[Ord. 701, 9/16/1980, § 1]
It shall be unlawful for any person, firm or corporation to
open or to make any excavation for any purpose in any street, avenue,
sidewalk or other public place in the Borough without having obtained
a permit as is herein required or without complying with the provisions
of this Part or in violation of or variance from the terms of any
such permit.
[Ord. 701, 9/16/1980, § 1A]
It shall be unlawful for any person, firm or corporation to
drill any hole for any purpose in any street, avenue or other public
place in the Borough unless said drill hole is plugged with a rubber
stopper immediately after the cessation of said work. Within one working
day after a hole is drilled in any street, avenue or other public
place, a permit as required in § 103 of this Part must be
obtained. However, if said drill hole or any number of drill holes
leads to an excavation within four months of said drilling, then the
permit fee charged for a drill hole shall be applied toward the costs
of obtaining a permit under § 103 of this Part.
[Ord. 701, 9/16/1980, § 2]
Applications for such permits shall be made to the Borough Administrator,
and shall describe the location of the intended excavation or opening,
the size thereof, the purpose therefore and the person, firm or corporation
doing the actual excavating work and the name of the person, firm
or corporation for whom or which the work is being done, shall contain
an agreement that the applicant will comply with all ordinances and
laws relating to the work to be done. If the name of the subcontractor
is not known at the time application for a permit is made, then the
permit becomes conditional until such time the name of the subcontractor
is made known to the Borough Administrator.
[Ord. 701, 9/16/1980, § 3; as amended by Ord. 830,
2/13/1995]
The fee for such permits shall be shall be established from
time to time by resolution of Borough Council. The fee schedule shall
be reviewed by Borough Council during January of each year in order
to determine if an adjustment of the permit fees shall be made based
on actual costs incurred for administration of this Part.
[Ord. 701, 9/16/1980, § 4]
All construction and related work shall be performed in accordance
with all applicable Federal, State and local laws, rules and regulations.
[Ord. 701, 9/16/1980, § 5]
No such permit shall be issued unless and until the applicant
therefor has filed with the Borough Administrator a bond, in an amount
sufficient to indemnify the Borough for any loss, liability or damage
that may result or accrue from or because of the making, existence
or manner of guarding or constructing any such opening or excavation.
Such bond shall have as surety a corporation licensed to do business
in the State as a surety company. Utility companies may file their
bonds without surety. The amount of the bond shall be determined by
the Borough Engineer or Borough Inspector for individual openings;
for an unlimited number of openings the bond shall be for $50,000.
[Ord. 701, 9/16/1980, § 6]
It shall be unlawful to make any such excavation or opening
in any way contrary to or at variance with applicable Federal, State
and local laws, rules and regulations. Proper bracing shall be maintained
to prevent the collapse of adjoining ground; and in excavation, the
excavation shall not have anywhere below the surface any portion which
extends beyond the opening at the surface. No willful or intentional
injury shall be done to any pipes, cables, or conduits in the making
of such excavation or tunnels; and notice shall be given to the persons
maintaining any such pipes, cables or conduits in the making of such
excavations or tunnels; and notice shall be given to the persons maintaining
any such pipes, cables or conduits or to the Borough Administrator
or Borough Engineer charged with the care thereof, which are or may
be endangered or affected by the making of such excavation or tunnel
before such pipes, cables or conduits shall be disturbed. No unnecessary
damage or injury shall be done to any shrub or tree or the roots thereof.
[Ord. 701, 9/16/1980, § 7]
If any sidewalk is blocked by any such work, a temporary sidewalk
shall be constructed or provided which shall be safe for travel and
convenient for users.
[Ord. 701, 9/16/1980, § 8]
Any person, firm or corporation making any excavation or opening
in or under any public street, avenue or other public place in the
Borough shall restore the surface to its original condition, if there
is no pavement there. Backfills shall be properly tamped down, and
any other bracing in such opening or excavation must be removed.
[Ord. 701, 9/16/1980, § 9]
1.
The Borough shall, from time to time, inspect or cause to be inspected,
all excavations and openings being made in or under any public street,
avenue or other public place in the Borough and to see to the enforcement
of the provisions of all applicable Federal, State and local laws,
rules and regulations.
2.
