[Ord. No. 724, 2/6/2012]
1. 
The following words and terms, when used in this Part, have the following meanings, unless the context clearly indicates otherwise.
ACKNOWLEDGMENT OF COMPLETION
The date on which the Borough records that permitted work appears to be completed under the permit.
ADJACENT AREA
The area surrounding the immediate area of the permitted work which can reasonably be assumed to have been affected by the permitted work.
BACKFILL
Material used to replace or the act of replacing material removed during construction.
BASE COURSE
The layer or layers of specified or selected material or designed thickness placed on a subbase or a subgrade to support a surface course.
BOROUGH
Borough of McDonald.
BRIDGE
A structure, including supports, erected over a depression or an obstruction, such as water, a street or a railway, which has a track or passageway for carrying traffic or other moving loads and having an opening measured along the center of the pavement of more than 20 feet between supports.
CENTRAL PERMIT OFFICE
The office which administers this Part, the McDonald Borough Public Works Department, located at 398 O'Hara Street, McDonald, PA 15057.
CLEAR ZONE
The portion of right-of-way beyond the pavement edge.
CULVERT
A structure under the pavement with an opening of 20 feet or less measured along the center of the pavement.
DEPARTMENT
The Borough of McDonald or its representative.
DETOUR
To send traffic by a circuitous route around a portion of a street that has been closed.
EMERGENCY
An unforeseen occurrence or combination of circumstances which calls for immediate action or remedy.
EMERGENCY PERMIT CARD
Borough form used relating to emergency work.
EMERGENCY REPAIR
Repair to a utility facility undertaken to repair damage resulting from a vehicle accident or collision with the facility, a failed component or storm damage. The term does not include service connections or disconnections unrelated to vehicle accident, a failed component, or storm damage.
ENGINEER
Borough of McDonald Engineer.
EQUIPMENT
Machinery and equipment, together with the necessary supplies for upkeep and maintenance, and tools and apparatus necessary for the proper construction and completion of the work.
FLEXIBLE BASE PAVEMENT
A pavement structure which maintains intimate contact with and distributes loads to the subgrade and depends on aggregate interlock, particle friction and cohesion for stability.
GROUT
A mixture of cement, water and sand.
IMPROVED AREA
The area within the rights-of-way which has been constructed for street purposes, including roadbed, pavement, shoulders, slopes, sidewalks, drainage facilities and other appurtenances.
INSPECTOR
The Borough's authorized representative assigned to inspect permit operations.
PAVEMENT
The combination of subbase, base course and surface course placed on a subgrade to support the traffic load or distribute it to the roadbed, or both. The term normally includes the traveled portion of the street and extends to the face of the curb in a curbed section. The term does not include shoulders.
PERMIT
A. 
A street occupancy permit form issued by McDonald Public Works Department under this Part.
B. 
An authorization to occupy a street right-of-way when utility facility relocation is required by a street construction project granted either by written agreement or by a street occupancy permit.
PERSON
A natural person, firm, copartnership, association, corporation, or authority.
PLANS
Drawings which show the location, character and dimensions of the proposed occupancy and related street features, including layouts, profiles, cross sections and other details.
PLOWING
Direct burial of a utility line by means of a plow-type mechanism which breaks the ground, places the utility line and closes the break in the ground in a single operation.
PUBLICATION 408
A Pennsylvania Department of Transportation publication containing the street construction specifications, as supplemented.
RIGHT-OF-WAY
The area which has been acquired by the Borough for street purposes.
RIGID BASE PAVEMENT
A pavement structure which distributes loads to the subgrade having as one course a portland cement concrete slab of relatively high bending resistance.
ROADBED
The graded portion of a street within top and side slopes, prepared as a foundation for the pavement and shoulder.
SEAL COAT
A thin treatment consisting of bituminous or other approved material, usually with cover aggregate, applied to a surface course.
SELECT GRANULAR MATERIAL or 2 RC
A material meeting specifications in § 703.3 of Department of Transportation Publication 408.
SHOULDER
The existing improved or graded portion of the street, contiguous to the traffic lanes, for accommodation of stopped vehicles, for emergency use, or for lateral support of base and surface courses of pavements.
STREET
Any public street, alley or other thoroughfare located in the Borough of McDonald, and established for the use of vehicles and pedestrians.
SUBBASE
The layers of specified or selected material of designed thickness placed on a subgrade to support a base course.
SUBGRADE
The top surface of a roadbed upon which the pavement structure and shoulders, including curbs, are constructed.
SUITABLE MATERIAL
Soil, granular material or shale meeting specifications in § 206.2 of Publication 408.
SUPPLEMENT
An amendment to a street occupancy permit.
SURFACE COURSE
One or more layers of a pavement structure designed to accommodate the traffic load, the top layer of which resists skidding, traffic abrasion, and the disintegrating effects of climate. The top layer is sometimes called the "wearing course."
