Part 1
Openings and Excavations
§21-101 Definitions.
The following words used in this Part shall have, unless the context clearly indicates otherwise, the meanings given to them in this Section:
Acknowledgment of completion–the date on which the Borough records that the permitted work appears to be completed under the permit and this Part.
Adjacent area–the area surrounding the immediate area of the permitted work which can reasonably be assumed to have been affected by the permitted work.
Backfill–material used to replace or the act of replacing material removed during construction.
Base course–the layer or layers of specified or selected material or designed thickness placed on a subbase or a subgrade to support a surface course.
Borough–the Borough of Selinsgrove, Snyder County, Pennsylvania.
Borough Council–the duly elected Council of the Borough of Selinsgrove, Snyder County, Pennsylvania.
Borough Engineer–the duly appointed civil engineer for the Borough of Selinsgrove, Snyder County, Pennsylvania.
Borough Manager–the duly appointed Manager for the Borough of Selinsgrove, Snyder County, Pennsylvania.
Clear zone–the portion of the right-of-way beyond the pavement edge within which, under Design Manual, Part 5, no new obstructions may be located.
Culvert–a structure under the pavement with an opening of 20 feet or less measured along the center of the pavement.
Department–the Department of Transportation of the Commonwealth of Pennsylvania.
Design Manual, Part 2–a Department publication containing the Department’s highway design criteria.
Design Manual, Part 5–a Department publication containing the Department’s utility relocation and accommodation policies relating to permits issued in conjunction with highway construction projects.
Emergency–an unforeseen occurrence or combination of circumstances which calls for immediate action or remedy.
Emergency repair–repair to a utility facility undertaken to repair damage resulting from a vehicle accident or collision with the facility, a failed component or storm damage. The term does not include service connections or disconnections unrelated to vehicle accident, a failed component or storm damage.
Equipment–machinery and equipment, together with the necessary supplies for upkeep and maintenance, and tools and apparatus necessary for the proper construction and completion of the work.
Flexible base pavement–a pavement structure which maintains intimate contact with and distributes loads to the subgrade and depends on aggregate interlock, particle friction and cohesion for stability.
Grout–a mixture of cement, water and sand.
Highway–a highway on the system of Borough highways, including the entire width between right-of-way lines. The term “highway” includes any and all Borough streets, roads, lanes, alleys and rights-of-way.
Improved area–the area within the right-of-way which has been constructed for highway purposes, including roadbed, pavement, shoulders, slope, sidewalks, drainage facilities and other appurtenances.
Inspector–the Borough’s authorized representative assigned to inspect permit operations.
Pavement–the combination of subbase, base course and surface course placed on 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 term does not include shoulders.
Permit–a highway occupancy permit issued by the Borough Manager.
Person–a natural person, firm, partnership, association, corporation, trust or any entity with legal responsibilities. Whenever used in any clause prescribing or imposing a fine or imprisonment, or both, “person” shall mean, as applied to associations, the partners or members thereof and, as applied to corporations, the officers thereof.
Plans–which show the location, character and dimensions of the proposed occupancy and related highway features, including layouts, profiles, cross sections and other details.
Plowing–direct burial of a utility line by means of a plow-type mechanism which breaks the ground, places the utility line and closes the break in the ground in a single operation.
Publication 408–a Department publication containing the Department’s highway construction specifications, as supplemented.
Right-of-way–the area which has been acquired by the Borough for highway purposes.
Rigid base pavement–a pavement structure which distributes loads to the subgrade having as one course a Portland concrete slab of relatively high bending resistance.
Roadbed–the graded portion of a highway within top and side slopes, prepared as a foundation for the pavement and shoulder.
Roadway construction standards–Department Publication No. 72 containing the Department’s design standards for highway construction.
Seal coat–a thin treatment consisting of bituminous or other approved material, usually with cover aggregate, applied to a surface course.
Select granular material or 2 RC–a material meeting specifications in §703.3 of Department Publication 408.
Shoulder–the existing improved or graded portion of the highway, contiguous to the traffic lanes, for accommodation of stopped vehicles, for emergency use or for lateral support of base and surface courses of pavements.
