[Adopted 6-9-2003 by Ord. No. 1686]
A.
APPLICANT
CARTWAY
CITY
DIRECTOR
EMERGENCY
ENGINEER
PERMITTEE
PERSON
PUBLIC UTILITY COMPANY
STREET
TEMPORARILY RESTORE OR RESURFACE
The following words, when used in this article, shall have the meanings
ascribed to them in this section, except in those instances where
the context clearly indicates otherwise:
Any person who makes application for a permit.
That portion of the street between curb faces, or that portion
between gutter center lines if the street is not curbed, or, if no
gutter exists, the traveled portion plus compacted or stabilized berms.
The City of Warren, a home rule municipality, County of Warren,
Commonwealth of Pennsylvania.
The person in charge of the Department of Public Works or
the highway operations in the City, or his authorized deputy, representative
or inspector.
Any unforeseen circumstance or occurrence, the existence
of which constitutes a clear and immediate danger to persons or properties.
The engineer employed as "City of Warren Engineer" or his
authorized representative.
Any person who has been issued a permit and has agreed to
fulfill all the terms of this article.
Includes any natural person, partnership, firm, association,
utility, corporation or authority created pursuant to an act of the
Pennsylvania General Assembly. Whenever used in any section prescribing
and imposing a penalty, the term "person," as applied to associations,
shall mean the partners or members thereof and, as applied to corporations,
the officers thereof.
Any company subject to the jurisdiction of and control by
the Pennsylvania Public Utility Commission.
Includes a public street, public easement, public right-of-way,
public highway, public alley, public way or public road accepted or
maintained by the City.
Provisions for maintaining traffic flow over disturbed areas
by temporary bridge or by backfilling with specified material to match
existing road grade.
B.
In this article, the singular shall include the plural, and the masculine
shall include the feminine and the neuter.
It shall be unlawful for any person to make any tunnel, opening,
test hole or excavation of any kind in or under the surface of any
street without first securing a permit from the City for each separate
undertaking; provided, however, any person maintaining pipes, lines
or other underground facilities in or under the surface of any street
may proceed with an opening without a permit when emergency circumstances
demand the work to be done immediately, provided the permit could
not reasonably and practically have been obtained beforehand. The
person shall thereafter apply for a permit on the first regular business
day on which the City office is open for business, and said permit
shall be retroactive to the date when the work was begun. In all cases
where emergency openings are necessary, the City Police Department
shall be notified prior to such opening. The fee for this permit shall
be as established from time to time by resolution of City Council.
No person to whom a permit has been granted shall perform any
of the work authorized by such permit in any amount greater than that
specified in the permit, except that, upon approval by the Director,
additional work may be done under the provisions of the permit in
such an amount as the Director shall deem appropriate and necessary
to complete the work.
Work for which a permit has been issued shall commence within
10 days after the issuance of the permit therefor. If not so commenced,
the permit shall be automatically terminated unless the permittee
applies to the Director for an extension of time within which to commence
work. If such an extension is granted, the original permit shall remain
in force for the period of time specified in the extension. Permits
which terminate within 10 days after issuance or within an extension
of time granted by the Director may be renewed only upon the payment
of an additional permit fee as originally required.
Permits are not transferable from one person to another, and
the work shall not be made in any place other than the location specifically
designated in the permit.
Unless otherwise stated in the permit, every permit shall expire 24 hours after commencement of work, except in the event that permittee shall temporarily restore/resurface opening in accordance with § 410-48 of this article. If the permittee should not complete the work within the specified time, he shall, prior to expiration of the permit, present in writing to the Director a request for an extension of time, setting forth therein the reasons for the requested extension. If in the opinion of the Director such an extension is necessary and not contrary to the public interest, the permittee may be granted additional time for the completion of the work.
All street openings required by utilities owned and/or operated
by the City shall be made and restored under the direction and supervision
of the Director. The permit fee and insurance requirements of this
article shall not be applicable to any openings made by such municipally
owned and/or operated utilities.
The provisions of this article shall not be applicable in those
instances where the highway is maintained by the Commonwealth of Pennsylvania
or on which the Commonwealth issues occupancy permits.