TACK COAT
An application of bituminous material to an existing surface to provide bond with a superimposed course.
TEST HOLE
An exploratory opening of less than 100 square inches.
UTILITY
A person owning a utility facility, including any wholly owned or controlled subsidiary.
UTILITY FACILITY or FACILITY
Privately, publicly or cooperatively owned lines, facilities and systems for producing, transmitting or distributing communications, power, electricity, light, heat, gas, oil, crude products, coal, water, steam, waste, stormwater not connected to the Borough drainage facilities, and other similar commodities, including fire and police signal systems and streetlighting systems, which directly or indirectly serve the public or any part thereof.
VEHICLE
Every device which is or may be moved or drawn upon a street.
[Ord. No. 724, 2/6/2012]
It is in the public interest to regulate the location and construction of facilities and other structures within McDonald Borough streets and rights-of-way for the purpose of insuring the structural integrity of the street, economy of maintenance, preservation of proper drainage and safe and convenient passage of traffic. Nothing contained herein is intended to relax existing safety requirements under local, state and/or federal law.
[Ord. No. 724, 2/6/2012]
1. 
It shall be unlawful except as provided in Subsection 1A through C that 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 McDonald Borough.
A. 
A permit application is not required for modifying parts of existing permitted facilities, such as cable within conduit, cross arms or transformers on poles, or manhole riser rings, prior to roadway resurfacing, if no surface opening is required.
B. 
Permit applications are not required for stringing overhead utility lines.
C. 
Permit applications are not required for accessing an existing utility facility through a manhole.
D. 
All applications shall be submitted in the name of, and executed by, the owner or a legal representative in case of a corporation. An application may not be submitted in the name of contractors of the owner or operator.
E. 
An applicant under this Part shall provide satisfactory evidence to the Borough of ability to completely discharge construction, maintenance and financial duties imposed by this Part. An applicant shall provide satisfactory evidence that the proposed application 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:
(1) 
Executing indemnity agreements satisfactory to the Borough.
(2) 
Obtaining insurance in a form and amount acceptable to the Borough.
(3) 
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 two years after the acknowledged completion of the permitted work.
(4) 
Depositing sufficient currency in an escrow account acceptable to the Borough to fully secure the obligations in Subsection 1E(3) as an alternative to the obtaining of the surety bonds.
(5) 
The use of bonded contractors as well as consultants and engineers having professional liability insurance.
(6) 
An applicant shall submit a detailed traffic control plan for permitted work.
(7) 
The permit is nontransferable.
[Ord. No. 724, 2/6/2012]
A permit application shall be submitted to the Borough of McDonald, 151 School Street, McDonald, PA 15057, during normal working hours. The permit application shall be submitted at least 30 days prior to the anticipated start of work.
[Ord. No. 724, 2/6/2012]
1. 
A permit application:
A. 
Shall be submitted in person or by mail on a properly completed Borough of McDonald street opening permit form.
B. 
Shall be signed by the applicant.
C. 
Shall include at least two sets of plans, detailing the location and pertinent horizontal and vertical dimensions of the opening, the proposed installation and related street features, including specific street location, center line, edges of pavement, outside edges of shoulders, curbing, street drainage structures and right-of-way lines.
D. 
Shall be accompanied by a check or money order, payable to the Borough of McDonald, in the appropriate amount, as set forth in the schedule of fees for street opening permits.
E. 
Shall identify consulting engineers performing work related to the application. The consulting engineer shall also sign the application.
2. 
Plans depicting occupancy of more than 200 feet of pavement or shoulder, or both, shall have a horizontal scale of one inch equal to 50 feet. Plans depicting other occupancy of the pavement or shoulder shall specify dimensions from the near edge of the pavement.
3. 
Plans depicting installation or replacements of a facility involving more than 100 feet of pavement or shoulder opening shall identify utilities 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 street cross-section features.
[Ord. No. 724, 2/6/2012]
1. 
A traffic control plan shall be submitted with the application in the following manner:
A. 
The applicant shall submit a traffic control plan for the Borough approval whenever it will be necessary to close a portion of a travel lane during active work in progress, or during hours of darkness without work in progress and/or whenever it will be necessary to completely close a street to perform the permitted work.
B. 
A traffic control plan shall clearly indicate how the work area and vehicular and pedestrian traffic will be protected, maintained and controlled. Two copies of a detailed drawing, showing actual site conditions and the necessary traffic control requirements for the specific project, shall be submitted.
[Ord. No. 724, 2/6/2012]
1. 
The applicant is responsible for the accuracy of the information submitted to the Borough, including the application, plans, drawings, reports and correspondence.
A. 
