[Adopted 2-11-1975 by Ord. No. 481 (Ch.
XXI, Part 1, of the 1975 Code of Ordinances)]
[Amended 5-11-2020 by Ord. No. 788]
A.
Word usage. The following words, terms and phrases, when used in
this article, shall have the same meanings ascribed to them in this
section, except where the context clearly indicates a different meaning.
The word "shall" is always mandatory and not merely directory. Whenever
in this article the words "directed," "required," "permitted," "ordered,"
"designated," "prescribed" or words of like importance are used, it
shall be understood that the direction, requirement, permission, order,
designation, or prescription of the Borough Engineer is intended,
and similarly, the words "approved," "acceptable," "satisfactory"
or words of like import shall mean approved by, acceptable to or satisfactory
to the Borough Engineer.
B.
APPLICATION FOR A PAVE CUT PERMIT
BOROUGH
CAPITAL IMPROVEMENT
EMERGENCY REPAIR
FACILITIES
INSPECTION
MUNICIPAL CORPORATION
PAVE CUT LOG
PAVEMENTS
PERSON
PUBLIC UTILITY
(1)
(a)
(b)
(c)
(d)
(2)
(a)
(b)
(c)
SERVICE
SPECIAL PAVEMENT
STREET
UTILITY CORRIDOR
UTILITY RELOCATION
WORK
As used in this article, the following terms shall have the meanings
indicated:
A form provided the utility by the Borough noting pertinent
data for the purposes of inspection and control by the Borough and
constituting a receipt for services performed by the Borough.
The Borough of Derry.
Preplanned to improve or upgrade an existing system or to
install a completely new system providing new or additional service.
Work necessitated by the rupture or sudden malfunction of
existing underground facilities.
All the plant and equipment of a public utility, including
all tangible, real and personal property, without limitation, 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; provided, however,
that no property owned by the Commonwealth of Pennsylvania, or any
municipal corporation thereof, at the date when this article becomes
effective shall be subject to any of the terms of this article, except
as elsewhere expressly provided herein.
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 article and discovering and correcting errors.
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
Borough of Derry.
A chronological record of pave cuts as reported to the Borough
containing pertinent data as required by the Borough for the purposes
of inspection and control.
Roadway surfaces of machine-laid asphalt over a base of concrete,
brick, Belgian block, crushed stone, bituminous concrete, or oil and
stone.
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 this 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.
Conveying or transmitting television or radio signals by cable
to the public for compensation.
Sewage collection, treatment or disposal for the public for
compensation.
The term "public utility" or "utility" shall not include:
Any person or corporation, not otherwise a public utility, who
or which furnishes services to only himself or itself.
Any bona fide cooperative association which furnishes services
only to its stockholders or members on a nonprofit basis.
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.
Roadway surfaces of concrete, brick, Belgian block or cobblestone.
Includes any street, highway, road, land, court, alley or
place of whatever nature, whether dedicated or not, open to the use
of the public as a matter or right for purposes of vehicular travel.
An area within any public right-of-way, usually underground,
but not limited to same, reserved for and assigned to a specific utility
by the Borough Engineer; the area to be used by the specified utility
for placing and operating its facilities for transmitting and distributing
its particular commodity or service.
Includes the adjustment, replacement or relocation of utility
facilities as required by a street construction or repaving project,
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 or other
incidentals necessary or convenient to the successful completion of
the project and fulfillment of all duties and obligations imposed
by this article.
[Amended 5-11-2020 by Ord. No. 788]
A.
Applications for a pave cut permit shall be available from Derry
Borough at the Municipal Building, 114 East 2nd Avenue, Derry, Pennsylvania
15627. An authorized agent of a utility or contractor shall complete
the application at the Municipal Building within a minimum of 24 hours
in advance of any planned excavation. A copy of the completed application,
signed by the Borough's authorized representative, shall be in
the hands of a competent person at the work site described in the
application and shall constitute a permit.
B.
The application for the permit shall state the name and address of
the applicant, the nature, location and purpose of the excavation,
the date of commencement and the expected date of completion of the
excavation as well as the length and width of the cut and such other
data as may reasonably be required by the municipality. When, in the
sole opinion of the municipality, the excavation and/or construction
planned is extensive, the municipality may require the application
to be accompanied by plans showing the extent of the proposed excavation
work and elevations of both the existing ground prior to said excavation
and the elevated surfaces, the location of the excavation work and
such other information as may be prescribed by the municipality.
C.
The municipalty shall maintain a record of all permits so granted
and, before granting the same, shall collect from the applicant a
permit application fee equal to $2 per square foot of the area to
be opened, or an amount of $100, whichever is greater.
