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after the completion thereof, except in the case of emergency and/or the right to prohibit opening or excavation is superseded by state law.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.
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.
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 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.
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.