Penalty for Falsifying Application. Information provided in applications shall be accurate. Section 4904 of the Crimes Code[1] (relating to unsworn falsification to authorities) 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. 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.
[1]
Editor's Note: See 18 Pa.C.S.A. § 4904.
B. 
Debarred Persons. The Borough may debar a person, including permittees, consultants, contractors, and their employees, agents, successors and assigns, from placing a facility, working within any street or right-of-way under permit, directing work, or having involvement in a permit issued or an application submitted under this Part, for one or more of the following:
(1) 
Unsatisfactory past performance, as documented by records, reports or performance ratings.
(2) 
Failure to complete permitted work under the permit and this Part, as documented by records, reports or performance ratings.
(3) 
Bribing, attempting to bribe or giving gratuities to a Borough employee or a permit inspector.
[Ord. No. 724, 2/6/2012]
1. 
Application fees charged to defray costs incurred by the Borough in reviewing and processing the applications and plans, including the preliminary review of the site location identified in the application, whether or not a permit is issued and processed, shall be as follows:
A. 
Application fee: $55.
B. 
Supplement fee (each six-month time extension) (each submitted change): $25.
C. 
Emergency permit card (each card): $5.
D. 
General Permit Inspection Fees. General inspection fees charged to defray costs incurred by the Borough in spot inspections of permitted work or subsequent inspections after the permitted work has been completed and to monitor compliance with the permit and this Part shall be as follows:
(1) 
Surface Openings. This fee is calculated on the total linear feet of the opening being permitted within different areas of the right-of-way.
(a) 
Total linear feet of opening (each 100 feet increment or fraction thereof):
1) 
Opening in pavement: $55.
2) 
Opening outside pavement and shoulder: $20.
(b) 
If a longitudinal opening simultaneously occupies two or more street areas identified in Subsection 1D(1)(a), only the higher fee will be charged. Linear distances shall be measured to the nearest foot.
(2) 
Surface opening of less than 36 square feet, for example, service connections performed independently of underground facility installation, pipeline repairs (each opening):
(a) 
Opening in pavement: $40.
(b) 
Opening in shoulder: $25.
(c) 
Opening outside pavement and shoulder: $20.
(d) 
If an opening simultaneously occupies two or more street areas identified in Subsection 1D(2)(a) through (c), only the higher fee will be charged.
(3) 
Aboveground facilities (for example, poles, or guys or anchors if installed independently of poles):
(a) 
Up to 10 physically connected aboveground facilities (each continuous group): $30.
(b) 
Additional aboveground physically connected facilities (each pole with appurtenances): $4.
(4) 
Crossings (for example, overhead tipples, conveyors or pedestrian walkways, and undergrade subways or mines): $85.
(5) 
Exemptions. Permit application fees and general permit inspection fees are not required for or from the following:
(a) 
The commonwealth.
(b) 
The installation or maintenance of streetlighting at the request of the Borough.
(c) 
The replacement or renewal of utility facilities prior to a Borough maintenance project after notice from the Borough.
(d) 
The removal of poles and attached appurtenances.
(e) 
Facilities moved at the request of the Borough.
(6) 
Additional Application Fee. If the Borough anticipates that the cost of reviewing the required application information or inspecting the permitted work will exceed the application or inspection fees listed in this section by a significant amount, the following additional fees will be assessed:
(a) 
Additional Application Fee. The Borough will estimate the additional amount of salary, overhead and expenses and prepare a reimbursement agreement for execution by the applicant. Borough review of the permit application will commence on the effective date of the agreement.
(b) 
Additional Inspection Fees. If the Borough determines that the permitted work is of sufficient magnitude or importance to warrant assignment of one or more persons to inspect the permitted work on a more than spot-inspection basis, the permit will so indicate, and the permittee shall be charged for additional salary, overhead and expenses incurred by the Borough for inspection.
(c) 
Charge Calculation. The charges will be calculated either on an actual-cost basis or a standard-unit-cost basis.
(d) 
Invoices. The Borough will provide an itemized invoice for additional fees owed to the Borough.
(7) 
Refunds. The Borough will refund the general permit inspection fees on unused permits. To be eligible to receive a refund, the permittee shall deliver the request with the permittee's copy of the permit to the issuing officer on or before the permit expiration date.
(a) 
A refund processing fee of $25 shall be deducted from the general permit inspection fees.
(b) 
The permit application fee is not refundable.
(8) 
Miscellaneous Fees. The applicant shall pay for notary and recording costs if it is determined by the Borough that the permit shall be recorded in the county office of the Recorder of Deeds.
[Ord. No. 724, 2/6/2012]
1. 
General Rule. Upon approval of an application submitted under this Part, a permit will be issued by the appropriate office, subject to this Part 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. 
Permit Requiring Agreement/Security. If the 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 street for a period of at least two years after the acknowledged completion of the permitted work. If the security is executed by a company registered and authorized to do the business in the commonwealth, the following documents are acceptable forms of security:
A. 
