[HISTORY: Adopted by the Borough Council of the Borough of
Port Vue as indicated in article histories. Amendments noted where
applicable.]
[Adopted 5-16-1978 by Ord. No. 308A (Ch. 21, Part 2, of the
1989 Code of Ordinances)]
Hereafter, it shall be unlawful for any person, corporation,
owner, lessee, or tenant, or their agents, servants, or employees,
to shovel or otherwise deposit snow and/or ice from abutting premises,
or to cause or permit snow and/or ice from abutting premises to be
shoveled or deposited, onto the streets and highways of the Borough
of Port Vue after said roadways have been previously cleared or after
the snow and ice conditions have been minimized by snowplowing, salting,
cindering, or other winterizing processes.
[Amended 9-12-1989 by Ord. No. 401]
Any person, partnership, or corporation who shall violate any
provision of this article shall, upon conviction thereof, be sentenced
to pay a fine of not more than $600, and costs of prosecution, or,
in default of payment of such fine and costs, to undergo imprisonment
for not more than 90 days, provided each violation of any provision
of this article, and each day the same is continued, shall be deemed
a separate offense.
Permit applications to the Borough of Port Vue shall comply
with the following:
A.
Shall be submitted in person or by mail on a form provided by the
Borough of Port Vue. Additionally, all of the provisions of "Pennsylvania
One Call" shall be strictly adhered to, and the applicant shall insure
that the Borough is also directly put on notice as to any activity
involving its streets, roads and rights-of-way.
B.
Shall be signed by the applicant.
C.
Shall include two sets of plans detailing the location and pertinent
dimensions of the opening, the proposed installation and related highway
features.
D.
Shall be accompanied by a check or money order payable to the Borough
of Port Vue in the amount of $3,000 minimum, or in lieu, any utility,
which is regulated by the P.U.C. may post a $10,000 annual bond with
the Borough.
E.
That such application shall be submitted to the Borough at least
30 days' prior to the anticipated start of the work; provided,
nevertheless, that in cases of emergency, such application shall be
submitted as soon as shall be practicable, but in no event later than
five days from the occurrence of the emergency. Work as to permanent
restoration after emergency repairs shall be completed within 10 days
of the emergency repairs and shall be inspected by the Borough's
designee.
F.
The appropriate Borough official shall examine and determine the
completeness of each application and may reject any application if
said official is not satisfied with the information provided.
G.
Upon approval by the Borough, a permit shall be issued, including
a permit placard. The placard shall be retained by the permittee and
shall be posted and displayed in a prominent location at all times
at the work site for the entire work period.
H.
Not more than 200 linear feet shall be opened in any street at any
time.
I.
Basis of measurements. The basis of measurement of street surface
opening shall be the actual number of lineal feet of paving or surfacing
necessary to completely repair the street surface at such opening.
A fraction of 1/2 of a square yard shall be considered as a full 1/2
square yard and payment shall be made on this basis. All openings
shall be measured by the Borough designee and such measurements shall
be final and conclusive.
J.
Supervision and inspection. All work done under the authority of
any permit shall be supervised and inspected by the Borough Engineer
or, with his consent, the Street Department Head, and such supervision
shall be done at the sole expense of the person, firm or corporation
securing such permit after billing by the Borough for such services.
When the opening is for sewer line construction, applicant shall notify
the Borough Engineer, prior to backfilling for: sewer construction,
method and material, pipe grade and alignment approval.
It shall be unlawful for any person, firm or corporation to
open up any street or alley, sidewalk and curb in the Borough of Port
Vue for any purpose whatsoever, without first obtaining a permit therefore
from the office of the Borough Manager.
A.
The Borough Manager shall submit all applications to the Borough
Engineer, which shall investigate same, and if the Engineer finds
it necessary to do said work in the manner described therein, and
that the same can be done without closing the highway to public travel,
the said Engineer shall approve the application in writing and fix
the amount to be charged as hereinafter provided.
(1)
All street or alley openings which take place within two years of
repaving shall be milled and resurfaced for their entire width curb
to curb for a distance of no less than 15 feet beyond such opening.
(2)
Any street or alley which is opened more than two years shall have
the entire width curb to curb for a distance of no less than 10 feet
beyond such opening, milled and resurfaced.
(3)
In addition to the approved trench restoration, milling and paving
curb to curb, shall be 1 1/2 inch in depth and restoration of
1 1/2 inch tamped 9.5 mm wearing course.
B.