All inspection costs shall be borne by the permittee. Such costs
shall reflect the cost of inspection by the Borough Engineer, whenever
an engineering inspection is required by the Borough Administrator.
[Ord. 701, 9/16/1980, § 10]
1.
It shall be the duty of every person cutting or making an excavation
in or upon any public street, avenue or sidewalk or other public place
to place and maintain barriers and warning devices necessary for the
safety of the general public.
2.
Barriers, warning signs, lights, etc., shall conform to the requirements
of all applicable Federal, State and local laws, rules and regulations.
3.
The permittee shall take appropriate measures to assure that during
the performance of the excavation work traffic conditions as near
as possible to normal shall be maintained at all times so as to minimize
inconvenience to the occupants of the adjoining property and to the
general public.
4.
When traffic conditions permit, the Borough Administrator may authorize
the closing of streets or avenues to all traffic for a period of time
prescribed by him, if it becomes necessary. Such approval may require
that the permittee give notification to various public agencies and
to the general public. In such cases, such approval shall not be valid
until such notice is given.
5.
Warning signs shall be placed far enough in advance of the construction
operation to alert traffic within a public street, and cones or other
approved devices shall be placed to channel traffic in accordance
with applicable Federal, State and local laws, rules and regulations.
[Ord. 701, 9/16/1980, § 11]
This Part shall not be construed as imposing upon the Borough
or any official or employee any liability or responsibility for damages
to any person injured by the performance of any excavating work for
which an excavation permit is issued hereunder; nor shall the Borough
or any official or employee thereof be deemed to have assumed any
such liability or responsibility by reason of inspections, authorized
hereunder, the issuance of any permit or the approval of any excavation
work.
[Ord. 701, 9/16/1980, § 12]
The excavation work shall be performed and conducted so as not
to interfere with access to fire hydrants, fire stations, fire escapes,
water gates, underground vaults, valve housing structures and all
other vital equipment.
[Ord. 701, 9/16/1980, § 13]
The permittee shall maintain safe crossings for two lanes of
vehicle traffic at all street intersections where possible and safe
crossings for pedestrians. If any excavation is made across any public
street, avenue or sidewalk or other public place, adequate crossings
shall be maintained for vehicles and for pedestrians.
[Ord. 701, 9/16/1980, § 14]
1.
The permittee shall not interfere with any existing Borough owned
or operated facility without the written consent of the Borough Engineer
or Borough Administrator. No facility owned or operated by the Borough
shall be moved to accommodate the permittee unless the cost of such
work be borne by the permittee. The permittee shall support and protect
by timbers or otherwise all pipes, conduits, poles, wires, or other
apparatus which may be in any way affected by the excavation work,
and do everything necessary to support, sustain and protect them under,
over, along and across said work.
2.
The permittee shall perform said work in accordance with all applicable
Federal, State and local laws, rules and regulations. In case any
of said pipes, conduits, poles, wires or apparatus should be damaged
and for this purpose pipe coating or other encasement or devices are
to be considered as part of a substructure, the permittee shall promptly
notify the Borough thereof. The cost of damaged facilities caused
by permittee's negligence shall be paid by the permittee. It
is the intent of this paragraph that the permittee shall assume all
liability for damage to Borough owned or operated facilities and any
resulting damage or injury to anyone because of such facility damage
and such assumption of liability is the legal obligation of the permittee.
The permittee shall inform itself as to the existence and location
of all underground facilities and protect the same against damage.
[Ord. 701, 9/16/1980, § 15]
Whenever the use of substructure is abandoned, except the abandonment
of service lines designed to serve single properties, the person owning,
using controlling, or having an interest therein, shall within 30
days after such abandonment, file with the Borough Administrator a
statement in writing giving in detail the location of the substructure
so abandoned. If such abandoned substructure is in the way, or subsequently
becomes in the way of an installation of the Borough or any other
public body, which installation is pursuant to a governmental function,
the owner shall remove such abandoned substructure or pay the cost
of its removal during the course of excavation for construction of
the facility by the Borough or any other public body.
[Ord. 701, 9/16/1980, § 16]
1.
