[Added 10-18-2023 by Ord. No. 681-2023]
These regulations are adopted and implemented to achieve the
following general purposes and objectives:
A.
To regulate the opening, excavation, and tunneling under streets
and right-of-way of the Borough of Franklin Park.
B.
To require a permit and payment of a fee.
C.
To provide for the protection, refilling, resurfacing, and repairing
of excavations.
D.
To prescribe insurance and deposit requirements.
E.
To prescribe penalties for violations.
Certain words used in this article are defined below.
Any person, partnership or corporation who makes application
for a permit.
Approved material used to fill a trench or other excavation,
or the process of doing so.
The Borough of Franklin Park, its officers, employees and
officials.
Any road which has been dedicated to and accepted by the
Borough for use as a public street, including curbs and shoulders.
See "cartway."
Paved area of the street within which vehicles are permitted,
including shoulders.
A fee established from time to time by resolution of Borough
Council. This fee is imposed on any person, partnership, or corporation
which obtains a street excavation permit, and the work to be performed
includes open cutting any Borough street that has been newly paved
within the last five years.
Private roadway providing access for vehicles to a parking
space, garage, dwelling, or other structure.
A situation or event, such as breakage of a utility line,
which presents an imminent hazard to the public health, safety, and
welfare. Not included in this definition is the routine replacement
or replacement of service facilities which are being constructed or
replaced as part of normal expansion or routine maintenance activities.
Removal of soil, rocks, sidewalk, driveway, curbs, or cartway
material for the purpose of installing, replacing, repairing, or removing
underground facilities.
The direction, intensity, and volume of stormwater runoff
typically present during various precipitation events.
Open cutting of a cartway, sidewalk, or driveway.
The Pennsylvania Department of Transportation.
Fee established by Borough Council for the purpose of administration
costs in issuing permits.
Any person, partnership or corporation to whom a permit is
issued.
Land under the control of the Borough which contains Borough
streets, cartways, curbs, sidewalks, driveways, driveway aprons, and
other nonpaved portions of land which may or may not contain aboveground
or underground utilities.
A permit which, when issued, permits the permittee to install
facilities within a Borough right-of-way. The work permitted under
this permit shall not include any work authorized by a street excavation
permit.
A paved, surfaced or level area, paralleling and usually
separated from the cartway used as a pedestrian walkway, to include
curb.
A plan of the area to be worked upon which shows all pertinent
information, including, but not limited to, right-of-way lines, street
locations, sidewalk locations and any existing subsurface and aboveground
utilities which may be impacted by the work to be performed.
A permit which, when issued, permits the permittee to open
cut any Borough street, sidewalk or driveway or tunnel under any Borough
street, sidewalk or driveway.
Any public utility or private transmission lines which are
located below grade.
A.
It shall be unlawful for any person to make any tunnel, opening,
or excavation of any kind in or under the surface of any street without
first securing a permit from the Public Works Superintendent for each
separate undertaking; provided, however, any person maintaining pipes,
lines, or other underground facilities in or under the surface of
any street may proceed with an opening without a permit when emergency
circumstances demand the work to be done immediately, provided the
permit could not reasonably and practically have been obtained beforehand.
B.
In such cases where emergency openings are necessary, the Borough
shall be notified prior to such opening via telephone, electronic
mail, or fax notification. The person shall thereafter apply for a
permit on the first regular business day on which the Borough is open
for business and said permit shall be retroactive to the date when
the work was begun.
A.
Street excavation permit application. A street excavation permit
shall be obtained before any person, partnership, or corporation may
open/cut, disturb, or replace any Borough street, sidewalk, curb or
driveway, or utilize any type of device or equipment which tunnels
under any Borough street, sidewalk, driveway or driveway apron.
(1)
Application for a street excavation permit shall be accompanied by:
(a)
A completed and signed application form.
(b)
The required permit and inspection fee.
(c)
The required degradation fee, if necessary.
(d)
The required performance guarantee.
(e)
A site plan.
(f)
A location plan which generally indicates the distance the street
excavation will occur from the nearest intersecting street.