If said application is approved in writing by the Engineer, the Borough
Engineer shall issue a permit to the applicant upon the payment, by
the applicant, of the amount hereinafter fixed, or the furnishing
of a prescribed bond. The fee for issuance of a permit by the Borough
Engineer is hereby fixed as follows:
(1)
If the application shows said work to be done on a roadway which
has not been improved by curbing, paving, macadamizing or other improved
driveway, the applicant shall pay the sum of $100 for the first 10
feet of trench plus $1 for each running foot of trench or fraction
thereof. If the highway is curbed, paved, macadamized or otherwise
improved with a hard surface driveway, the applicant shall pay the
sum of $100 for the first 10 feet of trench plus $3 for each running
foot of trench or fraction thereof. The foregoing charges shall be
in addition to the fee for the issuance of the permit provided in
Section A of this article.
(2)
The Borough shall furnish an inspector for said work, the expense
thereof to be borne solely by the applicant. The amount of the inspector's
fee shall be $75. Said inspector shall be notified by the applicant
when backfilling procedures are about to be performed so that an inspection
can be made at that time and before backfilling is performed and completed.
An applicant shall file a properly executed certificate of insurance
with the Borough and verify that the applicant is insured against
claims for personal injury as well as 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 by anyone directly
or indirectly employed by him/her. 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 in an amount not less than $1,000,000 for each person
and $2,000,000 for each accident in the aggregate and for property
damages an amount not less than $300,000. Failure of an applicant
to file a certificate of insurance shall be sufficient reason for
denying said permit. The applicant shall save harmless the Borough
from any and all damages and liability by reason of personal injury
or property damage arising from work done by the applicant under the
provisions of this article.
Issuance fees in amount necessary to defray the costs incurred
by the Borough in reviewing and processing applications and plans,
including the preliminary review of the site location identified in
the application, and issuing and processing the permit shall be as
established from time to time by Borough Council.
A.
The applicant shall be required to execute and deliver unto the Borough
an agreement, or its performance and labor and materials payment bond(s)
with approved surety, or both, as a prerequisite to the issuance of
any such permit, in an amount to be determined by the appropriate
issuing Borough official, the amount of which shall equal the estimated
cost of the work, for the purpose of indemnifying the Borough for
any costs, damages or expenses incurred or estimated as the result
of the restoration of such Borough street and right-of-way, which
is the subject of said application. Upon completion of restoration,
the applicant shall be required to execute and deliver to the Borough
an agreement or its maintenance bond with an approved surety, or both,
as its guarantee and warranty against defects regarding said restoration
for a period of one year from the date of acceptance by the Borough
of said restoration work.
B.
At the expiration of the period of one year after the completion
of the resurfacing of the street, alley, sidewalk or curb of the Borough
occasioned by the openings authorized by the permit or permits, the
Borough Engineer shall order the return of all cash deposits and bonds
posted if the conditions which they cover have been performed. In
the event the Borough has been compelled to make repairs after notice
as above recited, the cost of such repairs shall be withheld from
such cash deposit and the bond shall be subject to payment of the
Borough for such amount. It shall be incumbent upon the holder of
the permit to give written notice to the Borough Manager of the expiration
of the one-year period.
A.
Any applicant or permittee shall be required to restore a Borough
road or street to the same condition as it was prior to entry thereon
by the permittee in accordance with regulations promulgated by the
Borough of Port Vue. The estimate of such restoration shall be set
forth in detail on the permit issued by the Borough of Port Vue.
B.
If the permittee and/or its contractor, after making an opening in
the street or right-of-way to place or repair pipe or for any purpose,
fails to restore any portion of the street or right-of-way to conform
with the specifications of the Borough of Port Vue, the Borough reserves
the right to do the work and bill the permittee for the cost of restoration,
plus 20%.
The permittee shall be required to repair the excavation by
cutting back and resurfacing at least one foot on each side of the
street opening in each direction, and the bond referred to herein
shall include the cost of such restoration; provided, nevertheless,
that the foregoing shall include restoration of Borough-maintained
streets. All 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 requirements and standards of the Borough of Port Vue. If at any
time, it shall be determined by the appropriate official of the Borough
that the work is not being done or has not been properly performed,
the permittee, upon being notified in writing by said official, shall
immediately take the necessary steps, at its own expense, to place
the work in condition to conform to such requirements or standards.
In case any dispute arises between the permittee and the aforementioned
appropriate Borough official, the Borough shall have the authority
to suspend work until the question at issue is resolved.
A.
Requirements for openings parallel to a roadway or right-of-way are
as follows:
(1)
A utility facility shall be placed outside the pavement and shoulder
unless there is no feasible space outside the pavement and shoulder
for placing the facility, in which case occupancy within the pavement
or shoulder may be authorized by the permit.
(2)
The top of a utility facility shall be installed at least three feet
beneath the surface.
(3)
On an unpaved road, the near edge of the opening shall be at least 12 feet from the general center line of the traveled highway or as authorized in Subsection A.
(4)
No opening may be made for more than 200 linear feet at one time,
unless authorized by the permit.