An individual or blanket bond executed by the permittee and naming the Borough as obligee.
B. 
An irrevocable letter of credit signed by a bank officer and naming the Borough as sole beneficiary, to be honored on presentment.
C. 
An escrow account in a form acceptable to the Borough.
3. 
Permit Issued Only to Applicant. A permit will only be issued to the applicant as described in § 21-203 (relating to permit application procedure).
4. 
Permit Supplements. The permittee may request a supplement to the permit, in writing, to amend a permit condition, such as revising the traffic control plan or extending the permit expiration date. A permit is valid for a six-month period, or multiples thereof as specified on the permit, subject to the following conditions:
A. 
If the permittee has not completed authorized work by the completion date specified on the permit, an application shall be submitted requesting a time extension on the permit.
B. 
If approved, a supplement to the permit authorizing a new completion date will be issued by the Borough.
C. 
No extension of the permit will be authorized unless the permittee obtains an extension on the duration of a bond, insurance or other security required under this Part, which extension of the bond, insurance or other security corresponds with the permit time extension. The permittee shall provide evidence of the extension to the Borough.
D. 
No work may be performed on an expired permit until a time extension supplement or new permit is obtained.
E. 
No time extension supplement will be issued for a request received more than 30 days after the expiration of the permit. In that case, an application for a new permit may be submitted to the district office.
5. 
Work Completion Notification. When permitted work has been completed, the permittee shall notify, in writing, the Borough Office.
[Ord. No. 724, 2/6/2012]
1. 
General Rule. Emergency repairs involving the placing of facilities or opening of the surface within the right-of-way may be performed prior to obtaining a permit if the following procedure is adhered to:
A. 
Utility owners or operators may obtain emergency permit cards by submitting an application, on company stationery, to the Borough. The application shall be accompanied by a check or money order, in the amount specified in § 21-208 (relating to permit fees). The utility facility owner or operator shall promptly notify the Borough office by telephone when the necessity for an emergency repair occurs during the hours of 7:00 a.m. to 3:00 p.m., Monday through Friday. Emergency work occurring at other times shall be reported to the Borough office on the following workday.
B. 
Prior to opening the surface or placing utility facilities within right-of-way, the utility work crew shall enter the following information on the emergency permit card in legible handwriting, using indelible ink:
(1) 
Date emergency work is started.
(2) 
Time emergency work is started.
(3) 
Location of emergency work site.
(4) 
Description of emergency work.
C. 
The completed, original emergency permit card shall be located at the work site and shall be available for the inspection by any police officer or representative of the Borough. Reproduced copies of the original card shall not be valid.
D. 
A permit shall be applied for within 15 days to confirm and set forth, in detail, any work performed. The applicant shall then enter the application number on the emergency permit card.
E. 
Work performed under authority of an emergency permit card shall conform to this Part.
2. 
Use of Card. An emergency permit card shall be valid for one year or 25 emergency repairs, whichever occurs first.
A. 
Emergency permit cards may be obtained by submitting an application to the Borough office listing thereon the number of emergency permit cards desired.
B. 
The utility shall be responsible for assigning the proper emergency permit cards to its work crews.
C. 
An emergency permit card shall be returned to the Borough office within 15 days after either the 25th repair authorized by the card or one year from the card issuance date, whichever occurs first.
[Ord. No. 724, 2/6/2012]
1. 
The following conditions apply to permits issued under this Part:
A. 
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 a 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 Part, as long as the permittee's facilities authorized by the permit occupy the right-of-way.
(4) 
Responsibility for compliance with the terms of the permit may not be assigned or transferred by the permittee without first obtaining approval from the Borough. If a permit is assigned or transferred without first obtaining approval from the Borough, the assignment or transfer is void. The permit assigned or transferred also becomes void. A facility installed under the authority of the permit shall be subject to removal at the expense of the applicant to which the permit was issued or its assignees, or both.
(5) 
The permittee is liable to the Borough for failure to comply with the permit and this Part. 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.
B. 
Additional Restrictions. Work authorized by the permit is subject to:
(1) 
Applicable laws, rules and regulations, including but not limited to:
(a) 
The Act of October 26, 1972, concerning environmental control measures related to pollution and the preservation of public natural resources.
(b) 
The Act of December 10, 1974, concerning protection of the public health and safety by preventing excavation or demolition work from damaging underground utility facilities.
(c) 
The Clean Streams Law.[1]
[1]
Editor's Note: See 35 P.S. § 691.1 et seq.
(d) 
OSHA construction safety and health regulations.
(e) 
The Civil Rights Act of 1964.
(2) 
The rights of any person.
(3) 
The conditions, restrictions and provisions of the permit.
C. 
