[Adopted 5-30-2007 by Ord. No. 620[1]]
[1]
Editor's Note: This ordinance also repealed former Art. IV,
Excavations, adopted 5-13-1996 by Ord. No. 551, as amended.
As used in this article, the following terms shall have the
meanings indicated:
The area surrounding the immediate area of the permitted
work which can reasonably be assumed to have been affected by the
permitted work.
Material used to replace or the act of replacing material
removed during construction.
The layer or layers of specified or selected material or
designed thickness placed on a subbase or a subgrade to support a
surface course.
The Borough of Honesdale, Wayne County, Pennsylvania, a Pennsylvania
municipal corporation, acting by and through its Council.
Repair to a utility undertaken under Section 459 to repair
damage 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.
Machinery and equipment, together with the necessary supplies
for upkeep and maintenance, and tools and apparatus necessary for
the proper construction and completion of the 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.
The area within the right-of-way which has been constructed
for roadway purposes, including roadbed, pavement, shoulders, slope,
sidewalks, drainage facilities and other appurtenances.
The Borough's authorized representative assigned to inspect
permit operations.
The combination of subbase, base course and surface coarse
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 street and extends to the face of the club in curbed sections.
The term does not include shoulders.
A street or highway occupancy permit issued by the Borough
of Honesdale under these regulations.
A natural person, firm, copartnership, association, corporation,
authority or political subdivision.
Drawings which show the location, character and dimensions
of the proposed occupancy and related roadway features, including
layouts, profiles, cross sections and other details.
The area which has been acquired by the Borough for roadway
purposes.
A thin treatment consisting of bituminous or other approved
material, usually covered with aggregate, applied to the surface course.
The existing improved or graded portion of the roadway, contiguous
to the traffic lanes, for accommodation of stopped vehicles, for emergency
use or for lateral support to the surface coarse of pavements.
A roadway or bridge on the system of Borough roadways and
bridges, including the entire width between right-of-way lines, over
which the Borough has assumed or has been legislatively given jurisdiction.
The layers of specified or selected material of designed
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.
Soil, granular material or shale meeting the specifications
in the Pennsylvania Department of Transportation Specifications, Publication
408 (latest edition), in Section 206.2 when placed and compacted under
Section 459.8(g) of said publication.
An amendment to a permit issued, in writing, by the Borough.
One or more layers of 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 "'Wearing course."
A person owning a utility facility, including any wholly
owned or controlled subsidiary.
Privately, publicly or cooperatively owned lines, facilities
and systems for producing, transmitting or distributing communications,
power, electricity, light, heat, gas, refined petroleum products,
liquefied petroleum gas (LPG), crude products, coal, water, steam,
waste, stormwater and other similar commodities, including fire and
police signaling systems and streetlighting systems, which directly
or indirectly serve the public or any part thereof.
Every device which is or may be moved or drawn upon a street
or roadway.
Except as provided for in Subsections A through D below, no
work may be performed within the right-of-ways of the Borough of Honesdale
involving the placing of utility facilities or other structures or
opening of the surface without first obtaining a permit from the Borough
of Honesdale.
A.
Emergency repairs of utility facilities may be performed by the owner
of the utility without first obtaining a permit, provided that an
application for a permit, as provided for herein, shall be made no
later than three business days following the emergency opening.
B.
A permit is not required for modifying parts of existing permitted
facilities, such as cable within conduit, cross arms or transformer
poles, or manhole riser rings prior to resurfacing if no opening in
the surface is required.
C.
A permit is not required for stringing overhead utility lines.
D.
A permit is not required for accessing an existing utility facility
through a manhole.
E.
From November 15 through March 15, there shall be no street openings
or excavations whatsoever, except in emergency conditions, and then
only under the strict supervision of the Honesdale Borough Director
of Public Works.
[Added 4-22-2016 by Ord.
No. 671; amended 12-20-2018 by Ord. No. 692]
A.
Who may execute applications.
