[Ord. 534, 3/21/2012, § I]
It is in the public interest to regulate the location and construction
of utility facilities and other structures within the Borough road
and highway rights-of-way for the purpose of insuring the structural
integrity of the roads and highways, economy of maintenance, preservation
of proper drainage and safe and convenient passage of traffic. It
is also in the public interest to have a similar, if not uniform,
system of regulation that coincides with the regulations of the Pennsylvania
Department of Transportation for the purpose of enabling persons undertaking
such activities to more easily understand and comply with such regulations.
[Ord. 534, 3/21/2012, § II]
The following words and terms, when used in this part, have
the following meanings, unless the context clearly indicates otherwise:
The date on which the Borough records that permitted work
appears to be completed under the permit and this part.
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.
A structure including supports, erected over a depression
or an obstruction, as water, highway or railway, which has a track
or passageway for carrying traffic or other moving loads and having
an opening measured along the center of the pavement of more than
20 feet between supports.
The portion of right-of-way beyond the pavement edge within
which, under the Borough's standards, no new obstructions may be located.
A structure under the pavement with an opening of 20 feet
or less measured along the center of the pavement.
The Department of Transportation of the Commonwealth of Pennsylvania.
A Department publication containing the Department's highway
design criteria.
A Department publication containing the Department's utility
relocation and accommodation policies relating to permits issued in
conjunction with highway construction projects.
An unforeseen occurrence or combination of circumstances
which calls for immediate action or remedy.
A permit issued under § 21-206 (relating to emergency work) of this part.
Repair to a utility facility undertaken under § 21-206 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.
A mixture of cement, water and sand.
Cement concrete meeting specifications set forth in § 704
of Publication 408 of the Department.
A highway or bridge on the system of Borough highways and
bridges, including the entire width between right-of-way lines, over
which the Borough has assumed or has been legislatively given jurisdiction.
The area within the right-of-way which has been constructed
for highway purposes, including roadbed, pavement, shoulders, slope,
sidewalks, drainage facilities and other appurtenances.
The Borough's authorized representative assigned to inspect
permit operations.
A bridge occupancy license issued by the Borough under this
part.
The combination of subbase, base course and surface course
placed on a subgrade to support the traffic load or distribute it
to the roadbed, or both. The term normally includes the traveled portion
of the highway and extends to the face of the curb in a curbed section.
The term does not include shoulders.
A natural person, firm, partnership, association, corporation,
limited liability company, utility, authority or political subdivision.
Drawings which show the location, character and dimensions
of the proposed occupancy and related highway features, including
layouts, profiles, cross sections and other details.
Direct burial of a utility line by means of a plow-type mechanism
which breaks the ground, places the utility line and closes the break
in the ground in a single operation.
The status of a utility's facilities, which are situated
within public right-of-way by agreement with the Borough.
A Department publication containing the Department's highway
construction specifications, as supplemented and amended.
The area which has been acquired by the Borough for highway
purposes.
A pavement structure which distributes loads to the subgrade
having as one course a Portland cement concrete slab of relatively
high bending resistance.
The graded portion of a highway within top and side slopes,
prepared as a foundation for the pavement and shoulder.
Department publication No. 72 containing the Department's
design standards for highway construction.
A thin treatment consisting of bituminous or other approved
material, usually with cover aggregate, applied to a surface course.
The existing improved or graded portion of the highway, contiguous
to the traffic lanes, for accommodation of stopped vehicles, for emergency
use, or for lateral support of base and surface courses of pavements.
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.
An amendment to a highway occupancy permit issued on Borough
form.
One or more layers of a 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 "wearing course."
An application of bituminous material to an existing surface
to provide bond with a superimposed course.
An exploratory opening of less than 100 square inches.
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, oil, crude products, coal, water,
steam, waste, storm water not connected to Borough drainage facilities,
and other similar commodities including fire and police signal systems
and street lighting systems, which directly or indirectly serve the
public or any part thereof.
Every device which is or may be moved or drawn upon a highway.
[Ord. 534, 3/21/2012, § III]
1.
General Rule. Except as provided in Subsection 1A through D no work may be performed within the right-of-way involving the placing of utility facilities or other structures or opening of the surface without first obtaining a permit from the Borough. Work performed within the right-of-way shall conform to the Department's regulations concerning work zone traffic control.
A.
Emergency repairs of utility facilities may be performed by using an emergency permit card under § 21-206 (relating to emergency work) of this part.
B.
A permit application is not required for modifying parts of existing
permitted facilities, such as cable within conduit on non-limited
access highways, cross arms or transformers on poles, or manhole riser
rings prior to roadway resurfacing, if no surface opening is required.
C.
Permit applications are not required for stringing overhead utility
lines on non-limited access highways.
D.
Permit applications are not required for accessing an existing utility
facility through a manhole except in limited access highway medians
or interchange areas.
E.
Work performed on or across a limited access highway requires a permit.
2.
Who May Execute Applications.
A.
If a 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 person. An application may not
be submitted in the name of contractors of the owner or operator,
nor in the name of persons only being serviced by the facility.
B.
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
a utility's service jurisdiction, the application shall be submitted
in the name of, and executed by, the person who owns the facility
at the time of construction. The applicant shall indemnify and hold
harmless the Borough from claims by anyone claiming residual property
interests in the permitted area.
(1)
An applicant under this paragraph shall provide satisfactory
evidence to the Borough of ability to completely discharge construction,
maintenance and financial duties imposed by this part. An applicant
shall provide satisfactory evidence that the proposed facility will
not be inconsistent with the structural integrity of the right-of-way,
the Borough's maintenance responsibilities, or the safe and convenient
passage of traffic. The Borough may require security, including, but
not limited to:
(a)
Executing indemnity agreements satisfactory to the Borough.
(b)
Obtaining insurance in a form and amount acceptable to the Borough.
(c)
Obtaining surety bonds in a form and amount acceptable to the
Borough to guarantee restoration of the permitted area in a manner
satisfactory to the Borough for a period of at least two years after
the acknowledged completion of the permitted work.
(d)
Obtaining surety bonds in a form and amount acceptable to the
Borough to guarantee necessary 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.
(e)
Depositing sufficient currency in an escrow account acceptable
to the Borough to fully secure the obligations in clauses (c) and
(d) as an alternative to the obtaining of the surety bonds.
(f)
The use of bonded contractors as well as consultants and engineers
having professional liability insurance.
(2)
An applicant under this paragraph shall submit a detailed traffic
control plan for permitted work.
(3)
An applicant under this paragraph may be required, at the discretion
of the Borough, to record the permit in the Recorder of Deeds Office
of Westmoreland County.
(4)
An applicant under this paragraph is not authorized to place
a facility longitudinally within the pavement, nor in the shoulder
unless the applicant provides detailed plans which verify there is
no feasible space outside the shoulder for placing the facility.
(5)
If, subsequent to completion of the permitted work authorized under this paragraph, a person in the business of providing utility service assumes operation and maintenance of the facility, the Borough, under proper application by the applicant and the provider of the utility service, under § 21-207, Subsection 1A(4), (relating to general conditions) of this part, may approve the assignment or transfer of the permit to the provider of the utility service. The applicant will not be released from the construction, maintenance and financial duties imposed under this section until the Borough has approved the transfer or assignment of the permit.
3.
Where to Submit Application. A permit application shall be submitted
to the Borough Secretary.
4.
Required Application Information. A permit application:
A.
Shall be submitted in person or by mail on a properly completed Borough
form.
B.
Shall be signed by the applicant.
C.
Shall include at least four sets of plans, of a quality sufficient
for microfilming, detailing the location and pertinent horizontal
and vertical dimensions of the opening, the proposed utility installation
and related highway features, including specific highway location,
center line, edges of pavement, outside edges of shoulders, curbing,
guide rail, highway drainage structures and right-of-way lines. Color
coded plans are not acceptable because the notations are not distinguishable
on photocopies or microfilm. Freehand drawings of highway features
or utility facilities are unacceptable.
D.