Every permit shall be granted subject to the right of the City
or of any other person to lawfully use the street for any purpose
not inconsistent with the permit.
A.
Any permit may be revoked by the Director, after notice to the permittee,
for:
(1)
Violation of any condition of the permit or of any provisions of
this article.
(2)
Violation of any provision of any other applicable ordinance or law
relating to the work.
(3)
Existence of any condition or the doing of any act constituting or
creating a nuisance or endangering life or property.
B.
When notice of any such violation or condition shall be served upon
the permittee or his agent engaged in the work, the permittee must
immediately take the necessary corrective measure before proceeding
further with any work for which the permit was originally granted.
C.
When, in the opinion of the Director, the permittee has failed to
take the necessary corrective measures and a condition or act constituting
or creating a nuisance or endangering life or property exists, the
Director may order the work to be performed by the appropriate City
department and the cost thereof incurred by the City shall be recovered
from the permittee. When the above action is deemed necessary by the
Director, it shall constitute an automatic revocation of the permit,
and upon action filed in assumpsit by the Director, the permittee
shall be subject to fine and penalties as are provided for herein.
It shall be the duty and responsibility of any applicant to:
A.
Make written application for such permit on the form prescribed by
the City. No work shall commence until the Director has approved the
application and plan and issued a permit and until the permittee has
paid and provided all fees required by this article.
B.
Furnish, in triplicate, a plan showing the work to be performed under
said permit. One copy of such plan shall be returned to the applicant
at the time the permit is granted.
C.
Agree to save the City, its officers, employees and agents harmless
from any and all costs, damages and liabilities which may accrue and
be claimed to accrue by reason of any work performed under said permit.
The acceptance of any permit under this article shall constitute such
an agreement by the applicant, whether the same is expressed or not.
It shall be the duty and responsibility of any person receiving
a permit to:
A.
Pay a permit fee to cover the cost of inspecting the work authorized
by the permit and cost of final restoration in accordance with the
schedule of fees adopted by the City Council from time to time.
B.
Furnish a certificate of insurance as is required by § 410-51 of this article, unless excepted from such requirements by said section.
C.
Keep the original copy of the permit and an approved copy of the
plan at all times while such work is in progress at the location for
which said permit was granted and show such permit and/or plan upon
demand by the City highway or police authorities.
A.
No opening or excavation in any street shall extend beyond the center
line of the street before being backfilled and the surface of the
street temporarily restored.
B.
No more than 100 feet measured longitudinally shall be opened in
any street at any one time, except by special permission of the Director.
C.
All utility facilities shall be located sufficiently ahead of trench
excavation work to avoid damage to those facilities and to permit
their relocation, if necessary.
D.
Pipe drains, pipe culverts or other facilities encountered shall
be protected by the permittee.
E.
Survey markers or monuments of concrete, iron or other lasting material
set for the purpose of locating or preserving the lines of any street
or property subdivision or a precise survey reference point or a permanent
survey bench mark within the City shall not be removed or disturbed
or caused to be removed or disturbed unless permission to do so is
first obtained in writing from the Director. Permission shall be granted
only upon condition that the permittee shall pay all expenses incident
to the proper replacement of the monument. Any existing survey markers
which are removed or displaced by any construction operation shall
be reset by a surveyor licensed to practice in the Commonwealth of
Pennsylvania, with such work being completed at the permittee's expense.
F.
When work performed by the permittee interferes with the established
drainage system of any street, provisions shall be made by the permittee
to provide drainage to the satisfaction of the Director.
G.
No earth, gravel or other excavated material is allowed to roll,
flow or wash upon any street; the permittee shall cause the same to
be removed as excavated. In the event the earth, gravel or other excavated
materials are not removed, the Director shall cause such removal,
and the cost thereof incurred by the City shall be recovered from
the permittee by the City.
H.
