[Adopted 4-23-2008 by Ord. No. 5582; amended in its entirety 1-9-2019 by Ord. No. 5738]
A.
Street openings regulated. Any opening in a right-of-way of the City
of Altoona may not be made or the surface damaged, excavated or removed
by any person, company, utility, or other for any purpose whatsoever,
except as herein provided. This article establishes rules and regulations
for excavating and restoring streets in the right-of-way of the City
which are under the jurisdiction of the Department.
B.
ADA
APPLICANT
APPROPRIATE METHOD
CITY
DEPARTMENT
EMERGENCY
EXISTING FACILITIES
IMPROVED STREET
PA DOT RIGHT-OF-WAY
PENNDOT
PERMANENT RIGHT-OF-WAY
PERMANENT STREET
PERMIT HOLDER
PERSON
STREET
TEMPORARY RESTORATION
UNIMPROVED STREET
Definitions. General. As used in this Article V, the following terms shall have the meanings indicated:
Americans with Disabilities Act.
The person or entity making a request to open a street.
An approved industry standard or approved method.
The City of Altoona.
The Department of Public Works of the City.
Any condition constituting a clear and present danger to
life or property, including but not limited to, escaping gas, exposed
wires or other breaks or defects in the applicant's line.
Any utility structure (i.e., vault, duct, manhole, valve,
etc.)
A street consisting of a stone or asphalt base with an asphalt
or surface-treated wearing course.
Pennsylvania Department of Transportation (PA DOT) right-of-way.
The Pennsylvania Department of Transportation.
Same as "permanent street."
A street with a brick and/or concrete base which may or may
not include asphalt binder and/or wearing course.
The person or entity issued a permit to open a City street.
Includes any individual, corporation, partnership, association,
firm, or other legal entity.
Any City-owned and/or maintained right-of-way, including
alleys.
Placement of three inches of cold patch material until final
restoration is performed.
A street consisting of dirt or stone without a permanent
wearing course.
A.
Application. Any person desiring to disturb, open, excavate, cut,
dig, trench or bore into or under any street in the right-of-way of
the City shall make application and receive a permit from the City
for that purpose. The application shall set forth the name of the
applicant, the exact location of the proposed opening or disturbance
of the surface in the right-of-way, and the approximate size of the
opening or area of the surface proposed to be removed, excavated,
or disturbed. Upon payment of the application fee and approval of
the application by the Department, a permit shall be issued for the
street opening. Applications shall be filed and permits shall be obtained
before the commencement of work, except in the case of emergency work
performed by a public utility. The public utility may proceed with
the work necessary but shall, within the first regular business day,
apply for and obtain a permit. The permit shall include the purpose
of said opening or removal, with the covenant on the part of the applicant
that the work shall be done and executed in full compliance with all
the requirements of the ordinances of the City relating thereto, and
that the applicant will well and sufficiently save, defend and keep
harmless and indemnify the said City of and from all actions, suits,
payments, costs, charges and damages resulting to person or property,
or demands therefor, for or by reason of the proposed opening in or
removal or disturbance of the surface of the right-of-way or in the
prosecution of the work in connection therewith or in any matter or
thing in relation thereto.
B.
Application fee. Application fees shall be established by resolution
of City Council from time to time to cover the cost of restoration
and administrative costs. This fee shall be paid by all persons making
application.
If the proposed opening is to be made in an unimproved right-of-way
(stone or dirt), the permit holder will restore the trench or opening
in such a manner and with such material as will restore the right-of-way
to original if not better condition. All work shall be subject to
these regulations and the inspection and approval of the Department.
All backfill within the right-of-way shall be 2A stone, fully compacted.
All work shall be subject to the inspection and approval of the Department,
and if the permit holder fails to restore the right-of-way to original
if not better condition, the City may do so at its discretion, and
the permit holder will pay the City an amount equal to the cost of
restoration. Before a permit may be issued for opening in an unimproved
right-of-way (stone or dirt), the applicant shall make application
with the City, and pay the sum established by resolution of City Council
and as amended from time to time, the same to cover the cost of administrative
costs and inspection.
A.
Improved right-of-way. If the application is for an opening or disturbance
of the surface in an improved City right-of-way, the application for
the permit shall contain a stipulation that the applicant will refill
the opening, below grade, with 2A stone, fully compacted. Restoration
and paving material will be per this article and/or as directed by
the Department. A permit must be issued for any opening in or for
the removal of any part of the surface of an improved right-of-way.
