[Ord. 612, 8/15/1978]
The following words and phrases, when used in this Part, shall
have the meanings ascribed to them in this § 201, except
in those instances where the context clearly indicates otherwise:
Any person who makes application for a permit.
Borough of Elizabethtown, Lancaster County, Pennsylvania.
Any unforeseen circumstance which calls for immediate action
to protect or safeguard life and/or property.
Any natural person, partnership, firm, association, utility
or corporation.
Any utility company licensed by the Pennsylvania Public Utility
Commission.
The entire right-of-way of a public street, highway, alley,
road or easement within the Borough limits.
[Ord. 612, 8/15/1978]
1.
Applications for such permits shall be made to the Borough Manager,
at least three working days prior to the start of work, on the form
prescribed by the Borough and shall describe the person, partnership,
firm or corporation doing the actual excavating work and the name
of the person, partnership, firm or corporation to tunnel under or
to make any opening or excavation in any street, alley or sidewalk
or to construct or install sewer, water, gas or any other utility
lines or any structure in the streets of or within any public right-of-way
of the Borough of Elizabethtown, unless and until a permit therefor
has been secured from the Borough Manager for each separate undertaking,
such permit and the application therefor to be in the form prescribed
by the Borough and for the purposes enumerated therein.
2.
Any person working in the vicinity of a Borough street who in any
manner disturbs such street or who in any manner causes damage to
a street shall be required to obtain a permit and correct the damage
in accordance with Borough standards. Street opening permits shall
not be required for persons excavating adjacent to the curb for the
express purpose of installing or replacing curbs and/or sidewalks,
provided that a curb or sidewalk permit has been obtained prior to
such work.
[Ord. 612, 8/5/1978; as amended by Ord. 647, 7/21/1983, § I]
1.
Applications for such permits shall be made to the Borough Manager
at least three days prior to the start of work on the form prescribed
by the Borough and shall describe the person, partnership, firm or
corporation doing the actual excavating work and the name of the person,
partnership, firm or corporation for whom or which the work is being
done and shall contain an agreement that the applicant will comply
with all ordinances and laws relating to the work to be done and to
permit inspection during the restoration and repair so as to determine
conformance with Borough standards.
2.
The application for the permit shall indicate the location of said
opening or excavation, include a plan of said opening or excavation,
define the probable length, width and depth thereof, specify a time
when said opening or excavation shall begin and end, or the time when
the same is to remain open, and such further information as the Borough
may require.
3.
Emergency breaks or leaks may be repaired and a permit therefor secured
within the next working day, and such permit shall be retroactive
to the date when the work was begun. A person performing street openings
for an emergency must verify the emergency nature of the circumstances
in writing to the Borough within five days after such emergency.
4.
Applicants shall file a letter, prepared on a form furnished by the
Borough, properly executed by the applicant's designated officials
verifying that the applicant is insured against claims for personal
injury as well as against claims for property damage which may arise
from or out of the performance of the excavation work, whether such
performance is by the applicant or anyone directly employed by him.
Such insurance shall include protection against liability arising
from completed operations, underground utility damage and collapse
of any property. Liability insurance for bodily injury shall be in
an amount not less than $300,000 for each person and 300,000 for each
accident and for property damage in an amount not less than $100,000.
Failure of any applicant to file this letter certifying insurance
coverage shall be sufficient reason for denying a permit. The applicant
shall save and hold the Borough harmless from any and all damages
and liability by reason of personal injury or property damage arising
either directly or indirectly from the work to be performed under
the provisions of this Part, irrespective of the cause of such injury
or damage.
[Ord. 612, 8/15/1978; as amended by Ord. 829, 11/15/2001]
1.
The charge for said permit, shall be in accordance with certain amounts
as established from time to time by resolution; provided, however,
that a minimum fee shall also be established from time to time by
resolution.
2.
Said fee shall cover the costs of issuing the permit and of inspecting
the work.
[Ord. 612, 8/15/1978]
1.
When the Borough or the Pennsylvania Department of Transportation
proposes to reconstruct or resurface any street, the Borough shall
first serve notice of such improvements to all persons owning property
abutting the street about to be improved and to all public utility
companies operating in the Borough. Within 90 calendar days from receipt
of such notice, all notified persons shall complete or cause to be
completed all necessary repairs and replacements of utility mains,
service connections and/or laterals existing under the street and
designated curb and sidewalk areas. Notified persons shall also complete
or cause to be completed all new installations under the street and
designated curb and sidewalk areas required for use within a five-year
period thereafter. All repairs, replacements and new installations
shall be in first-class condition so that the same cannot be reasonably
expected to require repairs or replacement within a period of at least
five years thereafter.
2.
Upon failure of any of the notified persons to comply with the notice
from the Borough to place the same in first-class condition as hereinbefore
provided, the Borough may cause existing utility mains, service connections
and/or laterals to be placed in first-class condition or to be entirely
removed if not used or necessary for public convenience, whereupon
the Borough shall be entitled to collect the cost of such renewals,
repairs, caulking, removal or other work from the responsible person
or persons, either by invoicing the person or persons or, in the case
of water or sewer house connections, by filing municipal liens therefor
against the abutting properties benefited by such conditions.