(1)
If a corporation, authority, political subdivision or other person
in the business of providing utility service owns, operates or intends
to operate the facility, the application shall be submitted in the
name of and executed by the party. An application may not be submitted
in the name of the contractor of the owner or operator, nor in the
name of persons only being served by the facility.
(2)
In the case of a facility owner who is not in the business of providing
utility service, such as a developer whose land is located outside
of a utility's service jurisdiction, the application may be made in
the name of the developer with the express written acknowledgment
of the owner of the utility. The applicant shall indemnify and hold
harmless the Borough from any claims by anyone claiming residual property
interests in the permitted area.
B.
Required application information. A permit application shall be submitted
to the office of the Borough of Honesdale at least 15 days prior to
the anticipated start of work, except as provided for under emergency
work. The application shall be submitted in person or by mail on a
properly completed application form provided by the Borough.
(1)
The application shall:
(a)
Be signed by the applicant.
(b)
Include at least three sets of plans, of a sufficient quality,
detailing the location and pertinent horizontal and vertical dimensions
of the opening, the proposed utility installation and related roadway
features, including center line, edges of pavements, outside edge
of shoulders, curbing, guide rail, drainage structures and right-of-way
lines. Freehand drawings of features or utility facilities are unacceptable.
(c)
Be accompanied by a check or money order, payable to the Borough of Honesdale, in the appropriate amount, as authorized in § 179-21 (relating to permit fees).
(d)
Be accompanied by a detailed traffic control plan for the permitted
work.
(2)
The Borough may also require satisfactory evidence of the applicants
ability to completely discharge construction, maintenance and financial
duties imposed by this article. The Borough may require security,
including but not limited to:
(a)
Execution of an indemnity agreement of a form satisfactory to
the Borough.
(b)
Insurance in a form and amount acceptable to the Borough.
(c)
Surety bonds in a form and amount acceptable to the Borough
for a period of at least two years after the acknowledged completion
of the permitted work.
(d)
Surety bonds in a form and amount acceptable to the Borough
to guarantee maintenance costs for the facility and the right-of-way
in which it is located for a period of at least two years after the
acknowledged completion of the permitted work.
(f)
The use of bonded contractors.
C.
Accuracy of application. The information provided in the application
shall be accurate. The applicant is responsible for the accuracy of
information submitted to the Borough, including the application, plans,
drawings, reports and correspondence.
D.
Authority to reject application. The Borough shall examine and determine
the genuineness, regularity and legality of every application and
may reject an application if not satisfied as to its genuineness,
regularity or legality or truth of a statement contained in the application.
The Borough may also make investigations and inquire additional information
as it deems necessary.
Upon approval of an application submitted hereunder, a permit
will be issued by the appropriate Borough official, subject to the
regulations hereunder and any conditions contained in the permit and
its attachments and supplements. The permit shall be the applicants
authority to proceed with the work specified in the permit. A copy
of the permit and relevant plans shall be available at the work site
for review.
The permittee may request a supplement to a permit to amend
a permit condition, such as revising the traffic control plan or extending
the permit expiration date. A permit is valid for a period of six
months, or multiples thereof as specified on the permit, subject to
the following:
A.
If the permittee has not completed the authorized work by the expiration
date of the permit, an application shall be submitted requesting a
time extension on the permit.
B.
If approved, a supplement to the permit authorizing a new completion
date will be issued by the Borough.
C.
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 as a condition of the permit. Said extension shall
correspond with the permit time extension.
D.
No work may be performed on an expired permit until a time extension
supplement or new permit is obtained.
The permittee shall notify the Borough at least one business
day in advance of the backfilling of and excavation permitted hereunder.
A.
The Honesdale Borough Council shall establish a schedule of fees
and collection procedures for permits required herein. Said schedule
of fees shall be adopted or amended by resolution and will be posted
in the office of the Borough of Honesdale.
B.
It shall be the responsibility of the applicant to pay for all additional
or unusual costs, including inspection costs, incurred by the Borough
for the review and processing of applications filed for approval hereunder.