Shall be accompanied by a check or money order, payable to the Borough, in the appropriate amount, as set forth in § 21-204 (relating to permit fees) of this part.
E.
Shall be submitted to the Borough at least 30 days prior to the anticipated
start of work. If the permitted work will be performed for the permittee
by a contractor, the application shall, if possible, be submitted
to the Borough at least 60 days prior to soliciting bids for the permitted
work so that the permittee may notify bidders of permit requirements.
If the application specifies that the permitted work involves providing
priority utility service, the Borough will process the priority application
before other non-priority applications submitted by the applicant.
F.
Shall identify consulting engineers performing work related to the
application. The consulting engineer shall also sign the application.
5.
Plans for Occupancy of the Pavement or Shoulder. A permit application for occupancy of the pavement or shoulder shall include detailed plans which, in addition to the requirements set forth in Subsection 4 above, provide the following, as applicable:
A.
Plans depicting new occupancy of more than 500 linear feet of pavement
or shoulder, or both, shall have a horizontal scale of one inch equal
to no more than 50 feet. Plans depicting other occupancy of the pavement
or shoulder shall specify dimensions from the near edge of pavement.
B.
Plans depicting installation or replacement of a facility involving
more than 100 linear feet of pavement or shoulder opening shall identify
utility facilities and other structures within the right-of-way that
will be affected by the proposed occupancy, and shall include typical
cross sections at each significant change in highway cross section
features.
C.
Plans depicting installation of a facility longitudinally within
more than 100 linear feet of pavement or shoulder, or both, shall
verify there is no feasible space outside the pavement or shoulder
available for placing the facility.
6.
Traffic Control Plan. A traffic control plan shall be submitted with
the application in the following manner:
A.
With the exception of emergency work performed under the authority of § 21-106 of this part, the applicant shall submit a traffic control plan for Borough approval for work on highways deemed by the Borough to require the same; or whenever it will be necessary to close a portion of a travel lane during hours of darkness without work in active progress; or whenever it will be necessary to completely close a highway to perform the permitted work.
B.
The Borough may require an applicant to submit a traffic control
plan under other special circumstances.
C.
A traffic control plan shall comply with the Department's requirements
for the same and shall clearly indicate how the work area, vehicular
and pedestrian traffic will be protected, maintained and controlled.
D.
A traffic control plan shall consist of one of the following:
(1)
A reference to specific figures in Department's regulations
if the referenced figures properly depict actual site conditions and
address the necessary traffic control.
(2)
Four copies of specific figures from the Department's regulations
which have been modified to depict actual site conditions and the
necessary traffic control requirements for the specific project.
(3)
Four copies of a detailed drawing, showing actual site conditions
and the necessary traffic control requirements for the specific project.
7.
Blasting Requirements. When blasting methods other than controlled blasting, as specified in § 203.3(b)1 of Publication 408 of the Department, will be used or when blasting is anticipated within 100 feet of a bridge, box or culvert, a detailed plan of excavating, shoring, blasting and backfilling procedures shall be submitted at least 15 days prior to blasting. Prior to blasting within the right-of-way, insurance shall be furnished under § 21-207, Subsection 1L, of this part.
8.
Accuracy of Application. The applicant is responsible for the accuracy
of information submitted to the Borough, including the application,
plans, drawings, reports and correspondence.
9.
Penalty for Falsifying Application. Information provided in applications
shall be accurate. Section 4904 of the Crimes Code (relating to unsworn
falsification to authorities), 18 Pa.C.S.A. § 4904, makes
it a misdemeanor of the second degree for a person to mislead a public
servant in performing an official function by making a written false
statement which the person does not believe to be true.
10.
Authority to Reject Application. The Borough will 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 the truth of a statement contained in the
application. The Borough may also make investigations and require
additional information as it deems necessary.
11.
Right of Appeal. The applicant may appeal an adjudication of the
Borough under the provisions of the Local Agency Law, 2 Pa.C.S.A.
§ 751 et seq.
12.
Debarred Persons.
A.
The Borough may debar a person, including permittees, consultants,
contractors, and their employees, agents, successors and assigns,
from placing a facility, working within or otherwise occupying any
Borough highway right-of-way whether under a permit, directing work,
or having involvement in a permit issued or an application submitted
under this part, for one or more of the following:
(1)
Unsatisfactory past performance with regard to any work or activities
involving the subject matters of this part, as documented by records,
reports or performance ratings.
(2)
Failure to complete permitted work under the permit and this
part, as documented by records, reports or performance ratings.
(3)
Bribing, attempting to bribe or providing unauthorized gratuities
to a Borough officer, employee, consultant or a permit inspector.
B.
The first debarment of a person shall be for a period of up to 18
months. A subsequent debarment of the same person ordered within five
years after the first debarment is served, shall be for 18 months
to three years.
[Ord. 534, 3/21/2012, § IV; as amended by A.O.]
1.
Permit Application Fees. Application fees charged to defray costs
incurred by the Borough in reviewing and processing the application
and plans, including the preliminary review of the site location identified
in the application, whether or not a permit is issued and processed
shall be in such amounts as established, from time to time, by resolution
of Borough Council.
2.
General Permit Inspection Fees. General inspection fees charged to
defray costs incurred by the Borough in periodic inspections of permitted
work or subsequent inspections after the permitted work has been completed
and to monitor compliance with the permit and this part shall be in
such amounts as established, from time to time, by resolution of Borough
Council.
3.
Exemptions. Permit application fees and general permit inspection
fees are not required from the following:
A.
The commonwealth.
D.
The federal government.
E.
Utility facility owners for:
(1)
The installation or maintenance of highway lighting at the request
of the Borough.
(2)
The replacement or renewal of their facilities prior to a Borough
maintenance project after notice from the Borough.
(3)
The removal of poles and attached appurtenances.
(4)
Facilities moved at the request of the Borough.
(5)
Reconstructing or maintaining their facilities which occupy
the right-of-way under private status.
4.
Additional Fees. If the Borough anticipates that the cost of reviewing
the required application information or inspecting the permitted work
will exceed the application or inspection fees listed in this section,
the following additional fees will be assessed:
A.
Additional Application Fee. The Borough will estimate the additional
amount of salary, overhead and expenses and prepare a reimbursement
agreement for execution by the applicant. Borough review of the permit
application will commence on the effective date of the agreement.
B.
Additional Inspection Fees. If the Borough determines that the permitted
work is of sufficient magnitude or importance to warrant assignment
of one or more persons to inspect the permitted work on a more than
periodic inspection basis, the permit will so indicate and the permittee
shall be charged for additional salary, overhead and expenses incurred
by the Borough for inspection.
C.
Charge Calculation. The charges will be calculated either on an actual
cost basis or a standard unit cost basis.
D.
Invoices. The Borough will provide an itemized invoice for additional
fees owed to the Borough.
5.
Refunds. The Borough will refund the general permit inspection fees
on unused permits. To be eligible to receive a refund, the permittee
shall deliver the request with the permittee's copy of the permit
to the issuing district permit office on or before the permit expiration
date.
6.
Miscellaneous Fees. The applicant shall pay for notary and recording
costs if it is determined by the Borough that the permit shall be
recorded in the office of the Recorder of Deeds of Westmoreland County.
[Ord. 534, 3/21/2012, § V]
1.
General Rule. Upon approval of an application submitted under this
part, a permit will be issued by the appropriate Borough official,
subject to this part and the conditions contained in the permit and
its attachments and supplements. The permit shall be the applicant's
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.
2.
Permit Requiring Agreement/Security. If the permittee will be authorized
to perform a substantial amount of work within the right-of-way, the
Borough may, at its discretion, require the applicant to execute an
agreement or provide security, or both, as a prerequisite to issuance
of the permit. If security is required, it shall be delivered to the
Borough in a form and amount acceptable to the Borough and shall guarantee
restoration and maintenance of the highway for a period of at least
two years after the acknowledged completion of the permitted work.
If the security is executed by a company registered and authorized
to do the business in this commonwealth, the following documents are
acceptable forms of security:
A.
