[Adopted 12-15-1992 by Ord. No. 253 (Ch. 21, Part 4, of the 1990 Code
of Ordinances)]
The following words and phrases, 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 person who makes application for a permit.
The Borough of Adamstown, Lancaster and Berks Counties, Pennsylvania.
The Borough Council of the Borough.
January 1 through December 31, inclusive.
Soil cement, plain cement concrete, or reinforced concrete.
Actual expenditures incurred by the Borough for labor, equipment
and materials, including, without limitation, all fringe benefits
and overhead.
Any unforeseen circumstance which calls for immediate action
to protect or safeguard life or property or for the restoration or
continuance of public utility or other public service.
A fee paid by the permittee to the Borough to defray street
opening inspection costs.
Any municipal authority created, in whole or in part, by
Borough Council under the Municipality Authorities Act of 1945, as
amended.[1]
The Department of Transportation of the Commonwealth of Pennsylvania
or any successor agency.
A fee paid by the permittee to the Borough to cover the costs
of issuing, processing and filing the street opening permit.
Any person who has been issued a permit and who shall have
by acceptance thereof agreed to fulfill any provisions of this article.
Any natural person, partnership, firm, association, corporation,
public utility corporation, or similar entity.
Any utility company, excluding municipal authorities created
by the Borough, licensed by the Public Utility Commission of the Commonwealth
of Pennsylvania.
The person designated as Road Superintendent by the Borough
Council of the Borough.
That portion of the street right-of-way reserved for sidewalks.
The entire right-of-way of the public street, public highway,
public alley or public easement within the Borough limits, excluding
the designated curb and sidewalk areas.
[1]
Editor's Note: The Municipality Authorities Act of 1945 (53
P.S. § 301 et seq.) was repealed by Act 22 of 2001 (June 19,
2001, P.L. 287, No. 22). See now the Municipality Authorities Act,
53 Pa.C.S.A. § 5601 et seq.
A.
The opening of the surface of any Borough road is prohibited unless
a permit is obtained for that purpose in the manner set forth in this
article. Such a permit shall be granted by the Road Superintendent
of the Borough when the person applying for such permit files an application
with the Borough Secretary in compliance with the provisions of this
section and pays into the Borough treasury the amounts hereinafter
provided.
B.
Any person working in the vicinity of a Borough road who in any manner
disturbs such street, or who in any manner causes damage to a street,
shall be required by this article to obtain a permit and correct such
damage in accordance with the standards of the Borough. Road opening
permits will not be required for persons excavating adjacent to the
curb for the express purpose of installing or replacing curbs and/or
sidewalks, provided a curb and sidewalk permit has been obtained from
the Borough Secretary prior to performing such work.
C.
Borough departments and municipal authorities shall not be required
to obtain street permits when work is to be performed completely by
their own personnel or by contractors performing work under contract
for the Borough or any municipal authority.
D.
Public utilities shall obtain street opening permits for street opening
and for excavations to be performed by their own crew or forces or
by contractors.
E.
No tunneling shall be allowed without the express approval of the
Road Superintendent and permission therefor endorsed upon the permit.
The backfilling of a tunnel excavation shall be made only in the presence
of the Road Superintendent or an inspector designated by him and shall
be done only in a method approved by him.
F.
In the event that street openings are necessitated by emergencies,
street opening permits shall be obtained and fees paid within five
days after completion of the work, and said permit shall be retroactive
to the date when the work was begun.
G.
No permit shall be granted to any applicant unless the applicant
shall have paid into the Borough any and all monies then due to the
Borough for prior excavations made or for any loss, damage or expenses
in any manner occasioned by or arising from the excavation of streets
of the Borough under prior permits.
A.
A permit shall be issued in the name of the owner of the facility,
hereinafter called the "permittee," and shall be binding upon the
permittee, its agents, contractors, successors, personal representatives,
and assigns. The permittee shall cause its agents, contractors, successors
and assigns to comply with all the terms and conditions of the permit.
The permit shall be maintained as a permanent record and remain in
effect, subject to the conditions thereof, as long as the permittee's
facilities authorized therein occupy the public right-of-way.
B.
The work authorized by a permit is subject to all applicable laws,
rules and regulations, including, but not limited to, Pennsylvania
Act No. 247, approved October 29, 1972, concerning environmental control
measures related to pollution and preservation of public natural resources.[1] The work shall be done at such time and in such manner as shall be consistent with the safety of the public and shall conform to all requirements and standards of the Borough, including, but not limited to, the technical specifications as set forth in § 257-52 of this article. If at any time it shall be found by the Road Superintendent that the work is not being done or has not been properly performed, the permittee and/or its contractor, upon being notified in writing by the Road Superintendent, shall immediately see that the necessary steps, at its own expense, are taken toward placing the work in condition to conform to said requirements or standards.
