[Adopted 9-20-1994 by Ord. No. 94-07; amended in its entirety 11-15-2022 by Ord. No. 2022-01]
Permit applications to the Borough of Dravosburg shall comply with the following:
A. 
Shall be submitted in person or by mail on a form provided by the Borough of Dravosburg. Additionally, all of the provisions of "Pennsylvania One Call" shall be strictly adhered to, and the applicant shall insure that the Borough is also directly put on notice as to any activity involving its streets, roads and rights-of-way.
B. 
Shall be signed by the applicant.
C. 
Shall include two sets of plans detailing the location and pertinent dimensions of the opening, the proposed installation and related highway features.
D. 
Shall be accompanied by a check or money order payable to the Borough of Dravosburg in the amount specified in the permit section of this document.
E. 
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 five days from the occurrence of the emergency. Work as to permanent restoration after emergency repairs shall be completed within 10 days of the emergency repairs and shall be inspected by the Borough Engineer.
F. 
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.
G. 
Upon approval by the Borough, a permit shall be issued, including a permit placard. The placard shall be retained by the permittee and shall be posted and displayed in a prominent location at all times at the work site for the entire work period.
H. 
Not more than 200 linear feet shall be opened in any street at any time.
I. 
Basis of measurements. The basis of measurement of street surface opening shall be the actual number of square yards of paving or surfacing necessary to completely repair the street surface at such opening. A fraction of 1/2 of a square yard shall be considered as a full square yard and payment shall be made on this basis. All openings shall be measured by the Borough Engineer and such measurements shall be final and conclusive.
J. 
Supervision and inspection. All work done under the authority of any permit shall be supervised and inspected by the Borough Engineer or, with his consent, the Street Department Head, and such supervision shall be done at the sole expense of the person, firm or corporation securing such permit after billing by the Borough for such services. When the opening is for sewer line construction, applicant shall notify the Borough Engineer, prior to backfilling.
A. 
It shall be unlawful for any person, firm or corporation to tear up any street or alley, sidewalk and curb in the Dravosburg for any purpose whatsoever, without first obtaining a permit from the office of the Borough Secretary. The charge for said permits shall be as follows:
(1) 
A permit fee and inspection fee shall be paid to the Borough prior to issuance of the permit. The Borough shall have the right to waive fees for contractors performing the work under contract with the Borough.
B. 
The minimum charge for a permit for a street opening be $150 for openings less than or equal to five feet by five feet or 25 square feet. Openings greater than five feet by five feet or 25 square feet are assigned an additional fee of $10 per square foot, not to exceed a total of $3,000. Permittees are also required to pay a $100 inspection fee per street opening.
Note: Applicants who promptly submit their application prior to start of construction will owe a $100 permit fee instead of $150. $50 of the original fee will be waived.
C. 
The Borough Secretary shall submit all applications to the Borough Engineer, who shall investigate same, and if the Engineer finds it necessary to do said work in the manner described therein, and that the same can be done without closing the highway to public travel, the said Engineer shall approve the application in writing and fix the amount to be charged as hereinafter provided.
D. 
If said application is approved in writing by the Engineer, the Borough Engineer shall issue a permit to the applicant upon the payment, by the applicant, of the amount hereinafter fixed, or the furnishing of a prescribed bond.
E. 
After a permit is issued by the Borough, it shall not be assigned or transferred.
An applicant shall file a properly executed certificate of insurance with the Borough and verify that the applicant is insured against claims for personal injury as well as against claims for property damages which may arise from the performance of the excavation work, whether such performance be by the applicant or by anyone directly or indirectly employed by him/her. Such insurance shall include protection against liability arising from completed operations, underground utility damage and collapse of any property. Liability insurance for bodily injury shall be in an amount not less than $300,000 for each person and $300,000 for each accident, and for property damages an amount not less than $100,000. Failure of an applicant to file a certificate of insurance shall be sufficient reason for denying said permit. The applicant shall save harmless the Borough from any and all damages and liability by reason of personal injury or property damage arising from work done by the applicant under the provisions of this article.
The applicant shall be required to execute and deliver unto the Borough an agreement, or its performance and labor and materials payment bond(s) 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. Upon completion of restoration, the applicant shall be required to execute and deliver to the Borough an agreement or its maintenance bond with an approved surety, or both, as its guarantee and warranty against defects regarding said restoration for a period of one year from the date of acceptance by the Borough of said restoration work. At the expiration of the period of one year after the completion of the resurfacing of the street, alley, sidewalk or curb of the Borough occasioned by the openings authorized by the permit or permits, the Borough Engineer shall order the return of all cash deposits and bonds posted if the conditions which they cover have been performed. In the event the Borough has been compelled to make repairs after notice as above recited, the cost of such repairs shall be withheld from such cash deposit and the bond shall be subject to payment of the Borough for such amount. It shall be incumbent upon the holder of the permit to give written notice to the Borough Manager of the expiration of the one-year period.
