[Adopted as Ch. 107, Art. IV, of the 1979 Code]
A.
PERSON
STREET
The following words, when used in this article, shall have the meanings
ascribed to them in this section, except in those instances where
the context clearly indicates otherwise:
Any natural person, partnership, firm, association or corporation.
Any public street, avenue, road, square, alley, highway or
other public place located in the Borough of Parkside and established
for the use of vehicles, except any continuation in the Borough of
a state highway route that the Pennsylvania Department of Transportation
is by law responsible to maintain.
[Amended 8-21-1991 by Ord. No. 362]
B.
In this article, the singular shall include the plural and the masculine
shall include the feminine and the neuter.
It shall be unlawful for any person to open or to make any excavations
of any kind in any street in the Borough of Parkside, except in and
upon those portions thereof established for the use of vehicles.
It shall be unlawful for any person to open or to make any excavations
of any kind in any of the streets of the Borough of Parkside without
first securing a permit therefor as hereinafter provided.
Any person who shall desire to make any opening or excavation
in any of the streets in the Borough of Parkside shall make application
to the Borough Secretary in writing for the purpose. Such application
shall be made upon blanks to be approved by the Borough and shall
set forth the name of the applicant, the exact location of the proposed
opening or excavation and the approximate size or depth thereof, and
it shall contain an agreement on the part of the applicant that the
work shall be done in full compliance with the ordinances of the Borough
and the laws of the Commonwealth of Pennsylvania in relation thereof
and that the applicant shall well and truly save, defend and keep
harmless the Borough of Parkside from and indemnify it against any
and all actions, suits, demands, payments, costs and charges for or
by reason of the proposed opening or excavation and all damages to
persons or property resulting in any manner therefrom or occurring
in the prosecution of the work connected therewith or from any matter,
cause or thing relating thereto.
[Amended 8-21-1991 by Ord. No. 362]
Before any permit shall be issued to open or excavate any street
in the Borough, the applicant shall pay to the Borough Secretary a
permit fee in the minimum amount of $50 for the first two square yards
of opening or excavation. When application shall be made to open or
excavate in excess of two square yards, the applicant shall pay, in
addition to the minimum fee, an additional fee at the rate of $2 for
each additional square yard or fraction thereof to be opened or excavated
upon such street, pursuant to direction of Borough Council. In addition,
the applicant shall pay all inspection or reinspection fees as billed
by the Borough Engineer.
Any person who shall open or excavate any improved street in
the Borough shall thoroughly and completely refill the opening or
excavation, puddling and ramming so as to prevent any settling thereafter;
and shall restore the surface to the same condition as it was before
the opening or excavating, and such restoration shall be in accordance
with the specifications of the Pennsylvania Department of Transportation
of the Commonwealth of Pennsylvania No. 945-B which are hereby adopted
as specifications of the Borough of Parkside for the purpose of restoration
of surfaces of streets in the Borough. When restored, the surface
shall conform to the proper grade and be of the same surface covering
as the part of the thoroughfare immediately adjoining the opening.
If, within two years after the restoration of the surface as herein
provided, defects shall appear therein resulting from defective backfilling
by the applicant, the applicant shall reimburse the Borough for the
cost of all necessary repairs to the permanent paving.
All other work in connection with openings to any street, including
excavations, protection, refilling and temporary paving, shall be
done by the applicant at his expense, and all such work shall be subject
to the provisions of this article and to the supervision and approval
of the Streets Committee, provided that the Streets Committee may
require that cutting of the surface of improved streets and the backfilling
of all excavations therein shall be done by the Borough, and a charge
therefor shall be paid by the applicant on the basis of the actual
costs of the work plus 20%.
A.
No opening or excavation in any street shall extend from the curbline
into the highway a distance greater than one foot beyond the center
line of the street before being refilled and the surface of the highway
restored to a condition safe and convenient for travel.
B.
No more than 100 longitudinal feet shall be opened in any street
at any one time.
C.
The work of excavation shall be so conducted as not to interfere
with the water mains, sewers or their connections with the houses
or any subsurface lines or constructions, until permission of the
proper authorities in connection with said subsurface lines or constructions
shall have been obtained.
D.
No tunneling shall be allowed without the express approval of the
Borough Engineer and permission therefor endorsed upon the permit.
The backfilling of a tunnel excavation shall be made only in the presence
of the Borough Engineer or an inspector designated by him, and it
shall be done only in a method approved by him.
