A.
PERSON
STREET
Words and terms defined. As used in this article,
the following terms shall have the meanings indicated:
Any natural person, partnership, firm, association or corporation.
Any public street, avenue, road, square, alley, highway or
other public place located in the Borough of Danville and established
for the use of vehicles.
B.
Word usage. In this article, the singular shall include
the plural and the masculine shall include the feminine and the neuter.
It shall be unlawful for any person to open
or to make any excavation of any kind in any street in the Borough
of Danville except in and upon those portions thereof established
for the use of vehicles.
It shall be unlawful for any person to open
or to make any excavation of any kind in any of the streets in the
Borough of Danville without first securing a permit therefor, as hereinafter
provided.
Any person who shall desire to make any opening
or excavation in any of the streets in the Borough of Danville shall
make application to the Borough Secretary in writing for the purpose.
Such application shall be made upon blanks to be furnished by the
Borough and shall set forth the name of the applicant, the exact location
of the proposed opening or excavation and the approximate size or
depth thereof, and shall contain an agreement on the part of the applicant
that the work shall be done in full compliance with the ordinances
of the Borough of Danville and the laws of the Commonwealth of Pennsylvania
in relation thereto, and that the applicant shall well and truly save,
defend and keep harmless the Borough from and indemnify it against
any manner therefrom or occurring in the prosecution of the work connected
therewith or from any other matter, cause or thing relating thereto.
[Amended 2-9-2010 by Ord.
No. 502]
Before any permit shall be issued to open or
excavate any street in the Borough, the applicant shall pay to the
Borough office a permit fee in the amount of $100. There shall be
an additional inspection fee charged at the rate of $20 per hour for
the attendance of the Street Superintendent during the opening, inspection
or closing of any openings or excavations in any Borough street.
Any person who shall open or excavate any improved
street in the Borough shall thoroughly and completely refill the opening
or excavation, puddling and ramming so as to prevent any settling
thereafter (said excavation to be filled with 2RC stone for the full
depth of the excavation) and shall restore the surface to the same
condition as it was before the opening or excavation, and such restoration
shall be in accordance with the specifications of the Department of
Highways of the Commonwealth of Pennsylvania, which are hereby adopted
as specifications of the Borough for restoration of 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 thoroughfare
immediately adjoining the opening. If, within two years after the
restoration of the surface, as herein provided, defects shall appear
therein resulting from defective backfilling by the applicant, the
applicant shall reimburse the Borough for the cost of all necessary
repairs to the permanent paving.
All other work in connection with openings in
any street, including excavation, protection, refilling, and temporary
paving, shall be done by the applicant at his expense. All such work
shall be subject to the provisions of this article and to the supervision
and approval of the Street Superintendent, provided that the Street
Superintendent may require that the cutting of the surface of improved
streets and the backfilling of all excavations therein shall be done
by the Borough, and the charge therefor shall be paid by the applicant
on the basis of the actual cost of the work 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.
No more than 100 feet longitudinally shall be opened
in any street at any one time, which may be reduced if conditions
warrant.
C.
The work of excavation shall be so conducted so as
not to interfere with water mains, sewers or their connections with
a house or any other subsurface lines or constructions, until permission
of the proper authorities in connection with such subsurface lines
or constructions have been obtained.
D.
No tunneling shall be allowed without the express
approval of the Street Superintendent and permission therefor endorsed
upon the permit. The backfilling of a tunnel excavation shall be made
only in the presence of the Street Superintendent or an inspector
designated by him/her and shall be done only in a method approved
by him/her.
E.
All openings or excavations shall be backfilled promptly
with suitable materials and thoroughly and mechanically compacted
in layers, each of which shall not exceed six inches in depth. On
improved streets, the backfilling shall be placed to within 10 inches
of the surface.
F.
On improved streets, a temporary paving of plant-mixed
bituminous materials thoroughly compacted, may be installed flush
with the surface of the adjoining paving until permanent surface repair
can be made.
G.
During the making of any excavation in any street,
every necessary and reasonable precaution shall be taken by the applicant
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. All excavating permits are granted under and subject to the
express condition that the person to whom the same is issued shall
indemnify, save and keep harmless the Borough from any loss in damages,
or otherwise whatsoever, which may or shall be occasioned at any time
by said excavation, or by any leak, explosion or other injury from
any pipe, apparatus, conduit or any other matter placed in the said
excavation.
H.
The applicant shall notify the Street Superintendent
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.
I.
In the event that any work performed by or for a permit
holder shall, in the opinion of the Street Superintendent, be unsatisfactory
and the same shall not be corrected in accordance with his instructions
within the time fixed by him or in the event that the work for which
the permit was granted is not completed within the time fixed by the
Borough Secretary, the Borough may proceed to correct such unsatisfactory
work or complete any such work not completed, and shall charge the
cost thereof, plus 20%, to the applicant.
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 such pipe,
line, construction or apparatus to commence any excavation to remedy
such 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 compiled with. If any such emergency condition shall not
be immediately attended to by the owner or person responsible for
such pipe, line, construction or apparatus, the Street Superintendent,
after such notice as he shall deem necessary under the circumstances
of the particular case, shall proceed to do the work necessary and
required by such emergency, and charge the same on the basis of cost
plus 20% to such owner or person.
The Borough Secretary 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. 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 Secretary. New paving shall not be
opened for a period of five years after the completion thereof, except
in case of emergency and the necessity for the opening of such paving
to be determined by the Street Superintendent. If it is sought to
excavate upon or open a street within five years after the completion
of the paving thereof for any reason other than an emergency as above
stated, the applicant shall make application to the Borough Council,
and a permit for such opening shall only be issued after express approval
of Council.
No new water or gas main shall hereafter be
laid or constructed and no existing water or gas main shall be extended
in any of the streets of the Borough until the exact location thereto
and the plan therefor shall have been first approved by the Borough
Council.
Payment for all work done by the Borough under
the provisions hereof shall be made by the person made liable therefor
under the provisions hereof within 30 days after a bill therefor is
sent to such person by the Borough. Upon failure to pay such charges
within such time, the same shall be collectible by the Borough in
the manner provided by law for the collection of municipal claims.
Any person who shall violate any provisions
of this article shall, upon conviction thereof, be punishable by a
fine of not more than $1,000 and costs of such proceedings or, upon
default of payment of such fines and costs, by imprisonment in the
county jail for a term of not more than 30 days. The continuation
of such violation for each successful day shall constitute a separate
offense, and the person or persons allowing or permitting the continuation
of the violation may be punished as provided above for each separate
offense.
The provisions of this article shall not apply
to laying sidewalks or curbs or to the planting of poles.
