Borough of Baldwin, PA
Allegheny County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Borough Council of the Borough of Baldwin as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Sewers — See Ch. 134.
Street openings and excavations — See Ch. 139, Art. I.
[Adopted 9-19-1957 by Ord. No. 136]

§ 112-1 Permit required.

Any person, firm or corporation desiring to alter and grade any property in such a way as to affect the elevation of any manhole located in a publicly dedicated easement in the Borough of Baldwin or affect any such manhole in any respect shall, prior to such action, make application to the Borough Council in writing for a permit to perform the work which may affect the elevation of any such manhole or affect any such manhole in any other manner. The said written application shall indicate thereon the name of the street, highway or road and the place at which the digging or opening will take place or the location and type of work about to be performed which may so affect any such manhole.

§ 112-2 Permit fee; issuance of permit.

Upon payment of a fee of $5 by the applicant for the said permit, the Borough Council, if it shall find that the terms of this article have been complied with, may issue said permit to the applicant, which permit shall indicate thereon the name of the street, highway or road and the place at which the digging or opening will take place or the location and type of work about to be performed which may so affect any such manhole.

§ 112-3 Conduct of work; restoration.

Any person, firm or corporation receiving a permit for the altering of any grade of any property which may affect the elevation of any manhole located in a publicly dedicated easement in the Borough of Baldwin or affect any such manhole in any other way shall take proper precautions for the proper elevation and construction of any such manhole so that the manhole is raised or lowered to accord with the altered grade, all at the expense of the person, firm or corporation doing the work. Such person, firm or corporation shall restore the surface of any publicly dedicated easement to a condition substantially the same as it was before the surface was disturbed in order to change the elevation of or otherwise alter any manhole located therein.

§ 112-4 Bond or cash deposit required.

Any person, firm or corporation, prior to the issuance of any permit provided for in this article, shall deposit with the Borough Secretary a bond in proper form approved by the Borough Solicitor in a sum of not less than $1,000 conditioned for the faithful compliance with the terms of this article. In lieu of the said bond, said person, firm or corporation may, on approval of the Borough Secretary, deposit cash in the amount of $100 as security for the compliance with the terms of this article.

§ 112-5 Failure to comply; work by Borough.

Should any person, firm or corporation, after having altered the surface of any property so as to interfere with the elevation or otherwise affect any manhole located in a publicly dedicated easement of said Borough, fail, neglect or refuse to comply with the terms of this article or the instructions or directions of the Borough Council or Building Inspector pertaining to the said work, the proper Borough officials shall proceed to have the street, road or easement placed in proper condition at the cost of the person, firm or corporation to whom the permit was issued, said cost to be deducted from the cash deposited aforesaid or, in the event of a bond, the cost is to be billed to the person, firm or corporation. Under failure to pay, the Solicitor shall be authorized and directed to proceed on the bond for the collection of any amount due.

§ 112-6 Violations and penalties.

[Amended 12-19-1985 by Ord. No. 566]
Any person, firm or corporation who shall violate any of the provisions of this article shall, upon conviction thereof, be sentenced to pay a fine of not less than $300 and the costs of prosecution or be imprisoned for up to 30 days.
[Adopted 4-17-1961 by Ord. No. 220]

§ 112-7 Definitions.

When the following words or phrases are used in this article, the following definitions shall apply:
ENTERING MANHOLE
The act of removal of a manhole cover and entrance into the manhole for any reason.
MANHOLE
An underground cavity containing public utility facilities with access to same accomplished by the removal of a manhole cover at the street, sidewalk or street level.

§ 112-8 Required precautions.

No person, firm or corporation, nor any employee thereof, shall remove or cause to be removed or ordered to be removed a manhole cover and enter or cause to be entered or order another person to enter such manhole within the Borough of Baldwin for any purpose without requiring another person to stand guard in the immediate vicinity of said manhole.

§ 112-9 Violations and penalties.

[Amended 12-19-1985 by Ord. No. 566]
Any person, firm or corporation, or any employee thereof, who violates the provisions of this article shall be liable, upon conviction thereof, to a fine or penalty not exceeding $300 plus costs of prosecution or to imprisonment for up to 30 days for each offense.