Borough of Hellertown, PA
Northampton County
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Table of Contents
Table of Contents
[Adopted 11-3-2003 by Ord. No. 656]
On and after the passage of this article, it shall be unlawful for any person, partnership or corporation to dig up, excavate, or tunnel any street, lane or alley of this Borough for the purpose of tapping and/or extending any gas, water mains, sewers, data lines, electric power lines, underground utilities or for any other purpose without first getting a permit from the Borough for each excavation for the above-named purposes.
A. 
Before issuing such permit, the Borough shall demand and receive of the party making application for the same a permit fee of $5 for the use of the Borough for each separate excavation to be made, and shall issue a permit containing, in writing, a statement of the place where the said digging or excavation is to be done, and for what purpose. The Borough, before issuing a permit for the extension or repair of any water, gas main, sewer or other conduit, or excavation for any purpose, shall demand and receive of the party making application for the same a fee as follows:
(1) 
On unimproved streets of earth, cinder or like material:
(a) 
For extensions: the sum of $10 for the first 100 feet or fraction thereof, and the sum of $5 for each additional 100 feet or fraction thereof.
(b) 
For all other excavations and/or tunneling: the sum of $1 for the first square yard or fraction thereof, and the sum of $0.10 per square yard for any additional excavating over and above the first square yard of roadway excavated or tunneled.
(2) 
On tarvia or asphaltic surfaced streets. For all excavations and/or tunneling: the sum of $10 for the first square yard or fraction thereof, and the sum of $6 for each additional square yard or fraction thereof of roadway excavated or tunneled.
(3) 
On paved streets, either of brick, concrete, andesite or other asphaltic covering on a concrete subbase. For all excavations and/or tunneling: the sum of $20 for the first square yard or fraction thereof, and the sum of $15 for each additional square yard or fraction thereof of roadway excavated or tunneled.
B. 
The width of the trench excavated, and the shoring or sheathing necessary, shall in every case conform to that of the accepted engineering practice and shall be subject to the approval of the Borough Engineer.
All parties opening or digging any of the streets of the Borough, for any purpose whatever, shall refill the same in the manner following: If the street is unimproved or consists of the natural ground or ordinary material, the excavation or trench shall be filled with the material excavated and thoroughly compacted by adequate tamping; whenever the excavation is in a macadamized or stone-surfaced street, the ground or ordinary material excavated shall first be replaced in the excavation and all macadam or broken stone shall be used to fill the top part of the trench or excavation; if the street is paved with arnesite, concrete or similar material, the excavation shall be filled solidly to the street level, but no pieces or parts of the concrete which shall have been dug up shall be used to fill said excavation at any point between the lower level of said concrete and the surface of the street, and the material removed therefrom shall be deposited at such place as may be designated by the Public Works Director. All natural ground removed in the digging of trenches shall be compacted when replaced by adequate tamping.
Any person or persons, firm or corporation violating any of the provisions of this article shall, upon conviction thereof by any Magisterial District Judge of the Borough, be sentenced to pay a fine of not more than $50 for each offense together with costs of prosecution and, in default of payment of such fine and costs, to imprisonment in the County Jail for not more than 30 days.
The Borough shall give timely notice to all persons owning property abutting on any street within the Borough about to be paved or improved, and to all public utility companies operating in the Borough, and all such persons and utility companies shall make all water, gas, sewer connections, telephone lines, data lines and electric power lines or for any other purpose as well as any repairs thereto which would necessitate excavation of the said street within 30 days from the giving of such notice, unless such time is extended in writing for cause shown by the Borough. New paving shall not be opened for a period of five years after the completion thereof, except in case of emergency, the existence of which emergency and the necessity for the opening of such paving to be determined by the Borough. If it is sought to excavate upon or open a street within five years after the completion of the paving thereof for any other reason than an emergency as above stated, the applicant shall make written application to the Borough, and a permit for such opening shall be issued by the Borough.
A. 
Permit/degradation fee. Prior to the issuance of a permit allowing excavation to be done to a street within five years after the last paving, a degradation fee shall be added to the permit fee. The applicant shall pay to the Borough a degradation fee in addition to the permit fee required in § 385-9 in accordance with the following schedule:
(1) 
For excavations that involve any portion of the paved roadway, including, but not limited to, tarvia or asphaltic surfaced streets, paved streets, either of brick, concrete, arnesite or other asphaltic covering on a concrete subbase, or other such rock material other than earth or cinders, the following roadway excavation permit fee shall apply and be added to the permit fee for each excavation as finally restored:
(a) 
Roadway pavement age more than five years: $0.
