Borough of Manor, PA
Westmoreland County
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Table of Contents
Table of Contents
[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:
ACKNOWLEDGMENT OF COMPLETION
The date on which the Borough records that permitted work appears to be completed under the permit and this part.
ADJACENT AREA
The area surrounding the immediate area of the permitted work which can reasonably be assumed to have been affected by the permitted work.
BACKFILL
Material used to replace or the act of replacing material removed during construction.
BASE COURSE
The layer or layers of specified or selected material or designed thickness placed on a subbase or a subgrade to support a surface course.
BRIDGE
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.
CLEAR ZONE
The portion of right-of-way beyond the pavement edge within which, under the Borough's standards, no new obstructions may be located.
CULVERT
A structure under the pavement with an opening of 20 feet or less measured along the center of the pavement.
DEPARTMENT
The Department of Transportation of the Commonwealth of Pennsylvania.
DESIGN MANUAL, PART 2
A Department publication containing the Department's highway design criteria.
DESIGN MANUAL, PART 5
A Department publication containing the Department's utility relocation and accommodation policies relating to permits issued in conjunction with highway construction projects.
DETOUR
To send traffic by a circuitous route around a portion of a highway that has been closed in accordance with § 21-203, Subsection 6, and § 21-207, Subsection 1G, (relating to permit application procedure; and general conditions) of this part.
EMERGENCY
An unforeseen occurrence or combination of circumstances which calls for immediate action or remedy.
EMERGENCY PERMIT CARD
A permit issued under § 21-206 (relating to emergency work) of this part.
EMERGENCY REPAIR
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.
EQUIPMENT
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.
FLEXIBLE BASE PAVEMENT
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.
GROUT
A mixture of cement, water and sand.
HIGH EARLY STRENGTH CONCRETE
Cement concrete meeting specifications set forth in § 704 of Publication 408 of the Department.
HIGHWAY
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.
IMPROVED AREA
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.
INSPECTOR
The Borough's authorized representative assigned to inspect permit operations.
LICENSE
A bridge occupancy license issued by the Borough under this part.
PAVEMENT
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.
(1) 
A highway occupancy permit issued by the Borough under this part.
(2) 
An authorization to occupy highway right-of-way when a utility facility relocation is required by a highway construction project, granted either by written agreement or by a highway occupancy permit.
PERSON
A natural person, firm, partnership, association, corporation, limited liability company, utility, authority or political subdivision.
PLANS
Drawings which show the location, character and dimensions of the proposed occupancy and related highway features, including layouts, profiles, cross sections and other details.
PLOWING
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.
PRIVATE STATUS
The status of a utility's facilities, which are situated within public right-of-way by agreement with the Borough.
PUBLICATION 408
A Department publication containing the Department's highway construction specifications, as supplemented and amended.
RIGHT-OF-WAY
The area which has been acquired by the Borough for highway purposes.
RIGID BASE PAVEMENT
A pavement structure which distributes loads to the subgrade having as one course a Portland cement concrete slab of relatively high bending resistance.
ROADBED
The graded portion of a highway within top and side slopes, prepared as a foundation for the pavement and shoulder.
ROADWAY CONSTRUCTION STANDARDS
Department publication No. 72 containing the Department's design standards for highway construction.
SEAL COAT
A thin treatment consisting of bituminous or other approved material, usually with cover aggregate, applied to a surface course.
SELECT GRANULAR MATERIAL OR 2 RC
A material meeting specifications in § 703.3 of Publication 408 of the Department, when placed and compacted under § 21-208, Subsection 7, (relating to special conditions-subsurface operations) of this part.
SHOULDER
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.
SUBBASE
The layers of specified or selected material of designed thickness placed on a subgrade to support a base course.
SUBGRADE
The top surface of a roadbed upon which the pavement structure and shoulders including curbs are constructed.
SUITABLE MATERIAL
Soil, granular material or shale meeting specifications in § 206.2 of Publication 408 of the Department, when placed and compacted under § 21-208, Subsection 7, of this part.
SUPPLEMENT
An amendment to a highway occupancy permit issued on Borough form.
SURFACE COURSE
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."
TACK COAT
An application of bituminous material to an existing surface to provide bond with a superimposed course.
TEST HOLE
An exploratory opening of less than 100 square inches.
UTILITY
A person owning a utility facility including any wholly owned or controlled subsidiary.
UTILITY FACILITY OR FACILITY
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.
VEHICLE
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.
(4) 
A reason outlined in § 21-207, Subsection 1M, (relating to suspension or disqualification) of this part.
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.
C. 
A debarred person has a right to appeal a debarment under Subsection 11 within 30 days after service of the debarment notice.
[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.
B. 
Political subdivisions of this commonwealth, except when placing a facility longitudinally within more than 100 total linear feet of pavement. In that case, the application and inspection fees for pavement openings will be charged under Subsections 1, 2 and 4.
C. 