Emergency repairs involving the placing of facilities or opening
of the surface within the right-of-way may be performed prior to obtaining
a permit if the following procedures are adhered to:
A.
The utility facility owner or operator shall promptly notify the
Borough's Director of Public Works by telephone when the necessity
for emergency repairs occurs during the hours of 8:00 a.m. to 4:00
p.m., Monday through Friday. Emergency work occurring at other times
shall be reported to the Borough on the following workday. A one call
is not considered notification to the Borough Streets Department.
B.
A permit shall be applied for within three business days to confirm
and set forth, in detail, any work performed.
C.
Any emergency work performed shall comply with the technical standards
contained herein.
D.
Borough reserves the right to inspect all construction activities
within Borough streets and ROW at the expense of the permittee.
A.
Work performed shall conform to the Borough's standards, including
but not limited to the following:
(1)
Borough reserves the right to inspect all construction activities
within Borough streets and ROW at the expense of the permittee.
(2)
The work shall be done at a time and in a manner consistent with
the safety of the traveling public and conform to the requirements
of the Borough.
(3)
If it is found by the Borough that the work is not being done or
has not been properly performed, the permittee shall promptly take
the necessary steps, at his/her own expense, to place the work in
the condition to conform to the requirements or standards.
(4)
If a dispute arises, the Borough Inspector has the authority to suspend
work until the question at issue may be referred to and decided by
the Borough.
B.
In the event of failure or neglect by the permittee to comply with
the permit or this article, the Borough may immediately revoke and
annul the permit and order and direct the permittee to remove structures,
equipment or property belonging to the permittee or his/her contractor
from the legal limits of the Borough right-of-way and to restore the
right-of-way to its former condition.
C.
At the end of a workday, any opening in the right-of-way shall be
covered, backfilled or otherwise adequately protected so as not to
cause a threat to the public and/or create an attractive nuisance.
If work is stopped on a project for reasons other than at the end
of a normal workday or for a period of time longer than two days,
the permittee shall promptly backfill the opening and restore the
surface, and work may not resume 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 practical, and shall be reimbursed for the costs by the permittee
within 30 days after receipt of the Borough's invoice.
D.
If the permittee, after making an opening in the surface to place
or repair a facility or for another purpose, fails to restore the
surface as required herein within 30 days, the Borough reserves the
right to do the work upon notice to the permittee, where practical,
and shall be reimbursed for the costs by the permittee within 30 days
after receipt of the Borough's invoice.
E.
Unless specifically authorized by the permit, the permittee shall
not:
(1)
Alter the existing drainage patterns or the existing flow of drainage
water.
(2)
Direct additional drainage or surface water toward, onto or into
or in any way affect drainage facilities of the Borough. The permit
does not authorize the permittee to direct, divert or otherwise drain
surface waters over the property of another property owner.
F.
The permittee is responsible for damage caused to property as a result
of the work done under the permit.
G.
The streets of the Borough shall be protected 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 permit.
(2)
If other than rubber-equipped machinery 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,
in writing, a waiver from the use of protective materiel, thereby
acknowledging his/her obligation to repair or reconstruct the pavement
or shoulder, if damaged, to its former condition.
H.
Maintenance and protection of traffic shall be carried out by the
permittee.
I.
Prohibition of road closure.
[Added 1-10-2011 by Ord. No. 642]
(1)
No
Borough street or road shall be entirely closed to traffic. At least
one travel lane shall remain open during any road activity contemplated
under this article.
(2)
Notwithstanding the road-closure prohibition of § 179-23I(1), if work on any Borough street or road shall require a street closure due to the nature of the work or due to any width limitations of the street, a Borough street or road may be closed entirely upon written authorization from the Honesdale Borough Public Works Director, who shall have the further discretion to establish limitations and/or parameters relative to the street closing.
J.
Progressive remediation and restoration.
[Added 2-1-2021 by Ord.
No. 703]
(1)
Notwithstanding anything herein to the contrary, any road or street
opening under this article shall require the following pavement and/or
road surface restoration and/or remediation:
(a)
Regardless of the scope or breadth of any project triggering
the provisions of this article, all streets and/or roads subject to
a street opening shall be restored to the same original height, width
and dimension of that street or road within 20 days of any original
road/street opening.
