[Ord. No. 3/13/1996B, § 601]
As used in this Part, the following terms shall have the meanings
herein set forth.
Any person applying for a permit.
An unforeseen occurrence or combination of circumstances
which calls for immediate action.
Any person who has been issued a permit and has agreed to
fulfill and the terms of this Part.
The combination of subbase, base course, cement concrete
and surface course placed on a subgrade to support the traffic load
or to distribute it to the road bed or both.
Written authorization issued by the Borough to an owner of
a utility or facility located within a Borough street right-of-way.
Any person who has been issued a permit and has agreed to
fulfill all the terms of this Part.
A natural person, firm, partnership, association, corporation,
authority or political subdivision.
Any and all streets, roads, highways and alleys within or
abutting the Borough of Wesleyville for the full width thereof from
property line to property line, including pavement, curbs, walks,
lawns and other similar items usually found within the right-of-way
lines; provided, however, that state highways shall not be streets
within the provisions of this Part.
Any and all work contemplated by § 21-602; provided, however, that a curb cut for purposes of installation of a driveway and similar work which does not affect the paved portion of the street shall not be considered within this definition.
[Ord. No. 3/13/1996B, § 602]
No person shall hereafter lay any gas pipe, water pipe, sewer
pipe, electric conduit or other piping; erect any telephone, telegraph
or electric light or power pole or other obstruction; install any
surface or subsurface structure; or cause any excavation of any nature
whatsoever upon or in any portion of any street except under the conditions,
restrictions and regulations hereinafter set forth or otherwise adopted
from time to time pursuant to the authority hereof; provided, however,
that any work done by an abutting residential property owner in front
of his property within the street right-of-way line and the curbline
and in no way disturbing the paved portion of the street shall be
excluded from the provisions of this Part.
[Ord. No. 3/13/1996B, § 603;
as amended by Ord. No. 01/13/99,
1/13/1999, §§ 1, 3]
Any person desiring to make a street cut shall first make application
to the Borough for a permit to do such work, pay the permit fee, post
the required bond or deposit, obtain and show proof of required insurance
and give notices as hereinafter required. Every permit will expire
on the date specified in the permit. If the work is unable to be completed
by the expiration date, the permittee will present, in writing, to
the Borough an application for extension and the reasons for the requested
extension. A $5 fee will accompany the application to defray the costs
of processing and filing. At its 1999 organizational meeting, Wesleyville
Borough Council shall adopt, by resolution, a comprehensive fee schedule
establishing the amount of each fee for the calendar year of 1999.
Thereafter, Wesleyville Borough Council shall at its regular June
meetings adopt, by resolution, a comprehensive schedule establishing
the amount of each fee, to be effective from January 1 through December
31 of the following calendar year. A written summary of the comprehensive
fee schedule shall be available to the general public at the Borough's
office, located at 3421 Buffalo Road, Wesleyville, PA 16510.
[Ord. No. 3/13/1996B, § 604]
The permit application shall be on a form prescribed by the
Borough and shall set forth the following: the applicant's name
and address; the location of the proposed street cut; the expected
size of the excavation; the anticipated date of opening and closing
the street cut; the purpose of the street cut; and the applicant's
agreement to the conditions, restrictions, rules and regulations regarding
street cuts as set forth herein or adopted pursuant hereto.
[Ord. No. 3/13/1996B, § 605]
Each street cut shall require a separate permit; provided, however,
that where several street cuts are to be made by the same person in
a confined area for the same purpose, only one application and permit
shall be required if, in the determination of the Borough Engineer,
the nonrefundable fee payable therewith will cover the cost of issuing
the permit and the expense of inspecting the work.
[Ord. No. 3/13/1996, § 606;
as amended by Ord. No. 01/13/99,
1/13/1999, §§ 1, 3]
1.
Each application will be accompanied by a nonrefundable fee or fees
as may be prescribed by resolution of the Borough Council from time
to time. All fees will be paid to the Borough and will be deposited
into the Borough treasury. The fees for street openings are as follows:
A.
Basic Fee. A basic fee of $30 will be paid for every street opening
permit issued.
B.