Subbase–the layers of specified or selected material of designated thickness placed on a subgrade to support a base course.
Subgrade–the top surface of a roadbed upon which the pavement structure and shoulders, including curbs, are constructed.
Suitable material–soil, granular material or shale meeting specifications in §206.2 of Department Publication 408.
Supplement–an amendment to the highway occupancy permit issued by the Borough.
Surface course–one or more layers of a pavement structure designed to accommodate the traffic load, the top layer of which resists skidding, traffic abrasion and the disintegrating effects of climate. The top layer is sometimes called the “wearing course.”
Tack coat–an application of bituminous material to an existing surface to provide bond with a superimposed course.
Test hole–an exploratory opening less than 100 square inches.
Utility–a person owning a utility facility, including any wholly owned or controlled subsidiary.
Utility facility or facility–privately, publicly or cooperatively owned lines, facilities and systems for producing, transmitting or distributing communications, power, electricity, light, heat, gas, oil, crude products, coal, water, steam, waste, stormwater not connected to Department or Borough drainage facilities and other similar commodities, including fire and police signal systems and street-lighting systems, which directly or indirectly serve the public or any part thereof.
Vehicle–every device which is or may be moved or drawn upon a highway.
(Ord. 639, 7/11/1994, §4(a))
§21-102 Permit Required.
Except as provided in paragraphs .A through .C, below, no work may be performed within the right-of-way involving the placing of utility facilities or other structures or openings of the surface without first obtaining a permit from the Borough Manager. Work performed within the right-of-way shall conform to 67 Pa.Code, Chapter 203, (relating to work zone traffic control) and all amendments thereto.
A. Emergency repairs of utility facilities may be performed without a permit.
B. Permit applications are not required for stringing overhead utility lines.
C. Permits are not required for accessing an existing utility facility through a manhole.
(Ord. 639, 7/11/1994, §4(a))
§21-103 Permit Application Procedure; Appeals.
1. All persons required to obtain a permit shall follow and abide by the permit application procedures set forth in 67 Pa.Code §459.3(b), (d), (e), (f), (g), (h), (i) and (j) and all amendments thereto, which procedures are adopted in their entirety and incorporated herein by this reference, except that where applicable the word “Borough” shall be substituted for the word “Department.”
2. A permit application shall be submitted to the Borough Manager.
3. The Borough Manager or, when necessary, the Borough Engineer will examine and determine the genuineness, regularity and legality of every application and may reject an application if not satisfied as to its genuineness, regularity or legality or the truth of a statement contained in the application. The Borough Manager and/or Borough Engineer may also make investigations and require additional information as he deems necessary.
4. The applicant may appeal an adjudication of the Borough Manager to the Borough Council by submitting a written request for a hearing within 30 days after service of the document containing the adjudication. A filing fee in an amount as established, from time to time, by resolution of Borough Council, made payable to the Borough, shall accompany each request. [Ord. 825]
(Ord. 639, 7/11/1994, §4(a); as amended by Ord. 825, 10/3/2016, §5(B))
§21-104 Fees.
1. Application Fees.
A. Application fees charged to defray costs incurred by the Borough in reviewing and processing the application and plans, including the preliminary review of the site location identified in the application, whether or not a permit is issued and processed, and for the depreciation of the structural integrity of the Borough streets from such cuts and excavations, shall be in amounts as established, from time to time, by resolution of Borough Council. [Ord. 825]
B. From time to time, the Borough is authorized to modify the above-mentioned fees by a duly adopted resolution, which shall be deemed to have the same effect as if fully set forth herein. [Ord. 682]
2. General inspection fees charged to defray costs incurred by the Borough in spot inspections of permitted work or subsequent inspections after the permitted work has been completed and to monitor compliance with the permit and this Part shall be in accordance with those set forth in 67 Pa.Code §459.4(b)(1) through (6), and all amendments thereto, which fees are adopted in their entirety and incorporated herein by this reference. Any such change of those fees in that Section shall be applicable herein without any formal action by the Borough Council.
