The following words and terms, as used within this article,
shall have the following meanings:
Material used to replace or the act of replacing material
removed during construction.
A decrease in the useful life of the right-of-way caused
by the excavation in or disturbance of the right-of-way, resulting
in the need to reconstruct such right-of-way earlier than would be
required if the excavation or disturbance did not occur.
A condition that poses a danger to life, health, or of a
significant loss of property, or requires immediate repair or replacement
of facilities to restore service to a customer.
Any tangible asset in the right-of-way required to provide
utility service or passage along or through the right-of-way.
Any public street, avenue, road, square, alley, highway or
other public place located in the Borough of Narberth and established
for the use of vehicles, except state highways.
The combination of subbase, base course and surface course
placed on a subgrade to support the traffic load or distribute it
to the roadbed, or both. The term normally includes the traveled portion
of the highway and extends to the face of the curb in a curbed section.
The area within the right-of-way lines of any Borough highway
and any highway constructed in accordance with plans and specifications
approved by the Borough, and also such portion of any commonwealth
or county highway as may be located between the curbs or the edge
of the paving and the right-of-way lines thereof.
Any individual, firm, corporation, association or partnership.
The process by which an excavated or disturbed right-of-way
and surrounding area, including pavement and foundation, is returned
to the same condition that existed before excavation or disturbance.
The area which has been acquired by the Borough for highway
purposes.
A.
It shall be unlawful for any person to make or cause, or permit to
be made or caused, any excavation or opening in or under the surface
or pavement of any permit area, or perform any work within the permit
area for the purpose of installing or repairing pipes, sewers, drains,
conduits, sidewalks, curbs, driveways and similar structures, or for
erecting or replacing poles, without first having obtained a permit;
nor shall any person store materials upon or move over any permit
area buildings or other structures or vehicles carrying loads exceeding
in size or weight the limits specified in the Pennsylvania Vehicle
Code, without having first obtained a permit.
B.
A written application for a permit shall be made to the Borough setting
forth:
(1)
The name and address of the applicant;
(2)
The purpose of the application;
(3)
The time and place where the work is to be done or the permit area
is to be occupied;
(4)
The approximate size or depth of the opening or excavation;
(5)
The name of the owner of the abutting property and verification of
any consents required from such property owner;
(6)
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 of Pennsylvania in relation thereto;
(7)
An agreement that the applicant shall well and truly save, defend,
indemnify, and keep harmless the Borough and the Borough's employees,
officials, and representatives against any and all actions, suits,
demands, payments, costs 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;
(8)
Any other information as may be required by the Borough.
C.
Before any permit shall be issued to open or excavate any street
in the Borough, the applicant shall pay to the Borough of Narberth,
for the use of the Borough, a permit fee in an amount then specified
in the Borough Schedule of Fees, as promulgated by the Narberth Borough
Council from time to time, which fee shall defray the cost of inspection,
administration, management, and other incidental services in connection
therewith. When application shall be made to open or excavate any
longitudinal opening or excavation in excess of 10 feet, before any
permit shall be issued to so open or excavate, the applicant shall
pay, in addition to such permit fee, an additional fee in an amount
then specified in the Borough Schedule of Fees, as promulgated by
Narberth Borough Council from time to time, for each 100 feet or fraction
thereof to be opened or excavated upon such street.
D.
Upon the filing of the application and the certificate of insurance
where required, and the payment of the permit fees required, the Borough
shall issue a permit which, unless otherwise stated, shall be good
for 30 days, and may be renewed for a like period upon payment of
a renewal fee. The permit shall at all times be kept in the possession
of a competent person actually engaged on the work, and upon demand
shall be exhibited to any police officer or duly authorized employee
of the Borough, county or commonwealth.
A.
The filing of a permit application and the issuance of a permit hereunder
shall constitute an agreement on the part of the applicant to comply
with all the terms of this article and all rules, regulations, standards
and specifications and requirements of the Borough now in force or
hereafter adopted, and shall also constitute an agreement to indemnify
and save the Borough and Borough employees, officials, and representatives
harmless from and against all claims, demands and actions for damages
either to person or to 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.
B.
The permit application shall be signed by a person who shall, in
connection therewith, have filed with the Borough a certificate showing
that the applicant has obtained from a reputable company a policy
of insurance with limits for public liability, property damage, products
liability and completed operations, each of which must have a single
occurrence limit of at least $300,000. No such policy of insurance
shall be required, however, where:
(1)
The work is to be performed by a corporation subject to the supervision
of the Pennsylvania Public Utility Commission or is otherwise exempt
from federal or commonwealth law from providing proof of insurance;
(2)
The work is to be performed by the owner himself on his own property,
does not involve the breaking of any improved road surface, is to
be completed within three working days and the cost does not exceed
the sum of $100.
