[Adopted 12-13-2018 by Ord. No. 3-2018]
A.
Authority. This article is enacted by the Council of the Borough
of Dalton under the authority of the Act of Legislature, February
1, 1966, P.L. (1965) as re-enacted and amended May 17, 2012, P.L.
262, No. 94, 53 P.S. § 43, known as the Borough Code and
any other applicable law arising under the laws of the Commonwealth
of Pennsylvania.
B.
Purpose. The purposes of this article are to:
(1)
Require permits for access to the right-of-way of Borough roads for
railways, driveways, private roads, electricity, telephone and cable
television poles and conduits, utilities (such as gas, water and sewer
lines), and similar encroachments and obstructions, and any other
structures; it being in the public interest to regulate:
(a)
The location and construction of utility facilities and other
such structures within the Borough's right-of-way; and
(b)
The location, design, construction, maintenance and drainage
of access driveways and private roads within the Borough's rights-of-way
to ensure the structural integrity of streets, economy of maintenance,
preservation of proper drainage, and safe and convenient passage of
traffic.
(2)
Authorize the Borough to remove or permit the removal from any Borough
right-of-way any grass, brush, shrub, tree or other vegetation deemed
to constitute a hazardous or dangerous condition to the use of the
road or those which impair the use or maintenance of the road.
(3)
Authorize the Borough to require the removal of any nuisance or obstruction
on any Borough road or associated drainage facility created by felling
trees, making fences, turning the road, diverting water onto the road,
filling or in any other manner.
(4)
Describe the specifications and requirements for restoration of any
Borough road or right-of-way following the installation or repair
of any railways, driveways, private roads, electricity, telephone
and cable television poles and conduits, utilities (such as gas, water
and sewer lines), and similar encroachments and obstructions, and
any other structures.
As used in this article, the following terms shall have the
meanings indicated:
Any person who submits an application for a permit.
Dalton Borough, Lackawanna County; and in cases where the
text of this article so implies, the Dalton Borough Council, its agents
or employees.
The entire right-of-way established for the use of vehicles,
including, but not limited to any public street, avenue, road, square,
alley, highway, or easement within the Borough's boundary limits,
excluding the designated curb and sidewalk area.
Monday through Friday, except designated holidays.
Soil cement, plain cement concrete or reinforced cement concrete
and material contained in the base course of some Borough roads.
Actual expenditures incurred by the Borough for labor, equipment
and materials, which includes overhead.
Any change in the road surface that alters the preexisting
conditions.
A private access from an individual lot to the road right-of-way.
Any condition constituting a clear and present danger to
life or property by reason of escaping gas, exposed wires or other
breaks or defects in the user's line.
Also referred to as "controlled density fill." A low-strength
flowable mixture of cement, pozzolan (fly ash), sand and water used
as a backfill material, placed by pouring it into the excavation or
opening, requiring no subsequent vibration or tamping to achieve consolidation.
Any activity within the right-of-way of any road, alley or
cartway which involves cutting, breaking or disturbing of the surface
thereof, with the exception of reconstruction of said road, alley
or cartway. In this article, the term "opening" shall have essentially
the same meaning as "excavation."
Pennsylvania Department of Transportation.
Any Pennsylvania state road located within the municipal
boundaries of Dalton Borough, Pennsylvania.
A fee paid by the permittee to the Borough to cover the costs
of issuing, processing and filing the street opening permit and all
reasonable costs associated with the inspection of an excavation and
restoration of road opening.
Any person who has been issued a permit and has agreed to
fulfill all the provisions of this article.
Any natural person, partnership, firm, association, corporation,
public utility company, or municipal authority.
Any utility company franchised by the Public Utility Commission
of the Commonwealth of Pennsylvania.
The complete removal of the existing pavement structure and
the construction of new subbase, base course and wearing course of
a Borough road or street.
A process which provides a new wearing surface in a certain
paved road area between curbs with the same material which was existing
prior to excavation, unless the Borough Engineer deems another material
to be appropriate.
Land reserved for use as a road. Right-of-way shall also
include any road which is owned in fee simple title by the Borough.
Surface space that measures out to the equivalent of a square
one yard (three feet) wide by one yard (three feet) long. There are
nine square feet to a square yard.
A combination of materials to form a construction for use,
occupancy, or ornamentation whether installed on, above, or below
the surface of the land.
A.
Permits required.
(1)
No work shall be performed within the right-of-way, involving the placing or repair of utility facilities or other structures, opening of the surface for any purpose, laying out or constructing of driveways, including sluice pipe placement, repair or replacement, paving, repaving, grading, regrading of driveways or any kind of modification to an existing driveway, roads or railways, or any other means of ingress or egress, or altering of drainage without first obtaining a permit from the Borough. Intended permittee shall apply for a permit at least 30 days prior to the start of utility work. All permits issued pursuant to this article require compliance with each requirement herein, including but not limited to restoration specifications (as described more fully in § 294-17 hereof). In addition, at least seven days prior to beginning work pursuant to the permit, all contractors performing work in accordance with a permit issued pursuant to this article shall be required to provide the Borough with proof of general liability insurance as per the requirements of § 294-16B and reasonable in relation to the scope of the construction project (as determined by the Borough). At least seven days prior to beginning work pursuant to the permit, permittee shall also be required to tender to the Borough a deposit to be held in escrow and as provided for in § 294-16B for any Borough inspection or inspection activities, in an amount determined by the Borough based upon the scope of the work to be performed. All unused funds deposited in an escrow for inspection activities shall be returned following satisfactory completion of the work.
