restore the excavation in such manner as to prevent any settling thereafter, and shall restore the surface to the same condition as it was before the excavation, all in accordance with the specifications set forth in the attached "construction requirements" which are incorporated herein by this reference and which may be amended from time to time by the Borough resolution. If within two years after the restoration defects shall appear therein, the applicant shall be liable for the cost of repairing said defect and for any injury or damages resulting therefrom. In the event of settlement creating a hazard to traffic or public safety, said applicant shall cause the same to be repaired within 24 hours after notice by the Borough to the applicant, said notice need not be in writing. In the event of the defect not constituting an immediate hazard, same shall be repaired within one week after notice by the Borough.
B. 
If the work in excavating, restoring or maintaining, shall not be promptly executed or shall be unskillfully, improperly or incompletely done, Lemoyne may cause the same to be done in a manner conforming to this article, and the expense thereof, including overhead expense, plus 25% shall be charged to the applicant. No permit shall be issued to any person in default of this section until that person pays the cost and penalties herein provided. No permit shall be granted to any person who, at the time of application, is not in full compliance with all provisions of this article.
C. 
Where macadam is to be disturbed, the excavation or opening shall be made by a clean cut using a diamond wheel or similar tool or instrument. Openings shall be saw-cut back 12 inches from the limit of the trench.
D. 
Trenching shall not be permitted across the improved area of a street unless specifically authorized by the permit. Trenching across the improved area of a street may be authorized by the permit where drilling, boring, and driving or tunneling is not feasible because:
(1) 
The subsurface is solid rock.
(2) 
There are other facilities located longitudinally under the improved area and their location precludes methods other than trenching.
(3) 
Adjacent development in a congested area makes the construction of a tunneling or boring shaft impracticable.
E. 
To protect the pavement and shoulders of the existing street surface, all equipment shall have rubber wheels or runners and shall have rubber, wood, or similar protective pads between the outriggers and the surface, unless otherwise authorized by permit. In the event that non-rubber equipped machinery is authorized for use under the permit, the pavement and shoulders shall be protected by use of matting, wood, or other suitable protective material having a minimum thickness of four inches, unless the permit requires the permittee to repave the full width of the street. If the equipment damages the pavement or shoulders of the street, the permittee shall restore the pavement or shoulders to their former condition, at permittee's expense.
F. 
All excavation restoration work shall be subject to inspection by the Borough. Upon completion of the excavation work, the permittee shall give written notice to the Borough. The Borough shall reserve the right to inspect the work, and when necessary enforce compliance with the conditions, restrictions, and regulations prescribed by the permit and this article. Approval of the work by the Borough or its inspector shall not constitute acknowledgment or acceptance that the work was actually performed in accordance with the permit or this article, nor shall such approval by the Borough or its inspector act as a release of the permittee or waiver by the Borough of its right to seek performance or restitution from the permittee, as permitted under this article.
[Added 8-5-2010 by Ord. No. 689]
A. 
As soon as work is completed at the excavation site, the permittee shall take immediate steps to temporarily restore the street surface. Cold or hot (superpave, ID-2, or other materials approved by Borough) mix shall be installed immediately after the work is completed within the street excavation. Cold or hot mix shall be compacted to a minimum thickness of two inches.
B. 
Temporary paving shall be maintained at all times in a condition satisfactory to the Borough. In the event temporary restoration must be repaired or replaced, the permittee shall cause the same to be repaired or replaced within twenty-four-hour notification by the Borough. If permittee fails to repair or replace temporary paving within 24 hours of being notified by the Borough, the Borough may repair or replace the temporary paving and the cost of said work, plus 25%, shall be assessed against the permittee, which shall be secured by the financial security posted by the permittee under § 472-27 herein.
C. 
Weather permitting, 30 days following substantial completion of the excavation work, the permittee shall cause permanent restoration of the excavation site be completed in accordance with the provisions set forth in this article. In the event permittee is unable to perform permanent restoration as required by this article within 30 days following substantial completion because of weather, for example because paving asphalt plants have ceased operations because of cold weather, then permittee shall perform permanent restoration as required by this article within 30 days of paving asphalt plants reopening.
A. 
