[Adopted 10-19-1992 by Ord. No. 704]
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 person who makes application for a permit.
The Borough of Perkasie, Bucks County, Pennsylvania.
Any unforeseen circumstance which calls for immediate action.
[1]Such restoration of excavated areas as so defined in the
“Perkasie Borough Roadway Construction Standards and Specifications”[2] which standards and specifications are a part of the Code
of the Borough of Perkasie, subject to change only by ordinance. Copies
of the said Standards and Specifications shall be available at the
Borough Hall.
[Amended 10-17-2005 by Ord. No. 895]
Any person who has been issued a permit and has agreed to
fulfill all of the terms of this article.
Any natural person, partnership, firm, association, utility
or corporation, but shall not include the Borough of Perkasie or any
Department of the Borough of Perkasie.
The entire right-of-way of a public street, public highway,
public alley, public way, public road or public easement within the
Borough.
Any ditch, excavation, tunnel or opening in or under the
surface of any street, or within any street right-of-way, except,
however, work performed by any property owner or his agent or contractor
within that portion of the street right-of-way abutting his property
and lying between the curbline and the property line, or a line 12
inches beyond the curbline in the case of construction or repair of
curbs.
A.
No person shall make any street openings, by drilling
or otherwise, in or upon any of the streets of the Borough of Perkasie,
Pennsylvania, without first obtaining a permit from the Borough Manager
or his designee.
B.
Permission to make such street openings, by drilling
or tunneling or boring or otherwise, may be obtained upon compliance
with the following conditions:
(1)
Written application must be made to the Borough Manager
for a permit. Upon application, a permit shall be issued by the Borough
Manager, or his designee, within a one-week period.
(2)
Such application must set forth the name of the street
and a description of the property in front of which the proposed street
openings are to be made, by drilling or otherwise, as well as the
character, extent and purpose of such proposed street openings, said
statement of character, extent and purpose to include a statement
of approximate width, length and depth of street surface to be opened.
[Amended 9-18-2000 by Ord. No. 835]
An application fee as set from time to time
by resolution of the Borough Council shall be paid to the Borough
Manager, in order that the applicant's permit request be processed.
A.
In case the work applied for has not been completed
before the date of expiration as shown on the permit, which date shall
be fixed when the permit is granted and shall not be more than 120
days from date of issuance, the Borough Manager may, if he deems it
advisable, take the proper steps to backfill the trench and replace
the street surface over the opening for which the permit has been
issued and bill the permittee. The Borough Manager shall give notice
to the permittee, in writing, that such action is impending. The permittee
shall be given 48 hours to respond to such written notice. If an extension
of time on the said date is necessary for the completion of the work,
a written application for an extension of time must be filed with
the Borough Manager.
B.
All permits for the opening of street surfaces are
subject to revocation at any time by the Borough Manager or by Borough
Council or in the event of failure of the permittee to comply with
any of the conditions upon which the permit has been granted, said
conditions to be in accordance with the provisions of this article.
In the event of revocation of a permit, the Borough Manager shall
take the proper steps to backfill the trench and replace the street
surface over the opening for which the permit was issued and bill
the permittee. All such repairs shall be made pursuant to Pennsylvania
Department of Transportation Specifications, PUB No. 408.
All permanent repairs to street surfaces within
the Borough shall be made between 90 days and 150 days after the temporary
repair is completed.
A.
The permittee shall assume all responsibility for
such excavation, tunneling or opening, and for refilling the same,
and for all damages whatsoever that may arise by reason of the excavation,
tunneling or opening.
B.
The permittee shall have the following responsibilities:
(1)
The permittee shall assume all responsibility for
such excavation, tunneling or opening, and for refilling the same,
and for all damages whatsoever that may arise by reason of the excavation,
tunneling or opening.
(2)
The permittee shall pay all costs and expenses incident
to or arising from the project, including the prescribed fees for
same, the cost of making and maintaining temporary restoration of
the disturbed areas and making permanent restoration.