(2)
Upon completion of a road paving/resurfacing project by any entity,
Dalton Borough will not allow the street to be excavated for any reason
for five years, except for emergency situations. (This includes any
and all activities defined as upgrades, improvements and/or maintenance
to utility systems.) Permits will not be issued to any entity that
is desirous to conduct excavations on a road within a five-year period
following a paving/resurfacing of Borough roads.
(3)
Any person working in the vicinity of any Borough road who in any
manner disturbs such road or who in any manner causes damage to a
street shall be required by this article to obtain a permit and correct
this damage in accordance with the directives of the Borough.
(4)
No permit shall be issued to any applicant unless the applicant has
paid to the Borough any and all moneys, then due to the Borough, for
prior excavations made or for any loss, damages or expense in any
manner occasioned by or arising from the work done by the applicant
under the provisions of this article.
B.
Emergency repairs. Nothing in this section shall be construed to
require a permit in advance for emergency repairs necessary for the
safety of the public or restoration or continuance of public utility
service or other public service, but application for such permit and
the fees shall be submitted as herein prescribed the next business
day following the start of the work, after which time the remaining
provisions, escrow monies, permit fees, Borough's costs of engineering
and inspection of this article shall apply, including all restoration
specifications.
A.
Permits shall be issued only to a person or their authorized agent
furnishing public utility services or the owner or owners of the real
property adjoining the location where such opening or excavation is
to be made.
B.
Any person who shall desire to make any opening or excavation in
any of the roads in the Borough shall make application to the Borough
Engineer in writing, for that purpose. Such application and any required
accompanying documentation shall be made upon blanks to be furnished
by the Borough and shall set forth - at minimum - the name of the
applicant, the exact location of the proposed opening or excavation
and the approximate size or depth thereof, the full scope of work
to be included in the project, the date or dates during which such
excavation is to be permitted and the date such excavation is to be
refilled and resurfaced in the manner hereinafter provided. An applicant
shall furnish a drawing of the proposed opening site upon request
by the Borough Engineer.
C.
The application shall contain an agreement on the part of the applicant
that the work shall be done in full compliance with the ordinances
of the Borough and the laws of the commonwealth in relation thereto
and that the applicant shall well and truly save, defend and keep
harmless the Borough from and indemnify it against any and all actions,
suits, demands, payments, costs and charges for or by reason of the
proposed opening or excavation and all damages to persons or property
resulting in any manner therefrom or occurring in the prosecution
of the work connected therewith or from any other matter, cause or
thing relating thereto. In the event that the suit shall be brought
against the Borough either independently or jointly with the permittee,
and in the event of a final judgment being obtained against the Borough
either independently or jointly with the permittee, the permittee
shall pay such judgment with all costs, including reasonable attorney's
fees, and hold the Borough harmless therefrom.
D.
The application for a permit shall be on a form prescribed by the
Borough and the required number of copies (as resolved by Dalton Borough
Council, which resolution may be amended from time to time) shall
be submitted to the Borough Engineer. The application for permit shall
be accompanied by the required number of copies of a plan detailing
the location and pertinent dimensions of the opening, the proposed
installation and related street features (width of traveled roadway,
right-of-way lines, distance to the nearest intersecting street, and
for driveways, distance to side property lines), detailed restoration
plans, and any other information deemed necessary by the Borough to
confirm compliance with this article.
A.
Fees.
(1)
Any person who desires to do any street or road opening or excavation
of a road shall pay a permit application fee and inspection fees to
be held in escrow for the benefit of the Borough, which amounts shall
be determined by the Borough by resolution from time to time and reflected
on a schedule of fees.
(2)
The application for permit shall be accompanied by processing fees
(separate and apart from inspection costs) in accordance with the
schedule of fees in effect when the permit is issued, as adopted and
amended from time to time by resolution of the Board of Dalton Borough
Council. In addition, the Borough may assess the applicant an additional
fee to cover the cost of any engineering or other consultant services
required by the Borough in the administration of this article or for
any necessary inspections. This engineering assessment shall be determined
by the Borough in its discretion, depending on the scope of the subject
project.
B.
Costs.
(1)
Costs of inspection for installation or repair of utilities and the
restoration of Borough roads and rights-of-way.
(a)
At least seven days prior to the start of construction as permitted, permittee shall tender to the Borough a deposit as per Subsection B(3) and Resolution No. 1 of 2017 establishing inspection fees to be held in escrow for any Borough inspection or inspection activities, in an amount determined by the Borough based upon the scope of the work to be performed. All unused funds deposited in an escrow for inspection activities shall be returned to permittee following satisfactory completion of the work.