An individual or blanket bond by a company authorized to do business
in the Commonwealth of Pennsylvania, executed by the permittee and
naming the Borough as obligee.
B.
An irrevocable letter of credit from a bank authorized to do business
in the Commonwealth of Pennsylvania and naming the Borough as sole
beneficiary, to be honored on presentment.
C.
An escrow account in a form acceptable to the Borough.
4.
Permit Supplements. The permittee may request a supplement to the
permit, an amendment to a permit condition, or an extension of the
permit expiration date. A permit is valid for a six-month period,
or multiples thereof as specified on the permit, subject to the following
conditions:
A.
If the permittee has not completed authorized work by the completion
date specified on 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 a bond, insurance or other
security required under this part, which extension of the bond, insurance
or other security corresponds with the permit time extension. The
permittee shall provide evidence of the extension to the Borough.
D.
No work may be performed on an expired permit until a time extension
supplement or new permit is obtained.
E.
No time extension supplement will be issued for a request received
after the expiration of the permit. In that case, an application for
a new permit must be submitted to the Borough.
5.
Work Completion Notification. When permitted work has been completed,
the permittee shall notify, in writing, the Borough.
6.
Permanent Permit Microfilm Record. The permit together with plans,
relevant correspondence and supplements issued will retained in the
Borough office.
7.
Photo-Documentation. At least 15 days prior to opening more than
500 linear feet of pavement or shoulder, or both, the permittee shall
deliver photo-documentation to the Borough verifying the preconstruction
condition of the pavement and shoulder surfaces in accordance with
the following:
A.
The pavement and shoulder that will be disturbed shall be photo-documented
in its entirety with color videotape or color film, at the Borough's
direction. Photo-documentation shall be compatible with the Borough's
viewing equipment.
B.
The permittee may, at the discretion of the Borough, submit color
slides or color prints in lieu of videotape or film, if each slide
or print is clearly labeled and arranged to verify the surface condition
of each successive 25 linear feet of pavement and shoulder that will
be disturbed.
C.
If photo-documented pavement and shoulder surface conditions or locations
are not discernible, complete or otherwise acceptable, the Borough
will either return the photo-documentation to the permittee for resubmission
or the Borough will create its own photo-documentation record and
shall be reimbursed by the permittee for the costs and expenses incurred.
Such reimbursement shall occur within 30 days after receipt of the
Borough's invoice.
D.
The date of photo-documentation shall be identified on each cartridge,
reel, slide, print or other medium.
E.
Photo-documentation of longitudinal openings less than 500 linear
feet in pavements or shoulders is recommended to avoid responsibility
for preexisting highway conditions.
[Ord. 534, 3/21/2012, § VI]
1.
General Rule. 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 procedure is adhered
to:
A.
Utility owners or operators may obtain emergency permit cards by submitting an application, on a Borough Form or on company stationary, to the Borough. The application shall be accompanied by a check or money order, in the amount specified in § 21-204 (relating to permit fees). The utility facility owner or operator shall promptly notify the Borough by telephone, when the necessity for an emergency repair occurs during the hours of 8:00 a.m. to 3:00 p.m., Monday through Friday. Emergency work occurring at other times shall be reported to the Borough on the following work day.
B.
Prior to opening the surface or placing utility facilities within
the right-of-way, the utility work crew shall enter the following
information on the emergency permit card in legible handwriting, using
indelible ink:
C.
The completed, original emergency permit card shall be located at
the work site and shall be available for inspection by any police
officer or representative of the Borough. Reproduced copies of the
original card shall not be valid.
D.
A permit shall be applied for within 15 days to confirm and set forth,
in detail, any work performed. The application number shall then be
entered on the emergency permit card by the applicant.
E.
Work performed under authority of an emergency permit card shall
conform to this part.
2.
Use of Card. An emergency permit card shall be valid for one year
or 25 emergency repairs, whichever occurs first.
A.
Emergency permit cards may be obtained by submitting an application
to the Borough listing thereon the number of emergency permit cards
desired.
B.
The utility shall be responsible for assigning the proper emergency
permit cards to its work crews.
C.
An emergency permit card shall be returned to the Borough within
15 days after either the twenty-fifth emergency repair authorized
by the card or one year from the card issuance date, whichever occurs
first.
[Ord. 534, 3/21/2012, § VII]
1.
The following conditions apply to permits issued under this part:
A.
Scope of Permit. The permit is binding upon the permittee, its agents,
contractors, successors and assigns.
(1)
The permittee is responsible for causing compliance with the
terms and conditions of the permit by its employees, agents and contractors.
(2)
The permit shall be located at the work site and be available
for inspection by a police officer or representative of the Borough.
(3)
The permit shall be maintained by the permittee as a permanent
record and remain in effect, subject to the permit conditions and
this part, as long as the permittee's facilities authorized by the
permit occupy the right-of-way.
(4)
Responsibility for compliance with the terms of the permit may
not be assigned or transferred by the permittee without first obtaining
approval from the Borough. Any attempted assigned or transferred without
first obtaining approval from the Borough shall be void and the permit
assigned or transferred shall also become void. A facility installed
under the authority of the permit shall be subject to removal at the
expense of the applicant to which the permit was issued or its assignees,
or both.
(5)
The permittee is liable to the Borough for failure to comply
with the permit and this part. The liability of the permittee to the
Borough does not preclude the permittee or the Borough from bringing
an action against the permittee's contractor, subcontractor, engineer,
architect, assignee, agent, workers, employees or other persons.
B.
Additional Restrictions. Work authorized by the permit is subject
to:
(1)
Applicable laws, rules and regulations, including but not limited
to:
(a)
The Act of October 26, 1972, (P.L. 1017, No. 247), 53 P.S. § 1611,
concerning environmental control measures related to pollution and
the preservation of public natural resources.
(b)
The Act of December 10, 1974, (P.L. 852, No. 287), 73 P.S. §§ 176
— 182, concerning protection of the public health and safety
by preventing excavation or demolition work from damaging underground
utility facilities.
(c)
The Clean Streams Law, 35 P.S. §§ 691.1 —
691.1001.
(d)
O.S.H.A. construction safety and health regulations at 29 CFR
1926.1 — 1926.1051.
(e)
Title VI, Civil Rights Act of 1964, 23 U.S.C. §§ 140
and 315, and implementing regulations.
(f)
The Federal Highway Program Manual — Volume 6, Ordinance
6, § 3.
(g)
Title 66 of the Pennsylvania Consolidated Statutes §§ 2701
— 2706 (relating to railroads), in instances where the Pennsylvania
Public Utility Commission has taken jurisdiction of a public rail-highway
crossing.
(2)
The rights of any person.
(3)
The conditions, restrictions and provisions of the permit.
C.
Work to Conform to Borough Standards. Work shall conform to Borough
standards, including the following:
(1)
The work shall be done at a time and in a manner consistent
with the safety of the public and conform to requirements and standards
of the Borough, as well as Publication 408 of the Department.
(2)
Highway materials shall be obtained from Borough approved sources
which are identified, at a minimum, as those sources approved for
the use of Liquid Fuel Funds by the Department. Upon request, the
permittee shall make available for review certifications for backfill
and restoration materials placed within the improved area.
(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 its own expense, to place the work in condition
to conform to the requirements or standards.
(4)
If a dispute arises between the permittee and the Borough's
inspector, the Borough's inspector has the authority to suspend work
until the question at issue may be referred to and decided by the
Borough Council.
(5)
Work not specifically regulated by this part shall be performed
as authorized by the Borough's Engineer.
D.
Permittee Responsibilities. Permittee responsibilities include the
following:
(1)
The permittee shall pay the costs and expenses incident to or
arising from the project, including the prescribed fees for the project,
the cost of making and maintaining temporary restoration of the disturbed
areas and making permanent restoration. The permittee shall reimburse
the Borough within 30 days after receipt of the Borough's invoice
for inspection costs which the Borough deems necessary to incur.
