[Adopted 10-17-1989 by Ord. No. 513 (Part 12, Ch. 3, Art.
A, of the 1994 Code of Ordinances); amended in its entirety 12-19-2019 by Ord. No.
669]
It shall be unlawful for any person to open or to make any excavation
of any kind in any of the streets or the streets' rights-of-way
in the Borough without first securing a permit therefor from the Borough
and satisfying the other applicable requirements consistent with the
regulations as hereinafter provided.
A.
Any person who shall desire to make any opening or excavation in
any street or street right-of-way of the Borough shall make application
to the Borough in writing for that purpose. Such application shall
be made upon forms to be furnished by the Borough and shall set forth
the name of the applicant, the exact location of the proposed opening
or excavation, the dimensions and depth of said cut or opening, the
purpose for which it is made, the name of the owner of the premises
for whom said cut or opening is to be made, and the length of time
required to do the work, and any other information that may be requested
by the Borough.
B.
The application shall contain an agreement on the part of the applicant
that the work shall be done in full compliance with the ordinances
of the Borough and the laws of the commonwealth in relation thereto
and that the applicant shall well and truly save, defend, keep and
hold harmless the Borough from and indemnify it against any and all
actions, suits, demands, payments, damages, costs, fees and charges
for or by reason of the proposed opening or excavation, and all damages
to persons or property resulting in any manner therefrom, or occurring
in the prosecution of the work connected therewith, or from any other
matter, cause or thing relating thereto.
C.
The applicant and/or the applicant's contractor is required
to have liability insurance which shall be maintained in the minimum
coverage amount of $1,000,000. A satisfactory certificate of insurance
confirming such liability insurance coverage must be filed with the
Borough before any work shall be commenced pursuant to the issued
permit.
Before any permit shall be issued to open or excavate any street
in the Borough, the applicant shall pay to the Borough any required
fees and charges relative to permit issuance, street closings, inspections,
and street degradation. Such fees and charges shall be set, adopted,
and may be subsequently modified from time to time by resolution of
the Borough Council.
Permits shall be issued by the Borough only to persons furnishing
public utility services or to the owner or owners of the real property
adjoining the location where such opening or excavation is to be made.
A permit may be issued to the applicant after all the requirements
therefor have been satisfied. If the application is disapproved, written
notice of disapproval, together with reasons therefor, shall be given
by the Borough to the applicant.
A permit is valid for a six-month period or longer as specified
on the permit. If the permittee has not completed all authorized work
by the completion date on the permit, an application shall be submitted
requesting a time extension on the permit. If approved, a supplemental
permit will be issued by the Borough.
The work authorized by any permit issued hereunder is subject
to all the provisions of the Underground Utility Line Protection Law,
Act of December 10, 1974, P.L. 852, No. 287, § 1 et seq.,[1] as amended or supplemented from time to time. It shall
be the applicant's responsibility to contact the utilities that
have recorded their facilities in compliance with said act. A partial
list of utilities providing services in the Borough and their office
addresses may be obtained from the Recorder of Deeds of Dauphin County,
Pennsylvania. The applicant shall also be responsible for providing
the serial number from the Pennsylvania One Call System to the Borough.
[1]
Editor's Note: See 73 P.S. § 176 et seq.
Any person who receives a permit is required to provide visual
proof of the condition of the street or streets subject to excavation
prior to the commencement of the excavation. Proof of condition of
the area subject to excavation shall be in the form of photographs
or video of the entire area.
A.
When a longitudinal opening longer than 10 feet and wider than three
feet is made in the street pavement, the applicant shall overlay the
traffic lanes in which the opening was made for the entire length
of street that was opened.
B.
When two or more transverse trench openings are made in the street
pavement less than 100 feet apart, the applicant will overlay the
traffic lanes in which the openings were made for the entire length
of the street between such openings.
C.
When four or more openings are made by the same applicant in the
street pavement less than 100 feet apart, the Borough Engineers or
such other agent or representative of the Borough will require the
applicant to overlay the entire disturbed area.
D.
When the opening is to be closer than three feet to the edge of the
existing pavement, the opening shall be extended to the edge of pavement.
E.
When the permitted opening is to be closer than five feet to the
edge of an existing patch or patches in the pavement, the restoration
shall be extended to include said patch.
F.
When the permitted opening is located in a street or alley 14 feet
wide or less, then the applicant shall overlay the entire street or
alley width for the entire length of the opening.
A.
Any person who shall open or excavate any street in the Borough shall
thoroughly and completely refill the opening or excavation in such
a manner as to prevent any settling thereafter and shall restore the
surface to the same or better condition than it was before the opening
or excavation.