(b)
All costs of inspection that exceed the amount held in escrow
pursuant to this article shall be remitted to Dalton Borough within
15 days of written demand therefore.
(2)
Any costs to the Borough associated with completion of work or restoration
not performed by the permittee, and any interest charge assessed,
shall be recoverable by the Borough in any manner available in law.
(3)
Permit fees, inspection fees, and escrow amounts shall be as per
the current Dalton Borough resolution establishing a schedule of fees
for utility installation, rehabilitation, and repair.
(4)
Contractor's insurance. Contractors shall submit proof of compliance
with Dalton Borough's insurance requirements as established by
resolution from time to time.
A.
Drainage control. No increase in the flow of water into drainage
facilities or onto the right-of-way or onto the property of some other
person is permitted without a drainage control plan designed to minimize
and safely divert such flows. Such plan shall be submitted by the
applicant, and if required by the Borough Engineer, the plan shall
be prepared by a professional engineer registered in the Commonwealth
of Pennsylvania. Drainage plans shall comply with all other ordinances
of the Borough which regulate drainage and stormwater. No permit shall
be issued until the Borough Engineer determines that the drainage
control plan is adequate.
B.
Work standards. All work shall be done in such a manner as is consistent
with the safety of the public. Where traffic control is necessary,
it shall be accomplished according to the relevant standards of the
Pennsylvania Department of Transportation, including those standards
detailed in PennDOT Publication 203 where applicable, and such other
safety measures as determined by the Borough are required to provide
for the safe movement of traffic through the work site.
C.
Damage to public facilities. The permittee shall restore all pavement and road shoulders in accordance with the specifications contained in Subsection G at the sole expense of the permittee. Permittee is solely responsible for repairing any failure of facilities, including but not limited to restoration work, within five years of completion of the work. If the permittee fails to comply with this requirement, the Borough shall complete the necessary repairs and collect the costs as per § 294-16.
D.
Driveway and street location.
(1)
General rule. Driveways and roads shall be located, designed, constructed
and maintained in such a manner as not to interfere or be inconsistent
with the design, maintenance and drainage of the road being intersected.
(2)
General location restrictions. Access driveways and roads shall only
be permitted at locations in which:
(a)
Sight distance is adequate to safety allow each permitted movement
to be made into or out of the access driveway. All driveways and streets
must meet minimum PennDOT sight distance requirements and standards.
(b)
The free movement of normal traffic is not impaired.
(c)
The driveway or street will not create a hazard.
(d)
The driveway or street will not create an area of undue traffic
congestion on the intersecting road.
(e)
Driveways shall be located as mandated in the standards as specified
by the Pennsylvania Department of Transportation, Title 67 PA Code
Chapter 441.
(3)
The Borough may restrict access to right-turn-only ingress and egress
or to another state-maintained road or local road if safe and efficient
movements cannot be accommodated pursuant to the standards in this
article. In order to promote and protect the public health, safety
and welfare, the standards contained in this subsection are not limited
to new construction.
E.
Driveway and street design standards.
(1)
All driveways shall meet the minimum sight distance requirement as
per Title 67 PA Code Chapter 441. All driveways must be constructed
according to the most current standards of the Borough limited to
those standards contained in Title 67 Pa. Code § 441. Such
specifications include but are not limited to those standards included
in the Borough Subdivision and Land Development Ordinance[1] and all amendments thereto.
(2)
All streets shall be constructed in accordance with PennDOT Specifications,
Form 408, and in accordance with the standards contained in the following
table; provided, however, that for local access streets including
service roads and marginal access streets, the municipality will consider
any alternative supported by a maintenance bond to be provided by
the developer to cover a period of three years from the date on which
the street is opened to traffic.
|
Street Types
|
9.5 mm Superpave
|
25 mm Superpave
|
Aggregate Subbase AASHTO #1 Coarse Agg. W/# 10 choke (PennDOT
408)
|
Subbase No. 2A
|
Shoulder Width
|
|---|---|---|---|---|---|
|
Arterial
|
1 1/2 inches
|
8 inches
|
18 inches
|
6 inches
|
10 feet
|
|
Collector street
|
1 1/2 inches
|
7 inches
|
16 inches
|
6 inches
|
10 feet
|
|
Local access street
|
1 1/2 inches
|
6 inches
|
12 inches
|
4 inches
|
8 feet
|
|
Marginal access street
|
1 1/2 inches
|
4 inches
|
10 inches
|
4 inches
|
8 feet
|
|
Private road
|
1 1/2 inches
|
4 inches
|
10 inches
|
4 inches
|
8 feet
|
|
*Industrial subdivisions
|
1 1/2 inches
|
7 inches
|
14 inches
|
6 inches
|
8 feet
|
|
*Industrial land dev.
|
1 1/2 inches
|
7 inches
|
14 inches
|
6 inches
|
8 feet
|
|
*Commercial land dev.
|
1 1/2 inches
|
5 inches
|
10 inches
|
4 inches
|
8 feet
|
|
*Large scale dev.
