[Adopted 12-20-2005 by Ord. No. 971[1]]
[1]
Editor's Note: This ordinance repealed Ord.
No. 76-15, adopted 4-21-1976.
This article shall be known as the "Street Excavation
Ordinance of the Borough of Lewisburg."
A.
Excavations in paved streets owned and maintained
by the Borough degrade and shorten the life of the surface of the
streets, and this degradation increases the frequency and cost to
the public of necessary resurfacing, maintenance and repair. It is
appropriate that entities responsible for excavating into the Borough's
rights-of-way bear this burden rather than the taxpayers of the Borough.
In addition, establishment of variable fees will create an incentive
for coordination of efforts in excavating the streets to lay or rehabilitate
utilities in conjunction with the Borough's street improvement schedule.
B.
The purpose of this article is to regulate the placement
and maintenance of utilities within areas designated as public rights-of-way
within the Borough of Lewisburg. This article is adopted to maintain
the safe condition of the public right-of-way to protect public health,
safety and welfare.
The following words used in this article shall
have, unless the context clearly indicates otherwise, the meanings
given to them in this section:
The date on which the Borough records that the permitted
work appears to be completed under the permit and this article.
The area surrounding the immediate area of the permitted
work, which can reasonably be assumed to have been affected by the
permitted work.
A person, organization, government agency, utility, etc.,
seeking an excavation permit from the Borough as directed by this
article.
Material used to replace or the act of replacing material
removed during construction.
The layer or layers of specified or selected material of
designed thickness placed on a subbase or a subgrade to support a
surface course.
The Borough of Lewisburg, Union County, Pennsylvania.
The duly elected Borough Council of the Borough of Lewisburg,
Union County, Pennsylvania.
The duly appointed civil engineer for the Borough.
The duly appointed Borough Manager of the Borough.
The duly appointed representative of the Borough to administer
and uphold the requirements of this article.
A stoned, paved or hard surface of a street, road or alley
customarily used by vehicles in the regular course of travel.
The portion of the right-of-way beyond the pavement edge
within which, under Design Manual Part 5, no new obstruction may be
located.
Fee charged for an officially authorized street excavation
to defray a percentage of costs for resurfacing and reconstruction
of Borough streets resulting from the depreciation of streets associated
with street openings.
A Pennsylvania Department of Transportation (PennDOT) publication
containing the Department's highway design criteria.
A Pennsylvania Department of Transportation (PennDOT) publication
containing the Department's utility relocation and accommodation policies
relating to permits issued in conjunction with highway construction
projects.
An unforeseen occurrence or combination of circumstances,
which calls for immediate action or remedy.
Repair of damages to a utility facility, resulting from a
vehicle accident or collision with the facility, a failed component
or storm damage. The term does not include service connections or
disconnections unrelated to vehicle accident, a failed component or
storm damage. Emergency repairs shall be subject to Pennsylvania on-call
emergency repair requirements and conditions.
Machinery and equipment, together with the necessary supplies
for upkeep and maintenance, and tools and apparatus necessary for
the proper construction and completion of work.
A pavement structure, which maintains intimate contact with
and distributes loads to the subgrade and depends on aggregate interlock,
particle friction and cohesion for stability.
A mixture of cement, water and sand.
The area within the right-of-way that has been constructed
to enable travel, including roadbed, pavement, shoulders, slope, sidewalks,
drainage facilities and other appurtenances.
The Borough's authorized representative assigned to inspect
permitted operations.
The combination of subbase, base course and surface course
placed on subgrade to support the traffic load or distribute it to
the roadbed, or both. The term normally includes the traveled portion
of the highway and extends to the face of the curb in a curbed section.
The term does not include shoulders.
The Department of Transportation of the Commonwealth of Pennsylvania.
A highway occupancy permit issued by the Borough or the Borough's
designated representative.
Any person or persons, corporations, company, partnership,
firm, associations, entity, trust or any entity with legal responsibilities.
Whenever used in any clause prescribing or imposing a fine or imprisonment,
or both, "person" shall mean, as applied to associations, the partners
or members thereof and, as applied to corporations, the officers thereof.
