In accordance with the provisions of the Borough
Code and this article no opening or cut shall be made within any Borough
street for any purpose, whether it be to maintain, repair or install
any gas pipe, water pipe, sewer pipe, electrical conduits, or other
piping, nor shall any telephone or electric light or power poles,
or any other impediments be erected upon or in any portion of a Borough
street or right-of-way except under conditions, restrictions, regulations
and specifications for street repair as may be prescribed by the Borough
for such purpose.
An application for a permit to cut or open a
street shall be made on a form prescribed by the Borough and submitted
to the Borough in triplicate. The application shall be accompanied
by the applicable issuance and inspection fees in accordance with
the Borough of Coopersburg schedule of fees for roadway occupancy
permits. In addition, the applicant shall provide three copies of
a sketch showing such dimensions as the location of the intended facility,
width of the traveled roadway, right-of-way lines and a dimension
to the nearest intersecting street. If the applicant is proposing
to detour traffic, a detour plan must be submitted along with the
application for review and approval by the Borough. Prior to issuance
of the permit, the applicant shall deposit security in a form acceptable
to the Borough to be held in a non-interest-bearing escrow account
by the Borough to guarantee the restoration under or within the road
or right-of-way for a period of one year after completion of the work.
A permit will be issued to the applicant after
all the aforesaid documents have been filed and approved and the appropriate
security has been deposited.
The applicant shall notify the Borough at least
48 hours prior to the commencement of work and shall give written
notice upon completion of the work.
Following completion of the work authorized
by the permit, the Borough shall inspect the work and, when necessary,
enforce compliance with the conditions, restrictions, and regulations
prescribed by the permit. Where any settlement or defect in the work
occurs within one year following the date of completion, and if the
applicant shall fail to rectify any such settlement or other defect
within 10 days after written notice from the Borough to do so, the
Borough may do the work and shall deduct from the security the cost
thereof, together with an additional 20% of such cost. Any cost in
excess of the security shall be recoverable as provided by law. After
the one-year maintenance period the applicant shall request in writing
by certified mail that the Borough return any undisbursed funds remaining
in the escrow account. Following a review of the account to determine
the amount of the undisbursed funds, the Borough shall return such
remaining funds.
Persons performing survey work which necessitates
cutting hole(s) in the roadway pavement to find property corners or
other survey marks are exempt from the requirement of obtaining a
street occupancy permit. However, such persons are required to notify
the Borough that such holes were made and further to patch the holes
with bituminous stockpile patching material or cold patch following
completion of the survey work.
[Amended 4-23-1996 by Ord. No. 509]
Permit fees to cut or open public streets shall
be established by Borough Council on the basis of the purpose for
the cut, the length of interruption of traffic and the danger inherent
in making the cut or excavation, the anticipated time and extent of
inspection by Borough personnel of the intended cut, and the prospect
for necessary follow-up and maintenance. Such a fee schedule, as established
from time to time by resolution of Borough Council, shall be based
upon reasonable rates, both administrative and engineering, involved
in such activity from the beginning of the application procedure to
a reasonable termination time determined in accordance with generally
accepted engineering practices.
[Amended 4-23-1996 by Ord. No. 509]
Any person, firm, corporation or utility which
shall violate any of the provisions of this article shall be subject
to civil proceedings for the collection of a judgment of not more
than $600 and costs of action.
[Added 9-24-1996 by Ord. No. 512]
The Borough Secretary shall give timely notice
to all persons owning property abutting any street within the Borough
about to be paved or improved and to all public utility companies
operating in the Borough, and all such persons and utility companies
shall make all water, gas or sewer connections, as well as any repairs
thereto which would necessitate excavation of the said street within
30 days from the giving of such notice, unless such time is extended
in writing for cause shown by the Borough Council. New paving shall
not be opened or excavated for a period of five years after the completion
thereof, except in case of emergency, the existence of which emergency
and the necessity for the opening or excavating of such paving to
be determined by the Borough Council. If it is sought to excavate
upon or open a sewer within five years after the completion of the
paving, applicant shall make written application to the Borough Council,
and a permit for such opening shall be issued only after express approval
of the Borough Council.