[Ord. 639, 7/11/1994]
The following words used in this Part shall have, unless the
context clearly indicates otherwise, the meanings given to them in
this Section:
ACKNOWLEDGMENT OF COMPLETION
The date on which the Borough records that the permitted
work appears to be completed under the permit and this Part.
ADJACENT AREA
The area surrounding the immediate area of the permitted
work which can reasonably be assumed to have been affected by the
permitted work.
BACKFILL
Material used to replace or the act of replacing material
removed during construction.
BASE COURSE
The layer or layers of specified or selected material or
designed thickness placed on a subbase or a subgrade to support a
surface course.
BOROUGH
The Borough of Selinsgrove, Snyder County, Pennsylvania.
BOROUGH COUNCIL
The duly elected Council of the Borough of Selinsgrove, Snyder
County, Pennsylvania.
BOROUGH ENGINEER
The duly appointed civil engineer for the Borough of Selinsgrove,
Snyder County, Pennsylvania.
BOROUGH MANAGER
The duly appointed Manager for the Borough of Selinsgrove,
Snyder County, Pennsylvania.
CLEAR ZONE
The portion of the right-of-way beyond the pavement edge within which, under Design Manual, Part
5, no new obstructions may be located.
CULVERT
A structure under the pavement with an opening of 20 feet
or less measured along the center of the pavement.
DEPARTMENT
The Department of Transportation of the Commonwealth of Pennsylvania.
DESIGN MANUAL, PART 5
A Department publication containing the Department’s
utility relocation and accommodation policies relating to permits
issued in conjunction with highway construction projects.
EMERGENCY
An unforeseen occurrence or combination of circumstances
which calls for immediate action or remedy.
EMERGENCY REPAIR
Repair to a utility facility undertaken to repair damage
resulting from a vehicle accident or collision with the facility,
a failed component or storm damage. The term does not include service
connections or disconnections unrelated to vehicle accident, a failed
component or storm damage.
EQUIPMENT
Machinery and equipment, together with the necessary supplies
for upkeep and maintenance, and tools and apparatus necessary for
the proper construction and completion of the work.
FLEXIBLE BASE PAVEMENT
A pavement structure which maintains intimate contact with
and distributes loads to the subgrade and depends on aggregate interlock,
particle friction and cohesion for stability.
GROUT
A mixture of cement, water and sand.
HIGHWAY
A highway on the system of Borough highways, including the
entire width between right-of-way lines. The term “highway”
includes any and all Borough streets, roads, lanes, alleys and rights-of-way.
IMPROVED AREA
The area within the right-of-way which has been constructed
for highway purposes, including roadbed, pavement, shoulders, slope,
sidewalks, drainage facilities and other appurtenances.
INSPECTOR
The Borough’s authorized representative assigned to
inspect permit operations.
PAVEMENT
The combination of subbase, base course and surface course
placed on subgrade to support the traffic load or distribute it to
the roadbed, or both. The term normally includes the traveled portion
of the highway and extends to the face of the curb in a curbed section.
The term does not include shoulders.
PERMIT
A highway occupancy permit issued by the Borough Manager.
PERSON
A natural person, firm, partnership, association, corporation,
trust or any entity with legal responsibilities. Whenever used in
any clause prescribing or imposing a fine or imprisonment, or both,
“person” shall mean, as applied to associations, the partners
or members thereof and, as applied to corporations, the officers thereof.
PLANS
Which show the location, character and dimensions of the
proposed occupancy and related highway features, including layouts,
profiles, cross sections and other details.
PLOWING
Direct burial of a utility line by means of a plow-type mechanism
which breaks the ground, places the utility line and closes the break
in the ground in a single operation.
PUBLICATION 408
A Department publication containing the Department’s
highway construction specifications, as supplemented.
RIGHT-OF-WAY
The area which has been acquired by the Borough for highway
purposes.
RIGID BASE PAVEMENT
A pavement structure which distributes loads to the subgrade
having as one course a Portland concrete slab of relatively high bending
resistance.
ROADBED
The graded portion of a highway within top and side slopes,
prepared as a foundation for the pavement and shoulder.
