Current through Register Vol. 54, No. 50, December 14, 2024
Section 459.8 - Special conditions-subsurface operations(a)Drilling, boring, driving or tunneling across improved area. Drilling, boring, driving or tunneling across improved areas shall comply with the following conditions: (1) When crossing under an improved area, the opening for a utility facility shall be drilled, bored, driven or tunneled a minimum depth of 3 feet from the surface to the top of the opening. (i) If the facility or its casing is 30 inches or greater in diameter, the bored cylindrical space surrounding either an uncased facility or a facility casing shall be filled with grout, in a manner authorized by the district office.(ii) Jet or other nonmechanical boring methods are prohibited. Water may be used under low pressure only to cool the drill bit and to facilitate removal of cuttings from the bore opening, if retrievable liquid is immediately removed from the boring pit.(2) No openings for the purpose of placing utility facilities or other structures under the improved area by drilling, boring, driving or tunneling may be made closer than 3 feet to the edge of the shoulder, unless the permit authorizes a lesser clearance.(3) A facility or other structure crossing under the improved area shall be constructed to assure the safety of the traveling public and to preclude the necessity of entering upon the improved area to effect future maintenance or replacement. The facilities shall comply with Design Manual, Part 5.(b)Trenching across the improved area. Trenching across an improved area may be performed only when specifically authorized by the permit, in accordance with the following: (1) The top of every utility facility shall be installed at least 3 feet beneath the surface.(2) Trenching across the improved area may be authorized by the permit where drilling, boring, driving or tunneling are: (i) Not feasible because: (A) The subsurface is solid rock, as documented with satisfactory evidence such as drill records, or where boring was attempted without success.(B) There are other facilities located longitudinally under the improved area and their location precludes methods other than trenching, as documented with a detailed plan.(C) Adjacent development in a very congested urban area makes the construction of a tunneling or boring shaft impossible.(ii) Not required because of one of the following:(A) The highway is unpaved.(B) The Department's wearing course is older than 10 years, and the highway average daily traffic-ADT-does not exceed 500.(3) When trenching is authorized by the permit, the trenching operation shall be performed by one of the following methods:(i) Utility facility placed in one piece across highway.(A) Traffic shall be routed over 1/2 of the pavement width.(B) The closed half of the pavement shall be opened to the required depth and bridged with steel plates.(C) Traffic shall be shifted to the bridged half of the pavement.(D) The remaining half of the pavement shall be opened to the required depth.(E) The facility shall be placed full width.(F) The open trench shall be backfilled and restored half-width in accordance with this section.(G) Traffic shall be shifted to the restored half of the pavement.(H) The bridging shall be removed and the remaining half of the trench shall be backfilled and restored in accordance with this section.(ii) Utility facility placed in more than one piece across highway.(A) Traffic shall be routed over 1/2 of the pavement width.(B) The closed half of the pavement shall be opened to the required depth, the facility placed and the trench backfilled and restored in accordance with this section.(C) Traffic shall be shifted to the restored half of the pavement.(D) The remaining half of the pavement shall be opened to the required depth, the facility placed and the trench backfilled and restored in accordance with the provisions of this section.(4) The permittee shall protect its openings to provide for the safety of the traveling public, including motorists, bicyclists and pedestrians.(5) The permit may authorize the placement at depths less than 3 feet of traffic signal detectors or other highway facilities which are not capable of operating more than 3 feet below the surface.(c)Openings parallel to the highway. Requirements for openings parallel to the highway are as follows:(1) A utility facility shall be placed outside the pavement and shoulder unless there is no feasible space outside the pavement and shoulder for placing the facility, in which case occupancy within the pavement or shoulder may be authorized by the permit.(2) The top of a utility facility shall be installed at least 3 feet beneath the surface.(3) On an unpaved highway, the near edge of the opening shall be at least 12 feet from the general center line of the traveled highway, or as authorized in paragraph (1).(4) No opening may be made for more than 200 linear feet at one time, unless authorized by the permit.(5) The permittee shall protect its openings to provide for the safety of the traveling public, including motorists, bicyclists and pedestrians.(d)Daily stoppage of work requirements. Daily stoppage of work requirements include the following:(1) Except for emergency repairs of utility facilities, work within the pavement or shoulder shall be stopped prior to peak traffic hours that may exist on a particular highway on a particular day and as specified in the permit.(2) At the end of each workday, an opening in the right-of-way shall be one of the following: (i) Covered with steel plates or bridging over openings which are less than 6 feet in either length or width. The plates or bridging shall be extended a minimum of 18 inches from each edge of the opening and shall be secured in a safe manner.