(c)
Despite some street/road opening projects encompassing multiple roads and/or streets, no street/road opening shall occur beyond the street/road opening of the first street/road without restoration/remediation of the first street/road opening as dictated in Subsection J(1)(a).
(d)
In the event that a lengthy section of a street or road is earmarked for street opening, no less than temporary restoration/remediation required in Subsection J(1)(a) shall be instituted for any section of a street or road for every three-block section.
(f)
Nothing contained herein shall be construed to modify, alter,
or amend any other provisions and/or time constraints of this article
and/or this section.
(g)
The intent of this amendment is to prevent and prohibit lengthy
and unattended street and/or road openings within the Borough without
assuring safety and convenience to the traveling public.
(2)
Repeal provisions. Any ordinance or part(s) thereof inconsistent
herewith is hereby repealed.
(3)
Saving provisions. Should any section, subsection, clause, provision,
or other portion of this article be declared invalid by any court
of competent jurisdiction, such decision shall not affect the validity
of the remainder of this article, the Borough Council of Honesdale
Borough having adopted this article as if such invalid portions had
not been included therein.
(4)
When effective. This article shall become effective five days after
the adoption thereof.
Indemnification of the Borough for property and personal injury
will be governed by the following: The permittee shall fully indemnify
and save harmless and, if requested, defend the Borough, its officers
agents and employees of and from liability for damages or injury to
persons or property in a claim or suit seeking to impose liability
on the Borough, its officers, agents and employees, arising out of
an act or omission of a contractor, agent, servant, employee or person
engaged or employed in, about or upon the work, by, at the insistence
of or with the approval or consent of the permittee or his/her agent
to comply with the permit or this article.
The responsibility of the permittee for restoration of, or damage
to, the roadway includes the following:
A.
If there is a failure of the roadway, including a slope or other
appurtenance thereto, in the area of the permitted work within five
years after the acknowledged completion of the permitted work and
there is no similar failure of the roadway beyond the area of the
permitted work, the permittee has absolute responsibility to make
temporary and permanent restoration or repairs of the area unless
the permittee delivers clear and convincing evidence to the Borough
demonstrating that the failure was caused by another person or for
reasons unrelated to the permitted work performed.
[Amended 1-10-2011 by Ord. No. 642]
B.
In situations where the permittee has the responsibility to restore the roadway, including slope or other appurtenances thereto, under Subsection A above, the permittee has the duty to restore the area in accordance with the permit or to the state that existed prior to the permitted work. If the permittee fails to restore the area properly, the Borough reserves the right to do the work and shall be reimbursed for the costs, by the permittee, within 30 days after receipt of the Borough's invoice.
C.
The obtaining of a bond, other security or an agreement to secure restoration costs does not relieve the permittee of the restoration obligations imposed by Subsections A and B above. The obtaining of a bond, other security or an agreement to secure restoration costs will not act as a release of the permittee from the liability under principles of tort law with respect to a failure of the roadway, in the permitted area, occurring after the expiration of the bond, other security or agreement.
Acknowledgment by an Inspector of the Borough that all or part
of the permitted work has been completed does not constitute approval
or acceptance of the work or agreement that the work was performed
in accordance with the permit. Acknowledgment of completion by the
Inspector will not act as a release of the permittee or a waiver by
the Borough of its rights to seek performance or restitution from
the permittee.
A.
Pavement removal.
(1)
All excavations of streets by the open cut method shall include removal
of the pavement to a minimum width of at least one foot beyond the
limits of the trench and one foot beyond the limits of any damaged
pavement.
[Amended 3-10-2008 by Ord. No. 630]
(2)
The pavement shall be saw cut prior to excavation unless other wise
indicated on approved plans. Cuts in driveways or street approaches
may require an overlay of the entire approach as determined by the
Borough Streets Department.
