[Adopted 4-26-1982 by Ord. No. 231 (Ch. 21, Part 1 of the 1990 Code)]
A. 
It shall be unlawful for any person, association, or corporation to stop, obstruct, or redirect any public street; to obstruct or change drainage within, or onto, the right-of-way; or to commit any other nuisance thereon such as felling trees, making fences, or other such actions.
B. 
It shall be unlawful for any person, association, or corporation to construct, alter, or repair any facility within the right-of-way of any Borough street, including, but not limited to, driveways; pipes, conduits, sewers or drains of any description; curb or sidewalk; poles, signs, or similar aboveground facilities; or for any other purpose, without first securing a permit as hereinafter provided.
A. 
A written application for a permit to construct, alter, or repair any facility within the right-of-way of any Borough street shall be made to the Borough Secretary. Such application shall be made upon forms to be furnished by the Borough and shall set forth the purpose of the work in the right-of-way, descriptions and exact location of the work to be performed, the approximate size or depth thereof, and 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 agree to assume all liability for all or any damages to person or property accruing to the public or to the said Borough, which may or might result from the opening, excavation, or occupying of the right-of-way.
B. 
Supplemental information such as storm drainage calculations, evidence of ownership, construction plans, or similar documents shall be submitted with the application as required to insure full and complete compliance with the intent of this article.
Whenever the exigencies of public health or safety require that instant repairs be made, and the procurement of a permit prior to the commencement of the work is impracticable, it shall be lawful for the said work to be begun without a permit, provided that an application for said permit is filed and the proper fee paid within 48 hours from the time when the emergency arose, and provided further that any person or persons, firm, association or corporation beginning said work under the provisions of this section shall do so subject to the conditions and obligations imposed by this article or as though an application for a permit had been filed.
A. 
Application fee. An application fee in the amount as established from time to time by the Borough Council shall be paid to New Hope Borough at the time each application is filed.
B. 
Compliance deposit.
(1) 
In addition to the application fee, each application shall be filed with a compliance deposit to be used by the Borough to repair or complete any work, or to pay any costs incurred by the Borough, associated with a permit issued under the requirements of this article. Any portion of the compliance deposit not used will be refunded to the permittee with the certificate of compliance. The amount of the compliance deposit shall be as follows:
(a) 
Driveways. Including construction of new driveways and alterations to existing driveways, except that minor repairs or resurfacing shall not require a permit if the driveway is in full compliance with the standard details of this article. The fee shall be as established from time to time by resolution of the Borough Council.
(b) 
Signs, poles, or similar aboveground facilities. Except in the case of renewals where an application must be filed, but no permit fee or compliance deposit is required. The fee shall be as established from time to time by the Borough Council.
[Amended 8-13-1990 by Ord. No. 1990-2]
(c) 
Other projects. The compliance deposit shall be computed in accordance with the following standards:
[1] 
For openings or breaks in sidewalks, the sum as established from time to time by the Borough Council per square yard or fraction thereof, and for breaking the surface of any curb, the sum as established from time to time by the Borough Council for each linear foot or fraction thereof.
[2] 
For projects on any portion of right-of-way having an improved or paved surface, the sum as established from time to time by the Borough Council per square foot or fraction thereof.
[3] 
For projects on any portion of right-of-way having an unimproved surface, the sum as established from time to time by the Borough Council per square yard or fraction thereof.
[4] 
For projects on any portion of right-of-way involving an existing roadside ditch or open drainage channel, the sum as established from time to time by the Borough Council per square yard in addition to Subsection B(1)(c)[3] above.
(2) 
Persons, firms, corporations, or utilities conducting several openings each year may post an annual bond in an amount not less than $1,000 which shall be accompanied by corporate surety and conditioned that it will save the Borough harmless from any and all damages or costs incurred for each opening. However, if the cost of projects permitted at any one time exceeds the bond amount, the Borough reserves the right to require an additional deposit to include any excess construction cost.
C. 
Construction cost. The permittee is responsible for all cost and expenses of making and maintaining temporary or permanent restorations of disturbed areas.
D. 
Inspection costs. The applicant shall be responsible for payment of all inspection charges to the Borough. Before the Borough Engineer shall issue a final certificate of compliance, all fees and statements invoiced to the Borough for inspection charges by the Borough Engineer shall be paid in full. When a compliance deposit is required, all inspection charges shall be paid from said deposit and all excess funds shall be returned to the applicant.
E. 
Insurance. Before any permits provided for by this article may be issued to any person, firm or corporation, there shall be filed with the Borough a certificate indicating in force coverage of public liability with a limit of at least $100,000, showing the Borough of New Hope as additional insured.
[Amended 8-13-1990 by Ord. No. 1990-2]
A. 
Permits shall be issued by the Borough Engineer and shall not be valid for more than 60 days from the date of issuance. Permits may be renewed for an additional 60 days upon payment of a renewal fee as established from time to time by the Borough Council.
B. 
The Borough Engineer shall inspect the work periodically at its various stages to determine the degree of compliance with this article. The Engineer shall be given a minimum of 24 hours' notice before installation of the backfill, base and surface treatment. Failure to provide such notice shall be sufficient reason to rescind the permit.
All measurements and calculations required to be made in applying the above fees and compliance deposit shall be verified by the Borough Engineer and shall include any enlargement of openings which may be required to be made as an incident of the repair of such paving or to restore the same to its former condition. Such determination of the Borough Engineer shall be final.
A. 