[1]
Editor's Note: See the Pennsylvania Municipalities Planning
Code, 53 P.S. § 10101 et seq.
A.
When the Borough proposes to reconstruct or resurface any street,
the Road Superintendent shall serve written notice by certified mail,
return receipt requested, of such improvements to all persons owning
property abutting the road about to be improved and to all public
utility companies operating in the Borough. Within 90 calendar days
from receipt of such notice all notified persons shall complete or
cause to be completed all necessary repairs and replacement of utility
mains, service under the street and designated curb and sidewalk areas.
Notified persons shall also complete any new installations under the
street and designated curb and sidewalk areas required for use within
a three-year period thereafter. All repairs, replacements and new
installations shall be in first class condition so that the same cannot
reasonably be expected to require repairs or renewal within a period
of at least three years thereafter.
B.
Upon failure of any notified person to comply with the notice from
the Road Superintendent to place the same in first class condition
as hereinbefore provided, the Road Superintendent shall cause existing
utility mains, service connections and/or laterals to be placed in
first class condition as aforesaid or to be entirely removed if not
used or necessary for public convenience, whereupon the Borough shall
be entitled to collect the cost of such renewals, repairs, removal
or other work from the aforesaid responsible person, either by invoicing
the person or, in case of water or sewer house connections, by filing
municipal liens therefor against the abutting property benefited by
such connection.
C.
This section shall not forbid the installation of new pipes, conduits
or other services or structures, or the repair, replacement or removal
of those already existing, in or under the portions of such streets
improved as aforesaid, in accordance with the ordinances of the Borough
and the direction of PennDOT or the Road Superintendent, upon obtaining
a permit and payment to the Borough of the same fees as prescribed
by the provisions of this article for making a surface opening in
the street.
Street opening permits shall only be granted upon compliance
with the following provisions:
A.
A written application shall be filed with the Borough Secretary for
making all street openings or excavations, and the same shall be signed
by the person desiring such permit. Such application shall set forth
the purpose for which such excavation is to be made; the size and
location of the same; the full scope of work to be included in the
project; a sketch of the proposed opening site; the date such excavation
is to be refilled and resurfaced in the manner hereinafter provided;
and shall provide that the applicant will faithfully comply with each
and every provision contained in this article. An applicant shall
furnish a drawing of the proposed opening site upon request of the
Road Superintendent. Items required on the drawing shall be specified
at the time of the request.
B.
All fees established by resolution of Borough Council shall be paid
prior to the issuance of any permit.
C.
Except in emergency situations, the Road Superintendent shall, at
his discretion, be permitted to deny the opening of a street which
has been resurfaced or reconstructed within a three-year period prior
to the date of request for the street opening.
D.
Except in emergency situations, applications for street openings
shall be submitted to the Road Superintendent at least two days prior
to the proposed date of excavation. The Road Superintendent shall
review each application and grant or deny the applicant a permit upon
completion of the review.
E.
No street opening shall be performed, except in the case of emergencies,
when seasonally prohibited or, in the judgment of the Road Superintendent,
working conditions are unseasonable for such work.
F.
The permittee shall agree to save the Borough, its officers, employees
and agents harmless from any and all costs, damages and liabilities
by reason of personal injury or property claim which may accrue or
be claimed to accrue, whether directly or indirectly, by reason of
said work, irrespective of the cause of such injury or damage. The
acceptance of any permit under this article shall constitute such
an agreement by the permittee whether the same is expressed or not.
G.
Upon the request of the Borough, the applicant shall supply a certificate of insurance properly executed by the applicant's insurance agency to verify that the applicant is insured against claims for property damages which may arise from or out of the performance of the excavation work, whether such performance be by the applicant or anyone directly or indirectly employed by him. Such insurance shall include protection against liability arising from completed operations, underground utility damage and collapse of any property. Liability insurance for bodily injury shall be an amount not less than $500,000 for each person and $500,000 for each occurrence and for property damages in an amount of not less than $100,000. Such insurance shall also provide hold harmless coverage pursuant to Subsection F above. Failure of an applicant to file a certificate of insurance upon request of the Borough shall be sufficient reason to deny a permit.
The permit fee established by resolution of Borough Council
shall be paid to the Borough prior to the issuance of any permit.
A.
All street opening permits are subject to revocation at any time
by the Road Superintendent after written notice, for:
B.
Written notice of such violation shall be served upon the person
to whom the permit was granted or his agent or employee engaged in
the work. Such notice may be given either by personal delivery thereof
to the person to be notified or by United States mail, postage paid,
addressed to such person to be notified. The permittee shall be granted
24 hours to correct such violations, unless specifically stated otherwise
within the letter of notification of such violation.
