[Ord. 692, 1/24/1994, § 2]
1.
It shall be unlawful for any person, firm, corporation, partnership
or other entity (hereinafter referred to as "person") to occupy or
make any tunnel, opening or excavation of any kind in, under or adjacent
to the surface of any street within the Borough without first securing
a permit from the Borough for each separate undertaking. In no event
shall any person seeking a permit deviate from the provisions of this
Part or from the terms of any subsequently issued permit. Nothing
in this Part shall be construed to require a permit in advance of
emergency repairs necessary for the safety of the public or the restoration
or continuance of a public utility or other public service, but application
for a permit under such circumstances is still required, with moneys
and application due within five days after commencement of the work,
and thereafter the remaining provisions of this Part shall apply.
In all cases in which emergency repairs are necessary, the Borough
Manager and/or Public Works Director shall be notified prior to excavation
of any kind.
2.
The definition of "street" shall mean and include a public street,
public easement, public right-of-way, public highway, public alley,
public way or public road accepted or maintained by the Borough.
3.
Any permit required by the Commonwealth of Pennsylvania for Commonwealth
highways located within the Borough shall be obtained in accordance
with the Commonwealth requirements.
4.
Nonrefundable permit issuance and inspection fees shall be required
to be paid before the issuance of any permit, said fees being of an
amount as established and revised from time to time by resolution
of the Borough Council and as kept on file in the Borough office.
[Ord. 692, 1/24/1994, § 2]
No person to whom a permit has been granted shall work or excavate
to an extent greater than that specified in the permit, unless such
additional work or excavation is necessary to complete the project
and the Borough Manager provides written authorization for it. Any
deposit made and bond filed in connection with the original permit
may be increased at the discretion of the Borough Manager to cover
any such additional work as may be approved pursuant to this section.
[Ord. 692, 1/24/1994, § 2]
Work for which a permit has been issued shall commence within
15 business days after the issuance of the permit therefor. If not
so commenced, the permit shall be automatically terminated unless,
before the end of the original 15 business-day period, the permittee
applies, in writing, to the Borough Manager for an extension of time
within which to commence work. If such an extension is granted by
the Borough Manager in writing, the original permit shall remain in
force for the period of time specified in the extension. Permits which
terminate after the original fifteen-business-day period or after
any extension period may not be renewed. However, any person having
a terminated permit will not be precluded from applying for a new
permit if such application is accompanied by an additional permit
issuance fee.
[Ord. 692, 1/24/1994]
Permits are not transferable from one person to another, and
the work shall not be made in any place other than the location specifically
designated in the permit.
[Ord. 692, 1/24/1994]
1.
Every permit shall expire at the time stated in the permit. If the
permittee cannot complete the work within the specified time, a written
extension request to the Borough Manager must be made prior to the
expiration date of the permit. The extension request must set forth
the reasons for the extension. If, in the opinion of the Borough Manager,
such an extension is necessary and not contrary to the public interest,
the Borough Manager shall grant the request, establish a new expiration
date and notify the permittee, in writing, of the extension and expiration
date.
2.
Any person having a permit expiring under an original or extended
expiration date shall not be allowed to apply for a new permit for
the incomplete work, unless the Borough Manager authorizes a new application.
Any work remaining incomplete at the expiration of a permit may be
deemed abandoned by the Borough, in which case the Borough shall perform
such work as may be necessary to restore the street or part thereof
to its preexisting condition. Expenses thereby incurred by the Borough
shall be recovered from the permittee's deposit and bond. Any expense
incurred by the Borough and not fully compensated for by the deposit
and bond shall be recovered from the permittee by any method permitted
by law.
[Ord. 692, 1/24/1994, § 2]
Every permit shall be granted subject to the right of the Borough
or of any other person to lawfully use the street for any purpose
not inconsistent with the permit.
[Ord. 692, 1/24/1994, § 2]
1.
Any permit may be revoked by the Borough Manager after written notice
to the permittee if any of the following occurs as a result of the
work undertaken pursuant to the permit or the actions of the permittee,
the permittee's agents or employees:
2.
Written notice of any revocation with a brief statement of the reason(s)
for the revocation shall be served upon the permittee or agent of
the permittee. Notice may be given either by personal delivery or
by certified or registered United States mail.
