The purpose of this chapter is to promote the public safety and general
welfare of the community, and these regulations are designed to provide for
the harmonious, orderly, efficient and integrated development of the borough
street program; to ensure the orderly layout and use of streets; to facilitate
the movement of vehicular traffic and to secure safety from fire, panic and
other dangers; to secure equitable handling of street construction plans by
providing uniform procedures and standards for the observance of both the
laying out and construction of new streets and the improvement and rebuilding
of existing streets; to establish construction standards for the repair, reconstruction
and construction of sidewalks, curbs, and driveway entrances; to provide for
and establish standards for street excavations and openings to insure proper
reconstruction and resurfacing of Borough streets; and to establish procedures
for making permit applications under this chapter, including fee structures
and penalties for violation of these requirements.
The provisions of this chapter shall be held to be minimum requirements
to meet the above-stated purposes. Where the provisions of this chapter impose
greater restrictions than those of any statute, other ordinance or regulation,
the provisions of this chapter shall prevail. Where the provisions of any
statute, other ordinance or regulation impose greater restrictions than those
of this chapter, the provisions of such statute, ordinance or regulation shall
prevail.
The following rules apply in the interpretation of words and phrases
used in this chapter:
A.
Number. Words expressed in the singular include their
plural meanings, and words expressed in the plural include their singular
meanings.
B.
General terms.
(1)
The word "person" includes a corporation and its responsible
officers, unincorporated associations and a copartnership, as well as an individual.
(2)
The words "sidewalk" and "street" are used generically
and shall be construed as if followed by the phrase "or part thereof."
(3)
The word "may" is permissive; and the words "shall" and
"will" are mandatory.
C.
ALLEY
APPLICANT
BOROUGH
CALENDAR YEAR
CODE ENFORCEMENT OFFICER
COST
COUNCIL
CUL-DE-SAC
DEGRADATION FEE
EASEMENT
EMERGENCY
ENGINEER
INSPECTION FEE
LINE
PERMIT FEE
PERMITTEE
PERSON
PUBLIC UTILITY
RESURFACE
RIGHT-OF-WAY
SIDEWALK
SIDEWALK AREA
STREET
USER
WORK DAY
Specific terms. The following words and phrases as used
in this chapter shall have the meanings indicated below, except when such
meanings are clearly out of context:
A strip of land over which there is a right-of-way, municipally or
privately owned, on which no dwellings or stores front, serving as the secondary
means of access to two or more properties.
Any person who makes application for a permit.
Borough shall mean the Borough of Pennsburg.
January 1 through December 31, inclusive.
The Code Enforcement Officer of the Borough of Pennsburg.
Actual expenditures incurred by the Borough for labor, equipment
and materials, which include all fringe benefits and overhead.
The Council of the Borough of Pennsburg.
A street with access closed at one end, with a vehicular turnabout
at the closed end.
A fee paid by the permittee to the Borough to defray a percentage
of the costs for resurfacing and reconstruction of Borough streets resulting
from the depreciation of streets associated with street openings.
A right granted to use certain land for a special purpose not inconsistent
with the general property rights of the owners.
Any condition constituting a clear and present danger to life or
property by reason of escaping gas, exposed wires or other breaks or defects
in the user's line.
The Engineer of the Borough of Pennsburg.
A fee paid by the permittee to the Borough to defray any inspection
contemplated by this chapter.
An underground conductor or facility used in providing electric or
communication service of an underground pipe used in carrying gas, oil, sewage,
water or other service.
A fee paid by the applicant to the Borough to cover the costs of
issuing, processing and filing any permit under this chapter.
Any person/applicant who has been issued a permit and has agreed
to fulfill all the provisions of this chapter.
Any natural person, partnership, firm, association, utility or corporation.
Any utility company, excluding corporate authorities of the Borough,
franchised by the Public Utility Commission of the Commonwealth of Pennsylvania.
A process which provides a new wearing surface in a certain paved
street area between curbs with the same material that was existing prior to
excavation.
Land set aside for use as a street, alley, crosswalk or other means
of travel, or land set aside for sewer, water, electric or other utilities.
A paved pedestrian accessway, which is adjacent to a street or access
drive and conforms to the regulations of this chapter.
That portion of the street right-of-way reserved for sidewalks.
The entire right-of-way of a public street, public highway, public
alley, public avenue, public road or public easement within the Borough limits.
The public utility, municipal corporation, municipal authority, or
other person who or which uses a line to provide service to one or more consumers.
Normal business day which shall be between the hours of 7:00 a.m.
and 5:00 p.m., including Monday through Friday, except designated holidays.
