[Ord. 785, 6/1/1987, § 1]
This Part shall be known as the "Excavations in Right-of-Way
Ordinance of the Borough of Hatboro."
[Ord. 785, 6/1/1987, § 2]
1.
In this Part, the singular shall include the plural and the masculine
shall include the feminine and the neuter. The word "person" means
any natural person, partnership, firm, association, corporation, or
Borough authority.
2.
BOROUGH
BOROUGH COUNCIL
BOROUGH OFFICIAL
EXCAVATION
FIRE MARSHAL
RIGHT-OF-WAY
SIDEWALK
STREET
The following words, when used in this Part, shall have the meanings
ascribed to them in this section, except in those instances where
the context dearly indicates otherwise.
The duly incorporated Borough of Hatboro, County of Montgomery,
Commonwealth of Pennsylvania, in the United States of America.
The duly elected members of the Borough Council of the Borough
of Hatboro.
A duly appointed official of the Borough designated to enforce
this Part.
Any activity within the right-of-way of any street, avenue,
road, square, alley, highway, footpath, or other public place, which
involves cutting, breaking, or disturbing the surface thereof. In
this Part, the term "opening" shall have essentially the same meaning
as excavation.
The duly appointed Fire Marshal of the Borough of Hatboro.
A public street, avenue, road, square, alley, highway, footpath,
or other public place legally opened or officially plotted. Right-of-way
shall include all that area between the legal right-of-way lines established
by the Borough of Hatboro.
A paved area lying between the curb line and the right-of-way
or property line. Usually a fixed and proportional width of the total
distance between opposite street lines. The sidewalk is public property.
Any public street, avenue, road, square, alley, highway,
or other public place located in the Borough of Hatboro and established
for the use of vehicles.
[Ord. 785, 6/1/1987, § 3]
It shall be the intent of this Part to establish standards and
regulations concerning the opening of streets, sidewalks, or any part
of a public right-of-way, and for the restoration of opened streets,
sidewalks, or rights-of-way. And, further, to protect the public and
the Borough of Hatboro from unsafe conditions, hazards, and damages
accruing from work done in streets, sidewalks, and public rights-of-way.
[Ord. 785, 6/1/1987, § 4]
1.
It shall be unlawful for any person to open or to make any excavation
of any kind in any public right-of-way in the Borough of Hatboro without
first securing a permit therefor, as hereinafter provided.
2.
Application for a permit shall be made on a form provided by the
Borough, and shall be submitted to an authorized Borough official
at the Borough office during normal office hours. The application
shall include:
A.
Name, address, and telephone number of applicant.
B.
Exact location of proposed opening or excavation and the approximate
size or depth thereof.
C.
Expected start and finish dates.
D.
An agreement on the part of the applicant that the work shall be
done in full compliance with the ordinances of the Borough and the
laws of the Commonwealth 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 excavations,
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.
3.
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.
4.
A permit may be issued to the applicant after all the requirements
therefor have been filled. If the application is disapproved, written
notice of the disapproval together with reasons therefor shall be
given to the applicant.
5.
Blasting contractor shall be required to demonstrate evidence of
insurance prior to issuance of permit and commencement of operations.
[Ord. 785, 6/1/1987, § 5]
1.
Before any permit shall be issued to open or excavate in any right-of-way
in the Borough, the applicant shall pay a permit fee to cover the
cost of inspection and other incidental services in connection therewith.
2.
When application shall be made to open or excavate any longitudinal
opening or excavation in excess of 10 feet, before any permit shall
be issued so to open or excavate, the applicant shall pay in addition
to the above fee an additional fee for each 100 feet or fraction thereof.
3.
Fees for permits and inspections shall be set from time to time by
resolution of Borough Council. Permit fees shall include engineering
costs which may be incurred by the Borough in connection with the
requested application.
[Ord. 785, 6/1/1987, § 6]
1.