The permittee shall, at all times and at his own expense, preserve
and protect from injury any adjoining property by providing proper
foundations and taking other measures suitable for the purpose. Where
in the protection of such property it is necessary to enter upon private
property for the purpose of taking appropriate measures, the permittee
shall obtain consent from the owner of such private property for such
purpose, and if cannot obtain such consent, the Borough Administrator
may authorize him to enter the private premises solely for the purpose
of making the property safe. The permittee shall, at its own expense,
shore up and protect all buildings, walls, fences or other property
likely to be damaged during the process of the excavation work and
shall be responsible for all damage to public or private property
or highways resulting from its failure to properly protect and carry
out said work.
2.
Whenever it may be necessary for the permittee to trench through
any lawn area, said area shall be reseeded or the sod shall be carefully
cut and rolled and replaced after ditches have been backfilled as
required in this Part. All construction and maintenance work shall
be done in a manner calculated to leave the lawn area clean of earth
and debris and in a condition as nearly as possible to that which
existed before such work began. The permittee shall not remove, even
temporarily, any trees or shrubs which exist in parking strip areas,
without first obtaining the consent of the appropriate Borough department
or Borough officials having supervision of such property.
[Ord. 701, 9/16/1980, § 17]
Only that material excavated which is suitable for backfilling
according to § 123 of this Part shall be piled and maintained
in such manner as not to endanger those working in the trench, pedestrians
or users of the street, and so that as little as possible inconvenience
is caused to those using the streets and adjoining property. Where
the confines of the area being excavated are too narrow to permit
the piling of excavated material beside the trench, such as might
be the case in a narrow avenue, the Borough Administrator shall have
the authority to require that the permittee haul the excavated material
to a storage site and then rehaul it to the trench site at the time
of backfilling. It shall be the permittee's responsibility to
secure the necessary permission and make all necessary arrangements
for all required storage and disposal sites. All suitable material
excavated shall be laid compactly along the side of the trench and
kept trimmed so as to cause as little inconvenience as reasonably
possible to vehicular and pedestrian traffic, or as specified by the
Borough Administrator. Whenever necessary, in order to expedite the
flow of traffic or to abate the dirt or dust nuisance, toe boards
or bins may be required by the Borough Administrator to prevent the
spreading of dirt into traffic lanes.
[Ord. 701, 9/16/1980, § 18]
As the excavation work progresses, all streets shall be thoroughly
cleaned of all rubbish, excess earth, rock and debris resulting from
such work. All clean up operations at the location of such excavation
shall be accomplished at the expense of the permittee and shall be
completed to the satisfaction of the Borough Administrator. From time
to time, as may be ordered by the Borough Administrator and in any
event immediately after completion of said work, the permittee shall,
at his or its expense, clean up and remove all refuse and unused material
of any kind resulting from said work, and upon failure to do so within
24 hours after having been notified to do so by the Borough Administrator,
said work may be done by the Public Works Department and cost thereof
charged to the permittee, and the permittee shall also be liable for
the cost thereof under the surety bond provided hereunder.
[Ord. 701, 9/16/1980, § 19]
1.
The permittee shall adequately keep all gutters and swells free and
unobstructed from debris and other objects. Whenever a gutter or swell
crosses an intersecting street, an adequate waterway shall be provided
and at all times maintained.
2.
The permittee shall make provisions to take care of all surplus water,
muck, silt, slickings or other run-off pumped from excavations or
resulting from sluicing or other operations, and shall be responsible
for any damage resulting from its failure to so provide.
[Ord. 701, 9/16/1980, § 20]
1.
Heavy duty pavement breakers may be prohibited by the Borough Administrator
when the use endangers existing substructure or other property.
2.
Saw cutting of Portland cement may be required when the nature of
the work or the condition of the street warrants. When required, the
depth of the cut shall be not less than one inch in depth; however,
depths greater than one inch may be required by the Borough Engineer
or Borough Administrator outside of the limit of the excavation over
caveouts, overbreaks and small floating sections.
3.
Approved cutting of bituminous pavement surface ahead of excavation
may be required by the Borough Engineer to confine pavement damage
to the limits of the trench.
4.
Sections of sidewalks shall be removed to the nearest score line
or joint.
5.
Unstable pavement shall be removed over cave-outs and over breaks
and the subgrade shall be treated as the main trench.
6.
