Borough of Pennsburg, PA
Montgomery County
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Table of Contents
Table of Contents
A. 
The opening of the surface of any Borough street is prohibited unless a permit is obtained for that purpose in the manner hereinafter described. Such permit shall be granted through the Code Enforcement Officer when the person applying for such permit files an application in compliance with the provisions of this article and pays to the Borough the amount hereinafter stated.
B. 
Any person working in the vicinity of a Borough street who, in any manner, disturbs such street shall be required by this article to obtain a permit and correct this damage in accordance with the standards of this chapter. Street opening permits are not required for persons excavating adjacent to the curb for the express purpose of installing or replacing sidewalks and/or curbs, provided a curb and sidewalk permit has been obtained prior to such work.
C. 
The obtaining of street opening permits by the Borough shall be waived when work to be performed is completed by its own personnel.
D. 
All contractors performing work under contract for the Borough or Borough corporate authorities shall obtain the street opening permit for street opening work.
E. 
If street openings are necessitated by emergencies, street opening permits shall be obtained on the first regular business day on which the office of the Borough is open for business, and such permit shall be retroactive to the date when the work was begun.
F. 
A person performing street openings for an emergency shall verify the emergency nature of the circumstance in writing to the Code Enforcement Officer within five days after the street opening.
G. 
Special conditions. In granting any permit, the Borough may attach such special conditions thereto as may be reasonably necessary to protect the public and private property, including, but not limited to barricades, flashing signals, etc.
The Borough shall give timely notice to all persons owning property abutting on 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 said street, within 30 days from the giving of such notice, unless such time is extended in writing for cause shown by the Code Enforcement Officer. New paving shall not be opened or excavated for a period of five years after the completion thereof, except in the case of emergency and/or the right to prohibit opening or excavation is superseded by state law. In the event opening or excavation is required, the Pennsburg Borough engineering standards and the requirements of § 95-11 below shall apply.
Street opening permits shall only be granted upon compliance with the following express provisions:
A. 
A written application shall be filed with the Code Enforcement Officer for making all street openings or excavations and signed by the person desiring such permit. Such application shall set forth the purpose for which such excavation is to be permitted; the date such excavations are to be refilled and resurfaced in the manner hereinafter provided; and shall provide that the applicant will faithfully comply with each and every provision contained in this article. An applicant shall furnish a drawing of the proposed opening site upon request of the Code Enforcement Officer. Items required on the drawing shall be specified at the time of request.
B. 
Prior to the issuing of such permit, every such applicant shall pay to the Borough the amount hereinafter required for the purposes specified, and shall exhibit to the Code Enforcement Officer a receipt for the amount paid.
C. 
Where the street opening permit is required for water supply purposes, the application shall be countersigned by an authorized representative of the Upper Hanover Water Authority before the permit is granted. Where the street opening permit is required for sewer services purposes, the application shall be countersigned by an authorized representative of the Upper Montgomery Joint Authority before the permit will be granted.
D. 
No permit shall be granted to any applicant unless the applicant has paid to the Borough any and all moneys then due to the Borough for prior excavations made or for any loss, damages or expense in any manner occasioned by or arising from the work done by the applicant under the provisions of this article.
E. 
The applicant shall agree to save the Borough, its officers, employees and agents from any and all costs, damages and liabilities which may accrue or be claimed to accrue by reason of such work to be done by the applicant under the provisions of this article. The acceptance of any permit under this article shall constitute such an agreement by the applicant whether the same is expressed or not.
F. 
