In accordance with the provisions of Sections 1202(12) and 1735 of the Borough Code [8 Pa.C.S.A. §§ 1202(12) and 1735], no railroad or street railway shall hereafter be constructed upon any Borough road, nor shall any railroad or street railway crossings or any gas pipe, water pipe, electric conduits or other piping be laid upon or in, nor shall any telephone, telegraph or electric light or power poles or any other obstructions be erected upon or in, any portion of a Borough road, except under such conditions, restrictions and regulations relating to the installation and maintenance thereof as may be prescribed in permits granted by the Borough for such purpose.
The application for a permit shall be filled in by the applicant and submitted to the Borough in triplicate. In addition, the applicant shall submit three copies of a sketch showing such dimensions as the location of the intended facility, width of the traveled roadway, right-of-way lines and a dimension to the nearest intersecting street. The Borough Engineer shall then issue a road occupancy permit, but only upon the applicant's having first posted security required by this article. Also, the form of application for a road occupancy permit may be amended at any time by a resolution enacted by the Borough Council.
The applicant shall pay such fees as are required in the Schedule of Fees as may be amended from time to time by a resolution of Borough Council.
All permittees shall be required to comply with the general provisions and specifications regarding Borough highway rights-of-way as set forth in Article V of this chapter.
Forty-eight hours before the work commences, the applicant shall give written notice thereof to the Borough Engineer, who shall within a reasonable time inspect the work and advise the permittee, in writing, whether the work meets the requirements of this article.
Where any settlement or defect in the work occurs following its completion and the applicant shall fail to rectify any such settlement or other defect within 30 days after written notice from the Borough Engineer to do so, the Borough may elect to do the required work, using a contractor of the Borough's choosing, for and on behalf of the applicant. The applicant shall be responsible for all costs and expenses incurred by the Borough in connection with the aforesaid repairs, and such costs and expenses shall include (in addition to construction costs) reasonable fees of attorneys and engineers and other similar costs and fees incurred in connection with the Borough's causing the construction of the work to be completed. Nothing herein shall be construed to in any way limit the rights of the Borough to otherwise enforce compliance with the provisions of this article under the Borough Code.
Each applicant for a permit shall, at the time of the filing of the application for a permit with the Borough Engineer, post cash security with the Borough made payable to the Borough of Newtown in an amount as set forth in the Fee Schedule as may be amended from time to time by Borough Council.
Any public utility, as that term is defined in 66 Pa. C.S.A. § 102, and which regularly operates within the Newtown Borough limits, shall be permitted to post, in lieu of those amounts required in § 480-11 hereof, cash or other adequate security on an annual basis in an amount sufficient to guarantee the completion, restoration and repair of those projects undertaken by the utility within the Borough limits. It shall be the duty of the Borough Engineer to determine the amount of the security required by this section which, in any event, shall be not less than $5,000. If at any time during the year for which the security required by this section has been posted by a utility the Borough Engineer determines that the posted security is inadequate, then the utility shall, upon the written request of the Borough Engineer, post such additional security as is required.
Any person, firm, corporation, or utility which shall violate any of the provisions of this article shall, upon conviction in a summary proceeding under the Pennsylvania Rules of Criminal Procedure, be guilty of a summary offense and shall be punishable by a fine of not more than $1,000, plus court costs and reasonable attorneys' fees incurred by the Borough in the enforcement proceedings. Upon judgment against any person by summary conviction, or by proceedings by summons on default of the payment of the fine or penalty imposed and the costs, the defendant may be sentenced and committed to the Borough correctional facility for a period not exceeding 10 days or to the county correctional facility for a period not exceeding 30 days. Each day that such violation exists shall constitute a separate offense, and each section of this article that is violated shall also constitute a separate offense. In addition to or in lieu of enforcement under this section, the Borough may enforce this article in equity in the Court of Common Pleas of Bucks County.
The work authorized by a road occupancy permit shall be done at such time and in such a manner as shall be consistent with the safety of the public and shall conform to all requirements and standards of the Borough of Newtown, designated herein as the "Borough." If at any time it shall be found by the Borough that the work is not being done or has not been properly performed, the permittee and/or its contractor, upon being notified in writing by the Borough, shall immediately take the necessary steps, at its own expense, toward placing the work in condition to conform to said requirements or standards.
