[Ord. 1747, 9/13/1993, § 2]
The following words and phrases, when used in this Part, shall
have the meanings ascribed to them in this Section, except in those
instances where the context clearly indicates otherwise:
Any person who makes application for a permit.
The Borough of Pottstown.
Any governmental corporation initiated by the Council under
the Municipal Authorities Act of 1945.
January 1 through December 31, inclusive.
Soil cement, plain cement concrete or reinforced cement concrete
and material contained in the base course of some Borough streets.
Actual expenditures incurred by the Borough for labor, equipment
and materials, which include all fringe benefits and overhead.
A fee paid by the permittee to the Borough to defray a percentage
of the costs for resurfacing and reconstruction of Borough streets
resulting from the depreciation of streets associated with street
openings.
The Department of Public Works.
Any condition constituting a clear and present danger to
life or property by reason of escaping gas, exposed wires or other
breaks or defects in the user's line.
A fee paid by the permittee to the Borough to defray street
opening inspection costs.
An underground conductor or facility used in providing electric
or communication service of an underground pipe used in carrying gas,
oil, sewage, water or other service.
A fee paid by the permittee to the Borough to cover the costs
of issuing, processing and filing the street opening permit.
Any person who has been issued a permit and has agreed to
fulfill all the provisions of this Part.
Any natural person, partnership, firm, association, utility
or corporation.
Any utility company, excluding corporate authorities of the
Borough, franchised by the Public Utility Commission of the Commonwealth
of Pennsylvania.
A process which provides a new wearing surface in a certain
paved street area between curbs with the same material that was existing
prior to excavation.
That portion of the street right-of-way reserved for sidewalks.
The entire right-of-way of a public street, public highway,
public alley, public avenue, public road or public easement within
the Borough limits.
The public utility, municipal corporation, municipal authority,
or other person who or which uses a line to provide service to one
(10) or more consumers.
Normal business day for the Borough government, including
Monday through Friday, except designated holidays.
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The singular shall include the plural, and the plural shall
include the singular, and the masculine shall include the feminine
and the neuter.
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[Ord. 1747, 9/13/1993, § 2]
1.
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 Department of Public Works
when the person applying for such permit files an application with
the Department in compliance with the provisions of this Part and
pays into the Borough cashier the amounts hereinafter stated.
2.
Any person working in the vicinity of a Borough street who, in any
manner, disturbs such street shall be required by this Part to obtain
a permit and correct this damage in accordance with the standards
of the Department. 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.
3.
The obtaining of street opening permits by Borough Departments and
corporate authorities shall be waived when work to be performed is
completed by their own personnel.
4.
All contractors performing work under contract for the Borough or
Borough corporate authorities shall obtain the street opening permit
for street opening work.
5.
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.
6.
A person performing street openings for an emergency shall verify
the emergency nature of the circumstance in writing to the Director
of Public Works within five days after such emergency on the street
cut opening application.
7.
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.
[Ord. 1747, 9/13/1993, § 2; as amended by Ord.
1838, 12/9/1996, § 1]
The Department of Public Works 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 Public Works Department. 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 standards of § 110
below shall apply.
[Ord. 1747, 9/13/1993, § 2]
Street opening permits shall only be granted upon compliance
with the following express provisions:
A.
A written application shall be filed with the Department of Public
Works 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 Part. An applicant
shall furnish a drawing of the proposed opening site upon request
of the Department. 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 Department a receipt for the amount paid.
C.
Where the street opening permit is required for water supply purposes,
the application shall be countersigned by the Borough Plumbing Inspector
or someone authorized by him before the permit is granted. Where the
street opening permit is required for sewer service purposes, the
application shall be countersigned by the Borough Plumbing Inspector
or someone authorized by him 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 Part.
E.
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 Part. The acceptance of any permit under
this Part shall constitute such an agreement by the applicant whether
the same is expressed or not.
F.
An applicant shall secure a certificate of insurance from the Department
and have the certificate properly executed by the applicant's insurance
agency. Properly executed certificates of insurance shall be filed
with the Department 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 $300,000 for each person and $300,000
for each accident, and for property damage in an amount not less than
$100,000. 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.
[Ord. 1747, 9/13/1993, § 2; as amended by Ord.
1838, 12/9/1996, § 2]
1.
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.
2.
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.
3.
Bond or Other Financial Security.
A.
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
§ 104(F). 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 amount computed in accordance
with the following schedule:
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Pavement Structure
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Amount of Bond per Square Yard
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Concrete foundation (10 inches or less in depth) with any asphalt
surface
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$25
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Concrete foundation (greater than 10 inches in depth) with any
asphalt surface
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$30
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Cement concrete surface streets
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$25
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Bituminous concrete surface with bituminous or stone base
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$25
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Macadam, vitrified block or granite block on stone foundation
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$8
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B.
