This article shall be known and may be cited as the "Utility Cut Ordinance" or "Pave Cut Ordinance." It shall apply to any newly paved street protected by the six-year moratorium. All other excavation permits will comply with existing ordinances.
[Adopted 11-16-1995 by Ord. No. 95-18 as Ch. 208, Art. II, of the 1995 Code; amended in its entirety 3-11-2020 by Ord. No. 2020-5[1]]
[1]
Editor's Note: Ordinance No. 2020-5 also stated: "It is to be initially noted that there is a six-year moratorium for any excavation on any newly paved street. Only emergency excavations will be permitted during the moratorium."
A.
The word "shall" is always mandatory and not merely directory.
B.
Whenever in this article the words "directed," "required," "permitted," "ordered," "designated," "prescribed" or words of the like import are used, it shall be understood that the direction, requirement, permission, order, designation, or prescription of the City Engineer is intended; and, similarly, the words "approved," "acceptable" or "satisfactory" or words of like import shall mean approved by, acceptable to or satisfactory to the City Engineer.
C. APPLICATION FOR A PAVE CUT PERMIT CAPITAL IMPROVEMENT CITY CITY PAVE CUT LOG CURB TO CURB EMERGENCY REPAIR FACILITIES INSPECTION LOCAL ASPHALT PLANT MUNICIPAL CORPORATION PAVEMENTS PENNDOT PERSON PUBLIC UTILITY(1) (a) (b) (c) (d) (e) (2) (a) (b) (c) SERVICE SPECIAL PAVEMENT STREET UTILITY RELOCATION WORK
The following words, terms and phrases when used in this article shall have the meaning ascribed to them in this section, except where the context clearly indicates a different meaning:
A form provided to the utility by the City noting pertinent data for the purposes of inspection and control by the City and constituting a receipt for services performed by the City.
Preplanned to improve or upgrade an existing system or to install a completely new system providing new and additional service.
The City of Hazleton.
A chronological record of pave cuts as reported to the City, containing pertinent data as required by the City for the purposes of inspection and control.
The distance of roadway expanding from walkway to walkway.
[Added 1-23-2024 by Ord. No. 2024-6]
Work necessitated by the rupture or sudden malfunction of existing underground facilities.
All the plant and equipment of a public utility, including all tangible and intangible real and personal property without limitations and any and all means and instrumentalities in any manner owned, operated, leased, licensed, controlled, furnished or supplied for, by or in connection with the business of any public utility.
A careful or critical investigation not necessarily confined to optical observation but is understood to embrace tests and examination for the purpose of ascertaining quality and compliance as prescribed in this Act and discovering and correcting errors.
Any asphalt plant located within 20 miles of the City of Hazleton.
[Added 1-23-2024 by Ord. No. 2024-6]
All cities, boroughs, towns, townships or counties of this commonwealth and also any public corporation, authority or body whatsoever created or organized under any law of this commonwealth for the purpose of rendering any service similar to that of a public utility. For the purpose of this article, "municipal corporation" shall mean the City of Hazleton.
Riding surfaces of machine-laid asphalt over a base of concrete, brick, Belgian block, crushed stone, bituminous concrete or oil and stone.
The Commonwealth of Pennsylvania Department of Transportation.
Individuals, partnerships or associations other than corporations and includes their lessees, assignees, trustees, receivers, executors, administrators or other successors in interest.
Persons or corporations now or hereafter owning or operating in the commonwealth equipment or facilities for:
Producing, generating, transmitting, distributing or furnishing natural or artificial gas, electricity or steam for the production of light, heat or power to or for the public for compensation.
Diverting, developing, pumping, impounding, distributing or furnishing water to or for the public for compensation.
Transporting or conveying natural or artificial gas, crude oil, gasoline or petroleum products by pipe lines or conduit for the public for compensation.
Conveying or transmitting messages or communications by telephone or telegraph to the public for compensation including cable television signals.
Sewage collection, treatment or disposal for the public for compensation.
