[Adopted 8-13-1962]
[Amended 2-11-1976 by Ord. No. 76-13]
The following words and phrases when used in this article shall, for the purpose of this article, have the following meanings, respectively, except in those instances where the context clearly indicates a different meaning:
ENGINEER
The Borough Engineer of the Borough of Chambersburg or, in his absence, the Assistant Borough Engineer.
PERMITTEE
Any person to whom a permit may be issued under the terms of this article.
PERSON
Any individual, partnership, firm or corporation.
STREET
The cartway of any public street or alley of the Borough of Chambersburg.
[Amended 2-11-1976 by Ord. No. 76-13]
It shall be unlawful for any person to make any opening or excavation in any street of the Borough of Chambersburg unless and until a permit therefor has been issued as hereinafter provided.
[Amended 2-11-1976 by Ord. No. 76-13]
Any person wishing to make any opening or excavation in any street of the Borough shall, not less than 10 days in advance of the time such work is to be done, submit an application for a permit to do such work. Such application shall be submitted on forms prepared for such purpose and available at the office of the Borough Engineer. Such application shall include all facts and data called for upon said form, shall be accompanied by all required sketches and shall be signed by a responsible official of the organization desiring such permit. In all cases the application shall be submitted in the name of the person making and/or legally responsible for the opening or excavation. A separate application for a permit and a separate sketch shall be submitted for each separate undertaking. The sketch shall be drawn to a suitable scale and sufficiently detailed to show clearly the location and extent of the proposed work and the physical features of the area within which the work is to be done and all subsurface facilities within the work area. Such sketch shall be signed by the person submitting the application. In the event of emergency, the Borough Engineer may, in his discretion, waive the ten-day advance period for the submission of an application.
[Amended 1-27-1982 by Ord. No. 82-1; 3-14-1990 by Ord. No. 90-2]
A. 
Prior to the issuance of a permit, the Borough shall require submission of a certificate or other evidence of an insurance company certifying that the permittee has comprehensive general liability and automobile insurance.
[Amended 3-24-2014 by Ord. No. 2014-02[1]]
[1]
Editor's Note: Said ordinance also amended the title of this section to "Insurance required."
B. 
The general liability insurance shall be written on a comprehensive form, including explosion coverage (if any blasting is to be involved), the collapse hazard and the underground hazard, completed operations and independent contractors' coverage. Less comprehensive coverage may be required at the option of the Borough Engineer. The policy limits for such general liability insurance shall be not less than $1,000,000 comprehensive general liability, combined single limit. The automobile liability insurance shall be written on a comprehensive form with the policy limits to be not less than $500,000 combined single limit.
C. 
The aforesaid insurance policies for general liability and automobile liability are to protect the Borough and others against damage or claims arising out of the work, and the certificate of insurance shall provide that the policy shall be in force at the time of the application and cannot be canceled without 30 days' prior notice to the Borough. Said bond and insurance certificate need not be submitted until the Borough Engineer has indicated a permit may be issued, but no permit shall be issued until said bond and certificate are submitted.
The permittee shall be fully responsible for all damage to the Borough streets and/or to subsurface facilities or overhead wires within the work area and shall be responsible for any consequential damage which may be incurred by the Borough and any other person as a result of the work covered by the permit or related work. The issuance of a permit for such work by the Borough, or the furnishing of any information, drawings or other data showing or purporting to show the location of subsurface structures or other facilities, or the failure by the Borough to provide such information, shall not relieve the permittee from liability to the Borough or any other person who may suffer injury or damage as a result of the work covered by such permit, and the Borough shall not be responsible for the accuracy of any such information nor shall it be liable for any damage resulting from erroneous information supplied by it.
The permittee shall be responsible for the safety of pedestrians and vehicular traffic during the course of his work and shall provide suitable barricades and warning lights and shall at all times maintain the flow of traffic upon the street within which the excavation is made, unless specific authority to close the street is obtained from the Chief of Police of the Borough of Chambersburg with the concurrence of the Borough Engineer. Watchmen shall be provided and kept on duty whenever necessary to maintain the proper flow of vehicular traffic or otherwise as required by the Engineer.
[Amended 2-11-1976 by Ord. No. 76-13]
The Borough Engineer shall issue permits under the conditions set forth in this article, and he shall have the right to refuse to issue such permit whenever in his judgment such opening or excavation would be hazardous or otherwise undesirable under the circumstances which exist for the particular conditions for which the permit has been requested.
The terms of this article shall not apply to work done by the Borough of Chambersburg or by others for its account.
[Amended 2-11-1976 by Ord. No. 76-13]
Any person who shall violate any provision of this article, or aiding, abetting or assisting in the violation of any provision of this article, shall, upon conviction thereof, be sentenced to pay a fine of not more than $300 and costs of prosecution and, in default of payment of such fine and costs, to imprisonment for not more than 30 days.
[Added 2-11-1976 by Ord. No. 76-13]
If any work of filling any excavation or replacing the street surface shall not be done on or before the date of expiration of the permit therefor, or if any part of such work shall be unskillfully or improperly done, the Borough may cause the work to be done in such manner as it shall deem proper, and the expense thereof, including any overhead expense, and an additional amount of 10% shall be charged against and collected by the Borough from such permit holder in the manner prescribed by law.