Every permittee shall place around the project such barriers, barricades,
lights, warning flags and danger signs as shall be determined by the
Director and/or Police Department to be necessary for the protection
of the public. Barricading shall be in compliance with the regulations
as set forth by the Commonwealth of Pennsylvania, Department of Transportation,
Bureau of Traffic Engineering, for maintaining and protection of traffic
on construction projects and the handbook for work area traffic control
and any future revisions thereto.
(1)
All trenching and excavation shall conform to the requirements of
the Pennsylvania Department of Labor and Industry standards for such
work. Additional safety requirements may be prescribed by the Director.
(2)
Whenever any person fails to provide or maintain the safety devices
required by the Director, such devices may be installed and maintained
by the City. The amount of cost incurred shall be paid by the permittee.
(3)
No person shall willfully move, remove, injure, destroy or extinguish
any barrier, warning light, sign or notice erected, placed or posted
in accordance with the provisions of this article.
I.
Access to private driveways shall be provided except during working
hours when construction operations prohibit provision of such access.
Permittee must notify property owners in advance whenever a driveway
is to be blocked. Free access must be provided at all times to fire
hydrants.
J.
The excavation shall be in two classes: that portion in the area
outside the cartway and that portion within the cartway.
(1)
For excavation in any area other than the cartway, the following
will apply: excavated materials shall be laid compactly along the
side of the trench and kept trimmed up so as to cause as little inconvenience
as possible to public travel. In order to expedite the flow of traffic
or to abate a dirt or dust nuisance, the Director may require the
permittee to provide toe boards or bins, and if the excavated area
is muddy and causes inconvenience to pedestrians, temporary wooden
plank walks shall be installed by the permittee as directed by the
Director. If the street is not wide enough to hold the excavated material
without using part of the adjacent sidewalk, the permittee shall keep
a passageway at least 1/2 the sidewalk width open along such sidewalk
line.
(2)
For excavation within the cartway, the following shall apply: all
excavated material shall be wasted and removed from the site. This
shall be done at the time of excavation.
K.
Work authorized by a permit shall be performed between the hours
of 7:00 a.m. and 7:00 p.m., Monday through Saturday, unless the permittee
obtains written consent from the Director to do the work at an earlier
or later hour. Such permission shall be granted only in case of an
emergency or in the event the work authorized by the permit is to
be performed in traffic-congested areas.
L.
In granting any permit, the Director may attach such other conditions
thereto as may be reasonably necessary to prevent damage to public
or private property or to prevent the operation from being conducted
in a manner hazardous to life or property or in a manner likely to
create a nuisance. Such conditions may include, but shall not be limited
to:
(1)
Limitations
on the period of time of the year in which the work may be performed;
(2)
Restrictions
as to the size and type of equipment;
(3)
Designation
of routes upon which material may be transported;
(4)
The
place and manner of disposal of excavated materials;
(5)
Requirements
as to the laying of dust, the cleaning of streets, the prevention
of noise and other results offensive or injurious to the neighborhood,
the general public or any portion thereof; and
(6)
Regulations
as to the use of streets in the course of the work.
M.
Material specifications. All materials used in restoring openings
shall consist of, but not be limited to, the following:
(1)
Crushed aggregate. Crushed aggregate for surface restoration at various
locations as directed shall be crushed gravel meeting the requirements
of Section 350, "Subbase," of the Pennsylvania Department of Transportation
Specification Manual Form 408, 1983 Edition, for single course gradation
band option with one-inch top size or approved alternate.
(2)
Special trench backfill. Crushed stone meeting or exceeding the requirements
of Section 677 of the PennDOT Specifications Manual Form 408, 1983
Edition, for 2RC aggregate, Type A or better material.
(3)
Concrete (when necessary for temporary restoration). Class A, six
bags/CY minimum mix for a compressive strength of 2,750 pounds per
square inch (psi) at seven days and 3,300 psi at 28 days and flexural
strengths of 500 psi at seven days and 600 psi at 28 days.
N.
Use of streets. During the progress of the work, the permittee shall
accommodate both vehicular and pedestrian traffic and shall provide
unobstructed access to fire hydrants, water and gas valves. Gutters
and waterways must be kept open or other provisions made for the removal
of stormwater. Street intersections may be blocked 1/2 at a time,
and the permittee shall lay and maintain temporary driveways and bridges
and crossings as, in the opinion of the Engineer, are necessary to
reasonably accommodate the traveling public.
