[HISTORY: Adopted by the Borough Council of the Borough of
Masontown 8-10-2021 by Ord. No. D-9-8/10/21, approved 8-10-2021. Amendments noted where applicable.]
This chapter shall be cited to as the "Masontown Borough Street
Opening Ordinance."
No opening, cutting, excavating, grading, boring, crossing,
installation or disturbance of any kind shall be allowed upon, in,
under, over, or across any portion of a Borough street or any Borough
street right-of-way without a permit granted by the Borough.
The application for a permit shall be on a form provided by
the Borough. The Borough shall be responsible for review and administration
of the permit. The application shall be accompanied by a fee for processing
the application in accordance with the Borough Schedule of Fees, adopted
from time to time by the Borough Council, for street occupancy permits
and restoration charges and another fee for review by the Borough
Engineer and for making the inspection, if needed. In addition, the
applicant shall submit three copies of a sketch showing the location
of the intended work, parcel number, width of the traveled streetway,
right-of-way lines, an address, and a dimension to the nearest intersecting
street or other nearby landmark, so as to ascertain the location of
the work.
The permit application shall be approved or denied within 30
calendar days of submission of a complete application to the Borough.
If the application and required documents do not conform to the requirements
of this chapter and any other applicable ordinances, rules, and regulations,
the Borough shall deny the application, in writing, stating the reasons.
If the Borough is satisfied that the proposed work conforms to the
aforesaid requirements, the Borough shall issue a permit.
At least three working days prior to the proposed start of work,
the applicant or his representative shall contact the PA One Call
System at 1-800-242-1776, report the proposed work, obtain a serial
number, and provide such serial number to the Borough. No work shall
begin until such date and time as authorized by PA One Call.
At least one lane of traffic shall be maintained at all times.
The applicant shall comply with all applicable PennDOT regulations.
The Borough, at its discretion, may allow a street to be closed
and traffic to be detoured. No street shall be closed without giving
the Borough at least three business days' prior notice. The applicant
is required to notify Fayette County Emergency Management Agency,
the Masontown Police and Fire Departments, and the Masontown area
school districts with Borough-approved content regarding an approved
detour. No street shall be closed without the applicant submitting
a detour plan to the Borough and having it approved by the Borough.
No street shall be closed without proper detour signs, as approved
by the Borough, having been installed by the applicant. All detour
signs shall be maintained for the entire work period.
All proper erosion-control measures shall be taken to ensure
compliance with applicable laws. If necessary, the applicant shall
obtain erosion and sedimentation control plan approval from the Fayette
County Conservation District prior to starting work.
The applicant shall comply with all OSHA safety requirements
and procedures, including, without limitation, all confined space
requirements.
A. The applicant shall notify the Borough 24 hours in advance of starting
work, upon completion of temporary restoration, and upon completion
of permanent restoration. For any type of pipeline replacement/installation,
the applicant shall notify the Borough 48 hours in advance of the
start of construction or of the resumption of construction if discontinued
for more than five working days.
B. Prior to the start of pipeline replacement/installation and continuously
throughout construction and right-of-way and workspace restoration,
the applicant shall designate a field representative responsible for
overseeing compliance with the conditions of this permit. This person
shall be accessible by telephone during normal business hours. This
person's phone number and emergency phone number shall be provided
to the Borough. The applicant shall provide written notice to all
landowners within 200 feet of the work area of the work to be done,
including the project's time frame, limits of work, the name,
telephone number, and email address of the field representative, and
any other issues that may impact those landowners. This notice shall
be provided to those landowners at least seven days before work is
to begin. The Borough shall receive a copy of the notice sent to the
landowners.
Projects are permitted to be in operation between 7:00 a.m.
and 7:00 p.m., EST, Monday through Friday, unless extended by prior
written authorization. At all other times, there shall be no motorized
equipment running other than a pickup truck(s).