The term "public utility" shall not include:
Any person or corporation not otherwise a public utility who or which furnishes services only to himself or itself;
Any bona fide cooperative association which furnishes services only to its stockholders or members on a nonprofit basis; or
Any producer of natural gas not engaged in distributing such gas directly to the public for compensation.
Used in this article in its broadest and most inclusive sense and includes any and all acts done, rendered or performed and any and all things furnished or supplied and any and all facilities used, furnished or supplied by public utilities in the performance of their duties under this article to their patrons, employees, other public utilities and the public, as well as the interchange of facilities between two or more of them.
Riding surfaces of concrete, brick, Belgian block or cobblestone.
Includes any street, highway, road, lane, court, alley or place of whatever nature, whether dedicated or not, open to the use of the public as a matter of right for purposes of vehicular travel.
The adjustment, replacement or relocation of utility facilities as required by street construction or repaving projects, such as removing or reinstalling the facility, acquiring the necessary rights-of-way, moving or rearranging existing facilities, changing the type of facility and any necessary safety and protective measures. It shall also mean the construction of a replacement facility functionally equal to the existing facility where necessary for the continuous operation of the utility service, the project economy or sequence of street construction.
The furnishing of all materials, labor, equipment and other incidentals necessary or convenient to the successful completion of the project and the fulfillment of all duties and obligations imposed by this article.
A permit must first be obtained before any opening can be made in any paved thoroughfare, cartway or sidewalk in the City. Each permit shall cover a maximum roadway opening of 50 square feet. Fees must be paid at the time the permit is issued. Excluded from the permit requirement shall be any work in a highway under the jurisdiction of the Pennsylvania Department of Transportation.
A.
Applications for a pave cut permit shall be available from the City of Hazleton, City Engineer's office, City Hall, 40 North Church Street, Hazleton, Pennsylvania. An authorized agent of a utility or contractor may complete said application at the City Engineer's office. This shall be done a minimum of 24 hours in advance of a planned excavation.
[Amended 1-23-2024 by Ord. No. 2024-6]
B.
Applications may also be accessed on the City of Hazleton website, under permits. Prior authorization must be granted before accessing this format. A "MuniciPay" account must be established authorizing online payments prior to applying for a permit. Authorization forms will be available by contacting the Engineers office. MuniciPay account registration forms will be available at the City Administration office. All accounts must be preapproved by the Mayor.
In the case where an emergency repair, as hereinbefore defined, is found, the utility shall first notify the City Engineer or his designate and inform him that an emergency exists. When the emergency occurs after normal City Hall working hours, on weekends and holidays, the same persons must be notified. Any emergency at the above times shall be reported to the Police Department. The Police Department will report same to the Engineer's office on the following workday. Emergency pave cuts shall be recorded in the City pave cut log at the start of the next business day following the emergency.
Pave cuts necessitated by City-sponsored public improvements will be on a non-fee basis but limited to a specific contract area. Work done outside a project area will require a permit fee. A list noting exact locations and dimensions of all such cuts shall be submitted to the City Engineer at the completion of work. Notification will be required for any pave cuts made in state highways located within the City for which a highway occupancy permit has been issued.
All work done without a permit shall be subject to a penalty plus regular fees, as stated on application.
[Added 1-23-2024 by Ord. No. 2024-6]
The applicant shall protect, defend, indemnify and save harmless the City, its officers and/or agents thereof from all claims, suits, actions and proceedings of every nature and description which may be brought against the City, its officers or agents thereof for or on account of any injuries or damages to persons or public or private property because of any materials or appliances used in the work or by or on account of improper materials or workmanship or for or on account of any accident or any other act, negligence or omissions of said applicant or his agents, servants or employees, and the City shall not in any way be liable therefor during the period of the work progress and the one-and-one-half-year guaranty period following the completion of the work.
B.
Evidence of insurance in the form of a certificate or letter executed by a duly authorized representative of the applicant's insurance carrier shall be submitted to the City Engineer's office each January 15. Said evidence of insurance must include the provision that the City shall be given proper advance notice of at least 30 days of cancellation or any material alteration in the applicant's policy.