|
1 1/2 inches
|
4 inches
|
10 inches
|
4 inches
|
8 feet
|
|
*Subject to review by township depending upon proposed uses.
|
|
Collector street: 10 to 50 single-family residences.
|
|
Local access street: 8 to 10 single-family residences.
|
|
Marginal access street: 1 to 3 single-family residences.
|
|
Private road: up to 3 single-family residences.
|
|
Industrial subdivision and industrial land development to include
manufacturing, warehousing, and office complexes gaining access from
same proposed roadway (not an existing public roadway).
|
|
Large scale developments, condos and townhouses: more than 10
units from same proposed roadway (not an existing public roadway).
|
|
Commercial land development: more than three multiple commercial
facilities gaining access from same proposed roadway (not an existing
public roadway).
|
(3)
All driveways and roads shall be constructed so as not to impair
drainage within the right-of-way, alter the stability of the improved
area or change the drainage of adjacent areas. Drainage shall not
be permitted to flow upon the cartway of the Borough road. Where a
drainage ditch or swale exists, the permittee shall install adequate
pipe under the driveway or private road. Drainage pipes installed
shall be of a size necessary to carry the anticipated flow but not
less than 15 inches in diameter and of the smooth wall type. The minimum
length of the culvert shall be 30 feet or as otherwise necessary to
provide for access of emergency and maintenance vehicles. Driveways
shall have a grade not to exceed 4% for a distance within 40 feet
of the Township road right-of-way. Entrances shall be rounded at a
minimum radius of five feet or shall have a flare construction that
is equivalent to this radius at the point of intersection with the
cartway edge.
F.
Depth of pipes and culverts and backfilling of trench. Subject to the specifications in Subsection G:
(2)
The minimum cover over any pipe or culvert under the subgrade elevation
shall be one foot.
(3)
Any utility crossing a Dalton Borough road within a 2.5-foot depth
from the surface shall be run through a PVC pipe Schedule 40 of the
appropriate diameter to accommodate said utility from road right-of-way
line to road right-of-way line. Any utility crossing a Dalton Borough
road deeper than a 2.5-foot depth from the surface shall be ran through
a PVC pipe Schedule 80 of the appropriate diameter to accommodate
said utility from road right-of-way line to road right-of-way line.
All backfill and repavement restoration requirements of this article
shall apply to said installations.
(4)
Trenches shall be backfilled with No. 2A coarse aggregate to the
surface or to the bottom of the necessary Superpave where Superpave
is needed for pavement restoration. All backfill material shall be
placed in eight-inch layers with compaction by approved vibratory
compaction equipment. Each layer for its full width shall be compacted
to not less than 97% of the determined dry weight density.
(5)
The placement of utilities underground shall be identified on the
ground surface with permanent markers as required by the Township
or in accord with the standard practice of the governing utility provider.
G.
Road restoration following installation of construction in, along,
or under Borough roads. In all cases contractor must contact PA One
Call three days prior to any construction work. Permanent repairs
to any and all pavement cuts should be made within 10 days of completion
of the work designated in the permit; permanent repairs to any and
all shoulder cuts shall be made within 15 days of the work designated
in the permit.
(1)
Utility trench construction greater than six feet outside the edge
of pave on either side of a Dalton Borough road.
(a)
At a minimum, the utility company shall be responsible to remove
broken parts of the edge of pave on each side of the Borough road.
(b)
Fill those areas with 25 mm Superpave (PennDOT 408) either to
within 1 1/2 inches of existing road surface, if no overlay is
required from the inspection process, or to the surface of the existing
road surface, if an overlay is required.
(c)
Provide necessary depth of 9.5 mm Superpave (PennDOT 408) to
meet the existing pavement over the 25 mm Superpave (PennDOT 408)
from above.
(e)
Fill all potholes with 9.5 mm Superpave (PennDOT 408) to the
surface of the existing road pavement.
(f)
Seal interface of patch(es) and existing pavement surface with
a twelve-inch width of AC-20 asphalt.
(g)
Upon completion of utility construction (either parallel with
road or crossing road), utility representative shall contact Dalton
Borough stating all utility installation has been completed. A Dalton
Borough representative will perform a road inspection to determine
damage(s) caused by aforesaid construction installation. Depending
upon the outcome of the "after construction inspection of the Borough
road," the Borough include the following:
[1]
One-inch depth scratch coat over either half or full width of
road.
[2]
Two-inch depth scratch coat over either half or full width of
road.
[3]
Mill half width of township road; repave with 1 1/2-inch
depth of 9.5 mm depth Superpave.
[4]
Overlay of full width of the subject township road (all pavement
shall be PennDOT 408 Superpave, 9.5 mm wearing, 19.5 mm or 25 mm as
determined during the township inspection).
[5]
A two-foot width shoulder of 2A aggregate may be necessary.
[6]
Trench restoration may include twelve-inch depth of AASHTO #1
stone; four-inch depth of 2A aggregate; six-inch depth of 25 mm BCBC
Superpave, and depending upon proximity to or within the township
road, a 1 1/2-inch depth of 9.5 mm Superpave shall be constructed.
