[Adopted 7-8-1974 by Ord. No. 500; amended in its entirety 7-22-2010 by Ord. No. 877]
A. 
No person, firm or corporation shall cut or dig open the paved roadway of any Borough public street or Borough property within the Borough of Sayre without first obtaining a permit therefor from the Borough Engineer or designated representative. Street cut permits will be valid for up to six months from the date of issue. All permitted work shall be completed within those six months. A time-extension permit supplement will be issued to extend the completion time an additional six months. The cost for each extension permit will be set by resolution.
B. 
For private permittees, when a permit reaches the six-month expiration date and the work has not been completed and accepted by the Borough Engineer or designated representative, the bonding company will be notified and no further permits will be issued until this matter has been corrected. In the case of a public utility company, an extension will be issued automatically and the required fee will be added to the monthly invoice. All permit fees are levied in accordance with the fees specified by Borough ordinance and set forth by resolution. (Street cut fee schedule attached)[1]
[1]
Editor's Note: The street cut fee schedule is included at the end of this chapter.
C. 
Permit is invalid until it is paid in full by check or money order, payable to the Borough Treasurer at the receipt of the completed permit or within 30 days of monthly invoice date if applicable.
D. 
No person, firm or corporation shall cut, dig, open or excavate the paved roadway of any Borough public street, Borough parking lot, or a paved area on Borough property within the Borough of Sayre within five years from the date the area was paved. This will not apply to emergency evacuations verified by an emergency Pennsylvania One call and the Public Works Department.
[Added 11-21-2017 by Ord. No. 944]
E. 
The prohibition provision in Subsection D, shall be retroactive to January, 1, 2014. Therefore, any Borough roadway, Borough parking lot, or a paved area on Borough property as of January, 1, 2014 shall not be cut or dug open any earlier than January 1, 2019. This will not apply to emergency evacuations verified by an emergency Pennsylvania One call and the Public Works Department.
[Added 11-21-2017 by Ord. No. 944]
A. 
Application for a street cut permit, copy attached,[1] shall be made in writing on the forms prescribed by the Borough Engineer or designee. The application shall indicate the property street address, location and description of the area for which such cut(s) or opening is to be made; the name and address of the applicant; dimensions; purpose of the proposed cut or opening; approximate time required to complete the work, and a copy of an approved work zone traffic control plan in accordance with PennDot Publication 203 and amendments.
[1]
Editor's Note: The street cut permit application is included at the end of this chapter.
B. 
Application for a supplemental street cut permit time extension, copy attached,[2] shall be made in writing on the forms prescribed by the Borough Engineer or designee. The application shall indicate the original permit number, expiration date and a written explanation as to the reason for the supplement.
[2]
Editor's Note: The application for a street cut permit extension is included at the end of this chapter.
C. 
To avoid work delays, submit your application to the Borough Engineer or designated representative at least three working days in advance of the anticipated date work is to commence. (dmjarrett@stny.rr.com)
D. 
Information regarding the on-line system is attached.
All persons, firms or corporations performing the actual work of opening the street and making excavations, backfill and repairs, as hereinabove provided, shall be required to furnish to the Borough of Sayre, in the amount of $10,000, a ten-year maintenance bond. Said bond shall be a surety bond issued by a bonding company acceptable to and subject to the approval of the Sayre Borough Council, the condition of said bond being that work performed under street opening permits shall be consistent with requirements of this article or up to the amount listed therein shall be forfeited to the Borough of Sayre. The amount forfeited shall be the cost of correcting any deficiency in workmanship of the permit holder. In addition, the excavators shall furnish a certificate of insurance in the amount of $1,000,000 to cover all property and casualty damages caused by the opening or excavation and name Sayre Borough as an additional insured.
Borough ordinances do not permit closure of Borough streets as a matter of course with issuance of a street cut permit. Specific approval to close a street or to materially alter traffic patterns must be obtained from the Borough Engineer or designee. In their absence or in an emergency, the Police Department or Police Force designee may grant approval. In every case, the permittee's request to close or alter traffic must include precise location, reason, work methods, time and date, and what alternatives were considered. The Borough reserves the right to require work hours of 9:00 a.m. to 3:00 p.m. and 6:00 p.m. to 6:00 a.m. permittees will be required to place steel plates, pinned in place, to maintain traffic flow during nonworking hours in such areas (also see § 141-23, Weather limitations). Such authority shall include, but not be limited to, the power to require that work be done on a continuous, around-the-clock, twenty-four-hour basis for major thoroughfares.
A. 