3.
By the end of the next business day, the Borough Manager shall have
the discretion to withdraw the revocation and allow work to proceed
under the permit if the permittee sufficiently and expeditiously demonstrates
that the occurrence causing the revocation has ceased, been remedied
and will not reoccur. The permittee has the right to appeal the Borough
Manager's decision to Borough Council at the next regularly scheduled
meeting.
4.
When any permit has been revoked and the work authorized by the permit
has not been completed, the Borough shall perform such work as may
be necessary to restore the street or part thereof to its preexisting
condition. Expenses thereby incurred by the Borough shall be recovered
from the permittee's deposit and bond. Any expense incurred by the
Borough and not fully compensated for by the deposit and bond shall
be recovered from the permittee by any method permitted by law.
[Ord. 692, 1/24/1994, § 2]
1.
It shall be the duty and responsibility of any person applying for
a permit under this Part to do the following:
A.
Make written application for such permit with the Borough Manager
on such form as the Borough shall prescribe. Among other things, the
application shall require the applicant to identify the name, address
and telephone numbers of the applicant and any agents or employees
associated with the job and describe the purpose of the work and the
safety precautions to be taken. Such application shall also contain
an agreement by the applicant that all work performed pursuant to
the permit shall be done in full compliance with the ordinances of
the Borough and the laws and regulations of the Commonwealth in relation
thereto; that the applicant shall well and truly save, defend and
keep harmless the Borough, its agents, officers and employees from
and indemnify it and them against any and all actions, suits, demands,
payments, costs, awards, judgments and charges for or made possible
by reason of the proposed openings or excavation or work related thereto
and all damages to any person or property resulting in any manner
therefrom or occurring in the performance of the work connected therewith
or from any other matter, cause or thing relating thereto.
B.
Furnish, in duplicate, a plan showing the work to be performed under
said permit. Among other things, the applicant shall identify on the
plan the exact location of the proposed opening or excavation and
the approximate area of the street surface to be disturbed or affected.
Two copies of such plan shall be returned to the applicant at the
time the permit is granted.
[Ord. 692, 1/24/1994, § 2]
1.
It shall be the duty and responsibility of any person receiving a
permit to:
A.
Pay a permit issuance fee and permit inspection fee, as described in § 20-101. Any permits required by the Pennsylvania Department of Transportation shall be paid to that Department in accordance with its fee schedule.
B.
Make a deposit to cover the cost of inspecting the work authorized
by the permit and the cost of restoring the street damaged by such
work, all in accordance with the provisions of this Part.
C.
File a bond as required by this Part.
[Ord. 692, 1/24/1994, § 2]
1.
No opening or excavation in any street shall extend beyond the center
line of the street before being backfilled and the street surface
restored. Temporary restoration with plating shall be permitted only
after approval has been obtained by the Borough Manager.
2.
No more than 50 feet measured longitudinally shall be opened and
unfilled in any street at any time, except by special written permission
of the Borough Manager.
3.
Pipe drains, pipe culverts and any other structures or facilities
encountered shall be protected and provided by the permittee.
4.
Monuments of concrete, iron or other long-lasting material set in
the street for the purpose of locating or preserving the boundaries
of any street or property, or any precise survey reference point or
permanent survey bench mark, shall not be removed, disturbed or caused
to be removed or disturbed unless permission to do so is first obtained,
in writing, from the Borough Manager. Permission shall be granted
only upon condition that the permittee pay all expenses incident to
the proper replacement of the monument.
5.
When work performed by the permittee interferes with the established
drainage system of any street, provision shall be made by the permittee
to provide proper drainage to the satisfaction of the Borough Manager
and Borough Engineer.
6.
When any earth, gravel or other excavated material is caused to roll,
flow, wash or otherwise lay upon any street, the permittee shall cause
the same to be removed from the street at the end of the day. In the
event that the earth, gravel or other excavated material so deposited
is not removed, the Borough Manager shall cause such removal and if
the cost incurred is not immediately reimbursed to the Borough by
the permittee, the permit may be revoked.
7.