Degradation Fee. A degradation fee for the opening of streets which
have been constructed, reconstructed or resurfaced within three years
prior to the date of application. The amount of the degradation fee
shall be determined from Table I, Degradation Fees.[1]
[1]
Editor's Note: If the street opening is for an emergency
repair, the degradation fee for opening pavements less than three
years old shall be 50% of the fees tabulated in Table I.
C.
Inspection fee for sewer lateral connection will be $20. Any other requirements for sewer lateral connections refer to Chapter 18, Sewage and Sewage Disposal, Part 5, Installation, Repair, Maintenance and Connection of Sewer Laterals.
|
Table I Degradation Fees
| |
|---|---|
|
Age of Constructed, Reconstructed or Resurfaced Pavement
(years)
|
Fee Per Square Yard of Opening as Field Measured
|
|
Less than 1
|
$20
|
|
1 but less than 2
|
$15
|
|
2 but less than 3
|
$10
|
|
3 and older
|
$5
|
D.
Inspection Fee. The applicant will be required to pay for an inspection
fee prior to the issuance of any street opening permit. The amount
of the fee will be based upon the total square yards of the street
opening as set forth in Table II below:
|
Table II Inspection Fee
| |
|---|---|
|
Total Square Yards of Street Opening
|
Inspection Fee
|
|
0 to 2
|
$10
|
|
3 to 10
|
$15
|
|
10 to 25
|
$30
|
|
25 to 50
|
$45
|
|
50 to 100
|
$65
|
|
Over 100
|
$65+($1 per square yard over 100)
|
2.
At its 1999 organizational meeting, Wesleyville Borough Council shall
adopt, by resolution, a comprehensive fee schedule establishing the
amount of each fee for the calendar year of 1999. Thereafter, Wesleyville
Borough Council shall at its regular June meetings adopt, by resolution,
a comprehensive schedule establishing the amount of each fee, to be
effective from January 1 through December 31 of the following calendar
year. A written summary of the comprehensive fee schedule shall be
available to the general public at the Borough's office, located
at 3421 Buffalo Road, Wesleyville, PA 16510.
[Ord. No. 3/13/1996B, § 607]
1.
All persons who desire to open a street, except contractors contracted by the Borough, will be required to furnish a properly executed corporate surety bond or cashier's check in an amount based upon the size of the street cut as prescribed in § 21-606 of said Part. Persons such as utility companies or authorities who anticipate the opening of streets on a more frequent basis may provide bonding on a yearly basis. The value of the actual street opening may not exceed 65% of the yearly bond amount. If the 65% figure is exceeded, the amount of bonding will be increased accordingly. All such bonds will be required to be in effect for the duration of the work and for the first 12 months thereafter. The total amount of the bonding will be $1,000.
A.
Insurance. All applicants who desire to open a street within the
curblines or shoulder areas of such street will be required to secure
certificates of insurance. Proof of insurance shall be submitted in
the form of certificates of insurance to the Borough. The certificates
of insurance shall be issued by insurance companies approved by the
Borough[1] and admitted to do business in the State of Pennsylvania.
Minimum amounts of insurance to be maintained are as follows:
|
Manufacturer's or Contractor's Liability
| ||
|
Bodily injury
|
$500,000
|
Per occurrence
|
|
Property damage
|
$250,000
|
Per occurrence
|
|
Contractor's Protective Liability
| ||
|
Bodily injury
|
$500,000
|
Per occurrence
|
|
Property damage
|
$250,000
|
Per occurrence
|
|
$500,000
|
Per occurrence
| |
|
Completed Operations
| ||
|
Bodily injury
|
$500,000
|
Per occurrence
|
|
Property damage
|
$250,000
|
Per occurrence
|
|
$500,000
|
Aggregate
| |
|
Contractors Automobile Liability
| ||
|
Bodily injury
|
$500,000
|
Per occurrence
|
|
Property damage
|
$250,000
|
Per occurrence
|
|
$500,000
|
Aggregate
| |
[1]
Editor's Note: Ord. No. 3/13/1996 read "owner."
2.
The applicant will save and hold harmless the Borough and its employees
from any and all damages and liability by reason of personal injury
or property damage arising from the work done by the applicant under
the provisions of this Part. Furthermore, the Borough of Wesleyville
and its employees and agents shall be named as additional insureds
in the applicant's certificates of insurance.
