A permit must first be obtained before any opening
can be made in any paved thoroughfare, cartway, sidewalk or tree lawn
in the municipality.
Applications for a pave cut permit shall be
available from the Municipality of Kingston at the Municipal Building,
500 Wyoming Avenue. An authorized agent of a utility or contractor
may complete said application at the Municipal Building. This shall
be done a minimum of 24 hours in advance of a planned excavation.
A copy of the completed application, signed by the Engineer or his
agent, shall be in the hands of a competent person at the worksite
described in said application and shall constitute a permit.
Notification by telephone to the Department
of Engineering must be made a minimum of 15 minutes in advance of
excavation, but not more than 24 hours in advance of excavation. An
entry in the pave cut log (the record of notification of the municipality),
together with a completed application for pave cut permit, shall constitute
a permit. The completion of an application form alone shall not constitute
a permit. An application form, properly completed and including a
location sketch, shall be collected from the utility on a monthly
basis by the municipality. Permit fees shall be billed on a monthly
basis by the Municipality of Kingston and shall be payable to the
Treasurer of the Municipality. Application forms shall be provided
by the Municipality of Kingston.
A.
In the case where an emergency repair, as herein before
defined, is found, the utility shall first notify the Municipal Engineer
and inform him that an emergency exists.
B.
When the emergency occurs after normal municipal working
hours, on weekends and holidays, these same persons must be notified.
A list of persons to be contacted shall be available through the Municipal
Engineer's office.
C.
Emergency pave cuts shall be recorded in the pave
cut log at the start of the next business day following the emergency.
Pave cuts necessitated by municipality-sponsored
public improvements will be on a non-fee basis but limited to a specific
contract area. Work done outside a project area will be handled as
a normal permit and will require a permit fee. A list noting exact
locations and dimensions of all such cuts shall be submitted to the
Municipal Engineer at the completion of work. Notification will be
required for any pave cuts made in state highways located within the
municipality for which a highway occupancy permit has been issued.
All work done without a permit shall be subject
to a penalty plus regular fees. (See Fee Schedule.)[1]
[1]
Editor's Note: The Fee Schedule is included
as an attachment to this chapter.
A.
The applicant shall protect, defend, indemnify and
save harmless the municipality, its officers and/or agents thereof,
from all claims, suits, actions and proceedings of every nature and
description which may be brought against the municipality, its officers,
or agents thereof, for or on account of any injuries or damages to
persons or public or private property, because of any materials or
appliances used in the work, or by or on account of improper materials
or workmanship, or for or on account of any accident or any other
act, negligence or omissions of said applicant, or his agents, servants
or employees, and the municipality shall not, in any way, be liable
therefor during the period of the work progress and for the period
following the completion of the work until the street is resurfaced
or reconstructed by the municipality.
B.
Minimum insurance shall be:
(1)
Five hundred thousand dollars liability per individual
with a limit of $1,000,000 for each occurrence for bodily injury.
[Amended 11-6-1995 by Ord. No. 1995-27]
(2)
Five hundred thousand dollars liability for property
damage.
[Amended 11-6-1995 by Ord. No. 1995-27]
(3)
Evidence of insurance in the form of a certificate
or letter executed by a duly authorized representative of the applicant's
insurance carrier shall be submitted to the Engineer each January
15. Said evidence of insurance must include the provision that the
municipality shall be given proper advance notice of at least 30 days
of cancellation or any material alteration in the applicant's policy.
During the progress of work, the applicant shall
provide and maintain such barricades, warning signs and flagpersons
as may be deemed necessary by the municipality to prevent accidents
to the public and/or adjoining tenants. Minimum precautions must include,
but should not be limited to, advance warning signs on all approaches
to the work, safe crossing for pedestrians each 300 feet, barricades
with flashers on each exposed side at fifty-foot intervals. All precautions
shall be in accordance with the Manual of Uniform Traffic Control
Devices, as adopted by the United States Department of Transportation,
Federal Highway Administration, 1971 Edition, Part IV, Traffic Controls
for Street and Highway Construction and Maintenance Operations.
No street in the Municipality of Kingston may
be completely closed to traffic at any time. One lane of traffic must
be able to pass unobstructed at all times. Flagpersons must be posted
at the limits of work at all times to direct traffic through the work
area, and all established traffic patterns must be maintained at all
times. If all other means of traffic control have been exhausted,
the municipality may permit a road to be completely closed temporarily
only with the consent of the Chief of Police and the Fire Chief. When
an emergency exists, the Police and Fire Departments shall be notified.