Governmental authorities organized under the laws of this commonwealth, except when placing a facility longitudinally within more than 100 total linear feet of pavement. In that case, the application and inspection fees for pavement openings will be charged under Subsections 1, 2 and 4.
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.
A. 
A refund processing fee in an amount as established, from time to time, by resolution of Borough Council, shall be deducted from the general permit inspection fees.
B. 
The permit application fee is not refundable.
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.
3. 
Permit Issued Only to Applicant. A permit will only be issued to the applicant as described in § 21-203, Subsection 2, (relating to permit application procedure) of this part.
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:
(1) 
Date emergency work is started.
(2) 
Time emergency work is started.
(3) 
Location of emergency work site.
(4) 
Description of emergency work.
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.
3. 
Exceptions. Emergency repairs to utility facilities within the right-of-way do not require an emergency permit card in those instances when a permit application is not required, as identified in § 21-203, Subsection 1, (relating to permit application procedure).
[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.
(6) 
The permittee shall verify that no person debarred under § 21-203, Subsection 12, (relating to permit application procedure) is allowed to perform permitted work or direct permitted work within Borough highway right-of-way.
(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:
(1) 
Unless specifically authorized by the permit, the permittee may not:
(a) 
Alter the existing drainage pattern or the existing flow of drainage water.
(b) 
Direct additional drainage of surface water toward, onto, or into or in any way affect the highway right-of-way or highway facilities.
(2) 
The permit does not authorize the permittee to direct, divert or otherwise drain surface waters over the property of another property owner.
(a) 
The permit does not relieve the permittee from acquiring the consent, permission or other authorization from a property owner who may be adversely affected by drainage alterations.
(b) 
The permittee is responsible for damage caused to property owners as a result of work done under the permit.
(3) 
A permit will not be issued to authorize the discharge of water into the right-of-way unless the water is surface drainage.
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.
(3) 
Upon request, the permittee shall deliver to the Borough certificates of insurance evidencing that the coverage required under Subsection 1J(2) has been obtained. The Borough may accept a formalized plan of self-insurance as a substitute for the insurance described in this subparagraph.
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.
(4) 
The permittee's obligation for restoration of the highway under Subsection 1P shall include failure of the highway occasioned by blasting.
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.
(2) 
Not required because of one of the following:
(a) 
The highway is unpaved.
(b) 
The Borough's wearing course is older than 10 years, and the highway average daily traffic (ADT) does not exceed 500.
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.
(3) 
Protected under statutory and Department regulations and an approved traffic control plan, if the permittee has delivered certificates of insurance under § 21-207, Subsection 1K, (relating to general conditions).
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.
D. 
Other material shall be stored under § 21-209, Subsection 2, (relating to general requirements), and so that there will be no interference with the flow of highway drainage.
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:
(1) 
The restored opening does not exceed six feet in either length or width.
(2) 
The restored opening is at least two feet from a pavement edge or joint.
(3) 
The highway average daily traffic (ADT) does not exceed 5,000.
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).
D. 
The permittee may be required to restore the structural integrity of a damaged cement concrete pavement by:
(1) 
Replacing the opened pavement transversely the full lane width.
(2) 
Replacing the opened pavement longitudinally to a transverse joint or opening within six linear feet of the opening.
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.
(2) 
Restoration of the binder and wearing courses of a cement concrete pavement which has a bituminous surface shall be done under Subsection 8.
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.
C. 
The temporary pavement shall be removed and permanent restoration performed under Subsection 8, 9 or 10.
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.
4. 
Guys. A guy shall be placed and insulated in the following manner:
A. 
A guy shall be placed to avoid interference with vehicular or pedestrian traffic.
B. 
A guy shall be insulated or grounded in compliance with the National Electrical Safety Code.
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:
1) 
For work on limited access highways.
2) 
Whenever it will be necessary to close a portion of a travel lane during hours of darkness without work in active progress.
3) 
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) 
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:
(a) 
The federal government.
(b) 
The commonwealth.
(c) 
Political subdivisions of this commonwealth.
(d) 
Utilities ordered by the Pennsylvania Public Utility Commission to occupy a bridge over which the Pennsylvania Public Utility Commission has taken jurisdiction.
(e) 
Governmental authorities, except that annual rental fees specified in Subsection 2C(4) shall be assessed.
(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.
B. 
The Borough may revoke a permit for nonpayment of a fee authorized in § 21-204 (relating to permit fees) including default of a check submitted for payment.
3. 
Revocation Procedure. Prior to revocation of a permit, except for nonpayment as specified in Subsection 2B, the permittee shall be given an opportunity for a hearing under 2 the Local Agency Law.
[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:
A. 
Unless the applicant is excused in writing, executing a hold harmless and indemnity agreement acceptable to the Borough, under § 21-207, Subsection 1J (relating to general conditions).
B. 
Unless the applicant is excused in writing, obtaining bonds satisfactory to the Borough to guarantee highway restoration and maintenance costs, under § 21-207, Subsection 1O.
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.