[Adopted 7-13-1981 by Ord. No. 1026[1]]
[1]
Editor's Note: This ordinance also repealed former Art. III, Street Excavations, adopted 11-16-1970 by Ord. No. 848, as amended.
As used in this article, the following terms shall have the meanings indicated:
CITY
City of Sunbury, Northumberland County, Pennsylvania.
PERSON
Any person or persons, firm, partnership, corporation or public utility.
STREET(S)
Any street(s), lane(s) or alley(s).
It is in the public interest to regulate the location, construction and repair of utility facilities and other structures and related work in streets of the City. It shall hereafter be unlawful for any person to enter upon any street of the City and to cut or open the surface or pavement thereof, or conduct any excavation or backfill work, or excavate in any manner for the purpose of laying pipes, drains, conduits or cables, repairing the same or making connections therewith, or for any other purpose or purposes, except in accordance with the provisions of this article.
A. 
Before any cut, opening or excavation may be made in, upon or under any street of the City by, for or in behalf of any person, an application shall be made, in writing, to the Code Enforcement Officer of the City for a permit to make said proposed cut, opening or excavation. Said application shall be in such form as the City Council may from time to time designate, and there shall be set forth therein the dimensions of said proposed cut, opening or excavation, the location where it is to be made, the name or names of the owner or reputed owners of the property where the work is to be done in case of tap connections, the character of the pipe, drain or conduit to be laid, the time when the work is to be commenced and also the approximate time required to complete the work.
B. 
No permit shall be issued to make any cut, opening or excavation or to lay any pipes, mains, drains, conduits or cables in any trench already occupied by the same appliances of another. The applicant shall comply with the provisions of Act 287[1] prior to making application for said permit to prevent utility conflicts.
[1]
Editor's Note: See 73 P.S. § 176 et seq.
The applicant shall pay permit application fees and general inspection fees in accordance with the fee schedule entitled "Schedule of Fees for Excavation Permits," as from time to time adopted by resolution of the City Council.[1]
[1]
Editor's Note: The Schedule of Fees for Excavation Permits is on file in the office of the City Clerk and may be examined there during normal office hours.
The applicant shall include with his application the following:
A. 
A bond naming the City as the obligee and the person who shall make the cut, opening or excavation and also the person in whose behalf the cut, opening or excavation is made as the obligors, and shall be in the amount of 150% of the estimated cost of the proposed permitted work; provided, however, that said bond shall in no event be less than $500. It shall be a condition of said bond that any person who shall have made the cut, opening or excavation and the person in whose behalf the cut, opening or excavation shall have been made shall jointly or severally restore the street to its original grade and maintain said grade and condition for one year from the work completion date, all in accordance with the provisions of this article.
B. 
A certificate of insurance on a form as shown on Exhibit 3 to this article.[1]
[1]
Editor's Note: Exhibit 3 is on file in the office of the City Clerk and may be examined there during normal office hours.
The Code Enforcement Officer shall issue a permit to the person in whose behalf a cut, opening or excavation is to be made upon receipt of:
A. 
The fee as outlined in the above-referenced schedule.
B. 
The bond and certificate of insurance as required by § 145-12 of this article.
C. 
Filing of a properly completed application, including a drawing of the proposed work and other required supporting forms and documentation, as required in § 145-10 of this article.
No work of any nature in connection with any proposed cut, opening or excavation shall be done until the permit or permits as herein required are issued to the applicant, except that in the case of sudden unavoidable emergency which should require the cut, opening or excavation of any street at a time when a permit could not be obtained under the provisions of this article, a cut, opening or excavation necessary only to repair the emergency conditions may be made, provided that in such cases application under the provisions of this article for a permit to make such opening or excavation shall be made within 24 hours after opening of the street.
No cut, opening or excavation of any nature shall be allowed in the streets, lanes or alleys of the City between November 15 of one year and March 15 of the next succeeding year, except in the case of unavoidable accident or sudden emergency when an emergency permit shall be issued under provisions of § 145-14 or by special authorization by the Director of the Department of Streets and Public Improvements.
The Director of the Department of Streets and Public Improvements or his authorized agent shall have the authority to supervise and inspect the cuts, openings or excavations authorized under said permits.
The person who shall make a cut, opening or excavation or the person for whom or in whose behalf there is made a cut, opening or excavation in the streets of the City shall be jointly and severally responsible for trenching, backfilling and completely restoring the trench to the grade and condition as required by this article and for removing and disposing of excess earth and other materials from the site. All work shall be performed at such time and in such manner as shall be consistent with the safety of the public and shall conform to all requirements and standards of the Pennsylvania Department of Transportation and specifically the Roadway Standards and Specifications Form 408. Specific trenching, backfill and trench restoration requirements are contained in Exhibit 1 of this article.[1]
[1]
Editor's Note: Exhibit 1 is included as an attachment to this chapter.
The permittee shall also be responsible for performance of the work in accordance with the requirements as set forth in Exhibit 2 of this article.[1]
[1]
Editor's Note: Exhibit 2 is included as an attachment to this chapter.
The fees and charges paid in accordance with this article shall be deposited into and credited to Department D, Department of Streets and Public Improvements.
A. 
Should any person make any cut, opening or excavation in any street of the City in violation of any of the provisions of this article, any or all of the following actions will be taken. Upon receipt of oral or written notice from the Code Enforcement Officer, the permittee shall cease to perform any further work, except to restore the area to a safe condition, and said person shall be subject to any or all of the following:
(1) 
Confiscation of the permit.
(2) 
Revocation of the permit.
(3) 
Removal of facilities installed in violation of this article.
B. 
Any person violating any provisions of this article shall, upon conviction, be sentenced to pay a fine of not more than $300 and not less than $200 for each separate offense, together with costs of prosecution, and, in default of the payment of such fine and costs, shall be imprisoned in the Northumberland County jail for a period not exceeding 30 days.
C. 
Any person violating any provisions of this article shall be subject to any other penalties or remedies provided by law for cities of the Third Class.