An application form for a permit to close a street will be available
from the Municipal Engineer. The completed application, bearing the
signatures of the before-mentioned officers, shall be returned to
the applicant and shall constitute a permit. A penalty shall be imposed
for failure to notify the Police Chief and Fire Chief. (See Fee Schedule.)[1]
[1]
Editor's Note: The Fee Schedule is included
as an attachment to this chapter.
For small area pave cuts, the utility or contractor
shall be required to complete the temporary restoration within 48
consecutive hours of the initial cut during the normal working week,
excluding holidays and weekends. Extension time may be allowed upon
appeal to the Municipal Engineer, provided that the contractor substantiates
sufficient reasons for the extension required. Work on long cuts (those
over 25 feet in length) shall proceed in a continuous manner in accordance
with safety precautions. Permits for long cuts or capital improvements
will not be granted during the months of November through March, except
by written permission from the Municipal Engineer. The utility or
contractor shall coordinate planned cuts in the municipal streets
with the paving program of the municipality. A construction schedule
comprising planned cuts shall be submitted to the Municipal Engineer
as they become available. The municipality will provide a paving program
for a one-year period to the utilities prior to February 15. Changes
in the utilities schedule of planned cuts shall require confirmation
from the Municipal Engineer. Changes in the municipal paving program
shall be submitted to all utilities at the earliest possible date
to permit the utilities to adjust their respective schedules.
A.
All excavations shall be commenced and completed by
the use of a reasonable work force. In congested areas and the central
business district, the municipality may limit work to other than normal
daytime working hours. At the cessation of work, adequate steel plates
shall be placed over the excavation while it is not being worked to
ensure full traffic flow. The maximum length of any opening in the
roadway shall be 200 feet, unless otherwise permitted, in writing,
by the Municipal Engineer.
B.
In accordance with the Pennsylvania One Call System,
those individuals or entities making pave cuts shall be required to
mark said cuts with the following colors:
[Added 7-6-1999 by Ord. No. 1999-5]
(1)
Red: electric power lines, cables, conduit and lighting
cables.
(2)
Yellow: gas, oil, steam, petroleum or gaseous materials.
(3)
Orange: communications, alarm or signal lines, cables
or conduit.
(4)
Blue: water, irrigation and slurry lines.
(5)
Green: sewers and drain lines.
(6)
Pink: temporary survey markings.
(7)
White: proposed excavation.
In peak traffic areas, all excavated material
shall be removed daily at the cessation of work. All gutters and drainage
devices shall be kept clean of all debris and excavated material.
Hydrants adjacent to the work shall be, at all times, readily accessible
to fire apparatus, and no material or obstructions shall be placed
within 15 feet of any hydrant.
The suitability of material to be used as backfill
shall be determined by the Municipal Engineer or his agent. All materials
not conforming to the requirements of this Part 1, whether in place
or not, shall be rejected. Such materials shall be removed promptly
from the worksite.
Material which is unsuitable and any surplus
of excavated material shall be considered waste and shall be disposed
of by the utility or contractor beyond the project limits. In no case
shall waste material be left at the worksite.
[Amended 7-6-1999 by Ord. No. 1999-5]
Type 2A modified stone subbase material shall
be used to backfill all excavations.
[Amended 7-6-1999 by Ord. No. 1999-5]
The Municipal Engineer must be notified in advance
of all backfilling. In backfilling, four-inch layers shall be placed
in the deepest portion of the backfill, and, as placement progresses,
each four-inch layer shall be horizontally constructed. Compaction
operations shall be continued using mechanical tampers until each
layer of fill is compacted to a dry density at least equal to 95%
of the maximum dry density attained by the Modified Proctor Test,
ASTM D1557, latest revision, Method C or Method D, as designated by
the Municipal Engineer. Specifications for sidewalk restoration are
covered under a separate municipal ordinance.
Power-driven concrete saws or air hammers shall
be used on all cuts in portland-cement-based pavements. The cuts must
be of sufficient depth to provide a smooth edge. Opening in brick
or Belgian-block-based streets shall be of sufficient width to expose
1/2 row of undisturbed interlocking stone. No pavement busters, such
as drop hammers, hoe rams and the like, shall be used without the
written permission of the Municipal Engineer.
The removed riding surface of brick, Belgian
block or cobblestone, tiles or other special surface shall be preserved
at the worksite by the contractor for restoration after the opening
has been backfilled.
In the event a cut is made and, upon inspection,
damage to another utility's underground facilities is discovered,
it shall be the responsibility of the party making the cut to contact
the Municipal Engineer and all concerned pertinent utilities to instruct
them (it) to have representatives inspect the condition before any
backfilling is begun.
All contractors shall ensure compliance with
the provisions of Act 287 of 1974.
