[Adopted 6-22-1959 by Ord. No. 505 (Ch.
XXI, Part 3A of the 1970 Code)]
For the purposes of this article, the following
terms, phrases, words and their derivations shall have the meaning
given herein. When not inconsistent with the context, words used in
the present tense include the future, words in the plural number include
the singular number, and words in the singular number include the
plural number, and the word "shall" is always mandatory and not merely
directory.
Any person making written application to the Borough Manager
for an excavation permit hereunder.
The Borough of Waynesboro, Pennsylvania.
The Borough Council of the Borough of Waynesboro, Pennsylvania.
The Borough Engineer of the Borough of Waynesboro, Pennsylvania.
The excavation and other work permitted under an excavation
permit and required to be performed under this article.
Any person who has been granted and has in full force and
effect an excavation permit issued hereunder.
Any person, firm, partnership, association, corporation,
company, organization of any kind.
Any street, highway, sidewalk, alley, avenue or other public
way or public grounds in the Borough.
It shall be unlawful for any person to dig up,
break, excavate, tunnel, undermine or in any manner break up any street
or to make or cause to be made any excavation in or under the surface
of any street for any purpose or to place, deposit or leave upon any
street any earth or other excavated material obstructing or tending
to interfere with the free use of the street, unless such person shall
first have obtained an excavation permit therefor from the Borough
Manager as herein provided.
No excavation permit shall be issued unless
a written application for the issuance of an excavation permit is
submitted to the Borough Manager. The written application shall state
the name and address of the applicant; the nature, location and purpose
of the excavation; the date of commencement and proposed date of completion
of the excavation; and other data as may reasonably be required by
the Borough Manager.
A permit fee in the amount of $3 shall be charged
by the Borough Manager for the issuance of an excavation permit, which
shall be in addition to all other fees for permits or charges relative
to any proposed construction work.
Before an excavation permit as herein provided
is issued, the applicant shall deposit with the Borough Manager a
bond in the amount of $2,000 payable to the Borough. The required
bond must be conditioned upon the permittee's compliance with this
article and to secure and hold the Borough and its officers harmless
against any and all claims, judgments or other costs arising from
the excavation permit or for which the Borough, Borough Council or
any Borough officer may be made liable by reason of any accident or
injury to persons or property through the fault of the permittee either
in not properly guarding the excavation or for any other injury resulting
from the negligence of the permittee, and further conditioned to fill
up, to the satisfaction of the Borough Engineer, all openings and
excavations made in the streets and to pay for the restoration of
the surface of such streets in accordance with the schedule of restoration
rates hereinafter set forth within 30 days after receipt of a statement
from the Borough Manager. Recovery on such bond for any injury or
accident shall not exhaust the bond, but it shall in its entirety
cover any or all future accidents or injuries during the excavation
work for which it is given. In the event of any suit or claim against
the Borough by reason of the negligence or default of the permittee,
upon the Borough's giving written notice to the permittee of such
suit or claim, any final judgment against the Borough requiring it
to pay for such damage shall be conclusive upon the permittee. An
annual bond may be given under this provision, which shall remain
in force for one year conditioned as above, in the amount of $5,000,
and in other respects as above specified, but applicable as to all
excavation work in the streets during the term of one year from said
date.
[Amended 8-19-1964 by Ord. No. 559]
A.
The permittee shall erect and maintain suitable barriers
to confine earth from trenches or other excavations in order to encroach
upon highways as little as possible. The permittee shall construct
and maintain adequate and safe crossings over excavations and across
highways under improvement to accommodate vehicular and pedestrian
traffic at all street intersections. The permittee shall erect such
fence railing or barriers about the site of excavation work as shall
prevent danger to persons using the Borough streets or sidewalks and
at twilight there shall be placed upon such place of excavation and
upon any excavated materials or structures or other obstructions to
streets suitable and sufficient lights which shall be kept burning
throughout the night during the maintenance of such obstructions.
B.
The permittee shall lay all pipe lines, cables, and
conduits, with a minimum coverage of 30 inches below the top of existing
curbs and, where no curbs exist, a minimum coverage of 24 inches under
the existing or proposed street grade.
C.
The permittee shall cause all street opening and excavations
to be a minimum width of 12 inches.
The permittee shall not interfere with any existing
utility without the written consent of the Borough Manager and the
utility company or persons owning the utility. In case any pipes,
conduits, poles, wires or apparatus should be damaged by the permittee,
they shall be repaired by the agency or person owning them and the
expense of such repair shall be charged to the permittee, and his
or its bond shall be liable therefor.
All streets and alleys and private property
shall be thoroughly cleaned of all excess earth, rock and other debris,
and all cleanup operations shall be accomplished at the expense of
the permittee and to the satisfaction of the Borough Engineer. If
cleanup operations are not completed within 24 hours after completion
of work, said cleanup may be done by the Borough and the cost thereof
charged to the permittee, and the permittee shall also be liable for
the cost thereof under the bond provided hereunder.
