[Ord. 265, 6/7/1954; as amended by Ord. 358, 7/3/1967; by Ord. 492, 11/2/1981; by Ord. 565, 8/1/1988; by Ord. 595, 10/7/1991; by Ord. 776, 12/5/2011; and by Ord. 849, 6/3/2019]
1. 
No opening or excavation in any street of the Borough of Nazareth may be conducted without a permit being first obtained from the Borough.
2. 
Definitions. As used in this Part, the following terms shall have meanings stated:
BOROUGH REPRESENTATIVE
Any firm or individual designated by the Borough to manage, supervise and inspect street openings or excavations and restorations as set forth in this Part; generally, the Borough Superintendent of Public Works or the Borough Engineer, or their respective designees.
PERSON
Any natural person, partnership, firm, corporation, or similar entity.
STREET
Any ordained public street, avenue, road, alley, highway or other public place located in the Borough and established for the use of vehicles.
[Ord. 265, 6/7/1954; as amended by Ord. 358, 7/3/1967; by Ord. 492, 11/2/1981; by Ord. 565, 8/1/1988; by Ord. 595, 10/7/1991; by Ord. 776, 12/5/2011; and by Ord. 849, 6/3/2019]
1. 
The only exceptions to the permit requirement shall be the following:
A. 
Private Streets (or Right-of-Way). Openings or excavations in a private street or right-of-way; however, if the opening or excavation is not being constructed by the owner of the private street or right-of-way, or their agent, then written authorization shall be obtained from said owner.
B. 
State Routes. Openings or excavations in a state route; however, any openings or excavations in a state route shall be subject to authorization by the Pennsylvania Department of Transportation.
C. 
Land Development. Openings or excavations that are part of a land development plan duly approved by the Borough of Nazareth.
D. 
Emergency. In the event of an emergency, a permit application must be submitted to the Borough within 15 calendar days after the start of any work. Documentation must be provided to describe and substantiate the emergency. The Person conducting the emergency street excavation is still subject to all other requirements of this Part including, but not limited to, backfilling and surface restoration and all applicable fees.
2. 
Applications for permits shall be submitted to the Borough Administrative Office, in writing, using a blank form furnished for that purpose by the Borough and shall contain the following minimum information:
A. 
The purpose for which the street is to be opened or excavated;
B. 
The specific location of the proposed work;
C. 
The estimated dimensions and area of the proposed opening or excavation; and
D. 
The dates when the proposed work will occur (if a permit is issued, any subsequent changes to the work dates listed on the permit application must be approved in advance by the Borough Representative).
3. 
Permit Fees. Permit Fees shall be as established by resolution of Borough Council and may include, but shall not be limited to, the following: application fee, inspection fee, and degradation fee. All permit applicants shall submit payment of the applicable Permit Fees to the Borough Administrative Office. The Borough will not issue a permit until all Permit fees are paid. The application fee portion of the Permit Fees shall be nonrefundable.
4. 
Issuance of Permit; Denial; Appeal.
A. 
Upon receipt of a permit application it shall be reviewed by the Borough Representative. Within 30 days after receipt of a permit application, the Borough Representative shall approve the application and issue a permit, provided the proposed construction conforms with the laws of the Borough. If the proposed construction does not conform with the laws of the Borough, or if upon reasonable investigation and knowledge of fact the Borough Representative determines that the proposed construction would constitute a traffic hazard or pedestrian hazard, the application shall be denied by written notice, setting forth the reasons for denial. Notice of the denial shall be sent to the applicant by certified mail.
B. 
Upon receipt of notice denying the issuance of a permit, any property owner or person adversely affected, may appeal the Borough Representative's decision within 30 days by written application to the Borough Council through its Public Works Committee. The Committee shall make inquiry into the causes for denial, shall afford all parties an opportunity to be heard and shall subpoena witnesses and administer oaths. Said hearing shall be held not later than 30 days after the receipt of the application of appeal. The Committee's written decision shall be rendered not later than 30 days thereafter, which decision shall be final. Any person aggrieved by the decision of the Committee shall have the right of appeal to the Court of Common Pleas of Northampton County, Pennsylvania.
[Ord. 265, 6/7/1954; as amended by Ord. 358, 7/3/1967; by Ord. 492, 11/2/1981; by Ord. 565, 8/1/1988; by Ord. 595, 10/7/1991; by Ord. 776, 12/5/2011; and by Ord. 849, 6/3/2019]
The person to whom a permit is issued (“Permittee”) shall assume all responsibility for any opening or excavation made and for backfilling or restoring the same, and for all damages that may arise by reason of the opening or excavation and backfilling or restoration of same.
