[Adopted 9-3-2024 by Ord. No. 2024-5[1]]
[1]
Editor's Note: This ordinance also repealed former Art. IX,
Excavations, adopted 4-1-1957, as amended.
As used in this chapter, the following terms shall have the
meanings indicated:
The Borough of Towanda, County of Bradford, Commonwealth
of Pennsylvania.
Failure of a permittee to complete the authorized or required
work under a permit or permit extension by the end of the six-month
expiration date of the permit or permit extension.
The Borough Engineer or other qualified person designated
by the Borough to authorize, inspect, or supervise a street opening,
street restoration, street maintenance, or other action by a permittee
under a permit, permit extension, or street maintenance permit.
The penetration of the surface of a street or stabilized
area causing disturbance of the substrata.
A license granted by the Borough to open a street or stabilized
area subject to and in accordance with the provisions of this chapter.
A rider to a permit by which the expiration date of a permit
is extended for an additional six months.
A monetary payment to the Borough in an amount established
from time to time by resolution of Borough Council, due at the time
an application for a permit or permit extension is submitted, and
imposed to cover the cost of administering a permit.
The holder of a permit and the agents and subcontractors
of the permit holder.
An adult individual, corporation, company, firm, partnership,
or other legal entity formed under or recognized by law as the subject
of rights and duties, excluding the Borough and the Towanda Municipal
Authority, their administrators, and employees.
A part or section of either the width or length of a street.
Not publicly owned, operated, or controlled.
A public utility regulated by the Pennsylvania Public Utility
Commission.
Any area previously or now covered with an applied manufactured
or natural surfacing material such as stone or gravel, including any
such previously surfaced area.
Any street, road, lane, cul-de-sac, alley, public way, public
parking area, public square, or paved area of Borough property, either
for or intended for public use, including the cartway, sidewalk, gutter,
and right-of-way area, whether or not the street or part of the street
is owned in fee by persons other than the Borough.
A rider to a previously issued permit authorizing the permittee
to perform required street maintenance work subject to the requirements
and performance standards of the original permit, with an expiration
date established by the Borough upon issuance.
A total or partial closing of a street, material alteration
of a street traffic pattern, or restriction of street parking necessary
to complete street opening work under a permit, as approved by the
Borough for good cause shown by a permittee.
A.
No person shall open any Borough Street without first obtaining a
permit.
B.
No permit or permit extension shall be issued until the permit or
permit extension application has been reviewed and approved by the
Borough Engineer and the permit fee has been paid to the Borough by
certified check or money order.
C.
All work authorized or required by a permit or permit extension shall
be completed and accepted by the Borough by the end of the six-month
expiration date of the permit or permit extension.
D.
Upon application, a permit extension shall be issued to a permittee
as follows:
(1)
Private permittee. A permit extension shall be issued to a private
permittee only upon good cause shown by the permittee. If a private
permittee is in default and the initial permit has expired, the Borough
shall notify the private permittee's bonding agent of the default
and no permit extension shall issue until all requirements of the
initial permit have been completed and accepted by the Borough.
(2)
Public utility. A permit extension shall be issued to a public utility
as a matter of course.
E.
Except for an emergency verified by Pennsylvania One-Call and the
Borough Public Works Superintendent, no permit shall issue to open
any street until at least five years have elapsed since completion
of the last paving or repaving of the street.
A.
Application for a permit or permit extension shall be made in writing
on forms prescribed by the Borough. The application shall indicate
the name and address of the applicant, the name of the street to be
opened, the precise location, composition, and dimensions of the street
area to be opened, the purpose of the street opening, the anticipated
time required to complete the street opening work and the dates when
the work will begin and end, the projected cost of completing the
street opening work and all requirements of the permit to issue, the
appropriate Pennsylvania One-Call Serial Number for Design-Level projects,
a copy of the work zone traffic control plan in accordance with the
Manual of Uniform Traffic Control Devices (MUTCD) and PennDOT Publication
213, latest revision, as amended, and, in the case of an application
for a permit extension, the initial permit number, its expiration
date, and the reason a permit extension is necessary.