Drawings that show the location, character and dimensions
of the proposed occupancy and related highway features, including
layouts, profiles, cross sections and other details.
Direct burial of a utility line by means of plow-type mechanism
that breaks the ground, places the utility line and closes the break
in the ground in a single operation.
A PennDOT publication containing the Department's highway
construction specifications, as supplemented.
A right-of-way owned and maintained by the Borough intended
for use as a means of vehicular and/or pedestrian circulation, which
provides a means of access to abutting tracts of land or lots. Any
and all Borough streets, roads, lanes, alleys and rights-of-ways.
Entity providing electricity, natural gas, telecommunications,
water or other service as defined and regulated by the Pennsylvania
Public Utility Commission. Additionally, a Municipal Authority providing
a similar service shall be considered a utility under this article.
A strip of land occupied, used or intended to be occupied
and used exclusively or in conjunction with other uses as street,
road, highway, alley, walkway, or for utility lines, pipes and structures,
stormwater drainage systems and structures or similar uses.
The graded portion of a highway within top and side slopes,
prepared as a foundation for the pavement and shoulder.
A PennDOT Publication No. 72 containing the Department's
design standards for highway construction.
A thin treatment consisting of bituminous or other approved
material, usually with cover aggregate, applied to a surface course.
A material meeting specifications in Section 703.3 of PennDOT's
Publication 408.
The existing improved area or graded portion of the highway,
contiguous to the traffic lanes, for accommodation of stopped vehicles,
for emergency use or for lateral support of base and surface courses
of pavement.
The portion of a street between two intersecting streets.
Any material or combination of materials that are constructed
or erected, the use of which requires location on the ground, or attached
to something located on or below the ground and shall include poles
and towers.
The layers of specified or selected material of designated
thickness placed on a subgrade to support a base course.
The top surface of a roadbed upon which the pavement structure
and shoulders, including curbs, are constructed.
An amendment to the highway occupancy permit issued by the
Borough.
An application of bituminous material to an existing surface
to provide bond with a superimposed course.
An exploratory opening less than 100 square inches.
Privately, publicly or cooperatively owned lines, facilities
and systems for producing, transmitting or distributing communications,
power, electricity, light, heat, gas, oil, crude products, coal, water,
steam, waste stormwater, and including fire and police signal systems
and streetlighting systems, which directly or indirectly serve the
public or any part thereof.
Any device that is or may be moved or drawn upon a highway,
street, alley or similar paved or unpaved area.
One or more layers of a pavement structure designed to accommodate
the traffic load, the top layer of which resists skidding, traffic
abrasion and the disintegrating effects of climate. The top layer
is sometimes called the "surface course."
A.
It shall be unlawful for any person to dig up, break,
excavate, tunnel, bore, undermine or in any manner break up any street
or to make or cause to be made any excavation in or under the surface
of any street or to place, deposit or leave upon any street any earth
or other material obstructing or tending to interfere with the free
use of the street unless such person shall first have obtained an
excavation permit from the Borough as herein provided.
B.
No excavation permit shall be issued unless an application
for same or forms provided for that purpose are submitted to the Borough
or the Borough's designated representative.
C.
The application shall include, but not be limited
to, the following information:
(1)
Name, address, telephone number, fax number and a
contact person of the applicant.
(2)
Name and location of the street and designation of
public or private streets.
(3)
Anticipated date of commencement of work and estimated
date of completion of work with typical work hours.
(4)
Name, address, telephone number, fax number and contact
person for contractor performing the work, if other than the applicant.
(5)
Description of utility.
(6)
Attached to the application shall be the following:
(a)
Drawings and plans, satisfactory to the Borough
and of a workable scale, setting forth the location of existing and
proposed utilities, and all components thereof, name of street, width
of right-of-way, cartways and shoulders, and locations of stormwater
drainage facilities, curbs and sidewalks. The drawings and plans shall
be provided with a properly executed financial security agreement.
(b)
A narrative of all work to be done, including
a description of all materials to be used.