A.
Specifications.
(1)
Scope. The work to be included under this specification shall
include all labor, materials, appliances and equipment necessary for
excavating and restoring the openings in streets in the Borough of
Wesleyville, Erie County, Pennsylvania.
(2)
Materials.
(a)
Excavation Backfill: AASHTO No. 57 or No. 67 course aggregate
consisting of hard, tough, durable, uncoated, inert particles reasonably
free from clay, silt, vegetation or other substances determined to
be deleterious and in accordance with the latest edition PADOT Publication
408, Section 703.2.
(b)
Bituminous Concrete Base Course (BCBC). In accordance with the
latest edition of PADOT Publication 408, Section 305.
(c)
Bituminous Binder Course, ID-2. In accordance with the most
recent edition of PADOT Publication 408, Section 421.
(d)
Bituminous Wearing Course, FJ-1. In accordance with the most
recent edition of PADOT Publication 408, Section 420.
(e)
Bituminous Wearing Course, ID-2. In accordance with the most
recent edition of PADOT Publication 408, Section 420.
(f)
Bituminous Tack Coat. E-6 or E-8 Bituminous bonding material
in accordance with the most recent edition of PADOT Publication 408,
Section 406.
(g)
Cement Concrete. Class AA cement grade having a minimum fourteen-day
comprehensive strength of 3,000 PSI, and in accordance with the most
recent edition of PADOT Publication 408, Section 704.
(h)
Reinforcement Steel. Grade 60 reinforcement steel in accordance
with the most recent edition of PADOT Publication 408, Section 709.
(i)
Bituminous Sealing Material. Hot bituminous material of the
type and class designated for the wearing course utilized. The use
of Class E-1, E-6 or E-8 emulsified asphalt will be permitted in the
place of the hot bituminous material.
[Ord. No. 3/13/1996B, § 608]
Each applicant shall, prior to doing any work authorized by
a permit, notify the Borough Police Department and the Borough Secretary
of the dates of opening and anticipated closing of the work, the extent
thereof, and the extent that through traffic on any street will be
affected. These notices shall be given as soon after issuance of the
permit as possible and may be given orally or in writing.
[Ord. No. 3/13/1996B, § 609]
During the opening, working upon, and closing of a street cut,
the applicant shall maintain adequate safeguards so as to warn the
public of the excavation.
[Ord. No. 3/13/1996B, § 610]
The Borough Council may by resolution from time to time, upon
recommendation of the Borough Engineer, adopt rules and regulations
regarding the conduct of any work.
[Ord. No. 3/13/1996B, § 611]
1.
Where excavations for new facilities or for repairs is to take place,
the street pavement shall be saw cut to neat lines prior to excavation.
Sawing shall be performed for the full depth of the pavement surface.
2.
All excavated material must be removed from and disposed of off site
in accordance with all local, state and federal regulations. A material
suitable for bedding or insulation may be used for backfill around
and over the facility to a height not to exceed one foot over the
top of the facility and shall be compacted to a minimum of 95% of
the material's dry-weight density, as determined in accordance with
ASTM D698. The bedding and/or insulation material must be free from
all vegetation, organic matter and frozen material. The remainder
of the excavation shall be backfilled with AASHTO No. 57 or No. 67
coarse aggregate. The coarse aggregate must be placed in maximum six-inch
loose lifts and be thoroughly compacted to meet the criteria of nonmovement
under compacting equipment. Compacting shall be achieved utilizing
approved pneumatic and/or vibrator equipment. If wackers or tampers
are used in smaller excavations, the backfill layers shall not exceed
a four-inch depth.
3.
Once the backfill is completed the existing pavement shall be saw
cut full depth back one inch on all sides of the excavation. The excavation
pavement shall be restored by in-kind replacement of the concrete
and or asphalt making up the existing pavement. The finished surface
of the restored asphalt pavements shall be at an elevation of 3/16
inch higher than the adjacent existing pavement. The joint between
new and existing asphalt pavements shall be sealed in accordance with
PADOT Publication 408, Section 401. The saw-cut face of the existing
asphalt shall be cleaned and prepared with E-6 or E-8 tack coat prior
to placement of bituminous materials.
4.
