[Adopted 9-5-1995 by Ord. No. 4-95]
A.
EXCAVATION
STREET
PERSON
BOROUGH
The following words, 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:
Any activity within the right-of-way of any street, alley or cartway
which involves cutting, breaking or disturbing the surface thereof. In this
article, the term "opening" shall have essentially the same meaning as excavation.
Any public street, avenue, road, square, alley, highway or other
public place located in the Borough of East Greenville and established for
the use of vehicles, but shall not include state highways.
Any natural person, partnership, firm, association, corporation or
municipal authority.
The Borough of East Greenville, Montgomery County, Pennsylvania.
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 open or to make any excavation
of any kind in any of the streets in the borough without first securing a
permit therefor, as hereinafter provided.
Any person who shall desire to make any opening or excavation in any
of the streets in the borough shall make application to the Borough Secretary
or in the absence thereof to such other person as designated by the Borough
Council, pursuant to a resolution in writing for that purpose. Such application
shall be made upon forms to be furnished by the borough and shall set forth
the name of the applicant, the exact location of the proposed opening or excavation
and the approximate size and depth thereof and shall contain an agreement
on the part of the applicant that the work shall be done in full compliance
with the ordinances of the borough and the laws of the commonwealth in relation
thereto and that the applicant shall well and truly save, defend and keep
harmless the borough from and indemnify it against any and all actions, suits,
demands, payments, costs and charges for or by reason of the proposed opening
or excavation and all damages to persons or property resulting in any manner
therefrom or occurring in the prosecution of the work connected therewith
or from any other matter, cause or thing relating thereto.
Before any permit shall be issued to open or excavate any street in
the borough, the applicant shall pay a permit fee in the amount fixed according
to a schedule established pursuant to a resolution.
Permits shall be issued only to persons furnishing public utility services
or the owner or owners of the real property adjoining the location where such
opening or excavation is to be made or within reasonable proximity thereto.
Any permit issued hereunder shall specify the exact location where the
opening or excavation is to be made, the approximate permitted size and depth
thereof and the time within which the work for which the permit is granted
to be completed.
A permit may be issued to the applicant after all the requirements therefor
have been satisfied. If the application is disapproved, written notice of
disapproval together with reasons therefor shall be given to the applicant.
The work authorized by the permit is subject to all the provisions of
the Act of December 10, 1974, P.L. 852, No. 287, Section 1 et seq., as amended
or supplemented from time to time.[1] It shall be the permittee's responsibility to contact the
utilities that have recorded their facilities in compliance with said Act.
A partial list of utilities providing services in the borough and their office
addresses may be obtained from the County Recorder of Deeds.
[1]
Editor's Note: See 73 P.S. § 176 et seq.
Any person who shall open or excavate any street in the borough shall
thoroughly and completely refill the opening or excavation in such a manner
as to prevent any settling thereafter and shall restore the surface to the
same condition as it was before the opening or excavation and such restoration
shall be in accordance with the specifications of the borough for the restoration
of faces of streets in the borough. As restored, the surface shall conform
to the proper grade and be of the same surface covering as the part of the
thoroughfare immediately adjoining the opening. If within two years after
the restoration of the surface, as herein provided, defects shall appear therein
resulting from defective backfilling by the applicant, the applicant shall
reimburse the borough for the cost of all necessary repairs to the permanent
paving.
All other work in connection with openings in any street, including
excavation, protection, refilling and temporary paving, shall be done by or
for the person to whom the permit has been issued at his or her or its expense,
and all such work shall be subject to the provisions of this article and to
the supervision and approval of the Road Master or, in the absence thereof,
to such other person as designated by Borough Council, provided that the Road
Master may, if he deems it necessary to the proper performance of the work,
require that cutting of the surface of streets and the backfilling of all
excavations therein shall be actual cost of the work performed by the borough.
A.
No opening or excavation in any street shall extend from
the curbline into the highway a distance greater than one foot beyond the
center line of the street before being refilled and the surface of the highway
restored to a condition safe and convenient for travel.
B.
No more than 500 feet longitudinally shall be opened
in any street at any one time.
C.
The work of excavation shall be so conducted as not to
interfere with the water mains, sewers or their connections with the houses
or any other subsurfaces, lines or constructions, until permission of the
proper authorities in connection with such subsurface lines or constructions
shall have been obtained.
D.
No tunneling shall be allowed without the express approval
of the Road Master or, in the absence thereof, such other person as designated
by the Borough Council and permission therefor endorsed upon the permit.
E.
All openings or excavations shall be backfilled promptly
with modified 2A stones and thoroughly compacted in layers, each of which
layers shall not exceed eight inches in depth. Backfilling shall be placed
to within 10 inches of the surface.
F.
A temporary paving of coldpatch premix, thoroughly bound
and compacted, shall be installed flush with the surface of the adjoining
paving and maintained for a period of 90 days.
G.
During the making of any excavation in the street, every
necessary and reasonable precaution shall be taken by the applicant and the
parties making the same to keep the street in a safe and passable condition
both day and night by guards, barriers, lanterns and other devices, and all
excavating permits granted hereunder are granted under and subject to the
express condition that the person to whom the same is issued shall indemnify,
save and keep harmless the borough from any loss in damages or otherwise whatsoever
which may or shall be occasioned at any time by the excavation or by any leak,
explosion or other injury from any pipe, apparatus, conduit or any other matter
placed in the excavation.
