[Added by Ord. No. 2017-5, 12/5/2017]
A. The following words, when used in this chapter, shall have the meanings
hereby respectively ascribed thereto, except where the context clearly
indicates otherwise:
PERSON
Any natural person, partnership, association, firm, or corporation.
STREET
Any public street, avenue, road, square, alley, highway or
other public place located in the Borough and established for the
use of vehicles.
B. In this part, the singular shall include the plural, the plural shall
include the singular and the masculine shall include the feminine
and the neuter.
[Added by Ord. No. 2017-5, 12/5/2017]
1. No person shall make any opening or excavation in any street or alley in the Borough of Jonestown without first having obtained a permit and paid the fee therefor as required by the applicable ordinance of the Borough [Part
3 of this chapter].
A. Emergency Openings. In the case of any leak, explosion, or other
accident in any subsurface pipe, line, construction or apparatus,
it shall be lawful for the person owning or responsible for such pipe,
line, construction or apparatus to commence an opening or 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
shall be fully complied with. If any such emergency condition shall
not be attended to immediately by the owner or person responsible
for such pipe, line, construction or apparatus, the Borough Engineer
or his designee, 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 the Borough shall
charge the same on the basis of the cost, plus 10% additional, to
such owner or person.
[Added by Ord. No. 2017-5, 12/5/2017]
Any person who shall desire to make any opening or excavation
in any street in the Borough of Jonestown shall first make application
to the Borough in writing for the purpose. Such application shall
be made upon blanks to be furnished by the Borough and shall set forth
the name of the applicant, the exact location of the proposed opening
or excavation, and the approximate size and depth thereof and shall
contain 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 excavation,
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.
[Added by Ord. No. 2017-5, 12/5/2017]
Before any permit shall be issued to open or excavate any street
in the Borough, the applicant shall pay to the Borough Secretary a
permit fee, as established and set forth in a resolution adopted by
Borough Council, to cover the initial cost of inspection and other
incidental services in connection therewith. The Borough shall have
the right in its discretion to waive fees for contractors performing
work under contract with the Borough. In addition to the permit fee,
the applicant shall provide the Borough with an escrow deposit, bond
or other satisfactory surety as set forth in § 308 of this
part.
[Added by Ord. No. 2017-5, 12/5/2017]
In the case of the opening or excavation of any street or alley,
the person responsible for the said opening or excavation shall be
required to refill such opening according to the Borough specifications
and prepare the same for resurfacing and shall post security in such
amount as determined by the Borough for completion of the work. The
Borough shall have the election of requiring the person to resurface
the same or the Borough may elect to do the same itself. In the event
that the Borough does resurface the street or alley, the cost thereof
shall be paid by the person who opened or excavated the street or
alley. All work performed by any person under the provisions of the
within part shall be done according to the Borough specifications
and shall be done in accordance with the requirements specified by
the Borough Engineer.
[Added by Ord. No. 2017-5, 12/5/2017]
1. No opening or excavation in any street shall extend from the curbline
into the roadway 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 500 feet longitudinally shall be opened in any street
at any one time.
3. The work of excavation shall be so conducted as not to interfere
with any water main, sewer, sewer connection, or any other subsurface
line or construction until permission of the proper authorities in
connection with such subsurface lines or constructions shall have
been obtained.
4. No tunneling shall be allowed without the express approval of the
Borough Engineer and permission therefor endorsed upon the permit.
The backfilling of a tunnel excavation shall be made only in the presence
of the Borough Engineer or an inspector designated by him and shall
be done only in a method approved by him.
5. All openings and excavations shall be backfilled promptly with suitable
materials and thoroughly compacted in layers, each of which shall
not exceed six inches in depth. On improved streets, the backfilling
shall be placed to within 10 inches of the surface.
6. On improved streets, a temporary paving of suitable stony materials,
thoroughly bound and compacted, shall be installed flush with the
surface of the adjoining paving.