All permittees are responsible to notify businesses and residences that will be affected by street cut work on both sides of the street in the block area that blocks, restricts traffic flow or prevents the usual parking in the area affected by the work. This notification shall be given by "door to door" notices in the work site area at least 48 hours prior to commencing work. A copy of the property owners notified shall be provided to the Borough. (See sample notice attached).[1]
[1]
Editor's Note: The sample notification is included at the end of this chapter.
B. 
All permittees shall furnish material and traffic control devices necessary for the maintenance and protection of traffic and pedestrians, conforming to Penn DOT Work Zone Traffic Control 67 PA Code, Chapter 203, and amendments thereto until the roadway is restored to the condition required. If at any time a detour may be required, the permittee shall first contact the Borough Engineer or designated representative.
A. 
All existing pavements shall be saw cut or cut to preserve a square edge. Cut shall be full depth of the concrete or base thickness, and care shall be taken in removing the concrete to insure that the slab breaks on the next line produced by the concrete saw. Asphalt concrete pavement and all excavated material shall be removed from the site. There shall be no storage of any material on the street surface.
B. 
All excavation, trenching and shoring, and the like shall be performed in a manner that meets with OSHA Department of Labor, Safety and Health Regulations for construction. It is the responsibility of the permittee, therefore, to understand and abide by all OSHA regulations concerning trenching and shoring as outlined in the OSHA Technical Manual, Section V, Chapter 2 and amendments.
C. 
All permittees are responsible for notifying the Borough Engineer or designated representative in advance of all excavations within the Borough right-of-way.
D. 
All permittees are responsible for notifying the Borough Engineer or designated representative prior to any concrete and/or final restorations in order to schedule the inspection visit to each location/site.
A. 
The Borough's Engineer or designee may adjust the requirements or restoration and maintenance based on the Borough's street maintenance schedule or the condition of the Borough street or the Borough's sewer line replacement schedule for said streets. At the discretion of the Borough engineer or designee, he may require an independent compaction test that must be complied with by the permittee.
B. 
It shall be the duty of the permittee, in the manner set forth in this chapter, to cause within the period of six months such highways to be restored in the manner specified as outlined under § 141-7.2 for asphalt base and for concrete base.
C. 
Permitee is to maintain such portion of the highway for a period of three years from the date of such final restoration, subject at all times to the approval of the Borough Engineer or designee. In the event the permittee fails to maintain such restoration after having received written notice from the Borough Engineer or designee, the Borough Engineer or designee will instruct the permittee’s bonding agent to cause the proper restoration to be performed and maintained for the period required herein.
[Amended 4-27-2017 by Ord. No. 941]
D. 
When a longitudinal opening longer than 10 feet and/or wider than three feet is made in the highway pavement, the permittee shall overlay the entire traffic lane plus one foot of overcut on the perimeter in which the opening was made.
E. 
When two or more transverse trench openings are made in the highway pavements less than 100 feet apart, the permittee shall overlay the traffic lane in which the openings were made for the entire length of the highway between such openings.
F. 
When four or more openings are made by the same permittee in the highway pavement less than 100 feet apart, the Borough Engineer or Representative shall require the permittee to overlay the entire disturbed area.
G. 
When the permitted opening is to be closer than five feet from the edge of an existing patch or patches in the pavement, the restoration shall be extended to include said patch.
H. 
All permittees test boring, or drilling a three-inch or larger hole into any Borough highway for location of leaks or venting of leaks, will be required to backfill holes with flowable fill only, no filler material. All permittees shall install asphalt surface in accordance with § 141-7.2. If the hole is three inches or less the permittee will fill the hole with No. 8 stone and AC 20 asphalt sealer.
I. 
Pavement markings. It is the permittee's responsibility to replace all in conforming with pavement markings that are removed or damaged. All material shall meet with the approval of the Borough Engineer or designee.
J. 
Detectable warning surfaces shall be required on every handicapped ramp within every street that is part of a street opening project by a utility company and shall be installed by a utility company when the street opening work is performed on any street within a one-block area from the street opening project. The utility company shall only be required to repair or replace the detectable warning surface for five years from the last day of installation of the detectable warning surface.
[Added 1-23-2014 by Ord. No. 906]
A. 
Compaction shall be 100% maximum density with flowable fill and 95% maximum density with granular materials. Soil that has exceeded liquid limits may not be used as backfill. When the opening is ready for backfill, the subject permittee shall contact the Borough of Sayre at the Office of the Borough Secretary. The Borough will dispatch a Borough Engineer or designee to inspect the backfilling process as expeditiously as possible. If the permittee starts backfilling the excavation before the Borough inspector arrives, the permittee will be required to re-excavate the backfill if a question arises as to the liquid limit or compaction percentage of the backfill material.
