[Ord. No. 2020-564, 5/13/2020[1]]
This Part shall be cited to as the "Red Hill Borough Street
Opening and Excavation Ordinance."
[1]
Editor's Note: This ordinance repealed former Part 4, Street
Opening Regulations, adopted by Ord. 448, 4/12/2006, as amended.
[Ord. No. 2020-564, 5/13/2020]
As used in this Part, the following terms shall have the meanings
indicated:
Any activity within the Borough right-of-way of any street
which involves cutting, breaking or disturbance of the surface thereof
or any and all facilities and/or appurtenances located within the
street (by way of example only: curbing, sidewalk, storm sewers, utilities
and traffic control devices).
Any cutting or excavating of the surface or soil of any street,
sidewalk area or public Borough property.
For purposes of this Part, activity which revises or changes
in any way an ingress or egress point to any existing dedicated Borough
street or other right-of-way owned by or under the control of the
Borough. By way of example only, revised or changed ingress or egress
shall include construction of a new access point, physically revising
an existing access point and changing the use of an existing access
point.
Any right-of-way which serves to access and provide for transportation
between multiple properties, whether under public or private ownership,
and used or intended to be used by vehicular traffic and pedestrians,
and which may also be used to provide space for sewer, other utilities
and sidewalks, including street, avenue, boulevard, road, highway,
freeway, parkway, lane, alley, viaduct, or other similar facilities.
[Ord. No. 2020-564, 5/13/2020]
No opening, cutting, excavating, boring or disturbance of any
kind upon, in, or under any portion of a road or any road right-of-way;
no gas pipe, water pipe, sanitary sewer pipe, electric conduits, cable
conduits or other piping, shall be laid upon or in; nor shall any
drain, culvert, footpath, drive or driveway or other means of ingress
or egress be graded, constructed, installed or erected onto or in;
nor shall any telephone, telegraph or electric light or power poles
or any other obstruction, including, but not limited to, driveways
and/or newly constructed roads, be erected upon or in, any portion
of a road or within any road right-of-way located in the Borough;
except under such conditions, restrictions and regulations relating
to the installation and maintenance thereof, as may be prescribed
in the ordinances, rules and regulations of the Borough and permits
granted by the Borough for such purposes.
[Ord. No. 2020-564, 5/13/2020]
1.
The application for a permit shall be on a form prescribed by the
Borough and submitted to the Borough in triplicate. The written application
shall state the name, address and principal place of business of the
applicant, set forth the purpose for which the street is to be excavated,
the location and dimensions of said excavation and the purpose of
the proposed facility.
2.
The Borough shall not approve the locating of any water, sewer, steam
or gas main or electric, telephone or other utility main or line at
a depth of less than 30 inches from the surface of the street unless
Borough Council determines that locating the same at a depth of more
than 30 inches from the surface is impossible or impractical.
3.
The application shall be accompanied by an application fee in accordance
with the Schedule of Fees for street opening permits established from
time to time by resolution of the Borough Council or, if applicable,
the schedule of fees set forth by the Pennsylvania Department of Transportation
for highway occupancy permits and restoration charges then in effect,
as amended from time to time.
4.
The applicant shall submit three copies of a sketch plan showing
the following:
A.
Address of the property;
B.
Location and dimensions of the intended facility;
C.
Width of the traveled roadway;
D.
Right-of-way lines;
E.
Width, depth and length of the proposed opening;
F.
The PA One-Call serial number; and
G.
Distance and/or dimension to the nearest intersecting road or other
nearby landmark, so as to be able to easily ascertain the location
and scope of the work.
[Ord. No. 2020-564, 5/13/2020]
1.
As part of the permit application, the applicant shall provide the
Borough with an insurance certificate evidencing comprehensive general
liability insurance coverage for bodily injury and property damage
in the minimum amount of $1,000,000 per occurrence and $2,000,000
in the aggregate. The certificate of insurance shall include the following
provision or comparable provision: "Should any of the above described
policies be cancelled before the expiration date thereof, notice shall
be delivered in accordance with the policy provisions."
[Amended by Ord. No. 2021-576, 10/13/2021; and by Ord. No. 2022-581, 5/11/2022]
2.
If the applicant is a utility company or utility provider performing
work within the public right-of-way and is self-insured, the applicant
shall provide a certificate in form and substance satisfactory to
the Borough Solicitor, which evidences that the applicant has in effect
self-insurance for comprehensive general public liability coverage
for bodily injury and property damage in the minimum amount of $1,000,000
per occurrence and $2,000,000 in the aggregate and names Red Hill
Borough, its elected and appointed officials, agents, successors and
assigns as additional insured.