The applicant shall pay, the City, the sum established by resolution
of City Council as amended from time to time for each square yard
estimated to be removed or disturbed for the restoration of the surface
of the right-of-way. All street cuts will be calculated and charged
to the nearest 1/2 yard. As soon as practicable after the completion
of the work, but in no case longer than 24 hours, the permit holder
shall place cold patch in the cut to a depth of three inches. The
City shall do final repairs to the street removed by the permit holder
with the same kind of materials as were removed therefrom. If the
square yardage of such repairs is less than the amount of the estimate
made by the applicant, as soon as the repairs are completed, the City
shall refund to the permit holder the amount of the deposit in excess
of the actual cost of making such repairs, but in no instance shall
the City charge less than the actual amount of the repairs or a minimum
of four square yards, whichever is greater. If the cost of the said
repairs exceeds the amount of the estimate, the applicant, upon completion
of said repairs, shall pay to the City the amount of the cost in excess
of the estimate. Final restoration of an improved street opening will
include a minimum of six-inch base, 1 1/2-inch wearing course,
as well as tack coat and AC Joint sealant of the cut. Prior to final
restoration a twelve-inch cutback shall be made on all sides of the
cut; cutback to include saw cutting and removal of material to the
subbase. The City at its discretion may allow or direct the permit
holder to restore the street opening or to pave the street or portions
thereof if so directed. All work will be completed as per this article,
and these regulations as well as the specifications and orders of
the Department.
B.
Permanent right-of-way. If the application is for an opening or disturbance
of the surface in a permanent City right-of-way, the application for
the permit shall contain a stipulation that the applicant will refill
the opening, below grade, with 2A stone, fully compacted. Restoration
and paving material will be per this article and/or as directed by
the Department. A permit must be issued for an opening in or the removal
of a part of the surface of a permanent right-of-way; the applicant
shall pay the City of Altoona, Pennsylvania, the sum established by
resolution of City Council and as amended from time to time for each
square yard removed or disturbed for the restoration of the surface
of the right-of-way. All street cuts will be calculated and charged
to the nearest 1/2 yard. As soon as practicable after the completion
of the work, but in no case longer than 24 hours, the permit holder
shall place cold patch in the cut to a depth of three inches. The
City shall do final repairs to the street removed by the permit holder
with the same kind of materials as were removed therefrom. If the
square yardage of such repairs is less than the amount of the estimate
made by the applicant, as soon as the repairs are completed, the City
shall refund to the permit holder the amount of the deposit in excess
of the actual cost of making such repairs, but in no instance shall
the City charge less than the actual amount of the repairs or a minimum
of four square yards, whichever is greater. If the cost of the said
repairs exceeds the amount of the estimate, the applicant, upon completion
of said repairs, shall pay to the City the amount of the cost in excess
of the estimate. Final restoration of an improved street opening will
include a minimum of eight-inch concrete base (PennDOT Class A) or
bituminous base course, two-inch bituminous binder course, 1 1/2-inch
bituminous wearing course, including tack coat and AC Joint sealant
of the cut. Prior to final restoration a twelve-inch cutback shall
be made on all sides of the cut; cutback to include saw cutting and
removal of material to the subbase. The City at its discretion may
allow or direct the permit holder to restore the street opening or
to pave the street or portions thereof if so directed. All work will
be completed as per this article, and these regulations as well as
the specifications and orders of the Department.
C.
PA DOT right-of-way. If the opening, removal, or disturbance is in
a permanent state right-of-way or any part of the state right-of-way,
the applicant shall acquire the required highway occupancy permit
(HOP) from PennDOT. The permit holder or their contractor will repair
the opening in the state right-of-way with the material and in accordance
with the HOP and PennDOT.
D.
Alleys. For any opening in an alley right-of-way, all of the above
provisions shall apply with reference to unimproved, improved, and
permanent rights-of-way.
E.
Newly paved streets. New paving shall not be opened for a period
seven years after completion thereof except in case of an emergency;
the necessity thereof to be determined by the Department. If new paving
is opened, the Department reserves the right to require the milling
and repaving of the entire street or any portion(s) thereof, at its
sole discretion, in order to return the roadway to its prior integrity.
F.
Permit holder to restore or pave. The City at its discretion may
require, direct or allow the permit holder to restore any street opening.
In the case of recently paved streets or large street openings, the
City may direct the permit holder to mill and repave the entire street
or portions thereof. Refer to the Appendix for details on requirements
for repaving streets or portions thereof.[1]
[1]
Editor's Note: Said appendix is included as an attachment to this chapter.
G.
Separate agreements. The City may entertain a request to enter into
a cooperative agreement with one or more utilities with regard to
cost sharing for the milling and/or paving of an entire street in
lieu of trench restoration.
H.
Settlement of disturbed area and maintenance of pavements. The permit
holder is responsible for any settlement of the disturbed area (cut),
or other defect within two years from the date of completion. The
permit holder is responsible to rectify the same within 24 hours following
written notice from the City to do so. All restored pavements shall
be maintained to the Department's satisfaction as required by this
article, but in no case for a period of less than 18 months, the performance
of same shall be secured by a maintenance bond approved by the Department.
