Borough of New Stanton, PA OPENING, OCCUPANCY, USE AND ACTIVITIES WITHIN STREETS

Emergency repairs of utility facilities may be performed.

Modifying parts of existing permitted facilities, if no surface or subsurface opening is required.

Stringing overhead utility lines upon existing permitted poles or structures.

Accessing an existing utility facility through an existing manhole.

§ 21-203 Applications.

[Ord. No. 89-141, 12/7/1989; as amended by Ord. No. 97-173, 2/6/1997; and by Ord. No. 2016-252, 3/1/2016]

General Rule.

Applications for permits are required before any opening, occupancy, use, work or activities may occur or be performed within any Borough road, street or right-of-way by any person.

Applications for permits shall be made and executed by the person who intends to open, occupy, use, work or undertake activities within any Borough road, street or right-of-way. Information provided in any and all applications shall be full, complete and accurate.

Utility Service Applicants.

Applications for permits for persons who provide utility service shall be subject to the provisions hereafter set forth.

Applicants which or who provide utility service shall mean and include only those who are a public utility licensed by the Pennsylvania Public Utility Commission ("PUC") as such; a person or entity who or which has a certification of public convenience and necessity from the PUC to provide a particular service; or a municipal corporation or authority created and authorized to provide a particular public service, such as water and sewer services.

Utility Service Applications shall be made and executed by the corporation, authority, political subdivision or person providing the utility service who or which owns, operates or intends to operate the facility. Information provided in any and all applications shall be full, complete and accurate.

Forms for Application and Permits. Forms for applications and permits shall be established by the Borough from time to time; and any and all fees and charges relating to the filing, review, issuance, processing and inspections shall be established by the Borough Council from time to time. Such fees and charges shall include any and all costs, fees and expenses incurred by the Borough and its employees, agents and consultants related to the filing, review, issuance, processing and inspections related to the applications, permits and inspections.

An applicant shall provide satisfactory evidence to the Borough of its ability to timely commence, complete and discharge any and all construction, maintenance and financial duties imposed by this Part. An applicant shall provide satisfactory evidence that the proposed facility will not be inconsistent with, impair nor adversely affect:

The structural and functional integrity of the road, street and right-of-way,

The Borough's maintenance, repair, replacement or improvement activities and responsibilities,

The safe and convenient passage of traffic, or

The development, existing or future, of adjacent properties.

Except for utility service applicants and permittees operating in the Borough as a licensed public utility or as a utility provider possessing a PUC certification of public convenience and necessity, the Borough shall require the applicant and permittee to secure and provide liability insurance, financial security and agreements, in form and amount as determined by the Borough, sufficient to ensure timely commencement, completion and discharge of any and all construction, operation, maintenance and financial duties imposed by this Part. The method of calculation of the amounts required for such duties shall be determined from time to time by resolution of the Borough based upon the extent, nature, duration and magnitude of such duties.

§ 21-204 Permit.

[Ord. No. 89-141, 12/7/1989; as amended by Ord. No. 97-173, 2/6/1997; and by Ord. No. 2016-252, 3/1/2016]

The issuance of a permit under the provisions of this Part shall not constitute the grant or conveyance to an applicant and permittee of any property rights or interests in the road, street or right-of-way. The issuance of a permit shall only authorize the applicant and permittee to use, occupy, work and conduct activities within a Borough road, street or right-of-way during the period of the permit and, further, only so long as the applicant and permittee are fully complying with all of the provisions of this Part and all of the terms and conditions of the permit.

The permit shall be binding upon the permittee, its agents, contractors, successors and assigns. The permittee is responsible for ensuring compliance with the terms and conditions of this Part and the permit by its employees, agents and contractors.

Responsibility for compliance with the terms of the permit may not be assigned or transferred by the permittee without first obtaining written approval from the Borough.