(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.
B. 
Additional restoration. Additional restoration shall be required as follows:
[Added 2-21-2017 by Ord. No. 812[1]]
(1) 
Disturbed portions of the highway, including, but not limited to, slopes and appurtenances and structures such as guide rails, curbs, signs, markings, drain pipes, driveways and vegetation, shall be restored by the permittee to a condition at least equal to that which existed before the start of work authorized by the permit, if the restoration is consistent with the "Roadway Construction Standards." Additional restoration may also be required, upon written notification, to restore the structural integrity of the pavement or shoulder.
(2) 
If the permittee opens pavement having a bituminous concrete surface and the Department's wearing course is less than five years old, the permittee shall, in addition to the restoration conditions outlined in the permit and in this section, overlay the pavement in accordance with the following conditions:
(a) 
When a longitudinal opening longer than 100 linear feet has been made in the pavement, the permittee shall overlay the traffic lanes in which the opening was made, for the entire length of highway that was opened, in a manner authorized by the Department.
(b) 
When two or more transverse openings have been made within 100 linear feet of pavement, the permittee shall overlay traffic lanes in which the openings were made, for the entire length of highway between the openings, in a manner authorized by the Department.
(c) 
When four or more emergency openings have been made by the same permittee within 100 linear feet of pavement, the permittee shall overlay traffic lanes in which the openings were made, for the entire length of highway between the openings, in a manner authorized by the Department.
(d) 
If disturbed lanes adjacent to undisturbed lanes are overlayed, the edge of the disturbed lane shall be saw cut or milled to a depth of 1 1/2 inches or the depth of the existing surface course, whichever is less, for the length of the opening to ensure a smooth joint, with proper elevation and cross section. A full width overlay may be authorized on various highways instead of saw cutting or milling the disturbed lane.
(e) 
If disturbed lanes adjacent to shoulders are overlayed, the shoulder shall be raised, with material and in a manner authorized by the Department for the type of existing shoulder, so that the overlaid pavement and shoulder edges are at the same elevation.
(3) 
Regardless of the age of the wearing course:
(a) 
If more than 100 linear feet of longitudinal or transverse openings, or both, are made in the pavement, the Department may require the permittee to overlay traffic lanes in which the openings were made, for the entire length of highway that was opened, if the district office determines that the rideability or structural integrity of the pavement has been impaired by the openings.
(b) 
If four or more openings are made by the same permittee within 100 linear feet of pavement, the district office may require the permittee to restore the entire disturbed pavement between the openings by milling, planing or other authorized method and overlaying the entire disturbed pavement.
(4) 
Aggregate used in a bituminous overlay wearing course shall comply with skid resistance level (SRL) criteria specified in Design Manual, Part 2, Chapter 11.
(5) 
If an opening is made in a bituminous concrete pavement within three feet from the edge of pavement or other longitudinal joint or opening, the surface restoration shall be extended to the edge of pavement or other longitudinal joint or opening.
(6) 
At each end of an overlay, the permittee shall install a paving notch, under Roadway Construction Standard RC-28, by milling, planing or other authorized method and provide a minimum ten-foot transition.
(7) 
The transition areas at each end of an overlay shall follow the contour of the surrounding surface.
(8) 
When pavement markings on more than 100 linear feet of highway are covered or destroyed by the permitted work, including overlays, they shall be replaced with temporary pavement markings, under § 203.72[2] relating to temporary pavement markings) before opening the disturbed pavement to traffic. When the pavement surface is restored, pavement markings that were covered or destroyed shall be replaced in their former location.
[2]
Editor's Note: Refers to 67 Pa. Code § 203.72, which was reserved 2-3-2006, effective 2-4-2006.
[1]
Editor's Note: This ordinance also redesignated former Subsection B as Subsection C.
C. 
Validation period. Any permit issued by the Borough for excavation of a street or alley shall be valid for a period of 90 days from the date of issuance, and no work shall be done after the permit has expired. All work shall be done in accordance with the specifications of the Borough Engineer.