[Ord. 265, 6/7/1954; as amended by Ord. 358, 7/3/1967; by Ord. 492, 11/2/1981; by Ord. 565, 8/1/1988; by Ord. 595, 10/7/1991; by Ord. 776, 12/5/2011; and by Ord. 849, 6/3/2019]
1. 
The Permittee shall be solely responsible for the excavation and complete restoration of any street opening or excavation as required by this Part and all other applicable Borough Codes or Regulations.
2. 
The Permittee shall contact the Borough Representative prior to the start of any excavation work. The Borough Representative shall generally supervise the excavation work to ensure the Permittee is in compliance with this Part and all other applicable Borough Codes or Regulations.
3. 
The Permittee shall be solely responsible for Act 287 (“PA One-Call”) compliance prior to excavation.
4. 
All excess excavated material shall be promptly removed from the excavation site by the Permittee.
5. 
No opening or excavation in any travel lane shall extend a distance greater than one foot beyond the centerline of the street before being refilled and restored in accordance with § 21-106.
[Ord. 265, 6/7/1954; as amended by Ord. 358, 7/3/1967; by Ord. 492, 11/2/1981; by Ord. 565, 8/1/1988; by Ord. 595, 10/7/1991; by Ord. 776, 12/5/2011; and by Ord. 849, 6/3/2019]
New paving shall not be opened or excavated for a period of five years after the completion thereof, except in case of emergency. If a Permit Applicant seeks to excavate or open a street within five years after completion of the new paving for any other reason than an emergency, the application, in addition to the permit fees required in § 21-102, Subsection 3, except as stated in § 21-106, Subsection 4C, below, shall be subject to a Degradation Fee as shall be as established, from time to time, by resolution of Borough Council.
[Ord. 265, 6/7/1954; as amended by Ord. 358, 7/3/1967; by Ord. 492, 11/2/1981; by Ord. 565, 8/1/1988; by Ord. 595, 10/7/1991; by Ord. 776, 12/5/2011; and by Ord. 849, 6/3/2019]
1. 
No restoration work, including backfilling and surface restoration, shall commence without the Permittee first notifying the Borough Representative. All backfilling and surface restoration shall be made subject to inspection and final approval by the Borough Representative or his designee.
2. 
Prior to final restoration, all surface edges of the excavated opening shall be cut with a concrete saw or similar device to provide straight edges/lines for proper restoration.
3. 
Trench Restoration and Backfilling. Trench restoration and backfilling of excavations shall be completed by the Permittee as follows:
A. 
After an initial base layer of screenings over any pipe or valve that may be present, trenches or excavations shall be backfilled in eight inches lifts with compacted Type 2A aggregate to within three inches of the street surface. No macadam, concrete or bituminous pieces shall be used for backfill. At the street surface, trenches or excavations shall be filled with three inches of temporary bituminous patch material (25 mm Superpave or as otherwise approved by the Borough Representative).
B. 
After 90 days, as determined by the Borough Representative, the Permittee shall remove the temporary bituminous patch and the necessary stone to 6.5 inches below the existing street surface. The Permittee shall place five inches of bituminous concrete base course and 1.5 inches of ID-2 bituminous concrete. All edges of the trenches shall be sealed with PG64-22 asphalt.
4. 
Pavement Surfacing Restoration. Pavement surface restoration shall be completed by the Permittee as the following conditions occur:
A. 
When a longitudinal opening of 50 feet or longer has been made in the pavement, the Permittee shall mill and overlay the full travel lane in which the opening was made from a point 10 feet prior to the opening and a point 10 feet beyond the opposite edge of the opening. A 1.5 inch mill and overlay with 9.5 mm Superpave will be required.
B. 
When two or more transverse openings within 100 feet of each other have been made in the pavement, the Permittee shall mill and overlay the full travel lane in which the openings were made the full distance between a point 10 feet prior to the first opening and a point 10 feet beyond the opposite edge of the final opening. A 1.5 inch mill and overlay with 9.5 mm Superpave will be required.
C. 
When a longitudinal opening of 50 feet or longer or when two or more transverse openings within 100 feet of each other are made in a street that was resurfaced within the previous five years, the Permittee shall mill and overlay the full travel lane of the street for the entire block (the distance between intersecting streets). A 1.5 inch mill and overlay with 9.5 mm Superpave will be required. A Degradation Fee, as established in § 21-105 above, shall not apply, or shall be refunded if previously collected, if the Permittee completes resurfacing as detailed in this § 21-106, Subsection 4C.