The filing of a permit application for the installation or repairing
of pipes, sewers, drains, conduits, sidewalks, curbs, driveways and
similar structures, or for erecting or replacing poles, shall constitute
an agreement with the Borough that the applicant will, upon notice
from and without expense to the Borough, make such changes in the
location thereof as may be required by the Borough. The issuance of
a permit hereunder shall not confer upon the applicant a permanent
right to maintain such structures in the permit area. If any such
structure is not removed upon receipt of notice to do so from the
Borough, the Borough may thereupon remove it and charge the costs
of such removal to the applicant.
It shall be the duty of the permittee to provide the traveling
public, including pedestrian and automobile traffic, and any abutting
properties, with suitable protection surrounding the location of all
openings, excavations, stored materials and buildings or other structures
within the permit area by means of suitable flags and barricades,
supplemented, where necessary, by flashing amber lights, which shall
be kept lighted from sunset to sunrise, or to provide such other means
of protection, including one or more flagmen to direct traffic, as
may be required by the Borough.
All work performed under this article shall be subject to the
approval of the Borough or the Borough's designee. The Borough may
inspect the work and, if necessary, require the permittee to perform
rework or additional work to ensure that construction in, or other
use of, the right-of-way is performed and completed in a manner that
is safe and in conformance with Borough standards. All such work shall
conform with the requirement and conditions established in the permit,
and to the following additional standards:
A.
Commencement of work. All work shall be undertaken within the time
specified in the permit, or within 24 hours after receipt of the permit
where no time for commencement is specified, and shall be performed
diligently and continuously until completed.
B.
Closing permit area to traffic. In no case shall a permit area, or
any part thereof, be closed to traffic without the written consent
of the Borough or the Borough's designee.
C.
Tunneling under an improved surface. Whenever, in connection with
any work covered by this article, a tunnel is to be made under an
improved surface, this fact shall be disclosed in the application.
Before a tunnel is excavated, specific approval must be obtained from
the Borough and endorsed upon the permit. The backfilling of the excavation
shall not be done except in the presence of a special Borough inspector.
It shall be made with a damp concrete mix one to four to eight, thoroughly
tamped in six-inch layers, or according to a similar method approved
by the Borough Engineer.
D.
Backfilling.
(1)
All breaks or openings in surfaces made pursuant to this article
shall be backfilled to the approval of the Borough, replacing the
excavated materials with No. 2RC aggregate, as specified in § 703.3(D),
Pennsylvania Department of Transportation 408, within two inches of
the surface of the street, road or alley. All backfilling must be
done by thorough tamping in the uniform layers not to exceed six inches
in depth. The remaining two inches of excavation shall be filled and
compacted with cold patch and maintained in good condition until final
restoration is made. If not adequately maintained, the Borough will
repair at the permittee's expense. In unimproved areas, backfilling
may be accomplished with excavated materials, if approved by the Borough,
tamped in six-inch layers.
(2)
The Borough may permit or require the use of flowable backfill where
conditions or circumstances warrant. Flowable backfill shall meet
the Pennsylvania Department of Transportation specifications for flowable
backfill or flowable backfill for pipe trench.
E.
Restoration, generally.
(1)
Restoration is to be performed by the permittee in compliance with
the specifications set forth in this article, any conditions established
in the permit, and subject to the approval and inspection of the Borough
or the Borough's designee.
(2)
Excess materials shall be removed from the job site. Weather conditions
permitting, final restoration shall be started within 30 days after
completion of the initial work. The Borough shall be notified by the
applicant prior to the commencement of final restoration work.
(3)
Within 30 days after completion of all work and restoration, the
permittee shall provide the Borough with as-built drawings of the
permit area. The as-built drawings shall show the location and type
of all utilities, structures, and other facilities installed in the
permit area as well as the location of all restored surface areas.
F.
Restoration, streets. Specifications for final restoration of street
openings are:
(1)
The surface excavation shall be seven inches in depth, leaving a
vertical face.
(2)
There shall be a twelve-inch setback on both sides of the trench.
(3)
The materials for restoration shall be six inches of Superpave Asphalt
Mixture Design base course, topped with 1 1/2 inches of Superpave
Asphalt Mixture Design wearing course, meeting the requirements of
Pennsylvania Department of Transportation 408.
(4)
On restorations measuring more than four feet, whether transverse
or longitudinal, the bituminous surface course shall be compressed
with a tandem roller. For restorations measuring less than four feet,
the compactions of the bituminous material shall be with a mechanical
vibratory tamper with a minimum plate size of 12 inches by 12 inches.
(5)
All surface joints are to be painted with PG 64S-22 asphalt overlapping
three inches on both sides of all joints, meeting the requirements
of Pennsylvania Department of Transportation 408.
(6)
If a permittee opens pavement having a bituminous concrete surface
and the 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:
(a)
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
between the openings, in a manner authorized by the Borough.
(b)
When four or more 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.
(c)
If disturbed lanes adjacent to undisturbed lanes are overlaid,
the edge of the disturbed lane shall be saw cut or milled to a depth
of 1 1/2 inches 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.