(2)
In the event of failure or neglect by the permittee to perform
and comply with the permit or this part, 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 its contractors, or both, from the legal limits of the right-of-way
and to restore the right-of-way, to its former condition. If the Borough
determines that the structures, equipment or property poses a threat
to the public safety and the permittee fails to remove it after notice
from the Borough to do so, the Borough Council or the Solicitor upon
direction of the Borough Council, or an attorney of a court of record
authorized by the Borough Council, is authorized to appear for the
permittee, and to enter an amicable action of ejectment and confess
judgment against the permittee. The Solicitor or any authorized attorney
is authorized to issue forthwith a writ of possession with a clause
of fieri facias for costs, without leave of court.
(3)
At the end of a workday, an opening in the right-of-way shall be covered, backfilled or protected under § 21-208, Subsection 4B, (relating to special conditions — subsurface operations). If work is stopped on a project, other than at the end of a normal workday, the permittee shall promptly backfill the opening and restore the surface, and work may not be resumed 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 practicable, and shall be reimbursed for the costs by the permittee within 30 days after receipt of the Borough's invoice.
(4)
If the permittee, after making an opening in the surface to place or repair a facility or for another purpose, fails to restore a portion of the right-of-way to conform with this section and §§ 21-208 and 21-209 (relating to special conditions, aboveground facilities), the Borough reserves the right to do the work upon notice to the permittee, if practicable, and the permittee shall reimburse the Borough for the costs within 30 days after receipt of the Borough's invoice.
(5)
If backfill or restoration work will be performed for the permittee
by a contractor, the permittee shall identify to the Borough both
its contractor and its inspector-in-charge who shall be assigned to
monitor backfill and restoration work performed within the improved
area. The permittee's inspector-in-charge, as well as the permittee,
is responsible for ensuring work is performed in compliance with the
permit, this part and Publication 408 and Design Manual, Parts 2 and
5 of the Department.
(7)
The permittee shall notify the Borough at least three full workdays
prior to the start of work when the permit identifies that the permitted
work will be inspected on a more than spot inspection basis.
E.
Altering Drainage Prohibited. Altering drainage shall be prohibited
by the following conditions:
F.
Equipment Damaging Highway. A highway 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 or equipment 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
material, thereby acknowledging its obligation and commitment to repair
or reconstruct the pavement and shoulder, if damaged, to its former
condition.
(3)
If the equipment damages the pavement or shoulders, the permittee
shall restore the damaged pavement or shoulder, or both, to its former
condition, in a manner authorized by the Borough.
(4)
The Borough may authorize the permittee to restore the pavement
or shoulder from superficial surface damage with a seal coat or surface
treatment.
G.
Work Zone Traffic Control. Maintenance and protection of traffic
shall be carried out by the permittee under 75 Pa.C.S.A. § 6123
(relating to erection of traffic-control devices while working) as
amended and supplemented, the approved traffic control plan and the
applicable provisions of the Department's current regulation(relating
to work zone traffic control).
H.
Highways under Construction. No permit application will be approved
for occupancy of a section of right-of-way within which a highway
construction or reconstruction project is underway, or if a contract
for such a project has been let, until the project is completed and
accepted by the Borough, unless the application is accompanied by
an attested certificate signed by the contractor or other authority
constructing the project, consenting to the proposed work of the applicant
within the right-of-way, together with a waiver, release and quitclaim
to the Borough of damages and defenses for delays by reason of that
work and occupation of the right-of-way by the permittee, or from
a cause resulting by reason of that work and occupation. This paragraph
does not apply:
(1)
To an emergency. In an emergency, the permittee shall procure the consent of the Borough to do the work as deemed necessary to correct the existing emergency condition under § 21-206 (relating to emergency work).
(2)
If the permittee has been authorized by the Borough to relocate
or adjust its facilities simultaneously with highway construction,
under applicable provisions of this part or Department standards.
I.
Sharing Facilities. Sharing facilities is encouraged and may be authorized
under one permit in accordance with the following:
(1)
Aboveground. Notwithstanding Subsection 1A(4), the permittee may authorize others to share and use facilities already authorized by a permit, on other than limited access highways, if attachments by others to its facilities are in compliance with this part and the permit.
(2)
Subsurface. The application shall identify a facility that will
be sharing a trench or structure with the facilities of the applicant.
J.
Indemnification. Indemnification of the Borough for property and
personal injury will be governed as follows:
(1)
The permittee shall fully indemnify and save harmless and, if
requested, defend the Borough, its officers, agents, consultants 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, consultants or 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
instance of or with the approval or consent of the permittee, including
a failure of the permittee or a person to comply with the permit or
this part.
(2)
The permittee shall have the Borough added as an additional insured to its or its contractor's insurance policy to secure the permittee's indemnification of the Borough for property damage and personal injury under this paragraph. The coverage of the Borough as an additional insured shall be limited to the acts or omissions of the permittee or its contractor, as described in Subsection 1J(1). The amount of insurance shall be at least $500,000 per person and at least $1,000,000 per occurrence, or other amounts as the Borough may establish by resolution. The policy shall be of a time duration satisfactory to the Borough and shall provide, at a minimum, or a thirty-day notice of cancellation or termination to the Borough.
K.
Insurance. The permittee shall obtain, prior to the start of work,
a policy of insurance, issued by an insurer having a certificate of
authority and a licensed agent authorized to transact the business
of insurance in this commonwealth, in accordance with the following
conditions:
(1)
The permittee or its contractor shall obtain insurance for public
liability and property damage, in form, amount and duration satisfactory
to the Borough to cover a loss that may be incurred for construction,
reconstruction, repair, relocation or installation of the permitted
structure or facilities.
(2)
If blasting is authorized by the permit under Subsection 1M, the insurance coverage shall include property damage and personal injury occasioned by blasting. In addition, the insurance policy shall provide coverage for damage to the highways, highway structures and appurtenances or other Borough property and shall be in an amount satisfactory to the Borough.
(3)
Upon request, the permittee shall deliver to the Borough certificates of insurance evidencing that the insurance coverage required under Subsection 1K(1) and (2) has been obtained. The Borough may accept a formalized plan of self-insurance as a substitute for the insurance described in this subparagraph.
(4)
The permittee's obligations to indemnify the Borough and obtain insurance to secure indemnification under Subsection 1J and its obligations to restore the highway and obtain a bond relating to restoration under Subsection 1O are separate obligations from obtaining insurance for the purposes required under this paragraph. Obtaining insurance under this paragraph does not relieve the permittee of its obligations under Subsection 1J and O.
L.
Blasting. Blasting requirements include the following:
(1)
No pre-drilling or blasting may be performed within the right-of-way unless authorized by the permit and until the permittee provides insurance for property damage and public liability under Subsection 1K.
(2)
The blaster's license number shall be furnished upon request.
(3)
No blasting will be permitted within 50 feet of the nearest
part of a bridge, box or culvert.
M.
Maintaining Structure or Facility. As long as the permittee operates
and leaves in place structures or facilities, in, upon or along the
right-of-way, the permittee shall maintain and keep them in good order
and repair.
N.
Damaged Structure or Facility to Be Repaired. If a structure or facility becomes damaged or is an unsafe of dangerous condition, the permittee shall promptly have it removed, repaired or otherwise made safe. The permittee is responsible for repair or restoration of the portion of the highway damaged, injured or destroyed by a structure or facility. The permittee's obligation to repair or restore the highway necessitated by a damaged structure or facility under this paragraph is separate from the obligations to restore the highway and obtain a bond relating to restoration and maintenance of the highway under § 21-205, Subsection 2, (relating to issuance of permits). Compliance with Subsection 1O does not relieve the permittee of its obligations under this paragraph.
O.
Damage to Highway. Responsibility of the permittee for restoration
of the highway includes the following:
(1)
If there is a failure of the highway, including a slope or other
appurtenance thereto, in the area of the permitted work within two
years after the acknowledged completion of the permitted work and
there is no similar failure of the highway beyond the area of the
permitted work, the permittee has absolute responsibility to make
temporary and permanent restoration of this area unless the permittee
delivers clear and convincing evidence to the Borough demonstrating
that the highway failure was caused by another person.