Pavement edges shall be trimmed to a vertical face and neatly aligned
with the center line of the trench.
7.
Cutouts outside of the trench lines must be normal or parallel to
the trench line.
[Ord. 701, 9/16/1980, § 21]
No person shall, without written permission of the Borough Engineer,
install any substructure, except manholes, vaults, valve casings,
culverts, and catch basins at a vertical distance less than:
A.
Streets. Twenty-four inches below the established flow line of the
nearest gutter. If said flow line is not established, then the depth
shall be at a minimum of 24 inches below the surface of the nearest
outermost edge of the traveled portion of the street.
B.
Other Public Places. The minimum depth of any substructure in any
public place shall be 12 inches below the surface. Nothing in this
Section shall impose a duty upon the permittee to maintain said specifications
as required herein upon subsequent changes of grade in the surface
unless the grade in said substructure interferes with the maintenance
of, or travel on, a public street.
[Ord. No. 701, 9/16/1980, § 22; as amended by Ord. No.
1009, 5/13/2019]
1.
Backfilling and Restoring Opening.
A.
In order to assure a seamless roadway surface pavement overlay with
sealed, keyed or saw-cut edges along the entire length of any excavation,
any person, entity, public utility contractor or homeowner who engages
in any repair work, improvements, excavation, digging of any kind
in any street, avenue, road, alley, highway or other public place
located within the Borough shall be required to restore and resurface
the roadway, from curbline to curbline, consistent with the standards
and requirements set forth in this section and as described and depicted
in Appendix I hereof.[1] In addition, should any excavation or construction disturb
a section of sidewalk, the Borough Manager is hereby authorized to
require a complete, whole or in part, replacement of the sidewalk
within the area of disturbance or limits of construction.
[1]
Editor's Note: Appendix I is included as an attachment to this chapter.
B.
All pavement cuts, opening, and excavations shall be made properly and backfilled properly by the permittee in accordance with the specifications set forth in Appendix I hereof. Unless permittee has been granted permission to restore the street surface as provided in Subsections 1C through E hereof, the permittee also shall place a temporary surface on the pavement cut, opening, or excavation in accordance with municipal specification. If the permittee has been granted permission to restore the street surface but weather conditions are such as to prevent the completion of permanent restoration of the street surface at the time backfilling is completed, permittee shall install a temporary surface in accordance with Borough specifications until such time as weather conditions will permit permanent restoration of the street surface.
C.
The Manager shall be notified by the permittee during the forty-eight-hour
periods preceding the beginnings of: 1) backfilling; and 2) restoration
and the approximate time each will be begun.
D.
No backfilling or restoration shall be accomplished unless or until
the Manager is present or permission has been granted for backfilling
or restoration after inspection by the Manager.
E.
The work of final restoration, including both paving surface and
paving base, shall be performed directly by the Borough under the
supervision of the Manager; provided, however, that upon a public
utility company's application for permission to perform the work
of restoration, the Borough may grant permission to such public utility
company to perform the work of restoration. In those cases where such
permission is granted, the work of restoration, including both paving
surface and paving base, shall be performed by the permittee in accordance
with the specifications set forth herein and in Appendix I hereof,[2] and shall be subject to inspection by the Borough.
[2]
Editor's Note: Appendix I is included as an attachment to this chapter.
F.
After excavation is commenced, the work of making and backfilling the same shall be prosecuted with due diligence. Unless the provisions of Subsection 1B of this section apply, the permittee is required to complete permanent restoration of the street surface in accordance with Borough specifications within seven days after repairs and/or installation are completed. Furthermore, the permittee shall be required to install and maintain a temporary surface in accordance with Borough specifications during:
G.
Inspections of all work authorized by a permit shall be made by the
Manager at such times and in such manner as required to assure compliance
with provisions of this Part. If the nature of the work to be performed
under any permit is such as to require the services of a full-time
inspector, the Manager shall provide for the services of such an inspector.
H.
All inspection costs shall be borne by the permittee. Such costs
shall be based upon a schedule of charges on file in the office of
the Manager.
I.
Upon completion of all work accomplished under the provisions of
a permit, the permittee shall notify the Manager in writing. A certificate
of final inspection shall be issued by the Manager to each permittee
no sooner than one year and not later 18 months after the permanent
restoration of the excavation has been made, providing the work authorized
by the permit has been performed according to Borough specifications.