[Amended by Ord. No. 2021-576, 10/13/2021]
3.
The filing of an application and the issuance of a permit shall constitute
the agreement of the applicant to assume all liability for any or
all damage to person or property which may result from the opening
or excavation work and/or occupancy of the street, and the applicant
shall indemnify and hold harmless the Borough against all claims,
demands and actions for damages either to person or property that
may be sustained by any person by reason of or arising out of any
work done or action taken under the application and permit and shall
assume the defense and all costs of lawsuits and awards.
[Ord. No. 2020-564, 5/13/2020]
1.
The permit application shall be approved or denied within 10 calendar
days of submission of the application to the Borough. If the application
and required documents do not conform to the requirements of this
Part and other applicable ordinances, rules, and regulations, the
Borough shall deny the application in writing, stating the reasons
therefor. If the Borough is satisfied that the proposed work conforms
to the aforesaid requirements, the Borough shall issue a permit.
2.
The permit shall specify the exact location where the opening or
excavation is to be made, the approximate permitted size or depth
thereof and the time within which the work for which the permit is
granted is to be completed. The applicant shall keep the sketch plan
and the permit on the job site once the permit is issued.
3.
The permit shall not be operative for more than 60 days from the
date of issue but may be renewed for a like period upon the payment
of an extension of time fee.
4.
No permit issued by the Borough pursuant to this Part shall be assigned
or transferred without the prior written consent of the Borough.
[Ord. No. 2020-564, 5/13/2020]
1.
Where the work relates to the installation of utilities, commercial
openings or, at the discretion of Borough staff, residential openings
greater than 100 square feet, the requirements of this section shall
apply.
A.
As a condition of issuance of the permit, and prior to the commencement
of the work, the applicant shall provide the Borough with financial
security to ensure completion of the proposed work described in the
permit. The financial security shall be in the form of a cash escrow,
irrevocable letter of credit issued by a bank maintaining an office
in the Commonwealth of Pennsylvania, or a surety bond issued by a
reputable insurance company licensed to do business in the commonwealth
and in good standing with the Pennsylvania Insurance Department. If
a cash escrow is provided, it shall be held by the Borough in a non-interest-bearing
escrow account.
B.
The amount of financial security to be posted with the Borough for
the completion of the work shall be equal to 110% of the costs of
completion of the proposed work or such other amount as may be determined
by the Borough Engineer. Determination of the cost of the completion
of improvements used for setting the amount of financial security
required shall be based upon an estimate of the cost of completion
submitted by the applicant and prepared by a professional engineer
licensed as such in the Commonwealth of Pennsylvania and certified
by such engineer to be a fair and reasonable estimate of such cost.
C.
A public utility company desiring to open or excavate a street shall
provide to the Borough a bond of indemnity issued by a reputable surety
company licensed to do business in the Commonwealth of Pennsylvania
in the minimum amount of $50,000, or such other amount as may be provided
from time to time by resolution of Borough Council. A bond of indemnity
shall be furnished separately for each calendar year and shall be
in effect for 36 months.
[Ord. No. 2020-564, 5/13/2020]
1.
As a condition of issuance of the permit, and prior to the commencement
of the work, the applicant shall also pay inspection and permit fees
to the Borough in the form of a cash escrow deposited with the Borough.
The inspection and permit fees shall be in an amount as determined
by the Schedule of Fees for street opening inspections established
from time to time by resolution of the Borough Council and by the
Pennsylvania Department of Transportation under 67 Pa. Code Chapters
441 and 459 as determined by the Borough Engineer. Upon issuance of
the permit, the cash escrow shall be provided to the Borough upon
which the inspection and permit fees shall be drawn.
2.
Any unused inspection and permit fees shall be returned to the applicant
after completion of the final inspection.
3.
Any unused financial security shall be returned to the applicant
after completion of the one-year guarantee period.
[Ord. No. 2020-564, 5/13/2020]
If the permittee will be required to use any blasting operations
in the excavation or construction, then the permittee agrees to make,
execute and deliver to the Borough, as a condition of issuance of
the permit, a bond in the sum stipulated by the Borough with surety
in the form of a surety bond satisfactory to the Borough Solicitor
and issued by a surety company duly registered and authorized to do
business in Pennsylvania, conditioned that the permittee will save
harmless the Borough from any and all damages whatsoever to its subgrade,
subbase, modified subbase, drainage facilities, pavement, and any
other installations or matters in, under or upon the street or street
right-of-way for a period of two years from the date of the completion
of the last work covered by the permit issued under this Part. Any
blasting must abide by all other state and federal regulations.
