[Adopted 8-13-2018 by Ord. No. 1373[1]]
[1]
Editor's Note: This ordinance also repealed former Art.
VIII, Street Excavations, adopted 10-2-2001 by Ord. No. 1126 (Ch.
XVI, Part 1B, of the 1962 Code), as amended.
The provisions of this article shall apply to all persons who excavate or perform work of any other nature in or on Borough streets, property or rights-of-way, all as defined or otherwise stated herein. This article shall not apply to sidewalks or curbs as otherwise addressed in Chapter 230 or to work performed pursuant to a recorded land development plan under Chapter 235.
A.
ACT
APPLICANT
BOROUGH
BOROUGH MANAGER
EXCAVATION
PENNDOT
PERMITTEE
PERSON
STANDARD CONSTRUCTION DOCUMENTS
STREET
TRAVEL LANE
The following words and terms, when used in this article, shall have
the meanings ascribed to them in this section, except in those instances
where the context clearly indicates otherwise:
The Underground Utility Line Protection Law, Act of December
10, 1974 (P.L. 852, No. 287),[1] as amended or supplemented from time to time.
Any person who submits, or is required by this article to
submit, an application for a permit to perform work falling within
the scope of this article. Applicants shall be limited to utility
owners, adjacent or abutting landowners and others granted approval
by the Borough, and with respect to all, their authorized agents,
except that in the case of an authorized agent, the principal shall
be a coapplicant and both the agent and principal shall be jointly
and severally liable under the permit.
The Borough of Catasauqua, Lehigh County, Commonwealth of
Pennsylvania.
The duly appointed manager of the Borough of Catasauqua or
his or her designee.
Any activity in the right-of-way of any Borough street or
other Borough property or right-of-way which involves cutting, breaking,
opening or disturbing the surface thereof.
The Pennsylvania Department of Transportation.
Any person issued a permit in accordance with the requirements
of this article. The permitte shall be issued in the name of the applicant(s).
Any individual, partnership, limited-liability partnership,
firm, company, limited-liability company, corporation, association,
joint-stock company, trust, estate or any other legal entity (whether
or not for profit or nonprofit) and, with respect to all of the foregoing,
its legal representatives, agents, officers or assigns.
The set of standard construction details and specifications
duly adopted by resolution of Council and including any amendments
thereto which are in force and effect at the time of application for
a permit or at the time of application for renewal of a permit. Every
permit issued in accordance with this article shall be deemed to include,
as a part thereof, the most recent version of the Standard Construction
Documents, as amended.
Any public street, avenue, road, square, alley, highway or
other public place located in the Borough of Catasauqua and established
for the use of vehicles. The term "street" shall not include state
highways.
The designated width of a street pavement to carry through
or turning traffic and to separate it from opposing traffic, traffic
in the same direction of flow but occupying other travel lanes, a
parking lane, or the shoulder. The travel lane may be designated by
pavement markings. If the travel lane is not designated on both sides
by pavement markings, the travel lane shall be 12 feet in width as
measured from an adjoining pavement marking or from the center line
of the road, or from the edge of another travel lane (should the road
contain more than two unmarked travel lanes).
[1]
Editor's Note: See 73 P.S. § 176 et seq.
B.
In this article, the singular shall include the plural, and the masculine
shall include the feminine and the neuter.
It shall be unlawful for any person to excavate or perform work
in or on a Borough street, Borough property or other Borough right-of-way
without first securing a permit in accordance with this article.
A.
Any person who shall desire to perform any excavation or work in
or on any Borough street, property or other right-of-way shall submit
a written application to the Borough Manager for that purpose. The
application shall be made on a form provided by the Borough and shall
set forth, among other things, the full name and address of the applicant;
the location, inclusive dates and purpose of the work; the length,
width, depth or other description of the excavation or the work and
a description of all measures to be taken to protect motorists, pedestrians
and others affected by the work. The applicant shall demonstrate to
the satisfaction of the Borough Manager that it will employ reasonable
measures to minimize adverse impacts of its work on Borough residents
and businesses.
B.
