[Adopted 11-17-1950[1]]
[1]
Editor's Note: This ordinance appeared in Ch. XVI, Part 1C,
of the 1953 Code of Ordinances.
[Amended 4-20-1981 by Ord. No. 794, approved 4-20-1981; 5-3-1999 by Ord. No.
1116, approved 5-3-1999; 7-20-2015 by Ord. No.
1316, approved 7-20-2015; 3-5-2019 by Ord. No.
1358, approved 3-5-2019]
A.
It shall be unlawful for any person, firm or corporation to make
any opening or excavation in or under any street, alley or thoroughfare
within the limits of the Borough of Middletown unless and until a
permit for that purpose is secured from the Borough Secretary for
each separate undertaking, such permit and the application for it
to be in the form prescribed by said Secretary and to contain a statement
that the applicant agrees to the terms of this article. Permits herein
required include, but are not limited to, permits to connect with
the sanitary sewer system of the Borough or to open or to make an
excavation in connection therewith, and for any work conducted by,
or on behalf of, a public utility. The police officers of the Borough
shall promptly prohibit any work being done without a proper permit
or contrary to the terms hereof.
B.
All references in this article to the Secretary of the Borough shall
extend to and constitute authorization with respect to the Highway/Property
Division Supervisor and/or Code Enforcement Officer.
C.
As a permit requirement, it shall be the responsibility of the contractor
to notify residences, business, and emergency services a minimum of
48 hours prior to any work. Residences and businesses shall be notified
door-to-door and/or with door hangers.
D.
Before any permit shall be issued to excavate any street, the permittee
shall give Middletown a bond with corporate surety acceptable to Middletown
in an amount of at least $2,000, or such greater amount as Middletown
may determine is necessary, conditioned that the permittee shall complete
and maintain the work in accordance with the terms of this article
and comply with all provisions of this article. In lieu of bond, Middletown
may accept other security acceptable to it. Where a person anticipates
repeated applications, the Borough may accept, in advance, a bond
of such permittee in the amount determined by the Code Enforcement
Officer or Borough designee to be held in connection with all applications
of such permittee to be made during the current calendar year.
[Amended 11-23-1951; 12-10-1951; 4-20-1981 by Ord. No. 794, approved 4-20-1981; 4-5-1993 by Ord. No. 1039, approved 4-5-1993; 5-3-1999 by Ord. No. 1116, approved 5-3-1999; 3-5-2019 by Ord. No. 1358, approved
3-5-2019]
A.
The application for the permit and every such permit shall specify
a time when said opening or excavation may remain open and the street
address and GPS geolocation of where said opening or excavation may
be made, together with the probable length, width and depth thereof,
and such further information as the Secretary may require; and any
additional surface to be disturbed and any additional time required
may be endorsed on the permit by said Secretary, provided that emergency
breaks or leaks may be repaired and a permit therefor secured within
24 hours.
B.
Permit charges shall be $100 for the first 50 square feet excavated
plus $50 for each additional 50 square feet excavated or portion thereof,
plus a $100 GIS fee. This fee shall be for a four-week period beginning
with the date of the commencement of the street excavation, inspection
of GIS location, and review service. For any street excavation exceeding
this four-week period, there shall be added a sum of $50 per week
until work on the undertaking has been satisfactorily completed.
C.
In the case of any leak, explosion or other accident in any subsurface
pipe, line, connection or apparatus, it shall be lawful for the person
owning or responsible for such pipe, line, connection or apparatus,
to commence an excavation to remedy such condition before securing
a permit, provided that application for a permit shall be made within
24 hours and all other provisions of this article are fully complied
with.
[Added 4-6-1987 by Ord.
No. 943, approved 4-6-1987; amended 5-3-1999 by Ord. No. 1116, approved 5-3-1999; 3-5-2019 by Ord. No.
1358, approved 3-5-2019]
A.
Liability
insurance. No permit provided for under the provisions of this article
shall be issued until the applicant shall first file with the Borough
Secretary a certificate of insurance showing that he carries public
liability insurance as hereby specified:
B.