Backfill shall comply with Exhibit A, as amended from time to
time. There shall be a minimum four inches of bedding under
a pipe or utility line. Crushed stone backfill shall be mechanically
compacted as specified. Where work is done outside the paved cartway
or shoulder, the last six inches of backfill shall be topsoil with
stone or debris no larger than two inches in its largest dimension.
If the work cannot be completed in one workday, proper barricades,
flashing lights, steel plates or other methods shall be used to secure
the site and ensure the safety of travelers on the streets in the
Borough until the next workday. The applicant shall comply with the
provisions of PennDOT Publication 213, Work Zone Traffic Control Guidelines.
The work area shall be swept clean, cleaned of all waste, debris,
and scrap that is the product of construction and otherwise policed
at the end of each workday and at the end of the project. Mud shall
not be tracked onto the streets at any time. All mud shall be cleaned
up within one hour of verbal or written notice from the Borough or
its agents. All loads shall be tarped in accordance with PennDOT standards.
Conduits and pipes shall be installed with a minimum of 24 inches
of cover. In no case shall conduits or pipes be allowed to be placed
in or bonded to the bottom of the paving, especially in the case of
concrete paving.
A. No pipeline shall be installed in such a way or manner as to constitute
a danger or hazard to any person.
The last two inches of the excavation shall be backfilled with
compacted cold-patch or similar permeable asphalt material to allow
percolation of water into the excavation while preventing dust and
stone chip nuisances. All excavations shall be temporarily restored
prior to allowing traffic on them. All settlement shall be brought
back to grade within four hours of verbal or written notice from the
Borough or its agents. The temporary restoration shall remain in place
for a minimum of two months to allow for final settlement to occur
through the actions of rain and traffic, but in no case shall it remain
in place more than six months.
All work is to be in compliance with Exhibit A, as amended from
time to time. The applicant shall provide final additional grading and
seeding at a later date to correct for soil settling within the work
area, at the direction of the Borough.
Permanent paving shall be constructed no earlier than 60 days
after the installation of the temporary paving. If, within one year
after the date of installation of the permanent paving, defects appear
therein, the applicant shall reimburse the Borough for the cost of
all necessary repairs to the permanent paving.
A. If the applicant opens pavement, the applicant shall, in addition
to the restoration requirements outlined in this chapter, overlay
the pavement in accordance with the following conditions:
(1)
When a longitudinal opening longer than 100 linear feet has
been made in the pavement, the applicant shall overlay the traffic
lanes in which the opening was made, for the entire length of highway
that was opened, in a manner to be approved by the Borough.
(2)
When two or more transverse openings have been made within 100
linear feet of pavement, the applicant shall overlay traffic lanes
in which the openings were made, for the entire length of highway
between the openings, in a manner to be approved by the Borough.
(3)
When four or more openings of any other type have been made
by the same applicant within 100 linear feet of pavement, the applicant
shall overlay traffic lanes in which the openings were made, for the
entire length of highway between the openings, in a manner to be approved
by the Borough.
(4)
If disturbed lanes adjacent to undisturbed lanes are overlaid,
the edge of the disturbed lane shall be saw-cut or milled to a depth
of 1 1/2 inches or the depth of the existing surface course,
whichever is less, for the length of the opening to ensure a smooth
joint, with proper elevation and cross section. A full-width overlay
may be authorized on various streetways instead of saw-cutting or
milling the disturbed lane.
(5)
If disturbed lanes adjacent to the shoulders are overlaid, the
shoulder shall be raised, with material and in a manner approved by
the Borough for the type of existing shoulder, so that the overlaid
pavement and shoulder edges are at the same elevation.
B. Regardless of the age of the wearing course:
(1)
If more than 100 linear feet of longitudinal or transverse openings,
or both, are made in the pavement, the Borough reserves the right
to require the applicant to overlay traffic lanes in which the openings
were made, for the entire length of highway that was opened, if the
Borough is of the opinion that the rideability or structural integrity
of the pavement has been impaired by the openings.
(2)
If four or more openings are made by the same permit holder
within 100 linear feet of pavement, the Borough reserves the right
to require the applicant to restore the entire disturbed pavement
between the openings by milling, planing, or other authorized method
and by overlaying the entire disturbed pavement.