All materials, openings or excavations made or obstructions created under such permits must be properly marked from sunset to sunrise by red lights so placed as to indicate, from the roadway in both directions, the exact location and limits of said work or obstruction, and at all times must be properly guarded.
B. 
The contractor shall be required to satisfy all requirements of Pennsylvania Act 287, House Bill 2543, entitled "Excavation and Demolition Work-Protection of Underground Utilities,"[1] in locating underground utilities on the plans for work and in notifying all companies for location of utilities at work locations.
[1]
Editor's Note: See 73 P.S. § 176.
A. 
The filing of an application by a public service corporation, and the issuance of a permit for laying of water or gas pipe or conduit for electric wires or for the erection of an electric light, telephone, telegraph, trolley or any other pole, shall constitute an agreement on the part of the applicant that it will at any time thereafter, upon notice from the Borough, at its own expense, make such change in location or construction of such pipe, conduit or pole as may be required.
B. 
The work authorized by the permit shall be done at such times and in such manner as shall be consistent with the safety of the public, and shall be subject to all conditions, restrictions and regulations herein prescribed.
C. 
The permission granted by the permit does not relieve the permittee from obtaining any consent otherwise required from the owner or owners of abutting property, and does not confer upon the permittee the right to cut, remove or destroy trees or shrubbery within the legal limits of the right-of-way, except under such conditions, restrictions and regulations as are prescribed by law. If any trees are removed within the limits of the right-of-way by consent of the property owner, the stumps must be cut to ground level or removed entirely, if required by the Borough Engineer. Any trees or shrubbery within the legal limits of the right-of-way must be shown on the initial application submitted to the Borough in order for the Borough Engineer to complete the necessary requirements and to determine whether consents are necessary for removal of such trees.
A. 
Construction materials and requirements. All materials and construction requirements shall satisfy PennDOT Form 408 Specifications unless specified otherwise in this article.
B. 
Driveways.
(1) 
Every land, driveway, and entrance road connecting with any public right-of-way shall be constructed or altered in accordance with current geometric design standards of the American Association of State Highway and Transportation Officials. Residential driveways shall be constructed in accordance with the Standard Details for Residential Driveways, Sheet No. 222-1 of this article.[1]
[1]
Editor's Note: The Standard Details for Residential Driveways illustration is included at the end of this chapter.
(2) 
Surface drainage shall not be blocked or diverted from the course of the gutter. Drainage from the driveway shall flow into the gutter and not upon the roadbed.
C. 
Sidewalks, curbs and gutters.
(1) 
Sidewalks, curbs, and gutters shall not be placed within the right-of-way of a Borough street without an approved line and grade except where repairs to existing facilities involve no change in line or grade.
(2) 
The Borough Engineer is hereby empowered to give or define grades or lines for the placing or replacing of sidewalk, curb or gutter within the boundaries of any public right-of-way. The Borough Engineer may submit a statement for performing this service and all applicants for permits must pay this charge to the Borough before any such permits shall be issued by the Borough Engineer.
D. 
Trench construction. Every trench excavation within any public right-of-way shall be constructed in accordance with the Trench Repair Details, Sheet No. 222-2 of this article.[2]
[2]
Editor's Note: The Trench Repair Details illustration is included at the end of this chapter.
E. 
Drainage facilities. All drainage facilities shall be designed and constructed in accordance with current engineering standard practices. Both new and replacement facilities, including storm drains, open channels, etc., shall accommodate the volume and rate of stormwater runoff regardless of any preexisting conditions at the construction site.
A. 
Upon completion of the work, the permittee shall request a final inspection by the Borough Engineer. The Borough Engineer shall then determine whether all of the requirements and regulations of the Borough of New Hope and any other governmental or regulatory authority have been complied with by the permittee.
B. 
The Borough Engineer shall also make a determination that all fees and charges pertaining to the project and due to the Borough of New Hope have been paid in full.
C. 
After the Borough Engineer has made a determination of the satisfactory completion of the project and the fact that all fees and charges have been paid in full, he shall issue a certificate of compliance.
D. 
The Borough shall release to the applicant all funds remaining in the escrow account only after presentation of a certificate of compliance issued by the Borough Engineer.
A. 
In the event of willful failure or neglect by the permittee to perform and comply with the conditions of this article, the Borough may revoke the permit and order the permittee to remove any and all structures, facilities or property belonging to the permittee and covered by this permit within the legal limits of the Borough right-of-way. Further, any owner, person, firm, association or corporation who shall violate any of the provisions of this article or who shall fail to comply with the conditions or requirements of any permit granted in accordance with the provisions of this article shall, upon conviction thereof, be liable to pay a fine or penalty of not less than $200 nor more than $600 and costs, or in default of payment thereof, shall be subject to imprisonment for a term not to exceed 30 days. A new and separate offense shall be deemed to have been committed for each day that said violation exists.
[Amended 8-13-1990 by Ord. No. 1990-2]
B. 
All fines and penalties imposed by this article are recoverable by proceedings before any District Justice and all suits or actions at law instituted for the recovery thereof are to be in the name and for the use of the Borough of New Hope against which the offense is committed, and upon recovery thereof, all such fines and penalties are to be paid into the treasury of the Borough.
C. 
If the permittee, after making the opening in the highway, fails to restore same, the Borough may complete said restoration and bill the permittee for the cost.
D. 
The permittee shall be responsible for and pay all additional costs which may be assessed and which are not covered by or for which there is not a sufficient escrow account posted.
E. 
The Borough retains all rights to enter suit against applicant or permittee in either law or equity.