[Adopted 6-13-1995 by Ord. No. 95-536,
approved 6-13-1995[1]]
The following words, when used herein, 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.
Any person who has been issued a permit and has agreed to
fulfill all the terms of this article.
Any natural person, partnership, firm, association, utility
or corporation.
The entire right-of-way of a public street, public highway,
public alley, public way, public road or public easement within the
Borough of Bridgeport, whether or not improved.
Any ditch, excavation, tunnel or opening in or under the
surface of any street, sidewalk, footpath or within any street right-of-way,
including work performed by any property owner or his agent or contractor
within that portion of the street right-of-way abutting his property
and lying between the curbline and property line.
It shall be unlawful for any person to make
any street opening without first securing a permit therefor from the
Borough of Bridgeport. Provided, however, any person maintaining pipes,
lines or underground conduits in or under the surface of any street
by virtue of any law, ordinance or franchise, may, after providing
notification to the Borough of Bridgeport Police Department, proceed
with an excavation or opening without a permit when emergency circumstances
demand that the work be done immediately for the preservation of the
public health, safety or welfare, provided the permit could not reasonably
and practically have been obtained beforehand. Such person, however,
shall thereafter apply for a permit on the first regular business
day on which the office of the Borough is open for business, and the
permit shall be retroactive to the date when work was begun. Any work
done in accordance with this section on an emergency basis shall still
comply with all of the specifications and standards as set forth hereinafter
in this article.
The granting of any street opening permit shall
confer a right upon the permittee, subject to the terms and conditions
of the permit, to temporarily occupy and use the street surface during
the course of construction work covered by the permit, and to thereafter
occupy and use the street surface during the course of construction
work covered by the permit, and to thereafter occupy the space within
which the work is to be located, subject in every case to the specific
right of the Borough to require temporary or permanent relocation
or removal of any facilities entirely at the permittee's expense in
the event said facilities are in conflict with the public's interest
in the use of the street.
In granting a permit, the Borough may attach
such special conditions thereto as may be reasonably necessary to
protect the public land, private property and the general health,
safety and welfare of the community, particularly for pedestrian and
vehicular traffic.
By accepting the permit, the applicant agrees
to perform the work in accordance with the terms and conditions of
the permit, and with any special conditions which may be attached
thereto, and to save the Borough, its officers, employees and agents
harmless from any costs, damages and liabilities which may accrue
by reason of the work.
Every permit issued hereunder shall expire at
the end of the period of time specified in the permit. If the permittee
shall be unable to complete the work within the specified time, he
shall, at least 15 days prior to expiration of the permit, present
in writing to the Borough a request for an extension of time, setting
forth therein the reasons for the requested extension. If in the opinion
of the Borough such an extension is necessary, the permittee may be
granted additional time for the completion of the work.
Any permit issued hereunder may be revoked by
the Borough after notice for violation of any condition of the permit
or any ordinance of the Borough, including, but not limited to, not
completing the work as set forth in the time constraints contained
in the permit or performing the work in accordance with the specifications
as set forth hereinafter.
[Amended 11-28-2017 by Ord. No. 2017-009, approved 11-28-2017]
A.
All breaks or openings shall be refilled by the applicant for the
permit to the approval of the Department of Public Works by replacing
all of the excavated materials in the opening without raising the
surface of the highway, road, street, avenue, lane, alley, sidewalk
or footpath, due allowance being made for the structure being placed
in the trench. All refilling must be done with Pennsylvania Department
of Transportation Specified 2A stone, thoroughly compacted by puddling
or hard tamping in uniform layers not to exceed six inches in depth,
and all surplus dirt must be removed from the job.
B.
A temporary paying of materials, the top two inches of which shall
be new bituminous concrete, thoroughly bound and compacted, shall
be installed flush with the surface of the adjoining paving. The applicant
shall keep and maintain such paving in proper condition until such
time as the permanent paving is constructed. If the applicant fails
to install such paving within a reasonable time after the completion
of the improvements or fails to properly maintain such paving, the
Borough shall perform the work and charge the costs thereof to the
applicant.
C.
Permanent paving shall be constructed, no later than 45 days after
the installation of the temporary paving. If within one year after
the installation of the permanent paving, defects appear therein,
resulting from defective restoration by the applicant, the applicant
shall reimburse the Borough for the cost of all necessary repairs
to the permanent paving.
D.