Work to Conform to Borough Standards. Work shall conform to the Borough standards, including the following:
(1) 
The work shall be done at a time and in a manner consistent with the safety of the public and conform to the requirements and standards of the Borough, including, but not limited to, Department of Transportation Publication 408.
(2) 
Street materials shall be obtained from the Department of Transportation approved sources, which are identified in the 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.
(3) 
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.
(4) 
If a dispute arises between the permittee and the Borough's inspector, the Borough inspector has the authority to suspend work until the question at issue may be referred to and decided by the Borough office.
(5) 
Work not specifically regulated by this Part shall be performed as authorized by the Borough.
D. 
Permittee Responsibilities. Permittee responsibilities include the following:
(1) 
The permittee shall pay the costs and expenses 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 costs, which the Borough deems necessary to incur, within 30 days after receipt of the Borough's invoice.
(2) 
In the event of failure or neglect by the permittee to perform and comply with the permit or this Part, 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 Secretary or his/her attorneys, or an attorney of a court of record, is authorized to appear for the permittee, and 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 facias for costs, without leave of court.
(3) 
At the end of a workday, an opening in the right-of-way shall be covered, backfilled or protected. 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.
(4) 
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 to conform with this section, 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.
(5) 
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 work is performed in compliance with the permit, this Part and Publication 408.
(6) 
The permittee shall notify the Borough at least three full work days prior to the start of work when the permit identifies that the permitted work will be inspected on a more than spot-inspection basis.
E. 
Altering Drainage Prohibited. Altering drainage shall be prohibited by the following conditions.
(1) 
Unless specifically authorized by the permit, the permittee may not:
(a) 
Alter the existing drainage pattern or the existing flow of drainage water.
(b) 
Direct additional drainage of surface water toward, onto, or into or in any way affecting the street right-of-way or street facilities.
(2) 
The permit does not authorize the permittee to direct, divert or otherwise drain surface waters over property of another property owner.
(a) 
The permit does not relieve the permittee from acquiring the consent, permission or other authorization from a property owner who may be adversely affected by drainage alterations.
(b) 
The permittee is responsible for damage caused to property owners as a result of work done under the permit.
(3) 
A permit will not be issued to authorize the discharge of water into the right-of-way unless the water is surface drainage.
F. 
Equipment Damaging Streets. A street shall be protected in accordance with the following:
(1) 
Work not specifically regulated by this Part shall be performed as authorized by the Borough.
(2) 
Permittee Responsibilities. Permittee responsibilities include 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 or equipment is used, 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 office.
(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.
G. 
Work Zone Traffic Control. Maintenance and protection of traffic shall be carried out by permittee under 75 Pa.C.S.A. 6123 (relating to erection of traffic-control devices while working), the approved traffic control plan and the applicable provisions of Ordinance 203 (relating to work zone traffic control).
H. 
Streets Under Construction. No permit application will be approved for occupancy of a section of right-of-way within which a street or reconstruction project is underway, or if a contract for such a project has been let, until the project is completed and accepted by the Borough, unless the application is accompanied by an attested certificate signed by the contractor or other authority constructing the project, consenting to the proposed work of the applicant within the right-of-way, together with a waiver, release and quitclaim to the Borough of damages and defenses for delays by reason of that work and occupation of the right-of-way by the permittee, or from a cause resulting by reason of that work and occupation. This subsection does not apply:
(1) 
To an Emergency. In an emergency, the permittee shall procure the consent of the Borough to do the work as deemed necessary to correct the existing emergency condition.
(2) 
If the permittee has been authorized by the Borough to relocate or adjust its facilities simultaneously with street construction.
I. 
Indemnification. Indemnification of the Borough for property and personal injury will be governed as follows:
(1) 
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 approval or consent of the permittee, including a failure of the permittee or a person to comply with the permit or this Part.
(2) 
The permittee shall have the Borough added as an additional insured to its or its contractor's insurance policy to secure the permittee's indemnification of the Borough for property damage and personal injury under this subsection. The coverage of the Borough as an additional insured shall be limited to the acts or omissions of the permittee or its contractor, as described in Subsection 1I(1). The amount of insurance shall be at least $250,000 per person and at least $1,000,000 per occurrence, or other statutory limitations on damages as the Borough Council may establish. The policy shall be of a duration satisfactory to the Borough.
(3) 
Upon request, the permittee shall deliver to the Borough office certificates of insurance evidencing that the coverage required under Subsection 1I(2) has been obtained. The Borough may accept a formalized plan of self-insurance as a substitute for the insurance described in this subsection.
J. 
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 Borough, in accordance with the following conditions:
(1) 
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.
(2) 
Upon request, the permittee shall deliver to the Borough office certificates of insurance evidencing that the insurance coverage required under Subsection 1J(1) has been obtained. The Borough may accept a formalized plan of self-insurance as a substitute for the insurance described in this subsection.