Prior to the issuance of a certificate, the Manager shall make a final
inspection of the restoration to determine compliance with Borough
specifications.
J.
If any settlement in a restored area occurs within a period of two
years from date of completion of the permanent restoration, and permittee
fails to make such correction after notification, any expense incurred
by the Borough in correcting such settlement shall be paid by the
permittee or recovered from his bond, unless the permittee submits
proof satisfactory to the Manager that the settlement was not due
to defective backfilling.
K.
In no case shall any opening made by a permittee be considered in the charge or care of the Borough or any of its officers or employees, and no officer or employee of the municipality is authorized in any way to take or assume any jurisdiction over any such opening, except in the exercise of the police power, when it is necessary to protect life and property; provided, however, that the Borough assumes charge when making final surface restoration, unless permittee has been granted permission to perform the work of restoration of the street surface as provided in Subsection 1E.
[Ord. 701, 9/16/1980, § 23]
The maximum opening permissible at any time shall be in accordance
with applicable Federal, State and local laws, rules and regulations.
[Ord. 701, 9/16/1980, § 24]
After any excavation is commenced, the permittee shall prosecute
with diligence and expedition all excavation work covered by the excavation
permit; shall promptly complete such work and restore the street to
its original condition, or as near as may be, so as not to obstruct
the public place or travel thereon more than is reasonably necessary.
[Ord. 701, 9/16/1980, § 25]
When traffic conditions, the safety or convenience of the traveling
public or the public interest require that the excavation work be
performed as emergency work, the Borough Administrator shall have
full power to order, at the time the permit is granted, that a crew
of men and adequate facilities be employed by the permittee 24 hours
a day so the end of that such excavation work may be completed as
soon as possible.
[Ord. 701, 9/16/1980, § 26]
Nothing in this Part shall be construed to prevent the making
of such excavations as may be necessary for the preservation of life
or property or for the location of trouble in conduit or pipe, or
for making repairs; provided, that the person making such excavation
shall apply to the Borough Administrator for such permit on the first
working day after such work is commenced.
[Ord. 701, 9/16/1980, § 27]
Each permittee shall conduct and carry out excavation work in
such manner as to avoid unnecessary inconvenience and annoyance to
the general public and occupants or neighboring property. The permittee
shall take appropriate measures to reduce to the fullest extent practicable
in the performance of the excavation work noise, dust and unsightly
debris; and, between the hours of 10:00 p.m. and 7:00 a.m. shall not
use, except in case of emergency as herein otherwise provided, any
tool, appliance, or equipment producing noise of sufficient volume
to disturb the sleep or repose of occupants of neighboring property.
[Ord. 701, 9/16/1980, § 28]
Any monument set for the purpose of locating or preserving the
lines of any street or property subdivision, or a precise survey reference
point, or a permanent survey bench mark within the Borough, shall
not be removed or disturbed or caused to be removed or disturbed without
obtaining permission in writing from the Borough Council to do so.
Permission to remove or disturb such monuments, reference points,
or bench marks shall only be granted upon condition that the person
applying for such permission shall pay all expenses incident to the
proper replacement of this monument by the Borough.
[Ord. 701, 9/16/1980, § 29]
The Borough Administrator or his/her designate may invite inspections
as are reasonable necessary in the enforcement of this Part. The Borough
Administrator or his/her designate shall have the authority to promulgate
and cause to be enforced and carry out the intent of this Part.
[Ord. 701, 9/16/1980, § 30]
Every public utility, after enactment of this Part, shall maintain
adequate records of its underground facilities, except relatively
minor facilities which connect a particular premise or building to
a facility serving more than one premise or building and except oil
or gas gathering or field lines.
[Ord. 701, 9/16/1980, § 31; as amended by Ord.
724, May 4, 1982; as amended by Ord. 830, 2/13/1995]
Any person, firm or corporation who shall violate any provision
of this Part shall, upon conviction thereof, be sentenced to pay a
fine of not more than $600 plus costs and, and in default of said
fine and costs to a term of imprisonment not to exceed 30 days. Each
day that a violation of this Part continues shall constitute a separate
offense.