In the event of willful failure or neglect by said permittee and/or its contractor or their employees to perform and comply with the conditions, restrictions and provisions of a permit, the Borough may revoke and annual the permit and order and direct said permittee and/or its contractor to remove any or all structures or property belonging to said permittee and/or its contractor from the legal limits of the highway right-of-way and to restore the highway right-of-way to its former condition.
If work is stopped on a project for any reason and any ditch or trench, in the opinion of the Borough, remains open for an unreasonable period, the permittee and/or its contractor, if so directed, shall refill the ditch or trench and work shall not be resumed thereon until the permittee and/or its contractor is prepared to proceed with the work until completion. In the event that the permittee and/or its contractor fails to refill the ditch or trench or to proceed until completion of the work upon notice from the Borough to do so, the Borough may perform the necessary and required work and apply any moneys held in the restoration escrow fund toward the cost incurred in performing such work.
The permittee shall pay all costs and expenses incident to or growing out of the project, including the prescribed fees for the same, the cost of making and maintaining the temporary restoration of the disturbed areas and making permanent restoration, and further shall reimburse the Borough for any inspection costs which the Borough may deem it necessary to incur, and the permittee shall reimburse the Borough for said costs within 30 days after receipt of the statement setting forth sums expended therefor by the Borough.
If the permittee and/or its contractor, after making an opening in the highway to place or repair pipe or for any other purpose, fails to restore any portion of the highway right-of-way to conform to specifications of the Borough, the Borough reserves the right to do the work and apply any moneys held in the restoration escrow fund toward the cost incurred in performing such work.
The permittee will submit to the Borough certificate or certificates of insurance for public liability and property damage, in sufficient amounts to cover any loss that may be incurred for or on account of any matter, cause or thing arising out of the construction, reconstruction, repair, relocation or installation of the permitted facilities, except in those instances where the Borough by prior arrangement has authorized the permittee to provide other means of protecting the Borough and its employees.
The permission herein granted does not relieve the permittee and/or its contractor from obtaining any consent otherwise required from the owner or owners of the abutting property and does not confer upon the permittee and/or its contractor the right to cut, remove or destroy trees or shrubbery within the legal limits of the highway except under such conditions, restrictions and regulations as the Borough may prescribe.
If at any time the structure or facility shall become a hazard from any cause whatsoever, the permittee and/or its contractor shall have the same removed or repaired within 48 hours after receipt of written notification except at times of extraordinary happenings, when extension of such time limit may be given by the Borough.
After each and every excavation made by the permittee and/or its contractor in any road or highway right-of-way covered by a permit incident to the erection, repair, resetting or removal of any poles, manholes, conduits, water, steam, oil, gas pipes, sewers or any other obstructions or construction, said permittee and/or its contractor shall, under the supervision and direction of the Borough, restore the road to a condition conforming to requirements and/or specifications of the Borough. So long as said permittee and/or its contractor operates and leaves in place such structures and appliances in, upon or along said highway right-of-way, the permittee and/or its contractor shall maintain and keep in good order and repair the said structures and appliances. The permittee covenants and agrees to fully indemnify and save harmless the Borough of and from all liability for damages or injury occurring to any person or persons or property at or on said roads through or in consequence of any act or omission of any contractor, agent, servant, employee or person engaged or employed in, about or upon the said work by, at the instance or with the approval or consent of the permittee, or from the failure of the permittee and/or its contractor to comply with the provisions set forth herein.
If at any time in the future the highway is widened or the alignment or grades are changed, the permittee further agrees to change or relocate any part of the structures covered by a permit which interferes with the improvement of the highway, at its own expense, to the extent now or hereafter required by law.
During the time when the highway right-of-way covered by a permit is under process of construction and/or until said road or highway is accepted by the Borough, no permittee and/or its contractor will be authorized to enter upon said highway right-of-way for the purpose of erecting poles, laying conduits, water, steam, oil or gas pipes or sewers or doing any other work whatsoever which might interfere with the construction of the road or highway unless said permittee and/or its contractor shall first file with the Borough a duly attested certificate, signed by the contractor or other authority constructing said road or highway, containing the full consent to such proposed work of said permittee and/or its contractor within the lines of the said highway right-of-way, together with a satisfactory waiver, release and quitclaim to the Borough of all damages and all defenses whatsoever for delays by reason of such work and occupation of said roadway by said permittee and/or its contractor or from any cause whatsoever resulting by reason of such work and occupation, provided that the provisions of this section shall not apply in case of emergency; in such case the permittee and/or its contractor shall procure the written consent of the Borough to do such work as may be deemed necessary to correct the existing emergency conditions.