(3) 
The permittee's obligations to indemnify the Borough and obtain insurance to secure indemnification under Subsection 1I and its obligation to restore the streets and obtain a bond relating to restoration under Subsection 1M are separate obligations from obtaining insurance for the purposes required under this subsection. Obtaining insurance under this subsection does not relieve the permittee of its obligations under Subsection 1I and M.
K. 
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.
L. 
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 street damaged by a structure or facility. The permittee's obligation to repair or restore the street necessitated by a damaged structure or facility under this subsection is separate from the obligations to restore the street and obtain a bond relating to restoration and maintenance of the street. Compliance with Subsection 1M does not relieve the permittee of its obligations under this subsection.
M. 
Damage to Street. Responsibility of the permittee for restoration of the street includes the following:
(1) 
If there is a failure of the street, 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 street 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 street failure was caused by another person.
(2) 
In a situation where the permittee has the responsibility to restore the street, including slope or another appurtenance thereto, under Subsection 1M(1), 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 plus 10% within 30 days after receipt of the Borough's invoice.
(3) 
The obtaining of a bond, other security or an agreement described in § 21-209 to secure restoration costs does not relieve the permittee of the restoration obligations imposed by Subsection 1M(1) and (2), nor does it relieve the permittee of its obligations under Subsection 1I and J. 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 street in the permitted area occurring after the expiration of the bond, other security or agreement.
N. 
Future Street Changes. If in the future the street 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 street alterations or which are inconsistent with the purpose of the street alterations.
O. 
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 work was performed in accordance with the permit. Acknowledgement of completion by the Borough 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.
[Ord. No. 724, 2/6/2012]
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 of cuttings from the bore opening, if retrievable liquid is 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 Improved Area. Trenching across an improved area may be performed only when specifically authorized by 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 permit where drilling, boring, driving or tunneling are:
(1) 
Not feasible because:
(a) 
The subsurface is solid rock, as documented with satisfactory evidence such as drill records, or where boring was attempted without success.
(b) 
There are other facilities located longitudinally under the improved area and their location precludes methods other than trenching, as documented with a detailed plan.
(c) 
Adjacent development in a very congested urban area makes the construction of a tunneling or boring shaft impossible.
(2) 
Not required because of one of the following:
(a) 
The street is unpaved.
(b) 
The Borough's wearing course is older than 12 years, and the street average daily traffic (ADT) does not exceed 250.
C. 
When trenching is authorized by permit, the trenching operation shall be performed by one of the following methods:
(1) 
Utility facility placed in one piece across street.
(a) 
Traffic shall be routed over half 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 and 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 street.
(a) 
Traffic shall be routed over half 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 trench backfilled and restored in accordance with the provisions of this section.
D. 
The permittee shall protect its openings to provide for the safety of the traveling public, including motorists, bicyclists and pedestrians.
3. 
Openings Parallel to Street. Requirements for openings parallel to the street are as follows:
A. 
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 permit.
B. 
The top of a utility facility shall be installed at least three feet beneath the surface.
C. 
On an unpaved street, the near edge of the of the opening shall be at least 12 feet from the general center line of the traveled street, or as authorized in Subsection 3A.
D. 
No opening may be made for more than 200 linear feet at one time unless authorized by the permit.
E. 
The permittee shall protect its openings to provide for the safety of the traveling public, including motorists, bicyclists and pedestrians.
4. 
Daily Stoppage of Work Requirements. Daily stoppage of work requirements includes the following:
A. 
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 street on a particular day and as specified in the permit.
B. 
At the end of each workday, an opening in the right-of-way shall be one of the following:
(1) 
Covered with steel plates or bridging 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.
(2) 
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 under Ordinance 203 (relating to work zone traffic control) and an approved traffic control plan until the surface is restored to its former condition.
(3) 
Protected under Ordinance 203 and an approved traffic control plan, if the permittee has delivered certificates of insurance under § 21-211, General Conditions.
5. 
Disposition of Materials. The responsibility of the permittee for disposition of materials is as follows:
A. 
The permittee shall keep the improved area free of material which may be deposited by vehicles traveling upon or entering onto the street during the performance of work authorized by the permit.
B. 
The permittee is responsible for controlling dust conditions created by its own operations.
C. 
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.
D. 
Other material shall be stored under § 21-211 (relating to general requirements), and so that there will be no interference with the flow of street drainage.
E. 
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. Delivered material may not be stored overnight on the pavement.
F. 
The Borough may authorize the permittee to restore the pavement or shoulder from superficial damage with a seal coat or surface treatment.
6. 
Backfilling. An opening shall be backfilled by the permittee in accordance with the following:
A. 