[Ord. No. 2020-564, 5/13/2020]
In addition to the requirements of this Part, all work is subject
to all applicable federal, state and local laws, ordinances and regulations.
While the Borough has made every effort to be comprehensive with the
requirements of this Part, those areas not covered in this Part, but
outlined in 67 Pa. Code Chapter 459, Occupancy of Highways by Utilities,
most recently revised, are required with the issuance of a street
opening permit.
[Ord. No. 2020-564, 5/13/2020]
The permission herein granted does not relieve the permittee
and/or its contractor from obtaining any consent otherwise required
from the owner or owners of the abutting property and does not confer
upon the permittee and/or its contractor the right to cut, remove
or destroy trees or shrubbery within the legal limits of the street
right-of-way, except under such conditions, restrictions and regulations
as the Borough may prescribe.
[Ord. No. 2020-564, 5/13/2020]
At least three business days prior to the proposed start of
work, the applicant or his representative shall contact the PA One-Call
system at 1-800-242-1776, report the proposed work, obtain a serial
number, and provide such serial number to the Borough. No work shall
begin until such date and time as authorized by PA One-Call.
[Ord. No. 2020-564, 5/13/2020]
The applicant shall notify the Borough at least 24 hours in
advance of starting work and upon completion of temporary restoration
and permanent restoration.
[Ord. No. 2020-564, 5/13/2020]
In the case of emergencies threatening property or lives, the
applicant may proceed with the work after notifying the Borough, police,
fire company and 911. The applicant shall still be responsible for
applying for and obtaining a permit and for satisfying all requirements
outlined in this Part. The application shall be made within five days
of the applicant's verbal or written emergency notice to the Borough,
police, fire company and 911. If the emergency occurs over a holiday,
a weekend, or at night, the application shall be filed the morning
of the next working day. The date of the permit shall be retroactive
to the date when the work began.
[Ord. No. 2020-564, 5/13/2020]
1.
All work authorized by the permit issued under this Part shall be
done at such a time and in such a manner as shall be consistent with
the safety of the public as determined by the Borough and shall otherwise
conform to all requirements and standards of the Borough. If at any
time the Borough shall determine that the work is not being done or
has not been properly performed, the permittee and/or its contractor,
upon being notified in writing by the Borough, shall immediately take
the necessary steps, at its own expense, toward placing the work in
a condition to conform to said requirements or standards.
2.
All excavation work shall be done in such a manner so as not to interfere
with access to fire hydrants, manholes, valves, the firehouse and
other similar vital properties, and no materials shall be allowed
to obstruct the flow of water in any gutter at any time.
[Ord. No. 2020-564, 5/13/2020]
At least one lane of traffic shall be maintained at all times.
The applicant shall comply with the provisions of PennDOT Publication
203, "Work Zone Traffic Control."
[Ord. No. 2020-564, 5/13/2020]
Under extremely unusual circumstances, the Borough may allow
a road to be closed and traffic to be detoured. No road shall be closed
without giving the Borough at least 72 hours' prior notice to allow
time to notify 911, police, fire departments, emergency services and
school districts. No road shall be closed without the applicant submitting
a detour plan to the Borough for its approval upon recommendation
of the Borough Engineer. No road shall be closed without proper detour
signs having been installed by the applicant as approved by the Borough.
All detour signs shall be maintained for the entire work period.
[Ord. No. 2020-564, 5/13/2020]
All proper erosion control measures shall be taken to ensure
compliance with applicable laws. If necessary, the applicant shall
obtain erosion and sedimentation control plan approval from the Montgomery
County Conservation District prior to starting work.
[Ord. No. 2020-564, 5/13/2020]
The applicant shall comply with all OSHA safety requirements
and procedures, including, without limitation, all enclosed space
requirements. All trenches over five feet in depth shall be shored
or protected with a trench box.
[Ord. No. 2020-564, 5/13/2020]
1.
No utilities, except for transverse laterals, shall be placed in
the planting area between the face of curb and the sidewalk, or within
five feet of the edge of cartway or paved shoulder. This area is reserved
for Borough use for storm sewers, traffic signs, streetlights and
similar public improvements.
2.
Conduits and pipes shall be installed with a minimum of 18 inches
of cover. In no case shall conduits or pipes be allowed to be placed
in or be permitted to bond to asphalt pavement.
3.
Potentially hazardous combinations of utilities, such as water/sewer
and gas/electric, shall be separated by a horizontal distance of not
less than 10 feet.