Work at applicant's expense; indemnification. All work pursuant to
the permit shall be done at applicant's expense. Applicant shall agree
fully to indemnify and save harmless the Borough of and from all liability
for damages or injury occurring to any person or persons or property
through or in consequence of any act or omission of any contractor,
agent, servant, employee or person engaged or employed in, about or
upon said work by, at the instance or with the approval or consent
of the applicant or from the failure of the applicant to comply with
the provisions for maintenance as set forth herein.
[Amended 3-5-2019 by Ord.
No. 1358, approved 3-5-2019]
A.
It shall
be the duty of any person or persons, firms or corporations to whom
a permit is issued or by whom any opening or excavation is made as
aforesaid to provide and maintain proper and adequate guards, barriers
and lights to prevent accidents, and they shall assume all risks and
be liable for all damages by reason of the openings and excavations
and by reason of any failure to properly fill the hole or trench and
maintain the disturbed surface in a safe condition.
B.
Maintenance and protection of traffic during road work shall be carried
out in accordance with standards established by the Pennsylvania Department
of Transportation (PennDOT), as set forth in PennDOT Publications
212 and 213, as may be amended from time to time.
C.
The permittee shall provide and maintain all necessary precautions
to prevent injury or damage to persons and property. A traffic control
plan shall be submitted to and approved by the Borough before any
traffic may be detoured.
D.
Warning signs shall be placed in advance of commencing the street
excavation and at distances and intervals as to be visible to the
traveling public, and substantial barricades with adequate illumination
shall be provided and maintained for any open trench or hole in the
excavation site. Blinking lights and barricades shall be used for
overnight protection of the work site.
E.
The permittee shall designate and assign employees to direct traffic,
when necessary. Flagmen shall be provided as specified in the permit
and in accordance with Publications 212 and 213, as may be amended
from time to time.
F.
A narrative of the traffic control plan shall be submitted with information
about duration of the work and length of anticipated road closures.
G.
At the end of each workday, the excavated area shall be completely
backfilled and/or steel plates shall be placed over the excavation
to accommodate traffic.
H.
The contractor is required to comply with the latest OSHA safety
standards.
[Added 3-5-2019 by Ord.
No. 1358, approved 3-5-2019]
A.
Middletown shall give timely notice of planned street improvements
to all persons owning property abutting on any street within the Borough
that is about to be paved or improved and to all public utility companies
operating in the Borough. All such persons and utility companies shall
make all water, gas, sewer, electrical, etc., connections, as well
as any repairs thereto, which would necessitate excavation of the
said street within 60 days from the date of such notice, unless such
time is extended, in writing and for cause shown, by the Borough.
B.
Newly improved streets shall not be excavated for a period of five years after the completion thereof, except in the case of an emergency determined to exist by Middletown. If any person seeks to excavate a street within five years after the completion of its paving or improvement for any reason other than an emergency as above stated, the application shall be approved and permit issued only after express approval of Middletown Borough Council and payment of a fee of $500, and said permit may contain those conditions deemed necessary by Middletown to preserve the quality of the street and its appearance as described in § 235-18C(4) (pavement restoration time period).
[Amended 11-23-1951; 12-10-1951; 5-3-1999 by Ord. No. 1116, approved 5-3-1999]
A.
Disposition of materials. The responsibility of the permittee for
disposition of materials is as follows:
(1)
The permittee shall keep the improved area free of material which
may be deposited by vehicles traveling upon or entering onto the roadway
during the performance of work authorized by the permit.
(2)
The permittee is responsible for controlling dust conditions created
by its own operations.
(3)
Excess material and material that is not suitable for backfill shall
be promptly removed and properly disposed of outside the right-of-way
as the work progresses.
(4)
Other material shall be stored so that there will be no interference
with the flow of roadway drainage.
(5)
The permittee is not authorized to close a portion of the pavement
or shoulder to traffic for the primary purpose of storing material.
If the permittee stores material on the roadway or shoulder, the permittee
hereby acknowledges its obligation and commitment to repair or reconstruct
the pavement and shoulder, if damaged, to its former condition.
B.
Backfilling.