O.
Existing utilities. The permittee will be required at his own expense
to protect, support and sustain all sewers, water, gas or service
pipes, electric light, power, telephone or telegraph poles, conduits,
and other fixtures laid across or along the line of the utility, whether
such facilities are public or private. Damage to any private sewer
will be repaired by the permittee.
(1)
The Engineer, as well as the company or corporation owning any municipal
or utility company pipes, poles or conduits, must be notified by the
permittee before any such facilities are removed or molested. In case
any waterlines or sewer lines or any utility company gas or electric
facilities including service connections and/or appurtenances are
damaged, they shall be repaired by the authorities having control
of same, and the expense of said repairs shall be paid by the permittee
directly. Existing private sewer service lines damaged, disrupted
or taken up by a contractor's operations shall be reconnected and
restored to full service by and at the expense of the permittee. Permittee
shall also be responsible for maintenance of damaged sections of private
service laterals for the full term of the warrantee period.
(2)
It shall be the responsibility of the permittee to ascertain and
verify actual location and elevation of existing pipelines or buried
conduits in the path of the work before commencing excavation.
P.
Shoring, sheeting and bracing. All excavations which are five feet
or more in depth for unshored excavations or where excavations are
in unstable material and shoring is necessary to facilitate proper
and safe working conditions, excavations shall be shored. All shoring
shall meet or exceed OSHA or State Labor Department requirements.
Shoring shall consist of timber or metal sheeting supported by a sound
system of cross jacks acting against a sheeting whaler grid. As an
alternate to shoring by sheeting, the permittee may employ an approved
type trench box of reinforced steel construction, and workmen shall
conduct work from within such box.
Q.
Construction methods. Excavation involving the removal of bituminous
or concrete paving in the streets, private drives, and parking area
trenching situations shall be accomplished by sawing or cutting the
improved surface at the edges of the proposed trench at points on
one foot on either side of the trench opening at ground surface. Sawing
or cutting shall extend to the full depth of existing surface. Where
existing surfaces are damaged, taken up, undercut or unraveled by
construction excavation operations which extend beyond the original
saw or cut marks for removal, the City shall re-saw or cut the surface
to a straight and even line six inches beyond the furthest point of
damage from the trench during final restoration.
R.
Work in freezing weather. When temperatures fall to 32° F., all
grouting and concrete materials entering into the construction are
to be preheated and used while warm. When any mortar or cement concrete
work is carried out under freezing conditions, the heated area must
be maintained for at least 24 hours of the installation and shall
be protected from frost by covering with hay, straw or similar substance
to a depth of at least two feet before auxiliary heat is removed.
Where areas cannot be appropriately protected by covering with hay
or straw and where it is impractical to completely cover the work
area with an enclosure and heat the work area to at least 40°
F., the work shall be suspended.
S.
Trench excavation. The trench shall be excavated along the lines
proposed by the permit holder and approved by the City Engineer. All
trenches shall have vertical sides; no tapering of sides shall be
permitted unless approved in writing. The width of the trench, unless
otherwise approved, shall be six-inch minimum and eighteen-inch maximum
on each side of the utility pipe. The bottom of the trench shall be
hollowed out so as to allow the body of the pipe to have a bearing
throughout on the trench bottom. Ground adjacent to all excavations
shall be graded to prevent water running in. Any accumulated water
in the excavation shall be removed by pumping or other means approved
by the Engineer prior to the placement of pipes or utilities and before
backfill is begun.
A.
Backfill. Backfill for excavations shall be placed and completed
as soon as possible. Specified materials shall be used for backfill
and tamped thoroughly prior to the placement of the utility in the
trench. Bottom of pipe or utility to six inches above the crown of
the pipe or utility shall be Class I embedment materials, as specified.