3. Permit application fees and general permit inspection fees are not required from the following:
A. The Commonwealth of Pennsylvania or any of its political subdivisions.
B. Governmental authorities organized under the laws of the Commonwealth of Pennsylvania.
C. The Federal government.
D. Utility facility owners for:
(1) The installation or maintenance of highway lighting at the request of the Borough.
(2) The replacement or renewal of their facilities prior to a Borough maintenance project after notice from the Borough.
(3) The removal of poles and attached appurtenances.
(4) Facilities moved at the request of the Borough.
4. Additional Fees.
A. If the Borough anticipates that the cost of reviewing the required application information or inspecting the permitted work will exceed the application or inspection fees listed in this Part by a significant amount, the following additional fees shall be assessed:
(1) The Borough will estimate the additional amount of engineering, surveying, administrative costs and fees and prepare a reimbursement agreement for execution by the applicant. The Borough’s review of the permit application will commence on the effective date of the agreement.
(2) If the Borough determines that the permitted work is of sufficient magnitude or importance to warrant assignment of one or more persons to inspect the permitted work on a more than spot inspection basis, the permit will so indicate, and the permittee shall be charged for additional salary, overhead and expenses incurred by the Borough for inspection.
B. The charges will be calculated either on an actual cost basis or a standard unit cost basis.
C. The Borough will provide an itemized invoice for additional fees due the Borough.
(Ord. 639, 7/11/1994, §4(a); as amended by Ord. 682, 9/13/1999, §3; and by Ord. 825, 10/3/2016, §5(B))
§21-105 Issuance of Permits; Security; Supplements; Notification of Completion.
1. Upon approval of an application submitted under this Part, a permit will be issued by the Borough Manager, subject to this Part and the conditions contained in the permit and its attachments and supplements. The permit shall be the applicant’s authority to proceed with the work specified in the permit. A copy of the permit and relevant plans shall be available at the work site for review.
2. If the permittee will be authorized to perform a substantial amount of work within the right-of-way, the Borough may, at its sole discretion, require the applicant to execute an agreement or provide security, or both, as a prerequisite to issuance of the permit. If security is required, it shall be delivered to the Borough in a form and amount acceptable to the Borough and shall guarantee restoration and maintenance of the highway for a period of at least 2 years after the acknowledged completion of the permitted work. If the security is executed by a company registered and authorized to do business in Pennsylvania, the following documents are acceptable forms of security:
A. An individual or blanket bond executed by the permittee and naming the Borough as obligee.
B. An irrevocable letter of credit signed by a bank officer and naming the Borough as sole beneficiary, to be honored on presentment.
C. An assignment of cause of action when authorized by the Borough.
D. An escrow account in a form acceptable to the Borough.
3. A permit will only be issued to the applicant.
4. The permittee may request in writing a supplement to the permit to amend a permit condition, such as revising the traffic control plan or extending the permit expiration date. A permit is valid for a 6-month period, or multiples thereof as specified in the permit, subject to the following conditions:
A. If the permittee has not completed authorized work by the completion date specified on the permit, an application shall be submitted requesting a time extension on the permit.
B. If approved, a supplement to the permit authorizing a new completion date will be issued by the Borough Manager.
C. No extension of the permit will be authorized unless the permittee obtains an extension on the duration of the bond, insurance or other security required under this Part, which extension of the bond, insurance or other security corresponds with the permit time extension. The permittee shall provide evidence of the extension to the Borough.
D. No work may be performed on an expired permit until a time extension supplement or new permit is obtained.
E. No time extension supplement will be issued for a request received more than 30 days after the expiration of the permit. In that case, an application for a new permit may be substituted to the Borough.
5. When permitted work has been completed, the permittee shall notify, in writing, the Borough Manager.
6. At least 15 days prior to opening more than 500 linear feet of pavement or shoulder, or both, the permittee shall deliver photo-documentation to the Borough verifying the preconstruction condition of the pavement and shoulder surfaces in accordance with the requirements set forth in 67 Pa.Code §459.6(g), and any amendments thereto, which requirements are adopted in their entirety and incorporated herein by this reference.