(2)
In situations where the permittee has the responsibility to restore the highway, including slope or another appurtenance thereto, under Subsection 1O(1), the permittee has the duty to restore the improved area in accordance with the permit. If the permittee fails to restore the improved area properly, the Borough will have the authority to do the work at the expense of the permittee. The permittee shall reimburse the Borough for the costs within 30 days after receipt of the Borough's invoice.
(3)
The obtaining of a bond, other security or an agreement described in § 21-205, Subsection 2, to secure restoration costs does not relieve the permittee of the restoration obligations imposed by Subsection 1O(1) and (2), nor does it relieve the permittee of its obligations under Subsection 1J and K. The obtaining of a bond, other security or an agreement will not act as a release of the permittee from liability under principles of tort law with respect to a failure of the highway in the permitted area occurring after the expiration of the bond, other security or agreement.
P.
Future Highway Changes. If in the future the highway is altered for
public convenience or necessity, the permittee shall at its own cost
and expense, change or relocate all or a part of the structures or
facilities authorized by the permit which interfere with the highway
alterations or which is inconsistent with the purpose of the highway
alterations.
Q.
Acknowledgment by Inspector. Acknowledgment, by the 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 waiver by the Borough of its right to seek performance or restitution
from the permittee.
R.
Record Examination. Upon request, permit records, restoration records
and emergency work records shall be made available for examination
by the Borough, the commonwealth and appropriate.
[Ord. 534, 3/21/2012, § VIII]
1.
Drilling, Boring, Driving or Tunneling Across Improved Area. Drilling,
boring, driving or tunneling across improved areas shall comply with
the following conditions:
A.
When crossing under an improved area, the opening for a utility facility
shall be drilled, bored, driven or tunneled a minimum depth of three
feet from the surface to the top of the opening.
(1)
If the facility or its casing is 30 inches or greater in diameter,
the bored cylindrical space surrounding either an uncased facility
or a facility casing shall be filled with grout, in a manner authorized
by the Borough.
(2)
Jet or other non-mechanical boring methods are prohibited. Water
may be used under low pressure only to cool the drill bit and to facilitate
removal of cuttings from the bore opening, if retrievable liquid is
immediately removed from the boring pit.
B.
No openings for the purpose of placing utility facilities or other
structures under the improved area by drilling, boring, driving or
tunneling may be made closer than three feet to the edge of the shoulder,
unless the permit authorizes a lesser clearance.
C.
A facility or other structure crossing under the improved area shall
be constructed to assure the safety of the traveling public and to
preclude the necessity of entering upon the improved area to effect
future maintenance or replacement. The facilities shall comply with
the Department's design standards.
2.
Trenching Across the Improved Area. Trenching across an improved
area may be performed only when specifically authorized by the permit,
in accordance with the following:
A.
The top of every utility facility shall be installed at least three
feet beneath the surface.
B.
Trenching across the improved area may be authorized by the permit
where drilling, boring, driving or tunneling are:
(1)
Not feasible because:
(a)
The subsurface is solid rock, as documented with satisfactory
evidence such as drill records, or where boring was attempted without
success.
(b)
There are other facilities located longitudinally under the
improved area and their location precludes methods other than trenching,
as documented with a detailed plan.
(c)
Adjacent development in a very congested urban area makes the
construction of a tunneling or boring shaft impossible.
C.
When trenching is authorized by the permit, the trenching operation
shall be performed by one of the following methods:
(1)
Utility facility placed in one piece across highway.
(a)
Traffic shall be routed over half of the pavement width.
(b)
The closed half of the pavement shall be opened to the required
depth and bridged with steel plates.
(c)
Traffic shall be shifted to the bridged half of the pavement.
(d)
The remaining half of the pavement shall be opened to the required
depth.
(e)
The facility shall be placed full width.
(f)
The open trench shall be backfilled and restored half-width
in accordance with this section.
(g)
Traffic shall be shifted to the restored half of the pavement.
(h)
The bridging shall be removed and the remaining half of the
trench shall be backfilled and restored in accordance with this section.
(2)
Utility facility placed in more than one piece across highway.
(a)
Traffic shall be routed over one-half of the pavement width.
(b)
The closed 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.
(c)
Traffic shall be shifted to the restored half of the pavement.
(d)
The remaining half of the pavement shall be opened to the required
depth, the facility placed and the trench backfilled and restored
in accordance with the provisions of this section.
D.
The permittee shall protect its openings to provide for the safety
of the traveling public, including motorists, bicyclists and pedestrians.
E.
The permit may authorize the placement at depths less than three
feet of traffic signal detectors or other highway facilities which
are not capable of operating more than three feet below the surface.
3.
Openings Parallel to the Highway. Requirements for openings parallel
to the highway are as follows:
A.
A utility facility shall be placed outside the pavement and shoulder
unless there is no feasible space outside the pavement and shoulder
for placing the facility, in which case occupancy within the pavement
or shoulder may be authorized by the permit.
B.
The top of a utility facility shall be installed at least three feet
beneath the surface.
C.
On an unpaved highway, the near edge of the opening shall be at least 12 feet from the general center line of the traveled highway, or as authorized in Subsection 12.
D.
No opening may be made for more than 200 linear feet at one time,
unless authorized by the permit.
E.
The permittee shall protect its openings to provide for the safety
of the traveling public, including motorists, bicyclists and pedestrians.
4.
Daily Stoppage of Work Requirements. Daily stoppage of work requirements
include the following:
A.
Except for emergency repairs of utility facilities, work within the
pavement or shoulder shall be stopped prior to peak traffic hours
that may exist on a particular highway on a particular day and as
specified in the permit.
B.
At the end of each workday, an opening in the right-of-way shall
be one of the following:
(1)
Covered with steel plates or bridging over openings which are
less than six feet in either length or width. 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 Subsection 7 to the bottom elevation of the pavement or base course, or to the original surface elevation if outside the pavement and shoulder, and protected under statutory and Department regulations relating to work zone traffic control and an approved traffic control plan until the surface is restored to its former condition.
C.
The permittee shall protect its openings to provide for the safety
of the traveling public, including motorists, bicyclists and pedestrians.
5.
Plowing Operations. Plowing operations shall comply with the following:
A.
No plowing will be permitted within the right-of-way, unless authorized
by the permit.
B.
Plowing operations will not be authorized in the pavement or paved
shoulders.
C.
Plowing operations in unpaved shoulders are not allowed from December
through March inclusive or at other times when there is frost in the
top three feet beneath the surface.
D.
No plowing is authorized within three feet from the edge of the pavement.
A greater distance shall be attained wherever possible.
E.
The opening shall be a minimum depth of three feet. If this depth
cannot be consistently maintained, the proper depth shall be achieved
by trenching.
F.
The utility facility shall be installed under any structures that
are less than three feet deep. Disturbed structures shall be repaired
or replaced by the permittee.
G.
The disturbed area shall be restored in conjunction with the plowing operation. Heaved surfaces shall be scarified to a depth of at least four inches, extending at least one foot on either side of the heaved area for the entire length of the heaved area. The disturbed area shall then be graded, backfilled where necessary, and compacted until the disturbed area is restored to a condition at least equal to that which existed before plowing. Disturbed shoulders shall also be restored under Subsection 10.
6.
Disposition of Materials. The responsibility of the permittee for
disposition of materials is as follows:
A.
The permittee shall keep the improved area free of material which
may be deposited by vehicles traveling upon or entering onto the highway
during the performance of work authorized by the permit.
B.
The permittee is responsible for controlling dust conditions created
by its own operations.
C.
Excess material and material that is not suitable for backfill shall
be promptly removed and properly disposed of outside the right-of-way
as the work progresses.
E.
The permittee is not authorized to close a portion of the pavement
or shoulder to traffic for the primary purpose of storing material.
If the permittee stores material on the pavement or shoulder, the
permittee thereby acknowledges its obligation and commitment to repair
or reconstruct the pavement and shoulder, if damaged, to its former
condition, in a manner authorized by the Borough. Delivered material
may not be stored overnight on the pavement.
