[Adopted 4-3-1956 by Ord. No. 192 (Ch.
21, Part 1 of the 1996 Code)]
The opening of the surface of any public street,
alley or highway of the Borough of Denver, by other than the corporate
authorities of the said Borough, is hereby prohibited unless a permit
is obtained for that purpose in the manner hereinafter provided.
[Amended 9-14-1970 by Ord. No. 283; 8-27-1990 by Ord. No.
451; 8-29-2016 by Ord. No. 630]
At least three business days prior to the proposed
date of excavation or construction, application for a permit shall
be made in writing to the Borough Secretary or his designee for each
and every opening or excavation, except in the case of an emergency
opening or excavation, and then the application for a permit will
be made as soon as possible after the opening or excavation has been
made. Such permit shall state the name and address of the applicant,
and of the contractor, if any, who is to do the work and shall describe
the nature, dimensions, purpose and location of the work for which
the application is made, and such other information and agreements
as may be required by regulation. With each such application, the
applicant shall submit a drawing of the proposed opening site, which
drawing shall contain such details as the Borough Secretary or his
designee shall reasonably require.
[Amended 9-14-1970 by Ord. No. 283; 7-12-1982 by Ord. No.
380; 8-27-1990 by Ord. No. 451; 4-8-1996 by Ord. No. 475; 8-29-2016 by Ord. No. 630]
A.
If the application is in proper form and for a proper purpose, the
Borough Secretary or his designee shall issue a permit upon the payment
of a permit fee in the amount established, from time to time, by Borough
Council by resolution. As a condition of issuing any permit under
this article, the Borough Secretary or his designee shall require
a deposit of cash or the delivery of a surety bond with a length of
24 months in a minimum amount of $5,000 and a maximum amount equal
to the estimated cost of construction/street opening or excavation,
as security for the payment of all damages to persons or properties
caused by or arising out of the performance of the work and the cost
of refilling and paving the surface of the street, alley or highway.
B.
In addition to the financial security and payment of the permit fee referenced in Subsection A above, the applicant shall provide to the Borough Secretary or his designee a certificate of general liability insurance with an insurer satisfactory to the Borough Secretary or his designee in amounts not less than $1,000,000 per occurrence and $1,000,000 aggregate, which certificate of insurance shall name the Borough of Denver as an additional insured. No permit shall be granted without the provision of such certificate of insurance.
C.
The applicant/permittee shall guarantee and maintain his or its work
for 24 months from the completion of the restoration and replacement
work. Within this twenty-month period, upon notification from the
Borough of Denver of necessary correction work required, the permittee
shall correct or cause to be corrected all restoration work required
within five calendar days of receipt of such notification. Any and
all work not completed within this five-day period may be completed
by the Borough of Denver at the discretion of the Director of Public
Works. The Borough shall invoice the permittee for all costs incurred
by the Borough of Denver in the performance of this work. Payment
not made within 30 days of the invoice date will be chargeable against
the posted bond or cash security, including all fees and costs involved
in the collection of this payment. Should said bond and/or cash security
not be sufficient to cover the cost of the full amounts of the invoice,
all such remaining charges shall be collectable from the permittee
in all manners allowable under law by the Borough of Denver.
[Amended 9-14-1970 by Ord. No. 283; 8-27-1990 by Ord. No.
451]
A.
All work in connection with openings in any public
street, alley or highway of the Borough shall comply with the requirements
of this section.
[Amended 12-11-2006 by Ord. No. 564]
B.
The applicant shall provide for the protection of
the public by barriers, warning signs and/or lights and by refilling
and temporarily paving, as required, at his expense.
C.
All work shall be subject to the supervision and approval
of the Borough Engineer and the Director of Public Works of the Borough.
D.
All openings made shall be backfilled with No. 2A
stone or an approved equivalent. Approval of an equivalent shall be
at the sole discretion of the Borough Engineer or Director of Public
Works.
[Amended 12-11-2006 by Ord. No. 564]
E.
Backfill material is to be placed in eight-inch lifts.
It shall be thoroughly tamped in place by means of mechanical compaction.
[Amended 12-11-2006 by Ord. No. 564]
F.
A temporary paving material (cold patch) shall be
placed on top of the backfill having a minimum thickness of two inches.
[Amended 12-11-2006 by Ord. No. 564]
G.
After 90 days but not more than 120 days, a permanent
repair or paving shall be placed as follows:
(1)
The opening shall be reexcavated to a uniform depth
of 6 1/2 inches and saw cut to insure a uniform edge.
[Amended 12-11-2006 by Ord. No. 564]
(2)
Prior to placing the permanent paving material, the
opening shall be tamped by mechanical compaction.
(3)
The Superpave base course and wearing course shall be installed in accordance with § 165-24.
[Amended 12-11-2006 by Ord. No. 564]
(4)
The Superpave wearing course shall meet evenly with
the existing roadway so as to not cause bumping when driven over.
After the paving is complete, the entire outer edge shall be sealed
with PG 64-22 sealer or an approved equivalent. The approval of an
equivalent shall be at the sole discretion of the Borough Engineer
or Director of Public Works.