B.
To avoid street opening work delays, a permit application shall be
submitted at least 10 working days prior to the anticipated beginning
date of the work stated in the application, and a permit extension
application shall be submitted at least 10 working days prior to the
expiration date of the initial permit.
A.
Prior to issuance of a permit, the permittee shall provide to the
Borough a performance/surety bond naming the Borough as the bond obligee.
The bond shall:
(1)
Be equivalent in amount to 100% of the projected cost of completing
all requirements of the permit as stated in the permit application;
(2)
Convert in the same amount to a three-year maintenance/warranty bond
when all the requirements of the permit have been completed and accepted
by the Borough;
(3)
Indemnify the Borough under the performance/surety bond against any
damage, loss, or expense incurred by the Borough in completing or
correcting any street opening work and other permit requirements upon
default by the permittee in performance under a permit or permit extension;
(4)
Indemnify the Borough under the maintenance/warranty bond against
any damage, loss, or expense incurred by the Borough in correcting
any defect or deficiency in the workmanship of the permittee performed
under the permit or permit extension;
(5)
Be issued by a surety company listed in the most recent version of
Circular 570 issued by the U.S. Department of the Treasury and authorized
to do business in the Commonwealth of Pennsylvania;
(6)
Be approved as to form and substance by the Borough.
B.
All or a portion of the performance/surety bond shall be forfeited
to the Borough upon default by the permittee. The Borough shall provide
written notice of default to the permittee and the permittee's
surety which shall include the date of default and the basis for declaring
default.
A.
Prior to issuance of a permit, any person who will perform street
opening work under a permit, including a permittee, all subcontractors
of a permittee, and all independent contractors performing work on
behalf of a permittee, shall provide to the Borough:
(1)
A certificate of general liability insurance providing coverage of
not less than $1,000,000 against any personal injury or property damage
caused by or resulting from a street opening under a permit. The Borough,
the Borough's Engineer, and the permittee, if the permittee is
not the primary insured, shall be covered under any such certificate
of insurance as additional insureds; and
(2)
Proof of worker's compensation insurance if such person is required
by law to have worker's compensation insurance in force.
B.
Any person who will perform street opening work under a permit, including
a permittee, all subcontractors of a permittee, and all independent
contractors performing work on behalf of a permittee, shall fully
indemnify, save harmless, and defend the Borough and its assigns against
any and all liability for personal injury or property damage caused
by or resulting from any act or omission of such person in the course
of performing street opening work. This provision shall be incorporated
in and constitute a condition of a permit.
A.
Whenever in the course of performing street opening work under a
permit it becomes necessary to close all or part of a street, materially
alter the traffic pattern of a street, or restrict parking on a street
in order for the permittee to complete such work, the permittee shall
first obtain approval of a street use restriction from the Borough.
A request for approval of a street use restriction shall include a
description of the precise location of the street opening work and
the area that will be affected, a statement of the reason for, the
anticipated date(s) and time(s) of, and the work methods to be used
during a street use restriction, and an explanation of what less intrusive
means were considered by the permittee and rejected as not practicable.
B.
When granting approval for a street use restriction, the Borough
may:
(1)
Require all street opening work to be done between the hours of 9:00
a.m. and 3:00 p.m., or 6:00 p.m. and 6:00 a.m., or where the street
is a major thoroughfare, continuously from beginning to end; and
(2)
Require the placement of steel plates pinned in place to allow the
flow of traffic during off-work hours.
A.
At least 48 hours prior to beginning or continuing street opening
work under an approved street use restriction, a permittee shall:
(1)
Notify, in such form as may be prescribed by the Borough, all persons
owning or occupying a property abutting the street that will be affected
by the street use restriction. Such notice shall be given by oral
door-to-door notice and written notice by door hangers placed on all
such properties;
(2)
Notify, in such form as may be prescribed by the Borough, all emergency
service providers and school districts that will be affected by the
street use restriction. Such notice shall be given in writing by hand
delivery to any responsible person in the administrative office of
such entity, or by properly addressed electronic mail.