(g)
A profile indicating the elevation(s) of the subsurface facilities
which are being removed, repaired, or constructed. This profile shall
indicate the depth below the roadway surface at which the work is
going to be performed.
(h)
Insurance. Each applicant shall provide the Borough with an
acceptable certificate of insurance naming the Borough as an additional
insured and indicating the applicant is insured against claims for
damages for personal injury, as well as claims for property damage
which may arise from or out of the performance of the work, whether
by it, his subcontractor, or any one directly or indirectly employed
by the applicant. Such insurance shall cover collapse, explosive hazards,
and underground work by equipment on the street, and shall include
protection against liability arising from all operations whether completed
or in progress. The amount of liability insurance for bodily injury
in effect shall not be less than $1,000,000 for each person, and for
property damages not less than $1,000,000 with an aggregate of not
less than $2,000,000 for each occurrence. Such certificates may be
filed with the Borough on an annual basis.
(i)
Additional documents as the Borough may require.
(2)
The granting of any street excavation permit shall confer a privilege
upon the permittee, subject to the terms and conditions of the permit,
to temporarily occupy and use the street surface during the course
of construction work covered by the permit, and to thereafter occupy
the space within which the work is to be located, subject in every
case to the specific right of the Borough to require temporary or
permanent relocation or removal of any of the facilities entirely
at the permittee's expense in the event said facilities are in
conflict with the Borough's interest or the public interest in
the use of the street.
B.
Right-of-way occupancy permit application. A right-of-way occupancy
permit shall be obtained before any person, partnership, or corporation
shall perform work in any Borough right-of-way which does not include
activity which requires a street excavation permit.
(1)
Application for a right-of-way occupancy permit shall be accompanied
by:
(a)
A completed and signed application form.
(b)
Required permit and inspection fee.
(c)
A site plan which clearly shows where the right-of-way work
will occur.
(d)
Insurance. Each applicant shall provide the Borough with an
acceptable certificate of insurance naming the Borough as an additional
insured and indicating the applicant is insured against claims for
damages for personal injury, as well as claims for property damage
which may arise from or out of the performance of the work, whether
by it, his subcontractor, or any one directly or indirectly employed
by the applicant. Such insurance shall cover collapse, explosive hazards,
and underground work by equipment on the street, and shall include
protection against liability arising from all operations whether completed
or in progress. The amount of liability insurance for bodily injury
in effect shall not be less than $1,000,000 for each person, and for
property damages not less than $1,000,000 with an aggregate of not
less than $2,000,000 for each occurrence. Such certificates may be
filed with the Borough on an annual basis.
(e)
Additional documentation as the Borough may require.
(2)
The granting of a right-of-way occupancy permit shall confer a privilege
upon the permittee, subject to the terms and conditions of the permit,
to temporarily occupy and use the street right-of-way during the course
of construction work covered by the permit, and to thereafter occupy
the space within which the work is to be located, subject in every
case to the specific right of the Borough to require temporary or
permanent relocation or removal of any of the facilities entirely
at the permittee's expense in the event said facilities are in
conflict with the Borough's interest or the public interest in
the use of the right-of-way. The right-of-way occupancy permit does
not authorize the permittee to perform any work which is governed
by the requirements of a street excavation permit. The permittee shall
be responsible for the repair of any and all facilities damaged during
the excavation. The permittee shall immediately inform the Borough
Engineer when damage to a sewer or other utility occurs. All repairs
to damaged facilities shall be made as per the requirements of the
Borough Engineer.
C.
General permitting process.
(1)
The completed application shall be submitted to the Borough at the
Borough building. Upon receipt, the Public Works Superintendent shall:
(2)
Upon approval of an application, the Borough shall provide the applicant
with two signed copies of the permit. The applicant must maintain
one copy of the approved application at the job site.
(3)
In granting any permit, the Borough may attach such special conditions
thereto as may be reasonably necessary to protect public and private
property.
(4)
By accepting the permit, the permittee agrees to perform the work
in accordance with the terms and conditions of the permit, and of
any special conditions which may be attached thereto, and to save
and hold harmless the Borough, its officers, employees and agents
from any costs, damages, and liabilities which may accrue by reason
of the work.