(1)
It shall be the duty of every person, firm or corporation causing
an opening or excavation to be made to thoroughly and completely fill
the same with select granular material, unless retained suitable material
is authorized. The fill is to be tamped back in place with an approved
mechanical air or gasoline tamper in not more than eight-inch layers
so as to prevent any settling thereafter.
(2)
[1]Compaction shall be completed to the bottom elevation on
the existing roadway. The Highway/Property Division Supervisor and/or
Code Enforcement Officer may require the permittee to have material
proposed for use as backfill and compacted material tested, at the
expense of the permittee.
[1]
Editor’s Note: Former Subsection B(2), regarding flowable
backfill, was repealed 3-5-2019 by Ord. No. 1358, approved 3-5-2019.
This ordinance also provided for the redesignation of former Subsection
B(3) as Subsection B(2).
C.
Street surface restoration.
(1)
The base course shall consist of bituminous concrete meeting the
requirements authorized by the Highway/Property Division Supervisor
and/or Code Enforcement Officer. The base course material shall have
a minimum depth of five inches or a depth equal to the existing base
course, whichever is greater.
(3)
The wearing course shall consist of Superpave HMA wearing course,
PG 64-22, 9.5 mm, and shall have a minimum compacted depth of 1 1/2
inches, or a depth equal to the existing wearing course, whichever
is greater.
[Amended 3-5-2019 by Ord.
No. 1358, approved 3-5-2019]
(4)
If the permittee opens pavement having a bituminous concrete surface
and the wearing course is less than five years old or several openings
have been made within a two-year period, the permittee shall, in addition
to the restoration conditions outlined in this section, mill and overlay
the roadway in accordance with the following conditions:
[Amended 3-5-2019 by Ord.
No. 1358, approved 3-5-2019]
(a)
When a longitudinal opening longer than 100 linear feet has
been made in the pavement, the permittee shall mill and overlay the
lane in which the opening was made for the entire length of roadway
that was opened, in a manner authorized by the Borough designee.
(b)
When two or more transverse openings have been made in the roadway
within 100 linear feet of each other, the permittee shall mill and
overlay lanes in which the openings were made for the entire length
of roadway between the openings, in a manner authorized by the Borough
designee.
(c)
When two or more emergency openings have been made by the same
permittee within 50 linear feet of roadway, the permittee shall mill
and overlay lanes in which the openings were made for the entire length
of roadway between the openings, in a manner authorized by the Borough
designee.
(5)
Regardless of the age of the wearing course:
[Amended 3-5-2019 by Ord.
No. 1358, approved 3-5-2019]
(a)
If more than 50 linear feet of longitudinal or transverse openings,
or both, are made in the roadway, the Borough designee may require
the permittee to mill and overlay lanes in which the openings were
made for the entire length of roadway that was opened, if the Borough
determines that the rideability or structural integrity of the roadway
has been impaired by the openings.
(b)
If four or more openings are made by the same permittee within
100 linear feet of roadway, the Borough may require the permittee
to restore the entire disturbed roadway between the openings by milling,
planing or other authorized method and overlaying the entire disturbed
roadway.
(6)
It shall be the duty of every person, firm or corporation causing an opening or excavation to be made in or on a thoroughfare within the Borough of Middletown to replace the removed surface of the thoroughfare and any damaged surface adjacent to the removed surface with the same materials and using the same design as was in place before the opening or excavation unless the preexisting design or materials violates the specifications of § 235-18, in which case the specifications of § 235-18 shall apply. Notwithstanding the foregoing, the Borough designee may, at his or her sole discretion, require the permittee to replace the removed or damaged surface of the thoroughfare with the same material as that adjoining the opening or damaged surface. The replaced surface must be maintained for a period of two years at the proper grade, without ridges or depressions, and in as good of a condition as it was prior to the opening or excavation. If, to meet the requirements of this section, the replaced surface requires a base course or binder course inconsistent with the requirements of this Article V, the requirements of the replaced surface shall prevail and be followed in lieu of the requirements of this Article V.
[Amended 7-20-2015 by Ord. No. 1316, approved 7-20-2015; 3-5-2019 by Ord. No.
1358, approved 3-5-2019]
(7)
Restored openings in the roadway or paved shoulder shall have all
edges sealed with PG 64-22 liquid asphalt, minimum six-inch width.
