[Adopted by Ord. No. 1975-4 as Sec. 9-2 of the Revised General Ordinances; amended in its entirety 5-13-1997 by Ord. No. 1997-4]
A.
The property owner for whom the street opening is being performed and/or the contractor performing the street opening shall be jointly and severally liable for payment of the fees and deposits as stated in §§ 186-4 and 186-13, and both shall be responsible for satisfactory backfilling and street surface restoration. It shall be the responsibility of the Borough Engineer or designate to determine the deposit necessary to cover the cost of entire excavation process. Upon completion of the backfilling and surface restoration procedure and a satisfactory inspection thereof by the Borough Engineer or designate, the Borough Clerk is authorized to release the balance of the performance guaranty held under § 186-4B, above. Should the property owner and/or contractor not backfill and resurface the street in a manner deemed satisfactory to the Borough Engineer or designate, the borough may make the necessary repairs to restore the roadway to its original condition and deduct the cost thereof from the performance guaranty funds on deposit and return the balance remaining, if any, to the property owner and/or contractor.
B.
The maintenance guaranty of $500 under § 186-4D shall be held by the borough in escrow for a one-year period from the date of the backfilling and resurfacing of the street, as a guaranty that any subsequent settling or other surfacing restoration problems will be corrected by the property owner and/or contractor. Should the backfilling and surfacing procedure be determined at any time during the one-year period to be unsatisfactory by the Borough Engineer or designate, the borough shall make the necessary repairs in order to restore the roadway to its original condition and shall cause the cost of such repairs to be charged against the property owner's and/or contractor's maintenance deposit. Upon expiration of the one-year period and inspection by the Borough Engineer or designate and Borough Clerk, said backfilling and surface restoration procedure is found to be satisfactory, the Borough Clerk is authorized to release the maintenance deposit under § 186-4D above to the property owner and/or contractor.
If any guaranties on deposit are insufficient
to pay for the costs of proper backfilling and resurfacing of the
street, the property owner and/or contractor shall be liable for and
shall make additional payments to the borough as determined to be
necessary by the Borough Clerk on the recommendation of the Borough
Engineer or designate.
A.
The certificate of insurance required by the property
for whom the street opening is being performed and/or contractor performing
the street opening shall indicate that he and/or she is insured against
claims for damages for personal injury as well as against claims for
property damages which may arise from or out of the performance of
the work, whether such work is by the property owner, the contractor,
his or her subcontractor or anyone directly or indirectly employed
by him or her. Such insurance shall include protection against liability
arising from completed operations and shall provide complete third-party
coverage for the borough.
B.
The amount of such insurance shall be prescribed by
the Borough Engineer or designate in accordance with the nature of
the risk involved; provided, however, that the liability insurance
for bodily injury in effect shall be in an amount not less than $1,000,000
for each person and $500,000 for each accident and for property damages
an amount not less than $200,000.
C.
Failure of the applicant to file such certificate
shall be grounds for denying a permit.
D.
Municipal departments, franchised public utilities
and other governmental agencies may be relieved of the obligations
of submitting such a certificate if they do the work contemplated
under the permit with their own personnel or with a contractor insured
as required; however, such waiver shall not release any such organization
from any and all liability under any of the obligations provided herein.
In the event of an emergency where circumstances
will not warrant delay to first secure a street opening permit, a
street may be opened without a permit; provided, however, that such
opening shall be confined in size to the area necessary to take care
of the emergency. A street opening permit for said emergency opening,
plus any additional area that it may be necessary to open, shall be
secured before the close of business on the next business day of the
borough following the opening. Each day's delay in securing the street
opening permit following an emergency street opening shall be deemed
a distinct and separate violation of this article.