B.
Unless otherwise set forth in this Part, all construction processes
and material specifications shall be in accordance with the current
Publication 408 Specifications, as promulgated, adopted and amended
from time to time by the Department of Transportation of the commonwealth,
which shall be the specifications of the Borough for restoration of
surfaces of streets in the Borough.
C.
The surface shall conform to the proper grade and be of the same
surface covering as the part of the street immediately adjoining the
opening.
D.
Any applicant test boring or drilling into any Borough street for
location of leaks or venting of leaks shall be required to backfill
holes with 2A stone to four inches below street surface and fill and
compact holes with ID-2 or 9.5 mm Superpave and seal with AC-20.
E.
The applicant shall be responsible to replace all pavement markings
that are removed or damaged. All material shall be in conformance
with PennDOT Publication 408 Specifications, as promulgated, adopted
and amended from time to time by the Department of Transportation
of the commonwealth.
F.
Temporary paving shall be permitted for a period not to exceed 90
days. Such temporary paving material shall consist of cold-patch premix,
a minimum of two inches thick, thoroughly bound and compacted. Such
temporary paving shall be installed flush with the surface of the
adjoining paving. Trenches shall remain unpaved for no longer than
five business days after backfilling and shall not remain unpaved
during any weekend or any holiday officially observed by the Borough.
G.
Permanent paving courses shall consist of a compacted 25 mm Superpave
base course, five inches thick, and a compacted 9.5 mm Superpave wearing
surface, 1 1/2 inches thick, and shall be in conformance with
all PennDOT requirements and specifications. Such permanent paving
courses shall be installed flush with the adjoining pavement within
10 business days after receiving authorization from the Borough. Ambient
temperatures at the time of final pavement placement must be at least
40° F. and rising. If existing pavement is at least 6 1/2
inches thick, new pavement shall be installed to match the existing
thicknesses. All joints shall be sealed with AC-20, and saw cutting
of existing pavement shall be in accordance with Publication 408 Specifications.
All temporary paving material shall be removed from trenches prior
to placement of the permanent paving base course.
H.
No opening or excavation in any street shall extend from the curbline
into the street a distance greater than one foot beyond the center
line of the street before being refilled and the surface of the street
being restored to a condition safe and convenient for travel.
I.
No more than 500 feet longitudinally shall be opened in any street
at any one time.
J.
The excavation shall be so conducted as not to interfere with the
water mains, sewers or their connections with any buildings, or any
other subsurface lines or constructions unless written permission
from the proper authorities relative to such subsurface lines or constructions
shall have been obtained.
K.
No tunneling shall be allowed without the express written approval
of the Borough with such approval endorsed and set forth upon the
permit. The backfilling of a tunnel excavation shall be made only
in the presence of the Borough, its engineers or inspector designated
by it and shall be done only in a method approved by the Borough,
by its engineers or by the inspector designated by the Borough.
L.
The use of steel plates to cover open excavations shall be prohibited
at all times between the dates of October 15 and April 15.
M.
The applicant shall notify the Borough when the opening or excavation
is ready for backfilling before any backfilling is done, when backfilling
work is completed, when the temporary paving has been installed and
when the street is ready for permanent paving so that inspections
may be made.
N.
Monuments of concrete, iron or other lasting material set for the
purpose of locating or preserving the lines of any street or property
subdivision or a precise survey reference point or a permanent survey
benchmark within the Borough shall not be removed or disturbed or
caused to be removed or disturbed unless permission to do so is first
obtained in writing from the Borough. Permission shall be granted
only upon condition that the applicant shall pay all expenses incident
to the proper replacement of the monument.
O.
When the work performed by the applicant interferes with the established
drainage system of any street, adequate provision shall be made by
the applicant to provide proper drainage to the satisfaction of the
Borough.
P.
Access to private driveways shall be provided except during working
hours when construction operations prohibit provision of such access.
Free access must be provided at all times to fire hydrants.
Q.
In the excavation of any street, the applicant shall take all necessary
and reasonable precautions to ensure that the street remains in a
safe and passable condition for the traveling public at all times.
Such precautions may include, but are not limited to, the use of signs,
barriers, lanterns and all other warning devices sufficient to alert
the traveling public of possible dangers relative to the excavation.
A.
In the event that any work performed by or for a permit holder shall,
in the opinion of the Borough or its engineers, be unsatisfactory
and where that work is not corrected in accordance with the Borough's
instructions within the time fixed by it, or in the event that the
work for which the permit was granted is not completed within the
time fixed by the Borough, the Borough may proceed to correct such
unsatisfactory work or complete any such work not completed and charge
the cost of the work to the applicant.
