[Adopted 9-22-2022 by Ord. No. 22-07[1]]
[1]
Editor's Note: This ordinance also repealed former Ch. 21,
Part 1, Opening of Streets, adopted 6-13-1994 by Ord. No. 518 and
amended in its entirety 11-1-2011 by Ord. No. 11-04.
Pursuant to its authority under 8 Pa.C.S.A. § 1202(12), as amended, to regulate the streets, public squares, common grounds, sidewalks and curbs of the Borough; pursuant to its authority under 8 Pa.C.S.A. § 1202(5), as amended, to make such regulations as may be necessary for the health, safety and general welfare of the Borough and its residents; pursuant to its authority under 8 Pa.C.S.A. § 1202(3), as amended, to impose fines and penalties; and pursuant to its authority, under 8 Pa.C.S.A. § 1006(4), as amended, to enact and amend such ordinances as it shall deem beneficial to the Borough; it is the desire and intent of the Sharpsburg Borough Council to ensure that the safety and general welfare of the Borough and its citizens in the best possible condition for both safety and financial reasons. Therefore, the Sharpsburg Borough Council enacts the within Part 1.
Permit applications to the Borough of Sharpsburg shall comply
with the following:
1.
Shall be submitted on a form and in a manner prescribed by the Borough
of Sharpsburg.
2.
Shall be signed by the applicant.
3.
Shall include two sets of plans, if submitted on paper, detailing
the location and pertinent dimensions of the opening, the proposed
installation and related highway features.
4.
Shall be accompanied by payment to the Borough of Sharpsburg in the
amount of $150 minimum or, in lieu, any utility which is regulated
by the Public Utility Commission may post a $10,000 annual bond with
the Borough.
5.
That such application shall be submitted to the Borough at least
30 days' prior to the anticipated start of the work; provided,
nevertheless, that in cases of emergency such application shall be
submitted as soon as shall be practicable but in no event later than
the close of business on the first regular business day after the
occurrence of the emergency.
6.
The appropriate Borough official shall examine and determine the
completeness of each application and may reject any application if
said official is not satisfied with the information provided.
Issuance fees in amount necessary to defray the costs incurred
by the Borough in reviewing and processing applications and plans,
including the preliminary review of the site location identified in
the application, and issuing and processing the permit shall be as
established from time to time by Borough Council.
The applicant shall be required to execute and deliver unto
the Borough an agreement or its bond with approved surety, or both,
as a prerequisite to the issuance of any such permit, in an amount
to be determined by the appropriate issuing Borough official, the
amount of which shall equal the estimated cost of the work, for the
purpose of indemnifying the Borough for any costs, damages or expenses
incurred or estimated as the result of the restoration of such Borough
street and right-of-way which is the subject of said application.
1.
Except in the case of emergencies, no street is to be closed without
prior permission of the Sharpsburg Borough Police Department.
2.
Except in the case of emergencies, notification of street closures
must be made to the appropriate Borough contacts using the mechanism
prescribed by the Borough during the permit process no less than 48
hours prior to the street closure and no greater than 14 calendar
days ahead of the planned closure. In the case of emergencies, notification
must be made as soon as practicable during business hours or promptly
at the start of business on the next normal business day.
A.
Street closure notifications are to include:
3.
In all circumstances, notification of street closures shall be made
to the Public Safety Answering Point (PSAP) immediately prior to closing
the street and again upon reopening the street to facilitate notification
and awareness of public safety entities such as police, fire, and
emergency medical services.
A.
Should the closure be intermittent (e.g., daily from 9:00 a.m. to
3:00 p.m.), notification of street closure and reopening shall be
made to the PSAP on each day in which the closure occurs.
4.
A qualified flagman shall be provided by the permit holder or person
conducting emergency work. Such a flagman is hereby authorized and
empowered to direct vehicle and pedestrian traffic during the course
of performance of the work. Cost and responsibility for said flagman
shall be upon the permit holder or person conducting emergency work.
5.
Barricades, barriers, signs, or other warning devices are to be utilized
at all opening sites. When night work is performed, lighted barricades,
barriers, signs, or other warning devices are to be utilized.
1.
Requirements for openings parallel to a roadway or right-of-way are
as follows:
A.
A utility facility shall be placed outside the pavement and shoulder
unless there is no feasible space outside the pavement shoulder for
placing the facility, in which case occupancy within the pavement
or shoulder may be authorized by the permit.
B.
The top of a utility facility shall be installed at least three feet
beneath the surface.
C.
On an unpaved road, the near edge of the opening shall be at least 12 feet from the general center line of the traveled highway or as authorized in Subsection 1A.
D.
No opening may be made for more than 200 linear feet at one time,
unless authorized by the permit.
E.
The permittee shall protect its opening to provide for the safety
of the traveling public, including motorists, bicyclists and pedestrians.
2.
Daily stoppage of work requirements include the following:
A.
Except for emergency repairs of utility facilities, work within the
pavement or shoulder shall be stopped prior to peak traffic hours
that may exist on a particular roadway on a particular day and as
specified in the permit.
B.
At the end of each workday, an opening in the right-of-way shall
be:
(1)
Covered with steel plates or bridging over openings which are
less than six feet in either length or width. The plates or bridging
shall be extended a minimum of 18 inches from each edge of the opening
and shall be secured in a safe manner.
(2)
Backfilled to the bottom elevation of the pavement or base course,
or to the original surface elevation if outside the pavement and shoulder,
and protected under an approved traffic control plan until the surface
is restored to its former condition.