The permittee shall have the responsibility for complying with the provisions of Act 287, Act of December 10, 1974, P.L. 852, 73 P.S. § 176 to 182, regarding notification of excavation work. Compliance with this provision is not compliance with the provisions of said Act, and the Borough assumes no liability should permittee, its agents, contractors, successors and assigns fail to comply with the provisions of said Act.

As long as the permittee operates and leaves in place any structure or facility in, upon, above or along the right-of-way of a Borough road, the permittee shall maintain and keep the structures or facilities in good order and repair.

Whenever possible, the permittee shall maintain the normal traffic flow. The permittee shall, prior to the commencement of and during the work authorized by the permit, including the work done on an emergency basis, erect traffic warning signs in accordance with Pennsylvania Department of Transportation, Publication 203, Work Zone Traffic Control.

In all locations, where normal traffic flow is to be restricted, it shall be the responsibility of the permittee, prior to the commencement of the work, to notify the Pennsylvania State Police of the location, nature, date(s) and hours that normal traffic flow is anticipated to be restricted by the work.

In any location where a road opening, cut or other permitted work restricts the movement of emergency vehicles, the permittee, prior to the commencement of the work, shall notify the Westmoreland County Department of Public Safety (911) and the New Stanton Volunteer Fire Department of the location, noting intersecting streets, nature, date(s) and hours of the anticipated restriction.

All emergency work on any roadway that causes restrictions or disruptions of normal traffic flow shall immediately be reported to the above agencies by the permittee.

10.

The permittee shall notify the above agencies when normal traffic flow is restored.

11.

The Borough retains and reserves the right to change, alter, repair, replace, expand and use the Borough roads, streets and rights-of-way for all lawful purposes, uses and occupancies by and of the Borough. All permits issues are subject to this limitation, restriction and condition. Any applicant and permittee shall, at its sole cost and expense, change, modify, relocate or remove any part or all of the structures, facilities and appurtenances covered by the permit which interfere with, impair or adversely affect the rights of the Borough retained and reserved.

§ 21-205 Additional Conditions, Restrictions and Responsibilities.

[Ord. No. 89-141, 12/7/1989; as amended by Ord. No. 97-173, 2/6/1997; and by Ord. No. 2016-252, 3/1/2016]

The following conditions apply to permits issued under this Part:

The permit shall be located at the work site and be available for inspection by a police officer or representative of the Borough.

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.

Responsibility for compliance with the terms of the permit may not be assigned or transferred by the permittee without first obtaining written approval from the Borough. If a permit is assigned or transferred without first obtaining approval from the Borough, the assignment or transfer is void. Such attempted assignment or transfer, in whole or in part, shall void the permit. A facility installed under the authority of the permit shall be subject to removal at the expense of the permittee to which the permit was issued or its assignees, or both.

Work authorized by the permit is subject to any and all applicable laws, rules and regulations of the commonwealth or federal government.

Work to Conform the Following Standards. Work shall conform to the hereinafter set forth standards:

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 PennDOT Publication 408.

Highway materials shall be obtained from PennDOT approved sources which are identified in current PennDOT Publication Numbers 34, 35, 41 and 42. Upon request, the permittee shall make available for review certifications for backfill and restoration materials placed within the improved area.

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.

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.

(5)

Work not specifically regulated by this Part shall be performed as authorized by the Borough Engineer.

Permittee Responsibilities. Permittee responsibilities include the following:

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 for inspection costs which the Borough deems necessary to incur within 30 days after receipt of the Borough's invoice.

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 or its attorneys, or an attorney of a court of record is authorized to appear for the permittee and to enter an amicable action of ejectment and confess judgment against the permittee. The attorney is authorized to issue forthwith a writ of possession with a clause of fieri facias for costs, without leave of court.

At the end of a workday, an opening in the right-of-way shall be covered, backfilled or protected under the provisions of this Part relating to special conditions, subsurface operations.[1] 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.

[1]

Editor's Note: See § 21-207.

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 the provisions of this Part relating to special conditions, aboveground facilities,[2] 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.