During the progress of the work, the applicant shall provide and maintain such barricades, warning signs and flag persons necessary to prevent accidents to the public and/or adjoining tenants. Minimum precautions must include, but should not be limited to, advance warning signs on all approaches to the work, safe crossing for pedestrians each 300 feet and barricades with flashers on each exposed side at fifty-foot intervals. All precautions shall be in accordance with the Manual of Uniform Traffic Control Devices as adopted by the United States Department of Transportation Federal Highway Administration, 1971, Part IV, Traffic Controls for Street and Highway Construction and Maintenance Operations. If, in the opinion of the City Engineer or his designated representative, there is a need for additional signs, barricades, flag persons or other protective measures, then the applicant must supply the same as directed by the City.
No street in the City of Hazleton may be completely closed to traffic at any time. One lane of traffic must be able to pass unobstructed at all times. Flag persons must be posted at the limits of work at all times to direct traffic through the work area, and all established traffic patterns must be maintained at all times. If all other means of traffic control have been exhausted, the City may permit a road to be completely closed temporarily only with the consent of the City Engineer, Fire Chief and Police Chief. When an emergency exists, the Police and Fire Departments shall be notified in advance of the closing of any street.
[Amended 1-23-2024 by Ord. No. 2024-6]
A.
The utility or contractor shall be required to complete the temporary restoration within five days of issuance of the permit or 48 consecutive hours of the initial cut, whichever comes first, during the normal working week, excluding holidays and weekends. Extension time may be allowed upon appeal to the City Engineer's office, provided that the contractor substantiates sufficient reasons for the extension required.
B.
Work on long cuts, those over 25 feet in length, shall proceed in a continuous manner. Permits for long cuts or capital improvements will not be granted during the months of November through March, except by written permission from the City Engineer's office. The utility or contractor shall coordinate planned cuts in the City streets with the paving program of the City. A construction schedule comprising planned cuts shall be submitted to the City Engineer as they become available. The City will provide a paving program for a one-year period to the utilities prior to April 15. Prior to April 1 of each year, all utility companies must file with the City Engineer their detailed schedule for utility cuts in streets to be paved by the City. All utility cuts must be completed well in advance of the City's paving program. Changes in the utilities' schedule of planned cuts shall require confirmation from the City Engineer. Changes in the City's paving program shall be submitted to all utilities at the earliest possible date to permit the utilities to adjust their respective schedules.
A PA One Call (811) for excavation location must be registered prior to initiation of excavating. All excavations shall be commenced and completed by the use of reasonable work force. In congested areas and the central business district, the City may limit work to other than normal daytime working hours. Further, at the cessation of work, adequate steel plates or wooden planking may be required over the excavation while it is not being worked to ensure full traffic flow. The maximum length of the opening in the roadway shall be 100 feet, unless otherwise permitted, in writing, by the City Engineer.
In peak traffic areas, all excavated material shall be removed daily at the cessation of work. All gutters and drainage devices shall be kept clean of all debris and excavated material. Fire hydrants adjacent to the work shall be at all times readily accessible to fire apparatus, and no materials or obstructions shall be placed within 15 feet of any hydrant.
Material which is unsuitable and any surplus of excavated material shall be considered waste and shall be disposed of by the utility or contractor beyond the project limits. In no case shall waste material be left at the work site.
Power-driven saws or air hammers shall be used on all cuts in Portland cement or asphalt pavements. The cuts must be of sufficient depth to provide a smooth edge. Openings in brick or Belgian block-based streets shall be of sufficient width to expose 1/2 row of undisturbed interlocking stone. No pavement busters, such as drop hammers, hoe rams and the like, shall be used without the written permission of the City Engineer.
The removed riding surface of brick, Belgian block or cobblestone, tiles or other special surface shall be preserved at the work site for restoration after the opening has been backfilled.
