Chapter 12, Driveways and Curb Cuts

[HISTORY: Adopted by the Borough Council of the Borough of Harveys Lake 1-17-1989 by Ord. No. 2-1989. Amendments noted where applicable.]

Drainage permits and maintenance -- See Ch. 11.
Street excavations -- See Ch. 41, Art. I.

§ 12-1. Definitions.
The following words, terms and phrases, when used in this chapter, shall have the meaning ascribed to them in this section, except where the context clearly indicates different meaning.
A. HIGH-TYPE -- Machine-laid asphalt over a base of concrete, brick, Belgian block, crushed stone, bituminous concrete or oil and stone.
B. LOW-TYPE -- Riding surface of oil and stone.
C. SPECIAL-TYPE -- Riding surface of brick, Belgian block or cobblestone.
A. CAPITAL IMPROVEMENT -- Preplanned to improve or upgrade existing system or install completely new system.
B. LATERAL SERVICE CONNECTION -- Providing new or additional service to consumer.
C. EMERGENCY REPAIR -- Work necessitated by the rupture or malfunction of existing underground facilities.

§ 12-2. Permits.
A. A permit must first be obtained before any opening is made in any thoroughfare, cartway or sidewalk in the Borough. The only exception is for emergency repairs. (A special emergency permit card shall be issued to the utility by the Borough.) In emergency situations, the utility shall be required to apply to the Department of Public Works on or before 12:00 noon of the next following business day.
B. No resolution shall be required by the applicant; however, an application form, properly completed and including a location sketch, shall be submitted before a permit is issued. Permit fees shall be billed by the Borough of Harveys Lake and shall be payable to the Borough Secretary. Application forms shall be provided by the Borough of Harveys Lake. Location sketch shall set forth the length, width and depth of the trench, street names, type and square yards of pavement removed and the exact location of cut.
C. Once issued, a permit shall at all times be in the possession of a competent person actually on the work site and shall, upon request, be shown to any Harveys Lake Borough police officer or properly authorized employee of the Borough. All work done without a permit will be subject to penalty of 100% of regular fees. A special emergency permit card, provided by the Borough of Harveys Lake, shall be used in lieu of a permit in cases of emergency until proper permit application is made in accordance with Subsection A.

§ 12-3. Insurance protection.
A. The applicant shall agree to protect and defend and indemnify and save harmless the Borough, its officers and/or agents thereof from all claims, suits, actions and proceedings of every nature and description, which may be brought against the Borough, its officers or agents thereof, for or on account of any injuries or damages to persons or public and private property due to any materials or appliances used in the work or by or on account of improper materials or workmanship or for or on account of any accident or any other act, negligence or omissions of said applicant or his agents, servants or employees and the Borough shall not, in any way, be liable therefor during the period of the work progress and the one-and-one-half-year guarantee period following the completion of the work.
B. Insurance.

(1) Minimum insurance shall be:
(a) One hundred thousand dollars per individual with $300,000 limit each occurrence for bodily injury.
(b) One hundred thousand dollars property damage.
(2) Evidence of insurance in the form of a certificate or letter executed by a duly authorized representative of the applicant's insurance carrier shall be submitted to the Director of Public Works to be recorded and filed with the Borough Secretary. Said evidence of insurance must include a provision that the Borough shall be given proper advance notice of at least 30 days of any cancellation or any material alteration in the applicant's policy.

§ 12-4. Safety precautions.
During the progress of the work, the applicant shall provide and maintain such barricades, warning signs and watchmen as may be deemed necessary by the Borough to prevent avoidable accidents to the public and/or adjoining tenants. Minimum precautions must include, but should not be limited to, advance warning signs on all approaches to the work, safe crossing for vehicles at all intersections and safe crossing for pedestrians each 300 feet and barricades with flashers on each exposed side at a minimum of fifty-foot intervals. The applicant is to remove all debris resulting from his work within 24 hours of completion of the work.

§ 12-5. Time periods.
A. For small area pave cuts, the utility shall be required to complete the entire project within 48 hours of the initial cut during the normal working week, excluding holidays and Saturdays and Sundays. Extension of time may be allowed upon appeal to the Director of Public Works, provided that the contractor substantiates sufficient reasons for the time extension request. The Borough inspector will check and inspect excavation.
B. Work on long cuts, those over 25 feet in length, shall proceed in a continuous manner in accordance with requirements outlined in § 12-6.
C. Permits for long cuts, over 25 feet in length, will not be granted during the months of November through March, except by special permission of the Director of Public Works.
D. The utility or contractor shall coordinate all planned cuts in Borough streets with the paving program of the Borough. A construction schedule comprising planned cuts for a minimum of one year shall be submitted to the Director of Public Works by February 15 of each year. The Borough will provide a paving program for a one-year period to the utilities prior to February 1. Changes in the utilities' schedule shall require confirmation of approval by the Director of Public Works. Changes in the Borough paving program shall be submitted to all utilities at the earliest possible date to permit the utilities to adjust their respective schedules.

§ 12-6. Scheduling.
All excavations shall be commenced and completed by the use of a reasonable workforce. At his discretion, the Director of Public Works may require around-the-clock work or he may limit work to nighttime hours. In peak traffic areas, all excavated material shall be removed, and daily, at the cessation of work, adequate steel plates or wooden planking shall be placed over the excavation while it is not being worked. The maximum length of any opening shall be 200 feet and only one traffic lane may be closed at any one time.