SEAL COAT
A thin treatment consisting of bituminous or other approved
material, usually with cover aggregate, applied to a surface course.
SHOULDER
The existing improved or graded portion of the highway, contiguous
to the traffic lanes, for accommodation of stopped vehicles, for emergency
use or for lateral support of base and surface courses of pavements.
SUBBASE
The layers of specified or selected material of designated
thickness placed on a subgrade to support a base course.
SUBGRADE
The top surface of a roadbed upon which the pavement structure
and shoulders, including curbs, are constructed.
SUITABLE MATERIAL
Soil, granular material or shale meeting specifications in
§206.2 of Department Publication 408.
SUPPLEMENT
An amendment to the highway occupancy permit issued by the
Borough.
SURFACE COURSE
One or more layers of a pavement structure designed to accommodate
the traffic load, the top layer of which resists skidding, traffic
abrasion and the disintegrating effects of climate. The top layer
is sometimes called the “wearing course.”
TACK COAT
An application of bituminous material to an existing surface
to provide bond with a superimposed course.
TEST HOLE
An exploratory opening less than 100 square inches.
UTILITY
A person owning a utility facility, including any wholly
owned or controlled subsidiary.
UTILITY FACILITY OR FACILITY
Privately, publicly or cooperatively owned lines, facilities
and systems for producing, transmitting or distributing communications,
power, electricity, light, heat, gas, oil, crude products, coal, water,
steam, waste, stormwater not connected to Department or Borough drainage
facilities and other similar commodities, including fire and police
signal systems and street-lighting systems, which directly or indirectly
serve the public or any part thereof.
VEHICLE
Every device which is or may be moved or drawn upon a highway.
[Ord. 639, 7/11/1994; as amended by Ord. 825, 10/3/2016]
1. All persons
required to obtain a permit shall follow and abide by the permit application
procedures set forth in 67 Pa.Code §459.3(b), (d), (e), (f),
(g), (h), (i) and (j) and all amendments thereto, which procedures
are adopted in their entirety and incorporated herein by this reference,
except that where applicable the word “Borough” shall
be substituted for the word “Department.”
2. A permit
application shall be submitted to the Borough Manager.
3. The Borough
Manager or, when necessary, the Borough Engineer will examine and
determine the genuineness, regularity and legality of every application
and may reject an application if not satisfied as to its genuineness,
regularity or legality or the truth of a statement contained in the
application. The Borough Manager and/or Borough Engineer may also
make investigations and require additional information as he deems
necessary.
4. The applicant
may appeal an adjudication of the Borough Manager to the Borough Council
by submitting a written request for a hearing within 30 days after
service of the document containing the adjudication. A filing fee
in an amount as established, from time to time, by resolution of Borough
Council, made payable to the Borough, shall accompany each request.
[Ord. 639, 7/11/1994; as amended by Ord. 682, 9/13/1999; and by Ord. 825, 10/3/2016]
1. Application
Fees.
A. Application
fees charged to defray costs incurred by the Borough in reviewing
and processing the application and plans, including the preliminary
review of the site location identified in the application, whether
or not a permit is issued and processed, and for the depreciation
of the structural integrity of the Borough streets from such cuts
and excavations, shall be in amounts as established, from time to
time, by resolution of Borough Council.
B. From
time to time, the Borough is authorized to modify the above-mentioned
fees by a duly adopted resolution, which shall be deemed to have the
same effect as if fully set forth herein.
2. General
inspection fees charged to defray costs incurred by the Borough in
spot inspections of permitted work or subsequent inspections after
the permitted work has been completed and to monitor compliance with
the permit and this Part shall be in accordance with those set forth
in 67 Pa.Code §459.4(b)(1) through (6), and all amendments thereto,
which fees are adopted in their entirety and incorporated herein by
this reference. Any such change of those fees in that Section shall
be applicable herein without any formal action by the Borough Council.
3. Permit
application fees and general permit inspection fees are not required
from the following:
A. The Commonwealth
of Pennsylvania or any of its political subdivisions.
B. Governmental
authorities organized under the laws of the Commonwealth of Pennsylvania.