B.
When the permittee has served the notices required under Subsection A above, the permittee shall provide to the Borough in writing a roster of all persons served with such notice and the date service was made.
C.
A permittee shall furnish and keep in place until complete performance
of all permit requirements all traffic control devices and materials
necessary to maintain the orderly and safe flow of motoring and pedestrian
traffic in accordance with the Manual of Uniform Traffic Control Devices
(MUTCD) and the Pennsylvania Department of Transportation (PennDOT)
Publication 213, latest revision, as amended.
D.
A permittee shall not cause any detour from the normal traffic pattern
of a street without first obtaining approval from the Borough Engineer.
E.
At least five days prior to beginning street opening work under a
permit, the permittee shall notify the Borough of the exact date when
the permitted work will begin. Such notice shall be delivered in writing
to the Borough's administrative office and by telephone call
to the Borough Manager or Borough Secretary.
The following requirements and performance standards are incorporated
in every permit:
A.
A permittee shall comply with all applicable requirements of the
Pennsylvania One Call law (Act 50 of 2017, as amended) for both the
Design and Excavation - Level One phases of the street opening work.
B.
All cuts into existing pavement shall be by saw or other method that
produces a square edge. Irregular or serrated cuts are not permitted.
Cuts shall be made to the full depth of any concrete or other solid
base course. All base course materials shall be removed in such manner
that a smooth, uniform and stable vertical face remains after removal
of such material.
C.
All visible areas of alligatored or cracked pavement shall be cut
back to at least one foot from the edge of such area.
D.
All excavated materials shall be removed from the street opening
worksite at the end of every workday. Storage of excavated material
on the street surface after the end of a workday is prohibited.
E.
All excavation, trenching, shoring, and related construction work
shall comply with all requirements of the Occupational Safety and
Health Administration (OSHA), Department of Labor, safety and health
regulations for construction, specifically including the regulations
covering trenching and shoring set forth in OSHA Technical Manual,
Section V., Chapter 2, as amended.
F.
Prior to installation of concrete or other final restoration materials
a permittee shall schedule a worksite inspection by a Borough inspector.
Final restoration work shall not begin until such inspection is made
and the Borough inspector has authorized the work to begin.
The following requirements and performance standards are incorporated
in every permit:
A.
A street opened under a permit shall be restored by the permittee
prior to the expiration of the permit or permit extension. Street
restoration shall be performed as follows:
(1)
Wherever a street opening pavement cut longer than 10 feet or
wider than three feet has been made, the entire width of the street
traffic lane containing the cut area plus the area encompassed by
the perimeter of the cut area expanded by one foot on all sides shall
be milled, overlaid, and repaved.
(2)
Wherever two or more transverse street opening pavement cuts
have been made in the same traffic lane that is less than 100 feet
apart measured from center line to center line of the respective cut
areas, the entire width of the street traffic lane containing the
cut areas shall be milled, overlaid, and repaved, including any previously
paved street shoulder area.
(3)
Wherever three or more street opening pavement cuts that are
less than 100 feet apart have been made, whether or not in the same
street traffic lane, and whether under one or more permits, the entire
disturbed area shall be milled, overlaid, and repaved curb to curb,
or shoulder to shoulder where there is no curb.
(4)
Wherever a street opening pavement cut area is less than five
feet from any existing pavement repair patch, such patched area and
the street cut area shall be milled, overlaid, and repaved.
(5)
Wherever a test boring or other drilled hole three or more inches
in diameter has been made into a street to locate leaks, vent leaks,
or otherwise explore subsurface conditions such hole shall be restored
with flowable fill only. Any such test boring or drilled hole less
than three inches in diameter shall be restored by filling with No.
