[Adopted as Art. 901 of the 1965 Codified
Ordinances)]
A.
Permit required. Whenever it is necessary for the
digging or opening of trenches or excavations in any part of the public
streets, a permit shall be first secured from the City Engineer. Before
issuing same, there shall be first paid to the Director of Finance
or their designee by the person applying for such permit such fees
as shall be prescribed in a schedule prepared by the City Engineer
and approved by Council. Amendment or revision of such schedule may
from time to time be made by the City Engineer upon approval by Council.
[Amended 1-25-1989 by Ord. No. 3003; 7-22-2015 by Ord. No. 5506]
[Amended 1-25-1989 by Ord. No. 3003; 11-13-2019 by Ord. No.
5691]
A.
All persons
opening or digging any of the streets of the City for any purpose
whatever shall refill the same in the following manner: Spaces excavated
for but not occupied by structures shall be backfilled with suitable
material as approved by the City Engineer. All standing water shall
be removed prior to backfill. Backfill material shall be placed in
uniform horizontal layers of not more than a loose four-inch depth
for full width of the cross section. Each layer is to be thoroughly
compacted by adequate tamping. This procedure shall be followed from
the bottom of the excavation until the excavation is solidly filled
to street level. Frozen material shall not be used for backfill at
any time. Surfacing material, other than earth, removed for trench
excavation shall not be used for backfill and shall be removed from
the site. All excavations shall be backfilled within a reasonable
time allowed for the work to be performed. The City Engineer shall
notify the permittee when such sufficient time has elapsed. No permit
shall be issued for the opening or digging up of any street in the
City between December 1 of any year and March 1 the following year
for any purpose other than repairing leaking or damaged water, gas
pipe, sewer or drain damage or other specific emergencies unless approved
by the City Engineer.
[Amended 2-28-2024 by Ord. No. 5855]
B.
Restrictions upon excavations. The City Engineer or the Director
of Public Works will not allow an excavation or opening in a paved
and/or improved street surface less than three years old unless the
applicant can clearly demonstrate that public health or safety requires
that the proposed work be permitted or unless an emergency condition
exists.
C.
Bituminous pavement repair.
(1)
When a longitudinal opening has been made in a bituminous pavement,
the applicant shall mill and overlay the entire traffic lane for the
entire length of the opening.
(2)
When two or more transverse openings have been made by the same applicant
within 50 linear feet of each other, the applicant shall mill and
overlay the traffic lane in which the openings were made for the entire
length of the street between the openings.
(3)
When a pavement opening area is greater than 25% of the pavement
area from the edge of the pavement to the center line of the street,
the applicant shall mill and overlay the entire width of the traffic
lane in which the opening was made for the entire length of the opening.
(4)
When a pavement opening is within three feet of the edge of the pavement,
the applicant shall mill and overlay from the opening out to the edge
of the pavement for the entire length of the opening.
(5)
The City Engineer and/or the Director of Public Works may make changes to pavement restoration guidelines based upon site conditions or other mitigating factors. Applicants shall refer to the repair detail for each pavement classification attached to this chapter and incorporated herein by reference.[1]
[1]
Editor's Note: Said repair details are included as attachments to this chapter.
D.
Concrete pavement repair. All applicants will repair concrete pavements
in accordance with the City's concrete pavement restoration standards.
Any repairs not covered or clearly addressed by the City's standards
will be covered by PennDOT RC-26.
[Amended 3-4-1954 by Ord. No. 1425; 2-11-2009 by Ord. No.
5185]
No part of a trench or excavation shall be tunnelled
or undermined so as to leave the surface undisturbed, but all material
shall be removed to the full length, width and depth of the excavation,
excepting in such cases as may be approved by the City Engineer and
the Department of Public Works. The changes, however, shall be the
same as if the surface had been removed. Any new openings in streets
paved with reinforced concrete shall have the sides of the openings
saw cut in a straight line for a minimum depth of two inches. The
concrete between the sawed lines is to be broken loose with a pavement
breaker.
[Amended 4-24-1919 by Ord. No. 350]
Whenever more of the public highway shall be dug up than specified in any permit, the person to whom such permit shall have been issued shall secure from the City Engineer an extension of the original permit and shall pay for the extra square feet of surface removed over and above the amount specified in the original permit at the prices mentioned in § 515-15B. In all cases where an extension of permit to cover such extra excavation shall not have been obtained within 48 hours of the time of making an extra excavation, such person violating the provisions of this section shall, in addition to paying the fees provided for in the extension of the permit, be subject to the penalties provided in § 515-26.