(3)
All saw cuts shall be made in a straight line and shall be parallel
to existing transverse and longitudinal joints unless otherwise approved.
(4)
If contractor operations remove or damage more than 20% or more of
the street surface or the surface is less than five years or less
old, or it is determined that any open cut will result in substantial
surface deterioration, the entire street shall be overlayed or reconstructed
as required by the Borough Streets Department.
B.
Trenching across a street or roadway. Trenching across an improved
area may be performed only when specifically authorized by the permit
and in accordance with the following:
(1)
The top of every utility facility shall be installed at least three
feet beneath the surface unless specifically authorized by the permit
to be installed at a lesser depth due to unavoidable or unalterable
conditions. If said conditions exist and the utility is permitted
at a lesser depth, the utility will be placed at the maximum depth
reasonably managed.
(2)
Where trenching is authorized by the permit, the trenching operation
shall be performed by one of the following methods:
(a)
Utility facility placed in one piece across the roadway.
[1]
Traffic shall be routed over 1/2 of the pavement width.
[2]
The closed half of the pavement shall be opened to the required
depth and bridged with steel plates.
[3]
Traffic shall be shifted to the bridged half of the pavement.
[4]
The unbridged 1/2 of the pavement shall be opened to the required
depth.
[5]
The facility shall be placed full width.
[7]
The traffic shall be shifted to the restored half of the pavement.
(b)
Utility facility placed in more than one piece across the roadway.
[1]
Traffic shall be routed over 1 /2 of the pavement width.
[2]
The dosed half of the pavement shall be opened to the required
depth, the facility placed and the trench backfilled and restored
in accordance with this section.
[3]
Traffic shall be shifted to the restored half of the pavement.
[4]
The remaining 1/2 of the pavement shall be opened to the required
depth, the facility placed and the trench backfilled and restored
in accordance with this section.
(3)
The permittee shall protect the openings to provide for the safety
of the traveling public, including motorists, bicyclists and pedestrians.
C.
Trenching parallel to a roadway. Trenching parallel to a highway
shall conform to the following requirements:
(1)
A utility facility shall be placed outside the pavement and shoulder
unless there is no feasible space outside the pavement and shoulder
for plating the facility.
(2)
The top of every utility facility shall be installed at least three
feet beneath the surface, unless specifically authorized by the permit
to be installed at a lesser depth due to unavoidable or unalterable
conditions. If said conditions exist and the utility is permitted
at a lesser depth, the utility will be placed at the maximum depth
reasonably managed.
(3)
No opening may be made for more than 200 linear feet at one time,
unless authorized by the permit.
(4)
The permittee shall protect the openings to provide for the safety
of the traveling public, including motorists, bicyclists and pedestrians.
(5)
Daily stoppages of work. Daily stoppages of work requirements include
the following:
(a)
At the end of each workday, an opening in the right-of-way shall
be protected by one of the following:
[1]
Covered with steel plates or bridging over openings which are
less than six feet in either width or length. 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.
[2]
Backfilled under this section to the original surface elevation.
(b)
The permittee shall protect the openings to provide for the
safety of the traveling public, including motorists, bicyclists and
pedestrians.
D.
Multiple open cuts.
(1)
Multiple open cut excavations such as might occur during installation of sanitary sewers, water main, natural gas main, etc., in an existing street justifies permanent repair of the disturbed area followed by an asphalt cap over the entire width and length of the affected street and shall be performed as defined in Subsection F(2), final pavement replacement.
[Amended 3-10-2008 by Ord. No. 630]
(2)
The top of every utility facility shall be installed at least three
feet beneath the surface, unless specifically authorized by the permit
to be installed at a lesser depth due to unavoidable or unalterable
conditions. If said conditions exist and the utility is permitted
at a lesser depth, the utility will be placed at the maximum depth
reasonably managed.
(3)
No opening may be made for more than 200 linear feet at one time,
unless authorized by the permit.
(4)
The permittee shall protect the openings to provide for the safety
of the traveling public, including motorists, bicyclists and pedestrians.