In lieu of bond or financial guarantee subject to the requirement
outlined in subsection (A) 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 50% of the actual cost
of road restoration, 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.
[Ord. 1747, 9/13/1993, § 2]
1.
A permit fee, inspection fee and degradation fee for Borough streets
only shall be paid to the Borough cashier prior to permit issuing.
The Borough shall have the right to waive fees for contractors performing
work under contract with the Borough.
2.
The permit fee shall be in the amount of $25, which shall be amended,
from time to time, by resolution of Pottstown Borough Council.
3.
The emergency permit fee shall be in the amount of $35, which shall
be amended, from time to time, by resolution of Pottstown Borough
Council.
4.
The degradation fee and inspection fee to accompany the application,
as herein provided, are to be established by resolution of Pottstown
Borough Council.
A.
The degradation fee shall be waived for openings made on streets
maintained by the Pennsylvania Department of Transportation.
B.
The number of square yards computed for the degradation fee and inspection
fee will be based on the actual size of excavation disregarding any
pavement that must be removed to enable an overlap of the surface
course on the existing base course.
[Ord. 1747, 9/13/1993, § 2]
In all cases where a permit has been issued and the work set
forth, and such permit has not been completed, the amount not completed
shall be cancelled, and the degradation fee, along with the inspection
fee paid for the uncompleted work, shall be refunded without interest
by the Borough cashier, upon warrant properly drawn. The permit fee
shall not be refunded upon permit cancellation.
[Ord. 1747, 9/13/1993, § 2]
1.
All street opening permits are subject to revocation at any time
by the Department of Public Works after written notice for:
2.
Written notice of such violation shall be served upon the person
to whom the permit was granted, 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.
3.
Upon revocation of the permit, the degradation and inspection fees
will be refunded to the permittee for that portion of the project
not completed.
[Ord. 1747, 9/13/1993, § 2]
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 Department
of Public Works. 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 of $10 shall accompany
the application, which fee shall be amended, from time to time, by
resolution of Pottstown Borough Council.
[Ord. 1747, 9/13/1993, § 2; as amended by Ord.
1838, 2/9/1996, § 3]
1.
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 (2) below. The Department of Public Works shall have the full authority to establish standards for paving the backfilling materials and associated procedures. Details specifying paving and backfilling procedures and materials shall be obtained from the Department prior to any street opening work.
2.
In the event a street has been newly paved or reconstructed within
the last eight years, the following additional requirements will apply:
A.
Excavation parallel to road in excess of 50 linear feet shall require
milling and paving of that particular lane excavated.
B.
Should excavation referenced above cross the center line, milling
and paving shall be required curb to curb.
C.
In the event two or more perpendicular cuts or holes are made in
50 linear feet of road, milling and paving shall be required curb
to curb.
[Ord. 1747, 9/13/1993, § 2]
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 Department of Public Works 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 Department 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.
[Ord. 1747, 9/13/1993, § 2]
1.
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
Department of Public Works 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 Department.
2.
The Department 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 Department in writing from time to time.
[Ord. 1747, 9/13/1993, § 2]
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 Director of the Department of Public Works.
[Ord. 1747, 9/13/1993, § 2]
1.
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.
2.
If, for safety purposes, the Department of Public Works 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 Department. The Borough shall invoice the permittee for rental
and installation costs incurred from the date of installation until
the permittee installs warning devices.
3.
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.
[Ord. 1747, 9/13/1993, § 2; as amended by Ord.
1838, 12/9/1996, § 4]
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 one foot 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 Department of Public Works for
the additional opening. Upon receipt of permission, the permittee
shall file a supplementary application for the work no later than
the next work day. Fee amounts specified in this Part shall be followed
for any subsequent fees associated with supplementary applications.
[Ord. 1747, 9/13/1993, § 2]
The permittee shall guarantee and maintain his work for 24 months
from the completion 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 Department of Public
Works 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 Director
of Public Works. 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.
[Ord. 1747, 9/13/1993, § 2]
1.
Any person violating any provision of this Part shall, upon conviction
thereof, be fined not less than $100 nor more than $600 for each and
every offense, together with costs, and, in default of payment thereof,
shall be imprisoned not more than 30 days. Each failure to obtain
a permit or to comply with any of the requirements of this Part, and
each and every day during which such violation continues, shall constitute
a separate offense.
2.
The Department of Public Works reserves the right to deny the issuance
of future street opening permits to any person who violates the provisions
of this Part. This provision in no way shall prohibit or limit the
right of the Borough to bring legal action against the permittee.
