[HISTORY: Adopted by the Borough Council of the Borough of South Waverly as indicated in article histories. Amendments noted where applicable.]
Uniform construction codes — See Ch. 215.
[Adopted 8-11-2010 by Ord. No. 8-11-10 (Ch. 122, Art. I, of the 1992 Code)]
No person, firm or corporation shall cut or dig open the paved roadway of any Borough public street or Borough property within the Borough of South Waverly without first obtaining a permit therefor from the Borough Engineer or designated representative.
Street cut permits will be valid for up to six months from the date of issue. All permitted work shall be completed within those six months.
A time extension permit supplement will be issued to extend the completion time an additional six months. The cost for each extension permit will be set by resolution.
For private permittees, when a permit reaches the six-month expiration date and the work has not been completed and accepted by the Borough Engineer or designated representative, the bonding company will be notified and no further permits will be issued until this matter has been corrected.
In the case of a public utility company, an extension will be issued automatically and the required fee will be added to the monthly invoice.
A permit is invalid until it is paid in full by check or money order, payable to "Borough Treasurer" at the receipt of the completed permit or within 30 days of the monthly invoice date, if applicable.
Application for a street cut permit, copy attached, shall be made in writing on the forms prescribed by the Borough Engineer or designee. The application shall indicate:
The property street address, location and description of the area for which such cut or opening is to be made;
The name and address of the applicant;
The purpose of the proposed cut or opening;
The approximate time required to complete the work; and
A copy of an approved work zone traffic control plan in accordance with PennDot Publication 203 and amendments.
Editor's Note: A copy of the street cut permit application form is included as an attachment to this chapter.
Application for a supplemental street cut permit time extension, copy attached, shall be made in writing on the forms prescribed by the Borough Engineer or designee. The application shall indicate the original permit number, expiration date and a written explanation as to the reason for the supplement.
Editor's Note: A copy of the supplemental street cut permit time extension application form is included as an attachment to this chapter.
To avoid work delays, submit applications to the Borough Engineer or designated representative at least three working days in advance of the anticipated date work is to commence.
All persons, firms or corporations performing the actual work of opening the street and making excavations, backfill and repairs, as hereinabove provided, shall be required to furnish to the Borough of South Waverly, in the amount of $10,000, a ten-year maintenance bond. Said bond shall be a surety bond issued by a bonding company acceptable to and subject to the approval of the South Waverly Borough Council, the condition of said bond being that work performed under street opening permits shall be consistent with requirements of this article, or up to the amount listed therein shall be forfeited to the Borough of South Waverly. The amount forfeited shall be the cost of correcting any deficiency in workmanship of the permit holder.
In addition, the excavators shall furnish a certificate of insurance in the amount of $1,000,000 to cover all property and casualty damages caused by the opening or excavation and shall name South Waverly Borough as an additional insured.
Borough ordinances do not permit closure of Borough streets as a matter of course with issuance of a street cut permit. Specific approval to close a street or to materially alter traffic patterns must be obtained from the Borough Engineer or designee. In their absence or in an emergency, the Police Department or police force designee may grant approval. In every case, the permittee's request to close a street or alter traffic must include, the precise location, reason, work methods, time and date, and what alternatives were considered.
The Borough reserves the right to require work hours of 9:00 a.m. to 3:00 p.m. and 6:00 p.m. to 6:00 a.m. Permittees will be required to place steel plates, pinned in place, to maintain traffic flow during nonworking hours in such areas. (Also see § 442-10, Weather limitations.) Such authority shall include, but not be limited to, the power to require that work be done on a continuous, around-the-clock, twenty-four-hour basis for major thoroughfares.
All permittees are responsible to notify businesses and residences that will be affected by street cut work on both sides of the street in the block area that blocks or restricts traffic flow or prevents the usual parking in the area affected by the work. This notification shall be given by door-to-door notices in the work site area at least 48 hours prior to commencing work. A list of the property owners notified shall be provided to the Borough. (See sample notice attached.)
Editor's Note: A copy of the sample notice is included as an attachment to this chapter.
