[Ord. 7/13/1931, § 1]
The word "person" wherever used in this Part 1A shall mean any
individual partnership, association or corporation.
[Ord. 7/13/1931, § 2]
It shall be unlawful for any person (the Borough of Bristol
excepted) to dig a tunnel under the surface of any street, for the
purpose of laying or installing pipes, mains, conduits or wires, or
for any other purpose whatsoever.
[Ord. 7/13/1931, § 3]
It shall be unlawful for any person (the Borough of Bristol
excepted) to open or break any of the streets, lanes or alleys of
the Borough of Bristol, for the purpose of laying water, sewer, gas,
or other pipes, mains, conduits, or other structure therein, or for
any other purpose whatsoever, unless and until a permit so to do shall
have first been obtained as herein provided.
[Ord. 7/13/1931, § 4]
Applications for permits for excavations upon streets forming
connecting links or continuations of state highways within the corporate
limits of said Borough, shall be made to the Department of Transportation
of Pennsylvania, by whom such permits shall be issued; provided, however,
that nothing in this Part contained shall be taken or construed to
require the Borough of Bristol to make such application or obtain
such permit.
[Ord. 7/13/1931, § 5]
Applications for permits for excavations upon any and all other
streets (excepting streets forming connecting links or continuations
of state highways) shall be made to the Borough of Bristol.
[Ord. 7/13/1931, § 6]
Applications for permits for excavations upon streets forming
connecting links or continuations of state highways, shall be made
on a form furnished by or satisfactory to the Department of Transportation,
and such application shall be made to the said Department of Transportation
through its authorized representative in the County of Bucks.
[Ord. 7/13/1931, § 7]
Applications for permits for excavations upon all other streets,
lanes and alleys (excepting such as form connecting links or continuations
of state highways) within the corporate limits, shall be signed by
the applicant, and there the application is made by a public service
corporation such application shall be signed by a duly authorized
officer or representative of such corporation.
[Ord. 7/13/1931, § 8; as amended by Ord. 1070,
12/9/1991, § 108]
1.
Such application shall set forth:
A.
Place where the work is to be done, or the portion of the street
to be excavated.
B.
The purpose for which the work is to be done or the street to be
opened or occupied.
C.
The name of the owner or owners of the abutting property.
D.
A scaled plan showing location of other utilities.
E.
Such other information as the Engineer of the Borough, or his duly
authorized representative, may require.
[Ord. 7/13/1931, § 9]
The fee for the issuance of permits by the Department of Transportation,
where permits are required to be issued by said Department, shall
be paid to said Department in accordance with the standard schedule
of fees for such permits.
[Ord. 7/13/1931, § 10; as amended by Ord. 590,
1/11/1961, § 1; by Ord. 791, 8/14/1972; and by Ord. 1005,
7/14/1986]
In all applications made to the Borough the applicant, at the
time of filing his application, shall pay license fee in the amount
established by resolution of Borough Council for the benefit of the
Borough of Bristol.
[Ord. 7/13/1931, § 11]
Permit shall be issued by the Borough Engineer and shall be
valid for 30 days only from the date of issuance. A permit may be
renewed for an additional 30 days on the payment of an additional
sum.
[Ord. 7/13/1931, § 12]
The filing of an application and the issuance of a permit shall
constitute an agreement on the part of the person making the application
to comply with all the terms of this Part and with all the rules,
regulations and requirements of the Borough and/or the Committee on
Streets and Highways of said Borough now in force or hereafter adopted,
and to indemnify and save harmless the Borough of Bristol from and
against all loss, costs, claims, demands and actions for damages,
either to person or property, that may be sustained by any person
by reason of or arising out of any work done under the application
or permit, or the issuance of such permit.
[Ord. 7/13/1931, § 13]
It shall be the duty of the person whom a permit has been issued
to protect all openings, materials and obstructions of any kind in
a street by red lanterns which shall be lighted from sunset to sunrise,
and by such fences or other protection as may be required by the Borough
Engineer, or his duly authorized representative.
[Ord. 7/13/1931, § 14]
All openings or breaks shall be refilled immediately by the
person to whom a permit has been issued, with suitable materials thoroughly
compacted and in all respects satisfactory to the Borough Engineer,
or his duly authorized representative, and the filling shall be puddled
where required.
[Ord. 7/13/1931, § 15; as amended by Ord. 590,
1/11/1961, § 2; and by Ord. 1005, 7/14/1986]
In all openings and breaks in unimproved streets, the finished
surface shall be brought flush with the surface of the unimproved
street by applying and consolidating eight inches of 1 1/2 inch
broken stone. Said refilling and resurfacing shall be installed by
the Borough of Bristol. The cost thereof shall be paid by the applicant
at the time he files his application for a permit at the rate established
by resolution of Borough Council, for each square yard or part thereof
as estimated by the Borough Engineer to be opened or broken.
[Ord. 7/13/1931, § 16; as amended by Ord. 12/13/1954,
§ 1; by Ord. 590, 1/11/1961, § 3; by Ord. 791,
8/14/1972; by Ord. 1005, 7/14/1986; and by Ord. 1070, 12/9/1991, § 116]
In the case of opening and breaking of improved Borough streets,
the street shall be restored at the sole cost of the applicant and
shall be restored in accordance with the current standards of the
Pennsylvania Department of Transportation. Said applicant, at the
time of obtaining his permit, shall pay in addition to the cost of
said permit a sum of as established by resolution of Borough Council,
depending on the nature of the street surface to be excavated and
the size of the excavation as estimated by the Borough Engineer.
