[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.
APPLICANT
BOROUGH
EXCAVATION
LEMOYNE
PERSON
STREET
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:
The person applying for a permit. If a permit is granted,
"applicant" also includes the person to whom the permit is issued.
The Borough of Lemoyne.
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."
The Borough of Lemoyne.
Any natural person, partnership, firm, association, corporation,
municipal authority or other entity.
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.
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:
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.
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NOTES:
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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.
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Preclude subsidence by compacting aggregates in accordance with
Publication 408, Section 601(e)
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Width:
| |||
|
W
|
=
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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.