The next one foot of fill shall be placed by hand, or may be machine
dumped if steps are taken to assure that the materials are dumped
so as to fall against the side of the trench, and immediately tamped
into place. The backfill materials from a point six inches above the
crown or top of the utility to a point 18 inches above the top of
the pipe or utility shall be material which does not contain stones
larger than two inches in diameter. Backfill shall be leveled and
compacted into place in lifts not exceeding two-foot depths.
B.
Special backfill. All excavations which are located in improved cartway,
driveway or shoulder areas, whether municipal or private facilities,
shall receive special crushed stone backfill of the type specified.
Wherever special backfill is required, the permittee shall waste all
excavated native materials, with the permittee being solely responsible
for arrangement for wasting such materials. Permittee shall then apply
specified crushed aggregate in maximum lifts of 36 inches and mechanically
tamp into place using approved type pad compactor and methods for
full depth of excavation or to the level of the required base course.
In all cases where excavation has taken place in paved roadways or
areas proposed to be paved, each layer shall be compacted to densities
equal to that of the adjacent original material so that pavement can
be placed or replaced immediately. The permittee must notify the Director
no less than 24 hours prior to beginning the backfilling of excavations.
C.
Temporary
restoration.
[Amended 11-16-2020 by Ord. No. 1946]
(1)
The
permittee shall temporarily restore the surface immediately. A temporary
restoration may be identical to final permanent restoration, except
that asphaltic, concrete, or matching surface materials may be substituted
with crushed aggregate, as specified. When the final restoration cannot
be made due to the seasonal unavailability of required materials,
the permittee shall be required to install and maintain the temporary
restoration as follows until such time that proper materials are readily
available:
(a)
The opening shall be filled with base material to a depth of four
inches below the street level; and
(b)
The bottom and sides of the opening shall then be lined with plastic
sheeting that is a minimum of six mils in thickness; and
(c)
The opening shall then be filled with concrete so that it is level
with the surrounding street surface.
(2)
The
City shall be responsible for final surface restoration, including
revegetation of all previously seeded areas disturbed by the project.
Disturbed areas shall be restored as nearly as possible to original
levels. The permittee shall be required to grade the area to match
adjacent contour.
D.
All work, including pavement cuts, openings, test holes, excavations,
backfilling, proper bridging and shoring of the excavation, except
final restoration of the surface, shall be done by the permittee in
accordance with City regulations and specifications and under the
inspection of the Director. A permittee may contract the work to be
done by others; however, the permittee shall be responsible and liable
for all such work done the same as if the work was done by the permittee.
E.
If the Director finds that paving surfaces adjacent to the street
opening may be damaged where trenches are laid in close proximity
to one another, or where the equipment used may cause such damage,
the Director may require a negotiated contribution from the permittee
for the resurfacing in place of patching of such street if the total
area of the proposed patch or probable damaged area exceeds 25% of
the total pavement surface in any block. Such negotiations shall be
carried on and contributions agreed upon prior to issuance of a permit.
F.
After excavation is commenced, the work of making and backfilling
the same shall be prosecuted with due diligence.
G.
The Director shall make such inspections as he may deem necessary
of all work authorized by a permit. The Director is empowered to provide
a full-time inspector if necessary to ensure compliance with the provisions
of this article.
H.
All inspection costs shall be borne by the permittee. When inspection
costs exceed those normally required, the additional expense shall
be borne by the permittee.
I.
The permittee shall be responsible for all work performed by him
for a period of two years from the date of final restoration. If during
the two-year period the Director determines that settlement occurs,
the surface area deteriorates, cracks or fails, or any other condition
occurs which indicates failure of the restored area due to deficient
backfilling, the City shall make the necessary corrections and/or
repairs and shall be reimbursed by the permittee upon notification.
J.
In no case shall any opening made by the permittee be considered
in the charge or care of the City or any of its officers or employees
prior to final restoration, and no officer or employee is authorized
in any way to take or assume any jurisdiction over any such opening,
except in the exercise of the police power when it is necessary to
protect life and property.
Whenever the Director shall find that default has occurred in
the performance of any term or condition of the permit, written notice
thereof shall be given to the permittee. Such notice shall include
the work to be done, the estimated cost thereof, and the period of
time necessary for the completion of the work.