Permit holders shall make any required repairs to pavements within
30 days of receipt of the Department's notice.
I.
Timing of restoration by department. Between October 31 and April
15 of each year, permanent restoration of all street openings by the
Department will cease. All permit holders or utilities making cuts
during this period will be responsible for temporary restoration and
for maintaining these cuts during this period or time frame. If directed
by the Department the permit holder shall make repairs to any cut
as soon as possible, but in no case longer than 24 hours after receipt
of the Department's notice.
J.
Interference with existing facilities. New facilities shall not interfere
with existing facilities, or their connections, except where absolutely
necessary, and then only with the previously written consent of the
affected facility (utility).
K.
PA One Call. The permit holder shall contact the PA One Call system
requesting that any facility owner having facilities within the proposed
excavation area provide information regarding the location of existing
facilities. In accordance with PA Act 287 as amended, a facility owner
must respond to all requests.
L.
Accessibility of rights-of-way. All walkways, gutters, inlets, or
any portion of streets adjoining the work or in its vicinity shall
be kept free of obstructions and debris to the greatest extent possible.
Lawns or grass plots shall not be used for storage purposes. On improved
and permanent streets, the materials, tools, and equipment required
in connection with the work shall be neatly and properly stored and
any sidewalk shall, at all times, be maintained in such a manner as
to have a pathway safe for pedestrian traffic which shall be at least
five feet in width.
M.
Inspection and inspection fees. The City reserves the right to inspect
all or any portion of the proposed work performed within the right-of-way.
The City shall charge for inspection per the rate established by resolution
of City Council and revised from time to time to cover the cost of
inspection of all work performed in accordance with this article.
N.
Related restorations items.
(1)
Appendix. Refer to the appendix for illustrations and details which
depict the limits required for restoration and repaving of streets
based on cut location, size, and amount of excavation.[2]
[2]
Editor's Note: Said appendix is included as an attachment to this chapter.
(2)
Saw cutting and cutback. All street openings and excavations shall
be saw cut cleanly and in straight lines perpendicular and parallel
to the curb. A one-foot (twelve-inch) minimum cutback is required
on all sides of the cut. The cutback will be required to be trimmed
to the widest part of the trench and include any broken part of an
edge.
(3)
Repair or replacement of traffic signal loops. The permit holder
is responsible for any damage or disruption to any traffic signal
loop(s), and is responsible for the replacement of same.
(4)
Damage to utilities. The permit holder is responsible for any damage
caused, including but not limited to all utilities encountered during
excavation, boring, or any other construction method.
(5)
Drill holes, test pits, etc. Drill holes, test pits, or other small
openings must be repaired in accordance with the appropriate method
and in a timely manner.
(6)
Crosswalks and pavement markings. Any crosswalk or street marking
that was disturbed must be replaced in-kind by the permit holder.
This includes, but is not limited to, stop bars, center lines, edge
lines, lane lines, arrows, crosswalks and parking stalls.
(7)
Restoration of disturbed shoulder area. Reconstruct shoulder to a
four-foot width with a nine-inch depth of PennDOT 2A aggregate at
a cross slope of one inch per foot.
(8)
Street Closure. Prior to the closure of any right-of-way, street,
avenue, or alley, the permit holder must notify the Blair County 911
center (non-emergency number) and the City Police Department. If so
directed by the Department, a street closing permit shall be obtained
from the Altoona Police Department.
(9)
Special pavement material. Any pavement made of special material
shall be replaced in kind, including but not limited to brick pavers,
colored concrete or asphalt, and stamped concrete or asphalt.
(10)
Asphalt in lieu of concrete. On permanent streets, the City,
at its discretion, may allow or direct the use of asphalt base course
in lieu of class A concrete.
(11)
Tack coat and joint sealant. The permit holder is required to
apply a tack coat between asphalt material types (i.e., base and wearing
courses), as well as on the vertical edges of the cut prior to asphalt
patching. Following the completion of asphalt restoration, a twelve-inch-wide
coating of joint sealant shall be placed around the perimeter of the
cut.
(12)
Sidewalks and ADA ramps. The permit holder will be required
to replace in-kind and depth any sidewalk that is disturbed to an
equal or better condition. In the case of ADA ramps, or any portion
thereof that is removed, the permit holder will be responsible to
replace the ramp in its entirety to the current ADA standards.
(13)
Use of metal plates. The use of metal plates to cover excavation
openings are allowable with the following conditions: Plates must
extend at least 12 feet beyond the edge of the excavation in all directions.
For short-term a plate may be placed on the road to cover an excavation
opening for a period of 24 hours or less. For long-term, greater than
24 hours, plates must be attached or secured to the roadway by a Department-approved
method. Asphalt or cold patch must be placed around the perimeter
to ensure smooth riding and safe conditions. The use of plates are
not permitted between October 15 and April 1 without written permission
from the Department.