H.
The applicant shall notify the Road Master or, in the
absence thereof, such other person as designated by the Borough Council when
the opening or excavation is ready for backfill before any backfilling is
done, when backfilling work is completed, when the temporary paving has been
installed and when the street has been permanently restored so that inspections
may be made.
I.
In the event that any work performed by or for a permit
holder shall, in the opinion of the Road Master or, in the absence thereof,
such other person as designated by Borough Council, be unsatisfactory and
the same shall not be corrected in accordance with his instructions within
the time fixed by him or in the event that the work for which the permit was
granted is not completed within the time fixed by the Road Master or, in the
absence thereof, such other person as designated by the Borough Council, the
borough may proceed to correct such unsatisfactory work cost thereof, plus
20% to the applicant.
J.
Monuments of concrete, iron or other lasting material
set for the purpose of locating or preserving the lines of any street of property,
subdivision or a precise survey reference point or a permanent survey bench
mark within the borough shall not be removed or disturbed or caused to be
removed or disturbed unless permission to do so is first obtained in writing
from the Road Master or, in the absence thereof, such other person as designated
by the Borough Council. Permission shall be granted only upon condition that
the applicant shall pay all expenses incident to the proper replacement of
the monument.
K.
When the work performed by the applicant interferes with
the established drainage system of any street, provision shall be made by
the applicant to provide proper drainage to the satisfaction of the Road Master
or, in the absence thereof, to such other person as designated by the Borough
Council.
L.
When any earth, gravel or other excavated material is
caused to roll, flow or wash upon any street, the applicant shall cause the
same to be removed from the street within 24 hours after deposit. In the event
that the earth, gravel or other excavated material so deposited is not removed,
the borough shall cause such removal and the cost incurred shall be paid by
the applicant.
M.
Access to private driveways shall be provided except
during working hours when construction operations prohibit provision of such
access. Free access must be provided at all times to fire hydrants.
In the case of any leak, explosion or other accident in any subsurface
pipe, line, construction or apparatus, it shall be lawful for the person owning
or responsible for such pipe, line, construction or apparatus to commence
an excavation to remedy such condition before securing a permit, provided
that application for a permit shall be made immediately and not later than
the next business day thereafter and that such person complies with all other
provisions of this article. If any such emergency condition shall not be immediately
attended to by the owner or person responsible for such pipe, line, construction
or apparatus, the Road Master or, in the absence thereof, such other person
as designated by the Borough Council, after such notice as he shall deem necessary
under the circumstance of the particular case, shall proceed to cause to be
done the work necessary and required by such emergency and charge the same
on the basis of cost plus 20% to such owner or person.
The permission herein granted does not confer upon the permittee or
its contractors the right to cut, remove or destroy trees or shrubbery within
the legal right-of-way except under specifications, regulations and conditions
as the borough may prescribe.
The Road Master or, in the absence thereof, such other person as designated
by the Borough Council shall give timely notice to all persons owning property
abutting on any street with the borough about to be paved or improved and
to all public utility companies operating in the borough, and all such persons
and utility companies shall make all water, gas or sewer connections as well
as any repairs thereto which would necessitate excavation of the street within
30 days from the giving of such notice, unless such time is extended in writing
for cause shown by the Road Master or, in the absence thereof, such other
person as designated by the Borough Council. New paving shall not be opened
or excavated for a period of five years after the completion thereof, except
in case of emergency, and the necessity for the opening or excavating of such
paving is to be determined by the Road Master or, in the absence thereof,
such other person as designated by the Borough Council. If it is sought to
excavate upon or open a sewer within five years after the completion of the
paving, the applicant shall make written application to the Borough Secretary
and a permit for such opening shall be issued only after express approval
of the Borough Council.
No new water, sewer, steam or gas main or electric, telephone or other
utility line shall hereafter be laid or constructed and no such existing main
or line shall be extended in any of the streets of the borough until the plan
therefor shall have been first filed with the Road Master or, in the absence
thereof, such other person as designated by the Borough Council and such plan
and the exact location of such main or line approved by him. The Road Master
or, in the absence thereof, such other person as designated by the Borough
Council shall not approve the location of any such main or line at a depth
of less than 30 inches from the surface of the street unless he shall be convinced
that locating the same at a depth of more than 30 inches from the surface
is impossible or impractical.
Payment for all work done by the borough under the provision of this
article shall be made by the person made liable for such work by the terms
of this article. The borough shall send a bill for any such work to the person
liable to pay for such work by certified mail to the last known mailing address
of such person. The person liable for payment of such bill shall make payment
to the borough within 30 days of that person's receipt of the bill. In
the event that the person fails to make full payment of the bill within 30
days, the borough may proceed to collect the amount due in the manner provided
by the terms of this article or other applicable law.
The Upper Montgomery Joint Authority shall be exempt from permit fees
only; however, it shall be subject to all administrative costs.
Any person, firm or corporation who or which shall violate any provision
of this article shall, upon conviction thereof, be sentenced to pay a fine
of not more than $600 and, in default of payment, to imprisonment for a term
not to exceed 90 days. Every day that a violation of this article continues
shall constitute a separate offense.
The provisions of this article shall not apply to laying sidewalks or
curbs.