E.
All openings or excavations shall be backfilled promptly with suitable
material and thoroughly compacted in layers, each of which shall not
exceed eight inches in depth. On improved streets, the backfilling
shall be placed to within 10 inches of the surface.
F.
On improved streets, a temporary paving in suitable stone materials,
thoroughly bound and compacted, shall be installed flush with the
surface of the adjoining paving.
G.
During the making of any excavation in any street, every necessary
and reasonable precaution shall be taken by the applicant and the
parties making the same to keep the street in a safe and passable
condition both day and night by means of guards, barriers, lanterns
and other devices, and all excavating permits are granted under and
subject to the express condition that the person to whom the same
is issued shall indemnify, save and keep harmless the Borough of Parkside
from any loss in damages, or otherwise whatsoever, which may or shall
be occasioned at any time by said excavation or by any leak, explosion
or other injury from any pipes, apparatus, conduits or any other matter
placed in said excavation.
H.
The applicant shall notify the Borough Engineer when the opening
or excavation is ready for backfilling before any backfilling is done
and when the work is completed by proper backfilling in the case of
unimproved streets and by temporary paving in the case of improved
streets.
I.
In the event that any work performed by or for a permit holder shall,
in the opinion of the Borough Engineer, be unsatisfactory and the
same shall not be corrected in accordance with his instructions within
the time fixed by him or in the event that the work for which the
permit was granted is not completed within the time fixed by the Borough
Secretary, the Borough may proceed to correct such unsatisfactory
work or complete any such work not completed and charge the cost thereof,
plus 20%, to the applicant.
In the case of any leak, explosion or other accident in any
subsurface pipe, line, construction or apparatus, it shall be lawful
for the person owning or responsible for such pipe, line, construction
or apparatus to commence an excavation to remedy such condition before
securing a permit, provided that application for the permit shall
be made immediately and not later than the next business day thereafter
and that all other provisions of this article are fully complied with.
If any such emergency condition shall not be immediately attended
to by the owner or person responsible for such pipe, line, construction
or apparatus, the Borough Engineer, after such notice as he shall
deem necessary under the circumstances of the particular case, shall
proceed to do the work necessary and required by such emergency and
shall charge the same, on the basis of cost plus 20%, to such owner
or person.
The Borough Secretary shall give timely notice to all persons
owning property abutting on any street within the Borough which is
about to be paved or improved and to all public utility companies
operating in the Borough, and all such persons and utility companies
shall make all water, gas, sewer, telephone, electric and cable television
connections, as well as any repairs thereto which would necessitate
excavation of said street, within 30 days from the giving of such
notice, unless such time is extended in writing, for cause shown,
by the Borough Council. New paving shall not be opened for a period
of five years after the completion thereof, except in the case of
an emergency, the existence of which emergency having necessity for
the opening of such paving to be determined by Borough Council. If
it is sought to excavate upon or open a street within five years after
the completion of the paving thereof for any other reason other than
an emergency as above stated, the applicant shall make written application
to the Borough Secretary, and a permit for such opening shall only
be issued after the express approval of the Borough Council. In such
case, the applicant shall pay a fee equal to 150% of the permit fee
normally charged.
No new water, gas, telephone, electric, cable television or
any other underground utility shall hereafter be laid or constructed
and no existing underground utility shall be extended in any of the
streets of the Borough until the exact location thereof and the plan
therefor shall have first been approved by the Borough Council. Furthermore,
all underground utilities shall be placed within the cartway of the
street or road.
Any multiple openings or excavations within 60 feet of each
other must be tied together and resurfaced.
Payment for all work done by the Borough under the provisions
hereof shall be made by the person made liable therefor under the
provisions hereof within 30 days after a bill therefor is sent to
such person by the Borough. Upon failure to pay such charges within
such time, the same shall be collectible by the Borough in the manner
provided by law for the collection of municipal claims.
[Amended 12-21-1988 by Ord. No. 349]
Any person, whether as principal, agent or employee, violating or assisting in the violation of any of the provisions of this article shall, upon conviction thereof before any District Justice, pay a fine of not less than $150 nor more than $600, and in default of the payment of such fine and costs of prosecution, shall be imprisoned for not more than 30 days in the county prison. The fine for the violation of § 158-22 shall be $600.
The provisions of this article shall not apply to lanes, sidewalks
or curbs or to the planting of poles.