[Ord. 7/13/1931, § 17]
1.
The surface to be restored shall in all cases be one foot wider in
all directions than the widest part of the excavation, that is, shall
extend one foot in every direction beyond the outside line or margin
of such excavation; the same to be measured and determined by the
Borough Engineer, or his authorized agent, and the amount to be paid
shall be in accordance with such measurements.
2.
When any application is made for such permit the Borough Engineer,
or his authorized representative, shall approximate the cost thereof,
and at the time the permit is issued such amount shall be paid to
the Borough Engineer, and when the work is entirely completed, final
measurements shall be taken and adjustments made by the Engineer in
accordance therewith.
[Ord. 7/13/1931, § 18]
The filing of an application by a public service corporation
and the issuance of a permit for the laying of a water, sewer or gas
main, main conduit for electric, telephone or telegraph wires, or
other structure, shall constitute an agreement on the part of the
applicant that it shall and will, at any time thereafter, upon reasonable
notice from the Borough, and at its own cost and expense, make such
change in the location, relocation, construction or reconstruction
of such pipes, conduits or lines as may be required by the Borough.
[Ord. 7/13/1931, § 19; as amended by Ord. 1005,
7/14/1986; and by Ord. 1295, 9/9/2013]
Any person, firm or corporation who shall violate any provision
of this Part, upon conviction thereof in an action brought before
a magisterial district judge in the manner provided for the enforcement
of summary offenses under the Pennsylvania Rules of Criminal Procedure,
shall be sentenced to pay 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 90 days. Each day that a violation of this Part continues
or each section of this Part which shall be found to have been violated
shall constitute a separate offense.
[Ord. 7/13/1931, § 20]
Nothing in § 21-119 of this Part contained shall be taken or construed as providing an exclusive remedy for the violation of the terms and provisions of this Part but the Borough may have recourse to any other action at law or in equity to restrain and prevent the violation thereof.
[Ord. 7/13/1931, § 20; as added by Ord. 590, 1/11/1961,
§ 4]
Upon the approval of the Borough Engineer, a public service
corporation may itself replace the opening or breaking of the surface
of any street, alley, road or highway within the Borough of Bristol
other than a designated state highway, after payment of the application
permit fee as provided herein. Where said Borough Engineer extends
said permission, he shall first obtain in writing the consent of said
public service corporation to comply with the rules and regulations
of the Borough of Bristol concerning resurfacing of excavation as
provided herein.
[Ord. 7/13/1931; as added by Ord. 1070, 12/9/1991, § 122;
as amended by Ord. 1202, 3/14/2005; and by Ord. 1295, 9/9/2013]
In addition to the permit fees and other fees applicable for
street opening permits, the applicant for any excavation not larger
than 20 square feet shall pay in escrow the fee in an amount as established,
from time to time, by resolution of Borough Council. In addition,
an additional charge a fee in an amount as established, from time
to time, by resolution of Borough Council, shall be due for each additional
10 square feet over 20 square feet. This escrow shall be applied to
engineering and inspection charges incurred by the Borough during
the course of the excavation work performed by the applicant. Any
escrow funds not used by the Borough for engineering and inspection
costs shall be returned to applicant upon completion of the work.
Applicant shall be responsible for any engineering and inspection
costs in excess of the escrow funds deposited with the Borough.
[Ord. 7/13/1931; as added by Ord. 1202, 3/14/2005; and as
amended by Ord. 1295, 9/9/2013]
The applicant for any excavation in a Borough street shall post
security with the Borough in the amount as established, from time
to time, by resolution of Borough Council, per excavation of 20 square
feet or smaller. Additional security in an amount as established,
from time to time, by resolution of Borough Council, shall be posted
for every 10 feet of excavation over 20 square feet. The security
shall be in the form of certified checks, bank funds, or bond with
licensed corporate surety. Public utilities shall be authorized to
file security in the form of corporate bond or letter of credit for
engineering escrow and inspection fees and excavation security.
[Ord. 723, 8/10/1970, § 1]
No person, firm or corporation shall lubricate, change oil,
repair or service any motor vehicle, or dismantle any vehicle engine,
drive train or parts thereof upon any street, alley, public place,
or highway located within the Borough of Bristol; provided, however,
emergency road service shall be permitted and washing, waxing and
changing of tires shall also be permitted.
[Ord. 724, 8/10/1970, § 1; as amended by Ord. 1295,
9/9/2013]
It is hereby declared to be unlawful to rake or otherwise deposit
into the gutters, sewers, highways, streets, and alleys within the
Borough of Bristol any leaves or other vegetation. Said material shall
be placed in paper bags or other suitable receptacles impervious to
the elements and placed adjacent to the curb to await collection.
[Ord. 723, 8/10/1970, § 2; as added by Ord. 724,
8/10/1970, § 2; as amended by Ord. 1005, 7/14/1986; by Ord.
1070, 12/9/1991, § 143; and by Ord. 1295, 9/9/2013]
Any person, firm or corporation who shall violate any provision
of this Part, upon conviction thereof in an action brought before
a magisterial district judge in the manner provided for the enforcement
of summary offenses under the Pennsylvania Rules of Criminal Procedure,
shall be sentenced to pay 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 90 days. Each day that a violation of this Part continues
or each section of this Part which shall be found to have been violated
shall constitute a separate offense.