Any work done under a permit shall be subject to the conditions, restrictions, and provisions of the permit, which shall govern all excavations, openings and trenches for the purpose of making repairs to any poles, conduits, water, steam, oil, gas pipes or sewers or other structures, or property and appurtenances thereto belonging, erected on or in the highway right-of-way.
To protect the highway surface or pavement on said projects, all equipment used by the permittee and/or its contractor shall be approved by the Borough. Such equipment shall have rubber runners or wheels. In the event that other than rubber-equipped machinery is used, the pavement shall be protected by the use of heavy rubber or similar matting which shall be a minimum of four inches wider on each side than the tracks or wheels of the equipment used.
If in the construction work the permittee will be required to use certain blasting operations in the excavation, the permittee agrees to make, execute and deliver to the Borough a bond in the sum stipulated by the Borough, with surety in the form of a surety company duly registered and authorized to do business in Pennsylvania, conditioned that the permittee will save harmless the Borough from any damages whatsoever to its subgrade, subbase, modified subbase, drainage facilities, road metal and any other installations or matters in, under or upon the highway right-of-way for a period of two years from the date of the completion of the last work covered by the permit.
Maintenance and protection of traffic during work authorized by an occupancy permit must be carried out in accordance with the requirements of the Borough. In this connection, the permittee shall provide and maintain all necessary precautions to prevent injury or damage to persons and property from operations covered by the permit. A traffic control plan may be required as directed by the Borough.
A. 
Warning signs shall be placed beyond each end of the actual operation in such a manner as to be visible to the traveling public and meet the requirements of the Borough. These signs shall display the name of the permittee and/or its contractor on the back of the sign. Special employees shall be assigned by the permittee and/or its contractor to direct traffic when it becomes necessary to limit it to one way. Advance permission must be obtained from Borough or its authorized representative before directing traffic through one lane. Substantial barricades with adequate illumination shall be provided and maintained for any open trench or hole in the highway right-of-way in a manner approved by the Borough.
B. 
Flagmen will be provided as specified and in accordance with the requirements of PennDOT.
Any opening or impairment of any nature whatsoever of any improved surface within the Borough right-of-way as authorized by Borough permit of any kind shall be made in accordance with the following specified provisions:
A. 
Plates or bridging will be required on all openings made within the improved surface which have a shortest dimension in length or width of six feet or less whenever work cannot be completed prior to peak traffic hours within the same day or in the manner specified on the permit. The plate or bridging is to be extended a minimum of 18 inches on either side of the opening and tied into the existing cartway.
B. 
The permittee is responsible for all costs and expenses of making and maintaining temporary or permanent restorations of disturbed areas. When permanent restoration is made, the permittee shall be responsible for such areas for any subsequent failure of the highway surface during a period of two years following completion of the permanent restoration work.
No openings for the purpose of placing pipelines or other structures under the improved surface of the road or highway by drilling, boring, driving or tunneling shall be made closer than three feet to the edge of the road material, and trenches for conduits, water, steam, oil, gas pipes, sewers and other obstructions placed parallel to the road or highway shall be dug so that the near edge of the trench is at least three feet outside the edge of the road material with a minimum depth of three feet below the surface of the road or highway unless the Borough shall authorize, in writing, a lesser clearance. A greater distance shall be used wherever practicable.
The trench for such construction shall not be opened for a distance of more than 500 feet at any one time unless specially authorized by the Borough. At no time will the permittee be permitted to leave more than 100 feet of trench open at the end of a working day whenever utilizing the shoulder of a Borough highway for the utility.
Where a tile drain or other structure or facility is encountered, it shall be replaced or restored by the permittee and/or its contractor in accordance with the prevailing standards of the Borough.
The permittee and/or its contractor shall place the tops of manholes so that they shall be even with the elevation of the highway and slope of its shoulder unless a lower elevation shall be approved.