8 stone and AC 20 asphalt sealer.
(6)
Wherever a street opening has been made in the center of a street, repaving shall conform to the existing grade of the street and repaving shall extend from curb to curb or shoulder to shoulder where there is no curb. All asphalt surface restoration shall be made in accordance with asphaltic concrete restoration requirements contained in § 264-31.4.
(7)
All pavement markings damaged or removed by a street opening
shall be restored using materials approved by a Borough inspector.
(8)
A public utility permittee shall install or replace a detectable
warning surface on every existing handicap ramp within the street
block where the permittee has made a street opening. In the absence
of a block defined by intersecting streets, such warning surfaces
shall be installed or replaced on every existing handicap ramp located
within 200 feet in either direction of the street opening area. The
public utility permittee shall maintain all such detectable warning
surfaces in good and serviceable condition for a period of three years
from the date of such installation or replacement, and shall during
such time repair or replace any such warning surface that becomes
unserviceable due to damage or deterioration.
B.
A permittee shall maintain all street restoration areas in good and
serviceable condition for a period of three years from the date such
restoration was completed by the permittee (the "maintenance period").
Street restoration maintenance shall be performed as follows:
(1)
From time to time during the maintenance period the Borough
shall inspect the integrity of any street restoration performed by
the permittee under a permit. If after such inspection the Borough
inspector reasonably determines that such restoration is in need of
repair or replacement, the Borough shall give to the permittee a written
request to make such repair or replacement within 60 days of the date
of the request, or within such later time specified by the Borough.
The permittee shall obtain a street maintenance permit from the Borough
prior to beginning such maintenance work.
C.
Upon recommendation of a Borough inspector, the Borough may alter
the restoration requirements of a permit, permit extension, or street
maintenance permit to accommodate the Borough's street maintenance
schedule, the Towanda Municipal Authority's sewer or waterline
maintenance or replacement schedule, and the condition of the affected
street.
The following requirements and performance standards are incorporated
in every permit:
A.
A permittee shall not begin or carry on restoration backfilling of
a street opening until a Borough inspector has inspected the street
opening site, authorized backfilling to begin, and is present throughout
the backfilling process. When the permittee is prepared to begin such
backfilling work, the permittee shall contact the Borough Secretary
and request the presence of an inspector, and the Borough shall dispatch
a Borough inspector to the worksite as expeditiously as possible.
Should the permittee begin or carry on such backfilling without the
authorization and in the presence of a Borough inspector, and upon
subsequent inspection the inspector is unable to verify that such
backfilling or backfilling compaction was done in accordance with
the requirements and performance standards of this section, the permittee,
at the direction of the inspector, shall remove all such backfill
and replace it.
B.
Street restoration backfilling shall be performed as follows:
(1)
Prior to beginning restoration backfilling, a permittee shall
select a qualified compaction testing agency and, after approval of
the agency by the Borough, retain, and pay for the services of such
agency to verify that backfilling compaction is performed in accordance
with the requirements and performance standards of this section.
(2)
Compaction of backfilling shall be done with vibrating compactors
or mechanical tampers, and manual tamping shall be done around utilities,
where appropriate. Compaction shall be done to maximum (100%) density
with flowable fill, and to 95% density with granular materials in
accordance with ASTM D1557. Soil that exceeds liquid limits shall
not be used for backfilling.
(3)
On a street that has not been paved within the last seven years
or that is heavily traveled as determined by a Borough inspector,
only flowable fill or virgin materials (No. 2RC aggregate material
or No. 57 clean coarse aggregate) shall be used for backfilling. The
Borough shall indicate on a permit when issued whether the requirements
of this subsection apply to the street to be opened under the permit.
(4)
On a street that has been paved within the last seven years
or that is heavily travelled as determined by a Borough inspector,
only Penn-DOT approved Type A flowable fill shall be used for backfilling.
