As used in this article, the following terms shall have the
meanings indicated:
EXCAVATION
Any and all activity within the right-of-way of any street,
alley, lane 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."
PERSON
Includes any natural person, partnership, firm, association
or corporation.
STREET
Any public street, avenue, road, square, alley, highway or
other public place located in the Borough of Baden and established
for the use of vehicles, and shall also include public sidewalks wherever
said sidewalks are located within the boundary lines of any public
street, avenue, road, square, alley or highway.
It shall be unlawful for any person or persons to open, in any
way disturb or to make an excavation of any kind in any street within
the Borough of Baden for any purpose without first securing a permit
therefor, as hereinafter provided.
[Added 6-15-2011 by Ord.
No. 911]
A. No permit shall be issued which would allow an excavation or opening
in a paved and improved street surface that is less than five years
old, unless the applicant can demonstrate clearly that:
(1)
The public health or safety requires that the proposed work
be permitted; or
(2)
An emergency condition exists that requires that the work be
performed.
B. If said permit is issued, the applicant shall be required to pave/restore/overlay
a minimum twelve-foot width (or the entire cartway width if deemed
appropriate by the Borough Secretary), which width shall run the entire
length of the opening, plus 50 feet on each of the two sides of the
opening, and shall be completed in accordance with Borough specifications.
Before any permit shall be issued to open or excavate any street
in the Borough, the applicant shall pay the Borough Secretary a permit
fee in the minimum amount of $100 to cover the cost of inspection
and other incidental services in connection therewith. When application
shall be made to open or excavate any longitudinal opening or excavation
in excess of three square yards, before any permit shall be issued,
the applicant shall pay, in addition to the minimum fee, $25 for each
additional square yard or fraction thereof above the initial three
square yards.
[Added 2-20-2013 by Ord.
No. 921]
All work in connection with openings or excavations in any street
or sidewalk, including excavation, protection, refilling and temporary
paving, shall be done by the applicant at his expense, and all such
work shall be subject to the provisions of this article and to the
supervision and approval of the Street Department Foreman. However,
the Street Department Foreman may require that cutting of the surface
of improved streets or sidewalks and the backfilling of all excavations
shall be done by the Borough and the charge therefor shall be paid
by the applicant on the basis of actual costs of the work plus 10%.
[Added 2-20-2013 by Ord.
No. 921]
A. Every person who shall open or excavate any street or sidewalk in
the Borough shall thoroughly and completely refill the opening with
granulated slag or equivalent so as to prevent any settling thereafter
and shall restore the surface to the same condition as it was before
the opening or excavation. Such restoration shall be in accordance
with the specifications of the Pennsylvania Department of Transportation,
which are hereby adopted as specifications of the Borough for restoration
of surfaces of streets and sidewalks. As restored, the surface shall
conform to the proper grade and be of the same surface covering as
the part of the street or sidewalk immediately adjoining the opening.
If, within two years after the restoration of the surface, as herein
provided, defects shall appear therein, resulting from defective backfilling
or restoration by the applicant, the applicant shall redo the work
within the period of time set by the Street Department Foreman or
reimburse the Borough for the cost of all necessary repairs, backfill
and/or restore the surfaces of the street and sidewalks.
B. Old fill, soil, broken pavement, stones, roots and any other material
or debris shall not be used in the aforesaid backfill.
[Added 2-20-2013 by Ord.
No. 921]
A. No opening or excavation 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 opening or excavation in any street shall extend more than 500
feet longitudinally at any one time.
C. The work of opening or excavation shall be conducted so as not to
interfere with access to fire hydrants, fire stations, water mains,
sewers or their connections or any other subsurface lines or constructions,
until permission of the proper authorities in connection with such
subsurface lines or constructions shall have been obtained.
D. No tunneling shall be allowed without the express approval of the
Street Department Foreman and permission therefor endorsed upon the
permit. The backfilling or a tunnel excavation shall be made only
in the presence of the Street Department Foreman or inspector designated
by him and shall be done only in a method approved by him.
E. All openings or excavations shall be backfilled promptly with suitable
materials and thoroughly compacted in layers, each of which shall
not exceed six inches in depth.
