[Adopted 7-7-1975 by Ord. No. 194 (Part
12, Ch. 1, Art. B, of the 1987 Code)]
It shall be unlawful for any person to open,
cut or make any excavation in any street in the Borough without first
securing a permit as provided in this article; provided, nothing in
this article shall apply to:
A.
Any person who desires to make any opening, cut or
excavation in any street of the Borough shall make application to
the Borough Engineer upon forms to be furnished by Council, setting
forth the name and address of the applicant, the precise location
of the proposed opening, cut or excavation, and the approximate size
and depth thereof; such application shall further contain the covenant
on the part of the applicant that the work shall be performed in strict
compliance with the ordinances and regulations of Borough and the
laws of the commonwealth relating thereto, and that the applicant
shall well and truly save, defend and keep harmless the Borough from
and indemnify it against any and all actions, suits, demands, payments,
costs and charges for or by reason of the proposed opening, cut or
excavation, and all damages to persons or property resulting in any
manner therefrom, or occurring in the prosecution of the work connected
therewith, or from any other matter, cause or thing relating thereto.
B.
The requirement of indemnification and compensation
set forth in this section shall be evidenced by the contractor establishing
proof of full insurance coverage for workmen's compensation of all
employees employed at the site of the project as well as for all subcontractors
who are engaged in work at the sites of the project.
C.
Furthermore, there shall be proof of adequate liability
and property damage insurance coverage that the contractor has in
full force and effect and is maintained at the contractor's expense
to cover any claims for damages for personal injury, including accidental
death, as well as claims for property damage which may arise from
the opening, excavation and/or restoration of the street or roadway
of the Borough of Trappe, whether such operations be by the contractor
or a subcontractor.
Before any permit shall be issued to open, cut
or excavate any street in the Borough, the applicant shall pay to
the Building Inspector, for the use of the Borough, a permit fee in
an amount as shall be set by resolution of the Borough Council from
time to time,[2] and a fee for the Borough Engineer, to cover the cost
of inspection and other incidental services in connection therewith.
A.
Any person who opens, cuts or excavates any street
in the Borough shall thoroughly and completely refill the same, puddling,
tamping and ramming the same so as to prevent settling thereafter,
and shall restore the surface to the same or better condition as existed
immediately prior to the opening, cut or excavation, such restoration
to be in accordance with the specifications of the Pennsylvania Department
of Transportation, which are adopted as specifications of Borough
for restoration of the surfaces of streets in the Borough. As restored,
the surface shall conform to the proper grade and be of the same surface
covering as the part of the street immediately adjoining the opening,
cut or excavation; and if within one year after the restoration of
the permanent surface as herein provided, defects appear therein resulting
from defective backfilling by the permit holder, or for any other
reason, the permit holder shall reimburse the Borough for the cost
of all necessary repairs thereto. Concrete restoration shall be used
in those streets built, repaired or altered to Borough specifications.
B.
For a period of 90 days after closing any opening,
cutting or excavation the same shall be temporarily restored by cold
or hot patch and maintained during that period; thereafter, the opening,
cutting or excavation shall be restored permanently in compliance
with the provisions of this article.
All other work in connection with opening, cuts
or excavations in any street, including excavation, protection, refilling
and temporary paving shall be done by the permit holder at his expense,
and all such work shall be subject to the provisions of this article,
and to the supervision and approval of the Borough Engineer; provided,
the engineer may require that the cutting of the surface of improved
streets and the backfilling of excavations be done by the Borough,
in which case, the charge for that work shall be paid by the permit
holder on the basis of the actual cost plus 20%.
A.
No opening or excavation in any street shall extend
from the curbline into the highway a distance greater than one foot
beyond the center line of the street before being refilled and the
surface of the highway restored to a condition safe and convenient
for travel;
B.
The work of excavations shall be so conducted as not
to interfere with the water mains, storm sewers and sanitary sewers
or their connections with any buildings, or any other subsurface lines
or constructions, until written permission of the proper authorities
in connection with such subsurface lines or constructions shall have
been obtained; the permit holder shall provide for the protection
of all utilities, either underground or above ground, and shall contact
the involved utility companies to arrange and provide for such protection;
C.
No tunneling shall be allowed without the express
approval of the Borough Engineer, endorsed upon the permit; the backfilling
of a tunnel excavation shall be made only in the presence of the engineer,
or an inspector designated by him, and shall be done only by a method
approved by him;
D.
All openings or excavations shall be backfilled properly
with suitable modified crushed stone materials and thoroughly compacted
in layers, each of which shall not exceed six inches in depth; and
on improved streets, the backfilling shall be placed to within 10
inches of the surface;
E.
On improved streets a temporary paving of suitable
stony materials, thoroughly bound and compacted, shall be installed
flush with the surface of the adjoining paving;
F.
During the making of any excavation in any street,
every necessary and reasonable precaution shall be taken by the permit
holder and the parties making the same to keep the street in a safe
and passable condition, both day and night, by guards, barriers, lanterns
and other devices, and all excavation permits are granted under and
subject to the express condition that the persons to whom the same
are issued shall indemnify, save and keep harmless the Borough from
any loss and damages, or otherwise whatsoever, which may be or shall
be occasioned at any time by the said excavation, or by any leak,
explosion or other injury from any pipe, apparatus, conduit or any
other matter placed in the said excavation;
G.
The permit holder shall notify the Borough Engineer
when the opening or excavation is ready for backfilling before any
backfilling is done, and when the work is completed by proper backfilling
in the case of unimproved streets and by temporary paving in the case
of improved streets;
H.
In the event that any work performed by or for a permit
holder shall, in the opinion of the Borough Engineer, be unsatisfactory
and the same shall not be corrected in accordance with his instructions
within the time fixed by him, or in the event the work for which the
permit was granted is not completed within the time fixed by this
Borough upon the permit, the Borough may proceed to correct that unsatisfactory
work, or complete any such work not so completed, and charge the costs,
plus 20%, to the permit holder;
I.
Under no circumstances shall any street be entirely
barricaded or detoured;
J.
No pipe shall be laid within four feet of surface;
L.
A one-foot cutback shall be made by the permit holder
after the backfilling has been completed; all edges and corners of
cutback shall be square and clean.
In the 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 that pipe,
line, construction or apparatus, to commence an excavation to remedy
that condition before securing a permit, provided that application
for a permit shall be made immediately and not later than the next
business day thereafter, and that all other provisions of this article
are fully complied with; and if any such emergency condition shall
not be immediately attended to by the owner or person responsible
for that pipe, line, construction or apparatus, the Borough Engineer,
after such notice as he shall deem necessary under the circumstances,
shall proceed to do the work necessary and required by the emergency,
and charge the same on the basis of cost plus 20% to such owner or
person.
No new utilities shall hereafter be laid or
constructed, and no utilities shall be extended in any streets of
the Borough until the exact location thereof, and the plan therefor
shall have been first approved by the Borough Engineer.
Payment for all work done by the Borough under
the provisions of this article shall be made liable for the payment
under the provisions of this article within 30 days after a bill for
the work is delivered to that person by the Borough, and upon the
failure to pay those charges within that time, the charges shall be
collectible by the Borough in the manner provided by law for the collection
of municipal claims.
Any person, whether as principal, agent or employee,
violating any provision of this article, shall, upon conviction before
a Magisterial District Judge, be sentenced to pay a fine of not less
than $10 or more than $100 and costs of prosecution, and, in default
of payment of fine and costs of prosecution, to imprisonment for not
more than 30 days.
