[Adopted 1-11-1971 by Ord. No. 110 (Ch. XX, Part 1, of the
1973 Borough Code)]
A.
STREET
PERSON
The following words, when used in this article, shall have the meanings
ascribed to them in this section, except in those instances where
the context clearly indicates otherwise:
Any public street, avenue, road, square, alley, highway or
other public place located in the Borough of New Britain and established
for the use of vehicles, except state highways.
Includes any natural person, partnership, firm, association
or corporation.
B.
In this article, the singular shall include the plural, and the masculine
shall include the feminine and the neuter.
[Amended 4-11-2006 by Ord. No. 307]
It shall be unlawful for any person to open or to make any excavation
of any kind in any of the streets in the Borough of New Britain without
first securing a permit therefor, as hereinafter provided. Furthermore,
no provision of this article and no permit issued in conjunction with
this article grants authority to use or to occupy public rights-of-way
or any street of the Borough for any purpose. The present use, any
continued, or future use or occupancy of any street or public right-of-way
in the Borough, is and shall be subject to applicable law now or hereafter
in effect.
Any person who shall desire to make any openings or excavation
in any of the streets in the Borough of New Britain shall make application
to the Borough Engineer in writing for the purpose. Such application
shall be made upon blanks to be furnished by the Borough and shall
set forth the name of the applicant, the exact location of the proposed
opening or excavation, and the approximate size or depth thereof,
and shall contain an agreement on the part of the applicant that the
work shall be done in full compliance with the ordinances of the Borough
and the laws of the Commonwealth of Pennsylvania in relation thereto
and that the applicant shall well and truly save, defend and keep
harmless the Borough from and indemnify it against any and all actions,
suits, demands, payments, costs and charges for or by reason of the
proposed opening or excavation, and all damages to persons or property
resulting in any manner therefrom or occurring in the prosecution
of the work connected therewith, or from any other matter, cause or
thing relating thereto.
[Amended 8-5-1980 by Ord. No. 187; 4-11-2006 by Ord. No. 307]
Before any permit shall be issued to open or excavate any street
in the Borough, the applicant shall pay to the Borough of New Britain,
for the use of the Borough, a permit fee in an amount then specified
in the Borough Schedule of Fees, as promulgated by the New Britain
Borough Council from time to time, which fee shall defray the cost
of inspection and other incidental services in connection therewith.
When application shall be made to open or excavate any longitudinal
opening or excavation in excess of 10 feet, before any permit shall
be issued to so open or excavate, the applicant shall pay, in addition
to such permit fee, an additional fee in an amount then specified
in the Borough Schedule of Fees, as promulgated by the New Britain
Borough Council from time to time, for each 100 feet or fraction thereof
to be opened or excavated upon such street.
Any person who shall open or excavate any improved street in
the Borough shall thoroughly and completely refill the opening or
excavation, and shall restore the surface to the same condition as
it was before the opening or excavation, and such restoration shall
be in accordance with the following specifications.
A.
Trench backfill. After the utility has been placed, the trench shall
be backfilled with a granular material (sand, "navy" stone or equal)
to a height of not less than 12 inches above the top of the utility.
The remaining height shall be backfilled in six-inch layers with suitably
dry material containing no stone larger than three inches in diameter.
All backfilling shall be thoroughly compacted with mechanical tampers
to obtain satisfactory compaction as specified by the Engineer.
B.
Concrete pavement replacement; preparation. The existing base shall
be cut back in a neat straight line for a minimum of 12 inches from
the original excavation line on both sides of the trench. These cut
edges shall be clean, vertical and a minimum of eight inches in depth.
The area on which the concrete is to be placed shall be satisfactorily
graded to provide a uniform eight-inch minimum depth of concrete.
C.
Placement. The concrete to be used in the patching shall be a four-thousand-pound
mix with a two-and-one-half-inch slump which will provide a minimum
flexural strength of 550 psi. The area upon which the concrete is
to be placed shall be thoroughly wet down immediately prior to the
depositing of the concrete, and the concrete pour shall be continuous
until completion. If the trench excavation exceeds four feet in width,
No. 6 reinforcing bars placed at six inches center to center with
a two-inch clear on each end and a three-inch clear on the bottom
must be installed in the concrete base course.
D.
Finishing and curing. The entire surface shall be given a rough broom
finish to provide a proper texture for the placement of blacktop.
Following the finishing operation, the entire patch shall be covered
with wet burlap matting, curing paper or polyethylene sheeting which
is to remain in place for a minimum of 72 hours and is to be kept
wet for this entire curing period. If curing paper or polyethylene
is used, an airtight seal must be maintained along all edges of the
concrete. During cold weather, straw or hay must be placed on top
of the burlap, polyethylene or curing paper and kept in place for
the entire curing period.
E.
Bituminous surfacing. Prior to the placement of the bituminous surfacing,
all edges of the existing bituminous pavement shall be cut vertically
in a neat straight line to the dimensions shown on the attached sketch.
