[Ord. 7, 8/14/1972, § 1]
In this Part, the following words shall have the meanings hereby
respectively ascribed thereto, unless the context hereof clearly indicates
a different meaning:
Any natural person, partnership, association, firm or corporation;
The roadway but not the sidewalk or sidewalk area of any
public street, road or alley in the Borough of Hughesville, other
than a state highway, to which this Part shall not apply.
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In this Part, the singular shall include the plural, the plural
shall include the singular, and the masculine shall include the feminine
and the neuter.
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[Ord. 7, 8/14/1972, § 2; as amended by Ord. No.
3-2016, 5/23/2016]
1.
No person shall open or excavate in any street in the Borough of
Hughesville without first having obtained a permit therefor from the
Borough and paying a permit fee as set from time to time by the Borough
Council by resolution. No permit shall be granted to open or excavate
a street that has been paved within two years of the permit application.
Exceptions to this two-year moratorium may be permitted by the Borough
for emergencies as determined by the Borough.
2.
The permit must contain a drawing showing the exact location of the
street excavation. No new utility line may be placed within five feet
of an existing utility line without the prior written permission of
the owner of the existing utility line. The written permission must
be submitted with the permit application. In addition to the permit
fee, the applicant shall pay to the Borough a degradation fee as set
from time to time by the Borough Council by resolution. Such degradation
fee shall be used by the Borough toward the repair and upkeep of roads
within the Borough.
[Ord. 7, 8/14/1972, § 3]
Every permit issued under this Part shall state the location
and the estimated square yardage of surface proposed to be opened
under such permit, shall state the time for which such permit shall
be valid, and shall require that the permit holder, on or before the
date of expiration of the permit, shall refill such opening or excavation
in readiness for resurfacing by the Borough.
[Ord. No. 3-2016, 5/23/2016[1]]
1.
Every person excavating or disturbing the surface of any street,
lane, alley or thoroughfare of the Borough, for any purpose whatsoever,
is responsible for taking all proper necessary precautions for the
work, including but not limited to placing good and sufficient guards
by day about such excavation or work site, including flagmen where
the flow of traffic would be restricted while work is being performed
and a warning light or signal visible from 300 feet at night, from
sunset until sunrise, at each end of such excavation and at every
intersection of such excavation with any street, lane, alley, sidewalk
or other thoroughfare and at sufficient close intervals elsewhere
to give effectual notice of such excavation. The issuance of a permit
under the terms of this Part shall not operate to release the holder
thereof from any liability for damage on account of any negligence
upon the part of the holder of the permit or any employee thereof,
in or about any excavation authorized by such permit.
2.
The permit holder must notify the Borough on the day work shall begin
under the permit. The Borough must be notified prior to the work being
started. The permit holder must also notify the Borough prior to closing
the street opening. The permit holder will provide this notice during
the Borough's business hours and at least two hours prior to
closing of a street opening. The Borough shall be immediately notified
if any utility is hit during the opening. Except in emergency situations,
an opening shall not be closed when a utility has been hit until the
utility owner has had the opportunity to inspect the area hit by the
permit holder.
[1]
Editor's Note: Former § 4, Prohibited Acts
(Ord. 7, 8/14/1972, § 4), was deleted pursuant to this ordinance.
[Ord. No. 3-2016, 5/23/2016[1]]
1.
All streets, lanes, alleys or other thoroughfares or the Borough
excavated or disturbed for the purpose of laying, relaying, taking
up or repairing any gas, water, sewer, TV, electric, phone or other
utility lines, cables or conduits or for the making of any test holes
shall be immediately repaired and restored and kept in repair for
one year from the time work is finished on such excavation or other
work according to the following terms:
A.
In making any excavations authorized by any permit issued under this
Part, the material removed shall be hauled off site to an appropriate
disposal site. The materials intended to be covered by this section
include: 1) new paving materials; 2) new concrete foundation; 3) cinders;
4) sand; and 5) other materials.
B.
Refilling.
(1)
In refilling excavations on paved streets or other paved thoroughfares,
before the pavement is replaced, six inches of pavement and foundation
shall be broken down on all sides of the trench or opening made in
such pavement after the excavation has been properly refilled. In
replacing the foundation for the pavement to be relaid, stone dust
or #8 stone will be used to cover the line or cable in the trench
to a depth of eight inches above the line or cable. The opening will
then be filled to within six inches of the finished grade with 2A
modified crushed stone. The remaining six inches shall be four inches
of 25 or 19 mm and two inches of 9.5 mm wearing course. The top coat
will be a hot application (during periods of ambient temperatures
above 40° F.) of 9.5 mm material with a minimum of two inches
depth or a cold patch (during periods of ambient temperatures below
40° F.) of the same. This must be level with the street surface.
(2)
In refilling, the soil and each eight-inch layer or stone shall be
tamped with regular tamping bars and filled to grade by the holder
of the permit. Compaction levels of 95% or higher must be reached
in all filled material. All such refilling is subject to inspection
by the Borough of Hughesville or its designated representative.
C.
Disturbed
portions of the highway, including, but not limited to, slopes and
appurtenances and structures such as guide rails, curbs, signs, markings,
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 conditions
may also be required, upon written notification to restore the structural
integrity of the pavement or shoulder.