(c)
Copies of all permits required by other regulatory
agencies.
D.
The application for a permit shall be reviewed by
the Borough or the Borough's designated representative and acted upon
within 30 calendar days of submission. The action by the Borough or
the Borough's designated representative shall be (1) approval and
issuance of the permit or (2) denial of permit. Written notice of
said action shall be mailed to applicant by First Class Mail within
the said 30 calendar days. In the event of a denial of the application,
the said notice shall set forth the reasons for the denial. Failure
to comply with the notice requirements herein shall be deemed to be
an approval of the application.
E.
The permittee may request in writing a supplement
to the permit to amend a permit condition, such as the traffic control
plan, or to extend the permit expiration date. A permit is valid for
a six-month period, as specified in the permit, subject to the following
conditions:
(1)
No work may be performed on an expired permit. If
the permittee has not completed the authorized work by the completion
date specified on the permit, an application shall be submitted requesting
a time extension on the permit.
(2)
If approved, a supplement to the permit authorizing
a new completion date will be issued by the Borough or the Borough's
designated representative.
(3)
No extension of the permit will be authorized unless
the permittee obtains an extension on the duration of the bond, insurance
or other security required under this article, which extension of
the bond, insurance or other security corresponds with the permit
time extension. The permittee shall provide evidence of the extension
to the Borough or the Borough's designated representative.
(4)
No time extension supplement will be issued for a
request received more than 30 days after the expiration of the permit.
In that case, an application for a new permit must be submitted to
the Borough or the Borough's designated representative and additional
fees may apply.
F.
When permitted work has been completed, the permittee
shall notify, in writing, the Borough or the Borough's designated
representative for a final closeout inspection.
If the permittee, excluding a public utility,
would be authorized to perform a substantial amount of work within
the right-of-way, the Borough may, at it sole discretion, require
the applicant to execute a financial security agreement in an amount
equal to 110% of the estimated restoration costs of the construction
or reconstruction. If financial security is required, it shall be
delivered to the Borough or the Borough's designated representative
in a form and amount acceptable to the Borough's Solicitor and shall
guarantee restoration and maintenance of the highway for a period
of at least two years after the acknowledged completion of the permitted
work. The following documents are acceptable forms of financial security:
A.
An individual or blanket bond executed by the permittee
and naming the Borough as obligee.
B.
An irrevocable letter of credit signed by a bank officer
and naming the Borough as sole beneficiary, to be honored on presentment.
C.
An assignment of cause of action when authorized by
the Borough.
D.
An escrow account in a form acceptable to the Borough.
A.
Contemporaneous with the submission of an application
for a permit, the applicant shall submit to the Borough or the Borough's
designated representative written evidence, satisfactory to the Borough,
of permanent public liability insurance in an amount of not less than
$1,000,000. The same shall remain in full force and effect until two
years after the date of the completion of the work for which the permit
has been issued. The insurance will be in such form and with such
company as shall be satisfactory to the Borough. The Borough shall
be named as a co-insured and the policy shall include a provision
to defend the Borough.
B.
In the event the applicant fails to provide written
evidence of said insurance as required herein or fails to maintain
the said insurance as required herein, applicant shall cease all work
and the Borough may exercise its rights under the Financial Security
Agreement to complete the work or take such action as is necessary
to make the area of work safe or pay for liability insurance. The
costs of any action taken by the Borough shall be paid from the financial
security required hereunder or the same shall be collectible by the
Borough in the manner provided by law for collection of municipal
clams. Applicant shall be responsible for all costs incurred but not
paid from the financial security.
Applicant shall indemnify, keep and hold the
Borough, its officers, agents and employees and the Borough's designated
representative, free and harmless from any and all liability on account
of injury or damage to person or property arising or growing out of
the applicant's work pursuant to the said permit. In the event a suit
is brought against the Borough either individually or jointly with
applicant or others on account thereof, applicant, upon notice from
the Borough, shall pay the Borough's and/or the Borough's designated
representative's costs in defending the said suit. In the event there
is a final judgment against the Borough and/or the Borough's designated
representative on the same, applicant shall pay said judgment, together
with all costs, and shall save the Borough harmless therefrom.