Every permittee shall place around the project such barriers, barricades,
lights, warning flags and danger signs as shall be sufficient for
the safety of the public. Barricading shall be in compliance with
all regulations promulgated by the Commonwealth of Pennsylvania and
the Pennsylvania Department of Transportation. No person shall willfully
move, remove, injure, destroy or extinguish any barrier, warning light,
sign or notice erected, placed or posted in accordance with the provisions
of this Part.
8.
Access to private driveways shall be provided except during working
hours when construction operations prohibit provisions for such access.
Free access must be provided at all times for fire hydrants.
9.
Excavated materials shall be hauled away. In order to expedite the
flow of traffic or to abate a dirt or dust nuisance, the Borough Manager
may require the permittee to provide toe boards or bins; and if the
excavated area is muddy or causes inconvenience to pedestrians, temporary
wooden plank walks shall be installed by the permittee as directed
by the Borough Manager. If the street is not wide enough to hold the
excavated material without using part of an adjacent sidewalk, the
permittee shall keep open a clean and unobstructed passageway on at
least 1/2 of the affected sidewalk.
10.
Work authorized by a permit shall be performed between the hours
of 6:00 a.m. and 6:00 p.m., Monday through Friday, unless the permittee
obtains written consent from the Borough Manager to do the work at
an earlier or later hour. Such permission shall be granted only in
case of an emergency or in the event that the work authorized by the
permit is to be performed in traffic congested areas.
11.
In granting any permit, the Borough Manager may attach such other
conditions thereto as may be reasonably necessary to prevent damage
to public or private property or to prevent the operation from being
conducted in a manner hazardous to life or property or in a manner
likely to create a nuisance. Such conditions may include but shall
not be limited to:
A.
Limitations on the period of the year in which the work may be performed.
B.
Restrictions as to the size and type of equipment.
C.
Designation of routes upon which materials may be transported.
D.
The place and manner of disposal of excavated materials.
E.
Requirements as to the laying of dust, the cleaning of streets, the
prevention of noise and other results offensive or injurious to the
neighborhood, the general public or any portion thereof.
F.
Regulations as to the use of streets in the course of the work.
[Ord. 692, 1/24/1994, § 2]
1.
All pavement cuts, openings and excavations shall be properly made,
backfilled and relayed by the permittee to the original condition
in accordance with the Borough's specifications and/or the directions
of the Borough Manager.
2.
The Borough Manager must be notified by the permittee, at least 24
hours prior to the start of backfilling, of the date and approximate
time when the backfilling will begin and be completed.
3.
After work under a permit is commenced, completing the work and backfilling
any opening or excavation shall be completed with due diligence.
4.
The Borough Manager at any time may inspect the work authorized by
a permit. The Borough Manager is authorized to provide a full-time
inspector if necessary to ensure compliance with the provisions of
this Part. All inspection costs, including but not limited to salary,
overhead and expenses of each inspector, shall be borne by the permittee.
5.
The permittee shall notify the Borough Manager, in writing, upon
completion of all work accomplished under the provisions of the permit.
A certificate of final inspection shall be issued by the Borough Manager
to each permittee within 90 days after the permanent restoration of
the excavation has been made, provided that the work authorized by
the permit has been performed according to the Borough specification
and/or the directions of the Borough Manager.
6.
If any settlement or other defect occurs in a restored area within
a period of two years from the date of completion of the permit restoration,
any expense incurred by the Borough in correcting such settlement
shall be paid by the permittee.
7.
In no case shall any opening or excavation made by a permittee be
considered in the charge or care of the Borough, or any of its agents,
officers or employees, and no such agent, officer or employee is authorized
in any way to take or assume any jurisdiction over any such opening
or excavation, except in the exercise of the police power, when it
is necessary to protect life and property; provided, however, that
the Borough shall assume charge if and when it makes the final restoration.
8.
No tunneling shall be allowed without the express approval of the
Borough Manager. Use of a boring tool, such as a gopher or similar
equipment, capable of creating a hole no wider than 3 1/2 inches
in diameter, shall not be considered tunneling when the tool is used
at a depth greater than 18 inches from the surface. The backfilling
of a tunnel excavation shall be made only in the presence of the Borough
Manager, Borough Engineer or designated inspector and shall be done
only in a manner approved by the Borough representative.
9.