All disturbed portions of a street, including all appurtenances and structures such as guardrails or drainpipes, shall be restored to a condition equal to that which existed before the start of any work authorized by permit.
B. 
If the applicant opens the pavement, whether to install a new facility or to modify any existing facility or for any reason, other than to perform emergency work, and the wearing course is less than five years old, the applicant shall, in addition to the required minimum restoration conditions, overly the pavement in accordance with the following conditions:
(1) 
When a longitudinal opening longer than 10 feet and wider than three feet is made in the payment, the applicant shall overlay the traffic lane(s) in which the opening was made for the entire length of the lane that was opened.
(2) 
When two or more transverse trench openings are made in the highway pavement less than 100 feet apart, the permittee shall overlay all traffic lanes in which the openings were made for the entire length of highway between such opening.
C. 
Regardless of the age of the wearing course, when both longitudinal and transverse trench openings are made in the pavement, the Borough may require the applicant to overlay all traffic lanes in which such openings were made for the entire length of highway that was opened, if the Borough determines that the structural integrity or the riding quality has been substantially impaired.
All work pursuant to the permit shall be done at applicant's expense. Applicant shall agree fully to indemnify and save harmless the Borough of and from all liability for damages or injury occurring to any person or persons or property through or in consequence of any act or omission of any contractor, agent, servant, employee or person engaged or employed in, about or upon said work by, at the instance or with the approval or consent of the applicant or from the failure of the applicant to comply with the provisions for maintenance as set forth herein.
[Amended 8-5-2010 by Ord. No. 689]
A. 
Maintenance and protection of traffic during road work shall be carried out in accordance with standards established by the Pennsylvania Department of Transportation (PennDOT), as set forth in PennDOT Publication No. 43 and Publication No. 90, as may be amended from time to time.
B. 
The permittee shall provide and maintain all necessary precautions to prevent injury or damage to persons and property in accordance with instructions furnished by PennDOT District Office. A travel control plan shall be submitted to and approved by the Borough before any traffic may be detoured.
C. 
Warning signs shall be placed in advance of commencing the street excavation and at distances and intervals as to be visible to the traveling public, and substantial barricades with adequate illumination shall be provided and maintained for any open trench or hole in the excavation site. Blinking lights and barricades shall be used for overnight protection of the work site.
D. 
The permittee shall designate and assign employees to direct one-lane traffic, when necessary. Flagmen shall be provided as specified in the permit and in accordance with Publication No. 43 and Publication No. 90.
In the case of any leak, explosion or other accident in any subsurface pipe, line, connection or apparatus, it shall be lawful for the person owning or responsible for such pipe, line, connection or apparatus, to commence an excavation to remedy such condition before securing a permit, provided that application for a permit shall be made not later than two business days thereafter and all other provisions of this article are fully complied with. If any such emergency condition shall not be immediately attended to by the owner or person responsible for such pipe, line, connection or apparatus, Lemoyne, after such notice as it shall deem necessary under the circumstances of the particular case, shall proceed to do the work required by such emergency or without bidding, cause same to be done. The expense thereof, including overhead expense, plus 25% shall be charged to such owner or person. The failure of the person responsible to do the necessary work is a violation of this article which is not cured by the Borough performing the work.
No one has the right to cut, remove or destroy trees or shrubbery within the legal right-of-way unless same is expressly noted on the permit. If such cutting, removing, or destroying trees or shrubberies is permitted, it must be done pursuant to the regulations and conditions imposed by Lemoyne at the time of issuance of the permit.
Lemoyne shall give timely notice of planned street improvements to all persons owning property abutting on any street within the Borough that is about to be paved or improved and to all public utility companies operating in the Borough. All such persons and utility companies shall make all water, gas, sewer, electrical, etc., connections, as well as any repairs thereto, which would necessitate excavation of the said street, within 60 days from the date of such notice, unless such time is extended in writing for cause shown by the Borough. Newly improved streets shall not be excavated for a period five years after the completion thereof, except in the case of an emergency determined to exist by Lemoyne. If any person seeks to excavate a street within five years after the completion of its paving or improvement for any reason other than an emergency as above stated, the application shall be approved and permit issued only after express approval of Lemoyne Borough Council, payment of a fee of $500 and said permit may contain those conditions deemed necessary by Lemoyne to preserve the quality of the street and its appearance.
