[Adopted 10-20-1976 by Ord. No. 741]
This Article shall be known and may be cited
as the "Street Excavation Ordinance of the Borough of Milton."
A.
When not inconsistent with the context, words used
in the present tense include the future; words in the plural number
include the singular number; and words in the singular number include
the plural number. The word "shall" is always mandatory and not merely
directory.
B.
APPLICANT
BOROUGH
EXCAVATION WORK
PERMITTEE
PERSON
STREET
For the purposes of this article, the following terms,
phrases, words and their derivations shall have the meanings given
herein:
Any person making application to the Borough for an excavation
permit hereunder.
The Borough of Milton.
The excavation and other work permitted under an excavation
permit and required to be performed under this article.
Any person who has been granted and has in full force and
effect an excavation permit issued hereunder.
Any individual, firm, partnership, association or organization
of any kind.
Any street, highway, sidewalk, alley, avenue or other public
way or grounds or public easements in the Borough of Milton.
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 unexcavated material obstructing or tending to interfere
with the free use of the street unless such person shall first have
obtained an excavation permit therefor from the Borough as herein
provided.
No excavation permit shall be issued unless
an application for the issuance of an excavation permit or forms provided
for that purpose are submitted to the Borough. The application shall
state the name and address of the applicant, the nature, location
and purpose of the excavation, the date of commencement and date of
completion of the excavation and other data as may reasonably be required
by the Borough. In the event that extensive excavation and construction
is planned, the application shall be accompanied by plans showing
the extent of the proposed excavation work, the dimensions and elevations
of both the existing ground prior to said excavation and of the proposed
elevated surfaces, the location of the excavation work and such other
information as may be prescribed by the Borough. It is permissible
for public utilities to telephone the Borough to submit permit information
to perform maintenance work on their facilities.
[Amended 11-17-1982 by Ord. No. 891; 1-12-1987 by Ord. No.
948; 2-11-2015 by Ord. No. 1193]
A.
Excavation fee. As of the date of the amendment of this section,
each applicant who files a request for the issuance of an excavation
permit shall pay to the Borough of Milton at the time of filing said
request the sum of $50 for a single cut (less than three feet by 20
feet or 60 square feet) plus the degradation fee. These fees are nonrefundable
and which shall be used by the Borough of Milton to pay the costs
of processing the application and inspecting said excavation, backfill
and restoration. No proceedings shall be initiated until the aforesaid
filing fees are paid by the applicant.
B.
Degradation fee. For excavations that involve any portion of the paved roadway in any public area of the Borough for any reason other than an emergency as defined in § 209-20, the following roadway excavation degradation fee shall apply per each excavation in addition to the excavation fee as finally restored:
(1)
Degradation fee in addition to the excavation fee:
(a)
Roadway pavement age - More than five years: $50.
(b)
Roadway pavement age - Less than five years: $100.
(c)
Roadway pavement age - Less than four years: $300.
(d)
Roadway pavement age - Less than three years: $500.
(e)
Roadway pavement age - Less than two years: $700.
(f)
Roadway pavement age - Less than one year: $900.
The Borough shall provide each permittee, at
the time the permit is issued, a suitable placard which shall state
the permittee's name, the permit number and the date of expiration.
It shall be unlawful for any person to exhibit such permit at or about
any excavation not covered by such permit or to misrepresent the permit
number or the date of expiration.
A.
Before an excavation permit is issued, the applicant
shall deposit with the Borough Clerk a surety bond in the amount of
$5,000 in favor of the Borough and as follows:
(1)
With good and sufficient surety by a surety company
authorized to do business in the Commonwealth of Pennsylvania.
(2)
Satisfactory to the Borough Attorney in form and substance.
(3)
Conditioned that the applicant will faithfully comply
with all the terms and conditions of this article, all rules, regulations
and requirements pursuant thereto and as required by the Borough and
all reasonable requirements of the Borough.
(4)
Conditioned that the applicant will secure and hold
the Borough and its officers harmless against any and all claims,
judgments or other costs arising from the excavation permit or for
which the Borough, the Borough Council or any Borough officer may
be made liable by reason of any accident or injury to persons or property
through the fault of the permittee.
B.
Recovery on such surety bond for any injury or accident
shall not exhaust the bond but it shall in its entirety cover any
or all future accidents or injuries during the excavation work for
which it is given.
C.
In the event of any suit or claim against the Borough
by reason of the negligence or default of the permittee, upon the
Borough given written notice to the permittee of such suit or claim,
any final judgment against the Borough requiring it to pay for such
damage shall be conclusive upon the permittee and his surety.
D.
An annual bond may be given under this provision which
shall remain in force for one year conditioned as above, in the amount
specified herein and in other respects as specified herein, but applicable
as to all excavation work in streets by the permittee during the term
of one year from said date.
The surety bond provisions of this article shall
not apply to a duly licensed and bonded plumber or to any public utility
permitted to operate within the Borough limits, by franchise or otherwise,
for the purpose of supplying water, gas, electric or telephone service
or for any excavation which is made under a contract awarded by the
Borough or made by the Borough.