If any permittee is unable to complete the street opening on
or before the date specified in the permit, the permittee shall file
a written application for an extension of time with the Road Superintendent,
who shall have discretion to grant or deny such application. The written
application shall be in letter form and shall thoroughly explain the
reasons for the extension of time plus the additional length of time
required. A fee in the amount established by resolution of Borough
Council shall accompany the application.
The permittee shall be responsible for backfilling and paving
the opening and restoring the street surface to its original condition.
The Road Superintendent shall have the full authority to establish
standards for paving and backfilling materials and associated procedures.
Details specifying paving and backfilling procedures and materials
shall be obtained from the Road Superintendent prior to any street
opening work.
In case the work has not been completed before the expiration
date of the permit, which date shall be fixed when the permit and/or
time extension is granted, the Road Superintendent may take steps
to backfill the trench and replace the street surface over the opening
for which the permit has been issued. The Borough shall invoice the
permittee for all costs incurred by the Borough in the performance
of this work. Payment not made within 30 days shall be collected by
the Borough as authorized by law, including, but not limited to, the
filing of a municipal claim against the property abutting the street
opening if such street opening was made for the benefit of such property.
The permittee shall assume all responsibility for the excavation
made by such party for refilling the same and for all damages that
may arise by reason of the digging of such trenches and excavations.
The Road Superintendent is authorized to make such other rules and
regulations for the excavation of streets which he may deem necessary
for the proper maintenance of the street surface due to excavations,
which rules and regulations shall be included upon the permit granted
or forwarded from the Borough in writing from time to time.
A street opening permit shall be obtained for any test hole
work. No test holes shall be made in or upon a greater surface of
the highway than as specified in such permit, and no excavation or
test holes shall interfere with any of the water pipes, sewers, drains
of the Borough, or any other underground utility service. Test holes
having an area of four square inches or less shall be filled by the
permittee with grout composed of one part cement and two parts sand
and by a sufficient quantity of water, filled to the surface of the
highway, and the surrounding surface of the highway shall be placed
in the same condition as before. Test holes greater than four square
inches in area shall be backfilled in accordance with the provisions
of this article, unless otherwise directed by the Road Superintendent.
A.
All gutters shall be left open so as not to obstruct the free passage
of water, and the sidewalks and footways must be kept in a safe and
passable condition. All excavations shall have sufficient lights and
barricades to identify them from all directions during the day and
after dark. If for safety purposes the Road Superintendent deems it
necessary to install additional warning devices, i.e., lights, barricades
or signs, the permittee shall be notified of the decision and shall
receive instructions on the installation. In case of emergencies the
Borough may install all additional warning devices deemed necessary
by the Road Superintendent. The Borough shall invoice the permittee
for rental and installation until the permittee installs the required
warning devices.
B.
If the permittee fails to install such devices, the Borough shall
invoice the permittee for rental and installation costs incurred from
the date of installation until the date of removal.
In no case shall a permittee open or remove a greater area of
the street surface than specified in the original application. The
permittee shall not open any street area at a location not specified
in the original street opening permit. If the permittee determines
during construction that an additional area of street will have to
be opened, he shall notify and secure permission from the Road Superintendent
for the additional opening. Upon receipt of the permission, the permittee
shall file a supplementary application for the work no later than
the next day. Any supplementary applications shall require payment
of all fees established by Borough Council.
The permittee shall guarantee and maintain his work for 24 months
from the completion of the restoration and replacement work. Within
this twenty-four-month period, upon notification from the Borough
of correction work required, the permittee shall correct or cause
to be corrected all restoration work required within five calendar
days of receipt of notification. The Road Superintendent shall determine
the extent of the restoration required and the method of construction.
Any and all work not completed within this five-day period may be
completed by the Borough at the discretion of the Road Superintendent.
The Borough shall invoice the permittee for all costs incurred by
the Borough in performance of this work. Payment not made within 30
days of the invoice date shall be collected by the Borough as authorized
by law, including, but not limited to, the filing of a municipal claims
against the property abutting the street opening if such street opening
was made for the benefit of such property.
Any person violating the provisions of this article shall, upon
conviction thereof, be subject to a fine of not less than $100 nor
more than $600 for each and every offense and/or to imprisonment in
the Lancaster County jail for a period of not exceeding 30 days. Each
failure to obtain a permit or, having obtained a permit, to comply
with any of the requirements of this article, and each day that a
violation is continued shall constitute a separate offense. The Borough
reserves the right to deny the issuance of future street opening permits
to any person who violates the provisions of this article.
A.
Excavation.
(1)
All excavations within any street right-of-way shall have neat vertical
cut edges of the existing surfaces. During the course of excavation
if any section(s) of the surface material is undermined, additional
surface material shall be removed with neat vertical square-cut edges.
