[Adopted 2-12-1973 by Ord. No. 1170; amended in its entirety 7-24-1995 by Ord. No.
1544 (Ch. 21, Part 1, of the 1995 Code)]
A.
EXCAVATION
PERSON
STREET
The following words, when used in this article, shall have the meanings
ascribed to them in this section, except in those instances where
the context clearly indicates otherwise:
Any activity within the right-of-way of any street, alley
or cartway which involves cutting, breaking or disturbing the surface
thereof. In this article, the term "opening" shall have essentially
the same meaning as "excavation."
Any natural person, partnership, firm, association, corporation
or municipal authority.
Any public street, avenue, road, square, alley, highway or
other public place located in the City of DuBois and established for
the use of vehicles, but shall not include state highways.
B.
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 of the streets in the City of DuBois 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 City of DuBois shall make application
to the City Engineer in writing for that purpose. Such application
shall be made upon blanks to be furnished by the City of DuBois 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 City of DuBois and the laws of the Commonwealth in relation
thereto, and that the applicant shall well and truly save, defend
and keep harmless the City of DuBois from and indemnify it against
any and all actions, suits, demands, payments, costs and charges for
or by reason of the proposed opening 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.
[Amended 6-26-2023 by Ord. No. 1874]
A.
Before
any permit shall be issued to open or excavate any street in the City
of DuBois, the applicant shall pay a permit fee in the amount fixed
according to a schedule established pursuant to resolution. When application
shall be made to open or excavate any longitudinal opening or excavation
in excess of 10 feet, before any permit shall be issued so to open
or excavate, the applicant shall pay, in addition to such minimum
fee, an additional fee at the rate for each 100 feet or fraction thereof
to be opened or excavated upon such street, pursuant to the fee schedule.
B.
Notwithstanding
any other provision to the contrary, public utilities regulated by
the Pennsylvania Utility Commission shall be exempt from any degradation
fees which have been adopted or implemented by the City of DuBois
or will in the future be adopted or implemented by the City of DuBois.
Permits shall be issued only to persons furnishing public utility
services or the owner or owners of the real property adjoining the
location where such opening or excavation is to be made.
Any permit issued hereunder shall specify the exact location
where the opening or excavation is to be made, the approximate permitted
size or depth thereof and the time within which the work for which
the permit is granted is to be completed.
A permit may be issued to the applicant after all the requirements
therefor have been filled. If the application is disapproved, written
notice of disapproval, together with reasons therefor, shall be given
to the applicant.
The work authorized by the permit is subject to all the provisions
of the Act of December 10, 1974, P.L. 852, No. 287, 73 P.S. § 176
et seq., as amended or supplemented from time to time. It shall be
the permittee's responsibility to contact the utilities that have
recorded their facilities in compliance with said Act. A partial list
of utilities providing services in the City of DuBois and their office
addresses may be obtained from the County Recorder of Deeds.
Any person who shall open or excavate any street in the City
of DuBois shall thoroughly and completely refill the opening or excavation
in such a manner as to prevent any settling thereafter 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 Transportation of the Commonwealth of Pennsylvania,
which are hereby adopted as specifications of the City of DuBois for
restoration of surfaces of streets in the City of DuBois. 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 City
of DuBois 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 or for the person to whom or which the permit has been issued at
his or its expense, and all such work shall be subject to the provisions
of this article and to the supervision and approval of the City Engineer,
provided that the City Engineer may, if he deems it necessary to the
proper performance of the work, require that cutting of the surface
of streets and the backfilling of all excavations therein shall be
done by the City of DuBois; in which event, the applicant shall pay
the actual cost of the work performed by the City of DuBois.
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 500 feet longitudinally shall be opened in any street
at any one time.
C.
The work of excavation shall be so conducted as not to interfere
with the water mains, sewers or their connections with the houses,
or any other subsurface lines or constructions, until permission of
the proper authorities in connection with such subsurface lines or
constructions shall have been obtained.
D.