[2]

Editor's Note: See § 21-206.

(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 PennDOT Publication 408 and Design Manual, Parts 2 and 5.

(6)

The permittee shall verify that no person debarred by PennDOT is allowed to perform permitted work or direct permitted work within a Borough 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.

Altering Drainage Prohibited. Altering drainage shall be prohibited by the following conditions:

Unless specifically authorized by the permit, the permittee or its agents, contractors, successors or assigns may not:

Alter the existing drainage facilities pattern or the existing flow of drainage water or stormwater.

Direct additional drainage of surface or subsurface water toward, onto, or into or in any way affect the highway right-of-way or highway facilities.

The permit does not authorize the permittee to direct, divert or otherwise drain surface or subsurface waters over the property of another property owner.

The permit does not relieve the permittee from acquiring the consent, permission or other authorization from the Borough or any state or federal agency or from a property owner who may be impacted or adversely affected by drainage alterations.

The permittee is responsible for damage or injury caused to the rights and interests of property owners as a result of work done under the permit.

A permit will not be issued to authorize the discharge of water into the right-of-way of the Borough or PennDOT unless the water is surface drainage and meets any and all requirements applicable to such permit.

Equipment Damaging Highway. A highway shall be protected in accordance with the following:

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.

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.

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.

The Borough may authorize the permittee to restore the pavement or shoulder from superficial surface damage with a seal coat or surface treatment.

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), the approved traffic control plan and the applicable provisions of 67 Pa. Code Chapter 203[3] (relating to work zone traffic control).

[3]

Editor's Note: 67 Pa. Code Chapter 203 was reserved 2-4-2006. See 67 Pa. Code Chapter 212 for temporary traffic control provisions.

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 indemnification to the Borough of damages, injury and claims 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:

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 the provisions of this Part relating to emergency work.

If the permittee has been authorized by the Borough to relocate or adjust its facilities simultaneously with highway construction, under applicable provisions of Design Manual, Part 5.

Sharing Facilities. Sharing facilities is encouraged and may be authorized under one permit in accordance with the following:

Aboveground. Notwithstanding Subsection 1C, 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.

Subsurface. The application shall identify a facility that will be sharing a trench or structure with the facilities of the applicant.

Limited Access Right-of-Way. No utility may conduct operations, including maintenance or inspection of existing facilities, within limited-access right-of-way without first obtaining a permit, except for an emergency which is regulated by the provisions of this Part.

Occupancy. Facility occupancy of limited access right-of-way shall comply with PennDOT Design Manual, Part 5.

Access. Access for servicing, maintenance or inspection of facilities shall be made from outside the extent of limited access unless specified on the permit, and shall comply with PennDOT Design Manual, Part 5; the AASHTO "Policy on the Accommodation of Utilities on Freeways"; and, if applicable, the Federal Highway Program Manual, Volume 6, Chapter 6, Section 3.

Indemnification. Indemnification of the Borough for property and personal injury will be governed as follows:

The permittee shall fully indemnify and save harmless and, if requested, defend the Borough, its officers, agents, employees and consultants 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, employees and consultants, arising out of an act or omission of the permittee or 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.

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 injury and damage and personal injury and damage under this subsection. 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 1M(1). The amount of insurance shall be at least $250,000 per person and at least $1,000,000 per occurrence, or other statutory limitations on damages as the General Assembly may establish. The policy shall be of a duration satisfactory to the Borough.

Upon request, the permittee shall deliver to the Borough certificates of insurance evidencing that the coverage required under Subsection 1M(2) has been obtained.

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 the commonwealth, in accordance with the following conditions:

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.

If blasting is authorized by the permit under Subsection 1O, 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.

Upon request, the permittee shall deliver to the Borough certificates of insurance evidencing that the insurance coverage required under Subsection 1N(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 subsection.