5. 
In the event an overlay is required, Permittee’s overlay work shall include, but not be limited to, full width milling or gutter milling along curbs (as approved by the Borough), milling for paving notches, the placement of tack coat, sealing all joints and replacing pavement markings. Lids on all utilities shall be raised to the finish grade.
6. 
Surface restoration shall be completed with “like materials” i.e. if the surface of the excavated street consists of cement and bituminous concrete, the surface restoration shall be completed with cement and bituminous concrete.
7. 
All work shall be performed in accordance with the most current version of Pennsylvania Department of Transportation Form 408 standards.
[Ord. 265, 6/7/1954; as amended by Ord. 358, 7/3/1967; by Ord. 492, 11/2/1981; by Ord. 565, 8/1/1988; by Ord. 595, 10/7/1991; by Ord. 776, 12/5/2011; and by Ord. 849, 6/3/2019]
Except for missiles of 2.5 inches or less, no part of a trench or excavation shall be tunneled, missiled or undermined so as to leave the surface undisturbed without the express approval of the Borough Representative. The backfilling and restoration of any such work shall be completed only in the presence of the Borough Representative.
[Ord. 265, 6/7/1954; as amended by Ord. 358, 7/3/1967; by Ord. 492, 11/2/1981; by Ord. 565, 8/1/1988; by Ord. 595, 10/7/1991; by Ord. 776, 12/5/2011; and by Ord. 849, 6/3/2019]
1. 
The Permittee shall be responsible to ensure that any openings or excavations made in the streets are adequately protected. All traffic control devices, including barricades, traffic cones, signage, flaggers and any other temporary devices, shall be provided by the Permittee through the duration of the work. Traffic controls shall be provided in accordance with the following standards:
A. 
Commonwealth of Pennsylvania Department of Transportation Publication No. 213, "Temporary Traffic Control Guidelines."
B. 
Supplemental instructions given by the Borough.
2. 
If road closures are anticipated during the excavation, backfilling or restoration work, the Permittee shall notify the Borough Representative and the appropriate Northampton County authorities (so emergency services are notified) in advance of any such closure.
3. 
Except where specifically authorized in advance by the Borough Representative, all closed or partially closed streets shall be fully reopened to traffic at the end of each workday. The use of steel plates as temporary covers for openings or excavations is permitted. Bituminous material must be installed as a transition between the existing paved surface and the steel plate.
4. 
Days and Hours for Work. Except in the case of an emergency, all work related to excavations or openings shall be restricted to certain days and hours, as follows:
A. 
Weekdays (Monday through Friday), beginning at 7:00 a.m. and concluding no later than 5:00 p.m. each day.
B. 
Saturdays, only when authorized in advance by the Borough Representative, beginning at 8:00 a.m. and concluding no later than 5:00 p.m. each day.
C. 
Work is prohibited on Sundays and on any legal holidays recognized by the Borough.
[Ord. 265, 6/7/1954; as amended by Ord. 358, 7/3/1967; by Ord. 492, 11/2/1981; by Ord. 565, 8/1/1988; by Ord. 595, 10/7/1991; by Ord. 776, 12/5/2011; and by Ord. 849, 6/3/2019]
1. 
Any person who violates any provision of this Part shall, upon conviction in a summary proceeding before a District Magistrate, be sentenced to pay a fine not exceeding $1000 and costs of prosecution and, in default of payment thereof, shall be subject to imprisonment for a term not to exceed 30 days. Each day that a violation of this Part continues shall constitute a separate offense.
2. 
In addition to the above penalty, the Borough may proceed in manner and form provided by law to abate as a public nuisance any construction or proposed construction in violation of this Part or other applicable Borough Codes or Regulations.
[Ord. 265, 6/7/1954; as amended by Ord. 358, 7/3/1967; by Ord. 492, 11/2/1981; by Ord. 565, 8/1/1988; by Ord. 595, 10/7/1991; by Ord. 776, 12/5/2011; and by Ord. 849, 6/3/2019]
Any Ordinance or part of an Ordinance conflicting with the provisions of this Part shall be and is hereby repealed to the extent of such conflict. Except only as amended, modified and changed by this ordinance, the Code of Ordinances of the Borough of Nazareth as codified and amended shall remain in all other respects in full force and effect.