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 its duly authorized
agent.
B.
Permittees shall comply with Regulations for Excavating
and Backfilling Street Openings as follows:
|
Regulations for
Excavation and Backfilling Street Openings
|
(1)
General.
(a)
Any person or firm contemplating an excavation
within the public rights-of-way must first obtain an excavation permit
from the Borough as provided by this article.
(b)
Any person or firm to whom a street excavation
permit or work contract has been issued shall notify all utility companies
of the intent to excavate. This notification shall be given not less
than 48 hours in advance of the commencement of the work and shall
indicate the time, place and purpose of the street excavation.
(c)
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.
(2)
Backfill.
(a)
All excavation in 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 so the shock of falling material will not injure
the pipe or adjacent structures. Grading over and around all parts
of the work shall be done as directed by the Borough representative.
(b)
Granular or other suitable material as determined by the Borough representative, free from rocks and boulders, shall be deposited in the trench simultaneously on both sides of the pipe for the full width of the trench to a height at least 12 inches above the top of the pipe, placed and hand tamped to fill completely all spaces under and adjacent to the pipe, [or as described in Subsection B(3)]. In the event that suitable natural granular material is not encountered during the normal excavation of the trench or when the material encountered is determined unsuitable by the Engineer for backfilling around the pipe as required above, the contractor shall furnish and place other approved material. This approved material should be furnished from surplus material obtainable from the excavation of adjacent trenches or from approved borrow areas. If suitable material is not available as stated above, the contractor should procure suitable 2RC material for backfilling around the pipe according to specific directions from the Borough Engineer.
(c)
Succeeding layers of backfill may contain coarse
materials, but shall be free from large pieces of rock, eight inches
maximum length in any direction; concrete, frozen material, roots,
stumps, tin cans, rubbish and/or other foreign material will not be
permitted in the backfill.
(d)
Wherever suitable material, as described above,
existing within the upper four feet of the finished grade of the paved
or traveled portions of the street or roadway, is removed by the trench
excavation, the contractor shall replace said material or material
of equal quality as backfill in the upper four feet of the finished
grade.
(3)
Compaction.
(a)
Compaction of the backfill shall be done in
lifts of uniform layers not to exceed the depth shown in the compaction
chart below, and each lift shall be compacted over the full width
of the excavated area. Backfill shall be compacted to at least 90%
of standard proctor density or to the same or greater density as the
adjacent undisturbed soil or as approved by the Borough Engineer.
(b)
Three feet of material compacted with a plate
vibrator, plate tamper or button-head pneumatic compactor shall be
placed over the pipe before a hydra-hammer, vibratory or sheepsfoot
roller is operated over the pipe.
(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 that shown in the compaction chart.
(d)
Service trenches must be compacted in the same
manner as the main trench. In areas where curb and gutter exists,
sufficient curbing shall be removed to allow the prescribed compaction
over the entire disturbed area.
(e)
Compaction chart. The compaction chart is as
follows:
|
Compactor Type
|
Maximum Loose Soil Life Height
(feet)
Sands
|
|---|---|
|
Hydra-hammer (1,000 pounds weight: first shoe;
6-foot drop height)
|
1.0 or as approved by Borough Manager
|
|
Vibratory roller
|
1.0
|
|
Sheepsfoot (150 pounds per square inch minimum)
|
Not allowed
|
|
Plate vibrator
|
1.0
|
|
Button-head pneumatic
|
0.5
|
|
Plate tamper
|
1.0
|
(4)
Special requirements.
(a)
When the trench excavation is within the right-of-way of a state
or county highway, the backfilling of the trench, compaction of materials,
subgrade preparation and resurfacing shall be done in strict accordance
with the requirements and specifications of the State or County Highway
Department. The applicant is responsible for obtaining all required
permits from the state or county and remitting the required fees.
[Amended 2-11-2015 by Ord. No. 1193]
(b)
All deficiencies in the quantity of material
for backfilling the trenches or for filling depressions caused by
settlement shall be supplied by the contractor.
(c)
In all cases, the contractor shall blade and
compact the roadway 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 Engineer at
all times until final approval of the entire work by the Borough.
(d)
The contractor shall remedy at his own expense any defects that appear for a period of two years following completion including excavation(s), backfill, and permanent restoration of the excavation(s), as set forth in § 209-19B(4)(e).
[Amended 2-11-2015 by Ord. No. 1193]
(e)
Permanent restoration of paved cuts shall consist of a four-inch
minimum thick base layer of 25 millimeters with a one-and-one-half-inch
minimum thick top layer of nine-and-one-half-millimeter wearing surface
flush with the existing street. All edges shall be vertically saw
cut and sealed. This process must be totally complete no later than
30 days after the street opening. The thirty-day time limit shall
include allowing the sub base layers to stabilize for a minimum of
15 days prior to installing the twenty-five-millimeter and the nine-and-one-half-millimeter
finishing layers. The exception would be for emergency cuts made between
October 31 through March 1, when the cut will be temporarily topped
with a two-inch minimum thick layer of cold patch flush with the existing
street in place of permanent restoration due to the cold weather and
PA DOT temperature regulations. Permanent restoration shall be made
as outlined above and prior to May 1 of the immediate following year.