[7]
Trench restoration may include milling an eight-inch depth two-to-four-foot
width as determined by the township site inspector's inspection
and placement of eight-inch depth of 25 mm BCBC Superpave, and depending
upon the proximity to or within the township road, 1 1/2-inch
depth of 9.5 mm Superpave shall be constructed.
(2)
Utility trench construction within six feet of the edge of pave of
a Dalton Borough road shall mill and overlay half of the width of
the Borough road. If any portion of the pavement is broken or undercut,
mill and pave full width of the Borough road and as provided below.
(a)
At a minimum, the utility company shall be responsible to remove
broken parts of the edge of pave on each side of the Borough road.
(b)
Fill those areas with 25 mm Superpave (PennDOT 408) either to
within 1 1/2 inches of existing road surface, if an overlay is
required from the inspection process, or to the surface of the existing
road surface, if an overlay is required.
(c)
Provide necessary depth of 9.5 mm Superpave (PennDOT 408) to
meet the existing pavement over the 25mm Superpave (PennDOT 408) from
above.
(d)
Fill all pot holes with 9.5 mm Superpave (PennDOT 408) to the
surface of the existing road pavement.
(f)
Seal all pavement interface(s) of pothole patch(es), longitudinal
joints, traverse joints, etc., with AC-20 asphalt.
(g)
Upon completion of utility construction (either parallel with
road or crossing road), utility representative shall contact Dalton
Borough stating all utility installation has been completed. A Dalton
Borough representative will perform a road inspection to determine
damage(s) caused by aforesaid construction installation. Depending
upon the outcome of the "after construction inspection of the township
road," the Borough will determine what rehabilitation will be necessary.
Rehabilitation could include the following:
[1]
One-inch depth scratch coat over either half or full width of
road.
[2]
Two-inch depth scratch coat over either half or full width of
road.
[3]
Mill half width of township road; repave with 1 1/2-inch
depth of 9.5 mm depth Superpave.
[4]
Overlay of full width of the subject township road (all pavement
shall be PennDOT 408 Superpave, 9.5 mm wearing, 19.5 mm or 25 mm as
determined during the township inspection).
[5]
A two-foot width shoulder of 2A aggregate may be necessary.
[6]
Trench restoration may include twelve-inch depth of AASHTO #1
stone; four-inch depth of 2A aggregate; six-inch depth of 25 mm BCBC
Superpave, and depending upon proximity to or within the Borough road,
a 1 1/2-inch depth of 9.5 mm Superpave shall be constructed.
[7]
Trench restoration may include milling an eight-inch depth,
two-to-four-foot width as determined by the township site inspector's
inspection and placement of eight-inch depth of 25 mm BCBC Superpave,
and depending upon the proximity to or within the Borough road, 1 1/2-inch
depth of 9.5 mm Superpave shall be constructed.
(3)
Utility construction within the pavement of a Dalton Borough road
either longitudinally or transversely or diagonally.
(a)
Saw-cut existing pavement to a width of at least two feet outside
the diameter of the proposed underground utility line.
(c)
After utility line placement, including the bedding material,
the trench shall include:
[1]
From the top of the bedding material the utility trench shall
be backfilled with #57 (PennDOT 408) (depth will vary) to within 22
inches of the surface of the existing pave.
[2]
After completion of the above AASHTO #57, construct a twelve-inch
(compacted) depth of AASHTO #1 stone (PennDOT 408).
[3]
After completion of the above AASHTO #1, construct a four-inch
depth (compacted) of AASHTO #57 (PennDOT 408).
[4]
After completion of the above AASHTO #57, construct a six-inch
depth of 25 mm Superpave (PennDOT 408) to the surface of the existing
Borough road pavement.
[5]
Fill all potholes, broken places of the edge of pavements (both
sides of road pavement) with 25 mm Superave (PennDOT 408).
[6]
Construct 1 1/2-inch 9.5 mm Superpave (PennDOT 408) overlay
of the Borough road, full width of the existing pavement, this paving
shall be accomplished in one pass.
[7]
Utility contractor shall be responsible for the lifting of all
valve boxes, manhole lids and/or shutoffs.
[8]
Provide a twelve-inch seal of AC-20 asphalt at each joint with
existing roadway pavement at the joint of the new pave with driveways
at and around each valve box and manhole.
[9]
Where Borough roads consist of gravel surface, the permanent
restoration must consist of PennDOT 2A coarse aggregate, placed and
compacted to the surface for the entire trench width and length.
[10]
Temporary restoration must be placed during the months of December, January, February, March and must remain in place for a minimum of 20 days. The temporary restoration must consist of a minimum six-inch depth of 19 mm Superpave material. After the minimum twenty-day period (after April 20) but prior to May 1, the temporary restoration must be removed and the area saw-cut back one foot prior to the permanent restoration as per the permanent restoration detail. If plants are closed in December, January, February, and March, and no hot mix is available, the Borough could authorize the use of cold patch with a minimum depth of 10 inches. Should cold patch be used, the Borough Engineer's weekly inspection of said utility cuts may require the utility's representative to rehabilitate the "cut" as necessary as determined by Dalton Borough representatives. Fees for such inspections shall be as per § 294-16.