The work authorized by the permit is subject to all the provisions
of the Act of December 10, 1974, P.L. 852, No. 287, § 1
et seq., as amended or supplemented from time to time. It shall be
the permittee's responsibility to contact utilities that have
recorded their facilities in compliance with said Act. A partial list
of the utilities providing services in the Borough and their office
addresses may be obtained from the County Recorder of Deeds.
2.
The Borough 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, the Borough Authority and the
Upper Moreland-Hatboro Joint Sewer Authority, that 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 the said street within 30 days from the giving of such notice,
unless such time is extended in writing for cause shown by the Borough
Council. New paving shall not be opened or excavated for a period
of five years after the completion thereof, except in case of emergency,
the existence of which emergency and the necessity for the opening
or excavating of such paving to be determined by the Borough official.
If it is sought to excavate upon or open a sewer or water service
within five years after the completion of the paving, applicant shall
make written application to the Borough and a permit for such opening
shall be issued only after express approval of the Borough Council.
[Ord. 785, 6/1/1987, § 7]
1.
No opening or excavation in any street shall extend from the curb
line into the street a distance greater than one foot beyond the center
line of the street before being refilled and the surface of the street
restored to a condition safe and convenient for travel.
2.
No more than 300 feet longitudinally shall be opened or excavated
in any right-of-way at any one time.
3.
All openings or excavations must be backfilled prior to the contractor
leaving the job site each day. No excavation shall be left open over
night unless necessity can be adequately demonstrated, and permission
granted by the Borough official. It shall be the responsibility of
the permit holder to notify the Borough official and obtain written
permission before leaving job site.
4.
The work of excavation shall be so conducted as not to interfere
with the water mains, sewers, or their connections with buildings
or structures, or any other subsurface lines or constructions, until
permission by the proper authorities in connection with such subsurface
lines or constructions shall have been obtained.
5.
No tunneling shall be allowed without the express approval of the
Borough official and permission thereof endorsed upon the permit The
backfilling of a tunnel excavation shall be made only in the presence
of the Borough official or an inspector designated by him, and shall
be done only in a method approved by him.
6.
No blasting shall be allowed, nor explosive material permitted, in
any excavation without prior approval by the Borough official and
the Fire Marshal. Permission to blast or use explosives shall require
a separate application and said operation shall meet all requirements
of the current Borough fire prevention ordinance and shall be under
the supervision of the Fire Marshal.
7.
During the making of any excavation in the right-of-way, every necessary
and reasonable precaution shall be taken by the applicant and the
parties making the same to keep the street in safe and passable condition
both day and night by guards, barriers, lanterns, and other devices,
and all excavating permits granted hereunder are granted under and
subject to the express condition that the person to whom the same
is issued shall indemnify, save; defend and keep harmless the Borough
from any loss in damages, or otherwise whatsoever, which may or shall
be occasioned at any time by the said excavation, or by any leak,
explosion, or other injury from any pipe apparatus, conduit or any
other matter placed in the said excavation.
8.
All openings or excavations in any right-of-way shall be backfilled
promptly with modified 2A stones and thoroughly compacted in layers,
each of which layers shall not exceed eight inches in depth. All surplus
soil and debris shall be removed from the job site.
9.
The permit holder shall notify the Borough official when the opening
or excavation is ready for backfilling before any backfilling is done,
when backfilling work is completed, when the temporary paving has
been installed and when the right-of-way has been permanently restored
so that inspection may be made.
10.
In any street or sidewalk opening, a temporary paving of cold patch
premix, thoroughly bound and compacted, shall be installed flush with
the surface of the adjoining paving and maintained for a period not
to exceed 90 days, except that the period may be extended if weather
conditions prevent completion of permanent restoration.
[Ord. 785, 6/1/1987, § 8]
1.
All streets and highways within the Borough that are designated as
state roads, and Warminster Road are hereby designated to be preferential
streets.
2.
Permit holders for work on preferential streets shall be required
to work on any project that causes interference with normal vehicular
traffic flow for a minimum of 16 hours a day until the project is
completed.
[Ord. 785, 6/1/1987, § 9]
1.
