[HISTORY: Adopted by the Borough Council
of the Borough of Wilson as indicated in article histories. Amendments
noted where applicable.]
GENERAL REFERENCES
Streets and sidewalks — See Ch. 150.
[Adopted 2-24-2003 by Ord. No. 704, approved 2-24-2003]
A.
EXCAVATION
PERSON
STREET
As used in this article, the following terms shall
have the meanings indicated unless a different meaning clearly appears
from the context.
Any activity within the right-of-way of any street or cartway
which involves cutting, breaking, or disturbing the surface thereof.
In this article, the term "opening" shall have essentially the same
meaning as excavation.
Any individual, corporation, partnership, firm, association
or municipal authority.
Any public cartway, avenue, road, square, highway or other
public place located in the Borough of Wilson and established for
the use of vehicles, but shall not include state highways.
B.
In this article, the singular shall include the plural,
and the masculine shall include the feminine or the neuter.
It shall be unlawful for any person to open
or make any excavation of any kind in any of the streets in the Borough
of Wilson, Pennsylvania, without first securing a permit therefor,
as hereinafter provided.
Any person who shall desire to make an opening
or excavation in any of the streets in the Borough of Wilson shall
make application to the Code Enforcement Officer in writing for that
purpose. Such application shall be made upon blank forms to be furnished
by the Borough of Wilson and shall set 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 of Wilson, Northampton County, Pennsylvania, and the
laws of the Commonwealth in relation thereto, and the applicant shall
well and truly save, defend and keep harmless the Borough of Wilson
from and indemnify it against any and all actions, suits, demands,
payments, costs and charges for or by the 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.
Before any permit shall be issued to open or
excavate any street in the Borough of Wilson the applicant shall pay
a permit fee in the amount fixed according to a schedule established
pursuant to resolution. When application shall be made to open or
excavate any longitudinal opening or excavation in excess to the 10
feet, before any permit shall be issued to open or excavate, the applicant
shall pay in addition to such minimum fee and additional fee at the
rate for each 100 feet or fraction thereof to be opened or excavated
upon such street, pursuant to the fee schedule.
Permits shall be issued only to persons furnishing
public utility services or the owner or owners of the real property
adjoining the location where such opening or excavation is to be completed.
Any permit issued hereunder shall specify the
exact location where the opening or excavation is to be made, the
approximate permitted size or depth thereof and the time within which
the work for which the permit is granted is to be completed.
A permit may be issued to the applicant after
all the requirements therefor have been filed. If the application
is disapproved, written notice of disapproval together with reasons
therefor shall be given to the applicant.
The work authorized by the permit is subject
to all the provisions of the Act of December 10, 1974, P.L. 852, No.
287, § 1 et seq.,[1] as amended or supplemented from time to time. It shall
be the permittee's responsibility to contact the utilities that have
recorded their facilities in compliance with said Act. A partial list
of utilities providing service in the Borough of Wilson and their
office addresses may be obtained from the Northampton County Recorder
of Deed.
[1]
Editor's Note: See 73 P.S. § 176 et seq.
Any person who shall open or excavate any street
in the Borough of Wilson shall thoroughly and completely refill the
opening or excavation in such a manner as to prevent any settling
thereafter and shall restore the surface to the same condition as
it was before the opening or excavation and such restoration shall
be in accordance with the specifications of the Department of Transportation
of the Commonwealth of Pennsylvania, which are hereby adopted as specifications
of the Borough of Wilson for restoration of services of streets in
the Borough of Wilson, as restored; the surface shall conform to the
proper grade and be of the same surface covering as the part of the
thoroughfare immediately adjoining the opening. If within two years
after restoration of the surface as herein provided, defects shall
appear therein resulting from defective backfill by the applicant,
the applicant shall reimburse for the cost of all necessary repairs
to the permanent paving.
All other work in connection with openings in
any street, including excavation, protection, refilling and temporary
paving, shall be done by or for the person to whom or which the permit
has been issued at his or its expense, and all such work shall be
subject to the provisions of this article and to the supervision and
approval of the designated official, provided that the Borough Engineer
may, if he deems it necessary to the proper performance of work, require
that cutting of the surface of streets and the backfilling of all
excavation therein shall be done by the Borough of Wilson, in which
event the applicant shall pay the actual cost of the work performed
by the Borough of Wilson.
A.
No opening or excavation in any street shall extend
from the curbline into the street a distance greater than one foot
beyond the center line of the street before being refilled and the
surface of the street restored to a condition safe and convenient
for travel.
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 the water mains, sewers, or their connections with
the houses, or any other subsurface lines or constructions, until
permission of the proper authorities in connection with such subsurface
lines or constructions has been ordained.
D.
No tunneling shall be allowed without the express
approval of the Borough Engineer and the permission therefor endorsed
upon the permit. The backfilling of a tunnel excavation shall be made
only in the presence of the Borough Engineer, or another person designated
by Borough Council, and shall be done only in a method approved by
him.
E.
All openings or excavations shall be backfilled promptly
with modified 2A stones and thoroughly compacted in layers, each of
which layers shall not exceed eight inches in depth. Backfilling shall
be placed to within 10 inches of the surface.
