[1]
Editor's Note: This ordinance repealed former Art. I, Excavations
in Streets, adopted 11-29-1921 by Ord. No. 119, as amended.
A.
PERSON
STREET
Definitions. As used in this article, the following terms
shall have the meanings indicated:
Includes any natural person, partnership, firm, association or corporation.
Any public street, avenue, road, square, alley, highway or other
public place located in the Borough of Pen Argyl and established for the use
of vehicles.
B.
Word usage. 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 of Pen Argyl 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 of Pen Argyl shall make application to the Borough
Secretary, in writing, for a permit. 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 or 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 arising from 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.
[Amended 11-7-1983 by Ord. No. 416,
approved 11-7-1983; 3-4-2003 by Ord.
No. 587, approved 3-4-2003]
A.
Before any permit shall be issued to open or excavate
any street in the Borough, the applicant shall pay to the Borough Secretary
an application fee in an amount as fixed by resolution of the Council of the
Borough of Pen Argyl.
B.
In addition, each applicant submitting an application
for a permit to open or excavate any street in the Borough shall pay into
escrow with the Borough of Pen Argyl an amount as fixed by resolution of the
Council of the Borough of Pen Argyl. Said escrow amount shall be used to cover
the cost of any inspections by the Borough Engineer or any other inspector
retained or hired by the Borough. The applicant shall, concurrent with payment
of the escrow amount, enter into an escrow agreement in a form acceptable
to the Borough Solicitor defining how fees shall be charged to the escrow
account.
[Amended 11-7-1983 by Ord. No. 416,
approved 11-7-1983; 2-7-2006 by Ord.
No. 613, approved 2-7-2006]
A.
Any person opening or excavating any street in the Borough
shall be responsible for refilling the opening or excavation immediately upon
completion of the work for which said opening or excavation was made. This
immediate refilling of the opening or excavation, hereinafter referred to
as the "refilling," and temporary restoration of the opening and excavation
shall be done only after inspection by the Borough Engineer, or such other
person designated by the Council of the Borough of Pen Argyl. Upon the written
approval of the Borough Engineer, or such other person as designated by the
Council of the Borough of Pen Argyl, the opening and excavation shall be refilled
by backfilling with No. 2A modified stone, compacted in layers not to exceed
eight inches in depth, and the surface of the street shall be temporarily
restored with cold patching. Upon completion of the cold patching, the person
opening or excavating the street shall immediately secure the written approval
of the Borough Engineer, or such other person designated by the Council of
the Borough of Pen Argyl, of the manner and method of installing the cold
patching.
B.
The cold patching shall remain in place for a minimum
of 90 days and a maximum of 120 days unless the aforementioned time limits
are shortened or lengthened, respectively, by the Borough Engineer, or such
other person as designated by the Council of the Borough of Pen Argyl, in
writing. At a time not less than the minimum, as aforementioned, or as changed
by the Borough Engineer, or such other person as designated by the Council
of the Borough of Pen Argyl, in writing, as aforementioned, and not more than
the maximum, as aforementioned, or as changed by the Borough Engineer, or
such other person designated by the Council of the Borough of Pen Argyl, in
writing, the person opening or excavating the street shall restore the street
and the surface of the street to the same condition as it was before the opening
or excavation. The bituminous pavement materials used for restoration shall
consist of a four-inch layer of BCBC and a 1 1/2 inch layer of ID-2 wearing
course unless otherwise approved by the Borough Engineer, or such other person
designated by the Council of the Borough of Pen Argyl. All joints shall be
treated with bituminous sealer. This restoration of the street between the
minimum and maximum time limits aforementioned shall be hereinafter referred
to as the "final restoration." The month, day and year of restoration must
be painted on or near the restored opening.
C.
The final restoration of the street, as aforementioned,
by the person opening or excavating the street shall commence the running
of a period of three years. The period of three years shall commence upon
the written approval of the Borough Engineer, or such other person designated
by the Council of the Borough of Pen Argyl, of the final restoration. If during
said three-year period, commencing upon the date of the final restoration,
as aforementioned, there shall appear any defects in the refilling of the
opening or excavation or in the restoration of the surface of the same, the
Borough Engineer, or such other person designated by the Council of the Borough
of Pen Argyl, shall make a determination, in writing, as to the cause of the
defect. The person opening or excavating the street shall immediately make
all necessary repairs to correct the defects aforementioned, and such correcting
of the defects shall be done in accordance with the directions of the Borough
Engineer, or such other person designated by the Council of the Borough of
Pen Argyl, which shall be contained in the writing by the Borough Engineer,
or such other person designated by the Council of the Borough of Pen Argyl,
containing the cause of the defects. If the person opening or excavating the
street fails, for whatever reason, to correct such defects, the Borough or
its agents, servants, workmen, employees or independent contractors shall
correct said defects. The cost of such correction of defects shall be paid
by the person opening or excavating the street.
D.