(5)
Every permit issued hereunder shall expire 30 days after it is issued.
If the permittee shall be unable to complete the work within the specific
time, it shall, prior to expiration of the permit, present, in writing,
to the Borough a request for an extension of time, setting forth therein
the reasons for the requested extension. If, in the opinion of the
Borough, such an extension is necessary, the permittee may be granted
additional time for the completion of the work.
(6)
The applicant must notify the Public Works Department at least 24
hours before work commences and shall not backfill any open cut before
the Public Works Department has inspected the site.
(7)
The Borough may revoke any permit issued under the provisions of
this article if it deems that the terms of the permit are being violated.
Upon revocation of the permit, the Borough shall provide the permittee
with a written explanation of the terms of the permit which are being
violated and establish a time frame under which the permittee must
complete all necessary reparations to bring the job into compliance
with the provisions of the permit.
(8)
If final paving repairs are not completed to the satisfaction of
the Borough, the Borough reserves the right, after notice to the permittee,
to complete final paving repairs, including the removal of substandard
work. These repairs will be funded by the performance guarantee which
the permittee must provide. Upon the satisfactory completion of all
work, the Borough shall issue a final completion certificate and return
the required performance guarantee or portion thereof.
(9)
Upon the satisfactory completion of all work, the Borough shall issue
a final completion certificate.
(10)
By accepting the permit, the permittee agrees to perform the
work in accordance with PennDOT's Publication 213, "Work Zone
Traffic Control Guidelines."
D.
Permit fees, inspection fees, performance guarantees, maintenance
guarantees, and degradation fees.
(1)
A permit fee and an inspection fee shall be charged for each application
under this article. The fees shall be established by resolution of
Borough Council, as amended from time to time.
(2)
Performance guarantees shall be provided for street excavations in
the following manner:
(a)
For permit applications proposing street openings of 50 square
feet or less, a bond, letter of credit, or cashiers check in the amount
of $10,000 shall be provided prior to issuance of a permit and initiation
of work.
(b)
For permit applications proposing street openings of more than
50 square feet, a bond, letter of credit, or cashiers check in the
amount of 110% of the anticipated cost of restoring the street opening
(but not less than $10,000, as deemed satisfactory by the Public Works
Superintendent or Borough Engineer, shall be provided prior to issuance
of a permit and initiation of work.
(c)
The term of the performance guarantee shall begin upon the date
of posting thereof and shall serve as a maintenance guarantee that
shall terminate 18 months after receipt by the permittee of a certificate
final completion from the Borough.
(d)
The performance guarantee will not be released until all associated
fees have been paid and costs incurred by the Borough for the associated
application, including, but not limited to, engineering and legal
fees of the Borough's professional consultants, are reimbursed
to the Borough in full.
(e)
If any settlement in a restored area occurs within a period
of 18 months from date of completion of the permanent restoration,
and the permittee fails to make such correction after notification,
any expense incurred by the Borough in correcting such settlement
shall be paid by the permittee or recovered from its performance guarantee.
(3)
Degradation fee. New paving shall not be opened or excavated for
a period of five years after the completion thereof, except in an
emergency situation. If a permit is sought to excavate or open a street
within five years after the completion of new paving for any other
reason than an emergency situation, the application shall be subject
to an additional degradation fee. This fee shall be established by
resolution of Borough Council, as amended from time to time.
(4)
These fees and the amount of performance guarantees may be changed
by resolution of Borough Council.
E.
Enforcement procedures. The Borough Engineer, Code Enforcement Officer,
Public Works Superintendent, Police Officer, or other official designated
by the Borough Manager may prevent or restrain any work which is proceeding
without benefit of a street excavation permit or right-of-way occupancy
permit.
It shall be the duty of any person or entity obtaining a permit:
A.
To confine such opening or excavation to the portion of the street
and to the dimensions generally indicated on the permit.
B.
To commence such work of opening or excavation on the date indicated
in such permit, or as soon as practical thereafter, and to complete
such work, along with the refilling of the excavation and the restoration
of the street surface as required, on or before the date of expiration
of such permit.
C.