(1)
The
limit for a plate to be on an open trench shall be no longer than
seven days. If there is a snow storm coming that the Borough of Wilson
needs to plow or a snow emergency called, all plates must be removed
from the road surface.
[Added 3-25-2013 by Ord.
No. 764, approved 3-25-2013]
F.
A temporary paving of coldpatch premix, thoroughly
bounded and compacted, shall be installed flush with the surface of
the adjoining and maintained until completed with hot mix blacktop.
All trenches must be saw cut and replaced within 150 days. All completed
trenches will be the responsibility of the utility for two years after
trench is completed.
[Amended 3-25-2013 by Ord. No. 764, approved 3-25-2013]
(1)
If
a utility is doing a trench that covers half of the total road surface,
they must complete an entire road restoration unless otherwise instructed.
It will be within the sole discretion of the Public Works Director
to make that decision.
G.
On concrete-based streets, such base shall be replaced
with concrete and the minimum size of the opening or excavation shall
be 16 square feet.
H.
During the making of any excavation in the street,
every necessary and reasonable precaution shall be taken by the applicant
and the parties making the same to keep the street in a safe and passable
condition both day and night by guards, barriers, lanterns and other
devices, and all excavating permits granted hereunder are granted
under and subject to the express condition that the person to whom
the same is issued shall indemnify, save and keep harmless the Borough
of Wilson from any loss and damages, or otherwise whatsoever, or by
any leak, explosion or any other injury from any pipe, apparatus,
conduit, or any other matter placed in the said excavation.
I.
The applicant shall notify the Code Enforcement Officer
who will notify the Borough Engineer when the opening or excavation
is ready for backfilling before any backfilling is done, when backfilling
work is completed, when the temporary paving has been installed and
when the street has been permanently restored, so that inspections
may be made.
J.
In the event that any work performed by or for a permit
holder shall, in the opinion of the Borough Engineer, be unsatisfactory,
and the same shall not be corrected in accordance with his instructions
within the time fixed by him, or in the event that the work for which
the permit was granted is not completed within the time fixed by the
Borough Engineer, the Borough of Wilson may proceed to correct such
unsatisfactory work or complete any such work not completed and charge
the cost thereof, plus 20% to the applicant.
In the case of any leak, explosion, or other
accident in any subsurface pipe, line, construction or apparatus,
it shall be lawful 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 all provisions of this article are
fully complied with. 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 Code Enforcement Officer,
after such notice as he shall deem necessary under the circumstances
of the particular case, shall proceed to have the Borough of Wilson
do the work necessary and required by such emergency, and charge the
same on the basis of cost plus 20% portent to such owner or person.
The permission herein granted does not confer
upon the permittee or its contractors the right to cut, remove or
destroy trees or shrubbery within the legal right-of-way except under
specifications, regulations and conditions as the Borough of Wilson
may prescribe.
A.
The Code Enforcement Officer shall give timely notice
to all persons owning property abutting on any street within the Borough
of Wilson about to be paved or improved and to all public utility
companies operating in the Borough of Wilson, and all such persons
and utility companies shall make all water, gas, or sewer connections,
as well as any repairs thereto which would necessitate excavation
of the said street, within 30 days from the giving of such notice,
unless such time is extended in writing for cause shown by the Code
Enforcement Officer.
B.
New paving shall not be opened or excavated for a
period of five years after the completion thereof; except in case
of emergency, the existence of which emergency and necessity for the
opening of such paving to be determined by the Code Enforcement Officer.
If it is sought to excavate upon or open a sewer within five years
after the completion of the paving, applicant shall make written application
to the Borough of Wilson, and a permit for such opening shall be issued
only after express approval by the Borough of Wilson.
If at any time in the future the roadway is
widened, reconstructed or the alignment or grades are changed, the
permittee further agrees to change or relocate all or any part of
the structures covered by this permit which interfere with the improvement
of the roadway at his or its own cost and expense.
No new water, sewer, steam, or gas main or electric,
telephone or other utility line shall hereafter be laid or constructed,
and no such existing main or line shall be extended, in any of the
streets of the Borough of Wilson until the plan therefor shall be
first filed with the Code Enforcement Officer and such plan approved
by the Borough Engineer or someone the Borough Council designates.
No company, corporation or association shall
dig up any street or alley without first giving the Borough of Wilson
a bond with some acceptable trust or surety company as surety in the
sum determined by the schedule of fees, conditioned for the faithful
performance of these provisions and also for any and all damages,
claims, demands, suits, costs and counsel fees occasioned or arising
form the digging up, opening or closing of said streets and alleys.
Payment for all work done by the Borough of
Wilson 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 of Wilson. Upon
failure to pay such charges within such time, the same shall be collectible
by the Borough of Wilson by a civil action or in the manner provided
by law for the collection of municipal claims.
Any person, firm, or corporation who shall violate
any provision of this article shall, upon conviction thereof, be sentenced
to pay a fine of not more than $600 and, in default of payment, to
imprisonment for a term not to exceed 90 days. Every day that a violation
of this article continues shall constitute a separate offense.
The provisions of this article shall not apply
to laying sidewalks or curbs.