The contractor shall provide all necessary pumps, dams, drains, ditches, flumes, well points and other means for excluding and removing water from trenches and other parts of the work and for preventing the slopes from sliding or caving. The contractor shall furnish and employ such stay-bracing, sheeting, shoring, pumps, etc., as may be necessary for the proper completion of work, the protection of property and the safety of the public and employees of the contractor and the City; all in accordance with the current regulations of the applicable safety code and pertinent local, state or federal ordinances and regulations. Note that the words "sewer/pipe/culvert/conduit" are used interchangeably herein.
In the event that a cut is made and, upon inspection, damage to another utility's underground facilities is discovered, it shall be the responsibility of the party making the cut to contact the City Engineer and all concerned pertinent utilities to instruct them to have representatives inspect the condition before any backfilling is begun. The flow of all sewers, drains, house connections, utility lines and laterals and watercourses met with shall be maintained and provided for by the contractor without damage or nuisance to other parties. All connections shall be restored.
Native trench materials will not be allowed to be used for backfill. They must be trucked away from the site by the contractor. All backfill shall be flowable fill meeting the requirements of Section 220 of PennDOT Form 408 Specifications. Temporary patching materials shall be either a winter-mix asphalt material or a PennDOT-specified hot asphalt material as approved by the City. Winter-mix material shall only be used between October 15 and April 1.
Backfill composed of Flowable Fill, in accordance with PennDOT Form 408, Section 220, is required. No other form of backfill will be acceptable. All voids along the sides of the trench, behind sheeting, under bracing or other objects, shall be completely and carefully filled.
A.
All temporary trench and pavement restoration shall comply with the following rules and drawings attached to this article.
B.
All disputes or clarifications will be addresses by the City Engineer's Office.
(1)
Minimum 2.0 feet cut back from edge of disturbed pavements.
(2)
Only flowable fill, in accordance with PennDOT 408, Section 220, is approved as trench backfill, NO EXCEPTIONS. Minimum twenty-four-hour cure time, based on seasonal conditions. A thirty-six-hour cure time may be required during winter conditions. Trench plating will be acceptable upon approval from City Engineer's office. Special conditions may be implemented based on weather conditions. Traffic M&P must be maintained in accordance with PennDOT Publication 203 during construction time.
(3)
Install seven inches of BCBC to original surface grade, seal all edges with AC-20.
The site of the work will be cleaned of all rubbish and surplus or unsuitable materials and promptly restored to its original condition as backfilling proceeds and work progresses. Pavements adjacent to the site of the work shall be constantly swept so as to prevent scarring of the pavement by scattered stones.
A.
All permanent trench and pavement restoration shall comply with the following rules and drawings attached to this article.
B.
All disputes or clarifications will be addressed by the City Engineer's Office.
(1)
Mill 1-1 1/2 (minimum) of paving for entire designated area.
(3)
If distance of 25 feet or less is encountered between a joint from a previous excavation or the nearest intersection, then milling area will be extended to that defining line.
(4)
Butt joints shall consist of a vertical (90°), either milled or saw-cut edge. Concave edges will not be acceptable.
(5)
Paving contractor shall employ the use of a ten-foot straight edge to ensure an even transverse joint when abutting existing paving.
(6)
All permanent paving procedures shall be in compliance with the PennDOT 408.
[Added 1-23-2024 by Ord. No. 2024-6]
Timeline for permanent restoration must be completed within 90 days of the initial cut or 30 days of a local asphalt plant opening. Any delay or failure of restoration will be reported to the pertinent utility, and repairs by the utility will begin within 24 hours after notification. Upon failure of the utility to repair the cut in a satisfactory manner, the municipality shall have the option to do the work or to contract to complete the work and bill the utility for the costs of permanent restoration, plus 20%. In addition, penalties for noncompliance shall be levied against the utility or contractor.
The permanent restoration of special type pavements, such as concrete, brick, Belgian block, cobblestone gutters or tiles, shall consist of re-laying the original wearing course in accordance with the original installation specifications in such a manner as to prevent settlement or other deterioration.