(ii) Backfilled under subsection (g) to the bottom elevation of the pavement or base course, or to the original surface elevation if outside the pavement and shoulder, and protected under Chapter 203 (relating to work zone traffic control) and an approved traffic control plan until the surface is restored to its former condition.(iii) Protected under Chapter 203 and an approved traffic control plan, if the permittee has delivered certificates of insurance under § 459.7(12) (relating to general conditions).(3) The permittee shall protect its openings to provide for the safety of the traveling public, including motorists, bicyclists and pedestrians.(e)Plowing operations. Plowing operations shall comply with the following: (1) No plowing will be permitted within the right-of-way, unless authorized by the permit.(2) Plowing operations will not be authorized in the pavement or paved shoulders.(3) Plowing operations in unpaved shoulders are not allowed from December through March inclusive or at other times when there is frost in the top 3 feet beneath the surface.(4) No plowing is authorized within 3 feet from the edge of the pavement. A greater distance shall be attained wherever possible.(5) The opening shall be a minimum depth of 3 feet. If this depth cannot be consistently maintained, the proper depth shall be achieved by trenching.(6) The utility facility shall be installed under any structures that are less than 3 feet deep. Disturbed structures shall be repaired or replaced by the permittee.(7) The disturbed area shall be restored in conjunction with the plowing operation. Heaved surfaces shall be scarified to a depth of at least 4 inches, extending at least 1 foot on either side of the heaved area for the entire length of the heaved area. The disturbed area shall then be graded, backfilled where necessary, and compacted until the disturbed area is restored to a condition at least equal to that which existed before plowing. Disturbed shoulders shall also be restored under subsection (j).(f)Disposition of materials. The responsibility of the permittee for disposition of materials is as follows: (1) The permittee shall keep the improved area free of material which may be deposited by vehicles traveling upon or entering onto the highway during the performance of work authorized by the permit.(2) The permittee is responsible for controlling dust conditions created by its own operations.(3) Excess material and material that is not suitable for backfill shall be promptly removed and properly disposed of outside the right-of-way as the work progresses.(4) Other material shall be stored under §203.9(b) (relating to general requirements), and so that there will be no interference with the flow of highway drainage.(5) The permittee is not authorized to close a portion of the pavement or shoulder to traffic for the primary purpose of storing material. If the permittee stores material on the pavement or shoulder, the permittee thereby acknowledges its obligation and commitment to repair or reconstruct the pavement and shoulder, if damaged, to its former condition, in a manner authorized by the district office. Delivered material may not be stored overnight on the pavement.(6) The district office may authorize the permittee to restore the pavement or shoulder from superficial surface damage with a seal coat or surface treatment.(g)Backfilling. An opening shall be backfilled by the permittee in accordance with the following: (1) The opening may first be backfilled with fine aggregate material, meeting the requirements of section 703.1 of Publication 408, or granular material to protect the facility, placed to a height not to exceed 1 foot over the top of the facility, if the material is compacted in not more than 4-inch loose layers or as authorized under Publication 408. To help protect its facility from future excavations, the permittee is encouraged to place a permanent ribbon colored under subsection (l) at least 1 foot above its facility. If the facility is nonmetallic, the permittee is also encouraged 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 material-as defined in § 459.1 (relating to definitions)-is authorized or other coarse aggregate material meeting the requirements of section 703.2 of 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 3 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 3 feet outside the edge of pavement and up to within 3 feet of the surface.(3) Backfill shall be compacted as follows:(i)General rule. Except as provided in subparagraph (ii) backfill material shall be placed in loose layers not to exceed 8 inches if vibratory compaction equipment is used or as authorized under Publication 408. Each layer shall be thoroughly compacted to preclude subsidence, under section 601.3(e) of Publication 408.(ii)Compaction outside pavement and shoulders. At least 15 days prior to the start of work, the applicant may submit its written compaction plan to the district office requesting backfill in an opening outside the pavement and shoulder to be placed in layers thicker than 8 inches prior to compaction. The compaction plan shall include full details on equipment, materials and work methods as well as the permittee's acknowledgment of its obligation and committment to regularly monitor the restored surface until 2 years after the acknowledged completion of the permitted work and to promptly correct failure or subsidence of the highway. The district may condition its approval of a compaction plan on the execution of a bond under § 459.5(b) (relating to issuance of permits), if a part of the opening is within the improved area.(iii)Existing pavement elevation. Compaction shall be completed to the bottom elevation of the existing pavement.(4) The Department 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 Publication 408.(5) Openings made in the pavement or shoulder under § 459.6 (relating to emergency work) may be immediately backfilled with excavated material that is treated with a recognized chemical soil stabilizer at a minimum rate of 100 pounds stabilizer per cubic yard of backfill, if the stabilized backfill is compacted under paragraph (3).