(2)
All materials which may be removed and all rock, earth and sand taken
from the excavation may be stored, if practical, in the roadway or
such other suitable place and in such manner as the Borough shall
approve. In case more materials are removed from any trench than can
be used for backfill in the completed trench, the excess materials
shall be removed from the site.
(3)
If the excavation is stopped either totally or partially, the permittee
shall refill the trench and temporarily repave over the same.
(4)
The permittee shall keep the gutters or flow channels open at all
times so that the flow of storm or other waters shall not be obstructed.
(5)
Work shall be conducted so as to cause a minimum of inconvenience
to pedestrian and vehicular traffic and to private and public properties
in the area of work. It shall be the duty of the permittee at all
times to maintain crossings, walks, sidewalks and other roadways open
to traffic and in a satisfactory condition and to keep all fire hydrants,
water valves, and letter boxes accessible for use.
(6)
In important thoroughfares, highways or in narrow streets, excavated
material shall be removed from the site of the work in order to provide
suitable space for traffic. When it is necessary to haul soft or wet
materials over public streets, the permittee shall provide suitable
vehicles and shall conform to all laws and ordinances relevant to
such hauling.
(7)
Maintenance and protection of traffic on Borough streets and state
highways shall be in strict accordance with PennDOT Publication 408
and Publication No. 23, "Work Zone Traffic Control," or as directed
by PennDOT or Borough authorities.
B.
Protection of utilities. The permittee shall be liable to cause all
utilities to be located prior to opening of the street(s) and shall
be liable for any damage done to any utility.
C.
Backfill.
(1)
All backfill material shall be free from cinders, ashes, refuse,
vegetable or organic material, boulders, rocks, stone or other material
which, in the opinion of the Borough representative, is unsuitable.
(2)
Backfilling shall not be done in freezing weather except by permission
of the Borough, and it shall not be made with frozen material. No
fill shall be made where the material already in the trench or excavation
is frozen.
(3)
All backfill in paved areas shall consist of No. 2A coarse aggregate
conforming to PennDOT Publication 408, Section 703.
(4)
All backfill shall be thoroughly and completely tamped and compacted
to a minimum of 90% Proctor density. Compaction shall be by hand or
approved mechanical methods in maximum eight-inch layers. In lieu
of tamping in eight-inch layers, where the extent of the excavation
permits the permittee may place the backfill material in layers not
exceed three feet and machine tamp the excavation by a "Hydro-Hammer,"
"Ho-Pack," or approved equal. Tamping shall proceed from the center
of the excavation to the sides to prevent arching.
(5)
All backfill within state highways shall conform to Pennsylvania
Code, Title 67, Transportation, Chapter 459, Occupancy of Highways
by Utilities.
D.
Base courses.
(1)
Borough roads. Regardless of the thickness of the existing base courses,
no permanent paving shall be placed on any base less than eight inches
in depth of course aggregate conforming to PennDOT Publication 408
for No. 2A coarse aggregate, or five inches in depth of bituminous
concrete base course. Concrete base course shall be replaced in kind.
(2)
Sidewalks and curbs. The base course under sidewalks and curbs shall
consist of a minimum depth of four inches of AASHTO No. 57 coarse
aggregate conforming to PennDOT Publication 408.
E.
Surfacing.
(1)
Borough roads. The existing surface shall be square vertical cut
edges and shall be a minimum of six inches larger than the excavation
opening on all sides. The existing surface, if bituminous, shall be
tack-coated to provide adherence of the new material. Existing surface
courses shall be replaced in kind, equal to the existing depth, except
that no surface course shall be less than three inches in depth, consisting
of a minimum of 1 1/2 inches of ID-2 wearing course, conforming
to PennDOT Publication 408. The finished joints of all openings shall
receive a bituminous seal coat of RC-800 cut-back asphalt, or approved
equivalent, extending at least 12 inches over the paving junction.
A dusting of sand shall be applied to the seal coat as required to
prevent tracking of the asphalt by vehicles.
(2)
Sidewalks and curbs. All concrete for sidewalks and curbs shall conform
to PennDOT Publication 408, Section 704, for Class A cement concrete.
Sidewalks shall be replaced from joint to joint and shall be a minimum
of four inches in thickness. Curb or rolled curb and gutter shall
be replaced according to PennDOT specifications as a minimum or equivalent
to the existing, whichever is the greater.
F.
Lawn areas. All areas within the right-of-way of Borough roads and
state highways shall be restored according to the following specifications
except if the disturbed area was previously sodded. If sodded, the
area shall be replaced in kind.
[1]
Editor's Note: See also Appendix AA, Street Paving and Surfacing, which is attached to this chapter.