The opening may first be backfilled with fine aggregate material, meeting the requirements of § 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. To protect the facility, the permittee is to place a permanent colored ribbon at least one foot above its facility.
B. 
The opening shall then be backfilled with select granular material or other coarse aggregate material meeting the requirements of § 703.2 of Publication 408 if specified in the permit. Select granular material or other aggregate material will be required for use as backfill of openings in pavements, paved shoulders and improved (for example, oil and chip) shoulders within four feet of the edge of pavement.
C. 
Backfill shall be compacted as follows:
(1) 
General Rule. Except as provided in Subsection 6C(2), backfill material shall be placed in loose layers not to exceed eight inches if vibratory compaction equipment is used or as authorized under Publication 408. Each layer shall be thoroughly compacted to preclude subsidence, under § 601.3(e) of Publication 408.
(2) 
Compaction Outside Pavement and Shoulders. At least 15 days prior to the start of work, the applicant may submit its written compaction plan to the Borough requesting backfill in an opening outside the pavement and shoulder to be placed in layers thicker than eight inches prior to compaction. The compaction plan shall include full details on equipment, materials and work methods as well as the permittee's acknowledgment of its obligation and commitment to regularly monitor the restored surface until two years after the acknowledged completion of the permitted work and to promptly correct failure or subsidence of the street. The Borough may condition its approval of a compaction plan on the execution of a bond under § 21-209, Issuance of Permits, if a part of the opening is within the improved area.
(3) 
Existing Pavement Elevation. Compaction shall be completed to the bottom elevation of the existing pavement.
D. 
The Borough may require the permittee to have material proposed for the 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.
E. 
Test holes shall be backfilled, as soon as safely possible, with existing type material, or other material authorized by the Borough, and sealed. The Borough may authorize test holes in the pavement or shoulder to be restored without a one-foot cutback of the surrounding surface.
7. 
Restoration of Flexible Base Pavements. 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, two feet 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 opening pavement having a neat straight vertical line.
A. 
Exposed vertical and horizontal surfaces shall be prepared under § 401.3 of Publication 408.
B. 
The base course shall consist of a binder course and shall consist of ID-2 material meeting the requirements of § 421 of Publication 408. The base course material shall have a minimum depth of six inches or a depth equal to the existing base course, whichever is greater.
C. 
The wearing course shall consist of ID-2 material meeting the requirements of section 420 of Publication 408 or FJ-I material meeting the requirements of section 422 of Publication 408. The wearing course shall have a minimum depth of two inches or a depth equal to the existing wearing course, whichever is greater.
8. 
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.
A. 
Prior to replacement of the pavement, two feet outside of each edge of the opening shall be sawed the full depth of the 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 four inches and cut the remaining pavement with a jackhammer weighing no more than 90 pounds, if:
(1) 
The restored opening does not exceed six feet in either length or width.
(2) 
The restored opening is at least two feet from a pavement edge or joint.
(3) 
The street average daily traffic (ADT) does not exceed 500.
B. 
The replacement pavement shall consist of high early strength concrete equal in depth to the original concrete pavement or to a depth of eight inches, whichever is greater.
C. 
On existing reinforced cement concrete pavements that are opened for more than six feet in either length or width, reinforcing steel, expansion tie bolts and load transfer devices shall be placed in accordance with Roadway Construction Standard RC-26 (relating to concrete pavement maintenance).
D. 
The permittee may be required to restore the structural integrity of damaged cement concrete pavement by:
(1) 
Replacing the opened pavement transversely the full lane width.
(2) 
Replacing the opened pavement longitudinally to a transverse joint or opening within six linear feet of the opening.
E. 
The surface shall be restored as follows:
(1) 
After surface corrections have been completed and before the concrete becomes nonplastic, the surface shall be given a textured finish that matches the existing adjacent surface. The surface shall be cured under § 501.3 of Publication 408.
(2) 
Restoration of the binder and wearing courses of a cement concrete pavement which has a bituminous surface shall be done under Subsection 7 (Restoration of Flexible Base Pavements).
9. 
Shoulder Restoration. Shoulder restoration shall be performed under this subsection and as specified in the permit.
A. 
Paved Shoulders. Paved shoulders shall be reconstructed and restored to a serviceable condition, of the same type as existed before the start of work, under §§ 651, 653, 654, 656, 657, and 658 of Publication 408.
B. 
Other Shoulders. Other shoulders shall be restored as follows:
(1) 
The surface shall be restored with at least four inches of select granular material, or as authorized by the Borough.
(2) 
If the length of the open shoulder exceeds 100 linear feet, the shoulder shall be graded, rolled and, unless excused, penetrated with bituminous material at a rate of 0.35 gallon per square yard and chipped to prevent tracking of oil onto the pavement.
C. 
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 street drainage.
10. 
Temporary Pavement Restoration. Temporary restoration of a pavement or paved shoulder may be required by the Borough prior to permanent restoration, under the following:
A. 