(6) Test holes shall be backfilled, as soon as safely possible, with existing type material or other material authorized by the Department, and sealed under subsection (o). The district office may authorize test holes in the pavement or shoulder to be restored without a 1 foot cutback of the surrounding surface.(h)Restoration of flexible base pavements. Base and surface restoration of flexible base pavements shall be performed under this subsection and as specified in the permit. Prior to replacement of the base course, 1 foot outside of each edge of the opening shall be sawed, in a neat straight line, to the top elevation of the existing aggregate subbase or stone base course, and the detached material shall be removed. Other surface opening methods such as cutting may be authorized if the methods result in the opened pavement having a neat straight vertical line. See subsection (k).(1) Exposed vertical and horizontal surfaces shall be prepared under section 401.3(f) of Publication 408.(2) The base course shall consist of bituminous concrete meeting the requirements of section 305 of Publication 408 or other base course material authorized by the district office. The base course material shall have a minimum depth of 5 inches or a depth equal to the existing base course, whichever is greater.(3) If required, the binder course shall consist of ID-2 material meeting the requirements of section 421 of Publication 408. The binder course shall have a minimum depth of 2 inches or a depth equal to the existing binder course, whichever is greater.(4) The wearing course shall consist of ID-2 material meeting the requirements of section 420 of Publication 408 or FJ-1 material meeting the requirements of section 422 of Publication 408. The wearing course shall have a minimum depth of 1-1/2 inch ID-2, or 1 inch FJ-1, or a depth equal to the existing wearing course, whichever is greater.(i)Restoration of plain or reinforced cement concrete pavements. Base and surface restoration of plain or reinforced cement concrete pavements shall be performed under this subsection and as specified in the permit. Drilling is not permitted where sawing or cutting is required. See subsection (k).(1) Prior to replacement of the pavement, 1 foot outside of each edge of the opening shall be sawed the full depth of pavement in a neat straight line. The detached material shall be removed without damaging the adjacent pavement. The use of a pavement breaker is prohibited. The permittee may partially saw cut the pavement to a depth of at least 3 inches and cut the remaining pavement with a jackhammer weighing no more than 90 pounds, if:(i) The restored opening does not exceed 6 feet in either length or width.(ii) The restored opening is at least 2 feet from a pavement edge or joint.(iii) The highway average daily traffic-ADT-does not exceed 5,000.(2) The replacement pavement shall consist of high early strength concrete equal in depth to the original concrete pavement or to a depth of 8 inches, whichever is greater.(3) On existing reinforced cement concrete pavements that are opened for more than 6 feet in either length or width, reinforcing steel, expansion tie bolts and load transfer devices shall be placed in accordance with Roadway Construction Standard RC-26 (relating to concrete pavement maintenance).(4) The permittee may be required to restore the structural integrity of a damaged cement concrete pavement by:(i) Replacing the opened pavement transversely the full lane width.(ii) Replacing the opened pavement longitudinally to a transverse joint or opening within 6 linear feet of the opening.(5) The surface shall be restored as follows:(i) After surface corrections have been completed and before the concrete becomes nonplastic, the surface shall be given a textured finish that matches the existing adjacent surface. The surface shall be cured under section 501.3(k) of Publication 408.(ii) Restoration of the binder and wearing courses of a cement concrete pavement which has a bituminous surface shall be done under subsection (h).(j)Shoulder restoration. Shoulder restoration shall be performed under this subsection and as specified in the permit. See subsection (k). (1)Paved shoulders. Paved shoulders shall be reconstructed and restored to a serviceable condition, of the same type as existed before the start of work, under section 651, 653, 654, 656, 657 or 658 of Publication 408, and Roadway Construction Standard RC-25.(2)Other shoulders. Other shoulders shall be restored as follows: (i) The surface shall be restored with at least 2 inches of select granular material, or as authorized by the district office.(ii) If the length of the open shoulder exceeds 100 linear feet, the shoulder shall be graded, rolled and-unless excused-penetrated with bituminous material specified in section 461 of Publication 408, at a minimum rate of .20 gallon per square yard and chipped or lightly sanded to prevent tracking of oil onto the pavement.(3)Outside existing shoulder. If the disturbed area extends outside the existing shoulder, the disturbed area outside the restored shoulder shall be properly graded and a ditch line shall be constructed wherever necessary to maintain highway drainage.(k)Temporary pavement restoration. Temporary restoration of a pavement or paved shoulder may be required by the district office prior to permanent restoration, under the following: (1) The base shall consist of compacted select granular material with a surface of 2-inch bituminous material. If the existing pavement structure includes a course of subbase material, it shall be replaced to a depth equal to the existing course depth with material meeting the requirements of section 350.2 of Publication 408.(2) Temporary pavement restoration shall be completed before traffic is allowed to travel on the disturbed area. The temporary pavement may be kept in place for up to 6 months or as specified in the permit, if it is properly maintained.