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:
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.
