[Adopted 3-26-2002 by Ord. No. 576 (Ch. 21, Part 6, of the 1992 Code)]
No person, firm, corporation or other entity shall break the pavement or surface of any public street of the Borough of Manheim, Lancaster County, Pennsylvania, between the right-of-way lines thereof, until a permit to do so is obtained from the Borough of Manheim.
Permit application to break the pavement or surface of any public streets of the Borough of Manheim shall be made on the form provided by the Borough of Manheim, shall include all information requested, and shall be signed by the permittee.
A. 
Permit applications shall also be accompanied by the permit fee according to the currently adopted Schedule of Fees for permit issuance and inspection for each requested street break and a payment to defray the cost of street restoration by the Borough of Manheim in accordance with the following schedule, unless otherwise specified:
Bituminous on Stone Base
Fee
Not to exceed 5 square yards
$135 per square yard
Each additional square yard
$100 per square yard
B. 
The aforementioned Schedule of Fees may from time to time be amended by resolution of the Borough Council of the Borough of Manheim.
In computing the square yards of the pavement or surface to be charged, 12 inches shall be added to all sides of the proposed street cut. All fees and charges shall be paid by the permittee or a legally binding letter of agreement, acceptable by the Borough of Manheim, with appropriate security as determined by the Borough Solicitor, before the issuance of the requested permit.
A. 
Permits for pavement or surface cuts on streets paved within five years preceding the date of application for the cut shall be issued at the following additional costs: 100% additional for the first year after the paving; 80% additional for the second year; 60% additional for the third year; 40% additional for the fourth year; and 20% additional for the fifth year. These additional costs are percentages of the street restoration costs listed in § 190-41.
B. 
Where, in the opinion of the Engineer of the Borough of Manheim and at his sole discretion, site conditions are such that additional effort is required to protect the integrity of the street(s) of the Borough of Manheim, the permittee may be required to perform additional work and pay additional costs. This option could include permanent restoration of the street surface by the permittee along with payment of all above stipulated fees and charges or the reconstruction and/or resurfacing of an area of street exceeding the area directly affected by the street break or cut at the permittee's expense. Where additional work is required, a legally binding letter of agreement acceptable to the Borough of Manheim, with appropriate security as determined by the Borough Solicitor, shall be provided by the applicant before issuance of the permit.
C. 
Upon inspection, if it is determined that the permittee actually removed, disturbed or damaged, either in the initial or subsequent restoration, an area of yardage greater than that set forth in the permit, the permittee shall forthwith pay a proportionate additional amount, to be fixed by the Engineer of the Borough of Manheim, within 10 days after demand therefor shall be made in writing.
A. 
No permit shall be issued to any person, firm, corporation or any other entities indebted to the Borough of Manheim because of any previous application or permit.
B. 
All permits are issued subject to all ordinances of the Borough of Manheim and all state and federal statutes, rules and regulations and to the following conditions:
(1) 
Bore holes. Bore holes will be considered street cuts, and a restoration charge of $5 will be levied for each bore hole made. A permit will be required for each bore hole grouping. The permittee shall plug or seal bore holes, in a manner and with materials approved by the Engineer of the Borough of Manheim, to the street surface within 30 days of boring. If the permittee does not plug or seal these holes within the time, the Borough of Manheim reserves the right to take any steps deemed necessary to repair the street, and the associated costs shall then be paid by the permittee.
(2) 
Emergency cuts. Emergency street cuts and excavations required to access leaking utility mains or other installations that pose a potential hazard, or bore holes required to search out threatening conditions, may be made in advance of a permit at the discretion of the party or parties conducting the investigation and repairs. If the investigation indicates an emergency condition exists, the Borough of Manheim Police Department shall be notified immediately at telephone number 911; otherwise, an authorized representative of the responsible party(ies) shall notify the Engineer of the Borough of Manheim, at telephone number (610) 777-1311, the next business day, and a proper permit application, accompanied by appropriate fees or a legally binding letter of agreement, shall be submitted to the Borough of Manheim within seven days of commencing the work.
(3) 
Ahead-of-paving permit. Permits for street cuts performed in advance of Borough of Manheim scheduled street improvements at the same location, where the required work is completed in accordance with a schedule approved by the Engineer of the Borough of Manheim, will be issued at no charge. A detailed construction plan must accompany each application for an ahead-of-paving permit. Excavation, backfilling and temporary street cut restoration will be performed by the permittee at its cost, as directed by the Engineer of the Borough of Manheim. By January 1 of each year, or no later than six months prior to commencement of construction, the Engineer of the Borough of Manheim shall provide all utilities operating in the Borough of Manheim with a list of all road projects proposed by the Borough of Manheim during the succeeding calendar year.