The City Engineer or his designate may inspect all cuts and an inspection fee shall be charged. Such inspection fees shall constitute acceptance and approval of work performed by the utility or contractor, but it is understood that such acceptance and approval does not relieve the utility of any responsibility under this article throughout the guaranty period.
Upon notification from the City Engineer of a planned street resurfacing or reconstruction, all utilities will be required to test their lines and services and to schedule necessary capital improvements and service connections prior to resurfacing or reconstruction. Thereafter, cuts will be permitted in the new pavement only in an emergency. Pave cuts made in new pavement shall be subject to a penalty (see above). Essential services for new building construction will be exempt from this penalty. New construction shall not include the addition of an alternate or secondary source of fuel, water, heat or other service not included in the original construction or regarded as essential to the original construction. Pavement shall be considered new for a period of six years from the date of placement.
No limestone or monument in the City of Hazleton may be removed, altered or buried at any time. When pave cuts or road construction require the temporary removal of a limestone or monument, it must be preserved at the site and reset at the direction of the City Engineer. All costs incident thereto, including surveys, shall be charged to the utility or contractor. A penalty shall be imposed for failure to report the removal or alteration of a limestone or monument. Burial of paving over a limestone or monument shall carry a penalty for each stone or monument covered. In addition, all cost incidental to exposing and/or resetting a limestone or monument shall be charged to the utility or contractor.
A.
Processing and issuing an excavation permit: $175 for the first 50 square feet and $100 for every subsequent 50 square feet of increment thereof.
B.
Processing and issuing a permit to close a road: no charge.
C.
Material and/or other testing: at cost.
D.
Inspection: $65 per hour (one-hour minimum).
E.
Failure to obtain permit: $750.
F.
Failure to make corrections upon written notification from the City: $100 per calendar day.
G.
GIS documentation fee: $20 per permit.
H.
Processing and issuing and excavation permit in a newly paved or constructed street: $1,500 for the first 50 square feet and $400 for every subsequent 50 square feet or increment thereof.
A street shall be considered newly paved or constructed for a period of six calendar years subsequent to project completion. A list of these streets will be on file at the City Engineering Office.
A.
Except in the case of emergencies, all applications for excavation must be received by the Office of the City Engineer no later than 48 hours prior to the initiation of work. No work shall be authorized until an application signed by the City Engineering Office is received by the applicant. Initiation of work prior to the applicant receiving a copy of the signed permit application will be considered failure to obtain a permit and be subject to the fines outlined above, in addition to application and inspection fees.
B.
In the case of emergencies, the following will apply:
(1)
If emergency repair work is to occur during daytime working hours, an application is to be received by the City Engineering Office that working day by 4:00 p.m.
(3)
If emergency repair work needs to occur during weekends, holidays or off hours, an application must be received by the City Engineering Office on the first normal workday following the emergency repair, at which time an inspection of the repair to the City street will occur.
[Added 1-23-2024 by Ord. No. 2024-6]
The utility and/or its contractor must replace, in kind, all pavement markings damaged or removed by pave cuts and work incident thereto. All markings must be replaced within five days after permanent restoration. Should the contractor fail to replace the same, the municipality shall contract to have the necessary repairs made and bill the utility for the costs of the work, plus 20%.
[Added 1-23-2024 by Ord. No. 2024-6]
A.
When work performed by a utility or contractor under this article is found in violation of the same, the contractor or utility may be given the opportunity to make corrections as required by the municipality. If the corrections are not completed in the specified time or not completed as specified, the municipality may suspend all work, whether completed or in progress, in noncompliance with this article and take appropriate safety precautions. All work performed or contracted by the municipality to attain compliance in this regard shall be billed to the utility or contractor, plus 20%.
[Added 1-23-2024 by Ord. No. 2024-6]
The municipality reserves the right to bar any contractor or his employee from working within the municipal limits whose work is found in noncompliance with this chapter. The municipality reserves the right to refuse issuance of additional permit(s) to any applicant who fails to maintain pave cuts in accordance with this chapter.