B.
When any earth, gravel, or other excavated material is caused to
roll, flow, or wash upon any street, the applicant shall cause the
same to be removed from the street within 24 hours after deposit.
In the event the earth, gravel or other excavated material so deposited
is not removed, the Borough shall cause the removal, and the cost
incurred shall be paid by the applicant.
C.
Permanent restoration shall be made and guaranteed for a period of
18 months. The base material shall consist of five inches of Superpave
base course meeting the requirements of Commonwealth of Pennsylvania
Department of Transportation Section 305, Form 408. The wearing course
shall consist of 1 1/2 inches of ID-2A SRL-M meeting the requirements
of Section 420, Form 408. If the existing roadway contains a cement
concrete course, this course shall be replaced in kind and to the
same depth as the existing one.
D.
If any subsidence occurs in the roadway opening after restoration
has been made, the permittee shall remove the base course and wearing
course, recompact the backfill, replace the base course and replace
the wearing course in accordance with the above specifications. The
Borough shall determine where and when subsidence has occurred.
In the case of any leak, explosion or other accident in any
subsurface pipe, line, construction or apparatus, it shall be lawful
for the person owning or responsible for such pipe, line, construction
or apparatus to commence excavation to remedy such condition before
securing a permit, provided that application for a permit shall be
made immediately and not later than the next business day thereafter
and that all other provisions of this Part are fully complied with.
If any such emergency condition shall not be immediately attended
to by the owner or person responsible for such pipe, line, construction,
or apparatus, the Borough, after such notice as it shall deem necessary
under the circumstances of the particular case, shall proceed to do
the work necessary and required by such emergency, and charge all
of its costs and expenses of all work to such responsible person.
A.
The Borough shall give timely notice to all persons owning property
abutting on any street, or any utilities with facilities located within
the Borough about to be paved or improved as part of the Borough's
pavement maintenance program, and to all public utility companies
operating in the Borough, and all such persons and utility companies
shall make all water, gas or sewer connections, as well as any repairs
thereto which would necessitate excavation of the said street within
30 days from the giving of such notice, unless such time is extended
in writing for cause shown by the Borough.
B.
If such work or repairs are completed before the street is paved
or improved, the Borough shall waive the degradation charges for the
applicant, if any are required, for all work requiring excavation
of the said street.
No new water, sewer, steam or gas main or electric, telephone
or other utility line shall hereafter be laid or constructed, and
no such existing main or line shall be extended, in any of the streets
of the Borough until the plan therefor shall have been first filed
with the Borough and such plan, and the exact location of such main
or line, is approved by the Borough. The Borough shall not approve
the location of any such main or line at a depth of less than 30 inches
from the surface of the street unless it is clearly and convincingly
proven to the Borough that locating the same at a depth of more than
30 inches from the surface is impossible or impractical.
No company, corporation or association shall excavate any street
or alley without first giving to the Borough a performance guarantee
in an amount as determined by the Borough and acceptable to the Borough
Engineer. Without limitation as to other types of financial security
which the Borough may approve, which approval shall not be unreasonably
withheld, irrevocable letters of credit issued by a federal- or state-chartered
bank or lending institution or restrictive escrow accounts held by
such banks or lending institutions shall be deemed acceptable financial
security for the purposes of this Part.
The provisions of this Part shall not apply to the laying of
sidewalks or curbs or to the installation of utility poles.
It shall be unlawful for any person to injure, damage, mar or
deface any street in the Borough, or to render the same unsafe or
dangerous to the traveling public in any way, which shall include,
but shall not be limited to, the following:
A.
The dragging or drawing of logs, trees or timber or other heavy objects,
whether composed of wood, metal or other substance, on or over the
surface;
B.
The building of fires or the burning of rubbish or other material
upon or over the surface;
C.
The placing of or allowing to run, leak or be placed upon the surface
of any oil, gasoline, kerosene or other substance that might be harmful
to the surface; or
D.
The operation of any vehicle upon any street with the wheels covered
with mud or other material to the extent that such mud or other material
drops therefrom onto such street causing a discoloration and/or slippery
condition.
Any person who shall violate any provision of this Part shall,
upon conviction thereof, be sentenced to pay a fine of not more than
$600. Every day that a violation of this Part continues shall constitute
a separate offense. In addition to the aforesaid penalty for a violation
of this Part, the Borough may seek such other relief and remedies,
at law or in equity, to include but not limited to injunctive relief,
as may be otherwise available.