3.
Nothing herein contained shall forbid the installation of new pipes,
conduits or other services or structures or the repair, replacement
or removal of those already existing in or under the portions of such
highways improved as aforesaid, by tunneling beneath paving in accordance
with this Part and under the supervision of the Borough or the Pennsylvania
Department of Transportation, upon obtaining a permit therefor from
the Borough and upon payment to the Borough of the fees prescribed
by the provisions of this Part for making a surface opening in the
highway of the same dimensions.
[Ord. 612, 8/15/1978]
1.
Safety Devices Required. It shall be the duty of any person, partnership,
firm or corporation to whom a permit is issued or by whom any opening
or excavation is made, as aforesaid, to provide and maintain proper
and adequate guards, barriers and lights to prevent accidents, and
they shall assume all risks and be liable for all damages by reason
of the openings and excavations and by reason of any failure to properly
fill the hole or trench and maintain the disturbed surface in a safe
condition.
2.
Excavation and Backfill Regulations.
A.
It shall be unlawful to make any excavation or tunnel in any way
contrary to or at variance with the terms of the permit therefor.
Proper bracing shall be maintained to prevent the collapse of adjoining
ground or structures.
B.
No injury shall be done to any pipes, cables, conduits or structures
in the making of such excavations or tunnels, and notice shall be
given to the persons maintaining any such pipes, cables, conduits
or structures which are or may be endangered or affected by the making
of any such excavation or tunnel, before such pipes, cables, conduits
or structures shall be disturbed and before any work shall commence.
C.
No unnecessary damage or injury shall be done to any trees or shrubs
or the roots thereof.
D.
All work shall be confined to the public right-of-way, and in no
case shall excavated material be cast beyond the curb or on sidewalks
or lawns. Where working space is limited, the Borough may require
material excavated from the trench to be hauled from the area and
then brought back after the pipe or structure has been installed.
E.
The Borough may limit the amount of open trench if, in its judgment,
it is necessary for safety, movement of traffic, proper drainage or
any other cause whatsoever.
3.
Excavation. Before trenching begins, the existing paving shall be
cut to neat lines equidistant from the center line of the trench by
means of equipment suitable for such work, and the edges of the pavement
shall be protected and maintained throughout the course of construction
until the permanent paving is completed. If the pavement edges are
not maintained to the satisfaction of the Borough Manager, the pavement
shall be recut just prior to the permanent pavement replacement. Pavement
cutting may be done with either a saw or an air compressor. However,
the Borough reserves the right to require a saw if cutting with an
air compressor is unsatisfactory. All openings shall be square or
rectangular in shape.
4.
Backfill.
A.
All excavation in trenches shall be backfilled to the original ground
surface or to the subgrades specified for paving restoration. The
backfill shall begin as soon as is practical after the pipe or other
construction has been placed and shall be carried on as rapidly as
the protection of the balance of the work will permit. Depositing
backfill shall be done so that the shock of falling material will
not injure the pipe, structure or adjacent structures.
B.
Backfill material to a height not to exceed 12 inches above the top
of the pipe may be suitable, trench-excavated clean earth backfill
material, free from stones. This backfill material shall be deposited
in the trench simultaneously on both sides of the pipe for the full
width of the trench, in increments not exceeding six inches, and shall
be hand tamped to fill completely all spaces under and adjacent to
the pipe. The remaining trench-excavated material shall be removed
from the job site. The trench shall then be back-filled with No. 2RC
aggregate, meeting the requirements of § 703.3(D) of the
Pennsylvania Department of Transportation Form 408. Compaction of
the 2RC backfill shall be done with a mechanical tamper up to the
bottom elevation of the pavement structure in lifts of uniform layers
not to exceed six inches after compaction, and each lift shall be
compacted over the full width of the excavated area. Backfill shall
be compacted to at least 90% of Standard Proctor Density at optimum
moisture content. All compaction shall be accomplished at a moisture
content within, plus or minus, 2% of the optimum.
C.
Special compaction shall be done around all valves, hydrants and
other structures and utilities by the use of pneumatic tampers, plate
tampers or plate vibrators with lifts not to exceed that previously
stated.
D.
If unsatisfactory backfilling is suspected, the Borough may cause
samples to be taken at any location and depth of trench and tests
to be performed to determine whether compaction operations are sufficient
to meet the density and optimum moisture requirements specified above.
All costs of samples and tests shall be at the expense of the applicant.
5.
Pavement Restoration.
A.
After the trench has been properly backfilled as hereinbefore required,
permanent-type paving restoration shall be installed as follows:
(1)
Prior to the placement of the base course, the existing base
and surface shall be sawed or cut back six inches on either side of
the trench to neat straight lines parallel to the curb or to the edge
of the pavement. Generally, the pavement restoration shall be of consistent
width. Where the width of paving must be widened or decreased, it
shall be done by boxing to give neat perpendicular lines. A tack coat
of Type E-1 bituminous material meeting the requirements of § 460
of the Pennsylvania Department of Transportation Form 408 shall be
applied to the cut surfaces. The base course, consisting of either
a crushed aggregate base course or a bituminous concrete base course
shall then be placed.