All openings shall be promptly backfilled with suitable materials
(2RC Slag or 2RC Stone) and thoroughly compacted in succeeding layers
of six inches in depth from the bottom of the trench to the top. After
backfilling, the street surface shall be neatly cut, with vertical
walls 12 inches wider than the opening, and eight inches deep to provide
shelf. The vertical walls of the existing pavement shall be painted
with hot asphalt (AC 2.5 or AC 20). The opening shall be filled with
six inches of bituminous concrete base course (BCBC) and two inches
of bituminous concrete wearing surface (ID-2). The street surface
at the perimeter of the new patch shall be sealed with asphalt cement
(AC 2.5 or AC 20). If settlement of the street surface occurs within
the patch within 24 months after the work is completed, the applicant
will be notified by the Borough and shall be required to promptly
repair the street surface in a manner acceptable to the Borough Manager.
If any utility, by its own specification, is required to use Portland
cement concrete over its trench, the Portland cement concrete must
be kept a minimum of eight inches below the surface of the street
to permit final paving of six inches of BCBC and two inches of ID-2.
[Ord. 692, 1/24/1994, § 2]
The Borough Manager, upon receipt of a properly completed application,
shall determine the amount of the deposit to be made by the permittee,
which amount shall equal the approximate expense to meet the requirements
of this Part; provided however, that the minimum amount of the deposit
shall be $500. The deposit shall be paid at the time the permit is
received, and the deposit may be used, at the Borough's discretion,
to reimburse the Borough to cover the cost of any work and/or materials
furnished by it in connection with the work authorized by the permit,
all inspections of said work and for any other purpose set forth in
this Part. The Borough may elect to waive this requirement insofar
as it pertains to a public utility company if such company files with
the Borough its corporate bond in a form satisfactory to the Borough
Solicitor, conditioned upon the payment to the Borough of all costs
which would otherwise be covered by and paid out of such a deposit.
In the event that any public utility company elects to file such a
bond, the Borough shall bill such company monthly for any accrued
costs.
[Ord. 692, 1/24/1994, § 2]
The deposit may be either in the form of a certified, treasurer's
or cashier's check or in lawful money of the United States.
[Ord. 692, 1/24/1994, § 2]
If any deposit is less than sufficient to pay all costs, the
permittee shall, upon demand, pay to the Borough an amount equal to
the deficiency. If the permittee fails or refuses to pay such deficiency,
the Borough may revoke any issued permit and institute an action to
recover the deficiency in any court of competent jurisdiction. Until
such deficiency is paid in full, no additional permits shall be issued
to such permittee.
[Ord. 692, 1/24/1994, § 2]
Upon notification by the permittee that all work authorized
by the permit has been completed, including the restoration of the
opening, and after the certificate of final inspection has been issued,
the Borough Manager shall refund to the permittee his deposit, less
all costs incurred by the Borough in connection with said permit.
[Ord. 692, 1/24/1994, § 2]
No permit shall be issued unless and until the applicant has
filed with the Borough Treasurer a bond in an amount determined by
the Borough Manager but not greater than $100,000. The purpose of
the bond is to indemnify the Borough of any loss, liability or damage
to person or property that may result or accrue from or because of
the construction, existence or manner of guarding any such opening,
tunnel or excavation. Such bond shall have as surety a corporation
licensed to do business in the State of Pennsylvania as a surety company.
[Ord. 692, 1/24/1994, § 2]
Whenever the use of any pipe, conduit, duct, tunnel or other
facility or structure located under the surface of any street is abandoned,
the person owning, using, controlling or having an interest therein
shall, within 30 days after such abandonment, file with the Borough
Manager a written statement giving in detail the location of the structure
so abandoned. Whenever there are manholes or tunnels associated with
abandoned underground facilities or structures, such manholes or tunnels
shall be filled in at the time of abandonment and the Borough Manager
notified thereof in writing. Abandoned lines 12 inches in diameter
or larger shall be removed or filled to avoid collapse.
[Ord. 692, 1/24/1994, § 2; as amended by Ord. 810,
12/17/2007]
Any person, firm or corporation who shall violate any of the
provisions of this Part, or any regulations and specifications adopted
thereunder, upon conviction thereof, shall be sentenced to a fine
of not more than $1,000 plus costs and, in default of payment of said
fine and costs, to a term of imprisonment not to exceed 30 days.