(14)
Pictures and/or video. For projects greater than 300 L.F. the
permit holder will be required to take pictures or a video of all
existing conditions within the project limits. This would include,
but not be limited to, roadway, curbing, driveways, shoulders, and
any other features that would or could be impacted by the proposed
work.
All trenches or openings in the rights-of-way of the City shall
be filled with 2A stone, fully compacted. If in the judgment of the
Director of the Department any unsuitable material was or is being
employed in the filling of any trench or trenches, the rejected material
shall be removed and the trench or trenches refilled with material
approved by the Department.
A.
Continuous opening. If the application is for the laying of any main
or conduit in any right-of-way, and the line of said main or conduit
be continuous, a permit may be granted for the continuous opening
if the applicant pays to the City such sum as may be determined by
the Department to be sufficient to cover the costs of inspection and
of the repairs to and replacing of the surface of the right-of-way
with the same kind of materials as were removed therefrom.
B.
Mains or conduit in the shoulder or sidewalk. Any opening for a main
or conduit running approximately parallel with the centerline or longitudinal
with the street and located in the shoulder, sidewalk, or sidewalk
area within the right-of-way will require a street opening permit.
If the proposed opening is to be made in the right-of-way (shoulder
or sidewalk), the permit holder will restore the trench or opening
in such a manner and with such material as will restore the right-of-way
to a condition equal to or better than the existing condition. All
backfill within the right-of-way will be 2A stone. The permit holder
will be responsible for replacement in kind of the right-of-way surface,
i.e., stone shoulder to be 2A stone, grass to be grass, concrete sidewalk
to be Class A concrete, etc. If the permit holder fails to restore
the right-of-way to a condition equal to or better than the existing,
the City may do so at its discretion, and the permit holder shall
pay the City an amount equal to the cost of restoration. Before a
permit may be issued for the opening, the applicant shall make application
to the City and pay the sum established by resolution of City Council
and as amended from time to time, the same to cover administrative
costs and inspection.
An opening in a street measured from the curbline or edge of
cartway shall not extend in the cartway a distance greater than one
foot beyond the center line of said street before being backfilled
and the surface of the highway restored to a condition safe and convenient
for travel. When an opening is made upon one side of a street, the
said opening shall be refilled and the surface of the street restored
to a condition safe and convenient for travel before an opening may
be made opposite thereto or within 50 feet on the opposite side of
the same street. Not more than 300 feet longitudinally shall be opened
in any street at any one time.
A.
Signs and barriers. Work zone traffic control must be in accordance
with the Manual for Uniform Traffic Control Devices (MUTCD) as well
as PennDOT publications 212 and 213. If qualified flaggers are required
or utilized, they shall be provided by the permit holder. When and
during the period that a right-of-way or part thereof is so closed
to traffic, no person shall ride, drive upon or otherwise use the
same, and the signs, barriers or lights indicating the closing of
the right-of-way to traffic shall not be removed, destroyed, defaced,
damaged or in any manner interfered with.
B.
Safeguarding excavation and obstructions on City streets. No person
making any excavation in or placing any obstruction upon any street
or other public way of the City shall fail to safely guard such excavation
or obstruction by signs and barriers, in accordance with the Manual
on Uniform Traffic Control Devices (MUTCD) and PennDOT Publications
212 and 213.
All materials shall be in accordance with PennDOT Bulletin 15
and PennDOT Specifications 408.
Unless waived by prior agreement with the Department, a permit
issued under the provisions of this article shall not be valid until
the applicant pays to the City the amount herein specified and the
City issues its receipt of said amount.
Notice of work. The permit holder, utility, or contractor performing
work involving one block or more shall give timely notice to all persons
owning property abutting on any right-of-way where work will occur.
Other departments of the City shall not be required to apply
for or take out permits to make openings in the rights-of-way. However,
no opening shall be made by any department of the City without the
approval of the director of the Department and until a statement in
writing shall be filed with the Department setting forth the department
of the City to make the proposed opening and the location and purpose
thereof.
A.
Violations. Any person, firm or corporation who shall violate any
provision of this article shall be, upon conviction thereof, sentenced
to a fine of not less than $200 nor more than $1,000 plus costs or
to a term of imprisonment not to exceed 90 days, or both. Each day
that a violation of this article continues shall constitute a separate
offense.
B.
Repeated violations. The City may refuse to issue permits to any
applicant who has violated these regulations and after notification
by the Department has failed to comply with its regulations. The Department
may also refuse to issue permits to applicants who have not completed
past work, caused damages, or who owe money for damages corrected
by the City.
The provision of this article shall not apply to the opening
of the surface of any alley for the erection or location of any telephone,
electric, light, or other pole or poles, unless the locating or relocating
of any pole or poles requires trenching, in which case a permit must
be procured as herein required.