A.
A permit application fee shall be charged to defray
costs incurred by the Borough in reviewing and processing the application
and plans, including the preliminary review of the site location identified
in the application. The application fee includes costs incurred by
the Borough or the Borough's designated representative in spot inspections
of permitted work or subsequent inspections after the permitted work
has been completed and to monitor compliance with the permit and this
article. The permit application fee, whether or not a permit is issued
and processed, shall be paid with the submission of an application.
Additionally, the Borough will determine all additional fees that
may be required based on opening size and if a degradation fee is
applicable.
B.
If the Borough or the Borough's designated representative
anticipates that the cost of reviewing the required application information
or inspecting the permitted work will exceed the permit application
fees by a significant amount, the following additional fees shall
be assessed:
(1)
If the Borough or the Borough's designated representative
determines that the permitted work is of sufficient magnitude or importance
to warrant assignment of one or more persons to inspect the permitted
work on a more than spot inspection basis, the permit will so indicate,
and the permittee shall be charged the inspection fee hourly rate
incurred by the Borough or the Borough's designated representative
for inspection.
(2)
The charges will be calculated either on an actual
cost basis or a standard unit cost basis.
(3)
The Borough or the Borough's designated representative
will provide an itemized invoice for additional fees due the Borough.
C.
All fees, which shall be established from time to
time by a duly adopted resolution of Borough Council, shall be paid
in full prior to the start of work.
D.
Permit application fees are not required from the
following:
(1)
The Commonwealth of Pennsylvania or any of its political
subdivisions.
(2)
The federal government.
(3)
Utility facility owners for:
(a)
The installation or maintenance of highway lighting
at the request of the Borough.
(b)
The replacement or renewal of their facilities
prior to a Borough maintenance project after notice from the Borough.
(c)
Emergency repairs.
(d)
The removal of poles and attached appurtenances.
(e)
Facilities moved at the request of the Borough.
(f)
Facility relocations necessitated by Borough
street vacations or abandonments.
E.
Excavations in streets scheduled for pavement or other
structural improvements in the Borough's capital improvement construction
schedule within one year of the date of excavation shall be exempt
from the permit application fee. The Borough or the Borough's designated
representative shall endeavor to notify public utilities of streets
so scheduled.
A.
All work done pursuant to an excavation permit issued
under the provisions of this article shall be performed under the
direction and to the satisfaction of the Borough or the Borough's
designated representative.
B.
The permit is binding upon the permittee, its agents,
contractors, heirs, personal representative, successors and assigns,
and shall be in compliance with the following:
(1)
The permittee is responsible for causing compliance
with the terms and conditions of the permit by its employees, agents
and contractors. Responsibility for compliance with the terms of the
permit may not be assigned or transferred by the permittee without
first obtaining approval from the Borough or the Borough's designated
representative after submitting a written request to do so. If a permit
is assigned or transferred without first obtaining approval from the
Borough or the Borough's designated representative, the assignment
or transfer is void.
(2)
The permit shall be located at the work site and be
available for inspection by a Buffalo Valley Regional Police Department
police officer or representative of the Borough.
[Amended 4-17-2012 by Ord. No. 1014]
(3)
The permit shall be maintained by the permittee as
a permanent record and remain in effect, subject to the permit conditions
and this article, as long as the permittee's facilities authorized
by the permit occupy the right-of-way.
(4)
The permittee is liable to the Borough for failure
to comply with the permit and this article. The liability of the permittee
to the Borough does not preclude the permittee, the Borough, or a
property owner adjacent to permitted work from bringing an action
against the permittee's contractor, subcontractor, engineer, architect,
assignee, agent, workers, employees or other persons.
C.
The permittee shall be responsible to maintain traffic
control devices during duration of work. All maintenance and protection
of traffic control devices shall be in accordance with PennDOT Publication
203, as amended.
D.