Upon completion of such notice, the permittee must, within the
time therein specified, either cause the required work to be performed
or, failing therein, indemnify the City for the cost of doing the
work as set forth in the notice.
A.
Each applicant, prior to the receipt of a permit, shall provide the
City with an acceptable certificate of insurance indicating that he
is insured against claims for damage which may arise from or out of
the performance of the work, whether such performance be by himself,
his subcontractor, or anyone directly or indirectly employed by him.
Such insurance shall cover collapse, explosion, hazards and underground
work by equipment on the street and shall include protection against
liability arising from completed operations.
B.
In order to protect the City and the permittee, the permittee shall
provide a certificate of insurance for liability insurance in the
amount of $1,000,000 for each occurrence, or $1,000,000 aggregate
for bodily injury, and $500,000 for each occurrence, and $500,000
for aggregate property damage. Public utilities and authorities may
submit annually such evidence of insurance coverage in lieu of individual
submissions for each permit.
When the City shall improve or pave any street, the City Clerk
shall give notice to all persons owning property abutting on the street
about to be paved or improved, and to all public utilities and municipal
authorities operating in the City, and all such persons, public utilities
and municipal authorities shall make all connections as well as any
repairs thereto which would necessitate excavation of the street within
45 days from the giving of such notice. The time shall be extended
if permission is requested in writing and approved by the City Manager
after consultation with the Director and Engineer.
No permit shall be issued by the Director which would allow
an excavation or opening in a paved and improved street surface less
than five years old unless the applicant can clearly demonstrate that
public health or safety require that the proposed work be permitted
or unless an emergency condition exists
A.
Every person owning, using, controlling or having an interest in
pipes, conduits, ducts or other structures under the surface of any
street used for the purpose of supplying or conveying gas, electricity,
communication impulses, water or steam to or from the City, or to
or from its inhabitants, or for any other purposes, shall have on
file with the Director, within 120 days after the adoption of this
article, a written list or map containing the names of the City's
streets wherein the aforementioned facilities owned by such a person
are located and stating the size and type of material.
B.
Within 90 days after the first day of January of each and every year, such person shall notify, in writing, the Director of the changes necessary to maintain the street list or map required in Subsection A above or submit a revised map. If no changes are necessary to update said list or map, then such person shall submit a written statement attesting to the current status in lieu of said changes.
A.
Whenever any pipe, conduit, duct, tunnel or other structure located
under the surface of any street, or the use thereof, is abandoned,
the person owning, using, controlling or having an interest therein
shall, within 30 days after such abandonment, file with the Director
a statement in writing giving in detail the location of the structure
so abandoned.
B.
Whenever there are manholes or tunnels associated with abandoned
underground facilities, such manholes or tunnels shall be filled in
at the time of abandonment and the Director notified thereof in writing.
C.
When the City plans to pave or improve streets in which there are
abandoned facilities, the owners of such facilities shall be required
to remove them if, in the opinion of Council, their removal is in
the best interest of the City. If the owner shall refuse to remove
such facilities, the City shall remove the abandoned facilities, and
the owner shall reimburse the City for such removal.
A.
If the work to be undertaken by the permittee is such that it will
affect the use of properties abutting or adjoining the project, the
permittee shall notify the affected property owners and/or tenants
of the proposed work to be done.
B.
If the work to be undertaken by a permittee will affect other subsurface
installations in the vicinity of the proposed opening, the permittee
shall notify the owners of such facilities of the proposed work.
C.
The Director shall notify, in writing, the City Police and Fire Departments
of all street opening permits he grants. Such notification shall state
the nature of the work to be done, proposed beginning and completion
dates, and the location of such projects.
Any person who shall violate any provision of this article shall,
upon conviction thereof, be sentenced to pay a fine not exceeding
$1,000 plus costs and, in default of payment thereof, shall be subject
to imprisonment for a term not to exceed 30 days. Each day that a
violation of this article continues after notice in writing shall
have been served by the Director shall constitute a separate offense.