D.
The contractor or utility performing the work must notify the Borough
before any backfill or permanent pavement is placed so that an inspector
may be dispatched to the site to inspect the work. All backfill and
permanent pavement work must be performed under the continuous observation
of a Borough-designated inspector/testing agency.
E.
It shall be unlawful for any person, firm or corporation to make
any opening, cut or excavation in or under any street, alley or other
thoroughfare within the limits of the Borough of Derry unless and
until a permit is secured for each separate undertaking. The police
shall promptly prohibit any work to be done without a permit and shall
halt any work in progress being performed without a permit. In the
event of any emergency in which a main, conduit or utility facility
in or under any street breaks, bursts or otherwise is in such condition
as to immediately endanger the property, life, health or safety of
any individual, the person owning or controlling such main, conduit
or utility facility, without first applying for and obtaining an excavation
permit hereunder, shall immediately take proper emergency measures
to cure or remedy the dangerous conditions for the protection of property,
life, health and safety of individuals. However, such person owning
or controlling such facility shall apply for a pave cut permit no
later than the end of the next succeeding day during which the Borough
office is open for business. In addition, the utility shall immediately
notify the municipality and inform them that an emergency exists as
soon as they become aware of said emergency. An emergency contact
number will be provided by the Borough so that an inspector can be
dispatched to the site of the emergency repair. An inspector must
be present to inspect the backfill and permanent pavement work for
all emergency repair.
F.
Pave cuts necessitated by Borough-sponsored public improvements shall
be on a non-fee basis but limited to the specific contract area. Work
done outside the project area will be handled as a normal permit and
required permit fee. A list noting exact locations and dimensions
of all such cuts shall be submitted to the Borough at the completion
of work. Notification will be required for any pave cuts made in state
highways located within the Borough for which a highway occupancy
permit has been issued.
It shall be the duty of every person to whom
a permit shall have been issued and of every person making emergency
repairs in advance of issuance of a permit to provide and maintain
adequate guards, barriers, and lights to prevent accidents, and such
person shall assume all risks and liability for all damages by reason
of the opening or excavation made by authority of such permit or in
connection with such work, and by reason of any failure to fill the
opening, hole, trench or excavation properly.
[Amended 6-11-1990 by Ord. No. 594]
A.
No persons, corporations, business entity, or municipality
shall open cut any road or right-of-way system in the Borough of Derry
unless approved by the Borough of Derry Council or a representative
of said Council.
B.
All open cuts made within the Borough of Derry and its rights-of-way
and the cuts or channel created thereby shall be backfilled with 2RC
or 2A stone, and shall be compacted in twelve-inch levels and brought
up to the original grade of the right-of-way. All cuts in roadway
must be squared off and sealed.
[Amended 6-12-2014 by Ord. No. 762]
C.
If a cut or channel is made through the cartway of the road system,
the cut or channel shall be backfilled as provided above, and the
cartway shall be reinstalled with the required material of the same
thickness as has been removed.
[Amended 6-12-2014 by Ord. No. 762]
D.
All borings under rights-of-way or roadways shall
first be approved by Council of the Borough of Derry or a representative
of said Council. The cavity created thereby shall be filled with concrete
slurry or asphalt cement and completed so as to prevent settling of
the rights-of-way or roadways.
E.
All persons, corporations, business entities, or municipalities
boring under or open cutting any road or right-of-way system as herein
set forth shall remain responsible for the completion of all work.
This work shall include backfilling and cartway reinstallation in
a good and workmanlike manner and shall remain responsible for the
maintenance and condition of said roadway or right-of-way where the
same has been cut or bored for a period of two years after the completion
of backfilling and reinstallation of the roadway or right-of-way.
F.
During the period of cutting or boring and construction
along or under said right-of-way or roadway, the contractor shall
be responsible for all traffic routing, traffic safety and controls,
and shall be responsible for the erection or installation of all necessary
barriers or protective devices. Failure of the contractor to comply
with the terms of these rules and regulations relating to traffic
routing, safety and control shall be just cause for the Borough of
Derry to revoke their approval for the cutting or boring of said right-of-way
or roadway system.
G.
All sections and parts of these rules and regulations
are severable and if any section or portion thereof shall be declared
invalid, the same shall not affect the validity of any and all other
sections and portions.
H.
All street openings shall be inspected by Borough
personnel prior to backfilling.
I.