If the pavement restoration is to consist entirely of concrete, the
concrete shall conform to PADOT Publication 408, Class AA cement concrete.
The concrete shall be placed and cured in accordance with PADOT Publication
408, Section 501.
5.
The permittee shall permanently repair all street openings immediately
upon completion of the permitted work except when unfavorable weather
conditions prevent the proper construction of such repairs. In such
cases, the opening shall be repaired temporarily and as soon as weather
conditions permit or, not longer than six months after the completion
of the work, the permanent repairs shall be completed.
6.
The permittee is responsible for providing a smooth riding surface
and proper drainage at all times over the street opening and shall
make required repairs as directed by the Borough.
7.
The permittee will provide a three-year guarantee for all repairs
completed to the streets within the Borough. If settlement occurs
or the pavement repair fails in any fashion during the three-year-guarantee
period, the Permittee will be required to immediately correct such
deficiencies at no expense to the Borough.
[Amended by Ord. No. 2014-003, 5/28/2014]
8.
The surface of the street shall be kept clear of all stones and debris
at all times. Removal of debris shall be performed by sweeping or
other methods, as required.
[Ord. No. 3/13/1996B, § 612]
The Borough and/or its duly authorized representatives shall
have access to the work at all times and the permittee will provide
proper facilities for such access. The presence of the Borough employees
or agents will in no way relieve the permittee of the responsibilities
included under the permit or this Part or be any warrant for the furnishing
of bad materials or workmanship.
[Ord. No. 3/13/1996B, § 613]
1.
Upon any failure of the applicant to comply with any and all provisions of this Part and any and all rules and regulations adopted pursuant hereto, the deposit or bond hereinbefore required shall be forfeited to the Borough of Wesleyville, which will thereupon correct the failure. Any person exempted from the deposit or bond requirement of § 21-607 shall be billed for the cost of work done by the Borough, together with 10% penalty in addition thereto, and shall not again qualify for the deposit or bond exemption until said cost and penalty have been paid in full. Upon full compliance with all the said provisions, rules and regulations, and upon satisfactory completion of the inspection required by § 21-612, the deposit or bond shall be returned to the applicant.
A.
Exception. It shall be unlawful for any person to make any street
opening without first securing a permit from the Borough of Wesleyville,
provided any person maintaining existing pipes, lines or underground
conduits in or under the surface of any street may proceed with an
excavation or opening without a permit when emergency circumstances
demand the work be done immediately for the preservation of the public
health, safety or welfare, provided that a permit could not be reasonably
and practically obtained beforehand. However, such person shall obtain
a permit on the first regular business day, and said permit will be
retroactive to the date when the work began.
B.
Special Conditions. In granting a permit, the Borough may attach
such special conditions thereto as may be reasonably necessary to
protect public and private property.
C.
Borough's Right to Complete Restoration. Whenever final paving
repairs are not completed to the satisfaction of the Borough, the
Borough reserves the right, after notice to the permittee, to complete
the work, including removal of substandard work, and permittee agrees
to reimburse the Borough any actual costs thereof, plus 20%. The decision
of the Borough to exercise its right to have final paving repairs
completed will not revoke the permit, and all the other responsibilities
of the permittee will remain in full force and effect.
[Ord. No. 3/13/1996B, § 614;
as amended by Ord. No. 10112006,
10/11/2006]
Any person who shall violate or fail to comply with any provision
of this Part shall, severally for each and every such violation or
noncompliance, be guilty of a summary offense, punishable by a fine
of not less than $25 or more than $1,000, and costs, or, in default
of payment thereof, shall be subject to imprisonment for a term not
to exceed 30 days. The imposition of a penalty for any violation or
noncompliance shall not excuse the violation or noncompliance or permit
it to continue. Each day that the violation or noncompliance exists
shall constitute a separate offense.
[Ord. No. 3/13/1996B, § 615]
When the need for an excavation within a street is made imperative, it may be made without preliminary compliance with the procedure specified in this Part; provided, however, that the person making the street cut shall first notify the Borough Police Department and, if the emergency arises during normal business hours, shall also notify the Borough Secretary or Borough Engineer. Particular care shall be taken by the person to comply with the requirements of § 21-609 of this Part. As soon as practical, an application shall be filed and this Part shall otherwise be complied with.