Any person who shall open or excavate any right-of-way in the Borough
shall thoroughly and completely refill the opening or excavation in
such a manner as to prevent any settling thereafter, and shall restore
the surface in accordance with the provisions of this Part and with
the specifications of PennDOT which are hereby adopted as specifications
of the Borough.
2.
The permit holder shall complete permanent restoration of any opening
or excavation in the right-of-way within three months after the backfill
and temporary paving has been made. Final restoration requirements
shall be as follows.
A.
Final restoration of concrete based streets shall be made with concrete
to current PennDOT specifications. Minimum size of restored surface
shall be 16 square feet.
B.
Final restoration of all other streets shall be four inches of BC.
BC base (no concrete unless required by PennDOT) with a top layer
of at least 1 1/2 inches of ID top. All BC and ID top is to overlap
the undisturbed paving on either side of the excavation a minimum
of 12 inches. Said joint to be sealed with hot liquid asphalt.
C.
Final restoration of sidewalks, driveway aprons and curbs shall be in accordance with current Borough standards as set forth in the Borough Sidewalk and Curb Ordinance [Part 1]. All sidewalks, driveway aprons and curbs must be restored in complete sections and to a line and grade of existing adjoining sidewalks and curbs.
D.
Final restoration of any other portion of a right-of-way, either
paved or unpaved, shall be in accordance with the directions of the
Borough official.
3.
If a depression occurs within three months after final restoration,
the permit holder shall be required to rebreak the surface, apply
and compact additional material as required to bring the depression
to the proper grade, and then to repave, or finish as required by
this Part.
4.
If within two years after the final restoration of the surface as
herein provided, defects shall appear therein resulting from defective
backfilling or restoration work by the permit holder, the permit holder
shall be responsible for restoration to the condition required by
this Part.
[Ord. 785, 6/1/1987, § 10]
1.
All work in connection with openings or excavations in any right-of-way,
including protection, refilling, and temporary paving, shall be done
by or for the person to whom the permit has been issued at his expense,
and all such work shall be subject to the provisions of this Part
and to the supervision and approval of the Borough official. Such
supervision and control shall not in any way impose liability upon
the said Borough, nor relieve the person holding the permit from liability.
2.
In the event that any work performed by or for a permit holder shall,
in the opinion of the Borough official, 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
official, the Borough may proceed to correct such unsatisfactory work
or complete any such work not completed, and charge the cost thereof,
plus 20% to the permit holder.
3.
No company, corporation, or association shall open or excavate in
any right-of-way without first giving to the Borough a bond with some
acceptable trust or surety company as surety in the sum of $10,000,
conditioned for the faithful performance of these provisions and also
for any and all damages, claims, demands, suits, costs, and counsel
fees occasioned or arising from the digging upon, opening or closing
of right-of-way.
4.
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 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 by an action in assumpsit
or in the manner provided by law for the collection of municipal claims.
[Ord. 785, 6/1/1987, § 11]
1.
In the case of any leak, explosion, or other accident in any subsurface
pipe line, construction, or apparatus, in 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 Part 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 official, 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 20% to such owner or person.
2.
The permission herein granted does not confer upon the permittee
or its contractors the right to cut, remove or destroy trees or shrubbery
within the legal right-of-way except under specifications, regulations,
and conditions as the Borough may prescribe.
3.
No new water, sewer, steam or gas main, or electric, telephone, or
other utility line shall hereafter be laid or constructed, and no
such existing main or line shall be extended, in any right-of-way
of the Borough until the plan therefor shall have been first filed
with the Borough Secretary, and such plan shall be first approved
by the Borough Council. The location of any such main or line shall
be at a depth of no less than 30 inches from the surface unless the
locating of the main or lines at a depth of more than 30 inches from
the surface is impossible or impractical.
[Ord. 785, 6/1/1987, § 12; as amended by Ord. 820,
12/18/1989, § 12; and by Ord. 907, 9/23/1996, § 21-212]
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 $1,000 plus costs and, in default of payment
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.