(3)
The permittee shall notify the Borough Manager of the date that work undertaken pursuant to a permit issued under § 160-39 of this article has been completed.
(4)
Permanent restoration shall be made pursuant to the
“Perkasie Borough Roadway Construction Standards and Specifications”[1] which standards and specifications are a part of the Code
of the Borough of Perkasie, subject to change only by ordinance. Copies
of the said Standards and Specifications shall be available at the
Borough Hall.
[Amended 10-17-2005 by Ord. No. 895]
[1]
Editor's Note: The "Perkasie Borough Roadway
Construction Standards and Specifications" are included at the end
of this chapter.
(5)
The person causing such cut or opening to be made
in the street shall provide suitable barricades and guards to protect
persons using the street from injury, and at night the cut or opening
shall be marked with sufficient hazard lights to warn persons using
the street of such cut or opening.
(6)
When
a trench is cut into any roadway within the Borough, the permit holder
shall be required to mill and overlay the half-width of the roadway
a depth of 1 1/2 inches for the entire length of the trench cut. In
cases where the trench cut occurs on both sides of the roadway and/or
along the centerline of the roadway, the permit holder shall be required
to mill and overlay the entire width of the roadway a depth of 1 1/2
inches for the entire length of the trench cut.
[Added 4-21-2014 by Ord.
No. 973]
Each and every street opening shall be made
only after application has been made therefor and permit granted by
the Borough Manager, or his designee, except in the event of an emergency
opening. "Emergency" shall mean any condition constituting a clear
and present danger to life or property by reason of escaping gas,
exposed wires, collapsed water or sewer lines or other breaks or defects
in the user's line. The Borough Manager shall be notified immediately
of the need for an emergency opening. Permit application for all emergency
openings shall be filed within five days after the emergency cut has
been made.
A.
All gutters shall be left open so as not to obstruct
the free passage of water and sidewalks and footways must be kept
in a safe and passable condition. All excavations or material from
them shall have placed upon them sufficient lights and barricades
to identify them from all directions during the day and after dark.
B.
If, for safety purposes, the Department of Public
Works deems it necessary to install additional warning devices such
as lights, barricades or signs, the permittee shall be notified of
the decision and shall receive instructions on the installation. In
case of emergencies, the Borough may install all additional warning
devices deemed necessary by the Department of Public Works. The permittee
shall be notified of this decision. The Borough shall invoice the
permittee for rental and installation costs incurred from the date
of installation until the permittee installs warning devices.
In no case shall a permittee open or remove
a greater area of street surface than specified in the original application.
The permittee shall not open any street at any location not specified
in the original permit. If the permittee determines during construction
than an additional area of the street will have to be opened, he shall
notify and secure permission from the Department of Public Works for
the additional opening. Upon receipt of permission, the permittee
shall file a supplementary application for the work no later than
the next work day.
The permittee shall guarantee and maintain its
work for 24 months from the completion of the restoration and replacement
work. Within this twenty-four-month period, upon notification from
the Borough of necessary correctional work required, the permittee
shall correct or cause to be corrected all restoration work required
within 10 working days of receipt of the notification. The Department
of Public Works shall determine the extent of restoration required
and the method of correction. Any and all work not completed within
the ten-day period may be completed by the Borough at the discretion
of the Director of Public Works. The Borough shall invoice the permittee
for all costs incurred by the Borough in the performance of this work.
Permits shall be granted only to the owners
of the property on which the work is done, or to public utilities
or authorities whose service lines or poles occupy the streets of
the Borough, under a legal right or franchise. No permits shall be
issued to contractors or subcontractors. Issuance of a permit may
be delayed up to a period of one year where the proposed work will
interfere with work being done or to be done within one year, by or
for the Borough of Perkasie.
The permittee agrees to indemnify and save harmless
the Borough of Perkasie from all liability for damages or injury occurring
to any person or persons or property, at such openings in streets
through, or in consequence of, any act or omission of any contractor,
agent, servant, employee or person engaged or employed in, about or
upon said work by, at the instance or with the approval or consent
of the permittee.