(Ord. 639, 7/11/1994, §4(a))
§21-106 General Conditions Applying to Permits.
The following conditions apply to permits issued under this Part:
A. The permit is binding upon the permittee, its agents, contractors, successors and assigns.
(1) The permittee is responsible for causing compliance with the terms and conditions of the permit by its employees, agents and contractors.
(2) The permit shall be located at the work site and be available for inspection by a police officer or representative of the Borough.
(3) The permit shall be maintained by the permittee as a permanent record and remain in effect subject to the permit conditions and this Part, as long as the permittee’s facilities authorized by the permit occupy the right-of-way.
(4) Responsibility for compliance with the terms of the permit may not be assigned or transferred by the permittee without first obtaining approval from the Borough Council after submitting a written request to do so. If a permit is assigned or transferred without first obtaining approval from the Borough Council, the assignment or transfer is void. A facility installed under the authority of the permit shall be subject to removal at the expense of the applicant to which the permit was issued or its assignees, or both.
(5) The permittee is liable to the Borough for failure to comply with the permit and this Part. The liability of the permittee to the Borough does not preclude the permittee or the Borough from bringing an action against the permittee’s contractor, subcontractor, engineer, architect, assignee, agent, workers, employees or other persons.
B. Work authorized by the permit is subject to the provisions set forth in 67 Pa.Code §459.7(2), (3), (5), (6), (7), (9), (13), (14), (15) and (17), and any amendments thereto, which provisions are adopted in their entirety and incorporated herein by this reference.
C. Permittee responsibilities include the following:
(1) The permittee shall pay the costs and expenses incident to or arising from the project, including the prescribed fees for the project, the cost of making and maintaining temporary restoration of the disturbed areas and making permanent restoration. The permittee shall reimburse the Borough for inspection costs which the Borough deems necessary to incur within 30 days after the receipt of the Borough’s invoice.
(2) In the event of failure or neglect by the permittee to perform and comply with the permit or this Part, the Borough may immediately revoke and annul the permit and order and direct the permittee to remove structures, equipment or property belonging to the permittee or its contractors, or both, from the legal limits of the right-of-way and to restore the right-of-way to its former condition. If the Borough determines that the structures, equipment or property poses a threat to the public safety and the permittee fails to remove it after notice from the Borough to do so, the Borough Manager or Borough Solicitor, or an attorney of record, is authorized to appear for the permittee and to enter an amicable action of ejectment and confess judgment against the permittee. The attorney is authorized to issue forthwith a writ of possession with a clause of fieri facias for costs, without leave of court.
(3) At the end of a workday, an opening in the right-of-way shall be covered, backfilled or protected as specified in §21-107 below. If work is stopped on a project, other than at the end of a normal workday, the permittee shall promptly backfill the opening and restore the surface, and work may not be resumed until the permittee is prepared to proceed with the work to its completion. If the permittee fails to backfill the opening or proceed until completion of the work, the Borough reserves the right to do the work upon notice to the permittee, where practicable, and shall be reimbursed for the costs by the permittee within 30 days after receipt of the Borough’s invoice.
(4) If the permittee, after making an opening in the surface to place or repair a facility or for another purpose, fails to restore a portion of the right-of-way to conform to this Part the Borough reserves the right to do the work upon notice to the permittee, where practicable, and shall be reimbursed for the costs by the permittee within 30 days after receipt of the Borough’s invoice.
(5) If backfill or restoration work will be performed for the permittee by a contractor, the permittee shall identify to the Borough both its contractor and its inspector-in-charge who shall be assigned to monitor backfill and restoration work performed within the improved area. The permittee’s inspector-in-charge, as well as the permittee, is responsible for ensuring that the work is performed in compliance with the permit, this Part, Publication 408 and Design Manual, Parts 2 and 5.
(6) The permittee shall verify that no person debarred by the Borough or the Department is allowed to perform permitted work or direct permitted work within the Borough highway right-of-way.
(7) The permittee shall notify the Borough Manager at least 3 full workdays prior to the start of work when the permit identifies that the permitted work will be inspected on a more than spot inspection basis.