[Amended 11-17-1982 by Ord. No. 891; 2-11-2015 by Ord. No. 1193]
(f)
In all cases, except emergency excavations, which are defined
as an excavation to repair a failed existing infrastructure that is
necessary to ensure the health, sanitation and/or safety of persons
or properties within the Borough of Milton as determined by the Borough
Manager, where an excavation is made, regardless of size, on a road
that has been paved within the last five years, or makes the fourth
or more cuts in any section of a street, a "street section" being
defined as the portion of a street between two intersecting streets
as previously defined in this article, the Borough shall require the
applicant or permittee to overlay the full width of the paved surface
of the street, with a minimum of 1.5 inches of nine-and-one-half millimeter
wearing surface. The length to be overlayed 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 one or more cuts. When an area is overlayed 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, the applicant
or permittee will still be responsible for any defects or deficiencies,
as provided in said 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.
[Amended 11-17-1982 by Ord. No. 891; 2-11-2015 by Ord. No. 1193; 11-21-2017 by Ord. No. 1215]
(g)
The permit issued hereunder will be kept at the site of the
cuts while the work is in progress.
[Amended 11-17-1982 by Ord. No. 891; 2-11-2015 by Ord. No. 1193]
(h)
No permit shall be issued for the opening and digging up of any street or public right-of-way in the Borough between December 1 of any year and March 1 following, except for an emergency as defined in § 209-20.
[Added 2-11-2015 by Ord.
No. 1193]
(i)
The applicant or permittee shall be responsible to correct any
trench settlement or deterioration in the final pavement work. Such
responsibility is without limitation during the first two years after
the date of the final completion. Thereafter, settlement for the trench
area shall remain the responsibility of the permittee to repair, unless
specific release given by the Borough.
[Added 2-11-2015 by Ord.
No. 1193]
In the event of any emergency in which a main,
conduit or utility facility in or under any street breaks, bursts
or otherwise is in such condition as to immediately endanger the property,
life, health or safety of any individual, the person owning or controlling
such main, conduit or utility facility, without first applying for
and obtaining an excavation permit hereunder, shall immediately take
proper emergency measures to cure or remedy the dangerous conditions
for the protection of property, life, health and safety of individuals.
However, such person owning or controlling such facility shall apply
for an excavation permit not later than the end of the next succeeding
day during which time the Borough office is open for business.
Work shall progress in an expeditious manner
until completion in order to avoid unnecessary inconvenience to the
general public. In the event that the work shall not be performed
in accordance with the applicable regulations of the Engineer or in
accordance with the provisions of this article, or shall cease or
be abandoned without due cause, the Borough may, after six hours'
notice, in writing, to the holder of said permit of intent to do so,
correct said work or fill the excavation and repair the street, and
in any such event the entire cost to the Borough of such work shall
be a liability of and shall be paid by the person to whom the permit
was issued and his surety.
A permittee, prior to the commencement of excavation
work hereunder, shall furnish the Borough satisfactory evidence, in
writing, that the permittee has in force and will maintain in force
during the performance of the excavation work and the period of the
excavation permit public liability insurance of not less than $100,000
for any one person and $300,000 for any one accident and property
damage insurance of not less than $100,000, duly issued by an insurance
company authorized to do business in the Commonwealth of Pennsylvania
and on which policy the Borough is named as a coinsured.
The permittee shall indemnify, keep and hold
the Borough free and harmless from liability on account of injury
or damage to persons or property arising or growing out of the permittee's
negligence in making any street excavation. In the event that suit
shall be brought against the Borough, either independently or jointly
with the permittee, on account thereof, the permittee, upon notice
to it by the Borough, shall defend the Borough in any suit at the
cost of the permittee, and in the event of a final judgment being
obtained against the Borough, either independently or jointly with
the permittee, the permittee shall pay such judgment with all costs
and hold the Borough harmless therefrom.
The provisions of this article requiring evidence
of public liability and property damage insurance shall not be applicable
to any excavation work carried on by the Borough or its employees
or utilities operating water, gas, electric or telephone facilities
within the Borough.
If any person shall fail, refuse or neglect
to comply with the provisions of this article or any rules or regulations
or any reasonable orders or directions of the Borough representative
in reference thereto, the Borough may refuse to issue further permits
to such person until such conditions or orders are complied with.
[Amended 10-28-1998 by Ord. No. 1103; 2-11-2015 by Ord. No. 1193]
Any person violating any of the provisions of this article shall
be punishable by a fine of not more than $600, plus costs of prosecution,
and, in default of payment of such fine and costs, by imprisonment
for not more than 30 days for each offense. Any costs for imprisonment
of the violator incurred by the Borough will be the responsibility
of the violator against the violator as part of any sentencing order.
Each day's continuance of any violation hereunder, after notice
thereof by the Borough of Milton, shall constitute a separate offense.