(a)
If the crushed aggregate base course is used, said base course
shall have a thickness at least as thick as the existing base course,
but in no case shall the base course be less than eight inches compacted
thickness of No. 4 aggregate tied in with No. 1 aggregate screenings,
meeting the requirements of § 310 of the Pennsylvania Department
of Transportation Form 408. Following the placement of the base course,
a prime coat of bituminous material meeting the requirements of § 461
of the Pennsylvania Department of Transportation Form 408 shall be
required. After the prime coat has cured, a bituminous binder course
shall be placed, such binder course to have a thickness at least as
thick as the existing binder course, but in no case shall the binder
course be less than 1 1/2 inches compacted thickness. The completed
surface of the binder course shall not be less than the required compacted
thickness of the wearing course below the surface of the adjacent
pavement. A bituminous wearing course as hereinafter described shall
then be placed.
(b)
If a bituminous concrete base course is used, said base course
shall consist of a minimum of five inches compacted thickness of bituminous
concrete base course meeting the requirements of § 305 of
the Pennsylvania Department of Transportation Form 408. The completed
surface of the base course shall not be less than the required compacted
thickness of the wearing course below the surface of the adjacent
pavement. A bituminous wearing course as hereinafter described shall
then be placed.
(2)
A bituminous concrete wearing course of ID-2A material shall
then be placed. The thickness of said wearing course shall be at least
as thick as the existing bituminous wearing course, but in no case
shall the wearing course be less than 1 1/2 inches compacted
thickness. A seal coat of bituminous material meeting the requirements
of § 470 of the Pennsylvania Department of Transportation
Form 408 shall then be applied at the edges of the wearing surface.
(3)
Permanent paving restoration shall be performed immediately
after trenches have been acceptably backfilled. Where permanent-type
paving restoration is not permitted because of weather limitations
on placement of bituminous concrete, as defined in § 401.3(a)
of the Pennsylvania Department of Transportation Form 408, temporary
paving shall be required. Temporary paving shall consist of a layer
of Type 2P-B bituminous stockpile patching material having a minimum
thickness after compaction of two inches, and the top surface shall
be flush with the surface of the adjacent paving. All temporary paving
shall be continuously maintained by the applicant until it is replaced
by the permanent paving. When the conditions permit the placement
of the permanent paving, the temporary paving shall be removed, and
the permanent paving shall be placed as required herein.
B.
Construction and compaction of all bituminous pavement shall be in
accordance with the requirements of § 401.3 of the Pennsylvania
Department of Transportation Form 408.
C.
The pavement restoration shall be maintained by the applicant for
a period of two years from the date of acceptance by the Borough.
6.
Curb and Sidewalk Cuts. Where curb and sidewalks must be removed,
they shall only be removed in sections extending from expansion joint
to expansion joint. Replacement shall be according to Borough ordinances
and specifications.
[Ord. 612, 8/15/1978; as amended by Ord. 647. 7/21/1983]
1.
Improper Completion of Work: Assessment of Costs; Payment.
A.
If the work in opening or in filling or maintaining the surface shall
not be promptly done or shall be unskillfully, improperly or incompletely
done, the Borough may cause the same to be done in the manner it deems
proper, and the expense thereof, including any overhead expenses,
shall be charged to the person, partnership, firm or corporation by
whom the opening or excavation was made, together with 25% additional
to cover administrative expenses.
B.
No permit shall be issued to any person, partnership, firm or corporation
in default under this § 207 until the costs and penalty
herein provided are paid, and no further permit shall be granted to
any person, partnership, firm or corporation unless and until the
openings or excavations already caused by him have been properly filled
and the surface maintained, as aforesaid, in a safe condition and
at the proper grade, of which the Borough Engineer or other person
designated by the Borough shall be the judge.
C.
The Borough shall invoice the permittee for all costs incurred by
the Borough in the performance of remedial work.
2.
Acceptance by Borough. Upon completion and restoration of the area
of work, the applicant shall notify the Borough in writing of said
completion. The Borough shall then inspect the area of work for final
acceptance. If accepted, the Borough shall promptly invoice the applicant
for said work. If rejected, the Borough shall notify the applicant
immediately, stating the reasons for rejection and detailing the remedy
for substandard work.
[Ord. 612, 8/15/1978; as amended by Ord. 647, 7/21/1983;
by Ord. 829, 11/15/2001]
1.
Any applicant who wishes to open a street within five years from
the time a street has been either resurfaced or reconstructed may
obtain a street-opening permit to excavate a street for nonemergency
purposes, provided that a street degradation fee is applied and paid
in full prior to the acquisition of the street-opening permit.
2.
The "degradation fee" is defined as a fee paid by the permittee to
the Borough to defray a percentage of the costs for repairs to streets
resulting from the depreciation of streets associated with street
openings.
