Permits shall be issued under the authority of the Superintendent
of Public Works and in accordance with the provisions of this section
and the regulations which the Superintendent may establish. The Superintendent
shall determine the initial time limit during which the permit shall
be valid.
No permit shall be issued until the applicant has furnished
the Superintendent with satisfactory proof that applicant is insured
against injury to persons and damage to property caused by any act
or omission of the applicant or his agents, employees or subcontractors
done in the course of the work to be performed under the permit. The
insurance shall cover all hazards likely to arise in connection with
the work, including but not limited to collapse and explosion, and
shall also insure against liability arising from completed operations.
The insurance shall be in the occurrence form and the limits of the
policy shall be at least $1,000,000 combined single limit, naming
the Borough as an additional insured, subject to modification by regulation
promulgated by the Superintendent of Public Works in consultation
with the Borough's insurance carrier in response to market conditions.
The Superintendent may waive the requirements of this subsection in
the case of public utilities upon the presentation of satisfactory
proof that the utility is capable of meeting claims against it up
to the amount of the limits of the insurance policy which would otherwise
be required.
All permits issued under this section shall be subject to the
following rules and regulations:
A. All excavations shall be kept properly barricaded at all times and
during the hours of darkness shall be provided with proper warning
lights. The regulation shall not excuse the permittee from taking
any other precaution reasonably necessary for the protection of persons
or property.
B. All work shall be done in such a manner as to cause a minimum of
interference with travel on the street affected. No street shall be
closed to traffic unless the closing is approved by the Director of
Public Safety. The Police Department shall be informed of all street
closings at least 24 hours in advance, except where the work is of
an emergency nature, when notice shall be given to the Police Department
when work commences. If for any reason the Police Department is required
for safety purposes, the applicant will incur the cost of such services.
C. The permittee shall have personnel on the job site who have personal
knowledge of the location of valves controlling the water system in
the area of their work and have proper wrenches on the job site to
operate the valves in the case of emergency.
D. All gutters and drainage ways shall be kept open by temporary pipes,
pumping or other appropriate means to avoid flooding or blocking of
surface water. Trained workers shall be assigned to assure uninterrupted
and adequate plumbing.
E. The Superintendent may extend the time limit during which the permit
shall, upon application by the permittee, be valid.
F. All refuse and material shall be removed within 48 hours.
G. All excavations shall be completely backfilled by the permittee and
shall be compacted by tamping or other suitable means in a manner
prescribed by the Superintendent. Where the Superintendent determines
that the excavated material is unsuitable for backfill, the permittee
shall backfill the excavation with quarry blend stone or other suitable
material, which shall be placed in layers not exceeding six inches
in depth and thoroughly compacted in the manner prescribed by the
Superintendent. Upon completion of the work, the permittee shall remove
any excess material and leave the premises in a clean condition. If
the Superintendent determines that any backfilled excavation has settled
or caved in, he shall so notify the permittee, who shall promptly
continue backfilling until the Superintendent determines that settlement
is complete.
H. If tunneling operations are required, the tunnel shall be backfilled
with rammed concrete composed of one part cement to 10 parts sand.
I. If blasting is required to be done in the course of any excavation,
it shall be done in strict compliance with all applicable state laws
and regulations.
J. The work is not completed within the time specified in the permit
or any extension granted by the Superintendent or is not performed
in accordance with the regulations set forth in this article and any
other regulations that may be established by the Superintendent of
Public Works, then the Superintendent may complete the work himself
or herself and restore the surface of the street. The cost of completing
the work and restoring the street shall be charged to the permittee
and may be deducted from the permittee's deposit or recovered
by an action in any court of competent jurisdiction.
K. The provisions of this article and the rules and regulations promulgated
pursuant to this ordinance shall be binding on the permittee and have
the same effect as if fully set forth in the permit.
L. The penalty for violations of this article shall be a fine not exceeding
$1,000, imprisonment for a term not exceeding 90 days or a period
of community service not exceeding 90 days, or any combination thereof
In all cases, the permittee shall restore the surface of the
street in accordance with the following rules, regulations and requirements:
A. No permittee shall commence the restoration of any street foundation
or surface until the Superintendent has determined that settlement
of the subsurface is complete and the area is properly prepared for
restoration.
B. The street surface shall be restored so as to extend six inches beyond
the excavation on all sides.
C. The street surface and foundation shall be restored to the satisfaction
of the Superintendent of Public Works.
No excavation shall be allowed or permit issued when a street
has been paved within the previous five years unless:
A. The applicant or public utility can clearly demonstrate to the Superintendent
of Public Works that an emergency condition exists which makes it
essential that the excavation take place; or
B. The excavation is necessary to provide utilities to a newly constructed
house or building; or
C. In the
judgment of the Borough Council, the applicant can clearly demonstrate
that the public health or safety requires that the proposed work be
permitted.