C. Aggregate used in bituminous overlay wearing course shall comply
with skid resistance level criteria (SRC) specified by the Pennsylvania
Department of Transportation.
D. If any type of opening is made in a bituminous concrete pavement
within three feet from the edge of pavement or other longitudinal
joint or opening, the surface restoration shall be extended to the
edge of the pavement or other longitudinal joint or opening.
E. At each end of an overlay, the applicant shall install a paving notch
by milling, planing, or other authorized method and provide a minimum
ten-foot transition.
F. The transition areas at each end of an overlay shall follow the contour
of the surrounding surface.
G. When pavement markings are covered or destroyed by the permitted
work, including overlays, they shall be replaced with temporary pavement
markings before opening the disturbed pavement to traffic. When the
pavement surface is fully restored, permanent pavement markings that
were covered or destroyed shall be replaced by the applicant, in like
kind, in their former location.
H. Restored openings in the pavement or paved shoulder shall be sealed
with hot AC-20 in accordance with Borough specifications.
Within 90 days of completion of construction in the Borough,
as-built drawings shall be provided to the Borough on eleven-inch
by seventeen-inch sheets, depicting all facility locations and placement.
A. All work shall be guaranteed for a period of one year from the date
of final inspection and certification by the Borough that the work
has been completed in accordance with the permit. The Borough reserves
the right to have this guaranty backed by the applicant's security
deposit (see below). All defects shall be corrected by the applicant
within four hours of verbal or written notice from the Borough or
its agents.
B. The applicant shall immediately, at its own expense, repair or replace
all public property and all private property, including but not limited
to driveways, fences, and mailboxes, located in, along, or adjacent
to the public right-of-way, which may have been damaged or destroyed
by any action or inaction of the applicant.
C. Any damage to curb, inlets, storm sewer, sanitary sewer, signage,
pavement markings, etc., shall be replaced to the satisfaction of
the Borough.
Conduit placed parallel to the street center line shall be placed
within the first foot, as measured from the back of the curb (or the
edge of the paving if no curb), or beyond four feet from back of the
curb (or the edge of the paving if no curb). This provides the Borough
three feet within which to place Borough facilities.
Discharge from any roof drains, downspouts, sump pumps, foundation
drains, disposal fields, etc., shall not be permitted onto a right-of-way
or onto a driveway or driveway drainage system that directs runoff
toward a street. Such discharge may be connected to underground drainage
systems in the street if available, preferably into an inlet for accessibility.
A. As part of the permit application, the applicant shall provide the
Borough with insurance certificates for the following policies of
insurance in full force and effect with an insurance company(ies)
admitted by the Pennsylvania Insurance Commissioner to do business
in the Commonwealth of Pennsylvania and rated not less than A in the
Best Insurance Key Rating Guide:
(1)
Commercial general liability insurance, including property damage
liability and personal injury liability of not less than $1,000,000
for each occurrence and a $2,000,000 minimum aggregate amount.
(2)
Automobile bodily injury liability insurance of not less than
$500,000 each person; $500,000 each occurrence.
(3)
Statutory workers' compensation and employer's liability
insurance.
B. All policies of commercial general liability insurance required hereunder
shall name the Borough, its supervisors, engineer and employees as
additional insureds. Specifically, a commercial general liability
insurance policy shall name the Borough, its officers, agents, supervisors,
elected officials and employees as an additional insured under ISO
endorsement CG 20 26 07 04 or non-ISO equivalent. Any policy or policies
of insurance shall be primary and noncontributory to insurance coverage
maintained by the Borough. Certificates of insurance shall state that
coverage shall not be canceled by either party except after 30 days'
prior written notice by United States certified mail, return receipt
requested, has been given to the Borough. In addition, the applicant
shall indemnify and hold harmless the Borough and shall assume the
defense and all costs of lawsuits and awards.
C. This permit does not release the applicant from liability for damage
to persons or property resulting from any activity covered by this
permit.