(5)
Unless otherwise required by this section, only Penn-DOT certified
2A or 2RC aggregate as specified by Penn-DOT Form 408, latest revision,
Sections 703.2 and 703.3 shall be used for backfilling. These materials
shall be placed in six-inch lifts and raised to one foot below the
elevation of the street substratum.
C.
Depending on the condition of a street subsurface, the Borough's
inspector may adjust the requirements and performance standards for
backfilling a street opening, including materials to be used, application
methods, and compaction standards and methods.
The following requirements and performance standards are incorporated
in every permit:
A.
All asphaltic materials used for street opening restoration shall
consist of Penn-DOT certified materials as described in Penn-DOT Publication
408, latest edition, Section 300 pertaining to base and binder courses,
and Section 400 pertaining to wearing courses. All asphalt applications
shall be made with Penn-DOT Superpave Hot Mix Asphalt.
B.
Asphaltic restoration shall be performed as follows:
(1)
A base of 25-millimeter bituminous concrete base course material
shall be applied to a thickness of not less than 4 1/2 inches
after compaction over which a topping of nine-and-one-half-millimeter
wearing course material shall be applied to a thickness of not less
than 1 1/2 inches thick after compaction. The top level of the
wearing course shall coincide with the level of the existing street
pavement.
(2)
All edges of the repaved area shall be sealed with PG-22 asphalt
sealer applied to a width of six inches along the interior and the
exterior of the edge lines to form a continuous twelve-inch-wide seal
around the street-cut seam.
(3)
All surfaces in contact with pavement except the stone subbase
shall be tack coated with asphaltic material described in Penn-DOT
Publication 408, latest edition, Section 460.
The following requirements and performance standards are incorporated
in every permit:
A.
When performing street opening restoration, asphalt or bituminous coatings shall not be applied whenever the base surface temperature is less than 40° F. or when the surface is wet or frozen. When street restoration is performed during the time of year when all local asphalt pug mills are closed, or if weather conditions do not permit application of restoration materials as required by § 264-31.4 above, a temporary bituminous cold patch shall be applied to a thickness of not less than three inches after compaction. Within 60 days of the date when local asphalt pug mills reopen, or when weather conditions permit, all temporary cold patch restorations shall be removed and replaced with hot mix applications as required by § 264-31.4 above.
B.
Where necessary, steel plates may be used over a street opening between
October 31 and April 1 of each year.
A.
When performing a street opening or restoration, a permittee shall
not allow silt, dirt or debris to enter the Borough sewer system.
All stormwater inlets within the drainage area of a street opening
shall be protected by a filter system that will prevent water from
carrying silt, dirt, or other debris into the sewer.
B.
Should a Borough inspector determine that a permittee has caused
silt, dirt or other debris to enter the sewer system due to inadequate
preventative measures, the permittee shall be required to clean and
flush each contaminated sewer inlet.
The following requirement is incorporated in every permit:
A.
A permittee shall, at the permittee's expense and to the satisfaction
of a Borough inspector, repair and restore to its previous condition
any street surface area damaged or otherwise disturbed by the permittee
in the course of a street opening or restoration.
A.
Any person violating any of the provisions of this article shall,
upon conviction thereof, be fined not less than $50 nor more than
$600 for each offense, or shall be imprisoned for a term not exceeding
30 days, or both.
B.
No permit shall be issued to any person convicted of violating any
provisions of this chapter until all fines and costs imposed have
been paid in full and any sentence of incarceration has been served.
A.
By acceptance of a permit, the permittee shall be solely and fully
responsible for performing all requirements of a permit as an independent
contractor and not as an agent of the Borough. The Borough shall have
no duty or obligation to perform any permit requirements. No Borough
official, administrator, or employee shall at any time assume jurisdiction
over or responsibility for the performance of any requirement of a
permit.
B.
The approval of a Borough inspector shall not relieve or release
a permittee from sole and full responsibility for the performance
of all requirements of a permit.