Any applicant or permittee shall be required to restore a Borough road or street to the same condition as it was prior to entry thereon by the permittee in accordance with regulations promulgated by the Borough of Dravosburg. The estimate of such restoration shall be set forth in detail on the permit issued by the Borough of Dravosburg. If the permittee and/or its contractor, after making an opening in the street or right-of-way to place or repair pipe or for any purpose, fails to restore any portion of the street or right-of-way to conform with the specifications of the Borough of Dravosburg, the Borough reserves the right to do the work and bill the permittee for the cost of restoration, plus 20%.
A. 
All work shall be done at such time and in such manner as shall be consistent with the safety of the public and shall conform to requirements and standards of the Borough of Dravosburg. If at any time, it shall be determined by the appropriate official of the Borough that the work is not being done or has not been properly performed, the permittee, upon being notified in writing by said official, shall immediately take the necessary steps, at its own expense, to place the work in condition to conform to such requirements or standards. In case any dispute arises between the permittee and the aforementioned appropriate Borough official, the Borough shall have the authority to suspend work until the question at issue is resolved.
B. 
When four or greater openings occur within one block within a twelve-month period, the contractor shall be required to perform the following work:
(1) 
Mill and replace the entire street of pavement surface from 15 feet beyond the outermost street openings street openings from back of curb to back of curb.
Any person who shall open or excavate any improved street in the Borough. Shall thoroughly and completely backfill the opening or excavation, mechanically compact same so as to prevent any settling thereafter as it was before the opening or excavation, to the same surface and base materials, line and grade as it was before the opening or excavation; as restored, the surface and base shall conform to the line and grade and be of the same materials as that of the undisturbed existing adjacent surfaces and bases. An opening shall be backfilled by the permittee in accordance with the following:
A. 
The opening may first be backfilled with fine aggregate materials, meeting applicable Pennsylvania Department of Transportation standards, or standards as promulgated by the Borough from time to time, and placed to a height not to exceed one foot over the top of the facility, if the material is compacted in not more than four-inch loose layers or as authorized by the Borough. To help protect its facility from future excavations, the permittee shall place a permanent ribbon at least one foot above its facility. If the facility is nonmetallic, the permittee shall place a metallic ribbon at a depth from which the ribbon can be sensed by typical metal locating instruments. The Pennsylvania Department of Transportation Standards refers to: (1) Specifications Publication 408, current edition, and as amended from time to time; and (2) Pennsylvania Department of Transportation, Standards for Roadway Construction, Series RC-IM to 1 QOM, current edition, and as amended from time to time. Both publications are incorporated into and made a part of this article.
B. 
The opening shall then be backfilled with 2A or 2B stone, compacted in four-inch layers as directed by the Engineer, unless retained suitable materials are authorized by the Borough. The aggregate material will be required for use as backfill of openings in pavements, paved shoulders and improved shoulders as well as unimproved shoulders within three feet of the edge of pavement. Retained suitable material will normally be authorized for use as backfill of openings outside shoulders and in unimproved shoulders more than three feet outside the edge of pavement and up to within three feet of the surface.
C. 
Backfill shall be compacted as follows:
(1) 
General rule. Backfill material shall be placed in loose layers not to exceed eight inches if vibratory compaction equipment is used or authorized. Each layer shall be thoroughly compacted to preclude subsidence; otherwise, compaction shall occur every four inches.
(2) 
Compaction outside pavement and shoulders. At least 15 days' prior to the start of work, the applicant may submit its written compaction plan to the Borough office requesting backfill in an opening outside the pavement and shoulder to be placed in layers thicker than eight inches prior to vibratory compaction. The compaction plan shall include full details of equipment, materials and work methods as well as the permittee's acknowledgment of its obligation and commitment to regularly monitor the restoration of the permitted work and to promptly correct failure or subsidence of the roadway. The Borough may condition its approval of a compaction plan on the execution of a bond if a part of the opening is within the improved area.
(3) 
Existing pavement elevation. Compaction shall be completed to the bottom elevation of the existing pavement.
D. 
The Borough may require the permittee to have material proposed for use as backfill and compacted material tested, at the expense of the permittee.
A. 
Temporary restoration. A temporary pavement consisting of bituminous cold patch material, not less than one-inch compacted depth, shall be installed flush with the surface of the existing undisturbed pavement and shall be maintained until permanent restoration has been completed. On unimproved streets, compacted 2A stone material, not less than three inches compacted depth, shall be installed and maintained until permanent restoration has been completed.
B. 
Permanent restoration.