In the case of emergencies threatening property or lives, the
applicant may proceed with the work after notifying the Borough and
Fayette County Emergency Management. The applicant shall still be
responsible for applying and obtaining the permit and satisfying all
requirements. The application shall be made within 24 hours of the
verbal or written notice to the Borough and Fayette County Emergency
Management. If the emergency occurs over a holiday, a weekend, or
at night, the application shall be filed the morning of the next working
day.
In addition to the requirements of this chapter, all work is
subject to all applicable federal, state and local laws, ordinances
and regulations. This permit does not release the applicant of the
responsibility to obtain other federal, state, or county authorizations
required for the construction of the permitted activity; and, if any
applicant is required by law to obtain approval from any federal or
other state agency to do the work, authorization granted by this permit
is not effective until the federal and state approvals are obtained.
During any phase of the work authorized by the permit, the Borough
shall inspect the work and, when necessary, enforce compliance with
the conditions, restrictions and regulations prescribed by the permit.
Where any settlement or defect in the work occurs, if the applicant
shall fail to rectify any such settlement or other defect within 60
days after written notice from the Borough to do so, the Borough may
do the work and shall impose upon the applicant the cost thereof,
together with an additional 20% of such cost.
Any person or utility which shall violate or permit the violation
of the provisions of this chapter shall, upon being found liable therefor
in a criminal enforcement proceeding, pay a fine of not more than
$1,000 nor less than $25, together with court costs and reasonable
attorney fees, and may be incarcerated for a period not exceeding
90 days. Such fines, costs, attorney fees and incarceration, after
being reduced to a final, unappealed judgment, shall be enforced by
the Borough pursuant to the applicable rules of criminal procedure.
Each day of violation shall constitute a separate violation.
As used in this chapter, the following terms shall have the
meanings indicated:
PERSON
Any natural person, municipal authority, corporation, partnership,
joint venture, sole proprietorship, firm, association and any other
entity of whatever type.
These fees are applied to the costs incurred in the preliminary
review of the location covered by the permit and/or spot inspection
of the permitted work, and/or subsequent inspection after the permitted
work has been completed to ensure compliance with Borough specifications
and permit provisions. In addition to these general inspection fees,
if it is determined by the Borough that an inspector shall supervise
the permitted work continuously, an inspection fee will be charged
by the inspector(s) at 1.5 times the inspector's hourly pay rate
plus all related costs.
A. Subsurface and surface facility installations (e.g., pipelines; buried
cable with pedestals; conduit; manhole; headwall; inlet; grate). This
fee is calculated on the total linear feet of the facility or facilities
being permitted within the highway right-of-way, along and/or across
the highway.
(1) Physically connected facility or facilities of less than 50 feet
in length (each section): $300.
(2) Additional physically connected facilities (each 100 feet or fraction
thereof): $100.
B. Facility openings [e.g., service connections if performed independently;
pipeline repairs (each opening)]: $75.
C. Overhead facility installations [e.g., poles, guys and/or anchors
if installed independently of poles (NOTE: No inspection fee charged
for removal of poles.)]:
(1) Up to 10 physically connected aboveground facilities (each group):
$125.
(2) Additional aboveground physically connected facilities (each pole
with appurtenances): $10.
D. Moving objects across the highway (e.g., draglines, houses): $250.
No permits or fees shall be required for the following:
A. To the federal government.
B. To the Commonwealth of Pennsylvania.
C. To political subdivisions of the commonwealth for work performed
within their corporate limits.
D. Where facilities are moved at the request of the Department of Transportation
or local authorities in connection with street construction or street
maintenance operations.
E. To local authorities or property owners for the installation of sidewalks,
curbs, subsurface traffic detectors or other work designed to improve
street conditions.
F. To utilities for the installation of streetlights at the request
of the Department of Transportation or other local authorities.
G. To facility owners providing new facilities serving the Borough.
H. Residential driveway resurfacing.
I. United States postal (or mail) boxes.