[Amended 12-11-2006 by Ord. No. 564]
H.
If the applicant fails or refuses to complete the
restoration in accordance with the requirements of this article after
notification from the Borough to do so, the Borough may undertake
such restoration at the expense of the applicant. Application for
a permit under this article shall constitute an agreement to pay the
actual costs of restoration, plus 20% of the costs of such restoration
to reimburse the Borough for the administrative and other expenses
incurred by the Borough if the Borough performs such restoration.
No new water line, electric or telephone conduit,
gas main, or sewer shall be extended in any public street, alley or
highway of the Borough until the exact location and plan of the same
has been approved by Borough Council.
The provisions of this article shall not apply
to the construction of sidewalks or curbs, or to the installation
of utility poles.
[Amended 9-14-1970 by Ord. No. 283; 6-5-1989 by Ord. No.
436; 4-8-1996 by Ord. No. 475; 7-29-2013 by Ord. No. 612; 8-29-2016 by Ord. No. 630]
A.
Any person who shall violate any provision of this article shall,
upon conviction thereof, be sentenced to pay a fine of not less than
$100 and not exceeding $600 and costs, and, in default of payment
thereof, shall be subject to imprisonment for a term not to exceed
30 days. Each day that violation of this article continues shall constitute
a separate offense. Upon summary conviction or in a civil action,
the defendant shall be assessed reasonable attorneys' fees incurred
by the Borough in the enforcement proceedings in accordance with Section
3321(6) of the Borough Code of the Commonwealth of Pennsylvania.[1]
[1]
Editor's Note: See 8 Pa.C.S.A. § 3321, Subdivision
(a)(5).
B.
The Borough of Denver reserves the right to deny the issuance of
future street opening permits to any person who violates the provisions
of this article.
[Adopted 11-5-1954 by Res. No. 97; amended 2-6-1961 by Res. No.
156]
A.
Unimproved streets. It shall be the policy of this
Council, and it is hereby approved and adopted as the policy of the
Borough, to pay, with Borough funds supplemented by county or state
funds, 1/3 of the whole initial cost and to assess and collect 2/3
of the whole initial cost of grading, paving, macadamizing or otherwise
improving and constructing any existing, unimproved street, except
as hereinafter noted, and any future newly-opened streets of the Borough,
from the abutting property owners on the foot-front rule (1/3 being
assessed on each side of the street.)
B.
Subdivision and land development. Notwithstanding
the foregoing statement of the policy of the Borough, whenever streets
are to be installed and/or improved as a part of a subdivision or
land development (as those terms are defined in the Pennsylvania Municipalities
Planning Code, Act of July 31, 1968, P.L. 805, No. 247, as amended
and reenacted, 53 P.S. § 10101 et seq.), all costs associated
with the installation, opening, dedication and acceptance by the Borough
of such streets shall be borne by the developer.
[Amended 8-27-1990 by Ord. No. 451]
[Added 8-27-1990 by Ord. No. 451; amended 12-11-2006 by Ord. No. 564; 11-9-2015 by Ord. No. 625]
All new streets constructed within the Borough shall have a
sixty-foot right-of-way width and an improved cartway of 36 feet in
width. The cartway shall be measured from the face of the curb to
the face of the curb and shall be centered within the sixty-foot right-of-way
so that 12 feet of right-of-way shall exist beyond the curb on both
sides of the street. The cartway of any street and/or alley shall
be constructed in accordance with the Pennsylvania Department of Transportation
(PennDOT) Publication 408, current edition, and as follows:
A.
The base
shall consist of eight inches of No. 2A stone which shall be thoroughly
rolled and compacted in place.
B.
The base
course shall consist of Superpave Asphalt Mixture Design, HMA Base
Course, PG 64-22, 0 to 0.3 million ESALS, 25.0 mm mixture, 4 1/2 inch
depth.
C.
The wearing
course shall consist of Superpave Asphalt Mixture Design, HMA Wearing
Course, PG 64-22, 0 to 0.3 million ESALS, 9.5 mm mixture, 1 1/2 inch
depth, SRL-L or SRL-M (traffic dependent).
D.
A minimum
four-inch crown shall be maintained at the center line of the cartway.
E.
Paving
shall be sealed around all manholes, valve boxes, catch basins, intersection
tie-ins, and any other location necessary by the Borough Engineer
or Director of Public Works in their sole discretion. PG 64-22 sealer
or an approved equivalent shall be used.
[Added 8-29-2016 by Ord.
No. 630]
A.
No street opening permit shall be issued to cut any Borough of Denver
street that was constructed, reconstructed or resurfaced fewer than
three years prior to the application for a street opening permit,
unless the applicant agrees in writing to overlay or pave the surface
of the street, from curb to curb and intersection to intersection,
in accordance with applicable Borough of Denver standards. The Borough
of Denver may grant an exception to this section, in its discretion,
in the case of an emergency.
B.
No street opening permit shall be issued to make five or more cuts
within a one-hundred-linear-foot section of any street, unless the
applicant agrees in writing to overlay or pave the surface of the
street, from curb to curb and intersection to intersection, in accordance
with applicable Borough of Denver standards.