(1) 
Permanent restoration shall be performed and completed as soon as the utility work has been completed, but in no instance shall permanent restoration be completed any longer than three months from the official date of said completion, except as may be necessitated by winter weather conditions and as approved by the Borough. Failure to comply shall result in the penalties as set forth elsewhere herein.
(2) 
Permanent restoration shall include back of curb-to-back of curb replacement. This includes the entire curb for the length of the restoration. The street shall be milled 1 1/2 inches for a distance of 15 feet beyond the excavation opening. See attached Drawing No. IX:2.03:14 and Drawing No. IX:2.04:06.[1]
[1]
Editor's Note: Drawing No. IX is included as an attachment to this chapter.
C. 
Bitumous pavement restoration shall consist of the following:
(1) 
Saw one foot outside the initial excavation and remove temporary paving and base to a depth of 7 1/2 inches below the existing finished surface and furnish and install the following: See attached Drawing No. IX:2.03:05.[2]
[2]
Editor's Note: Drawing No. IX is included as an attachment to this chapter.
(2) 
Thoroughly compact subgrade.
(3) 
Place eight-inch compacted depth of a 2A modified stone base.
(4) 
Place six-inch compacted depth of 25.0 mm Superpave binder material.
(5) 
Place one-and-one-half-inch compacted depth of 9.5 mm Superpave wearing material.
(6) 
Immediately following paving operations, hand mop and seal all edges where new pavement meets existing surfaces with AC-20 sealing material.
D. 
Where concrete curb is to be restored, the contractor shall saw cut and remove affected curb to the next undisturbed expansion or contraction joint, shall place one-half-inch pre-molded expansion joint material and install medium depth eighteen-inch plain cement curb to match width and reveal of the adjacent existing undisturbed curb. Concrete shall be 4,000 PSI air entrained. All new finished concrete surfaces shall be treated with BASF Enviroseal 40 or equivalent. See attached Drawing No. IX: 3.05:02.[3]
[3]
Editor's Note: Drawing No. IX is included as an attachment to this chapter.
E. 
Where concrete sidewalk is to be restored, the contractor shall excavate and remove existing affected sidewalk to the next undisturbed expansion or contraction joint, shall saw cut smooth and replace full slabs. Specifications shall include five-inch minimum depth of compacted 2B or crushed stone subbase and five-inch thickness of 4,000 PSI air-entrained concrete, with No. 10/10 gauge welded wire fabric, one-half-inch pre-molded expansion joints where new concrete construction meets existing construction and placed at 30 feet center to center, with contraction joints at 10 feet center to center. All new finished concrete surfaces shall be treated with BASF Enviroseal 40 or equivalent. See attached drawing No. IX:3.05:04B.[4]
[4]
Editor's Note: Drawing No. IX is included as an attachment to this chapter.
F. 
Additional restoration shall be required as follows:
(1) 
If disturbed lanes adjacent to undisturbed lanes are overlaid, the edge of the disturbed lanes 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 insure a smooth joint, with proper elevation md cross sections. A full-width overlay may be authorized on various roadways instead of saw cutting or milling the disturbed land.
(2) 
Restored openings in the pavement or paved shoulder shall be sealed in the case of bituminous concrete or in the case of cement concrete.
G. 
Test holes shall require a street opening permit for any test hole work. No test holes shall be made in or upon a greater surface of the highway than as specified in such permit, and no excavation may interfere with any water pipes, sewers or drains of the Borough or any other underground utility service. Test holes shall be promptly backfilled in accordance with provisions set by the Borough.
A. 
Any person, partnership, firm or corporation who violates any provision of this article shall, upon summary conviction, be sentenced to pay a fine of $600 for each offense and/or be sentenced to a term of incarceration not to exceed 90 days. In cases of persons, partnerships, associations, firms or corporations, the penalty may be imposed upon the parties or members thereof. The continuation of such violation for each successive day shall constitute a separate offense, and the person or persons allowing or permitting the continuation of a violation may be punished as provided above for each separate offense.
B. 
In addition, the proper authorities of the Borough of Dravosburg may institute any appropriate action or proceeding to prevent violations of the provisions of this article, 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 revocation within five days of receipt of notice of such revocation to Borough Council.
Any ordinance or any part of any ordinance conflicting with the provision of this article are hereby repealed, but only to the extent of such conflict.
The provisions of this article are severable. If any sentence, work phrase, clause or section of this article is for any reason found to be unconstitutional, illegal or invalid, such unconstitutionality, illegality or invalidity shall not affect or impair any of the remaining provisions, sentences, words, phrases, clauses or sections of this article. It is hereby declared that it be the intent of the Council of the Borough of Dravosburg that this article would have been adopted had such unconstitutionality, illegality or invalid sentence, word, phrase, clause or section not been included herein.