[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:
The Borough Engineer of the Borough of Chambersburg or, in
his absence, the Assistant Borough Engineer.
Any person to whom a permit may be issued under the terms
of this article.
Any individual, partnership, firm or corporation.
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.