[Amended 4-24-1919 by Ord. No. 350]
When a permit is issued, it shall designate
the locality at which the excavation is to be made, the kind of street
surfacing and the number of square feet of surface to be removed.
[Amended 1-25-1989 by Ord. No. 3003]
A.
The individual or firm to whom a permit is issued
shall assume all responsibility for the excavation made, for refilling
the same and for all damages that may arise by reason of the digging
of such trenches or excavations. The permittee shall install a temporary
road surface over the trench area which shall consist of a minimum
two-inch-thick layer of bituminous concrete. The temporary patch must
be completed within 24 hours of excavation. The City shall assume
only the responsibility of permanently replacing and maintaining the
part of the street surface or paving removed.
B.
Each permittee shall notify the Office of the City
Engineer and all public utility companies which might have underground
service in the proposed location of the intent to perform excavation;
notice is to be given at least 72 hours prior to commencing any such
excavation. Any form of drilling and/or probing is considered excavation
under this section.
C.
Every permittee shall notify the Office of the City
Engineer at least four hours prior to the start of any backfill operation.
D.
Any individual or firm that anticipates the possibility
of emergency excavation at times other than during regular office
hours of the City Engineer shall advise the Office of the City Engineer
of such possibility and shall make such arrangements as may be necessary
to provide for such emergencies.
E.
In areas where blasting is permitted, such blasting
shall be performed only by a person or persons showing proper credentials
to be fully qualified to handle blasting materials and perform blasting.
The contractor shall assume the risks of and be responsible for all
blasting by him or under his supervision.
F.
The permittee shall provide traffic control and public
safety devices in accordance with applicable state and federal standards,
including the most current Manual on Uniform Traffic Control Devices.
The permittee shall also provide trench shoring and temporary supports
for utility lines, poles and structures, if needed. The permittee
shall keep the adjacent street surface clean.
[Amended 4-22-2020 by Ord. No. 5700]
G.
The permittee shall notify the City Engineer, police,
firemen and emergency services, and all school and public bus transportation
companies at least 24 hours prior to excavation.
[Amended 4-27-2011 by Ord. No. 5308]
H.
The permittee may be required to submit a construction
schedule to the Office of the City Engineer for approval when long-term
excavations are planned or where the location or timing of the excavation
is important.
I.
No hole shall remain open overnight unless special
permission is received from the Office of the City Engineer.
[Amended 10-14-1971 by Ord. No. 2111; 7-22-2015 by Ord. No. 5506]
Before the issuance of any permit under the
provisions of this article, there shall be filed on record in the
Office of the City Engineer a receipt signed by the Director of Finance
or their designee noting that all fees required by the provisions
of this article and as set forth in the application for a permit have
been paid to the Director of Finance or their designee. No permit
shall be issued or be valid unless the provisions of this section
and other proper regulations imposed by the Office of the City Engineer
have been fully complied with.
[Amended 4-24-1919 by Ord. No. 350; 2-11-2009 by Ord. No.
5185]
In all instances where the City Engineer and
the Department of Public Works or Council may grant permission to
dig up highways, the City Engineer shall verify the extent of the
excavation.
[Amended 1-25-1989 by Ord. No. 3003]
All excess of excavated materials on any street
shall be promptly removed from the street by the person receiving
the permit, and he shall legally dispose of those materials at his
expense.
[Amended 4-24-1919 by Ord. No. 350; 2-11-2009 by Ord. No.
5185]
Whenever, because of the length or extent of
any excavation, or because of the number of streets in which the same
may be made, the Department of Public Works shall deem it necessary
to employ an extra inspector to supervise the placing of material
and refilling the excavation, such inspector shall be paid by the
person obtaining the permit at a rate per day to be fixed by the Department
of Public Works.
[Amended 4-24-1919 by Ord. No. 350]
The provisions of this article shall in no way
impair the provisions of any ordinance providing for the giving of
bonds to the City by any party or corporation for breaking ground
or occupying any of the streets, roads, avenues, lanes or alleys within
the City, except that no bond shall be exacted for repairing the street
or keeping it in repair.[1]
[1]
Editor's Note: Original Sec. 901.12, Trench resurfacing fund, which previously followed this section, was repealed 12-31-1986 by Ord. No. 2875. All money existing in the Trench Resurfacing Fund shall be transferred to the City general fund and all money collected under this Art. II shall be placed in the general fund.
[Amended 1-25-1989 by Ord. No. 3003]
Any person violating any of the provisions of
this article, upon conviction, shall be fined not more than $500 and,
in default of payment of fine and costs, imprisoned not more than
90 days.