If the applicant opens pavement having improved surface, and the
Borough's wearing course is less than seven years old, the applicant
shall, in addition to the restoration requirements outlined in this
article, overlay the pavement in accordance with the following conditions:
(1)
When a longitudinal opening longer than 10 linear feet has been made
in the pavement, the applicant shall overlay the traffic lanes in
which the opening was made, for the entire length of highway that
was opened, in a manner approved by the Borough.
(2)
When two or more transverse openings have been made within 100 linear
feet of pavement, the applicant shall overlay traffic lanes in which
the openings were made, for the entire length of the highway between
the openings, in a manner approved by the Borough.
(3)
When four or more openings have been made by the same applicant within
100 linear feet of pavement, the applicant shall overlay traffic lanes
in which the openings were made, for the entire length of highway
between the openings, in a manner approved by the Borough.
(4)
If disturbed lanes adjacent to undisturbed lanes are overlaid, the
edge of the disturbed lane 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 section. A full width overlay may be authorized
on various roadways instead of saw cutting or milling the disturbed
lane.
(5)
If the disturbed lanes adjacent to the shoulders are overlaid, the
shoulder shall be raised, with material and in a manner approved by
the Borough for the type of existing shoulder, so that the overlaid
pavement and shoulder edges are at the same elevation.
E.
Regardless of the age of the wearing course:
(1)
If more than 100 linear feet of longitudinal or transverse openings,
or both, are made in the pavement, the Borough reserves the right
to require the applicant to overlay traffic lanes in which the openings
were made, for the entire length of highway that was opened, if the
Borough Engineer determines that the rideability or structural integrity
of the pavement has been impaired by the openings.
F.
If four or more openings are made by the same permit holder within
100 linear feet of pavement, the Borough reserves the right to require
the applicant to restore the entire disturbed pavement between the
openings by milling, planning or authorized method and overlaying
the entire disturbed pavement.
G.
Aggregate used in bituminous overlay wearing course shall comply
with skid resistance levels (SRC) criteria specified by the Pennsylvania
Department of Transportation.
H.
If an opening is made in bituminous concrete pavement within three
feet from the edge of pavement or other longitudinal joint or opening,
the surface restoration shall be extended to the edge of pavement
or other longitudinal line.
I.
At each end of an overlay, the applicant shall install a paving notch
by milling, planing, or authorized method and provide a minimum of
ten-foot transition.
J.
The transition areas at each end of an overlay shall follow the contour
of the surrounding surface.
K.
When pavement markings are more than 100 linear feet of highways
are covered or destroyed by the permitted work, including overlays,
they shall be replaced with temporary pavement markings, before opening
the disturbed pavement to traffic. When the pavement surface is fully
restored, permanent pavement markings that were covered or destroyed
shall be replaced by applicant, in like kind, in their former location.
L.
Restored openings in the pavement or paved shoulder shall be sealed
with a suitable material in accordance with Borough specifications.
Any person intending to make a street opening shall make written application therefor to the Borough on a form provided for that purpose not less than 10 working days prior to the commencement of work. Upon approval, permits shall be issued to the applicant by the Borough Building Inspector, Borough Manager or a designated Borough employee. No work shall be commenced until the Borough has approved the application and issued a permit, excepting emergency work, as provided under § 485-38 hereof. Each application shall be accompanied by an accurate drawing clearly showing the extent of the proposed street opening and the location and depth of the subsurface facilities to be installed, and when required by the Borough, the location and depth of all other surface facilities in the vicinity of the work. Even though a permit shall have been issued, no work shall be commenced thereunder until the person intending to make a street opening shall have given 24 hours' advance notice to the Borough of Bridgeport Manager or the Borough Building Inspector. The Borough Council may amend its application form for opening surfaces or public highway or walkways from time to time by resolution.
The applicant shall pay a nonrefundable permit fee or fees and shall be required to make a deposit in accordance with § 485-51, hereinafter set forth, at the time of the issuance of the street opening permit in accordance with Borough Council's resolution pertaining thereto.
[1]
Editor's Note: The current fees resolution
of the Borough is on file in the office of the Borough Secretary.
The applicant shall furnish certificates of
insurance as required by the Borough.
The work shall be subject at all times to inspection
by the Borough or its agents, and the permittee shall pay the cost
of such inspection as the Borough may require. Notwithstanding anything
contained herein, permittee shall be required to notify the Borough
before commencing the work as to the time and date the work will commence
and shall immediately notify the Borough when said work is completed.
Unless specifically permitted by the Borough:
A.
No street opening shall be made within seven years
of construction, reconstruction, reconditioning or newly applied pavement
surface.
[Amended 11-28-2017 by Ord. No. 2017-009, approved 11-28-2017]
B.
No street opening shall extend across more than 1/2
of the cartway or travelway at one time.