C.
The permittee shall protect its openings to provide for safety of
the traveling public, including motorists, bicyclists and pedestrians.
Any applicant or permittee shall be required to restore a Borough
road to the standards outlined in this Part 1. The estimate of such
restoration shall be set forth in detail on the permit issued by the
Borough of Sharpsburg.
All street openings and excavations shall be cut clearly and
not ripped upon a backhoe or similar equipment and shall be promptly
restored by reliable people experienced in the business of constructing
streets at the expense of the permit holder as follows:
1.
Road restoration following installation of construction in, along,
or under Borough roads.
A.
Utility trench construction greater than six feet outside the edge
of pave of a Borough road.
(1)
Remove broken parts of the edge of pave on either side of the
Borough road.
(2)
Fill those areas with 25 mm Superpave (PennDOT 408) to within
1 1/2 inches of the existing road surface.
(3)
Provide necessary depth of 9.5 mm Superpave (PennDOT 408) to
meet the existing pavement over the 25 mm Superpave (PennDOT 408)
from above.
(4)
Fill all potholes with 9.5 mm Superpave (PennDOT 408) to the
surface of the existing road pavement.
(5)
Seal interface of patch and existing pavement surface with a
twelve-inch width of crafco asphalt rubber Type 2 sealant.
B.
Utility trench construction six feet or closer to the edge of a Borough
road or along the edge of pave.
(1)
Rebuild shoulder to a four-foot width with nine-inch depth of
PennDOT 2A aggregate at a cross slope of one inch/foot.
(2)
Remove broken pieces of the edge of pavement (both sides of
the road).
(3)
Fill those areas with 25 mm Superpave (PennDOT 408) to within
1 1/2 inches of existing road surface.
(4)
Mill existing road surface 1 1/2 inch depth from the edge
of pave (nearest the utility line construction) to the center line
of the existing road.
(5)
Repave the half width [that was milled with 1 1/2 inch
depth compacted 9.5 mm Superpave (PennDOT 408)] from the edge of pave
to the center-line milled joint.
(6)
Complete filling potholes on the unmilled portion of the Borough
road with 9.5 mm Superpave (PennDOT 408).
(7)
Seal longitudinal joint with a twelve-inch width of crafco asphalt
rubber Type 2 sealant.
(8)
Seal interface of pothole patches on the remaining portion of
the Borough road with a twelve-inch width of crafco asphalt rubber
Type 2 sealant.
C.
Utility trench construction within or on the edge of a Borough road.
(1)
Saw-cut existing pavement to a width of at least two feet outside
the diameter of the proposed underground utility line.
(2)
After utility line placement, including the bedding material,
the trench shall include:
(a)
From the top of the bedding material the utility trench shall
be backfilled with AASHTO No. 57 (PennDOT 408) (depth will vary) to
within 22 inches of the surface of the existing pave.
(b)
After completion of the above AASHTO No. 57, construct a twelve-inch
(compacted) depth of AASHTO No. 1 stone (PennDOT 408).
2.
Permit holder is responsible for any settlement of the road surface
or other defect in the work appearing within two years from the date
completion of street restoration and, if the applicant fails to rectify
the same within 60 days after written notice from the Borough to do
so, the Borough may do the work and impose upon the applicant the
cost thereof, together with an additional 20% of such cost to be collected.
1.
Costs of inspection for installation or repair of utilities and the
restoration of Borough roads and rights-of-way.
A.
At least seven days' prior to the start of construction as permitted,
permittee shall tender to the Borough a deposit to be held in escrow
for any Borough inspection or inspection activities, in an amount
determined by the Borough based upon the scope of the work to be performed.
All unused funds deposited in an escrow for inspection activities
shall be returned following satisfactory completion of the work.
B.
All costs of inspection that exceed the amount held in escrow pursuant
to this Part 1 shall be remitted to the Borough within 15 days of
written demand therefor.
2.
Any costs to the Borough associated with completion of work or restoration
not performed by the permittee, and any interest charge assessed,
shall be recoverable by the Borough in any manner available in law.
The within ordinance supersedes and repeals all former and prior
ordinances or parts thereof which conflict or are inconsistent with
the provisions of this part and to the extent that any prior or existing
ordinances of the Borough of Sharpsburg are inconsistent with the
terms of the within ordinance, said inconsistent ordinances are hereby
repealed.
1.
That any person, firm or corporation violating any of the provisions
of this part, upon conviction thereof before a Magisterial District
Judge, shall be sentenced to pay a fine of $600 plus the costs of
prosecution and, in default of payment of said fine and costs, to
a term of imprisonment not to exceed 30 days.
2.
In addition, the proper authorities of the Borough of Sharpsburg
may institute any appropriate action or proceeding to prevent violations
of the provisions of this part or of any permit issued by the Borough.
Upon receipt of oral or written notice of any violations from the
proper Borough official, the permittee shall cease to perform any
further work in the permitted area, except to restore the area to
a safe condition. No further work shall commence in the permitted
area until the violations have been remedied. Where the permittee
has received oral notice of the violation, written notice shall be
sent to the permittee within 10 days of receipt of the oral notice.
In addition, the proper official of the Borough may revoke the
applicant's permit; provided, nevertheless, that the applicant
shall have the right to appeal such a revocation to the Borough Council
within five business days of the receipt of such a notice of revocation.
This Part 1 shall become effective in accordance with 8 Pa.C.S.A. § 3301.3.