To notify the Public Works Superintendent before such opening or
excavation is to be refilled, and thereupon to complete such work
of refilling and resurfacing to the satisfaction of the Public Works
Superintendent or designee and in strict conformity with the requirements
of this article.
D.
While such work is underway, and at all times prior to the completion
of the resurfacing of the street, to keep in place sufficient barricades,
warning signs, and warning lights or flares to guard the opening or
excavation and to warn the traveling public of its location at all
times between sunset and sunrise and at all other times when visibility
is such as to make their use necessary.
E.
To refill the opening or excavation and to resurface the portion as required by § 180-24. The resurfacing shall be done in such a manner as to connect with the existing street surface adjacent to the new resurfacing at the same level so that there are no uneven portions of the street where the existing surface joins the newly resurfaced portion of the street.
A.
Unless specifically permitted by the Borough:
(1)
No street opening shall extend more than 1/2 of the cartway at one
time.
(2)
Two-way traffic shall be maintained.
(3)
Access to driveways and/or buildings abutting the street shall be
maintained.
(4)
Not more than 250 lineal feet of any street shall be opened at any
time.
(5)
No excavated materials or backfill materials shall be stockpiled
on the cartway or sidewalk.
B.
The permittee shall locate in advance of excavation all surface and
subsurface utility lines and structures, as required by 73 P.S. § 176
et seq., also known as the Pennsylvania One Call System. The permittee
shall take all precautions necessary to avoid damage to other utility
lines including loop detectors, and to public and private property.
In the event damage does occur to the property of others, the permittee
shall promptly and satisfactorily repair all damages and restore the
property to a satisfactory condition.
C.
Provisions shall be made to accommodate the flow of stormwater drainage,
and no excavated material or trench shall be permitted to interfere
with the normal flow of surface water. Erosion and sedimentation controls
shall be installed as needed.
D.
Traffic control shall be maintained in accordance with Pennsylvania
Department of Transportation requirements, and the permittee shall
furnish and maintain upon the work site such signs, barricades, lights,
and flagmen as may be necessary to insure safe travel for vehicular
and pedestrian traffic.
E.
No blasting may be performed without a blasting plan approved by
the Borough. If blasting activities are performed pursuant to an approved
blasting plan, then such operations shall be performed by persons
authorized by all federal, state, county, and local authorities to
undertake such activities and shall be carried out in strict accordance
with federal, state, county, and municipal laws or regulations governing
the same.
F.
Appropriate measures must be taken to provide access for emergency
vehicles and to all properties affected by the work.
A.
Cuts through bituminous wearing surfaces shall be scored on a neat,
straight line to the full trench width, using either a pneumatic spade
or a concrete saw. Cuts through concrete shall be sawed to a sufficient
depth to enable removal of concrete with a clean saw break.
B.
Excavated material shall be removed immediately or laid off the cartway
surface to cause as little inconvenience as possible to public travel.
Pedestrian sidewalks shall be kept clean and free of obstruction,
and, where necessary, temporary bridging or plank walkways shall be
provided. Excavated material not suitable for backfill shall be immediately
removed as excavation is in progress. Construction material shall
not be stored in the public street except immediately in advance of
installation. Loose earth and stone shall be promptly cleaned from
the streets and sidewalks, and dust shall be regularly swept up and
removed.
C.
Sidewalls of a trench under four feet in depth shall be kept as nearly
vertical as possible. When over four feet in depth, the trench shall
comply with the requirements established by Occupational Safety and
Health Administration standards.
D.
Backfilling. An opening shall be backfilled by the permittee in accordance
with the following:
(1)
The opening may first be backfilled with fine aggregate materials,
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 to 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 required to place a permanent ribbon
colored under this subsection at least one foot above its facility.
If the facility is nonmetallic, the permittee is also required to
place a metallic ribbon at a depth from which the ribbon can be sensed
by typical metal locating instruments.
(2)
The opening shall then be backfilled with select granular material,
unless retained suitable materials, as defined in Section 459.1 (relating
to 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.
(3)
Backfill should be compacted as follows:
(a)
General rule. Except as provided in Subsection D(2) above, 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(e) of PennDOT Publication 408.
