[Adopted 4-9-1980 by Ord. No. 836, approved 4-9-1980; amended in its entirety 5-13-2009 by Ord. No. 2009-0003, approved 5-14-2009]
For the purposes of this article, the following words or phrases shall have the meanings ascribed to them in this section, except where the context in which the word or phrase is used clearly indicates otherwise:
APPLICANT
Any person applying for or to whom a permit may be issued.
EXCAVATION or EXCAVATIONS
The digging of any trench or excavating through or under the roadway or sidewalk or the cutting into or opening or removal of any of the pavement surfaces of any street, highway, alley or thoroughfare within the limits of the Borough.
PERSON
A natural person, as well as a firm, partnership, association or corporation.
No person shall make or cause to be made any excavation of any nature whatsoever in any street, highway, alley or thoroughfare owned or maintained by the Borough of Camp Hill without first securing a permit granting authority therefor as hereinafter provided.
Any application for the issuance of an excavation permit shall be filed in the office of the Borough Manager or his designee, upon forms furnished by the Borough for that purpose, and shall be signed by the applicant. Such application shall set forth the location and purpose of the proposed excavation, the dates between which such excavation is to be opened, the dimensions of the excavation, including but not limited to the length, width and depth of the trench, the area of the roadway surfaces to be removed, the date on which all work will be completed and the names of all persons interested in or to be benefited by the work to be done, including the owner of the premises for whom such excavation is being performed. The Borough Manager shall have the authority to issue said permit if, in his opinion, the work is necessary, upon payment of such fee(s) as from time to time shall be set by resolution of the Borough Council.
Upon an application for the issuance of an excavation permit being approved by the Borough Manager or his designee, there shall be issued to the applicant a permit granting authority to make the excavations specified in the application. This permit shall at all times be in the possession of a competent person actually on the work site and shall be shown at all times to any police officer or properly authorized officer or employee of the Borough upon demand. The Borough Manager or his designee shall have the right to refuse to permit an excavation during the period from November 15 to March 15, unless directed by Borough Council to grant such permit. All permits are subject to revocation at any time by the Borough Manager or his designee or by Borough Council in the event of failure of the holder of such permit to comply with any of the conditions upon which the permit has been granted; such conditions, however, shall be in accordance with the provisions of this article.
Permits will be issued to only those utilities which will own and operate the facility after its installation. Permits will not be issued to any utility to install a facility or structure if the utility will not own and operate the facility or structure after its installation. Permits will not be issued to contractors or subcontractors of the utility nor to any persons being serviced by the facility.
A permit is valid for a six-month period or longer as specified on the permit. All permits shall be invalid and expire on the date set forth therein. If the permittee has not completed all authorized work by the completion date specified on the permit, an application shall be submitted requesting a time extension on the permit. If approved, a supplemental permit will be issued by the Borough on payment of an additional fee per day as set forth from time to time by resolution of Borough Council.
The permittee shall pay all the costs and expenses incident to or arising from the project, including the prescribed fees for the same and the cost of making and maintaining temporary restoration of the disturbed areas and making permanent restoration. The grant of a permit by the Borough does not relieve the applicant/permittee from obtaining any consent otherwise required from the owner or owners of the abutting property and does not confer upon the applicant/permittee the right to cut, remove or destroy trees or shrubbery within the legal limits of the street, highway, alley or thoroughfare, except under such conditions, restrictions and regulations as the permit may specifically prescribe and the approval of the Shade Tree Commission, if applicable.
The following construction requirements shall apply to all openings or excavations in streets of the Borough:
A. 
The work shall be conducted so as not to interfere with water mains, sewers or their connections with the house, or any other subsurface lines or construction until permission of the proper authorities in connection with such subsurface lines or construction shall have been obtained. Any damage to such lines or construction shall be repaired immediately and shall be reported to the owner thereof.
B. 
Whenever practicable, tunneling shall be used as a construction method in preference to disturbing the surface of the street, and the Borough Manager or his designee may so specify on the permit. No tunneling shall be used unless the express direction or approval of the Borough Manager or his designee is endorsed on the permit.
C. 
Openings shall be made in the street surface by sawing to neat lines. Excavated material shall be immediately placed in trucks and removed from the construction site.
D. 