(5)
Daily stoppages of work. Daily stoppages of work requirements include
the following:
(a)
At the end of each workday, an opening in the right-of-way shall
be protected by one of the following:
[1]
Covered with steel plates or bridging over openings which are
less than six feet in either width or length. 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.
[2]
Backfilled under this section to the original surface elevation.
(b)
The permittee-shall protect the openings to provide for the
safety of the traveling public, including motorists, bicyclists and
pedestrians.
E.
Backfilling. An opening shall be backfilled by the permittee in accordance
with the following:
(1)
The opening may first be balled with fine aggregate material meeting
the requirements of Section 703.1 of Pennsylvania Department of Transportation
Specifications, Form 408, or granular material to protect the facility,
placed to a height not to exceed one foot over the top of the facility.
The material shall be compacted in not more than four-inch loose layers
or as authorized under Pennsylvania Department of Transportation Specifications,
Form 408.
(2)
The opening shall then be backfilled with select granular material,
unless retained suitable material is authorized or other coarse aggregate
material meeting the requirements of Section 703.2 of Pennsylvania
Department of Transportation Specifications, Form 408, is specified
in the permit. Retained suitable material shall normally be authorized
for backfill outside of the pavement and shoulder. Backfill material
shall be placed in a loose layer not to exceed eight inches, and vibratory
compaction equipment shall be used. Each layer shall be thoroughly
compacted to preclude subsidence under Section 601.3 of Pennsylvania
Department of Transportation Specifications, Form 408. Compaction
shall be completed to the bottom elevation of the existing pavement.
(3)
Backfill material shall be free of broken concrete, asphalt, woody
material, sod, debris, clumps, frozen materials, or clods.
(4)
The permit holder shall supply sufficient density tests conducted
by an approved independent testing laboratory to assure the Borough
Streets Department that compaction requirements are being accomplished.
The permit holder shall notify the Borough Streets Department of the
name, address, and phone number of the testing laboratory 72 hours
prior to backfilling operations.
(5)
Field compaction tests shall be used that give immediate results.
F.
Restoring flexible pavements.
(1)
Temporary replacement (patching).
(a)
All pavement removed in a crossing and/or paralleling paved
street, or as a result of damage caused by the permit holder, shall
be temporarily replaced by the permit holded in accordance with the
following.
(b)
Base and surface restoration of flexible pavements shall be
performed under this section and as required in the permit. Prior
to replacement of the base course, one foot outside the edge of the
opening shall be sawed, in a neat straight line, to the top elevation
of the existing aggregate subbase or stone base course and detached
material shall be removed.
(c)
Exposed vertical surfaces shall be prepared as required under
Section 401.3(f) of Pennsylvania Department of Transportation Specifications,
Form 408. The base coarse material shall consist of bituminous concrete
meeting the requirements of Section 305 of Pennsylvania Department
of Transportation Specifications, Form 408, and shall have a minimum
depth of five inches or a depth equal to the existing base course,
whichever is greater.
[1]
From May 1 through November 14, a minimum of five inches compacted
thickness of hot mixed base coarse material shell consist of bituminous
asphalt meeting the requirements of Section 305 of Pennsylvania Department
of Transportation Specifications, Form 408.
[2]
From November 15 through April 30 when hot mixed bituminous
asphalt is not available, a minimum of three inches compacted cold
patch asphalt over 12 inches compacted #2A (Note: The dates shown
here are approximate only. If hot mixed bituminous material is reasonably
available between November 15 and April 30, it shall be used if suitable
weather allows.) Cold patch temporary repair shall be replaced with
hot mixed bituminous repair prior to final paving restoration.
[3]
Temporary pavements must be placed immediately after utility
installation in the crossing and/or paralleling of streets. Failure
to do so shall be just cause of either the temporary or permanent
suspension of the permit holder's permit. Temporary pavements may
be placed in accordance with the requirements of Subsection F(1)[3][1] as permanent as pavements, subject to the acceptance by
the Borough Streets Department.
[1]
Editor's Note: So in original.