The application shall contain an agreement by the applicant that
the work shall be performed in compliance with all applicable laws,
regulations, ordinances, resolutions and the Standard Construction
Documents.
C.
The application shall contain an agreement by the applicant to indemnify,
defend and hold harmless the Borough, Borough Council and all of their
elected and appointed officials, agents, servants, consultants and
employees of and from all actions, suits, judgments, demands, payments,
claims, costs and charges, including reasonable court, attorney and
consultant fees, which, in whole or in part, arise out of relate to
the permit, the performance of the work under the permit or from any
other matter, cause or thing relating thereto.
D.
The form of the application shall be prepared by the Borough Manager,
and it may be revised from time to time by the Borough Manager to
require additional information which he shall deem appropriate. The
Borough Manager may impose reasonable conditions on the issuance of
a permit consistent with the purpose and intent of this article as
expressed herein and in the legislative findings.
E.
The Borough Manager may forward the submitted application to the
Borough Engineer or Solicitor for review and comment.
F.
The Borough Manager may reject an application which he determines
to be incomplete in any material respect.
A.
At the time of application and as a part thereof, the applicant shall
pay a permit fee in a minimum amount as shall be set from time to
time by resolution of Council (the "minimum fee"). The minimum fee
shall be in an amount deemed necessary to cover the cost of processing
and issuing the application.
B.
Where the work includes any longitudinal opening or excavation in
excess of 25 lineal feet, the applicant shall pay, in addition to
the minimum fee, an additional fee per foot as shall be set from time
to time by resolution of Council.
C.
Where the work does not involve excavation as described in Subsection B, above, but does involve occupancy of Borough property or right-of-way, in addition to the minimum fee, the applicant shall pay a fee as set from time to time by resolution of Council to occupy Borough property or right-of-way for such work.
D.
In addition to the fees set forth above, the applicant shall reimburse
to the Borough its actual cost incurred for observation and approval
of the work by the Borough Engineer. To meet its obligation hereunder,
the applicant shall establish and fund an escrow account in an amount
reasonably deemed necessary to reimburse the Borough. Upon payment
by the Borough to the Borough Engineer for services provided hereunder,
the Borough may draw an equivalent sum from the escrow account for
reimbursement. It shall be the obligation of the applicant to replenish
the fund when the funds drop to less than 25% of the initial amount.
In the event that the applicant disputes the reasonableness or necessity
or necessity of the Borough Engineer's invoice it shall do so
by filing a request for a hearing before Council pursuant to applicable
law. Excess funds in the account at the completion and approval of
the work shall be reimbursed to the applicant.
An excavation permit shall be issued only to an applicant, as
defined herein.
A permit issued hereunder shall contain, at a minimum, the information specified in § 230-30 and shall be accompanied by a fee calculated in accordance with § 230-31. An application not meeting the requirements of this article may be rejected at the discretion of the Borough Manager. If the application is disapproved, written notice thereof containing the reasons therefor shall be provided to the applicant.
The work authorized by the permit is subject to all the provisions
of the Act. It shall be the applicant's responsibility to contact
the utilities that have recorded their facilities in compliance with
said Act.
Any person who shall perform excavation activities in accordance
with a permit issued in accordance with this article shall refill
the opening or excavation in accordance with the Standard Construction
Documents, this article and the permit. All work shall be performed
in a good and workmanlike manner and free of defects and in such a
manner as to prevent any settling thereafter. Unless otherwise agreed,
in writing, by the Borough, all surfaces shall be restored in such
a manner as to conform to the proper grade and be of the same surface
material as that abutting the excavation. If within two years following
the date of approval of the restoration of the surface as herein provided
there shall occur defects in the workmanship, the Borough shall notify
the applicant, and the applicant shall repair the same. If the applicant
fails to commence the repair within 30 days of the date of the notice
of a defect, then the Borough may repair the same and charge and collect
all costs and fees incurred as a result thereof from the applicant.