All restoration made with cold patch shall be
considered temporary. The permittee is responsible for all costs and
expenses of making and maintaining temporary and permanent restorations
of disturbed areas. Temporary restoration consists of a minimum of
three inches of bituminous material and is maintained in place until
permanent restoration can be made.
Only utilities or their contractors will be
permitted to make permanent restorations of openings in pavements.
The restored pavements shall be guaranteed from failure from the date
of completion until such time as the street is resurfaced by the municipality.
Permanent restoration must be completed within 30 days of the initial
cut. Any cuts made in the months of November through March shall be
permanently restored within 30 days after hot asphalt becomes available.
Any failure of restoration will be reported to the pertinent utility,
and repairs by the utility will begin within 24 hours after notification.
Upon failure of the utility to repair the cut in a satisfactory manner,
the municipality shall have the option to do the work or to contract
to complete the work and bill the utility for the cost plus 20%. In
addition, penalties for noncompliance shall be levied against the
utility or contractor.
[Amended 7-6-1999 by Ord. No. 1999-5]
A.
Prior to the placement of the base course, the existing
base and surface must be cut back to a minimum of 12 inches on each
side of any pave cut or such greater amount as deemed necessary by
the Municipal Engineer. The concrete base course shall be replaced
with high early strength concrete when temperatures are below 40°
F., for temperatures above 40° F., 3,000 pounds per square inch
concrete shall be used for the full depth of the adjacent base or
a minimum of eight inches to the bottom elevation of the existing
asphalt wear course. After placement, the concrete shall be cured
in accordance with Section 704.1, PennDot Form 408. Following the
concrete curing a tack coat of bituminous material Type E-1 will be
applied. Restoration of flexible base pavements shall consist of BCBC
for the full depth of the adjacent permanent base. The wearing course
shall be placed at a minimum depth of two inches and rolled to conform
with the existing road, and the edges sealed. Surface treatments,
such as sand or chip seals, are prohibited. On long cuts surface finishing
must be rolled with not less than a six-ton roller. Small cuts may
be finished with a mechanical tamper or vibrator. All openings, regardless
of size, must be permanently restored.
B.
Any pave cut which exceeds 100 feet in length shall
require complete restoration of one lane of the roadway for the entire
length of the pavement cut. Restoration shall include replacing pavement
markings, milling and returning of the road to its original pitch
and crown.
The permanent restoration of special type pavements,
such as concrete, brick, Belgian block, cobblestone gutters or tiles,
shall consist of relaying the original wearing course in accordance
with the original installation specifications in such a manner as
to prevent settlement or other deterioration.
A.
The Municipal Engineer may inspect all cuts having
an area of five square yards or more, and an inspection fee shall
be charged. Such inspection fees shall constitute acceptance and approval
of work performed by the utility or its contractor, but it is understood
that such acceptance and approval does not relieve the utility of
any responsibility under this Part 1 throughout the guarantee period.
B.
Inspection of small cuts having an area of five square
yards or less shall not require visual observation when the work is
in progress, but may be approved or rejected through subsequent examinations
and/or testing.
Upon notification from the office of the Engineer
of a planned street resurfacing or reconstruction, all utilities will
be required to test their lines and services and to schedule necessary
capital improvements and service connections prior to resurfacing
or reconstruction. Essential services for new building construction
will be exempt.
No linestone or monument in the Municipality
of Kingston may be removed, altered or buried at any time. When pave
cuts or road construction require the temporary removal of a linestone
or monument, it must be preserved at the site and reset at the direction
of the Engineer. All costs incident thereto, including surveys, shall
be charged to the utility or contractor. A penalty shall be imposed
for failure to report the removal or alteration of a linestone or
monument. Burial or paving over a linestone or monument shall carry
a penalty for each stone or monument covered. In addition, all cost
incidental to exposing and/or resetting a limestone or monument shall
be charged to the utility or contractor, and a 20% penalty shall be
added to their costs.
All test holes and borings shall require restoration.
Restoration of bore holes shall follow immediately after testing,
with the application of asphalt or other water-resistant plugs. A
penalty will be charged for each test hole found unplugged. (See Fee
Schedule.)[1]
[1]
Editor's Note: The Fee Schedule is included
as an attachment to this chapter.
The utility and/or its contractor must replace,
in kind, all pavement markings damaged or removed by pave cuts and
work incident thereto. All markings must be replaced within five days
after permanent restoration. Should the contractor fail to replace
the same, the municipality shall contract to have the necessary repairs
made and bill the utility for the cost of the work plus 20% penalty.
Electronic traffic control devices and ancillary
equipment damaged or removed because of pavement excavations or work
incident thereto must be replaced by the utility or its contractor,
in kind, in whole or in part as required by the Engineer or his agent.
The municipality shall contract to have the necessary repairs made
and bill the utility.