No road or street in the Borough of Derry may be completely closed
to traffic at any time. One lane of traffic must be able to pass unobstructed
at all times. Flagpersons shall be posted at work limits at all times
to direct traffic through the work zones, and an established traffic
pattern must be maintained at all times. If all other means of traffic
control have been exhausted, the Borough may permit a road to be completely
closed temporarily only upon the written consent of the Chief of Police
and the Fire Chief. When an emergency exists, the Police and Fire
Departments shall be notified. An application form for a permit to
close a street will be available from the Borough. The complete application,
bearing the signatures of the aforementioned officers, shall be returned
to the applicant and shall constitute a permit. A penalty of $300
shall be imposed for failure to notify the Police and/or Fire Chief.
[Added 5-11-2020 by Ord.
No. 788]
J.
All excavation shall be commenced and completed by the use of a reasonable
and competent work force. In congested areas and the Central Business
District, the Borough may limit work to other than normal daytime
working hours. At the cessation of work, adequate steel plates shall
be placed over excavations for safety and traffic control purposes.
The maximum length of any continuous opening in the roadway shall
be 100 feet. This pertains to the cartway, street, sidewalk, berm,
or embankment. Prior to any additional digging, the previous trench
shall be backfilled and completed as specified herein.
[Added 5-11-2020 by Ord.
No. 788]
K.
Unless indicated otherwise by the Borough Engineer, all excavated
materials are to be deemed unsuitable for backfilling and shall be
removed from the project area immediately as they are generated and
disposed of in a legal manner. All gutters, pipes, inlets and other
drainage facilities shall be kept clean of all debris and excavated
materials. At all times, fire hydrants adjacent to work shall be accessible
to fire apparatus, and no materials or obstructions shall be placed
within 15 feet of any hydrant. Excavations include any areas within
the road right-of-way.
[Added 5-11-2020 by Ord.
No. 788]
L.
Materials which are 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 worksite.
[Added 5-11-2020 by Ord.
No. 788]
M.
In all cases, the contractor shall blade and compact the roadway
after the trench has been backfilled so that it shall be passable
to traffic at all times. The contractor shall maintain the roadway
in a condition acceptable to the Engineer or Street Commissioner at
all times until final approval of the entire work by the municipality.
[Added 5-11-2020 by Ord.
No. 788]
N.
The Derry Borough Public Works Department or designated testing/inspection
agency must be notified in advance of placing any permanent pavement
for inspection purposes. No pavement shall be placed without a Borough-designated
inspector present. Where the excavation is in a paved surface, the
pavement shall be restored. All materials and work shall meet the
requirements of PennDOT Publication 408, Specifications (latest edition),
Sections 350 and 409, respectively. Prior to replacement of the pavement,
one foot outside of each edge of the opening shall be sawed the full
depth of pavement and stone base in a neat straight line (one-foot
cutback). The detached material shall be removed without damaging
the adjacent pavement. The final pavement joint between new and existing
pavement shall be sealed with sealant approved by the Derry Borough
Public Works Department. In cases where pave cuts are made between
December 1 and April 15, the pavement restoration shall consist of
cold patch or similar temporary material. Final pavement restoration
shall be completed as specified herein above during the next paving
season, but in no event later than July 1. Maintenance of the temporary
patch shall be the responsibility of the contractor. When a longitudinal
opening is made in the pavement, the entire roadway width (curb to
curb) shall be milled and overlaid with pavement approved by the Derry
Borough Public Works Department. When one or more transverse openings
are made within 25 linear feet of pavement, the entire roadway width
(curb to curb) shall be milled and overlaid with approved pavement
within the total opening length, including those areas unexcavated.
[Added 5-11-2020 by Ord.
No. 788]
O.
The Derry Borough Street Department or designated testing/inspection
agency must be notified in advance of placing any permanent pavement
or concrete for sidewalks or curbing for inspection purposes. No pavement
or concrete for sidewalks or curbing shall be placed without a Borough-designated
inspector present. Stone curbs shall be replaced in kind. A minimum
length of replaced curbs shall be four feet. Where curbing and/or
sidewalks are composed of other materials (brick, pavers, granite,
flagstone, etc.), every attempt should be made to save the original
materials and replace them during restoration.
[Added 5-11-2020 by Ord.
No. 788]
P.
Responsibility for damage to underground facilities. In the event
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 Derry Borough Public Works
Department or Borough Engineer and all concerned pertinent utilities
to instruct them (it) to have representatives inspect the condition
before any backfilling is begun.
[Added 5-11-2020 by Ord.
No. 788]
Q.
The permanent restoration of special-type pavements, such as concrete,
brick, Belgian block, cobblestone, gutters or tiles, shall consist
of relating the original wearing course in accordance with the original
installation specifications in such a manner as to prevent settlement
or other determination.
[Added 5-11-2020 by Ord.
No. 788]
R.