F.
The Borough may authorize the permittee to restore the pavement or
shoulder from superficial surface damage with a seal coat or surface
treatment.
7.
Backfilling. An opening shall be backfilled by the permittee in accordance
with the following:
A.
The opening may first be backfilled with fine aggregate material, meeting the requirements of § 703.1 of Publication 408 of the Department, or granular material to protect the facility, placed to a height not to exceed one foot over the top of the facility, if the material is compacted in not more than four-inch loose layers or as authorized under Publication 408 of the Department. To help protect its facility from future excavations, the permittee is encouraged to place a permanent ribbon colored under Subsection 12 at least one foot above its facility. If the facility is nonmetallic, the permittee is also encouraged to place a metallic ribbon at a depth from which the ribbon can be sensed by typical metal locating instruments.
B.
The opening shall then be backfilled with select granular material, unless retained suitable material, as defined in § 21-201 (relating to definitions), is authorized or other coarse aggregate material meeting the requirements of § 703.2 of Publication 408 of the Department is specified in the permit. Select granular material or other aggregate material will be required for use as backfill of openings in pavements, paved shoulders and improved (for example, oil and chip) shoulders as well as unimproved (for example, stabilized or earth surface) shoulders within three feet of the edge of pavement. Retained suitable material will normally be authorized for use as backfill of openings outside shoulders and in unimproved shoulders more than three feet outside the edge of pavement and up to within three feet of the surface.
C.
Backfill shall be compacted as follows:
(1)
General Rule. Except as provided in Subsection7C(2) backfill
material shall be placed in loose layers not to exceed eight inches
if vibratory compaction equipment is used or as authorized under Publication
408 of the Department. Each layer shall be thoroughly compacted to
preclude subsidence, under § 601.3(e) of Publication 408
of the Department.
(2)
Compaction Outside Pavement and Shoulders. At least 15 days prior to the start of work, the applicant may submit its written compaction plan to the Borough requesting backfill in an opening outside the pavement and shoulder to be placed in layers thicker than eight inches prior to compaction. The compaction plan shall include full details on equipment, materials and work methods as well as the permittee's acknowledgment of its obligation and commitment to regularly monitor the restored surface until two years after the acknowledged completion of the permitted work and to promptly correct failure or subsidence of the highway. The district may condition its approval of a compaction plan on the execution of a bond under § 21-205, Subsection 2, (relating to issuance of permits), if a part of the opening is within the improved area.
(3)
Existing Pavement Elevation. Compaction shall be completed to
the bottom elevation of the existing pavement.
D.
The Borough may require the permittee to have material proposed for
use as backfill and compacted material tested, at the expense of the
permittee, for conformance to the applicable gradation and compaction
requirements of Publication 408 of the Department.
E.
Openings made in the pavement or shoulder under § 21-206 (relating to emergency work) may be immediately backfilled with excavated material that is treated with a recognized chemical soil stabilizer at a minimum rate of 100 pounds stabilizer per cubic yard of backfill, if the stabilized backfill is compacted under Subsection 7C.
F.
Test holes shall be backfilled, as soon as safely possible, with existing type material or other material authorized by the Borough, and sealed under Subsection 15. The Borough may authorize test holes in the pavement or shoulder to be restored without a one-foot cutback of the surrounding surface.
8.
Restoration of Flexible Base Pavements. Base and surface restoration of flexible base pavements shall be performed under this subsection and as specified in the permit. Prior to replacement of the base course, one foot outside of each 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 the detached material shall be removed. Other surface opening methods such as cutting may be authorized if the methods result in the opened pavement having a neat straight vertical line. See Subsection 11.
A.
Exposed vertical and horizontal surfaces shall be prepared under
§ 401.3(f) of Publication 408 of the Department.
B.
The base course shall consist of bituminous concrete meeting the
requirements of § 309 of Publication 408 of the Department
or other base course material authorized by the Borough. The base
course material shall have a minimum depth of five inches or a depth
equal to the existing base course, whichever is greater.
C.
If required, the binder course shall consist of Superpave 19mm binder
course material meeting the requirements of § 409 of Publication
408 of the Department. The binder course shall have a minimum depth
of two inches of Superpave 19mm binder course or a depth equal to
the existing binder course, whichever is greater.
D.
The wearing course shall consist of Superpave 9.5mm wearing course
material meeting the requirements of § 409 of Publication
408 of the Department. The wearing course shall have a minimum depth
of 1 1/2 inches of Superpave 9.5mm wearing course, or a depth
equal to the existing wearing course, whichever is greater.
E.
In addition, the Borough or its designated representative shall determine
the required performance graded asphalt, equivalent single axle loads
(ESAL's) and skid resistance level (SRL) of the aggregate.
9.
Restoration of Plain or Reinforced Cement Concrete Pavements. Base and surface restoration of plain or reinforced cement concrete pavements shall be performed under this subsection and as specified in the permit. Drilling is not permitted where sawing or cutting is required. See Subsection 11.
A.
Prior to replacement of the pavement, one foot outside of each edge
of the opening shall be sawed the full depth of pavement in a neat
straight line. The detached material shall be removed without damaging
the adjacent pavement. The use of a pavement breaker is prohibited.
The permittee may partially saw cut the pavement to a depth of at
least three inches and cut the remaining pavement with a jackhammer
weighing no more than 90 pounds, if:
B.
The replacement pavement shall consist of high early strength concrete
equal in depth to the original concrete pavement or to a depth of
eight inches, whichever is greater.
C.
On existing reinforced cement concrete pavements that are opened
for more than six feet in either length or width, reinforcing steel,
expansion tie bolts and load transfer devices shall be placed in accordance
with Roadway Construction Standard RC-26 (relating to concrete pavement
maintenance).
E.
The surface shall be restored as follows:
(1)
After surface corrections have been completed and before the
concrete becomes non-plastic, the surface shall be given a textured
finish that matches the existing adjacent surface. The surface shall
be cured under § 501.3(k) of Publication 408 of the Department.
10.
Shoulder Restoration. Shoulder restoration shall be performed under this subsection and as specified in the permit. See Subsection 11.
A.
Paved Shoulders. Paved shoulders shall be reconstructed and restored
to a serviceable condition, of the same type as existed before the
start of work, under §§ 651, 653, 654, 656, 657 or
658 of Publication 408 of the Department, and Roadway Construction
Standard RC-25.
B.
Other Shoulders. Other shoulders shall be restored as follows:
(1)
The surface shall be restored with at least two inches of select
granular material, or as authorized by the Borough.
(2)
If the length of the open shoulder exceeds 100 linear feet,
the shoulder shall be graded, rolled and, unless excused, penetrated
with bituminous material specified in § 461 of Publication
408 of the Department, at a minimum rate of .20 gallon per square
yard and chipped or lightly sanded to prevent tracking of oil onto
the pavement.
C.
Outside Existing Shoulder. If the disturbed area extends outside
the existing shoulder, the disturbed area outside the restored shoulder
shall be properly graded and a ditch line shall be constructed wherever
necessary to maintain highway drainage.
11.
Temporary Pavement Restoration. Temporary restoration of a pavement
or paved shoulder may be required by the Borough prior to permanent
restoration, under the following:
A.
The base shall consist of compacted select granular material with
a surface of two-inch bituminous material. If 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 § 350.2 of Publication 408 of the Department.
B.
Temporary pavement restoration shall be completed before traffic
is allowed to travel on the disturbed area. The temporary pavement
may be kept in place for up to six months or as specified in the permit,
if it is properly maintained.
12.
Paint Identification. Upon completion of pavement or paved shoulder
restoration, the restoration date shall be painted immediately adjacent
to the restored cut but not in an area where tires normally contact
the pavement. The painted date shall indicate the month and year numerically.
The numerals shall be six to nine inches in height. The paint shall
be color coded as follows: blue (water), yellow (gas-petroleum), red
(electric), orange (communications) and green (sewer). The paint shall
be maintained for two years after the acknowledged completion of the
permitted work. If the pavement or shoulder is being overlayed for
more than 100 linear feet, the Borough may, upon request, exempt the
permittee from complying with this subsection.
