[Adopted 12-6-1982 by Ord. No. A-822 as Ch. 21, Part 1,
of the 1982 Code]
[Amended 3-2-1987 by Ord. No. A-853]
As used in this article, the following terms
shall have the meanings indicated:
Includes any natural person, partnership, association, firm
or corporation.
The entire portion of the public right-of-way or any public
street, avenue, road, square, alley, highway, or other public place
located in the Borough of Kane and established for the use of vehicles
and the traveling public, including, in any areas where the sidewalk
may exist, that portion of the public right-of-way extending from
the middle of any such street, but shall not include any state highway
or continuation thereof, for so long as permits for openings in such
state highways shall remain under the jurisdiction and control of
the State Department of Transportation.
[Amended 3-2-1987 by Ord. No. A-853]
It shall be unlawful for any person to make
any openings or excavation in or under any street in the Borough of
Kane without first having obtained a permit therefor from the Borough
Manager, for each separate undertaking, such permit and application
therefor to be in the form prepared by the Borough Manager, and containing
a statement that the applicant agrees to the terms of this article.
[Amended 6-4-1984; 3-2-1987 by Ord. No. A-853]
The application for the permit and every such
permit shall state the location and extent of the proposed opening,
the purpose thereof, and an estimate of the date and time by which
it is anticipated that the excavation or opening will be filled. The
application shall also state whether the proposed opening or excavation
will disturb the paved or improved portion of any street, or the curb
or shoulder thereof. A permit fee of $35 will be charged for each
opening or excavation that will so disturb the paved or improved portion
of any street, or the curb or shoulder thereof; otherwise, the permit
fee shall be $10 per opening. It shall be a violation of this article
for any person to make any opening or excavation otherwise than as
authorized pursuant to any permit issued hereunder; provided, however,
that in the event of an emergency involving leaks, breaks, or other
conditions necessitating immediate repair for the protection of the
public health and safety, necessary openings or excavations may be
made without permit, so long as an application therefor is submitted
the next working day; provided, further, that in the event that the
holder of any permit issued hereunder shall be unable, as a result
of unforeseen or unanticipated conditions beyond the control of such
holder, to fill the opening or excavation within the time period stated
in the permit or any extension thereof, the Borough Manager shall
have authority, upon application by the permit holder, to extend the
permit for such period of time as may be reasonably necessary in light
of the conditions or circumstances necessitating such applications.
Any such application for extension shall be accompanied by an additional
fee of $1, and shall contain all of the information required in connection
with the original application, and in addition thereto, shall state
the reason or reasons why the opening or excavation was not able to
be filled within the period of time granted under the original permit.
As a condition of the issuance of any permit hereunder, the applicant
shall agree in writing to assume any and all liability which may arise
in connection with personal injuries and/or property damage sustained
by any person as a result of any street opening or excavation, and
to indemnify and hold harmless the Borough of Kane, its officers,
agents, servants and employees with respect to any such liability
and any costs, including attorneys fees, reasonably incurred in connection
with the defense of any claim or suit brought on account of any such
opening or excavation.
It shall be the duty and responsibility of the
holder of every permit under this article to provide and maintain
proper and adequate guards, barriers, warning lights and warning signs
to prevent accidents, and such permit holder shall assume all risks
and be liable for all damages by reason of the opening or excavation
and by reason of any failure to refill the opening; and to prepare
the same for resurfacing.
[Amended 6-4-1984; 3-2-1987 by Ord. No. A-853]
A.
It shall be the duty of every holder of a permit under
this article to refill the opening or excavation thoroughly and completely
with either number 2RC aggregate or retain suitable material (such
retained suitable material shall not include broken blacktop, brick,
rubber, muck or dirt). Tamping and compaction shall be done throughout
its full width in layers not to exceed four inches, and tamping shall
he done with a machine tamper (motor driven) and not hand tamped.
Opening will be over cut by 12 inches in each direction. A concrete
patch will be placed over the entire excavation and will be concrete
filled to a depth of eight inches. A plastic cover will be done two
inches from the top to be removed when bituminous patch is made. All
openings shall have premix bituminous patch material placed in the
remaining two inches of the opening within 24 hours of excavation.
The premix bituminous patch material shall be maintained for the entire
life of the opening until permanent restoration is made. Temporary
restoration shall be made and kept in place for a minimum of 90 days
and shall be checked every 10 days. If settling should occur between
the ten-day period, the holder of the permit must refill at the request
of the Borough Manager. Any test hole or holes drilled by any permit
holder shall be plugged to the depth of the hole with asphaltic plug
material meeting the approval of the Borough Manager, or his designee,
immediately after completion of any necessary testing.
[Amended 9-8-1997 by Ord. No. A-926; 7-12-2004 by Ord. No. A-967]
B.
Notwithstanding any other provision contained in this
article, it shall be the duty and responsibility of any permittee
to resurface the portion of the street disturbed by any opening or
excavation with a permanent base course (2.5 inches of 19 mm binder)
and wearing course (1.5 inches of 9.5 mm wearing course), and all
openings shall be sealed with AC-10 or AC-20 sealant. Any such opening
or excavation shall be so resurfaced as soon as practicable following
initiation of the work, but in any event, with respect to any opening
or excavation made between October 1 and May 31, inclusive, no later
than June 30, and with respect to any opening or excavation made between
June 1 and September 30, inclusive, no later than October 15.
[Amended 9-8-1997 by Ord. No. A-926; 7-10-2019 by Ord. No. A-1051]
C.
Repairing of sidewalks, seeded and replanting of grass,
shrubs, trees, etc., will be the duty of the permit holder.
D.
The holder of any permit issued hereunder shall be fully responsible for any and all necessary repairs for any resurfacing work performed hereunder for a period of two years from the date of completion thereof. The date of completion shall be deemed to be the earlier of the date of final inspection and written approval by the Borough Manager or his designee, or 10 days after receipt by the borough of written notice from the permittee that permanent resurfacing required hereunder has been completed and is ready for inspection, if no notice of disapproval has been mailed within such time. If is determined by the borough at any time within two years from the date of completion that a condition or conditions exist which indicate a failure of the restored area, the permittee shall be given notice, in writing, of the existence of the condition, and the permittee shall make such repairs as may be necessary. If the permittee shall for any reason fail or refuse to make such repairs within a reasonable time after receipt of notice of the necessity therefor, as determined by the Borough Manager, the borough shall have the option of proceeding in accordance with § 221-6 hereunder.
If any work of opening, excavating, refilling
and preparing for grass, shrubs, trees, etc., shall not be done promptly,
or shall be unskillfully or improperly or incompletely done, the Borough
Manager shall have the authority to cause the same to be done in the
manner he deems proper, and the expense thereof, including any overhead
expense, shall be charged to the permit holder, together with an additional
amount of 10%.
Any person who shall violate any provisions
of this article shall, for each and every violation, upon conviction
thereof, be sentenced to pay a fine of not more than $300 and costs
of prosecution, or to imprisonment of not more than 30 days. Each
day's violation of any provision of this article shall constitute
a separate violation.