(5)
The permittee shall protect its opening to provide for the safety
of the traveling public, including motorists, bicyclists and pedestrians.
(6)
The permittee shall be required to maintain the flow of traffic within
the affected work area at all times and shall be required to provide
all necessary signage, flaggers and any other items necessary for
traffic control in accordance with Penn DOT requirements. No road
closures shall be permitted at any time without written permission
from the Borough. The permittee shall be required to provide acceptable
and adequate notification to all affected properties not less than
72 hours prior to the commencement of any construction activities,
except in the event of an emergency, at which such notification shall
be given as timely as possible and with the full knowledge and concurrence
of the Borough.
(7)
The permittee shall store materials and equipment only at the location(s)
approved and acceptable to the Borough. The permittee shall obtain
Borough approval not less than five business days' prior to the
commencement of work and shall not deliver any materials or equipment
to the Borough without said approval.
B.
Daily stoppage of work requirements. Daily stoppage of work requirements
including the following:
(1)
Except for emergency repairs of utility facilities, work within the
pavement or shoulder shall be stopped prior to peak traffic hours
that may exist on a particular roadway on a particular day and as
specified in the permit.
(2)
At the end of each workday, an opening in the right of way shall
be as follows:
(a)
Covered with steel plates or bridging over openings which are
less than six feet either length or width. The plates or bridging
shall be extended a minimum of 18 inches from each edge of the opening
and shall be secured in a safe manner. Plates must withstand or support
Class 8 loadings of 33,001 commercial loadings.
(b)
Backfilled to the bottom elevation of the pavement or base course,
or to the original surface elevation if outside the pavement and shoulder,
and protected under an approved traffic control plan until the surface
is restored to its former condition.
(3)
The permittee shall protect its openings to provide for safety of
the traveling public, including motorists, bicyclists and pedestrians.
A.
Any person who shall open or excavate any improved street in the
Borough shall thoroughly and completely backfill the opening or excavation,
mechanically compact same so as to prevent any settling thereafter
as it was before the opening or excavation, to the same surface and
base materials, line and grade as it were before the opening or excavation;
as restored, the surface and base shall conform to the line and grade
and be of the same materials as that of the undisturbed existing adjacent
surfaces and bases.
B.
An opening shall be backfilled by the permittee in accordance with
the following:
(1)
The opening may first be backfilled with fine aggregate materials,
meeting applicable Pennsylvania Department of Transportation standards,
or standards as promulgated by the Borough from time to time, and
placed to a height not to exceed one foot over the top of the facility,
if the material is compacted in not more than four inch(s) loose layers
or as authorized by the Borough. To help protect its facility from
future excavations, the permittee shall place a permanent ribbon at
least one foot above its facility. If the facility is nonmetallic,
the permittee shall place a metallic ribbon at a depth from which
the ribbon can be sensed by typical metal-locating instruments. The
Pennsylvania Department of Transportation Standards refers to 1) Specifications
Publication 408, current edition and as amended from time to time
and 2) Pennsylvania Department of Transportation, Standards for Roadway
Construction, Series RC-1M to 100M, current edition, and as amended
from time to time. Both publications are incorporated into and made
a part of this article.
(2)
The opening shall then be backfilled with 2A or 2B stone, compacted
in four-inch layers as directed by the Engineer, unless retained suitable
materials are authorized by the Borough. The aggregate material will
be required for use as backfill of openings in pavements, paved shoulders
and improved shoulders as well as unimproved shoulders within three
feet of the edge of pavement. Retained suitable material will normally
be authorized for use as backfill of openings outside shoulders and
in unimproved shoulders more than three feet outside the edge of pavement
and up to within three feet of the surface.
(3)
Backfill shall be compacted as follows:
(a)
General rule. Except as provided in Subsection B, backfill material shall be placed in loose layers not to exceed eight inches if vibratory compaction equipment is used or authorized. Each layer shall be thoroughly compacted to preclude subsidence, otherwise, compaction shall occur every four inches.
(b)
Compaction outside pavement and shoulders. At least 15 days
prior to the start of work, the applicant may submit its written compaction
plan to the Borough office requesting backfill in an opening outside
the pavement and shoulder to be placed in layers thicker than eight
inches prior to vibratory compaction. The compaction plan shall include
full details of equipment, materials and work methods as well as the
permittee's acknowledgment of its obligation and commitment to
regularly monitor the restoration of the permitted work and to promptly
correct failure or subsidence of the roadway. The Borough may condition
its approval of a compaction plan on the execution of a bond if a
part of the opening is within the improved area.
(c)
Existing pavement elevation. Compaction shall be completed to
the bottom elevation of the existing pavement.
(4)
The Borough may require the permittee to have material proposed for
use as backfill and compacted material tested, at the expense of the
permittee.
A.