A tack coat of asphalt cement shall be applied to the clean, dry,
base concrete as well as the cut edges of the existing surface course.
The bituminous surfacing shall consist of 2 1/2 inches of ID-2,
which shall include a binder and wearing course. The binder and surface
course shall conform to the depths of the existing bituminous surface,
but in no case shall the binder course be less than 1 1/2 inches
of ID-2 and the wearing course be less than one inch of ID-2. The
binder course shall be rolled sufficiently and allowed to cool properly
before proceeding with the wearing course, which must also be cooled
completely before opening to traffic.
F.
Cleanup. When the construction has been completed, all excess material
shall be removed from the site and the area restored to its original
condition.
G.
Traffic protection. Complete traffic protection, including barricades,
warning lights and any other miscellaneous items for this purpose,
will be the sole responsibility of the contractor throughout the duration
of the construction.
If within two years after the restoration of the surface as
herein provided defects shall appear therein resulting from defective
backfilling by the applicant, the applicant shall reimburse the Borough
for the cost of all necessary repairs to the permanent paving.
All work in connection with openings in any street, as outlined
in the permit, shall be done by the applicant at his expense, and
all such work shall be subject to the provisions of this article and
to the supervision and approval of the Borough Engineer.
A.
No more than one traffic lane of the paved portion of any street
shall be open at any one time.
B.
No more than 500 feet longitudinally shall be opened in any street
at any one time.
C.
The work of excavation shall be conducted as not to interfere with
any subsurface lines or construction until permission of the proper
authorities in connection with such subsurface lines or construction
shall be obtained.
D.
No tunneling shall be allowed without the express approval of the
Borough Engineer and permission therefor endorsed upon the permit.
The backfilling of a tunnel excavation shall be made only in the presence
of the Borough Engineer or an inspector designated by him and shall
be done only in a method approved by him.
E.
All openings or excavations shall be backfilled promptly with suitable
materials and thoroughly compacted in layers, each of which shall
not exceed six inches in depth. On improved streets, the backfilling
shall be placed to within 10 1/2 inches of the surface.
F.
On improved streets, a temporary paving of suitable stony materials,
thoroughly bound and compacted, shall be installed flush with the
surface of the adjoining paving.
G.
During the making of any excavation in any street, every necessary
and reasonable precaution shall be taken by the applicant and the
parties making the same to keep the street in a safe and passable
condition both day and night by guards, barriers, lanterns and other
devices, and all excavating permits are granted under and subject
to the express condition that the person to whom the same is issued
shall indemnify, save and keep harmless the Borough from any loss
in damages, or otherwise whatsoever, which may or shall be occasioned
at any time by the said excavation or by any leak, explosion or other
injury from any pipe, apparatus, conduit or any other matter placed
in the said excavation.
H.
The applicant shall notify the Borough Engineer when the opening
or excavation is ready for backfilling before any backfilling is done,
and when the work is completed by proper backfilling in the case of
unimproved streets and by temporary paving in the case of improved
streets.
I.
In the event that any work performed by or for a permit holder shall,
in the opinion of the Borough Engineer, be unsatisfactory, and the
same shall not be corrected in accordance with his instructions within
the time fixed by him, or in the event that the work for which the
permit was granted is not completed within the time fixed by the Borough
Engineer, the Borough may proceed to correct such unsatisfactory work
or complete any such work not completed and charge the cost thereof
plus 20% to the applicant.
In the case of any leak, explosion or other accident in any
subsurface pipe, line, construction or apparatus, it shall be lawful
for the person owning or responsible for such pipe, line, construction
or apparatus to commence an excavation to remedy such condition before
securing a permit, provided that application for a permit shall be
made immediately and not later than the next business day thereafter
and that all other provisions of this article are fully complied with.
If any such emergency condition shall not be immediately attended
to by the owner or person responsible for such pipe, line, construction
or apparatus, the Borough Engineer, after such notice as he shall
deem necessary under the circumstances of the particular case, shall
proceed to do the work necessary and required by such emergency, and
charge the same on the basis of cost plus 20% to such owner or person.
No new subsurface lines or construction shall hereafter be laid
or constructed, and no existing subsurface lines or construction shall
be extended in any of the streets of the Borough until the exact location
thereof and the plan therefor shall have been first approved by the
Borough Council.
Payment for all work done by the Borough under the provisions
hereof shall be made by the person made liable therefor under the
provisions hereof within 30 days after a bill therefor is sent to
such person by the Borough. Upon failure to pay such charges within
such time, the same shall be collectible by the Borough in the manner
provided by law for the collection of municipal claims.
Any person who shall violate any of the provisions of this article
shall, upon summary conviction before the Magisterial District Judge,
be sentenced to pay a fine or penalty not exceeding $600 plus costs
of prosecution or, in default thereof, be sentenced to imprisonment
in the County Jail for a period not exceeding 30 days.
The provisions of this article shall not apply to laying sidewalks
or curbs or to the planting of poles.
