[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:
APPLICANT
Any person who makes application for a permit.
BOROUGH
The Borough of Perkasie, Bucks County, Pennsylvania.
EMERGENCY
Any unforeseen circumstance which calls for immediate action.
[1]
PERMANENT REPAIRS
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]
PERMITTEE
Any person who has been issued a permit and has agreed to fulfill all of the terms of this article.
PERSON
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.
STREET
The entire right-of-way of a public street, public highway, public alley, public way, public road or public easement within the Borough.
STREET OPENING
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.
[1]
Editor's Note: See also § 160-44, Emergency openings.
[2]
Editor's Note: The "Perkasie Borough Roadway Construction Standards and Specifications" are included at the end of this chapter.
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.
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.
C. 
Work performed pursuant to the issuance of a permit under § 160-39 of this article shall be completed pursuant to the standards set out at Chapter 459 of the Pennsylvania Code, and the Pennsylvania Department of Transportation Specifications, PUB No. 408.
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.
[Amended 9-18-2000 by Ord. No. 835]
Violations of this article shall be punishable as set forth in Chapter 1, General Provisions, Article II, Violations and Penalties. Each violation of any provision of this article shall constitute a separate offense.