(3) The temporary pavement shall be removed and permanent restoration performed under subsection (h), (i) or (j).(l)Paint identification. Upon completion of pavement or paved shoulder restoration, the restoration date shall be painted immediately adjacent to the restored cut but not in an area where tires normally contact the pavement. The painted date shall indicate the month and year numerically. The numerals shall be 6 to 9 inches in height. The paint shall be color coded as follows: blue (water), yellow (gas-petroleum), red (electric), orange (communications) and green (sewer). The paint shall be maintained for 2 years after the acknowledged completion of the permitted work. If the pavement or shoulder is being overlayed for more than 100 linear feet, the district office may, upon request, exempt the permittee from complying with this subsection.(m)Appurtenances to underground installations. Requirements relating to appurtenances to underground installations shall include:(1) The top of every manhole, valve box or other access to the facility shall be at the same elevation as the surface in which it is located.(2) The surface surrounding manhole covers located in paved shoulders shall be paved with 4 inches bituminous concrete base course a distance of at least 1 foot around the structure to prevent washouts.(3) A manhole, including those cast-in-place, shall be constructed in compliance with current industry standards and section 713.2(c) of Publication 408.(n)Additional restoration. Additional restoration shall be required as follows: (1) Disturbed portions of the highway, including, but not limited to, slopes and appurtenances and structures such as guide rails, curbs, signs, markings, drain pipes, driveways and vegetation, shall be restored by the permittee to a condition at least equal to that which existed before the start of work authorized by the permit, if the restoration is consistent with the "Roadway Construction Standards". Additional restoration may also be required, upon written notification, to restore the structural integrity of the pavement or shoulder.(2) If the permittee opens pavement having a bituminous concrete surface and the Department's wearing course is less than 5 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 conditions:(i) 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 that was opened, in a manner authorized by the Department.(ii) When two or more transverse 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 Department.(iii) When 4 or more emergency openings have been made by the same permittee 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 Department.(iv) If disturbed lanes adjacent to undisturbed lanes are overlayed, the edge of the disturbed lane shall be saw cut or milled to a depth of 1-1/2 inch or the depth of the existing surface course, whichever is less, for the length of the opening to insure 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.(v) If disturbed lanes adjacent to shoulders are overlayed, the shoulder shall be raised, with material and in a manner authorized by the Department for the type of existing shoulder, so that the overlaid pavement and shoulder edges are at the same elevation.(3) Regardless of the age of the wearing course: (i) If more than 100 linear feet of longitudinal or transverse openings, or both, are made in the pavement, the Department may require the permittee to overlay traffic lanes in which the openings were made, for the entire length of highway that was opened, if the district office determines that the rideability or structural integrity of the pavement has been impaired by the openings.(ii) If four or more openings are made by the same permittee within 100 linear feet of pavement, the district office may require the permittee to restore the entire disturbed pavement between the openings by milling, planing or other authorized method and overlaying the entire disturbed pavement.(4) Aggregate used in a bituminous overlay wearing course shall comply with skid resistance level (SRL) criteria specified in Design Manual, Part 2, Chapter 11.(5) If an opening is made in a bituminous concrete pavement within 3 feet from the edge of pavement or other longitudinal joint or opening, the surface restoration shall be extended to the edge of pavement or other longitudinal joint or opening.(6) At each end of an overlay, the permittee shall install a paving notch, under Roadway Construction Standard RC-28, by milling, planing or other authorized method and provide a minimum 10-foot transition.(7) The transition areas at each end of an overlay shall follow the contour of the surrounding surface.(8) When pavement markings on more than 100 linear feet of highway are covered or destroyed by the permitted work, including overlays, they shall be replaced with temporary pavement markings, under §203.72 (relating to temporary pavement markings) before opening the disturbed pavement to traffic. When the pavement surface is restored, pavement markings that were covered or destroyed shall be replaced in their former location.(o)Sealing. Restored openings in the pavement or paved shoulder shall be sealed under section 401.3(j)(3) of Publication 408 in the case of bituminous concrete or section 501.3(n) of Publication 408 in the case of cement concrete.The provisions of this § 459.8 adopted July 13, 1979, effective 8/13/1979, 9 Pa.B. 2338; amended August 7, 1981, effective 8/8/1981, 11 Pa.B. 2779; amended January 20, 1989, effective 3/22/1989, 19 Pa.B. 241.The provisions of this § 459.8 amended under sections 411, 420 and 702 of the State Highway Law (36 P. S. §§ 670-411, 670-420 and 670-702).
This section cited in 67 Pa. Code § 459.1 (relating to definitions); 67 Pa. Code § 459.6 (relating to emergency work); and 67 Pa. Code § 459.7 (relating to general conditions).