[Ord. No. 2020-564, 5/13/2020]
All backfill within the Borough right-of-way shall be 2A crushed
stone of optimum moisture content. There shall be a minimum six inches
of bedding under the pipe or utility line. Crushed stone backfill
shall be mechanically compacted in maximum six-inch lifts. Where work
is done outside the paved cartway or shoulder, the last six inches
of backfill shall be topsoil.
[Ord. No. 2020-564, 5/13/2020]
If the work cannot be completed in one workday, proper barricades,
flashing lights, steel plates or other methods shall be used to secure
the site and ensure the safety of travelers on the roads in the Borough
until the next workday.
[Ord. No. 2020-564, 5/13/2020]
The work area shall be swept clean, cleaned of debris and otherwise
policed at the end of each workday and at the end of the project.
Mud shall not be tracked onto the streets at any time. All mud shall
be cleaned up within one hour of verbal or written notice from the
Borough or its agents. All loads shall be tarped.
[Ord. No. 2020-564, 5/13/2020]
In the case of longitudinal openings, excavation will not be
permitted in streets unless the applicant agrees to overlay the full
width of the side of the street being excavated with 1 1/2 inches
of wearing course. The overlay shall extend 25 feet past each end
of the proposed work and from the curb or edge of pavement to the
roadway center line. The existing paving along the proposed edge of
overlay shall be milled. Overlays shall be placed within one week
of permanent restoration of the excavation. The applicant shall contact
the Borough Engineer for complete requirements and associated construction
details.
[Ord. No. 2020-564, 5/13/2020]
Trenches for conduits, water, steam, oil, gas pipes, sewers,
and other obstructions placed parallel with the road shall be dug
so that the near edge of the trench is at least three feet outside
of the edge of the pavement, or 15 feet from the center line for unpaved
roadways, with a minimum depth of three feet below the surface of
the road, unless the Borough Engineer shall authorize a lesser clearance
in writing. A greater distance shall be used whenever practicable.
The trench for such construction shall not be opened for a distance
greater than 500 feet at any one time, unless specifically authorized
by the Borough Engineer in writing. At no time will the permittee
be permitted to leave a trench open at the end of a workday.
[Ord. No. 2020-564, 5/13/2020]
If it is necessary to cross under any improved road, the opening
for a pipeline or conduit shall be drilled, bored or driven on a horizontal
plane at a minimum depth of three feet below the surface of the road,
or the structure may be placed otherwise by tunneling, when approved
by the Borough Engineer. Trenching will be authorized by the Borough
Engineer, in writing, where tunneling would not be attended with danger
to life or safety. Where necessary to cross the improved road by tunneling,
the crossing shall be made, except in solid rock formation, under
1/2 of the improved road width and the pipe or structure placed and
the hole carefully backfilled with 1:3:6 concrete of a dry consistency
and thoroughly tamped with an approved mechanical tamper, and allowed
to stand 24 hours before traffic is permitted to use that half of
the road. The second half of the tunneling is to be completed in the
same manner, so at least one-way traffic will be maintained over 1/2
of the improved road while the second half is being tunneled. In solid
rock formation, the crossing may be made by trenching when approved
by the Borough Engineer, but not more than 1/2 of the width of the
pavement shall be opened, the structure placed, the trench backfilled
and tamped with an approved mechanical tamper, unless other methods
are approved, before disturbing the remaining 1/2 of the road.
[Ord. No. 2020-564, 5/13/2020]
To protect the road surface or pavement and shoulders, all equipment
used by the permittee and/or its contractor shall have rubber runners
or wheels and shall have rubber, wood or similar protective pads between
the outriggers and the surface unless otherwise authorized by the
permit. If rubber-equipped machinery cannot be used, the road surface
or pavement and shoulders shall be protected by the use of heavy rubber
or similar matting, wood or other suitable protective materials having
a minimum thickness of four inches and being a minimum of 12 inches
wider on each side than the tracks or wheels of the equipment used.
[Ord. No. 2020-564, 5/13/2020]
No openings for the purpose of placing pipelines or other structures
under the improved surface of the road by drilling, boring, driving,
or tunneling shall be made closer than three feet from the edge of
the pavement.
[Ord. No. 2020-564, 5/13/2020]
If at any time the structure or facility installed, constructed
or erected in accordance with a permit issued under this Part shall
become a hazard from any cause whatsoever, the permittee and/or its
contractor shall have such hazard removed or repaired within 48 hours
after receipt of written notification of such hazard from the Borough,
unless such time limit is extended by the Borough in writing.
[Ord. No. 2020-564, 5/13/2020]
If work is stopped on a project for any reason, and any ditch
or trench remains open for more than five business days, the permittee
and/or its contractor, if so directed, shall refill the ditch or trench
and work shall not be resumed thereon until the permittee and/or its
contractor is prepared to diligently proceed with the work to completion.