The person opening or excavating the street shall have
30 days from the date of the written notice from the Borough to correct any
defects as aforementioned. If any such defects are not corrected within 30
days from the date of the written notice of same, the Borough shall proceed
to have the defects corrected, and the cost of same shall be paid by the person
opening or excavating the street as aforementioned.
E.
Any person required to refill or restore any street opening under
this section shall restore, repave or overlay said street section in accordance
with the requirements of Pennsylvania Department of Transportation Form 408,
1994 Specifications, final restoration of the street.
[Amended 2-7-2006 by Ord. No. 613,
approved 2-7-2006]
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 restored in accordance
herewith as aforementioned.
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 water mains or sewers or their connections with buildings or
with any other subsurface lines or construction until permission of the proper
authorities in connection with such subsurface lines or construction shall
have been obtained.
D.
No tunneling shall be allowed without the express approval
of the Borough Engineer, or such other person designated by the Council of
the Borough of Pen Argyl. The backfilling of any tunnel excavation shall be
made only in the presence of the Borough Engineer, or such other person designated
by the Council of the Borough of Pen Argyl, and must receive the written approval
of the Borough Engineer, or such other person designated by the Council of
the Borough of Pen Argyl.
E.
All openings or excavations shall be temporarily refilled
immediately upon completion of the work for which the opening or excavation
was made. During the making of any opening or excavation in any street, every
necessary and reasonable precaution shall be taken by the applicant and the
parties making same to keep the street in a safe and passable condition both
day and night by guards, barriers, lanterns and other devices.
F.
All permits granted hereunder are subject to the express
condition that the person to whom 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 said excavation or by any
leak, explosion or other injury from any pipe, apparatus, conduit or any other
matter placed in the said excavation.
G.
Should any trenching project commenced pursuant to this article
consist of 10 or more linear feet of trench, all persons, firms and corporations
digging or opening such trenches in any of the streets of the Borough for
any purpose whatsoever shall be responsible for repaving or overlaying the
pavement of any Borough street 20 feet prior to the opening and 20 feet beyond
the opposite edge of the opening, with the width of said overlay to be from
the curbline to the center line of the disturbed traffic lane in accordance
with standards established by the Borough Street Committee. The repaving or
overlaying work done by the permittee shall be performed under the direction
of the Public Works Director, unless the Borough shall designate another individual.
Said repaving or overlaying shall be performed at the sole cost and expense
of the permittee.
H.
Whenever four or more road openings of any Borough street have
occurred within any one-hundred-linear-foot section of the pavement of a Borough
street within any three-year period, then at the time of the occurrence of
the fourth opening, the permittee shall overlay the traffic lane or lanes
in which the openings were made over the entire length of roadway between
the openings in accordance with the repaving and overlaying requirements of
this article.
I.
In any event any road opening or excavation project commenced
in any Borough street consists of more than 100 linear feet (measured either
longitudinally or transversely) in the pavement, then the Borough shall require
the permittee to overlay the traffic lanes in which the openings were made
for the entire length of the roadway segment in accordance with the repaving
and overlaying requirements of this article.
In the case of any leak, explosion or other accident in any subsurface
pipe, line, construction or apparatus, it shall not be unlawful 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 there is compliance 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 Borough, after such notices as it shall deem necessary under
the circumstances of the particular case, in writing, shall proceed to do
the work necessary and required by such emergency and shall be reimbursed
for the cost of such work, plus 20%, by the owner or person responsible for
the pipe, line, construction or apparatus.
The Borough shall give notice in writing to all persons owning property
abutting on any street within the Borough about to be improved and to all
utility companies operating in the Borough. All such persons and utility companies
shall make all water, gas or sewer connections as well as any repairs thereto
and shall make any installation of curbing or repairs thereto or any other
repairs which would necessitate excavation of the street. All connections
and repairs, respectively, shall be made within 30 days from the date of the
written notice aforementioned, unless such time is extended in writing, for
cause shown, by the Borough Engineer or the Borough Secretary.
New paving shall not be opened or excavated for a period of five years
after the completion thereof, except in case of emergency. If it is sought
to excavate or open a street within five years after the completion of the
new paving for any other reason than an emergency as above stated, the written
application shall be submitted to the Council of the Borough of Pen Argyl,
and a permit for such opening or excavation shall only be issued after the
written approval of the Council of the Borough of Pen Argyl.
No new water or gas main shall hereafter be laid or constructed, and
no existing water or gas main shall be extended in any of the streets of the
Borough until the exact location thereof and the plan therefor shall have
been first approved by the Borough Council.
A.
Payment for all work done by the Borough under the provisions
hereof shall be made by the person made liable therefor under the provisions
hereof within 30 days after a bill therefor is sent to such person by the
Borough.
B.
Upon failure to pay such charges within such time, the
same shall be collectible by the Borough in the manner provided by law for
the collection of municipal claims.
Any person violating any of the provisions of this article shall, upon
conviction in a summary proceeding before a District Magistrate, 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 in the county jail for
not more than 30 days.