All permittees shall furnish material and traffic control devices necessary for the maintenance and protection of traffic and pedestrians, conforming to PennDot work zone traffic control, 67 Pa. Code Chapter 203, and amendments, until the roadway is restored to the condition as required. If at any time a detour may be required, the permittee shall first contact the Borough Engineer or designated representative.
All existing pavements shall be saw-cut or cut to preserve a square edge. Cuts shall be to the full depth of the concrete or base thickness, and care shall be taken in removing the concrete to insure that the slab breaks on the next line produced by the concrete saw. Asphalt concrete pavement and all excavated material shall be removed from the site. There shall be no storage of any material on the street surface.
All excavation, trenching and shoring, and the like, shall be performed in a manner that meets with Occupational Safety and Health Administration (OSHA), Department of Labor, Safety and Health Regulations for Construction. It is the responsibility of the permittee, therefore, to understand and abide by all OSHA regulations concerning trenching and shoring as outlined in the OSHA Technical Manual, Section V, Chapter 2, and amendments.
All permittees are responsible for notifying the Borough Engineer or designated representative in advance of all excavations within the Borough right-of-way.
All permittees are responsible for notifying the Borough Engineer or designated representative prior to any concrete and/or final restorations in order to schedule the inspection visit to each location/site.
The Borough's Engineer or designee may adjust the requirements for restoration and maintenance based on the Borough's street maintenance schedule or the condition of the Borough street or the Borough's sewer line replacement schedule for said street. At the discretion of the Borough Engineer or designee, he may require an independent compaction test that must be complied with by the permittee.
The permittee is to maintain such portion of the highway for a period of 10 years from the date of such final restoration, subject at all times to the approval of the Borough Engineer or designee. In the event that the permittee fails to maintain such restoration after having received written notice from the Borough Engineer or designee, the Borough Engineer or designee will instruct the permittee's bonding agent to cause the proper restoration to be performed and maintained for the period required herein.
When a longitudinal opening longer than 10 feet and/or wider than three feet is made in the highway pavement, the permittee shall overlay the entire traffic lane plus one foot of overcut on the perimeter in which the opening was made.
When two or more transverse trench openings are made in the highway pavements less than 100 feet apart, the permittee shall overlay the traffic lane in which the openings were made for the entire length of the highway between such openings.
When four or more openings less than 100 feet apart are made in the highway pavement by the same permittee, the Borough Engineer or representative shall require the permittee to overlay the entire disturbed area.
When the permitted opening is to be less than five feet from the edge of an existing patch or patches in the pavement, the restoration shall be extended to include said patch.
All permittees test boring, or drilling a three-inch or larger hole into any Borough highway for location of leaks or venting of leaks, will be required to backfill holes with flowable fill only, no filler material. All permittees shall install asphalt surface in accordance with § 442-9. If the hole is three inches or less, the permittee will fill the hole with No. 8 stone and AC 20 asphalt sealer.
Pavement markings. It is the permittee's responsibility to replace all in conformance with pavement markings that are removed or damaged. All material shall meet with the approval of the Borough Engineer or designee.
Compaction shall be 100% maximum density with flowable fill and 95% maximum density with granular materials. Soil that has exceeded liquid limits may not be used as backfill.
When the opening is ready for backfill, the subject permittee shall contact the Borough of South Waverly at the office of the Borough Secretary. The Borough will dispatch a Borough Engineer or designee to inspect the backfilling process as expeditiously as possible.
If the permittee starts backfilling the excavation before the Borough inspector arrives, the permittee will be required to reexcavate the backfill if a question arises as to the liquid limit or compaction percentage of the backfill material.
The permittee shall not commence with backfilling any part of the excavation until the Borough Engineer or a designee from the Borough has inspected such part.
On streets that have been paved in the last seven years and on heavily traveled streets, as determined by the Borough Engineer or his designee, the permittee shall backfill with flowable fill or adequate virgin materials, 2RC aggregate material, or No. 57 clean coarse aggregate.
Compaction is to be performed using vibrating compaction equipment or mechanical tampers; hand-tamp around utilities, if necessary.