D. Indemnification of the Borough for property and personal injury shall be governed as follows:
(1) The permittee shall fully indemnify and save harmless and, if requested, defend the Borough, its officers, agents and employees of and from liability for damages or injury to persons or property in a claim or suit seeking to impose liability on the Borough, its officers, agents or employees arising out of an act or omission of a contractor, agent, servant, employee or person engaged or employed in, about or upon the work by, at the instance of or with the approval or consent of the permittee, including a failure of the permittee or a person to comply with the permit or this Part.
(2) The permittee shall have the Borough added as an additional insured to its or its contractor’s insurance policy to secure the permittee’s indemnification of the Borough for property damage and personal injury under this paragraph. The coverage of the Borough as an additional insured shall be limited to the acts or omissions of the permittee or its contractor, as described in subparagraph (1) immediately above. The amount of the insurance shall be at least $250,000 per person and at least $1,000,000 per occurrence, or other statutory limitations on damages as the Pennsylvania General Assembly may establish. The policy shall be of a duration satisfactory to the Borough.
(3) Upon request, the permittee shall deliver to the Borough Manager certificates of insurance evidencing that the coverages required under subparagraph (2) immediately above have been obtained.
E. The permittee shall obtain, prior to the start of work, a policy of insurance, issued by an insurer having a certificate of authority and a licensed agent authorized to transact the business of insurance in the Commonwealth of Pennsylvania, in accordance with the following conditions:
(1) The permittee or its contractor shall obtain insurance for public liability and property damage in form, amount and duration satisfactory to the Borough to cover loss that may be incurred for construction, reconstruction, repair, relocation or installation of the permitted structure or facilities.
(2) If blasting is authorized by the permit, the insurance coverage shall include property damage and personal injury occasioned by blasting. In addition, the insurance policy shall provide coverage for damage to the highways, highway structures and appurtenances or other Borough property and shall be in an amount satisfactory to the Borough.
(3) Upon request, the permittee shall deliver to the Borough Manager certificates of insurance evidencing that the insurance coverage required under this Part has been obtained.
(4) The permittee’s obligations to indemnify the Borough and obtain insurance to secure indemnification and its obligations to restore the highway and obtain a bond relating to restoration are separate obligations from obtaining insurance, for the purposes required under this paragraph. Obtaining insurance under this paragraph does not relieve the permittee of any of its other obligations under this Part.
F. Responsibility of the permittee for restoration of the highway includes the following:
(1) If there is a failure of the highway, including a slope or other appurtenance thereto, in the area of the permitted work within 2 years after the acknowledged completion of the permitted work and there is no similar failure of the highway beyond the area of the permitted work, the permittee has absolute responsibility to make temporary and permanent restoration of this area unless the permittee delivers clear and convincing evidence to the Borough Manager and/or Borough Engineer demonstrating that the highway failure was caused by another person.
(2) In situations where the permittee has the responsibility to restore the highway, including slope or another appurtenance thereto, the permittee has the duty to restore the improved area in accordance with the permit. If the permittee fails to restore the improved area properly, the Borough will have the authority to do the work at the expense of the permittee. The permittee shall reimburse the Borough for the costs within 30 days after receipt of the Borough’s invoice.
(3) The obtaining of a bond, other security or an agreement mentioned above to secure restoration costs does not relieve the permittee of the restoration obligations imposed under this Part, nor does it relieve the permittee of its obligations under paragraphs .D and .E above. The obtaining of a bond, other security or an agreement will not act as a release of the permittee from liability under principles of tort law with respect to a failure of the highway in the permitted area occurring after the expiration of the bond, other security or agreement.
(Ord. 639, 7/11/1994, §4(a))
§21-107 Special Conditions for Subsurface Operations.
Work authorized by the permit is subject to the provisions for special conditions set forth in 67 Pa.Code §459.8, and any amendments thereto, which provisions are adopted in their entirety and incorporated herein by this reference.
(Ord. 639, 7/11/1994, §4(a))
§21-108 Special Conditions for Aboveground Facilities.