All other work in connection with permits issued hereunder,
including excavation, fill, maintenance, protection of vehicular,
pedestrian and other forms of traffic, and temporary paving and other
work shall be performed by the applicant at his sole cost and expense
and in a good and workmanlike manner in accordance with the Standard
Construction Documents, the permit, this article and all other applicable
laws, regulations and ordinances. Such work shall be subject to the
review and approval of the designated Borough Manager, provided that
the Borough Manager, may, if deemed necessary to the proper and timely
performance of the work, require that excavation and backfilling be
performed by the Borough, in which event the applicant shall reimburse
to the Borough the actual cost of the work performed.
A.
No opening or excavation in any street shall extend from a travel
lane into an adjacent travel lane a distance greater than two feet
before the initial travel lane is refilled and its surface restored
to an acceptable temporary condition.
B.
No excavation more than 100 feet longitudinally shall be opened in
any street at any one time, and no extension thereof shall occur without
Borough approval of the preceding opening.
C.
The excavation shall be conducted so as not to damage, or interfere
with, water lines, sewer lines or any other lines or facilities (subsurface
or otherwise), or their connections to any structures, unless and
until permission of the owners or other proper authorities has been
obtained.
D.
No tunneling shall be permitted without the express permission of
the Borough Manager or his designee and as made a part of the permit.
Backfilling of a tunnel excavation shall be performed only in in a
method acceptable to the Borough and in the presence of the Borough
Manager or his/her designee.
E.
All openings or excavations shall be backfilled promptly with materials,
all in accordance with the Standard Construction Documents.
F.
Temporary pavement restoration shall conform to the Standard Construction
Documents and be maintained for a minimum period of 30 days following
final restoration. The Borough, in its sole discretion, may waive
the required thirty-day waiting period. After the required waiting
period or following a waiver thereof, permanent pavement restoration
shall be performed as specified herein.
G.
On concrete base streets, such base shall be replaced with concrete,
and the minimum size of the opening or excavation shall be 16 square
feet.
H.
Unless otherwise specified in the permit, all permanent paving restoration
shall be completed within 90 days of the issuance of the permit. Where
an excavation is made within a travel lane, the entire existing width
of the travel lane shall receive the mill and overlay as specified
in the Standard Construction Documents. Where an excavation is made
within 50 feet of any other opening or excavation within the travel
lane by the same, or substantially the same, person, then that person
shall perform additional mill and overlay for the full existing width
of the travel lane so as to include the entire longitudinal distance
between the outside limits of the openings or excavations.
I.
During the making of any excavation, every necessary and reasonable
precaution shall be taken by the applicant to keep the street or other
area(s) in a safe and passable condition both day and night through
the use of traffic control measures including where appropriate, flagmen,
guards, barriers, lanterns and other devices in accordance with the
Standard Construction Documents.
J.
The applicant shall notify the Borough Manager in advance of the
following work in sufficient time for the Borough to provide for the
presence of an on-site observer:
K.
With the consent of the Borough, a portion of the Borough street
or other property may be used for staging of equipment and materials
during the workday, provided that all materials and equipment must
be removed from the street right-of-way at the end of the day, unless
otherwise agreed to by the Borough Manager. Any areas within the street
right-of-way disturbed for the staging of equipment and/or material
shall be returned to its original condition no later than 30 days
following the date of final restoration.
L.
In the event that the Borough Manager shall determine, in his sole
opinion, that any work performed by or for an applicant is unsatisfactory
and the work is not timely and properly corrected in accordance with
the directives of the Borough Manager or his designee, or in the event
that the work for which the permit was granted is not completed within
the time fixed herein or as specified by the permit, the Borough shall
have the right but not the obligation to correct the work deemed unsatisfactory
or complete any such work not completed timely and charge to the applicant
the cost thereof, plus 20%.
M.
No work shall commence under a permit unless and until there has
occurred a preconstruction conference. The requirement of a preconstruction
conference may be waived by the Borough Manager in writing.
N.
The applicant shall employ reasonable measures to minimize the adverse
impacts of its work on Borough residents and businesses.