It at any time in the future the roadway is widened, reconstructed or the alignment or grades are changed, applicant further agrees at its expense and cost to change or relocate all or any part of the structures covered by this permit which interfere with the improvement of the roadway at its own cost and expense.
No water, sewer, steam or gas main or electric, telephone or other utility lines shall hereafter be laid or constructed, and no such existing main or line shall be extended, in any of the streets of Lemoyne, until the plan therefor has been first filed with the Borough and such plan, and the exact location of such main or line, is approved by the Borough. Borough shall not approve the locating of any such main or line at a depth of less than 30 inches from the surface of the street unless the Borough shall be convinced that locating the same at a depth of more than 30 inches from the surface is impossible or impractical.
Payment for all work done by Lemoyne under the provisions hereby shall be made by the person made responsible under the provisions hereof within 30 days after an invoice is sent to such person by Lemoyne. Upon failure to pay such charges within such time, the same shall be collected by Lemoyne in an action in assumpsit or in any manner provided by law for the collection of municipal claims.
If the work by the applicant involves an opening of a section of curb or sidewalk, applicant shall replace and restore the entire section of curb and sidewalk.
A. 
Any violation of the article shall constitute grounds for doing of any or all of the following:
(1) 
Upon receipt of verbal or written notice of any violations from the Borough, the applicant shall cease to perform any further work in the permitted area except to restore the area to a safe condition. No further work shall commence in the permitted area until the violation(s) has been remedied unless the Borough gives the applicant written directions for the contrary. Where the applicant has received verbal notice of the violation(s), written notice shall be sent to the applicant within 10 days of receipt of the verbal notice.
(2) 
Confiscation of the applicant's permit.
(3) 
Revocation of the appellant's permit.
(4) 
Removal of facilities installed without a permit or in violation of this article.
(5) 
Such fines, imprisonment or other penalties as are provided by law.
(6) 
Such other action as may be deemed necessary or proper after consultation with the Borough Solicitor.
B. 
Any person violating any of the provisions of this article shall, upon conviction thereof before a Magisterial District Judge, be sentenced to pay a fine not exceeding $600, plus costs of prosecution, and in default thereof, to be imprisoned in the county jail for a term not exceeding 30 days.
A. 
Construction for street restoration shall be in conformance with the latest revisions of Publication 72, entitled "Roadway Construction Standards," and Publication 408, entitled "Roadway Specifications," published by the Pennsylvania Department of Transportation. In the event that the aforementioned publications do not apply, the construction shall be in accordance with requirements set forth by the Borough Engineer.
B. 
The Borough reserves the right to waive these requirements based upon the recommendations of the Borough Engineer.
472 Utility Cut Ins.tif
NOTES:
When any edge of the trench is located within two feet of an existing pavement joint, the remaining concrete pavement between the edge of trench and the joint shall be removed and replaced with 10 inches of high early strength concrete. Existing dowels shall be replaced in kind.
Preclude subsidence by compacting aggregates in accordance with Publication 408, Section 601(e)
Width:
W
=
2 feet plus widest dimension for forty-eight-inch facility and less.
W
=
2.5 feet plus widest dimension for forty-eight-inch facility or greater.
Facility to be centered in the trench.
C. 
Construction requirements. Generally, excavation shall be backfilled with a No. 2A modified stone to a height not to exceed one foot over the top of the facility and compacted in not more than four-inch layers. The opening shall then be backfilled with No. 2A modified stone and compacted throughout its full width in accordance with industry accepted vibrator compactions standards in layers not to exceed six inches. Backfilling shall be placed within 10 inches of the base of the pavement. The opening shall then be enlarged one foot on each side to a depth of 10 inches. An eight-inch layer of High Early Strength Concrete, whose composition conforms to PennDOT Form 408 (1976), § 704.1(g) shall be placed and protected from traffic for a least 24 hours. A two-inch layer of ID-2, conforming to the Lemoyne specifications, shall then be used to close the excavation or opening. A bead of asphalt cement shall be placed around the perimeter of the opening to seal the joint between new and old materials. Backfilling of tunnels shall be done in a manner designated by the Borough. The Borough may require that materials be tested to determine conformance with the above.