Permanent restoration shall be made and guaranteed for a period of one year and shall conform to the requirements of the Pennsylvania Department of Transportation ("PennDOT") for streets with bituminous concrete pavement as set forth in Title 67, Chapter 459 of the Pennsylvania Code, and any subsequent amendment thereto. The base material shall consist of a minimum of five inches of bituminous concrete base course or the depth of the existing base course, whichever is greater, meeting the requirements of PennDOT Section 305, Form 408 and any revision or amendment thereto. The wearing course shall consist of 1.5 inches of ID-2A SRL-M, or the depth of the existing wearing course, whichever is greater, meeting the requirements of PennDOT Section 420, Form 408, and any revisions or amendment thereto. If the existing roadway contains a cement concrete course, this course shall be replaced in kind and to the same depth as the existing one.
E. 
The person making or causing to be made the excavation shall retain suitable material from the excavated trench to provide insulation around and over subsurface structures, including but not limited to pipes or conduits, not to exceed 12 inches over the same, and shall be compacted in four-inch layers. This excavated material shall be stored at the side of the excavation in such a manner that there will be no interference with the flow of water in any gutter, drain, pipe, culvert or ditch. The remaining excavated material shall be removed from the site. Completion of the backfill and restoration of the base and surface course shall be performed by the applicant/permittee at its sole cost and expense in accordance with the within requirements, including:
(1) 
Suitable material from the excavated trench must be retained to provide insulation around and over the utilities, if any, to a height not to exceed 12 inches over the top of the pipe, conduit, etc. This material shall be compacted in four-inch layers. This material shall be placed or stored on the side of the operation farthest from the road pavement, unless otherwise authorized in the permit, and in such manner that there will be no interference with the flow of water in any gutter, drain, pipe, culvert, ditch or waterway. The remaining excavated material must be removed from the site. The trench must then be backfilled with 2A modified limestone compacted in layers not to exceed four inches, using the mechanical tamper up to within six inches of the finished grade. The 2A modified limestone must meet the requirements of Section 703.3(D), Form 408, as specified in the latest revision of the specifications issued by PennDOT.
(2) 
The surface course shall be replaced in accordance with the depths of existing bituminous surface, but in no case shall the wearing course be less than 1.5 inches of ID-2A. The edges shall be sealed with two applications of E-8 emulsion. An additional one foot on each side of the trench must be sawed or cut in a neat straight line prior to replacing the bituminous surface and the base course as specified above.
(3) 
The base course and binder and surface course shall be replaced in accordance with the requirements as set forth in Subsection E(1) hereof. Where the applicant backfills and restores the base and surface course, the applicant shall be responsible for any failure of the highway surface during a period of two years following completion of the permanent restoration work. The Borough may require, in its discretion, that the applicant furnish a bond, conditioned that the applicant shall complete and maintain the work in accordance with the terms of this article sufficient in amount to cover the cost of the requirement improvements, as estimated by the Borough Engineer.
F. 
If any subsidence occurs in the roadway opening after restoration has been made, the permittee shall remove the base course and wearing course, recompact the backfill, replace the base course and replace the wearing course in accordance with the above specifications. The Borough shall determine where and when subsidence has occurred.
A. 
The permittee shall keep the improved area free of all material which may be deposited by vehicles traveling upon or entering onto the highway during the performance of work authorized by the permit.
B. 
The permittee shall be responsible for controlling dust conditions created by its own operations.
C. 
All excess material shall be removed and disposed of outside the right-of-way as the work progresses.
All openings made in the improved area shall be backfilled by the permittee in accordance with the following minimum standards:
A. 
The opening shall first be backfilled with No. 2A modified stone for insulation to a height not to exceed one foot over the top of the facility, compacted in not more than four-inch layers.
B. 
The opening shall then be backfilled with No. 2A modified stone and compacted throughout its full width with approved vibratory compaction equipment in layers not to exceed eight inches.
C. 
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 tested for conformance with Form 408.
A. 
The top of every manhole, valve box or other access to the facility shall be at the same elevation as the surface in which it is located.
B. 
The surface surrounding manhole or valve covers located in shoulders shall be paved in such a manner as to prevent washouts.
A. 
All disturbed portions of the highway, street, alley or thoroughfare, including all appurtenances and structures such as guardrails or drainpipes, shall be restored to a condition equal to that which existed before the start of any work authorized by the permit.
B. 
If the permittee opens the pavement, whether to install a new facility or to modify an existing facility or for any other reason, and the wearing course is less than five years old, the permittee shall, in addition to the minimum restoration conditions outlined herein (relating to special conditions; subsurface operations), overlay the pavement in accordance with the following conditions:
(1) 
When longitudinal opening longer than 10 feet and wider than three feet is made in the pavement, the permittee shall overlay the full width of the street in which the opening was made for the entire length of the street that was opened.