All work shall occur between the hours of 7:00 a.m.
and 5:00 p.m., unless the permit specifically allows a variance from
this work or if the work was completed as an emergency repair.
E.
At the end of a workday, an opening in the right-of-way
shall be covered, backfilled or protected. If work is stopped on a
project the permittee shall promptly backfill the opening and restore
the surface, and work may not be resumed until the permittee is prepared
to proceed with the work to its completion. If the permittee fails
to backfill the opening or proceed until completion of the work, the
Borough reserves the right to do the work upon notice to the permittee,
where practicable, and shall be reimbursed for the costs by the permittee
within 30 days after receipt of the Borough's invoice.
F.
If the permittee, after making an opening in the surface
to place or repair a facility or for another purpose, fails to restore
a portion of the right-of-way to conform with this article, the Borough
reserves the right to do the work upon notice to the permittee, where
practicable, and the permittee shall reimburse the Borough for the
cost thereof within 30 days after receipt of the Borough's invoice
therefor and upon failure of the permittee to do so, the Borough shall
be paid from the financial security required hereunder or the same
shall be collectible by the Borough in the manner provided by law
for the collection of municipal claims.
G.
Any person or firm to whom a street excavation permit
has been issued shall notify all utility companies of the intent to
excavate in accordance with Pennsylvania Act 187 of 1996, as amended.
This notification shall be given not less than 72 hours in advance
of the commencement of the work and shall indicate the time, place
and purpose of the street excavation.
H.
Any person or firm to whom a street excavation permit
or work contract has been issued shall have the duty of determining
the location and depth of all existing underground utility installations.
If a utility line is broken or damaged in any way, the permittee or
contractor shall immediately notify the utility owner.
I.
Drainage alterations.
(1)
Altering drainage is prohibited unless specifically
authorized by the permit. The permittee shall not:
(a)
Alter the existing drainage pattern or the existing
flow of drainage water.
(b)
Direct additional drainage of surface water
toward, onto, or into or in any way affect the highway right-of-way
or highway facilities. Additionally, the permit does not authorize
the permittee to direct, divert or otherwise drain surface waters
over the property of another property owner.
(2)
The permit does not relieve the permittee from acquiring
the consent, permission or other authorization from a property owner
who may be adversely affected by drainage alterations.
J.
A highway shall be protected from equipment damage
in accordance with the following:
(1)
To protect the pavement and shoulders, equipment shall
have rubber wheels or runners and have rubber, wood or similar protective
pads between the outriggers and the surface unless otherwise authorized
by the permittee.
(2)
If other than rubber equipped machinery or equipment
is used, the pavement and shoulders shall be protected from equipment
damage by the use of matting or other suitable protective material,
unless the permittee requests a waiver thereof in writing. Such a
waiver from the use of protective material does not relieve the permittee
of its obligation and commitment to repair or reconstruct the pavement
and shoulder, if damaged, to its former condition.
(3)
If any equipment damages the pavement, shoulder, curb
and/or sidewalk, the permittee shall restore the damaged pavement,
shoulder, curb and/or sidewalk to its former condition in a manner
authorized by the Borough or the Borough's designated representative.
K.
If backfill or restoration work will be performed
for the permittee by a contractor, the permittee shall identify to
the Borough both its contractor and its inspector-in-charge who shall
be assigned to monitor backfill and restoration work performed within
the improved area. The permittee's inspector-in-charge, as well as
the permittee, is responsible for ensuring that the work is performed
in compliance with the permit.
A.
All excavation and trenches shall be backfilled to
the original ground surface or to grades specified. The backfill shall
begin as soon as practical after the pipe or other construction has
been placed and shall thereafter be carried on as rapidly as the protection
of the balance of the work will permit. Depositing of the backfill
shall be done in such a manner that the shock of falling material
will not injure the pipe or adjacent structures. All excavation backfill
shall be PennDOT certified No. 2A coarse aggregate. Under no circumstance
may the original backfill be utilized.
B.