No tunneling shall be allowed without the express approval of the
City of DuBois and permission therefor endorsed upon the permit. The
backfilling of a tunnel excavation shall be made only in the presence
of the City Engineer or an inspector designated by him and shall be
done only in a method approved by him.
E.
All openings or excavations shall be backfilled promptly with modified
2A stones and thoroughly compacted in layers, each of which layers
shall not exceed eight inches in depth. Backfilling shall be placed
to within 10 inches of the surface.
F.
A temporary paving of cold-patch premix, thoroughly bound and compacted,
shall be installed flush with the surface of the adjoining paving
and maintained for a period of 90 days.
G.
On concrete base streets, such base shall be replaced with concrete
and the minimum size of the opening or excavation shall be 16 square
feet.
H.
During the making of any excavation in the 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, and all excavating permits granted hereunder 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 City
of DuBois from any loss in damages, or otherwise whatsoever, which
may 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.
I.
The applicant shall notify the City Engineer when the opening or
excavation is ready for backfilling before any backfilling is done,
when backfilling work is completed, when the temporary paving has
been installed, and when the street has been permanently restored,
so that inspections may be made.
J.
In the event that any work performed by or for a permit holder shall,
in the opinion of the City 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 that the work for which the
permit was granted is not completed within the time fixed by the City
Engineer, the City of DuBois may proceed to correct such unsatisfactory
work or complete any such work not completed and 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 an 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 complied 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 City Engineer, 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 permission herein granted does not confer upon the permittee
or its contractors the right to cut, remove or destroy trees or shrubbery
within the legal right-of-way except under specifications, regulations
and conditions as the City of DuBois may prescribe.
The City Engineer shall give timely notice to all persons owning
property abutting on any street within the City of DuBois about to
be paved or improved and to all public utility companies operating
in the City of DuBois, 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 the said street within
30 days from the giving of such notice, unless such time is extended
in writing for cause shown by the City Engineer. New paving shall
not be opened or excavated for a period of five years after the completion
thereof except in case of emergency, the existence of which emergency
and the necessity for the opening or excavating of such paving to
be determined by the City Engineer. If it is sought to excavate upon
or open a sewer within five years after the completion of the paving,
the applicant shall make written application to the City Council,
and a permit for such opening shall be issued only after express approval
of the City Council.
If at any time in the future the roadway is widened, reconstructed
or the alignment or grades are changed, the permittee further agrees
to change or relocate all or any part of the structures covered by
this permit which interfere with the improvement of the roadway at
its own cost and expense.
No new water, sewer, steam or gas main or electric, telephone
or other utility line shall hereafter be laid or constructed, and
no such existing main or line shall be extended, in any of the streets
of the City of DuBois until the plan therefor shall have been first
filed with the City Engineer and such plan, and the exact location
of such main or line, approved by him. The City Engineer shall not
approve the locating of any such main or line at a depth of less than
30 inches from the surface of the street unless he shall be convinced
that locating the same at a depth of more than 30 inches from the
surface is impossible or impractical.
No company, corporation or association shall dig up any street
or alley without first giving to the City of DuBois a bond with some
acceptable trust or surety company as surety in the sum determined
by the schedule of fees, conditioned for the faithful performance
of these provisions and also for any and all damages, claims, demands,
suits, costs and counsel fees occasioned or arising from the digging
up, opening or closing of said streets and alleys.
Payment for all work done by the City of DuBois 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 City of DuBois. Upon failure to pay such charges
within such time, the same shall be collectible by the City of DuBois
by an action in assumpsit or in the manner provided by law for the
collection of municipal claims.
[Amended at time of adoption of Code revisions (see Ch. 1,
General Provisions, Art. II)]
Any person, firm or corporation who shall violate any provision
of this article shall, upon conviction thereof, be sentenced to pay
a fine of not more than $1,000 plus costs and, in default of payment
said fine and costs, to imprisonment for a term not to exceed 90 days.
Each day that a violation of this article continues shall constitute
a separate offense.