In the event that the permittee and/or its contractor shall fail to
refill the ditch or trench or to diligently proceed until completion
of the work within 60 days of receiving notice from the Borough to
do so, the Borough may perform the work and obtain reimbursement from
the permittee and/or its contractor for all costs and expenses incurred
by the Borough (including attorneys' fees), plus an additional 20%
as an administrative fee.
[Ord. No. 2020-564, 5/13/2020]
In the event of willful failure or neglect by said permittee
and/or its contractor or its or their employees to comply with the
conditions, restrictions, and provisions of the permit issued under
this Part, the Borough may revoke and annul such permit and may order
and direct said permittee and/or its contractor to remove any or all
structures or property belonging to said permittee and/or its contractor
from the legal limits of the street right-of-way and to restore the
street right-of-way to its former condition, all at the permittee's
sole cost and expense.
[Ord. No. 2020-564, 5/13/2020]
The last two inches of the excavation shall be backfilled with
compacted "cold patch" or similar permeable asphalt material to allow
percolation of water into the excavation while preventing dust and
stone chip nuisances. All excavations shall be temporarily restored
prior to allowing traffic on them. All settlement shall be brought
back to grade within four hours of verbal or written notice from the
Borough or its agents. The temporary restoration shall remain in place
for a minimum of two months to allow for final settlement to occur
through the actions of rain and traffic, but in no case shall it remain
in place more than four months. The permittee shall promptly notify
the Borough in writing of the date of completion of the temporary
restoration.
[Ord. No. 2020-564, 5/13/2020]
All excavations shall be marked promptly after temporary restoration.
The following information shall be spray-painted in six-inch letters
on the existing road surface (not on the patch where it will quickly
soak in) in the direction of travel: name of applicant, date temporary
restoration performed, and emergency telephone number to be called
in case of problems. This information shall be spray-painted in the
proper APWA color (yellow for gas, green for sanitary sewers). If
the markings become worn prior to the end of the two- to four-month
period, they shall be repainted by the applicant.
[Ord. No. 2020-564, 5/13/2020]
All ragged or broken edges and undermined areas shall be saw-cut
straight; the minimum cutback shall be one foot and the minimum depth
shall be 8 1/2 inches. Permanent restoration shall match existing
thicknesses and materials, except in the case of asphalt paving, where
the minimum requirements shall be five inches of asphalt base course,
two inches of asphalt binder course and 1 1/2 inches of asphalt
wearing course. All edges shall be sealed a minimum of 12 inches wide
with PG64S-22 liquid asphalt. All nonpaved areas shall be restored
with six inches of topsoil, seeded and strawed. The permittee shall
promptly notify the Borough in writing of the date of completion of
the permanent restoration.
[Ord. No. 2020-564, 5/13/2020]
1.
Upon completion of the work authorized by the permit, the permittee
shall give written notice thereof to the Borough.
2.
Where the work relates to the installation of utilities, commercial
openings or, at the discretion of Borough staff, residential openings
greater than 100 square feet, the Borough Engineer shall inspect the
work. Where the work relates to residential openings of 100 square
feet or less, the Borough roadmaster shall inspect the work. The Borough
employee inspecting the work shall enforce compliance with all requirements,
conditions and regulations prescribed by the permit.
3.
Where any settlement or defect in the work occurs, if the permittee
shall fail to rectify any such settlement or defect within 60 days
after written notice from the Borough to do so, the Borough may perform
the work (by either using its own employees or hiring one or more
contractors) and obtain reimbursement from the permittee for all costs
and expenses incurred by the Borough (including attorneys' fees),
plus an additional 20% as an administrative fee.
[Ord. No. 2020-564, 5/13/2020]
All work shall be guaranteed for a period of one year from the
date of final inspection and certification by the Borough or its agents
that the work has been completed in accordance with the permit. All
defects shall be corrected by the permittee within 30 days of verbal
or written notice from the Borough or its agents.
[Ord. No. 2020-564, 5/13/2020]
Any person, utility or other public or private business entity
which shall violate or permit the violation of any of the provisions
of this Part shall, upon conviction in a summary proceeding brought
before a Magisterial District Judge under the Pennsylvania Rules of
Criminal Procedure, be guilty of a summary offense and shall be punishable
by a fine of not more than $1,000, plus court costs and reasonable
attorneys' fees incurred by the Borough. Such fines, costs and attorney
fees, after being reduced to a final, unappealable judgment, shall
be enforced by the Borough pursuant to the applicable rules of criminal
procedure. Each day a violation continues shall constitute a separate
violation.