(2) 
When two or more transverse trench openings are made in the pavement less than 100 feet apart, the permittee shall overlay the full width of the street in which the openings were made for the entire length of the street between such openings.
(3) 
If traffic lanes are overlayed adjacent to undisturbed traffic lanes, saw cut and mill the edge of the disturbed lane to a depth of 1.5 inches for the length of the overlay to insure a smooth joint, with proper elevation and cross section.
C. 
Regardless of the age of the wearing course, when both longitudinal and transverse trench openings are made in the pavement, the Borough may require the permittee to overlay the full width of the street in which such openings were made for the entire length of the street that was opened, if the Borough determines that the present serviceability index of the highway, street, alley or thoroughfare has been impaired by the openings.
D. 
Regardless of the age of the wearing course, if four or more openings are made within 100 feet of pavement, restore entire area between the openings, for the full width of the street in which the opening was made, by milling and overlaying the entire area between such openings.
The applicant agrees to pay the entire cost and expense incurred in the replacement of the excavation and agrees to indemnify, defend (if requested) and save harmless the Borough of Camp Hill, and the officers, agents, servants or employees thereof, from all claims, suits, actions, liabilities and proceedings of every nature for any injuries or damage to persons or public or private property due to any materials or appliances in the work or by or on account of improper materials or workmanship or for or on account of any accident or any other act, negligence or omission of such applicant or his agents, servants or employees, and the Borough of Camp Hill, the officers, agents, servants or employees thereof shall not in any way be liable therefor.
A. 
Each and every street cut shall be made only after application has been made therefor and permit granted by the Borough Manager, except emergency cuts by utility corporations where a permit application is not practicable.
B. 
Utility corporations shall make permit applications for all emergency cuts within five days after the emergency cut has been made.
C. 
The applicant, during the progress of the excavation work, shall provide and maintain such fences, barriers, "street closed" or "danger" signs, red lights and watchmen as may be necessary to prevent avoidable accidents to the public and adjoining property owners. The convenience of the public and temporary approaches to and crossings of intersecting streets shall be provided for and kept in good condition when practicable. The sidewalks or portions of the street adjoining the work or its vicinity shall not be littered or obstructed more than necessary, and the drainage gutters and inlets to the stormwater sewers shall at all times be kept clean and unobstructed. Plates or bridging may 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 within the same day, during peak traffic hours. 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.
D. 
Upon the issuance of each permit as aforesaid, the Borough Manager shall notify the Chief of Police of the issuance of said permit, stating the dimensions of said cut or opening, the purpose for which it is made, the location of the premises and the name of the owner thereof.
E. 
The Borough Manager shall have authority to regulate the opening or cuts so that the proper use of the highways shall not be unnecessarily interfered with, and he shall have authority to see that said openings or cuts are filled and closed as required by this article.
F. 
The Chief of Police shall have authority to see that all openings or cuts are properly barricaded and guarded at all times and marked with hazard lights at night as required by this article.
G. 
The permittee shall be responsible to notify the Borough office, through its contractor or otherwise, in advance, of the precise day when the cut, opening or excavation work shall commence and the precise day when closing of the cut, opening or excavation shall commence.
The Borough Manager or his designee or his duly authorized representative shall have authority to regulate the excavation and shall have authority to see that the excavation is filled and closed as required by this article.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
A. 
Any violation of this article shall constitute grounds for imposition of any or all of the following penalties:
(1) 
Upon receipt of verbal or written notice of any violation(s) from the Borough's authorized representative 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 shall commence in the permitted area until the violation(s) has been remedied. Where the permittee has received verbal notice of the violation(s), written notice shall be sent to the permittee within 10 days of receipt of the verbal notice.
(2) 
Confiscation of the applicant's permit or emergency permit card by any police officer or authorized representative of the Borough.
(3) 
Revocation of the applicant's permit or emergency permit card by the Borough.
(4) 
Removal of facilities installed without a permit or in violation of this article.
(5) 
Such fines, imprisonment or other penalties as are provided by law.
(6) 
Such other action as may be deemed necessary or proper after consultation with the Borough Solicitor.
B. 
Any person, firm or corporation who violates or permits a violation 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 less than $100 nor 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 Cumberland County.