An applicant shall secure a certificate of insurance and have the certificate properly executed by the applicant's insurance agency. Properly executed certificates of insurance shall be filed with the Code Enforcement Officer and verify that the applicant is insured against claims for personal injury, as well as against claims for property damage, which may arise from or out of the performance of the excavation work, whether such performance be by the applicant or anyone directly employed by him. Such insurance shall include protection against liability arising from completed operations, underground utility damage and collapse of any property. Liability insurance for bodily injury shall be in an amount no less than $1,000,000 for each person and $1,000,000 for each accident, and for property damage in an amount not less than $5,000. Failure of an applicant to file a certificate of insurance shall be a sufficient reason for denying a permit. The applicant to whom or for whom a permit may be issued shall assume all responsibility for the excavations made, shall indemnify and save harmless the Borough from all loss, costs and damages done or ascribed to any act of commission or omission by such applicant in the performance of the work, and shall pay the Borough costs of every kind incurred in contesting suits on said account and, upon notice from the Borough, will assume the defense of any such suits. Further, the applicant shall save and hold harmless the Borough from any and all damages and liability by reason of personal injury or property damage. Liability insurance requirements for blasting may be obtained and blasting permits shall be obtained from the Borough Fire Marshal.
A. 
All persons other than public utility companies desiring to open a street shall furnish a properly executed corporate surety bond or other financial guarantee acceptable to the Borough.
B. 
All other persons, including contractors performing work for Borough corporate authorities, desiring to open a street shall furnish a properly executed security bond or other financial guarantee acceptable to the Borough. In the event a bond is utilized, it shall be executed by a reputable surety company licensed to do business in the Commonwealth of Pennsylvania. All bonds obtained by contractors performing work under contract with Borough corporate authorities shall be countersigned by the Director or Chairman of the authority.
C. 
Bond or other financial security.
(1) 
The bond or other financial security shall cover street opening work performed during one calendar year. The bond or other financial security shall be in effect for a twenty-four-month period in accordance with § 95-11F. The amount of the surety bond or other financial guarantee shall be $5,000, unless any street excavation or restoration work for a single project exceeds such amount. In this case, a person shall secure a bond or other financial guarantee in an amount equal to the difference between the $5,000 and the dollar amount as reasonably computed by the Code Enforcement Officer.
(2) 
In lieu of bond or financial guarantee subject to the requirement outlined in Subsection C(1) above, a contractor may post an appropriate financial guarantee with the Borough on a per-project basis. The amount of the financial guarantee shall be $500 or 100% of the actual cost of road restoration, as determined by the Code Enforcement Officer, whichever amount is greater. The financial guarantee shall be retained by the Borough for a twelve-month period from the date the project is completed for the purposes of guaranteeing the integrity of the road restoration.
A. 
All street opening permits are subject to revocation at any time by the Code Enforcement Officer after written notice for:
(1) 
Violation of any condition of the permit.
(2) 
Violation of any provision of this article, or any other applicable ordinance or law relating to the work.
(3) 
The existence of any condition or the doing of any act constituting or creating a nuisance or endangering the lives or property of others.
B. 
Written notice of such violation shall be served upon the permittee or his agent or employee engaged in the work. Such notice shall also contain a brief statement of the reasons for revoking such permit. Notice may be given either by personal delivery thereof to the person to be notified or by United States mail, addressed to such person to be notified.
C. 
Upon revocation of the permit, the degradation and inspection fees will be refunded to the permittee for that portion of the project not completed.
If any permittee is unable to complete the street opening work on or before the date specified in the permit, the permittee shall file a written application for an extension of time with the Code Enforcement Officer. The written application shall be in letter form, and shall thoroughly explain the reasons for the extension of time plus the additional length of time required. A fee shall accompany the application, which fee shall be established, from time to time, by resolution of Pennsburg Borough Council.
A. 
The permittee shall be responsible for backfilling and paving the opening and restoring the street surface to its original condition prior to the street cut subject to the special conditions in Subsection B below.
B. 
In the event a street has been newly paved or reconstructed within the last five years, the following additional requirements will apply:
(1) 
Excavation parallel to road in excess of 50 linear feet shall require milling and paving from curb or edge of paving to the center of the street.
(2) 
Should excavation referenced above cross the center line, milling and paving shall be required curb to curb or from edge of paving to edge of paving.