(b)
Compaction outside pavement 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
of equipment, materials and work methods as well as the permittee's
acknowledgement of its obligation and commitment to regularly monitor
the restored surface until 18 months after the acknowledged completion
of the permitted work and to promptly correct failure or subsidence
of the street.
(c)
Existing pavement elevation. Compaction shall be completed to
the bottom elevation of the existing pavement.
(4)
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.
(5)
Test holes shall be backfilled, as soon as safely possible, with
existing type material or other material authorized by the Borough
and sealed. The Borough may authorize test holes in the pavement or
shoulder to be restored without a one-foot cutback of the surrounding
surface.
E.
All cuts, excavation, and backfill shall be performed to the satisfaction
of the Public Works Superintendent, who may develop additional work
standards in consultation with Borough Engineer.
A.
Temporary repairs to bituminous pavement shall consist of the trench
being backfilled with select granular material and topped with at
least 3 1/2 inches of cold patch. In all cases, the permittee
is responsible for keeping temporary pavement repairs in good condition,
free of chuckholes and soft spots, and to clean the street surface
of any debris or earth which may be carried over the street.
B.
Final pavement restoration shall be made only between April 1 and
October 31 each year. If, because of weather conditions or time of
year, temporary paving and natural stone or gravel are utilized, these
temporary materials must be removed to a depth of at least 13 inches
below finished street paving grade. All temporary materials shall
be removed and replaced with permanent repairs as soon as weather
conditions permit. All permanent repairs shall be made as follows.
(1)
If the trench length does not cross the center-line of the cartway,
the entire disturbed lane shall be milled to a depth of 1.5 inches
and repaved after the trench has been properly backfilled and binder
installed as per the trench restoration detail(s) included as appendices
to the Borough's Subdivision and Land Development Ordinance.[1] In areas where the trench runs along or crosses the center-line
of the cartway the entire pavement width (curb-to-curb width) of the
affected street shall be milled (as needed) and repaved with wearing.
All paving shall run a length of at least 10 feet in excess of trench
length on each side of the disturbed area and be properly keyed in
and sealed.
(2)
All restoration of bituminous pavement shall be performed to the
satisfaction of the Public Works Superintendent, who may develop additional
work standards in consultation with Borough Engineer.
A.
Requirements for permanent repairs to surfaces other than bituminous
pavement will be determined by the Public Works Superintendent, who
may in consultation with the Borough Engineer and Borough Council
develop additional work standards. In general, final restorations
in any case shall be equal to the original surface.
B.
Sidewalks must be replaced to meet criteria in Article II of this chapter, including the requirement to apply for a sidewalk permit, prior to pouring the concrete. The sidewalk subbase and forms must be inspected and approved.
C.
Brick pavement shall be restored to good condition as per the Borough's
brick pavement specifications and details.
All work shall be completed as per the standards approved by
the Borough Engineer and be in conformance with PennDOT Publication
408, the Pennsylvania Public Utility Commission, and the Pennsylvania
Department of Environmental Protection Standards.
Any person, firm, or corporation who shall violate any provision
of this article or fails to comply therewith or with any of the requirements
thereof, upon conviction thereof in an action brought before a Magisterial
District Judge in the manner provided for the enforcement of summary
offenses under the Pennsylvania Rules of Criminal Procedure, shall
be sentenced to pay a fine of not less than $100 nor more than $1,000
plus costs, including reasonable attorneys' fees incurred by
the Borough, and, in default of payment of said fine and costs, to
a term of imprisonment to the extent permitted by law for the punishment
of summary offenses. A separate offense shall arise for each day or
portion thereof in which a violation of this article is found to exist
and for each section of this article found to have been violated.
The Borough may also commence appropriate actions in equity to prevent,
restrain, correct, enjoin or abate violations of this article. All
fines and penalties collected for violations of this article shall
be paid to the Borough Treasurer. The initial determination of ordinance
violation is hereby delegated to the Borough Manager, the Police Department,
the Code Official, the authorized designee of the Borough Manager,
and to any other officer or agent that the Borough Manager or the
Borough Council shall deem appropriate.