The permittee's obligations to indemnify the Borough and obtain insurance to secure indemnification under Subsection 1M and its obligations to restore the highway and obtain a bond relating to restoration under Subsection 1R are separate obligations from obtaining insurance for the purposes required under this subsection. Obtaining insurance under this subsection does not relieve the permittee of its obligations under Subsection 1M and R.

Blasting. Blasting requirements include the following:

No predrilling 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 1N.

The blaster's license number shall be furnished upon request.

No blasting will be permitted within 50 feet of the nearest part of a bridge, box or culvert.

The permittee's obligation for restoration of the highway under Subsection 1R shall include failure of the highway occasioned by blasting.

Maintaining Structure or Facility. As long as the permittee operates and leaves in place structures or facilities in, upon, beneath, above or along the right-of-way, the permittee shall maintain and keep them in good order and repair.

Damaged Structure or Facility to be Repaired. If a structure or facility becomes damaged, 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 by a structure or facility. The permittee's obligation to repair or restore the highway necessitated by a damaged structure or facility under this subsection is separate from the obligations to restore the highway and obtain a bond relating to restoration and maintenance of the highway under the provisions of this Part relating to issuance of permits. Compliance with Subsection 1R does not relieve the permittee of its obligations under this subsection.

Damage to Highway. Responsibility of the permittee for restoration of the highway includes the following:

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.

In situations where the permittee has the responsibility to restore the highway, including slope or another appurtenance thereto, under Subsection 1R(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.

The obtaining of a bond or other security to secure restoration costs does not relieve the permittee of the restoration obligations imposed by Subsection 1R(1) and (2), nor does it relieve the permittee of its obligations under Subsection 1M and N. The obtaining of a bond or other security 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.

Future Highway Changes. If in the future the highway is altered, repaired, replaced or removed for public convenience or necessity, the permittee shall, at its own cost and expense, change, relocate or remove all or a part of the structures or facilities authorized by the permit which interfere with, affect or impair the highway repair, replacement or alterations or which adversely affect or increase the cost of the highway alterations.

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.

Record Examination. Upon request, permit records, work records, restoration records and emergency work records shall be made available for examination by the Borough and by the commonwealth and federal agencies having jurisdiction.

§ 21-206 Special Conditions, Aboveground Facilities.

[Ord. No. 89-141, 12/7/1989; as amended by Ord. No. 97-173, 2/6/1997; and by Ord. No. 2016-252, 3/1/2016]

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.

Location of Aboveground Facilities. The location of an aboveground facility shall be:

Within a nonlimited access road, street or right-of-way.

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 PennDOT Design Manual, Parts 2 and 5.

Replacement of poles and other aboveground facilities shall comply with the permit and applicable provisions of PennDOT Design Manual, Part 5.

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 PennDOT Design Manual, Parts 2 and 5.

No poles or other aboveground facilities in excess of four feet from the surface may be installed, erected or located in any residential subdivision plan where electrical and cable conduit are located underground.

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, Section 3; the AASHTO "Policy on the Accommodation of Utilities on Freeways"; and PennDOT Design Manual, Part 5.

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.

Guys. A guy shall be placed and insulated in the following manner:

A guy shall be placed to avoid interference with vehicular or pedestrian traffic.

A guy shall be insulated or grounded in compliance with the National Electrical Safety Code.

Identification of Poles. A pole shall bear the name or initials of the facility owner and the pole numbers assigned by the facility owner.

Seismograph – Vibroseis Method. Seismograph – vibroseis method shall comply with the following:

Seismograph operations by other than the vibroseis method will not be permitted.

A permit will not be issued to authorize seismograph operations within limited access highway right-of-way.

Wherever possible, seismograph operations shall be performed entirely off the pavement and shoulder to lessen interference to traffic.

Modular Concrete Replacement Units, Metal Reinforcing Collars and Similar Devices.

Modular concrete replacement units, metal reinforcing collars and similar devices may not be placed in Borough highway right-of-way unless located:

Thirty feet or more beyond the edge of pavement under PennDOT Design Manual, Part 2, Chapter 12.