[Amended 3-5-2019 by Ord.
No. 1358, approved 3-5-2019]
(8)
At the time of permit application, the Public Works Director may
waive the requirement to replace the surface course of the excavation
if general roadway improvements are scheduled to be started within
the next 30 days.
[Amended 3-5-2019 by Ord.
No. 1358, approved 3-5-2019]
D.
Restoration of plain or reinforced cement concrete pavements. The
permittee may be required to restore the structural integrity of a
damaged cement concrete pavement by:
E.
It shall be the duty of every person, firm or corporation causing an opening or excavation to be made in or on a thoroughfare within the Borough of Middletown to restore any removed or damaged appurtenances using the same materials and design as was in place prior to the work unless the preexisting design or materials violate the specifications of this Article V, in which case the specifications of this Article V shall apply. Examples of such appurtenances include, but are not limited to, the restoration of curbing, sidewalks, crosswalks, lights or lampposts, benches, trees or other vegetation, tree wells, flower beds or holders, drain pipes, inlets, and signs.
[Added 7-20-2015 by Ord.
No. 1316, approved 7-20-2015]
F.
Construction requirements.
[Added 3-5-2019 by Ord.
No. 1358, approved 3-5-2019]
(1)
Any person who shall excavate a Middletown Borough street shall thoroughly
and completely excavate and restore the excavation in such manner
as to prevent any settling thereafter, and shall restore the surface
to the same condition as it was before the excavation, all in accordance
with the specifications set forth in the attached "construction requirements"
which are incorporated herein by this reference and which may be amended
from time to time by Borough resolution.[3] If within two years after the restoration defects shall
appear therein, the applicant shall be liable for the cost of repairing
said defects and for any injury or damages resulting therefrom. In
the event of settlement creating a hazard to traffic or public safety,
said applicant shall cause the same to be repaired within 24 hours
after notice by the Borough to the applicant; said notice need not
be in writing. In the event of a defect not constituting an immediate
hazard, same shall be repaired within one week after notice by the
Borough.
[3]
Editor's Note: Said attachments are included at the end of
this chapter.
(2)
If the work in excavating, restoring or maintaining shall not be
promptly executed or shall be unskillfully, improperly or incompletely
done, Middletown may cause the same to be done in a manner conforming
to this article, and the expense thereof, including overhead expense,
plus 25% shall be charged to the applicant. No permit shall be issued
to any person in default of this section until that person pays the
cost and penalties herein provided. No permit shall be granted to
any person who, at the time of application, is not in full compliance
with all provisions of this article.
(3)
Where pavement is to be disturbed, the excavation or opening shall
be made by a clean cut using a diamond wheel or similar tool or instrument.
Openings shall be sawcut back 12 inches from the limit of the trench.
Minimum sawcut opening shall be a nominal three feet in width.
(4)
Trenching shall not be permitted across the improved area of a street
unless specifically authorized by the permit. Trenching across the
improved area of a street may be authorized by the permit where drilling,
boring, and driving or tunneling is not feasible because:
(5)
To protect the pavement and shoulders of the existing street surface,
all equipment shall have rubber wheels or runners and shall have rubber,
wood, or similar protective pads between the outriggers and the surface,
unless otherwise authorized by permit. In the event that non-rubber-equipped
machinery is authorized for use under the permit, the pavement and
shoulders shall be protected by use of matting, wood, or other suitable
protective material having a minimum thickness of four inches, unless
the permit requires the permittee to repave the full width of the
street. If the equipment damages the pavement or shoulders of the
street, the permittee shall restore the pavement or shoulders to their
former condition, at permittee's expense.
(6)
All excavation restoration work shall be subject to inspection by
the Borough. Upon completion of the excavation work, the permittee
shall give written notice to the Borough. The Borough shall reserve
the right to inspect the work, and, when necessary, enforce compliance
with the conditions, restrictions, and regulations prescribed by the
permit and this article. Approval of the work by the Borough or its
inspector shall not constitute acknowledgment or acceptance that the
work was actually performed in accordance with the permit or this
article, nor shall such approval by the Borough or its inspector act
as a release of the permittee or waiver by the Borough of its right
to seek performance or restitution from the permittee, as permitted
under this article.