F. On improved streets, the backfilling shall be placed to within 10 inches of the surface and in compliance with §
163-2.5 of this article.
G. On unimproved streets, a temporary paving of suitable stony materials,
thoroughly bound and compacted, shall be installed flush with the
surface of the adjoining surface.
H. During the making of any opening or excavation, every necessary and
reasonable precaution shall be taken by the applicant to keep the
street or sidewalk in a safe and passable condition both by day and
night by guards, barriers, lanterns and other devices. All permits
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 from any loss, in damages or otherwise whatsoever, which
may or shall be occasioned at any time by the said opening or excavation
or by any leak, explosion or other injury from any pipe, apparatus,
conduit, or any other matter placed in the said opening or excavation.
I. The applicant shall notify the Street Department Foreman when the
opening or excavation is ready and the backfilling is to be done,
in the case of unimproved streets, and before temporary paving, in
the case of improved streets and sidewalks.
J. In the event that any work performed by or for an applicant shall,
in the opinion of the Street Department Foreman, 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
Street Department Foreman, the Borough may proceed to correct such
unsatisfactory work or complete any such work not completed and charge
the cost thereof, plus 20%, to the applicant.
K. On all improved streets, prior to finishing the surface, the applicant
shall place a six-inch-thick concrete pad underneath said surface
and extending at least six inches beyond the limits of the opening/excavation
in all directions.
L. The applicant shall, at all times and at his or its own expense,
preserve and protect from injury any adjoining property by providing
proper foundations and taking other measures suitable for that purpose.
The applicant shall, at his or its own expense, shore up and protect
all buildings, walls, fences or other property likely to be damaged
during the progress of the opening or excavation work and shall be
responsible for all damages to public or private property or streets
or sidewalks resulting from his or its failure to properly protect
and carry out said work. Whenever it may be necessary for the applicant
to trench through any lawn area, said area shall be reseeded or the
sod shall be carefully laid out, rolled and replaced with the said
cut sod or new sod after ditches have been backfilled as required
by this article. All construction and maintenance work shall be done
in a manner calculated to leave the lawn area in a condition as nearly
as possible to that which existed before such work began. Furthermore,
the applicant shall replace, by like kind and size, any trees or shrubs
removed from said area at his or its cost and expense.
M. As the opening/excavation work progresses, the street or sidewalk
shall be thoroughly cleaned of all rubbish, excess earth, rock and
other debris resulting from such work. All cleanup operations at the
location of the opening/excavation shall be accomplished at the expense
of the applicant and shall be completed to the satisfaction of the
Street Department Foreman. From time to time, as may be ordered by
the Street Department Foreman and in any event immediately after completion
of said work, the applicant shall, at his or its expense, clean up
and remove all refuse and unused materials of any kind resulting from
said work. Upon failure to do so within 24 hours of receiving notice,
said work may be done by the Borough and the applicant shall be liable
to it for the cost thereof plus 20%.
N. After any excavation is commenced, the applicant shall proceed expeditiously
so as not to obstruct public travel any more than necessary. Thus,
the applicant must renew its permit every 15 days through the Street
Department Foreman.
O. Except for instances of emergency, the applicant shall conduct and
carry out its excavating and restoration between the hours of 7:00
a.m. and 10:00 p.m. in a manner that minimizes inconvenience and annoyance
to the general public and neighboring property owners.
In 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 opening or excavation to remedy such condition
without first securing a permit, provided that an application for
a permit shall be made immediately and not later than the next business
day, 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, the Street Department Foreman
shall proceed as necessary to do the work and alleviate the emergency
situation and charge the cost thereof plus 10% to such owner or person
responsible.
Any person, whether as principal, agent or employee, violating
or assisting in the violation of any provision of this article shall,
upon conviction thereof, be sentenced to pay a fine of not more than
$1,000, plus the costs of prosecution thereof, and, in default of
payment of such fine and costs, to undergo imprisonment for not more
than 90 days; provided, however, that each violation of any provision
of this article and each day the same is continued shall be deemed
to constitute a separate offense. All fines shall be payable to the
Borough.