Where the Borough or a person owning, operating or controlling
any facility reasonably believes that there exists and emergency involving
that facility requiring immediate excavation, it shall be lawful for
that person to commence an excavation to remedy such condition before
securing a permit, provided that application for a permit shall be
made not later than the next business day following the emergency,
and that such person complies with all other requirements of this
article. Nothing contained herein shall preclude the Borough from
taking such measures as are deemed necessary to protect the public
health, safety and welfare as shall be deemed necessary by the Borough
Manager or his designee the circumstances of the particular case,
and the Borough may perform such work shall and charge the same on
the basis of cost plus 20% to such person.
Except as set forth in the permit, the applicant shall not remove
or destroy trees or shrubbery within the work area except as set forth
therein.
A.
Prior to the Borough undertaking the reconstruction and/or resurfacing
of any street or right-of-way, the Borough Manager shall give timely
notice to all persons owning property abutting on the street and to
all utility companies operating in the Borough, and all such persons
and utility companies shall perform all work which would involve the
excavation of the street(s). All such work shall be performed within
30 days from the date of the notice, unless such time is extended,
in writing, by the Borough Manager.
B.
Except in the case of an emergency as set forth in § 230-38, new paving performed by or on behalf of the Borough shall not be opened or excavated for a period of five years after the completion thereof. If for any reason other than an emergency a person seeks an application to excavate within a Borough street or right-of-way within the five-year period set forth above, the application shall be subject to the review and approval of the Borough Council who may place reasonable conditions on the approval thereof.
If following the completion of work by an applicant the Borough
street or right-of-way is widened or reconstructed or the alignment
or grades are changed, the applicant shall change or relocate all
or any part of the facilities or structures covered by the prior permit(s)
which interfere with the improvement(s). Such work shall be at the
applicant's sole cost and expense.
No new utility lines or facilities shall hereafter be laid or
constructed, and no such existing lines or facilities shall be extended
in any of the streets, rights-of-way or other properties of the Borough
until an application therefor shall have been first filed with the
Borough and a permit issued. The Borough Manager or his designee shall
not approve the locating of any such line or facility at a depth of
less than 30 inches from the surface of the street unless such depth
is determined to be impossible or impractical.
A.
No permit shall be issued unless and until the applicant shall have
posted a bond or other security in a form and amount satisfactory
to the Borough. The posted security shall secure the faithful performance
of the work by the applicant and shall be in amount representing the
cost to the applicant to perform the work.
B.
No permit shall be issued unless and until an applicant provides
proof of insurance on an occurrence basis as follows:
C.
The applicant shall name the Borough and all of its councils, committees
and commissions, and with respect to all, their elected and appointed
officials, consultants and employees, as additional insureds for all
claims which in whole or in part arise out of or relate to the permit
or the performance of the work under the permit. The additional insurance
shall be primary over all other applicable policies of insurance maintained
by the additional insureds.
D.
Upon completion of the project, and as a condition of closing out
the permit, the applicant shall post a maintenance bond in the amount
of 15% of the actual cost of the work performed in a Borough street,
right-of-way or other Borough property. The maintenance bond shall
secure for a period of 18 months the applicant's correction of
any work or materials deemed defective or otherwise in violation of
the permit as determined by the Borough Manager.
E.
The bond and insurance requirements of this section may be waived
in whole or in part by Borough Council at the request of an applicant.
Payment for work performed by the Borough under the provisions
of this article shall be made by the applicant within 30 days of the
date of the bill issued for such work. Upon failure to pay or timely
pay the amount due, the same shall by collectible by the Borough by
an action in assumpsit or in the manner provided by law for the collection
of municipal claims. Unpaid amounts will carry interest from the date
payment is due at the rate of 1.5% per month, not to exceed 18% per
annum. In an action brought to collect sums due and owing under this
article, the Borough shall be entitled to recover all costs and reasonable
attorney and consultant fees.
Any person, firm or corporation who shall violate any provision
of this article shall, upon conviction thereof in a summary criminal
proceeding, be sentenced to pay a fine of not more than $1,000 and/or
to imprisonment for a term not to exceed 90 days. Every day that a
violation of this article continues shall constitute a separate offense.
In an action brought under this section, the Borough shall be entitled
to recover all costs and reasonable attorney and consultant fees as
matters of restitution.