[Amended 8-19-1964 by Ord. No. 559; 12-19-1969 by Ord. No.
649]
A.
Backfilling in any street opened or excavated pursuant
to an excavation permit issued hereunder shall be done in accordance
with the following regulations:
(1)
If the opening is smaller than 24 square feet, the
excavation shall be backfilled with Pennsylvania Department of Highways
Designation 2RC (crusher run) stone, placed in eight-inch layers and
compacted with mechanical tampers or vibrating tampers.
(2)
If the single opening is larger than 24 square feet,
such as a trench, the excavation shall be backfilled with a good granular
earth free from all large rock, wood, leaves, top soil or other debris
or with Pennsylvania Department of Highways Designation 2RC stone
both placed in eight-inch layers and compacted with mechanical or
vibrating tampers.
(3)
No wet or soft clay, loam or topsoil will be used
in backfilling.
B.
Should the opening settle more than six inches below
the finished street surface it shall be considered as being improper
backfill and a violation of this article subject to the penalty provisions.
In addition to the right of the Borough to invoke the penalty, the
street excavation shall be either completely reopened and satisfactory
material tamped into place or the opening shall be enlarged, concrete
bridging placed of six-inch of Class B concrete, and the opening resurfaced
with asphalt all at the cost of the permittee.
[Amended 12-15-1982 by Ord. No. 882]
A.
The Borough shall restore the surface of the street
to its original and proper condition and the permittee shall be liable
to pay for the cost thereof according to the following schedule of
rates:
B.
The Borough shall have a cause of action for restoration
costs according to said schedule and may also enforce its rights under
the permittee's bond provided pursuant to this article.
The Borough shall restore the surface of any
street open for the erection of a pole to its original and proper
condition, and the permittee erecting such pole shall be liable to
pay for the cost thereof in the amount of $3 per pole. The Borough
shall have a cause of action for such restoration costs and may also
enforce its rights under the permittee's bond provided pursuant to
this article.
The permittee shall prosecute with diligence
and expedition all excavation work covered by the excavation permit
and shall complete such work in not more than one week of five and
one-half days.
A permittee prior to the issuance of a permit
shall furnish the Borough Manager with a certificate of insurance
indicating the permittee has in force and will maintain in force during
the performance of excavation work sufficient liability insurance
of not less than $100,000 for any one person and $300,000 for any
one accident and property damage insurance of not less than $50,000
duly issued by an insurance company authorized to do business in the
Commonwealth of Pennsylvania.
In the event of any emergency in which a sewer,
main, conduit, pipe or utility in or under any street breaks, bursts
or otherwise is in such condition as to immediately endanger the property,
life, health or safety of any individual, the person owning or controlling
such sewer, main, conduit, pipe or utility, without first applying
for and obtaining an excavation permit hereunder, shall immediately
take proper emergency measures to cure or remedy the dangerous conditions.
However, such person shall apply for an excavation permit not later
than the end of the next succeeding day during which the Borough Manager's
office is open for business.
[Amended 2-20-1963 by Ord. No. 539]
A.
The provisions of this article shall not be applicable
to any excavation work under the direction of competent Borough authorities
by employees of the Borough or by any contractor of the Borough performing
work for and in behalf of the Borough necessitating openings or excavations
in streets.
B.
Upon written request by any applicant for the Borough
of Waynesboro to perform the street opening on behalf of the applicant,
an excavation permit shall be issued to the applicant and delivered
to the Borough and the Borough shall proceed with the excavation in
accordance with the provisions of this article and the permittee shall
be liable to pay for the costs of the surface restoration in accordance
with the schedule of rates hereinbefore set forth and the costs of
the excavation work in accordance with rates to be determined by the
Borough Manager.
C.
If costs as set forth in Subsection B are not paid within 60 days of billing, they shall bear interest at the rate of 1/2 of 1% for each month thereof during which they remain unpaid and the said costs together with interest may be recovered by a suit in assumpsit. The failure to pay said costs shall also be grounds for discontinuance of water service until payment in full is made.
This article shall not be construed as imposing
upon the Borough or any official or employee, any liability responsibility
for damages to any person injured by the performance of any excavation
work for which an excavation permit is issued hereunder, nor shall
the Borough or any official or employee thereof be deemed to have
assumed any such liability responsibility by reason of inspections
authorized hereunder, the issuance of any permit or the approval of
any excavation work.
[Amended 12-19-1969 by Ord. No. 649]
Any person violating the provisions of this
article and convicted before any Magisterial District Judge of the Borough of
Waynesboro, Pennsylvania, shall be fined in an amount not exceeding
$100 for each and every offense and in default thereof to undergo
imprisonment in the county jail for a period not exceeding 30 days.
Each day such violation is committed or permitted to continue, shall
constitute a separate offense and shall be punished as such hereunder.
The permittee and any subcontractor violating the provisions of the
article shall be separately and jointly liable to the penalty provisions.