All excess excavated material shall be removed and disposed of outside the legal limits of the highway as the work progresses unless the approval of the Borough is obtained for disposal of the material within the legal limits of the highway. All parts of the highway and various structures disturbed shall be restored to a condition equal to that which existed before starting the work. Guardrails shall be replaced to the present alignment and any guard posts discolored through the work of the permittee and/or its contractor shall be refinished by washing or repainting.
All openings required to be made in the cartway or road material for the installation, renewal, or repair of a utility, including utilities under the control of or owned by a municipality, shall be made pursuant to permit, or written authorization issued to the municipality, by the Borough in accordance with the following requirements on backfilling and pavement replacement:
A. 
Backfilling.
(1) 
The trench is to be backfilled with 2A Material, compacted in eight-inch layers. All excavated material is to be removed from the site. Compaction is to be completed to the bottom elevation of the pavement. All pipe is to be bedded in accordance with the agency responsible for the utility.
(2) 
The Borough may require the backfill material to be tested for conformance to Section 703.3, PennDOT Publication 408. All trenches are to be compacted to 95% using a standard protractor.
B. 
Pavement replacement. Temporary restoration is required. Temporary restoration shall consist of two-inch asphalt material (nineteen-millimeter binder course).
(1) 
Base course (permanent trench restoration).
(a) 
Prior to the replacement of the base course, the existing base and surface must be sawed and milled one foot on each side of the trench and removed. For an existing concrete roadway, the base course shall be replaced with a minimum of eight inches high-early-strength concrete to the elevation of the existing crushed base course. The high-early-strength concrete after placement must be cured in accordance with Section 501.3(n), Form 408. Following the concrete curing, a tack coat of asphalt material will be required. The tack coat shall meet the requirements of Section 460, PennDOT Publication 408. After the tack coat has cured, the asphalt wearing course shall be placed. For bituminous asphalt roadways, the high-early strength concrete shall be replaced with 4 1/2 inches of twenty-five-millimeter base course and depending upon the roadway, as determined by the Borough Engineer, two inches of nineteen-millimeter binder course.
(b) 
If the trench excavation exceeds four feet in width, No. 6 reinforcing bars placed at six-inch center to center with a two-inch clear on each end and a three-inch clear on the bottom must be installed in the concrete base course, or the base course replacement shall consist of an asphalt base course meeting the requirements of Section 305, PennDOT Publication 408. Minimum depth of asphalt base course shall be 5 1/2 inches.
(2) 
Surface course (permanent trench restoration).
(a) 
The surface course shall be replaced in accordance with the depths of existing asphalt surface, but in no case shall the wearing course be less than 1 1/2 inches of nine-and-one-half-millimeter Superpave wearing course. An additional one foot on each side of the trench must be sawed or cut in a neat, straight line prior to placing the asphalt surface material and base course as specified above.
(b) 
Where the trenching has been excavated within the roadway and parallel thereto, the pavement shall be further restored by placement of a one-half-inch asphalt wearing course nine-and-one-half-millimeter Superpave wearing course over the disturbed roadway for a minimum width of at least 1/2 the roadway surface. Prior to placement of the overlay, the roadway surface shall be tack coated and the pavement notched along the proposed paving edges in accordance with Borough standards.
C. 
Utilities utilizing the shoulder of Borough highways. Backfilling and final restoration of the shoulder of Borough highways shall be made as follows: Local material excavated from the trench may be used for backfill if the material complies with Pennsylvania Department of Transportation Specifications, Section 206.2, PennDOT Publication 408, and is compacted in accordance with the requirements as set forth under Subsection A hereof, within 18 inches of final grade. The final 18 inches of backfill must also be compacted and made with No. 2A material. The shoulder surface shall be replaced in-kind in accordance with the standards of the Borough.
On highways other than limited access highways, utility poles, guys and other ground-mounted utility appurtenances shall be placed at least 30 feet from the edge of the traveled roadway where sufficient right-of-way is available. When sufficient right-of-way is not available, the poles shall be placed as near to the right-of-way line as possible. No poles or other overhead structures shall be placed where they will obstruct the view of traffic on the highway nor within five feet of any warning or direction sign unless specifically permitted in writing.