Subsequent to the passage of this article, no
portion of any highway, avenue, road, street, alley, sidewalk or footpath
within the Borough of Aldan (herein referred to as "Borough") shall
be opened or excavated by any person, firm, association, partnership,
corporation or entity, for any purpose, absent first obtaining from
the Borough a permit therefor prior to the commencement of any such
opening, excavation or construction. For the purposes of this article,
the phrase "any purpose," as used in this section, shall include but
shall not be limited to the following: laying pipes, sewers, drains,
natural gas lines, cable television lines, fiber-optic lines or electric
conduits of any description or from making connections therewith or
repairs thereto over setting or planning of telegraph, telephone,
cable television, electric light or other poles on or along said highways,
avenues, streets, roads, sidewalks or footpaths or for the repairs
thereto or renewals thereof or for any and all other purposes.
Before such permit is issued and said work begun,
a written application, on a form to be furnished for that purpose
by the Borough, must be filed with the Secretary of the Borough, setting
forth the purposes for which said highway, avenue, street, road, sidewalk,
alley or footpath is to be opened or excavated, and the location of
said proposed work, and in such application, the applicant shall agree
to assume any and all liability for all or any damages accruing to
the public or to the Borough which may or might result from the opening
or excavation of said highway, avenue, street, road, sidewalk, alley
or footpath.
The application must be signed by the owners
of the property for whom such work is to be done or by any person,
firm, partnership, association, corporation or entity who shall have
filed the same with the Borough. For the purposes of this article,
both the owner(s) of the property for whom such work is to be performed
and the person, firm, partnership, corporation, association or entity
who files the same with the Borough shall be considered the applicant.
If, in his discretion, it shall be required, a bond or escrow account
in such amount, under such condition and with such surety as shall
be directed by the Building Inspector or Zoning Officer shall be deposited
with the Borough to save harmless the Borough from any and all damages
accruing by reason of the work for which permits may be issued from
time to time.
No highway, avenue, road, street, sidewalk,
alley or footpath shall be tunneled, opened or broken except with
the approval of and upon such terms and conditions as may be imposed
by the Building Inspector or Borough Engineer. In no case shall a
permit area or any part thereof be closed to traffic without the written
consent of the Borough Engineer or the Building Inspector and the
Chief of Police or his designee.
No permit granted pursuant to this article shall
be valid unless the operation specified therein shall be begun within
a period of 30 days from the date of its issuance, but a renewal thereof
may be had without further payment by filing a new application as
prescribed in preceding sections of this article, together with a
statement in writing stating the reasons that the work has not commenced,
for a period of six months from the original issue date.
[Amended 4-13-2011 by Ord. No. 507]
A. Any applicant who creates an opening or excavation in any street
within the Borough of Aldan shall perform all such opening or excavation
projects, as well as the street restoration, in accordance with the
standards and provisions set forth within 67 Pa. Code § 459.8,
as amended. Similarly, any aboveground construction shall be performed
in accordance with 67 Pa. Code § 459.9, as amended. All
references within the foregoing sections of the Pa. Code to the "District
Office" the "Department of Transportation," or similar references,
shall be deemed to be references to the Borough of Aldan.
B. In addition to the foregoing construction, excavation and back-filling
standards, the Borough Engineer or the Borough Code Enforcement Officer
or the Borough Building Inspector shall be entitled to promulgate
rules and regulations governing the opening, excavation, backfilling,
resurfacing and repaving of streets and roadways within the Borough,
and after the same have been approved by Borough Council, any work
to be performed by any applicant or permitted as governed by the terms
of this article shall be so performed in compliance such rules and
regulations. A copy of said rules and regulations shall be furnished
to any person or firm seeking application hereunder.
C. Under no circumstances, however, shall any excavated material be
used for backfill.
D. If, and to the extent that any applicant shall open or excavate any
portion of a street in a manner which results in 24 square feet or
more of such street being excavated on one side of the street only,
then the applicant shall be required to repave the street through
the full length of the excavations, from the center line of the street
to the curb on the side of the street upon which the excavations occurred;
if all or a portion of the excavations (which result in 24 square
feet or more of street being excavated) either cross the centerline,
or exist on both sides of the street, in that event, the applicant
shall be required to repave the entire street surface, from curb to
curb, for the length of the excavations.
E. Whenever excavations are less than six feet apart, restorations must
include all trenches together in accordance with regulations. Further,
the 24 square feet required for centerline-to-curb or curb-to-curb
resurfacing and restoration, shall include the aggregate or combined
openings or excavations by the applicant.
F. Restoration, backfilling and repaving projects must be completed as soon as possible following completion of the project for which the street opening or excavation was performed. In all cases, temporary restoration shall be completed no later than 24 hours after the underlying work is completed and permanent restoration shall be completed no later than 90 days after such underlying work is completed. Each day that such restoration is not completed in compliance with these time limits shall be considered a separate offense in violation of this section and will be subject to the penalties imposed by §
213-30 of this chapter.
G. Under no circumstance may any backfill operation occur without inspection
by the Borough. All excavations backfilled without inspection or supervision
will be subject to re-excavation at the discretion of the Borough
Engineer or the Building Inspector.
H. If, within one year after the installation of the permanent paving,
restoration or backfilling, defects appear within the street surface
restored by the applicant, the applicant shall reimburse the Borough
for all fees and costs of all necessary repairs, reconstruction or
restoration, including all engineering and legal fees and expenses
associated with the same or for the collection of such.
Whenever the exigencies of public health or
safety require that immediate or instant repairs be made and the procurement
of a permit prior to the commencement of the work is impracticable
it shall be lawful for said work to be commenced without a permit,
provided that an application for said permit is filed and the proper
fee paid within 48 hours from the time when the emergency arose, which
application shall set forth the nature of the exigency aforesaid,
and provided further that any person or persons, firm, partnership,
association, corporation or entity beginning said work within the
provisions of this action shall do so subject to the conditions and
obligations imposed by this article upon persons, firms, partnerships,
associations, corporations and entities opening or excavating highways,
roads, avenues or streets as though an application for a permit had
been filed.
No permit fee paid within this article shall
be considered to be in lieu of any annual license fees now required
to be paid or which may at any time be required to be paid by ordinance
of the Borough of Aldan.