(4) 
Subsurface plans. Upon completion of work, the permittee shall furnish to the Engineer of the Borough of Manheim completely dimensioned plans showing, accurately and distinctly and in such detail as required, the size, shape and kind of structure installed or altered and its location with reference to the street surface and the nearest curbline and curb intersection.
(5) 
Time limit. In case the work has not been completed on or before the date as shown on the permit, the Engineer of the Borough of Manheim may, if he deems it advisable, take steps to backfill the trench and replace a permanent pavement over the opening for which the permit has been issued. If an extension of time beyond said date is necessary for the completion of the work, a written application therefor must be filed with and approved by the Borough.
(6) 
Excavation notice. Act of Assembly No. 1986-172[1] requires those who intend to excavate, demolish or blast to file certain notices (one-call, etc.) before commencing work. Permittees for permits to break the pavement or surface of any public street of the Borough of Manheim shall comply with all the requirements of this Act. Permits issued in the Borough of Manheim shall be deemed null and void unless the requirements of the Act have been met.
[1]
Editor's Note: See PA Act 287, as amended by Act 187 of 1996, 73 P.S. § 176 et seq.
(7) 
Cutting of trenches. Trenches in paved areas shall be cut to a neat edge using an asphalt/concrete saw or jackhammer.
(8) 
Barricade cover, lighting and traffic control.
(a) 
All street openings shall be completely barricaded and protected by the permittee. Excavations left open or incompletely repaired after dark shall be marked by PennDOT approved flashing lights. Where work is interrupted, the permittee shall secure and cover the excavation with an appropriate metal plate.
(b) 
All required traffic control shall be provided by the permittee in accordance with PennDOT Publication 203 (Work Zone Traffic Control).
(c) 
Nothing contained in this article or other legislation of the Borough of Manheim shall release the person, firm, corporation or other entity opening the street from any liability associated with claims for injury or damage resulting therefrom.
(9) 
Backfilling. All openings made in the improved area shall be backfilled by the permittee in accordance with the following minimum standards:
(a) 
The opening shall first be backfilled with material suitable for insulation to a height not to exceed one foot over the top of the facility, compacted in not more than four-inch layers.
(b) 
The opening shall then be backfilled with either No. 2 RC aggregate or other material specified in the permit and compacted throughout its full width in layers not to exceed four inches if a tamper or wacker is used or in layers not to exceed eight inches if approved vibratory compaction equipment is used.
(c) 
Where the existing pavement structure includes a course of subbase material, it shall be replaced to a depth equal to the existing course depth with material meeting the requirements of Section 350, PennDOT Form 408.
(10) 
Paving restoration. Immediately following backfilling and compaction, the permittee shall apply ID-2 bituminous binder course (or cold patch, if hot mix is not available) to a minimum depth of two inches and compacted to the level of the abutting surface. The surface materials shall be tamped with a gravity roller or vibrating compactor subject to the approval of the Engineer of the Borough of Manheim. The permittee shall maintain the restoration by reexcavating and/or applying additional surface material in order to provide a smooth riding surface for a period of one year after temporary restoration or until the Borough of Manheim provides a permanent surface repair. Repairs shall be made by the permittee within 24 hours' notice by the Borough of Manheim, or by performing a street cut whether or not he/she is notified by the Borough of Manheim to perform additional work.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(11) 
Shoulder restoration.
(a) 
Paved and stabilized shoulders. Paved and stabilized shoulders shall be reconstructed and restored to a serviceable condition of the same type as existed before the start of work.
(b) 
Other shoulders. Other shoulders shall be restored according to the following:
[1] 
Suitable material shall be used for backfill of openings in shoulders.
[2] 
If the length of the facility exceeds 50 feet, the shoulder shall be graded, rolled and penetrated with RT-2C or MC-30 bituminous material at a minimum rate of 0.25 gallon per square yard and chipped or lightly sanded to prevent tracking of oil onto the pavement. All shoulder restoration shall be the responsibility of the permittee.
(12) 
Restoration at appurtenances.