On improved streets, a temporary pavement consisting of bituminous
cold patch material, not less than three-inch compacted depth shall
be installed flush with the surface of the existing undisturbed pavement
and shall be maintained until permanent restoration has been completed.
On unimproved streets, compacted 2-A stone material, not less than
three inches compacted depth shall be installed and maintained until
permanent restoration has been completed.
B.
The contractor shall be required to mill the existing pavement surface
between edges of pavement from curb to curb and repave the same area,
and the width shall be equal to the width of both lanes in accordance
with Drawing _____.
C.
In both above cases, milling and restoration shall extend to a point
of not less than two feet beyond the limits of the opening.
D.
Permanent restoration shall be performed and completed as soon thereafter
as the utility work has been completed, but in no instance shall permanent
restoration be completed any longer than three months from the official
date of said completion, except as may be necessitated by winter weather
conditions and as approved by the Borough. Failure to comply shall
result in the penalties as set forth elsewhere herein.
E.
Bituminous pavement restoration shall consist of the following: Saw
one foot outside tile initial excavation and remove temporary paving
and base to a depth of 7 1/2 inches below the existing finished
surface and furnish and install the following:
(1)
Thoroughly compact subgrade.
(2)
Place eight-inch compacted depth of a 2-A modified stone base.
(3)
Place four-inch compacted depth of 25.0 mm Superpave Binder Material.
(4)
Place two-inch compacted depth of 19.0 mm Superpave Binder Material.
(5)
Place one-and-a-half-inch compact depth of 9.5 mm Superpave Wearing
Material.
(6)
Immediately following paving operations, hand mop and seal all edges
where new pavement meets existing surfaces with AC-20 sealing material.
F.
Where concrete curb is to be restored, the contractor shall saw out
and remove affected curb to the next undisturbed expansion or contraction
joint, shall place one-half-inch pre-molded expansion joint material
and install medium depth eighteen-inch plain cement curb to match
width and reveal of the adjacent existing undisturbed curb. Concrete
shall be 4,000 PSI air entrained. All new finished concrete surfaces
shall be treated with BASF Enviroseal 40 or equivalent. See enclosed
drawing IX:3.05:02B.[1]
[1]
Editor's Note: Said drawing is on file in the Borough
offices.
G.
Where concrete sidewalk is to be restored, the contractor shall excavate
and remove existing affected sidewalk to the next undisturbed expansion
or contraction joint, shall saw cut smooth and replace full slabs.
Specifications shall include five-inch minimum depth of compacted
2B or crushed stone subbase and five-inch thickness of 4,000 PSI air
entrained concrete, with No. 10/10 gauge welded wire fabric, one-half-inch
pre-molded expansion joints where new concrete construction meets
existing construction and placed at thirty-foot center to center,
with contraction joints at ten-foot center to center. All new finished
concrete surfaces shall be treated with BASF Enviroseal 40 or equivalent.
See enclosed drawing IX:3.05:04B.[2]
(1)
Additional restoration shall be required as follows:
(a)
If disturbed lanes adjacent to undisturbed lanes are overlaid,
the edge of the disturbed lanes shall be saw cut or milled to a depth
of 1 1/2 inches or the depth of the existing surface course,
whichever is less, for the length of the opening to insure a smooth
joint, with proper elevation and cross sections. A full width overlay
may be authorized on various roadways instead of saw cutting or milling
the disturbed land.
(b)
Restored openings in the pavement or paved shoulder shall be
sealed in the case of bituminous concrete or in the case of cement
concrete.
[2]
Editor's Note: Said drawing is on file in the Borough
offices.
H.
Test holes shall require a street opening permit 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 may
interfere with any water pipes, sewers or drains of the Borough or
any other underground utility service. Test holes shall be promptly
backfilled in accordance with provisions set by the Borough.
A.
That any person, firm or corporation violating any of the provisions
of this article, upon conviction thereof before a Magisterial District
Judge, shall be sentenced to pay a fine of not less than $1,000 nor
more than $300 for each and every offense, plus the costs of prosecution
and in default of payment of said fine and costs, to a term of imprisonment
not to exceed 30 days.
B.
In addition, the proper authorities of the Borough of Port Vue may
institute any appropriate action or proceeding to prevent violations
of the provisions of this article, or of any permit issued by the
Borough. Upon receipt of oral or written notice of any violations
from the proper Borough official, 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. Where the permittee
has received oral notice of the violation, written notice shall be
sent to the permittee within 10 days of receipt of the oral notice.
In addition, the proper official of the Borough may revoke the
applicant's permit; provided, nevertheless, that the applicant
shall have the right to appeal such revocation within five days of
receipt of notice of such revocation to Borough Council.
Any ordinance or any part of any ordinance conflicting with
the provisions of this article are hereby repealed and this article
shall amend Borough Ordinance 467.