When an opening is made in the center of the highway, the permittee shall match the existing grade of the pavement and pave from curb to curb.
The Borough's Engineer or designee may adjust the requirements for compaction and backfill based on the condition of the subsurface of the street.
All backfill material shall be adequate virgin material, or 2RC aggregate material, and/or either No. 57 clean coarse aggregate not to exceed RC No. 3 or select granular material, as specified by PennDot Publication 408, Section 703.2 and 703.3, and placed in six-inch lifts to one foot (12 inches) below the subgrade elevation for streets or poured surfaces.
On streets that have not been paved in the last seven years and on heavily traveled streets, as determined by the Borough Engineer or his designee, the permittee shall use PennDot-approved Type A flowable backfill.
The bituminous concrete base course shall be installed after backfilling with granular material is completed and in the presence of the Borough inspector or after sufficient curing time has been achieved for flowable fill.
Final street cut restoration must consist of a minimum of four inches of bituminous concrete base course (BCBC). Place a minimum of two inches of ID-2 wearing course to match the existing street surface. Seal all edges with AC 20 asphalt sealer two inches on each side from the edge of the cut to form a four-inch continuous seal around the cut.
The permittee shall not place asphalt or apply bituminous coatings when the base surface temperature is less than 40° F. or when the surface is wet or frozen. When an opening is made during the time of year when all local asphalt pugmills are closed, bituminous cold patch may be used. The cold patch shall be installed to a compacted thickness of two inches. When the local pugmills reopen for the season, all openings repaired with cold patch shall be removed and shall be replaced with the hot-mix application, as outlined in this article in § 442-9 above, within 60 days of the pugmill reopening date.
Utilize a temporary surface of cold patch two inches in depth, if final restoration cannot occur due to weather limitations.
The permittee will be allowed to place steel plates on Borough streets between October 31 and April 1.
No permittee may allow dirt or debris to enter the Borough sewer system. All stormwater inlets within the drainage area of the excavation must be protected by a filter system that will prohibit water from carrying silt or other debris into the sewer. Acceptable means of protection are the use of a filter material insertion into each inlet.
Any permittee who does not provide protection as described herein will be required to clean and flush each inlet that the Borough Engineer's representative determines has been contaminated.
It is the permittee's responsibility to properly restore any and all adjacent surfaces disturbed by the action of work in the right-of-way to equal or better condition than existed prior to start of work. Sidewalks, driveways, curbs, lawn or grass areas will be restored in accordance with Borough ordinance. All work is to be done at the permittee's cost and expense to the satisfaction of the Borough Engineer or designee and the property owner.
Any utility openings in sidewalks for utility service connections that require excavation shall be backfilled with flowable fill, as set forth in this article, subject to the review and approval of the Borough Engineer or his designee.
When openings are made on streets, Borough parks or sidewalks using bricks as a wearing surface, flowable fill a minimum of four inches shall be installed under the brick surface.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Any person who violates or permits a violation of this article shall, upon being found liable therefor, pay a fine of not more than $600, plus court costs and reasonable attorneys’ fees incurred by the Borough in the enforcement proceedings. If the penalty is not paid, the Borough shall initiate a civil action for collection in accordance with the Pennsylvania Rules of Civil Procedure. Each day a violation exists shall constitute a separate offense, and each section of this article that is violated shall also constitute a separate offense. In addition to or in lieu of enforcement under this section, the Borough may enforce this article in equity in the Court of Common Pleas of Bradford County.
No permit shall be issued to any person, persons, corporation or other party in default under this article until the costs and expenses herein provided for are paid.
In no case shall any opening or excavation made in the Borough of South Waverly by any permittee be considered in the care of or in the charge of the Borough. No officer or elected official or any other person employed by the Borough is authorized in any way to take or assume any jurisdiction or responsibility for the Borough over such openings or excavations. The Borough inspection of all subject excavations shall be performed only by the Borough Engineer or designee of the Borough Council, as hereinbefore stated. The Borough inspection does not remove from the permittee his complete responsibility for the subject excavation or opening at all times.