(a) 
The top of every manhole, valve box or other access to the facility shall be of the same elevation as the surface in which it is located.
(b) 
The surface surrounding manholes or valve covers located in shoulders shall be paved in such a manner as to prevent washouts.
(c) 
All manholes, including those cast-in-place, shall be constructed in compliance with current industry standards and PennDOT Form 408, Section 713.2(c).
(13) 
Additional restoration.
(a) 
All disturbed portions of the street, including all appurtenances and structures such as guide rails or drainpipes, shall be restored to a condition equal to that which existed before the start of any work authorized by the permit.
(b) 
If the permittee opens any street pavement having a bituminous concrete surface, whether to install a new facility or to modify an existing facility, the permittee shall, in addition to the restoration conditions outlined in the permit and in this article, overlay the street pavement in accordance with the following conditions:
[1] 
When a longitudinal opening longer than 10 feet and wider than three feet is made in the street pavement, the permittee shall overlay the traffic lanes in which the opening was made for the entire length of street that was opened, as directed by the Engineer of the Borough of Manheim.
[2] 
When two or more transverse trench openings are made in the street pavement less than 200 feet apart, the permittee shall overlay all traffic lanes in which the openings were made for the entire length of street between such openings, as directed by the Engineer of the Borough of Manheim.
[3] 
When five or more emergency openings have been made by the same permittee in the street pavement less than 200 feet apart within five years of the last resurfacing by the Borough of Manheim, the permittee shall overlay all traffic lanes in which the openings were made, in accordance with the PennDOT Maintenance Manual, for the entire length of street between such openings.
[4] 
Where disturbed lanes adjacent to shoulders are overlaid, the shoulder shall be raised so that the overlaid pavement and shoulder edges are at the same elevation.
(c) 
Regardless of the age of the wearing course:
[1] 
When both longitudinal and transverse trench openings are made in the street pavement, the Engineer of the Borough of Manheim may require the permittee to overlay all traffic lanes in which such openings were made for the entire length of street that was opened, if the Engineer of the Borough of Manheim determines that the present serviceability index of the street, as discussed in Chapter 3 of the PennDOT Maintenance Manual, has been impaired by the opening; or
[2] 
When five or more openings are made by the same permittee in the street highway pavement less than 100 feet apart, the Engineer of the Borough of Manheim may require the permittee to overlay the entire disturbed area.
(14) 
Notice to Borough. The Codes Compliance Officer at the Manheim Borough office, at telephone number 717-665-2461, shall be notified when the opening in the pavement is to be made and shall be further notified when a cut is to be backfilled and completed.
(15) 
Work for Borough of Manheim. No permit will be required of contractors doing work of this nature for the Borough of Manheim. Contractors doing work of this nature for the Borough of Manheim shall be required to obtain a permit therefor; however, said permits shall be issued free of charge.
(16) 
Work to conform to Borough of Manheim standards. The work shall be done at such time and in such manner as shall be consistent with the safety of the public and shall conform to all requirements and standards of the Borough of Manheim. If the Borough of Manheim discovers that the work has been discontinued or has not been properly performed, the Borough of Manheim shall immediately take all necessary steps, at his or her own expense, to place the work in such condition as to conform to the Borough of Manheim's Codes Compliance Officer or designee. The Codes Compliance Officer or designee shall have the authority to suspend work until the matter can be referred to and be decided by the Engineer of the Borough of Manheim.
(17) 
Additional inspection fees. If the Borough of Manheim determines that the permitted work is of sufficient magnitude or importance to warrant assignment of one or more employees to inspect the permitted work on a more than spot-inspection basis, the permit will so indicate, and the permittee shall be charged for all costs incurred by the Borough of Manheim for inspection of the permitted work on a more than spot-inspection basis, the permit will so indicate, and the permittee shall be charged for all costs incurred by the Borough of Manheim for inspection.
Any person, firm, corporation or other entity who breaks or cuts in any manner the pavement or surface of any public street of the Borough of Manheim without first having obtained the proper permit and paid the application fees and charges hereinbefore set forth, including any extension fee, or who violates any of the other provisions of this article shall, upon conviction before a Magisterial District Judge, be sentenced to pay a fine not exceeding $600 for each offense plus costs and, in default of the payment of such fine and costs, said person and/or the responsible agents or officers of firms or corporations violating the provisions of this article shall be imprisoned in the Lancaster County Prison for a period not exceeding 30 days.