(3) 
In the event two or more perpendicular cuts or holes are made within 50 linear feet of road, milling and paving shall be required curb to curb or from edge of paving to edge of paving.
In case the work has not been completed before the date of expiration as shown on the permit, which time shall be fixed when the permit and/or time extension is granted, the Code Enforcement Officer may take steps to backfill the trench and replace the street surface over the opening for which the permit has been issued upon proper notification from the Code Enforcement Officer to the applicant. The Borough shall invoice the permittee for all costs incurred by the Borough in the performance of this work. Payment not made within 30 days will be chargeable against the posted bond, including all fees and costs involved in the collection of this payment.
A. 
The permittee shall assume all responsibility for the excavation made by such party for refilling the same and for all damages caused by the action of the permittee that may arise by reason of the digging of such trenches or excavations. Whenever it is determined by the Code Enforcement Officer that, in the best interest of the Borough, it is necessary to assign additional street opening inspectors to supervise excavation, backfill or pavement restoration operations, such inspectors shall be paid by the permittee at a rate per day to be fixed by the Code Enforcement Officer.
B. 
The Code Enforcement Officer is authorized to make such other rules and regulations for the excavation of streets which it may deem necessary for the proper maintenance of the street surface due to excavations, which rules and regulations shall be printed upon the permit granted or forwarded from the Code Enforcement Officer in writing from time to time.
A street opening permit shall be obtained for any test hole work. No test holes shall be made in or upon a greater surface of the highway than as specified in such permit, and no excavation or test holes shall interfere with any of the water pipes, sewers or drains of the Borough, or any other underground utility service. These holes shall be backfilled in accordance with the provisions set by the Code Enforcement Officer.
A. 
All gutters shall be left open so as not to obstruct the free passage of water, and the sidewalks and footways must be kept in a safe and passable condition. All excavations or material from them shall have placed upon them sufficient lights and barricades to identify them from all directions during the day and after dark. All adjacent stormwater conveyance systems shall be protected from any construction sediment and debris in accordance with PADEP Chapter 102, Standards.
B. 
If, for safety reasons, the Code Enforcement Officer deems it necessary to install additional warning devices such as lights, barricades or signs, the permittee shall be notified of the decision and shall receive instruction on the installation. In case of emergencies, the Borough may install all additional warning devices deemed necessary by the Code Enforcement Officer. The Borough shall invoice the permittee for rental and installation costs incurred from the date of installation until the permittee installs warning devices.
C. 
If the permittee fails to install such devices, the Borough shall invoice the permittee for rental and installation costs incurred from the date of installation until the date of removal. Payment not made by the permittee within 30 days of the invoice date will be chargeable against the posted bond, including all fees and costs involved in the collection of this payment.
In no case shall a permittee open or remove a greater area of street surface than specified in the original application. No opening or excavation of any street shall extend from the curbline into the highway a greater distance than two feet beyond the curbline of the street before being refilled and the surface of the highway restored to a condition safe and convenient for travel. The permittee shall not open any street area at any location not specified in the original street opening permit. If the permittee determines during construction that an additional area of the street will have to be opened, he shall notify and secure permission from the Code Enforcement Officer for the additional opening. Upon receipt of permission, the permittee shall file a supplementary application for the work no later than the next workday. Fee amounts specified in this article shall be followed for any subsequent fees associated with supplementary applications.
The permittee shall guarantee and maintain his work for 24 months from the completion and approval by the Code Enforcement Officer of the restoration and replacement work. Within this twenty-four-month period, upon notification from the Borough of necessary correction work required, the permittee shall correct, or cause to be corrected, all restoration work required within five working days of receipt of the notification. The Code Enforcement Office of the Borough shall determine the extent of restoration required and the methods of correction. Any and all work not completed within this five-day period may be completed by the Borough at the discretion of the Code Enforcement Officer. The Borough shall invoice the permittee for all costs incurred by the Borough in performance of this work. Payment not made within 30 days of the invoice date will be chargeable against the posted bond, including all fees and costs involved in the collection of this payment.