B. 
The permittee shall commence with backfilling of any part of the excavation until the Borough Engineer or designee from the Borough has inspected such part.
C. 
On streets that have not been paved in the last seven years and heavily traveled streets as determined by the Borough Engineer or his designee, the permittee shall backfill with flowable fill or adequate virgin materials, No. 2RC aggregate material, or No. 57 clean course aggregate.
D. 
Compaction is to be performed using vibrating compaction equipment or mechanical tampers; hand tamp around utilities, if necessary.
E. 
When an opening is made in the center of the highway, the permittee shall match the existing grade of the pavement and pave from curb to curb.
F. 
The Borough's Engineer or designee may adjust the requirements for compaction and backfill based on the condition of the subsurface of the street.
G. 
All backfill material shall be adequate virgin material, or 2RC aggregate material, and/or either No. 57 clean coarse aggregate not to exceed RC No. 3 or select granular material as specified by Penn DOT Form 408, Sections 703.2 and 703.3 and placed in six-inch lifts to one foot below the subgrade elevation for streets or poured surfaces.
H. 
On streets that have been paved in the last seven years and heavily traveled streets as determined by the Borough Engineer or his designee, the permittee shall use Penn-DOT-approved Type A flowable backfill.
I. 
The bituminous concrete base course shall be installed after backfilling with granular material is completed and in the presence of the Borough inspector or after sufficient curing time has been achieved for flowable fill.
Final street cut restoration must consist of four inches minimum of bituminous base course (BCBC). Place two inches minimum ID-2 wearing course to match the existing street surface. Seal all edges with AC 20 asphalt sealer. Two inches in each side from the edge of the cut to form a four-inch continuous seal around the cut.
A. 
Permittee shall not place asphalt or apply bituminous coatings when base surface temperature is less than 40° F., or when surface is wet or frozen. When an opening is made during the time of year when all local asphalt pug mills are closed, bituminous cold patch may be used. The cold patch shall be installed to a compacted thickness of two inches. When the local pug mills reopen for the season, all openings repaired with cold patch shall be removed and shall be replaced with the hot-mix application, as outlined in the article in § 141-7.2 above, within 60 days of the pug mill reopening date.
B. 
Utilize a temporary surface of cold patch two inches in depth, if final restoration cannot occur due to weather limitations.
C. 
Permittee will be allowed to place steel plates on Borough streets between October 31 and April 1.
A. 
No permittee may allow dirt or debris to enter the Borough sewer system. All stormwater inlets within the drainage area of the excavation must be protected by a filter system that will prohibit water from carrying silt or other debris into the sewer. Acceptable means of protection are the use of a filter material insertion into each inlet.
B. 
Any permittee who does not provide protection as described herein will be required to clean and flush each inlet that the Borough Engineer's representative determines has been contaminated.
It is the permittee's responsibility to properly restore any and all adjacent surfaces disturbed by the action of work in the right-of-way to equal or better condition than existed prior to start of work. Sidewalks, driveways, curbs, lawn or grass areas will be restored in accordance with Borough ordinance. All work is to be done at the permittee's cost and expense to the satisfaction of the Borough Engineer or designee and the property owner.
Any utility openings in sidewalks for utility service connections that require excavation shall be backfilled with flowable fill as set forth in the Street Ordinance subject to the review and approval of the Borough Engineer or his designee.
When openings are made on streets, Borough parks or sidewalks using bricks as a wearing surface flowable fill a minimum of four inches shall be installed under the brick surface.
Any person, firm or corporation violating any of the provisions of this article shall, upon conviction thereof, be fined not less than $50 nor more than $600 for each offense, to be collected as fines and penalties are by law collectible, or shall be imprisoned in the county jail for a term of not exceeding 30 days, or both.
No permit shall be issued to any person, persons, corporation or other party in default under this article until the costs and expense herein provided for are paid.
In no case shall any opening or excavation made in the Borough of Sayre by any permittee be considered in the care of or in the charge of the Borough. No officer or elected official or any other person employed by the Borough is authorized in any way to take or assume any jurisdiction or responsibility for the Borough over such openings or excavations. The Borough inspection of all subject excavations shall be performed only by the Borough Engineer or designee of the Borough Council, as hereinbefore stated. The Borough inspection does not remove from the permittee his complete responsibility for the subject excavation or opening at all times.