(7)
Construction for street restoration shall be in conformance with
the latest revisions of Publication 72, entitled "Roadway Construction
Standards," and Publication 408, entitled "Roadway Specifications,"
published by the Pennsylvania Department of Transportation. In the
event that the aforementioned publications do not apply, the construction
shall be in accordance with requirements set forth by the Borough
Engineer.
(8)
The Borough reserves the right to waive these requirements based
upon the recommendations of the Borough Engineer.
(9)
When any edge of the trench is located within two feet of an existing
pavement joint, the remaining pavement between the edge of trench
and the joint shall be removed and replaced in the same manner as
the trench restoration, with the following specifications:
(10)
Generally, excavation shall be backfilled with a No. 2A coarse
aggregate to a height not to exceed one foot over the top of the facility
and compacted in not more than four-inch layers. Metallic marking
tape shall be installed to identify the facility. The opening shall
then be backfilled with No. 2A coarse aggregate and compacted throughout
its full width in accordance with industry accepted vibrator compactions
standards in layers not to exceed six inches. Restoration shall be
as follows:
(a)
For openings that have existing reinforced concrete base paving,
backfilling shall be placed within 10 inches of the base of the pavement.
The opening shall then be enlarged one foot on each side to a depth
of 10 inches. An eight-inch layer of High Early Strength Concrete,
whose composition conforms to the latest PennDOT specifications, shall
be placed and protected from traffic for a least 24 hours. Superpave
HMA wearing course, PG 64-22, 9.5 mm, and having a minimum compacted
depth of two inches, shall then be used to close the excavation or
opening. Tack coat shall be applied to all sides and surfaces receiving
bituminous paving. After application of the wearing course, the edges
of the opening shall be sealed with PG 64-22 sealer or equivalent
to a width of not less than six inches.
(b)
For openings in bituminous pavement, backfilling shall be placed
to the bottom elevation of the base course. The opening shall then
be enlarged to one foot on each side to the depth of the base paving.
Tack coat shall be applied to all sides and surfaces receiving bituminous
paving. Superpave HMA base course, PG 64-22, 25.0 mm, shall match
existing base paving or minimum five-inch compacted depth. Superpave
HMA wearing course, PG 64-22, 9.5 mm, shall be placed having a minimum
compacted depth of two inches. After application of the wearing course,
the edges of the opening shall be sealed with PG 64-22 sealer or equivalent
to a width of not less than six inches.
(c)
Backfilling of tunnels shall be done in a manner designated
by the Borough. The Borough may require that materials be tested to
determine conformance with the above.
G.
Temporary restoration.
[Added 3-5-2019 by Ord.
No. 1358, approved 3-5-2019]
(1)
As soon as work is completed at the excavation site, the permittee
shall take immediate steps to temporarily restore the street surface.
Cold or hot (Superpave, or other materials approved by Borough) asphalt
mix shall be installed immediately after the work is completed within
the street excavation on a daily basis within paved areas open to
traffic. The asphalt mix shall be placed and compacted to a minimum
thickness of two inches and be flush with the surrounding pavement.
(2)
Temporary paving shall be maintained at all times in a condition
satisfactory to the Borough. In the event temporary restoration must
be repaired or replaced, the permittee shall cause the same to be
repaired or replaced within 24 hours of notification by the Borough.
If permittee fails to repair or replace temporary paving within 24
hours of being notified by the Borough the Borough may repair or replace
the temporary paving and the cost of said work, plus 25%.
(3)
Weather permitting, 30 days following substantial completion of the
excavation work, the permittee shall cause permanent restoration of
the excavation site to be completed in accordance with the provisions
set forth in this article. In the event permittee is unable to perform
permanent restoration as required by this article within 30 days following
substantial completion because of weather, for example because paving
asphalt plants have ceased operations because of cold weather, then
permittee shall perform permanent restoration as required by this
article within 30 days of paving asphalt plants reopening.
H.
Additional restoration.
[Added 3-5-2019 by Ord.