At the top of a slope (2:1 or greater) or at least eight feet beyond the toe of the slope.

Beyond parallel drainage ditches.

Beyond the specified deflection distance for the type guide rail in front of the location, under PennDOT Design Manual, Part 2.

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.

§ 21-207 Special Conditions, Subsurface Operations.

[Ord. No. 89-141, 12/7/1989; as amended by Ord. No. 97-173, 2/6/1997; and by Ord. No. 2016-252, 3/1/2016]

Drilling, Boring, Driving Or Tunneling Across Improved Area. Drilling, boring, driving or tunneling across improved areas shall comply with the following conditions:

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.

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.

Jet or other nonmechanical 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.

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.

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 PennDOT Design Manual, Part 5.

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:

The top of every utility facility shall be installed at least three feet beneath the surface.

Trenching across the improved area may be authorized by the permit where drilling, boring, driving or tunneling are:

Not feasible because:

The subsurface is solid rock, as documented with satisfactory evidence such as drill records, or where boring was attempted without success.

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.

Not required because of one of the following:

The highway is unpaved.

The Borough's wearing course is older than 10 years, and the highway average daily traffic (ADT) does not exceed 500.

When trenching is authorized by the permit, the trenching operation shall be performed by one of the following methods:

Utility facility placed in one piece across highway.

Traffic shall be routed over 1/2 of the pavement width.

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.

Utility facility placed in more than one piece across highway.

Traffic shall be routed over 1/2 of the pavement width.

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.

The permittee shall protect its openings to provide for the safety of the traveling public, including motorists, bicyclists and pedestrians.

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.

Openings Parallel to the Highway. Requirements for openings parallel to the highway are as follows:

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.

The top of a utility facility shall be installed at least three feet beneath the surface.

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 3A.

No opening may be made for more than 200 linear feet at one time, unless authorized by the permit.

The permittee shall protect its openings to provide for the safety of the traveling public, including motorists, bicyclists and pedestrians.

Daily Stoppage of Work Requirements. Daily stoppage of work requirements include the following:

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.

At the end of each workday, an opening in the right-of-way shall be one of the following:

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.

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 67 Pa. Code Chapter 203 (relating to work zone traffic control) and an approved traffic control plan until the surface is restored to its former condition.

Protected under 67 Pa. Code Chapter 203[1] and an approved traffic control plan, if the permittee has delivered certificates of insurance to the Borough.

[1]

Editor's Note: 67 Pa. Code Chapter 203 was reserved 2-4-2006. See 67 Pa. Code Chapter 212 for temporary traffic control provisions.

The permittee shall protect its openings to provide for the safety of the traveling public, including motorists, bicyclists and pedestrians.

Plowing Operations. Plowing operations shall comply with the following:

No plowing will be permitted within the right-of-way, unless authorized by the permit.

Plowing operations will not be authorized in the pavement or paved shoulders.

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.

No plowing is authorized within three feet from the edge of the pavement. A greater distance shall be attained wherever possible.

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.

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.

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 9.

Disposition of Materials. The responsibility of the permittee for disposition of materials is as follows:

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.

The permittee is responsible for controlling dust conditions created by its own operations.

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.

Other material shall be stored under 67 Pa. Code § 203.9(b)[2] (relating to general requirements), and so that there will be no interference with the flow of highway drainage.

[2]

Editor's Note: 67 Pa. Code Chapter 203 was reserved 2-4-2006. See 67 Pa. Code Chapter 212 for temporary traffic control provisions.

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.

The Borough may authorize the permittee to restore the pavement or shoulder from superficial surface damage with a seal coat or surface treatment.

Backfilling. An opening shall be backfilled by the permittee in accordance with the following (see Figure 7-7[3]):

The opening may first be backfilled with fine aggregate material, meeting the requirements of Section 703.1 of PennDOT Publication 408, 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 PennDOT Publication 408. 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.