13.
Appurtenances to Underground Installations. Requirements relating
to appurtenances to underground installations shall include:
A.
The top of every manhole, valve box or other access to the facility
shall be at the same elevation as the surface in which it is located.
B.
The surface surrounding manhole covers located in paved shoulders
shall be paved with four inches bituminous concrete base course a
distance of at least one foot around the structure to prevent washouts.
C.
A manhole, including those cast-in-place, shall be constructed in
compliance with current industry standards and § 713.2(c)
of Publication 408 of the Department.
14.
Additional Restoration. Additional restoration shall be required
as follows:
A.
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" of the Department.
Additional restoration may also be required, upon written notification,
to restore the structural integrity of the pavement or shoulder.
B.
If the permittee opens pavement having a bituminous concrete surface
and the Borough'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:
(1)
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 Borough.
(2)
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 Borough.
(3)
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 Borough.
(4)
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 inch or the depth of the existing surface course, whichever
is less, for the length of the opening to insure 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.
(5)
If disturbed lanes adjacent to shoulders are overlayed, the
shoulder shall be raised, with material and in a manner authorized
by the Borough for the type of existing shoulder, so that the overlaid
pavement and shoulder edges are at the same elevation.
C.
Regardless of the age of the wearing course:
(1)
If more than 100 linear feet of longitudinal or transverse openings,
or both, are made in the pavement, the Borough 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 Borough determines
that the rideability or structural integrity of the pavement has been
impaired by the openings.
(2)
If four or more openings are made by the same permittee within
100 linear feet of pavement, the Borough may require the permittee
to restore the entire disturbed pavement between the openings by milling,
planning or other authorized method and overlaying the entire disturbed
pavement.
D.
Aggregate used in a bituminous overlay wearing course shall comply
with skid resistance level (SRL) criteria of the Department.
E.
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.
F.
At each end of an overlay, the permittee shall install a paving notch,
under Roadway Construction Standard RC-28, by milling, planning or
other authorized method and provide a minimum ten-foot transition.
G.
The transition areas at each end of an overlay shall follow the contour
of the surrounding surface.
H.
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 the regulations
of the Department 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.
15.
Sealing. Restored openings in the pavement or paved shoulder shall
be sealed under § 401.3(j)(3) of Publication 408 of the
Department in the case of bituminous concrete or § 501.3(n)
of Publication 408 of the Department in the case of cement concrete.
[Ord. 534, 3/21/2012, § IX]
1.
General Rule. A permit will not be issued to install aboveground
facilities at a location which the Borough determines to have a high
accident potential.
2.
Location of Aboveground Facilities. The location of an aboveground
facility shall be:
A.
Within non-limited access right-of-way.
(1)
New poles and other aboveground facilities shall be installed
outside the highway clear zone as near the right-of-way line as practicable,
under the permit and applicable provisions of Design Manual, Parts
2 and 5 of the Department.
(2)
Replacement of poles and other aboveground facilities shall
comply with the permit and applicable provisions of Design Manual,
Part 5 of the Department.
(3)
Installation of poles and other aboveground facilities in locations
where highway guide rail or curb exists shall comply with the permit
and applicable provisions of Design Manual, Parts 2 and 5 of the Department.
B.
Installation of poles, guys and other aboveground facilities within limited access right-of-way shall comply with applicable provisions of the Federal Highway Program Manual, Volume 6, Chapter 6, § 3; the A.A.S.H.T.O. "Policy on the Accommodation of Utilities on Freeways"; and Design Manual, Part 5 of the Department.
3.
Location of Wires, Cables or Conductors. A wire, cable or conductor
which overhangs a portion of the right-of-way shall be placed to provide
a minimum vertical clearance of 18 feet over the pavement and shoulder,
except where the National Electrical Safety Code requires vertical
clearances in excess of 18 feet due to voltage or span lengths.
5.
Identification of Poles. A pole shall bear the name or initials of
the facility owner and the pole numbers assigned by the facility owner.
6.
Seismograph — Vibroseis Method. Seismograph — vibroseis
method shall comply with the following:
A.
Seismograph operations by other than the vibroseis method will not
be permitted.
B.
A permit will not be issued to authorize seismograph operations within
limited access highway right-of-way.
C.
Wherever possible, seismograph operations shall be performed entirely
off the pavement and shoulder to lessen interference to traffic.
7.
Modular concrete replacement units, metal reinforcing collars and
similar devices.
A.
Modular concrete replacement units, metal reinforcing collars and
similar devices may not be placed in Borough highway right-of-way
unless located:
(1)
Thirty feet or more beyond the edge of pavement under Design Manual, Part 2, Chapter 12 of the Department.
(2)
At the top of a slope (2:1 or greater) or at least eight feet
beyond the toe of the slope.
(3)
Beyond parallel drainage ditches.
(4)
Beyond the specified deflection distance for the type guide
rail in front of the location, under Design Manual, Part 2 of the
Department.
B.
No permit will be issued for the placement of a new facility, or for the repair, modification, reinforcement or replacement of an existing facility, by modular concrete replacement units, metal reinforcing collars or similar devices unless the facility is located in compliance with Subsection 7A.
[Ord. 534, 3/21/2012, § X; as amended by A.O.]
1.
License Required. No person may attach a utility facility to a Borough
bridge or modify an existing facility until the owner of the utility
facility has obtained a license from the Borough under this part.
2.
Application Procedure.
A.
General. A separate bridge license application shall be completed and signed by the facility owner and submitted to the Borough bridge engineer for each utility facility and for each bridge. An application from a facility owner not in the business of providing utility service shall identify how the public will benefit from the occupancy and shall furnish other information as may be required by § 21-203, Subsection 2B, (relating to permit application procedure). License applications shall be submitted at least 60 days prior to the anticipated start of work.
B.
Plans. Plan requirements are as follows:
(1)
Bridge License Application. Three sets of plans shall accompany
the bridge license application. A fourth set of plans is required
when a part of the work involves Interstate highway right-of-way.
The plans shall have a horizontal scale of one inch equal to no more
than 20 feet, and shall clearly illustrate the location and pertinent
dimensions of both the proposed installation and related highway and
bridge features. The plans shall also show the installation in plan
and elevation, unless excused, with a cross section and enlarged details
of the installation showing appurtenances, such as brackets, inserts,
supports, couplings, encasements, hangers, sleeves, insulators, fabricated
structural steel, if required, crossarms and poles. The details shall
be complete throughout the entirety of the structure including treatment
at the diaphragms and abutments.
(2)
Traffic Control Plans.
(a)
Three sets of traffic control plans shall be submitted in the
following situations:
(b)
The Borough may require an applicant to submit a traffic control
plan under other special circumstances.
(c)
Traffic control plans shall comply with 75 Pa.C.S.A. § 6123
(relating to erection of traffic-control devices while working) as
amended and supplemented and the applicable provisions of the regulations
of the Department relating to work zone traffic control.
(d)
Traffic control plans shall clearly indicate how the work area
and vehicular and pedestrian traffic will be protected, maintained
and controlled.
C.
License Fees. A check or money order, payable to the Borough, shall
accompany a bridge license application in the appropriate amount under
this paragraph.
(1)
Issuance fee — in an amount as established, from time
to time by resolution of Borough Council.
(2)
Inspection fee — in an amount as established, from time
to time by resolution of Borough Council.
(3)
Accommodation fee (each 1,000 pounds or fraction thereof) —
in an amount as established, from time to time by resolution of Borough
Council.
(4)
Annual rental fee (each 1,000 pounds or fraction thereof) —
in an amount as established, from time to time by resolution of Borough
Council.
(5)
Accommodation and annual rental fee weights shall be calculated
to include the ultimate weight of the utility facility and contents,
running full, as well as appurtenances, including the weight of 1/2
inch of ice or sleet on listed items exposed to the elements on any
part of the bridge or structure.