Work authorized by the permit is subject to the provisions for aboveground facilities set forth in 67 Pa.Code §459.9, and any amendments thereto, which provisions are adopted in their entirety and incorporated herein by this reference, except that where applicable the word “Borough” shall be substituted for the word “Department.”
(Ord. 639, 7/11/1994, §4(a))
§21-109 Violations and Penalties; Enforcement.
1. Violations of this Part or the permit requirements constitute grounds for imposition of the following penalties:
A. Upon receipt of oral or written notice of violations from the authorized representative of the Borough or a police officer whose jurisdiction includes the permitted work area, the permittee shall cease to perform any further work in the permitted area except to restore the area to a safe condition. No further work may commence in the permitted area until the violations have been remedied. Where the permittee has received oral notice of the violations, written notice shall be sent to the permittee within 10 days of receipt of the oral notice.
B. Confiscation of the permittee’s permit by any police officer or authorized representative of the Borough.
C. Revocation of the permittee’s permit by the Borough.
D. Removal of facilities installed without a permit or in violation of the provisions of this Part.
E. Any person violating any of the provisions of this Part shall, 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 and reasonable attorney fees incurred by the Borough in the enforcement proceeding and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 90 days. Each day that a violation of this Part continues or each Section of this Part which shall be found to have been violated shall constitute a separate offense. Every violator of this Part shall be deemed guilty of a separate offense for each and every day such violation continues and shall be subject to the penalties imposed by this Part for each and every separate offense. The entire fine shall be paid to the Borough. [Ord. 825]
2. Additional grounds for revocation shall be as follows:
A. The Borough may revoke a permit whenever it determines that the permitted facility is not being maintained, is in violation of a condition of the permit or this Part, constitutes a hazard to traffic or interferes with the proper use of the highway by the Borough or the public.
B. The Borough may revoke a permit for nonpayment of a fee authorized in this Part, including default of a check submitted for payment.
3. Prior to revocation of a permit, except for nonpayment of a required fee, the permittee shall be given an opportunity for a hearing. The permittee may appeal an adjudication of revocation of the Borough Manager to the Borough Council by submitting a written request for a hearing within 30 days after service of the document containing the adjudication. A filing fee in an amount as established, from time to time, by resolution of Borough Council, made payable to the Borough, shall accompany each request. [Ord. 825]
(Ord. 639, 7/11/1994, §4(a); as amended by Ord. 825, 10/3/2016, §5(B))
§21-110 Modification of Conditions.
1. When a term or condition of this Part cannot be met, an applicant or permittee may request, in writing, that the Borough modify that term or condition if it is not required by law, under the following circumstances:
A. The applicant or permittee has done all that can reasonably be done to comply with the term or condition.
B. The proposed modification satisfies the intent of the term or condition to be modified.
C. The proposed modification represents the minimum feasible deviation from the term or condition to be modified.
D. The reason for the requested modification is infeasibility of meeting the exact terms or conditions of this Part rather than mere economic benefit to the applicant or permittee.
2. If a requested modification is granted, the permit will specify the allowable modification. A permit issued under authority of this Section shall be signed only by the Borough Engineer. The granting of a modification will be predicated on the applicant’s or permittee’s complying with the following:
A. Unless the applicant or permittee is excused in writing, executing a hold harmless and indemnity agreement acceptable to the Borough.
B. Unless the applicant or permittee is excused in writing, obtaining bonds satisfactory to the Borough to guarantee highway restoration and maintenance costs.
C. Unless the applicant or permittee is excused in writing, obtaining public liability insurance for personal injury and property damage on behalf of the Borough, its officers, agents and employees in a form and amount acceptable to the Borough for the life of the facility.
D. Permit conditions, which may include use restrictions, special control devices or safety features.
3. The modification of a term or condition by the Borough Engineer does not create rights in a third party, nor does a waiver act as a modification of the common law duty of the applicant or permittee to relocate its facilities upon demand by the Borough to another location within the right-of-way at the sole cost of the applicant or permittee.
(Ord. 639, 7/11/1994, §4(a))