C.
Two-way traffic shall be maintained at all times.
If the roadway must be closed, the permittee must submit, in writing,
why it must be closed. A detailed detour map, including signs to be
installed, shall be provided in accordance with Pennsylvania Department
of Transportation Publication 203.a, as amended.
D.
Access to driveways and/or buildings abutting the
street shall be maintained where possible.
E.
No more than 250 lineal feet of any street shall be
opened at any one time.
A.
The permittee shall conform to Pennsylvania Act 172,
PA One Call System and shall take all precautions necessary to avoid
damage to other utility lines and to public and private property.
Proof of notification shall be submitted to the Borough and noticed
on the application in the form of the PA One Call utility serial case
number. In the event damage does occur to the property of others,
the permittee shall promptly and satisfactorily repair all damage
and restore the property to a satisfactory condition.
B.
Provisions shall be made to accommodate the flow of
storm drainage, and no excavated material or trench shall be permitted
to interfere with the normal flow of surface water.
C.
Traffic control shall be maintained in accordance
with Pennsylvania Department of Transportation Publication 203.a,
and the permittee shall furnish and maintain upon the work such signs,
barricades, lights and flagmen as may be necessary to properly protect
the public and workers.
D.
If blasting is performed, such operations shall be
in charge of state-certified persons only, and shall be carried out
in strict accordance with federal, state, county or municipal laws
or regulations governing the same. Proper certificates of insurance
shall be provided to the Borough evidencing a minimum of five-million-dollar
coverage prior to the issuance of a permit.
E.
The permittee shall be responsible to notify the Borough
Fire and Police Departments and other public utility companies of
the proposed work, stating the nature and location of the work to
be done, and shall keep all said parties informed of the progress
of the work. When access to abutting properties is to be denied, the
permittee shall notify the affected parties at least five days in
advance of the denial of access.
A.
Cuts through bituminous wearing surfaces shall be
scored on a neat, straight line to the full trench width, using either
a pneumatic spade or a concrete saw. Cuts through portland cement
concrete shall be sawed to a sufficient depth to enable removal of
concrete with a clean, straight break.
B.
Pedestrian crosswalks shall be kept clean and free
of obstructions and, where necessary, temporary bridging or plank
walkways shall be provided. Excavated material shall be immediately
loaded into trucks and removed as excavation is in progress. Construction
materials shall not be stored in the public street except immediately
in advance of installation. Loose earth and stone shall be promptly
cleaned from the streets and sidewalks, and dust shall be regularly
swept up and removed. Sidewalks of trenches shall be kept as nearly
vertical as possible and shall be properly shored and braced.
C.
Through rock, utility lines and facilities shall be
cushioned by not less than six inches of clean No. 57 stone completely
around and beneath the work, so that a cushion completely surrounds
the work to afford protection in the event of future excavation in
close proximity thereto.
D.
Backfilling shall follow immediately after installation
of the facilities, and only clean, dry 2A modified stone shall be
used. Backfill shall be compacted by vibrating or mechanical tampers
only, and in layers of six inches to eight inches maximum to ensure
95% to 98% compaction. Excess materials shall be promptly removed
and the street handswept prior to paving repairs.
E.
All trenching, excavations, backfilling and protection
shall be in accordance with the applicable OSHA standards.
F.
All excavation and earthmoving equipment shall have
rubber tires or rubber pads on all tracks to avoid roadway surface
damage.
G.
All restorations shall be performed in accordance
with the Borough of Bridgeport right-of-way permanent restoration
detail attached to the application for opening surfaces of public
highways or walkways. Restoration shall be performed for any areas
within the right-of-way unless designated otherwise by the Borough.
A.
Temporary pavement repairs shall consist of not less
than eight inches of 2A modified stone laid on the properly compacted
and evenly graded trench, and shall be thoroughly compacted by rolling
or vibration. A one-and-one-half-inch-thick bituminous concrete wearing
surface or cold-mix bituminous patch shall be placed with proper compaction
on the modified stone trench and shall match the existing road surface.
In all cases, the permittee is responsible to maintain temporary pavement
repairs in good condition, free of chuckholes and soft spots, and
to clean the street surface of any stone or earth which may be carried
over the street.
B.
