[Adopted 12-14-1959 as Ord. No. 326]
A.
EXCAVATION
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 activity within the right-of-way of any street, alley or cartway
which involves cutting, breaking or disturbing the surface thereof. In this
Article, the term "opening" shall have essentially the same meaning as "excavation."
[Added 12-12-1988 by Ord. No. 474]
Includes 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 Freedom and established for the use
of vehicles and shall also include public sidewalks wherever said sidewalks
are located within the boundary lines of any public street, avenue, road,
square, alley or highway.
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 excavation
of any kind in any street in the Borough of Freedom except under the terms
and conditions hereinafter provided.
It shall be unlawful for any person to open or to make any excavation
of any kind in any of the streets in the Borough of Freedom without first
securing a permit therefor, as hereinafter provided.
Any person who shall desire to make any openings or excavation in any
of the streets in the Borough of Freedom shall make application to the Borough
Secretary, in writing, for the purpose. Such application shall be made upon
blanks to be furnished 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 shall contain an agreement on the part
of the applicant that the work shall be done in full compliance with the Articles
of the borough and the laws of the Commonwealth of Pennsylvania in relation
thereto and that the applicant shall well and truly save, defend and keep
harmless the borough 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 other matter, cause or thing relating thereto.
[Amended 10-10-1962 by Ord. No. 343; 12-12-1988
by Ord. No. 474]
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 twenty-five dollars ($25.) to cover the cost of inspection
and other incidental services in connection therewith. When applications shall
be made to open or excavate any longitudinal opening or excavation in excess
of twenty-five (25) feet, before any permit shall be issued so to open or
excavate, the applicant shall pay, in addition to such minimum fee, an additional
fee at the rate of twenty-five dollars ($25.) for each one hundred (100) feet
or fraction thereof to be opened or excavated upon such street.
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 excavation,
and such restoration shall be in accordance with the specifications of the
Department of Highways of the Commonwealth of Pennsylvania which are hereby
adopted as specifications of the borough for restoration of surfaces of streets
in the borough; as 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 (2) 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 in any street, including
excavation, 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 Borough Engineer
or his agent.
A.
No opening or excavation in any street shall extend from
the curbline into the highway a distance greater than one (1) 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 five hundred (500) feet longitudinally 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 other subsurface lines or constructions, until permission of the proper
authorities in connection with such 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 shall be done
only in a method approved by him.
E.
All openings or excavations shall be backfilled promptly
with suitable materials and thoroughly compacted in layers, each of which
shall not exceed six (6) inches in depth. On improved streets, the backfilling
shall be placed to within ten (10) inches of the surface.
F.
On improved streets, a temporary paving of suitable stony
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 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 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 pipe, apparatus, conduit or any other matter
placed in said excavation.
H.
The applicant shall notify the Borough Engineer or his
agent 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 costs thereof, plus twenty percent
(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 a 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 charge the same on the basis
of cost plus twenty percent (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 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 or sewer connections,
as well as any repairs thereto which would necessitate excavation of said
street, within thirty (30) days from the giving of such notice, unless such
time is extended, in writing, for cause shown by the Borough Secretary.
New paving shall not be opened for a period of five (5) years after
the completion thereof except in case of emergency, the existence of which
emergency and the necessity for the opening of such paving to be determined
by the Borough Engineer. If it is sought to excavate upon or open a street
within five (5) years after the completion of the paving thereof for any other
reason than an emergency as above stated, the applicant shall make written
application to the Borough Council, and a permit for such opening shall only
be issued after express approval of Council.
No new water or gas main shall hereafter be laid or constructed and
no existing water or gas main shall be extended in any of the streets of the
borough until the exact location thereto and the plan therefor shall have
been first approved by the Borough Council.
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 thirty (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 12-12-1988 by Ord. No. 474[1]]
Any person, whether as principal, agent or employee, who shall violate
any provision of this Article shall, upon conviction thereof, be sentenced
to pay a fine of not more than six hundred dollars ($600.) and/or to imprisonment
for a term not to exceed ninety (90) days. Every day that a violation of this
Article continues shall constitute a separate offense.
[Amended 12-12-1988 by Ord. No. 474]
The provisions of this Article shall not apply to the initial paving of sidewalks or installation of curbs, or to the complete repaving or replacing of existing sidewalks or curbs by a property owner, or to the installation of poles by utility companies in accordance with plans specifically approved by the Borough Council; provided, however, that property owners desiring to initially pave sidewalks or initially install curbs or repave or replace existing sidewalks or curbs shall be required to make application for a permit as set forth in § 176-4 of this Article but shall not be required to pay a permit fee in accordance with § 176-5 of this Article.
[Amended 10-10-1962 by Ord. No. 343]
The Borough Engineer shall have the power to designate the Street Commissioner
of the Borough of Freedom or the Chief of Police of the Borough of Freedom
as his duly authorized agent for the purpose of carrying out any and all inspections
and any and all supervisory functions required under the provisions of this
Article to be performed by the Borough Engineer or his agent; provided, however,
that this provision shall not apply in the event that a permit is granted
permitting tunneling under borough streets or sidewalks.
[Added 12-12-1988 by Ord. No. 474]
A.
Permits shall be issued only to persons furnishing public
utility services or the owner or owners of the real property adjoining the
location where such opening or excavation is to be made.
B.
Any permit issued hereunder shall specify the exact location
where the opening or excavation is to be made, the appropriated permitted
size or depth thereof and the time within which the work for which the permit
is granted is to be completed.
C.
A permit may be issued to the applicant after all the
requirements therefor have been filed. If the application is disapproved,
written notice of disapproval, together with the reasons therefor, shall be
given to the applicant.
[Added 12-12-1988 by Ord. No. 474]
The work authorized by the permit is subject to all of the provisions
of the Act of December 10, 1974, P.L. 852, No. 287, Section 1 et seq., as
amended or supplemented from time to time.[1] It shall be the permittee's responsibility to contact the
utilities that have recorded their facilities in compliance with said Act.
A partial list of utilities providing services within the Borough of Freedom
and their office addresses may be obtained from the Beaver County Recorder
of Deeds Office.
[1]
Editor's Note: See 73 P.S. § 176 et seq.
No person shall dig up any street or alley without first giving to the
Borough of Freedom a bond with some acceptable trust or surety company as
surety in the sum of ten thousand dollars ($10,000.) conditioned for the faithful
performance of these provisions and also for any and all damages, claims,
demands, suits, costs and council fees occasioned or arising from the digging
up, opening or closing of said streets and alleys.