No. 1358, approved 3-5-2019]
(1)
All disturbed portions of a street, 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 permit.
(2)
If the applicant opens the pavement, whether to install a new facility
or to modify any existing facility or for any reason other than to
perform emergency work, and the wearing course is less than five years
old or several openings have been made within a two-year period, the
applicant shall, in addition to the required minimum restoration conditions,
overlay the pavement in accordance with the following conditions:
(a)
When a longitudinal opening longer than 10 feet and wider than
two feet is made in the pavement, the permittee shall mill and overlay
the land(s) in which the opening was made for the entire length of
the lane that was opened.
(b)
When two or more transverse trench openings are made in the
pavement less than 100 feet apart, the permittee shall mill and overlay
all lanes in which the openings were made for the entire length of
roadway between such openings.
(c)
When the opening is nonlinear along the alignment of the road,
i.e., crossing the center line of the road, the permittee shall overlay
all lanes in which the openings were made for the entire length of
roadway between the limits of the trench.
(d)
When the opening is made within two feet of the curb or any
other pavement joint, pavement restoration shall be made to the joint
and sealed.
(3)
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 mill and overlay all traffic lanes in
which such openings were made for the entire length of highway that
was opened, if the Borough determines that the structural integrity
or the riding quality has been substantially impaired.
I.
The Borough reserves the right to place an inspector on any and all
jobs it deems necessary in order to insure good workmanship, and actual
expense of said inspection shall be charged to the permittee.
[Added 3-5-2019 by Ord.
No. 1358, approved 3-5-2019]
[Amended 4-6-1987 by Ord.
No. 943, approved 4-6-1987]
If the work in opening or in filling or maintaining the surface
shall not be promptly or shall be unskillfully or improperly or incompletely
done, the authorized representative of the Borough or any other person
designated by the Council may cause the same to be done in the manner
he deems proper, and the expense thereof, including any overhead expense,
shall be charged to the person, firm or corporation by whom the opening
or excavation was made, together with 25% additional as a penalty.[1] No permit shall be issued to any person, firm or corporation
in default under this section until the costs and penalty herein provided
are paid, and no further permit shall be granted to any person, firm
or corporation unless and until the openings or excavations already
caused by him or it have been properly filled and the surface maintained
as aforesaid, in a safe condition and at the proper grade, of which
said authorized representative of the Borough shall be the judge.
In no case shall any opening or excavation made by any person,
firm or corporation be considered in the charge or care of the Borough
or any officer or person employed by the Borough, and no officer or
employee is authorized to, in any way, take or assume any jurisdiction
over any such opening or excavation. However, if the person, firm
or corporation causing the opening to be made deems it to his or its
advantage to employ the same workmen as do similar work for the Borough,
he or it may do so. In resurfacing on a paved street, an additional
12 inches on each side of the opening shall be cut back in order to
assure a neat and complete job.[1]
[1]
Editor's Note: Original Section 8, Supervision of Work by
Borough, which followed this section, was deleted 4-6-1987 by Ord.
No. 943, approved 4-6-1987.
[Added 3-5-2019 by Ord.
No. 1358, approved 3-5-2019]
If at any time in the future the roadway is widened, reconstructed
or the alignment or grades are changed, the permittee further agrees
to change or relocate all or any part of the structures covered by
the permit which interfere with the improvement of the roadway at
its own cost and expense.
[Amended 4-6-1987 by Ord.
No. 943, approved 4-6-1987; 7-11-1988 by Ord. No.
972, approved 7-11-1988; 3-5-2019 by Ord. No.
1358, approved 3-5-2019]
A.
Any person,
firm or corporation violating any of the provisions of this article
shall, upon conviction thereof, be sentenced to pay a fine of not
less than $100 nor more than $600, plus costs of prosecution, and
in default of payment of such fine and costs, to imprisonment for
a term not exceeding 30 days.
B.
Any violation of this article shall constitute grounds for doing
any or all of the following:
(1)
Upon receipt of verbal or written notice of any violations from the
Borough, 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, unless the Borough gives the permittee written
directions for the contrary. 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 permittee's permit.
(3)
Revocation of the permittee's permit.
(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.