[11]
Utilities to be constructed in, along, or across
subdivision roads constructed as per the Dalton Borough Subdivision
and Land Development Ordinance, Table VI-1 Design Standards for Streets.
[13]
Section 294-18A(7) shall apply when applicable
(multiple transverse road cuts or diagonal road cuts).
(d)
Upon completion of utility construction (either parallel with
road or crossing road), utility representative shall contact Dalton
Borough stating all utility installation has been completed. A Dalton
Borough representative will perform a road inspection to determine
damage(s) caused by aforesaid construction installation. Depending
upon the outcome of the "after construction inspection of the Borough
road," the Borough will determine what rehabilitation will be necessary.
Rehabilitation could include the following:
[1]
One-inch depth scratch coat over either half or full width of
road.
[2]
Two-inch depth scratch coat over either half or full width of
road.
[3]
Mill half width of township road; repave with 1 1/2-inch
depth of 9.5 mm depth Superpave.
[4]
Overlay of full width of the subject township road (all pavement
shall be PennDOT 408 Superpave, 9.5 mm wearing, 19.5 mm or 25 mm as
determined during the township inspection).
[5]
A two-foot width shoulder of 2A aggregate may be necessary.
(4)
Small road cuts.
(a)
Small road cuts having a maximum size of four feet by four feet
can be backfilled with 2A aggregate and tamped according to the above
specifications to within eight inches of the pavement surface.
(b)
The remaining eight-inch depth to the surface of the existing
pavement shall be filled with 19 mm Superpave in two lifts compacted
and the surface sealed with driveway sealer.
(5)
Driveways for single-family house construction.
(a)
During the process of obtaining a highway occupancy permit,
a site meeting inspection shall be performed with the owner and a
representative of Dalton Borough. A preconstruction video may be compiled
for road conditions prior to construction.
(b)
An escrow amount shall be set forth by township resolution establishing
fees for such account to cover cost of any road repair of the Borough
road post driveway construction.
(c)
The homeowner requesting the highway occupancy permit and building
permit shall sign the highway occupancy permit application and acknowledge
his understanding of the escrow amount and conditions of the permit.
(d)
Should damage occur to a township road from the construction
activities by heavy trucks, heavy equipment, or carelessness by contractors
or owner, the signatory on the highway occupancy permit and building
permit shall be responsible to Dalton Borough for restoration.
H.
Work schedule.
(1)
All work involving cuts into the traveled portion of the road must
be started within 90 days of permit issuance. All such work must be
completed within 30 days of work commencement. Temporary repairs to
any and all pavement and shoulder cuts shall be made immediately after
completion of the work designated in the permit.
(2)
Restoration: permanent repairs to any and all pavement cuts shall
be made within 10 days of completion of the work designated in the
permit; permanent repairs to any and all shoulder cuts shall be made
within 15 days of completion of the work designated in the permit.
I.
Prohibited structures. No permit shall be issued for the construction,
erection or placement in any road, whether such road is defined by
right-of-way or such road is owned in fee simple title by the Borough,
of any building, fence, sign, mailboxes, columns, or other structure
the Borough determines constitutes or will constitute a hazardous
or dangerous condition to the use of the road or those which impair
the safe or efficient use or maintenance of the road.
J.
Indemnification. The permittee shall fully indemnify, save and hold
harmless and defend the Borough, its agents, representatives and employees,
of and from all liability or claims of liability for damages or injury
occurring to any person or persons or property through or as a consequence
of any act or omission of or by permittee, any contractor, agent,
servant, employee or person engaged or employed in, about, or upon
the work, by, at the instance, or with the approval or consent of
the permittee; from any failure of the permittee or any such person
to comply with the permit or this article; and, for a period of five
years after completion of the permitted work, from the failure of
the Borough road, right-of-way, ditch or trench in the immediate area
of, or impacted as a result of, the work performed under the permit
where there is no similar failure of the road, right-of-way, ditch
or trench beyond the area adjacent to the area of the permitted work.
K.
Permit validity. Permits are valid for a period of six months.
L.
Installation and costs. For new construction, the applicant shall
install and pay the costs of any and all drainage pipes and other
required improvements, and any and all restoration costs.
M.
Permit. A copy of the valid, issued, permit with the ordinance specifications
shall be carried on site by the utility contractor performing the
utility work. Permit shall be available for review by Dalton Borough
representatives inspecting ongoing utility construction.
N.
Leaks. Leaks detected in a utility line reported to the utility by
e-mail or registered letter including the location of the leak, road
name, local physical property address, etc., shall be addressed (leak
fixed, trench excavation restored, pavement restored, etc.) within
seven days. If leak (area) is not repaired, the utility shall be responsible
for whatever additional road restoration is necessary.
A.
Notice.