Whenever any utility or contractor shall make cuts in new pavement
for purposes of replacing a main line on a street or part thereof
or for purposes of making any capital improvements or improving or
upgrading an existing system, or when any utility or contractor shall
for any purposes, except emergency purposes, make a cut or cuts in
new pavement totaling 90 square feet or more within any block in the
Borough, then the utility shall be required to backfill and permanently
restore, refinish, mill and repave the entire width of said street
from curb to curb for the entire length of the block or blocks of
said street or streets where there is located any pave cut or cuts
or parts thereof with said backfilling and restoring, refinishing,
milling, and repaving to be done in accordance with the provisions
of this article. (The purpose of this provision is to encourage utilities
to replace their main lines and make capital improvements or improve
or upgrade their system prior to new repaving so as to prevent subsequent
cutting of new pavement.)
[Added 5-11-2020 by Ord.
No. 788]
S.
The utility shall be required to notify the Derry Borough Public
Works Department or designated testing/inspection agency prior to
commencement of permanent restoration. Such permanent restoration
must be commenced and completed promptly. Any delay or failure of
restoration will be reported to the pertinent utility, and such work
shall commence by the utility within 25 hours after notification.
Upon failure of the utility to restore the street 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.
[Added 5-11-2020 by Ord.
No. 788]
T.
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 a 25% penalty.
[Added 5-11-2020 by Ord.
No. 788]
U.
Electronic traffic control devices and ancillary equipment damaged
or removed because of pavement excavation or work incident thereto
must be replaced by the utility or its contractor, in kind, in whole
or in part, as required by the Derry Borough Public Works Department
or designated testing/inspection agency. The municipality shall contract
to have the necessary repairs made and bill the utility.
[Added 5-11-2020 by Ord.
No. 788]
V.
All property pins or survey control monuments damaged or altered
as a result of the contractor's work shall be replaced at the
contractor's expense by a registered Pennsylvania professional
land surveyor.
[Added 5-11-2020 by Ord.
No. 788]
If the work of opening or of filling any opening
or excavation, and of the replacing of the surface in a street shall
not be completed on or before the date of expiration of the permit
therefor, the holder of such permit shall be guilty of a violation
of this article.
If any work of filling any excavation or replacing
the street surface shall not be done on or before the date of expiration
of the permit, or if any part of such work shall be unskillfully or
improperly done, the Borough may cause the work to be done in such
manner as it shall deem proper, and the expense thereof, including
any overhead expense, and an additional amount of 10% shall be charged
against and collected by the Borough from such permit holder in the
manner prescribed by law.
In no case shall any opening or excavation made
by any person be considered in the charge or care of the Borough or
any officer or employee of the Borough, and no officer or employee
of the Borough shall be authorized in any way to take or assume any
jurisdiction over any such opening or excavation. Provided, however:
If any person causing any opening to be made shall deem it to his
advantage to employ the same workmen as do similar work for the Borough,
he may do so.
Any person who shall violate any of the provisions
of this article shall, for each and every such violation, upon conviction
thereof, be sentenced to pay a fine of not more than $1,000 and costs
of prosecution, and, in default of payment of such fine and costs,
to imprisonment for not more than 30 days.
At the time that the street opening has been refilled, backtamped and replaced in accordance with the provisions of this article and to the satisfaction of the Street Commissioner, the cash bond filed with the Borough of Derry as provided in § 358-13 shall be returned; provided, however, that the Borough shall retain from the cash bond the sum of $15 as a fee to cover of inspection and supervision for all openings having an area of nine square feet or less; for all openings of more than nine square feet, an additional $10 shall be paid for each additional 50 square feet, or part thereof, to cover the cost of inspection and supervision.
[Added 5-11-2020 by Ord.
No. 788]
A.
The applicant shall protect, defend, indemnify, and save harmless
the Borough, its officers and/or agents thereof from all claims, suits,
actions and proceedings of every nature and description which may
be brought against the Borough, 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 appurtenances used in the work,
by or on account of improper materials or workmanship, or for or on
account of any accident or any other act, negligence, or omission
of said applicant, his agents, servants, or employees, and the Borough
shall not, in any way, be liable therefor during the period the work
progress and the one-and-one-half-year guarantee period following
completion and acceptance of work by the Borough.
B.
Minimum insurance shall be:
(1)
Liability per individual: $500,000, with a limit of $1,000,000 for
each occurrence per bodily injury.
(2)
Liability for property damage: $500,000.
(3)
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 Borough each January 15; said evidence
of insurance must include the provisions that the Borough be given
at least 30 days' advance notice of any cancellation or any material
alteration in the applicant's policy.