[4]
All temporary pavements must be maintained and kept in good
condition by the permit holder until the final pavement replacement
is made. Costs for emergency repairs by the Borough Streets Department
will be billed to the permit holder.
(2)
Final pavement replacement.
(a)
All excavations by the open cut method shall include removal
of the pavement-wearing course to a minimum width of at least six
feet and at least two feet beyond the limits of the trench or excavation.
[Amended 3-10-2008 by Ord. No. 630]
(b)
If more than 20% of the width of a lane of an asphalt-surfaced
street (or section thereof) is removed or damaged by the permit holder's
operations, a full cap of the street width (or section thereof) will
be required. The full cap shall consist of a bituminous overlay. The
wearing course shall consist of ID-2 material meeting the requirements
of Section 421 of Pennsylvania Department of Transportation Specifications,
Form 408, and shall have a depth of two inches or a depth equal to
the existing wearing course, whichever is greater. Other types of
pavements and shoulder surfaces shall be replaced in kind or as specified
in the permit. Restored openings shall be sealed in accordance with
Pennsylvania Department of Transportation Specifications, Form 408.
Milling/saw-cut at tie-in to existing pavement shall be made on a
6:1 angle the entire width of the area to be paved.
(c)
The final area of pavement to be replaced and/or capped shall
be determined by the Borough Streets Department. The final paving
shall be done by an approved paving contractor in accordance with
the current Borough specifications for paving. The name of the proposed
paving contractor shall be submitted in writing to the Borough and
approved in writing by the Borough. The Borough reserves the right
to inspect all work and materials to be used at the permit holder's
cost. All pavements and right-of-way damage by the permit holder's
operations shall be restored to the satisfaction of Borough at the
permit holder's expense.
A.
General rule. Violation of the provisions of this article or the
permit requirements constitutes grounds for the imposition of the
following penalties:
(1)
Upon receipt of oral or written notice of violations from an authorized
representative of the Borough or a police officer having jurisdiction
in the work area, the permittee shall cease to perform any further
work in the area except to restore the area to a safe condition. No
further work may commence in the area until the violations have been
remedied. When the permittee has received oral notice of a violation,
written notice shall be sent to the permittee within 10 days of receipt
of the oral notice.
(2)
Confiscation of the permit by any authorized representative of the
Borough or a police officer having jurisdiction in the work area.
(3)
Revocation of the applicant's permit.
(4)
Removal of facilities installed without a permit is in violation
of this article.
[Amended 1-10-2011 by Ord. No. 642]
(5)
Fines, imprisonment or other penalties as are provided for by law.
Any person, firm, partnership or corporation who or which shall violate
any provision of this article shall, upon conviction thereof before
a District Justice, be sentenced to pay a fine of not more than $600,
plus costs of prosecution, and upon failure to pay the fine may be
committed to jail for a period not to exceed 30 days, provided that
each violation of any one of the provisions of this article shall
constitute a separate offense.
(6)
Other action as may be necessary or proper.
B.
Other grounds for revocation. Additional grounds for revocation of
a permit are as follows:
(1)
The Borough may revoke a permit whenever it determines that the permitted
facility is not being properly maintained, is in violation of a condition
of the permit or this article, constitutes a hazard to traffic or
interferes with the proper use of the roadway by the Borough or the
public.
(2)
The Borough may revoke a permit for nonpayment of a fee as authorized
herein, including default of a check submitted for payment.
A.
General rule. When a term or condition of this article cannot be
met, an applicant may request, in writing, that the Borough modify
the term or condition as it pertains to the specific application under
the following:
(1)
The applicant has done all that can be reasonably expected to be
done to comply with the term or condition.
(2)
The proposed modification satisfies the intent of the term or condition
to be modified.
(3)
The reason for the requested modification is infeasibility of meeting
the exact terms or conditions of this article rather than mere economic
benefit to the applicant.
B.
Modification granted. If requested modification is granted, the permit
will specify the required modification. A permit issued under authority
of this section shall be signed by the Chairman of the Streets Committee.