(1)
Thirty days prior to the start of construction as permitted, the
utility contractor or permittee shall provide the construction schedule
of contractor to the Borough, in writing, which schedule shall include
the anticipated number of linear feet of construction per day to be
accomplished.
(2)
Permittee shall give written notice to the Borough within three business
days following completion of the work authorized by permit.
(3)
Permittee shall provide written notice to the Borough within three
business days following completion of any required restoration of
Borough roads and/or rights-of-way.
(4)
The Borough shall give timely notice to all persons owning property
abutting on any road within the Borough about to be paved or improved
and to all public utility companies operating in the Borough, and
all such persons and utility companies shall make all water, gas or
sewer connections, as well as any repairs thereto, which would necessitate
excavation of said street within 30 days from the giving of such notice,
unless such time is extended, in writing, for cause shown by the Borough.
New paving shall not be opened or excavated for a period of five years
after the completion thereof, except in the case of an emergency,
the existence of which emergency and the necessity for the opening
or excavation of such paving to be determined by the Borough. Any
person who desires to excavate a street for a utility within five
years after completion of the paving shall make written application
to the Borough, and a permit for such opening shall be issued only
after express approval of the Borough.
(5)
Any street or court that has received bituminous resurfacing (paving)
within a five-year period shall be milled to a depth of 1.5 inches
and resurfaced with appropriate material with (scratch leveling course)
and (wearing course 1 1/2 inches) depth curb to curb and 10 feet
beyond the farthest point of the pave cut edge in any direction by
any person who shall open or excavate any street or court for any
purposes; this includes emergency-related work. All restoration work
shall be completed within and no later than 30 days from the day recorded
for the excavation.
(6)
Trenching excavations in lengths equal to the road surface width
and in parallel or otherwise to the road surface shall have the same
restoration requirements as for pave cuts above for the manner of
completion.
(7)
If two pave cuts are made less than 500 feet apart, the entire area
between the two pave cuts, including the two pave cuts and 100 feet
to each side of the pave cuts shall be milled and resurfaced as described
above for a full width of the entire length of the work area.
(8)
If, within five years after the restoration of the surface as herein
provided, defects shall appear, the applicant shall reimburse the
Borough for the cost of all necessary repairs to the permanent paving
or, as directed by the Borough, may be required to reconstruct the
road surface of the pave cut area to meet compliance.
(9)
Pavement markings. Any person who shall open or excavate any street/court
in the Borough shall thoroughly and completely replace all pavement
markings to their preexisting condition within five days following
the resurfacing of the street/court.
B.
Inspection. The Borough, through its designated representative, shall
cause the work and, separately, all restoration to be inspected and
when necessary, enforce compliance with conditions prescribed by the
permit and this article employing, where necessary, professional expertise
at the permittee's expense for said purpose. The Borough may
reinspect the work authorized by the permit not more than five years
after its completion, and if any settlement of the road surface or
other defect shall appear in or caused by the work, contrary to the
conditions, restrictions, standards and regulations of the Borough
(or PennDOT, where applicable) or the permit, the Borough may enforce
compliance herewith. If the permittee fails to rectify any defect
which presents an immediate or imminent safety or health problem within
48 hours and/or any other defect within 10 days of written notice
from the Borough to do so, the Borough may cause the work to be performed
and impose upon the permittee the cost thereof together plus an additional
20% of such cost to offset administrative costs. Moreover, the Borough
may seek any and all remedies available to it under law or equity
for any violation of this article.
The maintenance and repair of all work authorized by a permit
shall remain the responsibility of the permittee. However, any drainage
pipe or other required improvements installed in the Borough right-of-way
shall become a part of the Borough infrastructure and shall thereafter
be maintained by the Borough, provided such pipe and other improvements
have been permitted, inspected and approved under the terms of this
article.
A.
Shrubs and trees. The Borough, shrub, tree or other vegetation deemed
to constitute a hazardous or dangerous condition to the use of the
road or those which impair the use or maintenance of the road. No
tree having a trunk diameter in excess of six inches shall be removed
without notice of the proposed removal having first been given to
the abutting property owner. Such notice shall be in a form prescribed
by resolution of Dalton Borough Council.
B.
Wood. All logs, cordwood, branch wood or other forms of wood derived
from the destruction or removal of any trees growing along any road
shall be surrendered to and remain the property of the abutting property
owners.
C.
Brush and refuse. The Borough may clear out brush and other refuse
along the sides of any road to the width of the right-of-way. All
clearing and removal of brush and refuse shall be confined to growth
that is within the right-of-way and to the removal of branches that
in any way interfere with public travel.
D.
Dangerous conditions. Nothing in this section shall prevent the Borough
from removing roadside trees which may be thrown down by wind or lodged
in a position as to become a nuisance to public travel or which, by
reason of any other cause, may become a source of danger to the public.
A.
General restriction. No person shall obstruct any road or commit
any nuisance thereon by felling trees, making fences, turning the
road, diverting water onto the road, filling, or in any other manner.
Any such person who does not, upon notice by the Borough, immediately
remove the obstruction or nuisance and repair the damage done to the
road in accordance with Borough standards and requirements is in violation
of this article.