(7)
The permittee shall excavate and restore any street area within five
feet of the area disturbed under the permit if any area within five
feet beyond the disturbed area has previously been disturbed.
G.
Restoration of sidewalk and curb. The specifications for final restoration
of curbs and sidewalks shall be those set forth in the Narberth Borough
Subdivision and Land Development Ordinance.
H.
Trees, shrubs, and landscape plantings. The permittee shall comply with the requirements of Chapter 462, Trees, and the following requirements:
(1)
The permittee shall avoid unnecessary damage or injury to trees,
shrubs, and landscape plantings.
(2)
The permittee shall replace any tree, shrub or other landscaping
planting removed or substantially damaged during the course of the
work.
(3)
The Borough may require the permittee to take precautions, such as
directional boring or rerouting a utility line, to avoid injuring
a tree, shrub, or landscape planting.
(4)
Any tree, shrub or other landscaping planting that shows substantial
damage attributable to the permittee's work within 18 months of completion
of the work shall be replaced by the permittee at the permittee's
sole expense.
I.
ADA compliance. All work pursuant to this article shall be completed
in accordance with the guidelines of the Americans with Disabilities
Act of 1990 ("ADA"), as amended and reflected within the current standards
and guidelines established by the Pennsylvania Department of Transportation
("PennDOT"). The ADA, and subsequently related PennDOT guidelines,
are incorporated by reference and shall take precedence over any lesser
standard set forth herein. Requirements to upgrade existing facilities
to meet current ADA requirements shall be as follows:
(1)
When any amount of sidewalk replacement is associated with utility
main or utility pole replacement;
(2)
Wherever replacement of existing sidewalk on a street corner is the
sole maintenance remedy possible to ensure the safety of the public,
except where no pedestrian route is present on the opposite side of
the street;
(3)
When otherwise required under federal, commonwealth, or Borough law
or regulation.
A.
Lines and grades. The Borough Engineer shall furnish information
as to lines and grades for the construction and repair of sidewalks,
curbs, drains and driveways within a permit area. No work shall be
performed therein which does not conform with such lines and grades.
B.
Curbs. The construction and resetting of concrete or dressed granite
curbs and the making of cuts therein shall be performed in accordance
with Borough's Subdivision and Land Development Ordinance standards.
C.
Driveways. Driveways shall be constructed across the permit area
at the grade of the sidewalk and meet the grade of the curb. Curbs
may be depressed one inch to 1 1/2 inches above the surface of
the road. Sidewalks shall be continued across driveways.
D.
Drains. No storm, roof, swimming pool, sump, air-conditioning, driveway,
parking lot, gasoline or service station, used car lot, car wash or
other drain shall be constructed or maintained which discharges water
over or upon any sidewalk. Where required by the Borough Engineer,
such drains shall extend to a storm drainage facility. The Borough
Engineer may require drainage facilities to be installed by the property
owner to accommodate any of the above water sources which discharge
over or upon the permit area. Such drains shall be constructed under
the sidewalk. Where the outlet of a drain is adjacent to a storm sewer,
connection shall be made thereto. Waste from sinks or cesspools and
foul or offensive drainage shall not be discharged upon any highway
or into storm drains.
E.
Pipes. Property owners shall keep free of obstructions all existing
gutter pipes under driveways which receive or carry water within a
permit area. No permits will be issued for replacement or new installations
of gutter pipes under driveways.
No building or construction materials or facilities for building
construction shall be permitted to occupy more than 1/3 of the width
of an improved road surface or obstruct any sidewalk so that free
passage of not less than four feet in width shall at all times be
maintained; nor shall such materials be permitted to obstruct the
flow of water in any gutter or be placed within 25 feet of any fire
hydrant or be mixed upon an improved surface or left within the permit
area after the expiration of the permit.
A.
Unless otherwise specifically waived by the Borough in writing, no
gasoline pumps, oil tanks, walls, fences, posts, stones, planting,
shrubbery, sprinkler system or similar obstruction shall be placed
above or below ground within the permit area. Any such obstructions
shall be removed promptly by the property owner whenever written notice
to remove the same is given by the Borough. If the owner fails to
comply with such notice, the Borough shall remove the obstruction
and charge the cost thereof to the owner.
B.
When a waiver is granted by the Borough, the applicant and property
owner shall agree in a covenant running with the land and approved
by the Borough Solicitor that will include, at a minimum, indemnification
of the Borough from any and all liability associated with the obstruction
and the right to remove the obstruction if necessary for Borough access.
A.
A permittee or other person who has discontinued use of all or a
portion of its utilities or other facilities in a Borough right-of-way
shall notify the Borough of such discontinued use and shall provide
the Borough with a drawing describing the type and location of all
discontinued utilities and facilities.
B.
A permittee or other person who has discontinued use of or abandoned
utilities or other facilities in a Borough right-of-way shall remove
such utilities and facilities if required by the Borough in conjunction
with other right-of-way repair, excavation, or construction work.