Compaction of the backfill shall be done in lifts
of uniform layers not to exceed eight inches in depth. Each lift shall
be compacted over the full width of the excavated area. Backfill shall
be compacted to 97% of its maximum dry density as measured using the
standard proctor density test method.
C.
Special compaction shall be done around all valves,
hydrants and other structures and utilities by the use of pneumatic
tampers, plate tampers or plate vibrators, with lifts not to exceed
eight inches in depth.
D.
Service trenches must be compacted in the same manner
as the main trench. In areas where curb and sidewalk exists, sufficient
curbing shall be removed to allow the prescribed compaction over the
entire distributed area. The curb and sidewalk shall be replaced in
accordance with Borough requirements.
E.
At the end of excavation and backfill operations,
the permittee shall provide temporary flexible pavement restoration
in accordance with the following:
(1)
The temporary flexible pavement shall consist of a
minimum of three inches of bituminous concrete meeting the requirements
of Section 305 of Publication 408 or other base course material authorized
by the Borough or the Borough's designated representative.
(2)
The temporary flexible pavement shall remain in place
a minimum of 60 days prior to placement of the final pavement restoration.
F.
Final base and surface restoration of flexible base
pavements shall be in accordance with the following:
(1)
Prior to replacement of the pavement, one foot outside
of each edge of the opening shall be sawed the full depth of pavement
in a neat straight line. The detached material shall be removed without
damaging the adjacent pavement. The use of a pavement breaker is prohibited.
The permittee may partially saw cut the pavement to a depth of at
least three inches and cut the remaining pavement with a jackhammer
weighing no more than 90 pounds.
(2)
Exposed vertical and horizontal surfaces shall be
prepared under Section 401.3(g) of PennDOT Publication 408.
(3)
The base course shall consist of Superpave 25.0 MM
Base Course material, PG 64-22, 0.0 to 0.3 ESAL's meeting the requirements
of Section 309 of Publication 408 or other base course material authorized
by the Borough. The base course material shall have a minimum depth
of five inches or a depth equal to the existing base course, whichever
is greater.
(4)
The wearing course shall consist of Superpave 9.5
MM Wearing Course material, PG 64-22, 0.0 to 0.3 million ESAL's meeting
the requirements of Section 409 of Publication 408 The wearing course
shall have a minimum depth of 1 1/2 inches or a depth equal to the
existing wearing course, whichever is greater.
G.
Special requirements.
(1)
In all cases, the contractor shall blade and compact
the highway after the trench has been backfilled, so that it shall
be passable to traffic at all times. The contractor shall maintain
the roadway in a condition acceptable to the Borough or the Borough's
designated representative at all times until final approval of the
entire work by the Borough or the Borough's designated representative.
(2)
When an applicant or permittee cuts a trench larger
than three by 50 feet or makes five or more cuts in any section of
a street, or street section, the Borough or the Borough's designated
representative shall require the applicant or permittee to mill and
overlay the full width to the centerline of the street, with 1 1/2
inches of PennDOT ID-2 wearing course or Superpave Asphalt Mixture
Design pavement material equal to the existing material type used
on that particular street. The length to be overlaid will be determined
by measuring one foot on either side of the cut in the case of one
cut, and one foot behind the first cut to one foot behind the last
cut in the case of two or more cuts. When an area is overlaid as described
above, no charge will be made for future maintenance on the permit
for the fourth or more cuts prior to said overlay; however, for any
defects or deficiencies, as provided in this article, once a section
is overlaid as aforesaid, the number of cuts per section shall be
counted again and the requirements of this subsection shall apply
to all subsequent cuts into the street section and all permits issued
thereafter.
(3)
It shall be the responsibility of the person opening
the street to continue the maintenance of that repaired opening for
the life of the street or until the Borough resurfaces the street.
Any person, firm or corporation who shall violate
any provision of this article shall be guilty of a summary offense
and, upon conviction thereof in a summary proceeding before a District
Judge, be sentenced to pay a fine of not more than $600, plus costs
of prosecution, and/or be imprisoned for a period not to exceed 90
days. Each day that a violation of this article continues shall constitute
a separate offense.