The base shall consist of compacted select granular material with a surface of three-inch bituminous material. If the existing pavement structure includes a course of subbase material, it shall be replaced to a depth equal to the existing course depth with material meeting the requirements of § 350.2 of Publication 408.
B. 
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 two months or as specified in the permit. It must be properly maintained.
11. 
Appurtenances to Underground Installations. Requirements relating to appurtenances to underground installations shall include:
A. 
The top of every manhole, valve box or other access to the facility shall be at the same elevation as the surface in which it is located.
B. 
The surface surrounding manhole covers located in paved shoulders shall be paved with six inches bituminous concrete base course a distance of at least three feet around the structure.
C. 
A manhole, including those cast in place, shall be constructed in compliance with current industry standards and § 713.2 of Publication 408.
12. 
Additional Restoration. Additional restoration shall be required as follows:
A. 
Disturbed portions of the street, 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. Additional restoration may also be required, upon written notification, to restore the structural integrity of the pavement or shoulder.
B. 
If the permittee opens pavement having a bituminous concrete surface and the Borough's wearing course is less 10 years old, the permittee shall, in addition to the restoration conditions outlined in the permit and this section, overlay the pavement in accordance with the following conditions:
(1) 
When a longitudinal opening longer than 100 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 the street that was opened, in a manner authorized by the Borough.
(2) 
When two or more transverse openings have been made within 40 linear feet of the pavement, the permittee shall overlay traffic lanes in which the openings were made, for the entire length of the street between the openings, in a manner authorized by the Borough.
(3) 
When three or more openings have been made by the same permittee within 100 feet of the pavement, the permittee shall overlay traffic lanes in which the openings were made, for the entire length of the street between the openings, in a manner authorized by the Borough.
(4) 
If disturbed lanes adjacent to undisturbed lanes are overlayed, the edge of the disturbed lane shall be saw cut or milled to a depth of two 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 streets instead of saw cutting or milling the disturbed lane.
(5) 
If disturbed lanes adjacent to shoulders are overlayed, 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.
C. 
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 the street that was opened, if the Borough determines that the rideability or structural integrity of the pavement has been impaired by the openings.
(2) 
If three 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.
D. 
If an opening is made in a bituminous concrete pavement within two feet from edge of pavement or other longitudinal joint or opening, the surface restoration shall be extended to the edge of the pavement or other longitudinal joint or opening.
13. 
Sealing. Restored openings in the pavement or paved shoulder shall be sealed under § 401.3 of Publication 408 in the case of bituminous concrete or § 501.3 of Publication 408 in the case of cement concrete.
[Ord. No. 724, 2/6/2012]
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.
A. 
Location of Aboveground Facilities. The location of an aboveground facility shall be as follows:
(1) 
New poles and other aboveground facilities shall be installed outside the street clear zone as near the right-of-way line as practicable.
(2) 
Replacement of poles and other aboveground facilities shall comply with the permit and applicable provisions of this Part.
B. 
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.
C. 
Guys. A guy shall be placed and insulated in the following manner:
(1) 
A guy shall be placed to avoid interference with vehicular or pedestrian traffic.
(2) 
A guy shall be insulated or grounded in compliance with the National Electrical Safety Code.
D. 
Identification of Poles. A pole shall bear the name or initials of the facility owner and the pole numbers assigned by the facility owner.
[Ord. No. 724, 2/6/2012]
1. 
General Rule. Violation of this Part or the permit requirements constitutes grounds 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 police officer whose jurisdiction includes the permitted work area, 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 or emergency permit card by any police officer or authorized representative of the Borough.
C. 
Revocation of 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 Part.
2. 
Any person, firm, permittee or corporation who shall violate any provision of this Part shall, upon conviction thereof, be sentenced to pay a fine of $600 per day per violation and, in default of payment, to imprisonment for a term not to exceed 60 days.
3. 
The Borough may revoke a permit for nonpayment of a fee or fees authorized in § 21-208 (relating to permit fees), including default of a check submitted for payment.
[Ord. No. 724, 2/6/2012]
1. 
General Rule. When a term or condition of this Part cannot be met, an applicant may request, in writing, that this Borough modify that term or condition if it is not to be required by law, under the following:
A. 
The applicant has done all that can reasonably be done to comply with the term or condition.
B. 
The proposed modification satisfies the intent of the term or condition to be modified.
C. 
The proposed modification represents the minimum feasible deviation from the term or condition to be modified.
D. 
The reason for the requested modification is infeasibility of meeting the exact terms or conditions of this Part rather than mere economic benefit to the applicant.
2. 
Modification Granted. If a requested modification is granted, the permit will specify the allowable modification. A permit issued under authority of this section shall only be signed by the Borough's Council President or Vice President.