7. During the making of any opening or excavation in any street, every
necessary and reasonable precaution shall be taken by the applicant
and the parties making the same to keep the street in a safe and passable
condition, both day and night, by guards, barriers, lanterns and other
devices, and all permits issued under this part are granted under
and subject to the express condition that the person to whom the same
is issued shall indemnify, save and keep harmless the Borough from
any loss or damages, or otherwise whatsoever, that 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 opening or excavation.
8. The applicant shall notify the Borough Engineer or the other person
designated by the Borough Council as supervisor of the said work when
the opening or excavation is ready for backfilling, before backfilling
in the case of any unimproved street and for temporary paving in the
case of any improved street.
9. In the event that any work performed by or for a permit holder shall,
in the opinion of the Borough Engineer or the other person designated
by the Borough Council as supervisor, 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 shall not be completed within the time fixed by
the Borough Secretary and specified on the permit, the Borough may
proceed to correct such unsatisfactory work or to complete such work
not completed and shall charge the cost thereof, plus 10%, to the
applicant.
[Added by Ord. No. 2017-5, 12/5/2017]
Any person who opens or excavates any street or alley and resurfaces
the same in accordance with the provisions of the within part shall
be responsible for the continued maintenance of such restored surface
for a period of two years after completion of such restoration and
shall post such security as determined by the Borough.
[Added by Ord. No. 2017-5, 12/5/2017]
1. All work in connection with opening any street, including excavation,
protection and refilling, shall be done by the applicant at his expense,
and all such work shall be subject to the provisions of this part
and to the supervision of the Borough Engineer or any other person
designated by the Borough Council.
2. All persons, including contractors performing work for public authorities,
desiring to open a street shall furnish a properly executed corporate
surety bond. The bond shall be executed by a reputable surety company
licensed to do business in the Commonwealth of Pennsylvania. All bonds
secured by contractors performing work under contract with public
authorities must be countersigned by the director or chairman of the
authority. Any person may, upon petition to Borough Council, request
that a deposit or irrevocable letter of credit be established in lieu
of a bond, with the same terms for bonds set forth in this part, upon
approval by Council.
3. Said bond and escrow account or irrevocable letter of credit shall cover street opening work performed during the calendar year. The bond, escrow account or irrevocable letter of credit shall be in effect for two years after the restoration of the surface of the street in accordance with §
21-307 in order that the Borough may collect from the bond or other surety the cost of all necessary repairs to the permanent paving and any additional costs that the Borough may incur in accordance with the provisions of this part. The amount of the surety bonds shall be $1,000, unless any street excavation or restoration work for a single project exceeds the $1,000 figure. In such event, its applicant must secure additional bonding in an amount equal to the difference between the $1,000 figure and the dollar amount computed in accordance with the prevailing costs of construction, as determined from time to time by the Borough Engineer.
[Added by Ord. No. 2017-5, 12/5/2017]
All property owners, persons, firms or corporations, while engaged
either by themselves or by their contractors, in doing any work under
the provisions of this part, shall fully protect the work, openings
and excavations, if any, in, upon or about said work, and conduct
all activities in accordance all federal and state regulations.
[Added by Ord. No. 2017-5, 12/5/2017]
The Borough Secretary shall give timely notice to all persons
owning property abutting on any street in the Borough about to be
paved or improved and to all public utility companies operating in
the Borough, and such persons and utility companies shall make all
water, gas or sewer connections, as well as any repairs thereto, which
would necessitate opening or excavation of such street within 30 days
from the giving of such notice, unless the time shall be extended,
in writing, for cause shown by the Borough Engineer. New paving shall
not be opened 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 of such paving to be determined by the
Borough Engineer. If it is sought to open or excavate a street within
five years after the completion of the paving thereof for any reason
other than an emergency as above stated, the applicant shall make
application to the Borough Council, and a permit for such opening
shall be issued only after express approval of Council.
[Added by Ord. No. 2017-5, 12/5/2017]
Any person violating the provisions of this part shall be subject
to a fine not to exceed $1,000 together with costs of prosecution
and, in default of payment, undergo imprisonment of not more than
30 days. Each day of violation of this part shall be a separate violation.