[Adopted 1-9-1989 by Ord. No. 314]
This article shall be known as the "Road Opening
Ordinance of the Borough of Bradford Woods."[1]
The following words, when used in this article,
shall have the meanings ascribed to them in this section, except in
those instances where the context clearly indicates otherwise:
Includes all digging, trenching, tunneling, boxing, driving
or any other means of disturbing an improved or unimproved area within
a street.
Includes any natural person, partnership, firm, association,
or corporation.
Any public street, avenue, road, square, alley, highway,
or other public right-of-way located in the Borough of Bradford Woods,
and includes any unimproved areas within the street right-of-way limits.
No person shall make any excavation of any kind
in any street within the Borough of Bradford Woods unless such person
has first obtained a permit as hereinafter provided.
A.
Any person who desires to make any excavation in any
street within the Borough of Bradford Woods shall make application
by accessing the "Pennsylvania One-Call System," and providing all
of the information required thereby. A copy of said application shall
be contemporaneously provided by the applicant to the Borough Building
Inspector (or, in his absence, the Borough Secretary), together with
three copies of a drawing indicating the location and extent of the
work to be performed. A public utility shall be relieved of the obligation
of submitting such application copy to the Borough official.
B.
The making of such application shall carry with it
the implication that the applicant covenants and agrees that the proposed
work shall be done in full compliance with the ordinances of the Borough
of Bradford Woods, and the laws of the Commonwealth of Pennsylvania,
relating to such work, and that the applicant shall indemnify and
save harmless the Borough of Bradford Woods from and against any and
all actions, suits, demands, payments, costs and charges, including
attorney fees, for or by reason of the proposed excavation, and any
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 related thereto.
A.
Each applicant, upon the submission of an application
for a permit, shall provide the Borough of Bradford Woods with an
acceptable certificate of insurance indicating that he is insured
against claims for damages for personal injury and for property damage
which may arise from or out of the performance of the work, whether
by himself, his subcontractor, or anyone directly or indirectly employed
by him. Such insurance shall cover collapse, explosive hazards, and
underground work by equipment on the street, and shall include protection
against liability arising from completed operations. Evidence of such
insurance may be filed with the Borough on an annual basis.
B.
The amount of insurance shall be as prescribed by
the Borough Council from time to time by resolution.
C.
A public utility may be relieved of the obligation
of submitting such an insurance certificate if it submits satisfactory
evidence that it is insured or has adequate provisions for self-insurance
in accordance with the requirements of this section, or any resolution
adopted pursuant hereto.
Before any permit shall be issued to excavate
any street within the Borough of Bradford Woods, the applicant shall
pay to the Borough Building Inspector (or, in his absence, the Borough
Secretary) the appropriate fee pursuant to the schedule established
from time to time by resolution of Borough Council.
A.
No application shall be accepted, nor shall any permit
be issued, unless the applicant deposits with the Borough Building
Inspector (or, in his absence, the Borough Secretary), either a surety
bond written by a surety company authorized to do business in the
Commonwealth of Pennsylvania; cash or certified check payable to the
Borough; or letter of credit issued to the Borough, to guarantee the
restoration of the surface of the excavation as required by this article
in an amount determined by the Borough Council from time to time by
resolution.
B.
The bond, deposit of cash, or certified check shall
be retained without interest, and the letter of credit issued, for
one year from the date of completion of the work. In the event the
restoration of the surface of the excavated street is deemed to be
improper, faulty, defective, or not done at all, then, in such case,
the permit holder shall be given a ten-day written notice to make
such repair or restoration as shall be deemed proper. Upon the failure
of the permit holder to comply with the terms of the notice, the Borough
of Bradford Woods is hereby authorized to have such repair or restoration
immediately completed and to charge the cost thereof, plus 20% for
overhead, to the permit holder. Any subsidence, or any other defect
which can be attributed to improper restoration, within one year of
the completion of the work shall be conclusively presumed to be the
responsibility of the permit holder, and the permit holder shall be
required to correct the improper restoration as herein set forth.
At the expiration of the one-year term, the Borough of Bradford Woods
shall return or refund the permit holder his bond, cash or certified
check, or return his letter of credit, or portion of the same, to
which the permit holder is entitled.
C.
A public utility shall be permitted to file one continuing
bond for street opening work done within the Borough in such amount
and in such form as shall be deemed appropriate by Borough Council.
A.
No excavation of any street shall extend from the
curb or sideline into the street a distance greater than one foot
beyond the center line of the street before being properly filled,
and the surface of the street restored to a condition safe and convenient
for travel.
B.
No more than 500 feet longitudinally shall be excavated
in any street at any one time.
C.
The work of excavation shall be conducted so as not
to interfere with water mains, gas mains, electrical conduits, sewers,
or their connections with buildings, or any other subsurface lines
or constructions, until permission of the proper authorities in connection
with such subsurface lines or construction shall have been obtained.
D.