D.
If the
permittee opens pavement having a bituminous concrete surface and
the wearing course is less than five years old, the permittee shall,
in addition to the restoration condition outlined in the permit and
in this section, overlay the pavement in accordance with the following
conditions:
(1)
When
a longitudinal opening longer than 50 linear feet has been made in
the pavement, the permittee shall overlay the traffic lanes in which
the opening was made for the entire length of highway that was opened,
in a manner authorized by the Borough.
(2)
When
two or more transverse openings have been made within 100 linear feet
of pavement, the permittee shall overlay traffic lanes in which the
openings were made, for the entire length or highway between the openings,
in a manner authorized by the Borough.
(3)
When
four or more emergency openings have been made by the same permittee
within 100 linear feet of pavement, the permittee shall overlay traffic
lanes in which the openings were made, for the entire length of highway
between the openings, in a manner authorized by the Borough.
(4)
If
disturbed lanes adjacent to undisturbed lanes are overlaid, the edge
of the disturbed lane shall be saw cut or milled to a depth of 1 1/2
inch or the depth of the existing surface course, whichever is less,
for the length of the opening to insure a smooth joint, with proper
elevation and cross section. A full width overlay may be authorized
on various highways instead of saw cutting or milling the disturbed
lane.
(5)
If
disturbed lanes adjacent to shoulders are overlaid, the shoulder shall
be raised, with material and in a manner authorized by the Borough
for the type of existing shoulder, so that the overlaid pavement and
shoulder edges are at the same elevation.
E.
Regardless
of the age of the wearing course:
(1)
If
more than 100 linear feet of longitudinal or transverse openings,
or both, are made in the pavement, the Borough may require the permittee
to overlay traffic lanes in which the openings were made, for the
entire length of highway that was opened, if the Borough determines
that the rideability or structural integrity of the pavement have
been impaired by the openings.
(2)
If
four or more openings are made by the same permittee within 100 linear
feet of pavement, the Borough may require the permittee to restore
the entire disturbed pavement between the openings by milling, planing
or other authorized method and overlaying the entire disturbed pavement.
G.
If an opening
is made in a bituminous concrete pavement within three feet from the
edge of pavement or other longitudinal joint or opening, the surface
restoration shall be extended to the edge of pavement or other longitudinal
joint or opening.
H.
At each
end of an overlay, the permittee shall install a paving notch, under
PennDOT Roadway Construction Standard RC-28, by milling, planing or
other authorized method and provide a minimum ten-foot transition.
I.
The transition
areas as each end of an overlay shall follow the contour of the surrounding
surface.
J.
When pavement
markings on more than 100 linear feet of highway are covered or destroyed
by the permitted work, including overlays, they shall be replaced
with temporary pavement markings, under § 203.72 (PennDOT)
(relating to temporary pavement markings)[2] 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.
[2]
Editor's Note: Refers to 67 Pa. Code § 203.72, which
was reserved 2-4-2006.
K.
In the
case of any test holes that are made pursuant to this Part, upon completion
if said test, all holes shall be filled with sand, with the last four
inches to be filled with a rubber-type sealer.
L.
After such
repairs or repaving are completed upon any improved street, lane,
alley or other thoroughfare of the Borough, a mark of identification
shall be placed at the edge of the repaired surface closest the edge
of the improved surface. This identification mark shall consist of
the date on which the repairs or repaving are completed marked by
paint of a durable wearing quality, which shall be color coded as
follows: blue (water), yellow (gas), red (electric), white (telephone)
and green (sewer).
M.
The person,
firm, corporation or other entity responsible for making such excavation
or test holes will be responsible for making the proper restoration
to the surface of any street, lane, alley or other thoroughfare according
to this Part and shall be responsible to pay the costs and expenses
for all said work, including the costs of all materials and the costs
of any inspections deemed necessary under this Part.
N.
Excavations
made between April 1 and October 31 must be permanently restored within
60 days from the date excavation was first made, but at no time later
than when the asphalt plants close for the season.
O.
Excavations
made between November 1 and March 31 must be permanently restored
within 60 days of March 31.
[1]
Editor's Note: Former § 5, Penalty for Violation
(Ord. 7, 8/14/1972, § 5), was deleted pursuant to this ordinance.
See now § 6, Penalties for Violations.
[Ord. No. 3-2016, 5/23/2016]
1.
Any person who refuses or fails to comply with the terms and conditions
of this Part, upon conviction thereof in an action brought before
a Magisterial District Judge in the manner provided for the enforcement
of summary offenses under the Pennsylvania Rules of Criminal Procedure,
shall be sentenced to pay a fine of not more than $1,000 plus costs
and, in default of payment of said fine and costs, to a term of imprisonment
not to exceed 90 days. Each day that a violation of this Part continues,
or each section of this Part which shall be found to have been violated,
shall constitute a separate offense.
2.
The Borough of Hughesville may refuse to grant a permit or revoke
a previously issued permit to any person that did not comply with
all the terms and conditions of this Part for any current or past
excavations or test holes, until such person satisfactorily brings
into compliance with this Part any and all current or past excavations
or test holes.