§ 12-7. Opening of street.
A. High-type pavement. Power-driven concrete saws or air hammers shall be used for all cuts in portland cement concrete based pavements. The cuts must be of sufficient depth to provide a smooth edge. Opening in brick or Belgian block based streets shall be of sufficient width to expose 1/2 row of undisturbed interlocking stone. No pavement busters shall be used until surface cut has been sawed or cut with air hammer.
B. Special-type pavements. The removed riding surface (brick, Belgian block or cobblestone) shall be preserved at the work site subject to provisions of § 12-6 for restoration after the opening has been backfilled.
C. Responsibility for damages to pavement. In the event that an emergency cut is made and, upon inspection, it is discovered the damage incurred by one utility line was caused by another utility or by the Borough sewer system, the responsible party will reimburse the injured party(ies) for the repair and permanent pavement restoration costs. It shall be the responsibility of the party making the cut to contact the Director of Public Works and all concerned pertinent utilities to instruct them (it) to have representatives inspect the condition before any backfilling is begun.

§ 12-8. Backfilling.
The Department of Public Works will be notified at least 24 hours in advance of all backfilling. In general, backfilling will be done in such manner as to obtain a relative compaction throughout the entire depth of backfill of not less than that which exists adjacent to the excavation. Excavated material may be used, provided that it is dry, free from frozen lumps of earth or rocks larger than three inches in diameter. The method or methods of backfilling used must be consistent with good engineering practice; i.e., material used shall be placed in layers not exceeding six inches, properly tamped using mechanical vibrator and/or mechanical or hand tamper, up to the bottom elevation of the pavement structure.

§ 12-9. Temporary restoration.
The permittee is responsible for all costs and expenses of making and maintaining temporary and permanent restorations of disturbed areas. Temporary restoration consists of a minimum of three inches bituminous material and is maintained in place until permanent restoration is made. Permanent restoration is defined in § 12-10.

§ 12-10. Permanent restoration.
Only the utilities or their contractors will be permitted to make permanent restorations of openings in pavements. The restored pavement will be guaranteed from failure for 1 1/2 years from December 31 of the year of the restoration (two winters). Permanent restoration must be done within 30 days for small cuts, 90 days for long cuts, except after closed season, final date, April 1. Sixty days maximum is permitted on all cuts. Any failure of restoration shall be reported to the pertinent utility and repairs by the utility will be begun within 24 hours after notification. Upon failure of the utility to repair the cut in a satisfactory manner, the Borough has the option to do the repairs and bill the utility for costs. Charges will be computed in accordance with the fee schedule in § 12-14.

§ 12-11. Restoration.
A. High-type pavements.

(1) Prior to the replacement of the base course, the existing base and surface must be sawed (saw surface layer four inches beyond base opening, all edges), drilled (holes six-inch on center if drilled) or exposed one foot on each side of any failures or undercuts that may have developed. The base course shall be replaced with a minimum of eight-inch-high early strength concrete to the elevation of the existing base courses. The high early strength concrete, after placement, must be cured in accordance with Section 704.1(g) PDH Form 408. Following the concrete curing, a tack coat of bituminous material type E-1 will be laid. The tack coat shall meet the requirements of Section 460, Form 408. After the tack coat has cured, the bituminous binder and/or wearing course shall be placed and rolled to conform to the existing road binder and wearing course and the edge sealed.
(2) Bituminous concrete base may be used in lieu of HES concrete on roads with existing bituminous concrete and oil and stone bases. On long cuts, surface refinishing must be rolled with not less than a three-ton roller. Small cuts may be hand-tamped and rolled.
B. Special-type pavements. Permanent restoration of any opening, regardless of size, will be permitted. The permanent restoration shall consist of relaying the original wearing surface in accordance with the original installation in such a manner to prevent settlement or other deterioration.
C. Low-type pavements. Fill opening with a minimum of three inches hot bituminous and seal all edges.

§ 12-12. Marker.
A marker for identification showing the mark of the permittee shall be placed in each opening made for service installations or repairs within the thoroughfare. The marker shall have a head of at least 1 1/2 inches in diameter with a three-inch spike. It shall be placed at the edge of the cut closest to the curb and at the end with the lowest street number.

§ 12-13. New paving or resurfacing.
All utilities shall schedule necessary capital improvements and service connections upon receipt of proper notice from the Director of Public Works of a planned street paving or resurfacing project. Thereafter, no cuts will be permitted in the new pavement within a six-year period. For service and emergency openings, all fees and charges will be doubled during the six-year period.

§ 12-14. Fee schedule.
A. Processing and issuing permit: $25.
B. Backfilling inspection costs:

(1) Small cuts (maximum five square yards): $2.50 per square yard.
(2) Long cuts: $25 per day.
C. Permanent restoration.
(1) High-type: $25 per square yard. Where said pavements are laid on a concrete, brick or Belgian block base, a charge for an additional six inches beyond the perimeter of the cut or the area affected or disturbed.
(2) Low-type: $10 per square yard.
(3) Special-type: $50 per square yard. This high charge is to encourage permanent restoration with the original wearing surface.

§ 12-15. No-fee permit.
The Borough will issue a no-fee permit for any paving cuts made on state highways within the Borough for which a state highway permit has been issued. A copy of the state permit, along with a location sketch, shall be presented to the Department of Public Works office before a no-fee permit will be issued.

§ 12-16. Nonissuance.
The Borough of Harveys Lake reserves the right to refuse issuance of a pave cut permit to any applicant who fails to maintain cuts in accordance with this chapter or fails to pay sums due to the Borough within 30 days from date of billing.

§ 12-17. General contractors.
At the discretion of the Director of Public Works, licensed contractors, other than those under contract to a utility, may be permitted to make an opening, cut or excavation in the Borough's public streets. However, such contractors will not be allowed to make permanent restoration. Sections 12-3, 12-4, 12-5, 12-6, 12-7, 12-8, 12-9, 12-12, 12-13 and 12-16 pertaining to public utilities shall be applicable to such licensed contractors.