D. Utility
facility owners for:
(1) The installation or maintenance of highway lighting at the request
of the Borough.
(2) The replacement or renewal of their facilities prior to a Borough
maintenance project after notice from the Borough.
(3) The removal of poles and attached appurtenances.
(4) Facilities moved at the request of the Borough.
4. Additional
Fees.
A. If the
Borough anticipates that the cost of reviewing the required application
information or inspecting the permitted work will exceed the application
or inspection fees listed in this Part by a significant amount, the
following additional fees shall be assessed:
(1) The Borough will estimate the additional amount of engineering, surveying,
administrative costs and fees and prepare a reimbursement agreement
for execution by the applicant. The Borough’s review of the
permit application will commence on the effective date of the agreement.
(2) If the Borough determines that the permitted work is of sufficient
magnitude or importance to warrant assignment of one or more persons
to inspect the permitted work on a more than spot inspection basis,
the permit will so indicate, and the permittee shall be charged for
additional salary, overhead and expenses incurred by the Borough for
inspection.
B. The charges
will be calculated either on an actual cost basis or a standard unit
cost basis.
C. The Borough
will provide an itemized invoice for additional fees due the Borough.
[Ord. 639, 7/11/1994]
Work authorized by the permit is subject to the provisions for
special conditions set forth in 67 Pa.Code §459.8, and any amendments
thereto, which provisions are adopted in their entirety and incorporated
herein by this reference.
[Ord. 639, 7/11/1994]
Work authorized by the permit is subject to the provisions for
aboveground facilities set forth in 67 Pa.Code §459.9, and any
amendments thereto, which provisions are adopted in their entirety
and incorporated herein by this reference, except that where applicable
the word “Borough” shall be substituted for the word “Department.”
[Ord. 639, 7/11/1994; as amended by Ord. 825, 10/3/2016]
1. Violations
of this Part or the permit requirements constitute grounds for imposition
of the following penalties:
A. Upon
receipt of oral or written notice of violations from the authorized
representative of the Borough or a police officer whose jurisdiction
includes the permitted work area, 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 may commence in the permitted
area until the violations have been remedied. Where the permittee
has received oral notice of the violations, written notice shall be
sent to the permittee within 10 days of receipt of the oral notice.
B. Confiscation
of the permittee’s permit by any police officer or authorized
representative of the Borough.
C. Revocation
of the permittee’s permit by the Borough.
D. Removal
of facilities installed without a permit or in violation of the provisions
of this Part.
E. Any person
violating any of the provisions of this Part shall, upon conviction
thereof in an action brought before a magisterial district judge in
the manner provided for the enforcement of summary offenses under
the Pennsylvania Rules of Criminal Procedure, shall be sentenced to
pay a fine of not less than $100 nor more than $1,000 plus costs and
reasonable attorney fees incurred by the Borough in the enforcement
proceeding and, in default of payment of said fine and costs, to a
term of imprisonment not to exceed 90 days. Each day that a violation
of this Part continues or each Section of this Part which shall be
found to have been violated shall constitute a separate offense. Every
violator of this Part shall be deemed guilty of a separate offense
for each and every day such violation continues and shall be subject
to the penalties imposed by this Part for each and every separate
offense. The entire fine shall be paid to the Borough.
2. Additional
grounds for revocation shall be as follows:
A. The Borough
may revoke a permit whenever it determines that the permitted facility
is not being maintained, is in violation of a condition of the permit
or this Part, constitutes a hazard to traffic or interferes with the
proper use of the highway by the Borough or the public.
B. The Borough
may revoke a permit for nonpayment of a fee authorized in this Part,
including default of a check submitted for payment.
3. Prior
to revocation of a permit, except for nonpayment of a required fee,
the permittee shall be given an opportunity for a hearing. The permittee
may appeal an adjudication of revocation of the Borough Manager to
the Borough Council by submitting a written request for a hearing
within 30 days after service of the document containing the adjudication.
A filing fee in an amount as established, from time to time, by resolution
of Borough Council, made payable to the Borough, shall accompany each
request.