[Adopted 9-3-1956 by Ord. No. 366, approved 9-3-1956]
This article shall be known as the "Street Opening Ordinance
of the Borough of Eddystone."
All matters concerning the construction, placing, repair or
alteration of any highway within the dedicated width of the public
highway shall be considered within the scope of this article, together
with any alleys laid out on the Official Borough Map.
No highway, street or alley shall be altered in any manner that
would violate any of the provisions hereof or any rule promulgated
hereunder.
[Amended 9-14-1970 by Ord. No. 414, approved 9-14-1970]
No street, highway or alley shall be opened between curblines
for repairs or work of any description and no highway, street or alley
shall be repaired, altered or constructed without first obtaining
a permit for the same, issued by the Borough Secretary or other Borough
officer designated by resolution of Council, upon a form prescribed
by Borough Council. Each permit shall be numbered consecutively and
a record thereof shall be submitted to the Borough auditors. All moneys
received from such permits shall be remitted to the Borough Treasurer
on or before the stated meeting after they are received. Such permits
shall be in triplicate; the original and one copy shall be given to
the applicant, and the triplicate shall be retained permanently in
the receipt book.
No permit shall be issued under this article without first receiving
written application upon a form prescribed by Borough Council, together
with all prescribed fees and costs, except in the case of emergency
openings for repair of existing facilities, which may be made upon
verbal application to the Police Department followed promptly by written
application and payment of fees and costs as provided in this article.
Any permit issued under the terms hereof shall be valid for
a period of 30 days from the date of issue. If work is not commenced
within 30 days and diligently pursued until completion, such permit
shall, at the expiration of said 30 days, become null and void without
any refund being made therefor. Thereafter, a new permit shall be
required in the event that it is desired to proceed with the work
contemplated in the voided permit. Such new permit shall be issued
upon payment of an additional permit fee, but credit will be allowed
for previous payment of such other charges paid at the time of issuance
of the voided permit.
Openings in the roadways and alleys shall be replaced in accordance
with the specifications furnished or approved by the Borough Engineer.
Openings in the roadways of state highways shall require permits
from and be subject to regulations and requirements of the State Highway
Department.[1]
A.
Where openings are made in paved roadways or alleys, the material
comprising the paving and base shall be carefully removed and piled
apart from the earth excavated. All openings shall be promptly backfilled,
and earth backfill shall be placed in layers not exceeding six inches
in depth and each layer shall be thoroughly tamped before placing
the next succeeding layer. The material comprising the paving and
base of paved streets shall be carefully replaced, thoroughly tamped
and a suitable temporary surface provided. The temporary surface of
paved roadways or alleys as provided herein shall be maintained in
good condition until such time as the backfill has thoroughly settled,
after which time the opening shall be permanently repaired and resurfaced
in a manner acceptable to the Highway Committee and/or the Borough
Engineer.
B.
The backfill of openings in unpaved roadways or alleys from six inches
below the original surface to the original surface of the roadway
shall be made with thoroughly tamped cinders or other aggregate designated
by the Borough Engineer. The surface of unpaved roadways shall be
maintained in good condition until such time as the backfill has thoroughly
settled.
C.
In all cases the backfill and temporary resurfacing shall be done
by the applicant for a permit. The temporary surface shall be maintained
by the applicant except in cases where the permanent paving and surfacing
is to be restored by the Borough.
The Highway Committee or Borough officer issuing the permit
shall determine in each case whether the permanent repairing and resurfacing
shall be done by the applicant or whether it shall be done by the
Borough.
In all cases, the estimated cost of all work necessary for repairing
and resurfacing any roadway or alley opening, together with the estimated
cost of necessary subsequent repairs, shall be paid in cash or secured
by bond, as the Highway Committee or Borough officer issuing the permit
may determine in each case, prior to granting said permit to make
an opening in any roadway.
A.
In addition to other safeguards which may be required by the Highway
Committee by the circumstances of any given case, the applicant for
any permit shall be responsible for maintaining adequate guards and
lights to prevent accidents to traffic, and said applicant shall be
liable for any damage or injury to persons or property and shall save
harmless and indemnify the Borough from all suits or sections of any
kind whatsoever in connection with work for which a permit has been
issued.
B.
Borough Council or its Highway Committee shall have the right to
require of each applicant for a permit, either with or without the
cash payments above provided, a proper surety bond or bonds and to
prescribe the amount therefor, conditioned to indemnify the Borough
against all liability or loss on account of the negligent or improper
doing of the work authorized in any such permit, including damage
to or destruction of property, and against all liability or loss occasioned
by the failure of the applicant to properly complete, finish and pay
the cost of making any such opening or excavation and the final restoration
of the surface as above provided.
A.
A permit shall be required to open or excavate any highway or alley.
Said permits shall be issued by the Borough Secretary or other Borough
officer designated by resolution of Council upon written application
and payment of fees and charges as hereinafter provided.
B.
The permit fee to be paid with each application for permit shall
be $6 for each and every opening to be made in any paved or unpaved
roadway or alley. The required permit shall be in the hands of the
person in direct charge of the work and be available for inspection
by a police officer when requested.
[Amended 12-28-1976 by Ord. No. 447, approved 12-28-1976]
[Amended 9-14-1970 by Ord. No. 414, approved 9-14-1970]
A.
Where openings are made in roadways or alleys and the restoration
of permanent paving is to be made by the Borough, the applicant shall
pay with the application for permit, in addition to all other fees
and charges, the sum of $50 per square yard or fraction thereof of
surface opening in paved roads and $20 per square yard or fraction
thereof of surface opening in unpaved roadways as the estimated cost
to the Borough for restoring and necessary subsequent repairing of
permanent paving and surfacing. Areas of roadway openings shall be
computed on the basis of the longest dimension plus one foot and the
shortest dimension plus one foot.
[Amended 4-11-1977 by Ord. No. 448, approved 4-11-1977; 5-9-1983 by Ord. No.
482, approved 5-9-1983]
B.
Tunneling or undercutting is hereby prohibited unless permission
is first obtained from the Chairman of the Highway Committee or other
designated Borough officials, and charges will be made on the basis
of the equivalent area of surface opening required to avoid trenching.
[Amended 2-17-1975 by Ord. No. 438; 1-9-1989 by Ord. No. 524, approved 1-9-1989]
Any person who shall be convicted of a violation of any of the
provisions of this article before any District Justice shall be sentenced
to pay a fine of not more than $1,000 and costs of prosecution and,
in default thereof, to imprisonment in the county jail for a term
not to exceed 30 days.