B.
Mailboxes. Nothing in this article shall prohibit the placement of
mailboxes in any Borough road right-of-way so long as the installation
and specifications of said mailbox comply in all respects with PennDOT
standards and requirements. In such cases:
(1)
A permit shall not be required.
(2)
The mailbox and/or its support shall not create a public safety hazard
or public nuisance, and the Borough shall have the authority to require
the relocation or redesign of the mailbox and/or support to minimize
hazards and nuisances.
(3)
The Borough shall not be responsible for any damage to or created
by any mailbox and/or support.
A.
Maintenance. The Borough is hereby authorized to enter any lands
or enclosures and cut, open, maintain and repair drains or ditches
through the property when necessary to carry the water from the roads.
B.
Damage. Any person who damages, diverts or fills any drain or ditch
without the authority of the Board of Supervisors is in violation
of this article and is liable for the costs of restoring the drain
or ditch.
A.
Fine. Any person, partnership or corporation who or which has violated
or permitted the violation of any of the provisions of this article
shall, upon being found liable therefore in a civil enforcement proceeding
commenced by the Borough, pay a judgment and all court costs, including
attorney fees incurred by the Borough as a result thereof. No judgment
shall commence or be imposed, levied or be payable upon the date of
the determination of a violation by the district justice. If the defendant
neither pays nor timely appeals the judgment, the Borough may enforce
the judgment pursuant to governing law and the applicable rules of
civil procedure. Each day that a violation continues unabated shall
constitute a separate violation. All judgments, costs and reasonable
attorney fees collected for the violation of this article shall be
paid over to the Borough. No person, partnership or corporation who
fails to pay a fee imposed for not obtaining a permit shall receive
a permit until such time as all fees are paid up to date.
B.
Court of Common Pleas. The Court of Common Pleas, upon petition,
may grant an order of stay, upon cause shown, tolling the per diem
fine pending a final adjudication of the violation and judgment.
C.
Other remedies. In addition to any penalty therein provided, any
person, persons, firm, partnership or corporation who or which violates
any provision of this article or who refuses to pay the costs of repair
or removal as required by this article is subject to any and all applicable
law or laws of the Commonwealth of Pennsylvania that afford(s) a remedy
for such violation or recovery of costs in any court of the commonwealth,
including but not limited to, monetary damages, equitable or injunctive
relief and attorney's fees.
Dalton Borough Council appoints the Borough Engineer and/or
the Engineer's designee to conduct inspections, make reports
and administer other parts of this article as determined by Dalton
Borough Council.
A.
Service of notice. Whenever Dalton Borough Council or the Borough
Engineer determines that a violation of this article exists, Dalton
Borough Council and/or the Borough Engineer shall prepare a written
notice to be served upon the owner and/or tenant of the premises on
which the violation is located or originates, or the violator if other
than a property owner or tenant. The written notice shall be served
by one or more of the following methods:
B.
Content of notice.
(1)
The notice shall enumerate the conditions which constitute the violation
and what action is required to abate the violation.
(2)
The notice shall include a time frame for the abatement of the violation,
with such time frame established by Dalton Borough Council (or the
Engineer, at Council's direction), based upon the nature of the
violation and providing a reasonable period for the owner to take
the required action. However, in no case shall the period for abatement
of the violation exceed 60 days from the time notice is served upon
the owner and, in certain cases, immediate correction may be required.
A.
Intent. The provisions of this article are intended as minimum standards
for the protection of the public health, safety, and welfare. If literal
compliance with any mandatory provision of these regulations is demonstrated
by the applicant to be patently unreasonable or to cause undue hardship
as it applies to a particular property, or if the applicant shows
that an alternative proposal will allow for equal or better results,
the Borough may grant a waiver from any such mandatory provision(s)
so that substantial justice may be done and the public interest secured
while permitting the reasonable utilization of property. The granting
of any waiver or modification pursuant to this section shall not have
the effect of making null and void the intent and purpose of this
article.
B.
Conditions. In granting waivers/modifications Dalton Borough Council
may impose such conditions as will, in its judgment, secure substantially
the objectives of the standards and requirements of this article.
C.
Procedure. All requests for waivers/modifications shall be in writing,
shall accompany and be a part of the development application, and
shall include:
D.
Action. If Dalton Borough Council denies the request, the applicant
shall be notified, in writing, of the reasons for denial. If the Borough
grants the request, the permit shall include a note which identifies
the waiver/modification as granted. In any case, the Borough shall
keep written records of all actions on all requests for waivers/modifications
as required by law.
Should any section, subsection, clause, provision or other portion
of this article be declared invalid by any court of competent jurisdiction,
such decision shall not affect the validity of the remainder of this
article; Dalton Borough Council having adopted this article as if
such portions had not been included therein.
All other existing ordinances or parts thereof inconsistent
with this article are hereby expressly repealed to the extent necessary
to give this article full force and effect.
Should any provision of this article be in conflict with any
other section, provision, regulation or standard of any other Borough
ordinance, the more restrictive shall apply.
This article shall become effective immediately upon adoption.