The opening shall then be backfilled with select granular material, unless retained suitable material (as defined in definitions) is authorized or other coarse aggregate material meeting the requirements of Section 703.2 of PennDOT Publication 408 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.

Backfill shall be compacted as follows:

General Rule. Except as provided in Subsection 7C(2), backfill material shall be placed in loose layers not to exceed eight inches if vibratory compaction equipment is used or as authorized under PennDOT Publication 408. Each layer shall be thoroughly compacted to preclude subsidence, under Section 601.3(f) of PennDOT Publication 408.

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.

Existing Pavement Elevation. Compaction shall be completed to the bottom elevation of the existing pavement.

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 PennDOT Publication 408.

Openings made in the pavement or shoulder under 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.

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.

[3]

Editor's Note: Figure 7-7, Typical Backfill Section, is included as an attachment to this chapter.

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. See Figure 7-3.[4]

Exposed vertical and horizontal surfaces shall be prepared under Section 401.3(f) of PennDOT Publication 408.

The base course shall consist of bituminous concrete meeting the requirements of Section 409 of PennDOT Publication 408 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.

If required, the binder course shall consist of superpave material meeting the requirements of Section 409 of PennDOT Publication 408. The binder course shall have a minimum depth of two inches or a depth equal to the existing binder course, whichever is greater.

The wearing course shall consist of superpave material meeting the requirements of Section 420 of PennDOT Publication 408. The wearing course shall have a minimum depth of 1 1/2 inch, or a depth equal to the existing wearing course, whichever is greater.

[4]

Editor's Note: Figure 7-3, Flexible Pavement Restoration, is included as an attachment to this chapter.

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. See Figure 7-4 and 7-5.[5]

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:

The restored opening does not exceed six feet in either length or width.

The restored opening is at least two feet from a pavement edge or joint.

The highway average daily traffic (ADT) does not exceed 5,000.

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.

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).

The permittee may be required to restore the structural integrity of a damaged cement concrete pavement by:

Replacing the opened pavement transversely the full lane width.

Replacing the opened pavement longitudinally to a transverse joint or opening within six linear feet of the opening.

The surface shall be restored as follows:

After surface corrections have been completed and before the concrete becomes nonplastic, the surface shall be given a textured finish that matches the existing adjacent surface. The surface shall be cured under Section 501.3(1) of PennDOT Publication 408.

[5]

Editor's Note: Figures 7-4 and 7-5, Rigid Pavement Restoration, are included as attachments to this chapter.

10.

Shoulder Restoration. Shoulder restoration shall be performed under this subsection and as specified in the permit. See Figure 7-7.[6]

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 Section 651, 653, 654, 656, 657 or 658 of PennDOT Publication 408, and Roadway Construction Standard RC-25.

Other Shoulders. Other shoulders shall be restored as follows:

The surface shall be restored with at least two inches of select granular material, or as authorized by the Borough.

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 Section 461 of PennDOT Publication 408, at a minimum rate of .20 gallon per square yard and chipped or lightly sanded to prevent tracking of oil onto the pavement.

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.

[6]

Editor's Note: Figure 7-7, Typical Backfill Section, is included as an attachment to this chapter.

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: See Figure 7-6.[7]

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 Section 350.2 of PennDOT Publication 408.

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.

The temporary pavement shall be removed and permanent restoration performed.

[7]

Editor's Note: Figure 7-6, Temporary Pavement Restoration, is included as an attachment to this chapter.

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 inches 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:

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.

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.

A manhole, including those cast-in-place, shall be constructed in compliance with current industry standards and Section 714 of PennDOT Publication 408.

14.

Additional Restoration. Additional restoration shall be required as follows:

Disturbed portions of the highway, including, but not limited to, slopes and appurtenances and structures such as guide rails, curbs, signs, markings, drainpipes, 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." Additional restoration may also be required, upon written notification, to restore the structural integrity of the pavement or shoulder.

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:

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.

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.

When 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.

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 ensure 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.

Regardless of the age of the wearing course:

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.