Final pavement restoration shall be made only when
weather conditions are suitable and shall be carried out as follows:
(1)
All temporary paving, modified stone and earth shall
be removed to a depth 10 1/2 inches below finished street paving
grade. Any soft or spongy spots shall be removed to firm bearing,
and replaced with modified stone and thoroughly compacted. Edges of
original paving shall be cut back on a straight line so that no less
than 12 inches of undisturbed subgrade is exposed, forming a shoulder
or ledge along either side of the trench. Edges of existing paving
shall be neatly cut to expose a sound vertical face, and the area
shall be fully excavated to the required eleven-and-one-half-inch
depth, regardless of the depth of existing street paving. The entire
width of trench and cutback should also be fine-graded and rolled
or vibrated to an even grade 11 inches below the adjacent street surface.
C.
Final pavement repair shall consist of the following:
(1)
An eight-inch-thick bituminous concrete base course
(BCBC) to a width of the trench excavation plus one foot on each side.
(2)
A two-inch ID2 binder, laid on the eight-inch BCBC course. If the final wearing course as specified in Subsection C(3) is placed within 24 hours of the BCBC placement, the two-inch ID2 binder may be omitted at the discretion of Borough.
(3)
A one-and-one-half-inch ID2 surface course laid on
the BCBC and ID2 restoration.
(4)
All joints shall be sealed with AC 20 or equal. Proper
tack coating is required.
(5)
Said work shall be done in accordance with PennDOT
Form 408 and in accordance with Exhibit A attached hereto and described
as road restoration detail prepared for the Borough of Bridgeport.[1] Interpretation as to any applicability or content of any
ordinance or statute lies with the Borough of Bridgeport.
[1]
Editor's Note: Exhibit A is on file in the
Borough offices.
Requirements for permanent repairs to surfaces
other than bituminous macadam will be determined by the Borough in
each specific case. In general, final restoration shall be equal to
or better than the original surface.
Whenever unusual conditions exist or arise during
construction, the Borough may change the permanent restoration requirements
from those given herein. In all cases, marks of construction beyond
the area of actual trench shall be satisfactorily restored. In cases
where a substantial portion of the original street paving is removed
or damaged, the Borough may require the permittee to resurface the
entire street area, in addition to constructing the final paving repairs
over the trench area. The Borough may also elect to accept payment
from the permittee to the Borough for final paving repairs, in a sum
so paid toward the cost of reconstruction of the entire street.
The permittee shall be responsible for correcting
any trench settlement or deterioration in the final paving work for
the first two years after the date of issuance of the final completion
certification.
The Borough shall require a deposit in accordance
with the schedule attached to the application for opening surface
of public highway or walkways, which deposit amount may be changed
from time to time by Borough Council resolution pertaining thereto.[1]
[1]
Editor's Note: The current fees resolution
of the Borough is on file in the office of the Borough Secretary.
The deposit may in the form of cash, certified
treasurer's check or cashier's check payable to the Borough of Bridgeport.
Upon completion and final inspection of the
work, the Borough shall make an accounting to the permittee of all
costs incurred by the Borough in connection with the permit, to which
the Borough may add any reasonable sum to cover anticipated costs
of future maintenance. The Borough shall thereupon refund to the permittee
any amount of deposit in excess of the amount computed as aforesaid,
or if the deposit if found to be insufficient, the permittee shall
immediately pay to the Borough any amount equal to the deficiency.
If the permittee fails or refuses to pay such deficiency upon demand,
the Borough may recover the same by action in any court of competent
jurisdiction. Until such deficiency is paid in full, additional permits
may be denied such permittee.
After final inspection and acceptance of the
work and after payment of any refund or collection of any insufficiency
due, the Borough shall issue a final completion certificate. The date
of such final completion certificate shall fix the two-year time period
during which the permittee is solely responsible for maintenance of
permanent pavement repairs and trenches.
The certificate of insurance required of the applicant under § 485-42 of this article shall indicate that he is insured against claims for damages for personal injury as well as against claims for property damages which may arise from or out of the performance of the work, whether such performance be by himself, his subcontractor or anyone directly or indirectly employed by him. Such insurance shall include protection against liability arising from completed operations. The amount of such insurance shall be prescribed by the Borough in accordance with the nature of the risks involved; provided, however, that the liability insurance for bodily injury in effect shall be in an amount not less than $500,000 for each person and $1,000,000 for each accident and, for property damage, an amount not less that $100,000. Failure of applicant to file such certificate shall be grounds for denying a permit. The insurance policy shall contain a provision providing the Borough with 30 days' notice of cancellation.
Any person violating any provision of this article
shall, upon conviction thereof, be sentenced to pay a fine of not
more than $1,000 and costs of prosecution and, in default of payment
of such fines and costs, to imprisonment for not more than 30 days,
provided each violation of any provision of this article and each
day the same is continued shall be deemed a separate offense.