(6)
License fees will not be assessed against the following entities:
(7)
The annual rental fee is payable upon receipt of an invoice
from the Borough.
3.
Issuance of License.
A.
Upon approval of an application made under this part, a license will
be issued by the Borough, subject to this part and the conditions
contained on the license and its attachments. The license shall be
the applicant's authority to proceed with the work specified in the
license. A copy of the license, application and authorized plans shall
be available for inspection at the work site.
B.
A license shall be issued only to the owner of the utility facility.
A license will not be issued to a contractor nor to persons only being
serviced by the facility.
C.
The license shall be maintained by the licensee as a permanent record.
A license shall be valid until revoked by the Borough or until the
Borough ceases to be responsible for the bridge for which the license
is granted or until the bridge is reconstructed or relocated, at which
time a new license application may be submitted to the Borough.
4.
License Conditions. The provisions of this part governing permits
and permittees, except those that are not technically feasible, are
incorporated herein by substituting license and licensee for permit
and permittee, respectively. The following conditions apply in addition:
A.
The license authorizes only those facilities specifically designated
on the license.
B.
Work authorized by the license is subject to laws or regulations
which give jurisdiction to the Army Corps of Engineers, Pennsylvania
Public Utility Commission, or other federal, state or local authority
having jurisdiction over any aspect of the location, construction
or maintenance of the licensee's facility. The licensee is responsible
for complying with Department of Environmental Protection license
requirements under 25 Pa. Code, Chapter 105 (relating to dam safety
and waterway management).
C.
The licensed work shall be done at a time and in a manner consistent
with the safety of the public and conform to requirements and standards
of the Borough, including, but not limited to, Publication 408 of
the Department and acceptable practices of the industry not inconsistent
therewith.
D.
The licensee shall pay fees, costs and expenses incident to or arising
from the project, including the cost of related highway or bridge
improvements which the license work may necessitate.
E.
No license application will be approved for occupancy of a section
of right-of-way within which a highway or bridge construction project
is underway, or if a contract for the project has been let, until
the project is completed and accepted by the Borough, unless the applications
are accompanied by an attested certificate signed by the contractor
or other authority constructing the project, consenting to the applicant's
proposed work within the right-of-way, together with a waiver, release
and quitclaim to the Borough of damages and defenses for delays by
reason of the work and occupation of the right-of-way by the licensee,
or from a cause resulting by reason of the work and occupation. This
paragraph does not apply:
(1)
To an emergency. In an emergency, the licensee shall obtain
the consent of the Borough to do work necessary to correct the existing
emergency condition.
(2)
If the licensee has been authorized by the Borough to relocate
or adjust its facilities simultaneously with the highway or bridge
construction, under Design Manual, Part 5 of the Department.
F.
If the bridge is reconstructed or relocated, the privilege granted
in this subsection ceases and the licensee shall bear the expense
of reconstruction as will be necessary if the privilege is to be continued
for the benefit and at the request of the licensee.
G.
The licensee shall notify the Borough at least one week prior to
the start of work and notify the district maintenance office at least
one week in advance of maintenance work.
H.
Upon notification that the Borough has scheduled maintenance painting
of a bridge, the licensee shall, unless excused, have its attached
facilities promptly painted in accordance with specifications furnished
by the Borough or enter into an agreement with the Borough's contractor
for the painting of its facilities.
I.
If in the future the licensee desires to change, alter or remove
a structure or property belonging to it from the bridge or highway,
it may do so upon approval of an amended application, if disturbed
parts of the bridge or highway are restored at the expense of the
licensee, as directed by the Borough.
J.
If the rent remains unpaid on a day when it is due, including default
on a check submitted in payment of rent and after 15 days' notice
of default:
(1)
A prothonotary, the Borough Solicitor or an attorney of a court
of record authorized by the Borough Council is empowered to appear
for the licensee in actions which may be brought for rent or to sign
for the licensee an agreement for entering in a competent court an
amicable action for the recovery of rent or other charges or expenses;
and in the suit or in the amicable action, to confess judgment against
the licensee for all or a part of the rents specified in this license,
and then unpaid, and for interests and costs, together with attorney's
commission of 10%. The authority will not be exhausted by one exercise
thereof, but judgment may be confessed from time to time as often
as rent is in arrears.
(2)
The Borough may revoke and annul the license and order and direct
the licensee to remove structures, equipment or property belonging
to the licensee or its contractors from the bridge or legal limits
of the right-of-way and to restore the right-of-way to its former
condition. If the licensee fails to remove the structure, equipment
or property after notice from the Borough to do so, the Borough or
an attorney of a court of record is authorized to appear for the licensee,
and to enter an amicable action of ejectment and confess judgment
against the licensee. The attorney is authorized to issue a writ of
possession without leave of court, at the cost of the licensee.
K.
Facility occupancy of Borough bridges shall comply with applicable
provisions of Design Manual, Part 5 of the Department.
[Ord. 534, 3/21/2012, § XI; as amended by A.O.]
1.
General Rule. Violation of this part or the permit requirements constitutes
grounds for imposition of the following penalties:
A.
Upon receipt of oral or written notice of violations from the authorized
representative of the Borough or a police officer whose jurisdiction
includes the permitted work area, the permittee shall cease to perform
any further work in the permitted area except to restore the area
to a safe condition. No further work may commence in the permitted
area until the violations have been remedied. Where the permittee
has received oral notice of the violations, written notice shall be
sent to the permittee within 10 days of receipt of the oral notice.
B.
Confiscation of the applicant's permit or emergency permit card by
any police officer or authorized representative of the Borough.
C.
Revocation of the applicant's permit or emergency permit card by
the Borough.
D.
Removal of facilities installed without a permit or in violation
of the provisions of this part.
E.
In addition, fines, imprisonment or other costs, expenses and penalties
shall be imposed as follows:
(1)
Any person, firm or corporation who shall violate any provision
of this part, upon conviction thereof in an action brought before
a magisterial district judge in the manner provided for the enforcement
of summary offenses under the Pennsylvania Rules of Criminal Procedure,
shall be sentenced to pay a fine of not more than $1,000, together
with all court costs, and any and all expenses, costs and fees incurred
by the Borough in the investigation and prosecution of such violation,
including reasonable attorney and engineering fees, incurred by the
Borough, and, in default of payment of said fine and costs, to a term
of imprisonment not to exceed 90 days. Each day that a violation of
this part continues or each section of this part which shall be found
to have been violated shall constitute a separate offense.
F.
Each day that a violation exists shall be a separate offense under
the terms of this part.
2.
Additional Grounds for Revocation. Additional grounds for revocation
shall be as follows:
A.
The Borough may revoke a permit whenever it determines that the permitted
facility is not being maintained, is in violation of a condition of
the permit or this part, constitutes a hazard to traffic or interferes
with the proper use of the highway by the Borough or the public.
[Ord. 534, 3/21/2012, § XII]
1.
General Rule. When a term or condition of this part cannot be met,
an applicant may request, in writing, that the Borough modify that
term or condition if it is not required by law, under the following:
A.
The applicant has done all that can reasonably be done to comply
with the term or condition.
B.
The proposed modification satisfies the intent of the term or condition
to be modified.
C.
The proposed modification represents the minimum feasible deviation
from the term or condition to be modified.
D.
The reason for the requested modification is infeasibility of meeting
the exact terms or conditions of this part rather than mere economic
benefit to the applicant.
2.
Modification Granted. If a requested modification is granted, the
permit will specify the allowable modification. The granting of a
modification will be predicated on the applicant's complying with
the following:
C.
Unless the applicant is excused in writing, obtaining public liability
insurance for personal injury and property damage on behalf of the
Borough, its officers, agents, consultants and employees, in a form
and amount acceptable to the Borough, for the life of the facility.
D.
Permit conditions, which may include use restrictions, special traffic
control devices or safety features.
3.
Third Parties. The modification of a term or condition by the Borough
does not create rights in a third party, nor does a waiver act as
a modification of the common law duty of the applicant to relocate
its facilities upon demand by the Borough to another location within
the right-of-way at the sole cost of the applicant.