No tunnelling shall be allowed without the approval
of the Chairman of the Borough Road Committee and his permission therefor
endorsed upon the permit.
E.
The backfilling of any excavation shall be done only
in the presence of an inspector of the Borough of Bradford Woods and
shall be done only in a method approved by said inspector.
F.
All excavations shall be backfilled promptly with
suitable materials and thoroughly compacted in layers each of which
shall not exceed six inches in depth. On improved streets, the backfilling
shall be placed to within 10 inches of the surface. Backfill shall
be modified 2B crushed stone conforming to PennDOT specifications
within paved areas and improved shoulders. Backfill in unimproved
areas of streets shall be with materials approved by the Borough Engineer.
G.
On improved streets, a temporary paving of suitable
bituminous materials, thoroughly bound and compacted, shall be installed
by the applicant flush with the surface of the adjoining paving.
H.
During the making of any excavation in any street,
every necessary and reasonable precaution shall be taken by the applicant,
and the parties making the same, to keep the streets in a safe and
passable condition during both day and night by guards, barriers,
lanterns and other devices; and all excavating permits are authorized
to be granted only 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 Bradford Woods from any loss whatsoever, including
attorney's fees, which may or shall be occasioned at any time by the
excavation, or by any leak, explosion, or other injury from any pipe,
apparatus, conduit, or any other matter placed in the excavation.
I.
The applicant shall notify the Road Supervisor when
the excavation is ready for backfilling and before any backfilling
is actually done. Said Chairman shall thereupon notify an appropriate
inspector who shall at once undertake his inspection duties.
J.
The applicant, upon completion of his work, shall
restore the surface of the street to as good a condition as it was
before the work was commenced (matching existing material in all respects).
K.
Existing pavement which is removed in the course of the work shall
initially be vertically saw cut, the full depth of the pavement, and
at the width of the proposed trench. Once all backfilling has been
completed, and immediately prior to the completion of trench area
paving, additional saw cutting shall be performed such that the existing
pavement shall be cutback a distance of at least two feet beyond the
outer limits of the trench in order to help bridge trench settlement.
All trench area paving shall be performed in straight lines or as
otherwise approved by the Borough or its engineer. The vertical face
of existing asphalt pavements shall be treated with asphalt tack coat
to help ensure proper bonding of the new asphalt material to the existing
material.
[Added 12-12-2022 by Ord. No. 469]
L.
If four
or more cumulative openings are made within 200 linear feet of pavement,
the Borough may require the applicant to restore the entire disturbed
pavement including the area between the openings by milling or other
approved method of preparation and resurfacing half the roadway (centerline
to curb) where openings are limited to a single lane or 1/2 of the
road width. In instances where the applicant has made openings on
both sides of the centerline of a road, or where the road is narrow,
the Borough may require that the applicant restore the entire width
of the roadway (curb to curb) by milling or other approved method
of preparation and resurfacing the entire length of the openings plus
10 feet past the end of the openings and in compliance with all other
Borough specifications.
[Added 12-12-2022 by Ord. No. 469]
M.
For any
street where cuts through the pavement equal 20% of the width of the
cartway, the applicant shall be required to mill/pave/restore/resurface
a minimum of 1/2 of the road when openings have been limited to a
single lane or 1/2 of the road width. In instances where the applicant
has made openings on both sides of the centerline of a road, or the
road is narrow, the engineer may require that the permittee restore
the entire width of the roadway (curb to curb) by milling or other
approved method of preparation and resurfacing the entire length of
the openings plus 10 feet past the end of the openings and in compliance
with all other Borough specifications.
[Added 12-12-2022 by Ord. No. 469]
A.
In the case of any leak, explosion, or other accident
to any subsurface pipe, line, conduit, or apparatus, it shall be lawful
for the person owning or responsible for the same to commence an excavation
to remedy such condition before securing a permit, provided that the
application for a permit shall be made immediately and not later than
the next business day thereafter, and that all other provisions of
this article are fully complied with. If any such emergency condition
shall not be immediately attended to by the owner of or person responsible
for such pipe, line, construction, or apparatus, the Borough of Bradford
Woods may proceed to do the work necessary and required by such emergency,
and charge the same on the basis of the cost thereof, plus 20% for
overhead, to such owner or other person.
B.
Payment for any work done by or for the Borough of
Bradford Woods under the provisions hereof shall be made by the person
made liable therefor within 30 days after a bill is sent to such person
by the Borough. Upon failure to pay such charges within the stated
time, the same shall be collectable by the Borough in the manner provided
by law.
The provisions of this article shall not apply
to the laying of sidewalks, or to the placing and location of utility
poles.
Any person, firm or corporation who shall violate
any provision of this article shall, upon conviction before the District
Justice having jurisdiction thereof, be sentenced to pay a fine of
not more than $600, plus costs of prosecution, and, in default of
payment of such fine and costs, be subject to imprisonment for not
more than 30 days.
