[Ord. 771, 8/1/1994, § 1; as amended by Ord. 974, 5/9/2016]; and by Ord. No. 1015, 10/26/2020]
1. 
The following words, 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:
APPLICANT
Any person who makes application for a permit.
CALENDAR YEAR
January 1 through December 31, inclusive.
CONCRETE
Soil cement, plain cement concrete or reinforced cement concrete and material contained in the base course of some Town streets.
COST
Actual expenditures incurred by the Town for labor, equipment and materials, which include all fringe benefits and overhead.
DEPARTMENT
The Public Works Department of the Town of Bloomsburg.
EMERGENCY
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.
INSPECTION FEE
A fee paid by the permittee to the Town to defray street excavation inspection costs.
PERMIT FEE
A fee paid by the permittee to the Town to cover the costs of issuing, processing and filing the street excavation permit. The fee paid by the permittee to the Town to defray a percentage of the costs for resurfacing and reconstruction of Town streets resulting from depreciation of streets associated with street excavations.
PERMITTEE
Any person who has been issued a permit and has agreed to fulfill all the provisions of this section.
PERSON
Any natural person, partnership, firm, association, corporation, utility or municipal authority.
PUBLIC UTILITY
Any utility company, excluding corporate authorities of the Town, franchised by the Public Utility Commission of the Commonwealth of Pennsylvania.
RESURFACE
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.
SIDEWALK AREA
That portion of the street right-of-way reserved for sidewalks or that area defined on the Town Plan.
STREET
The entire right-of-way of a public street, public highway, public alley, public avenue, public road or public easement within the Town limits, excluding the designated curb and sidewalk area.
TOWN
The Town of Bloomsburg.
TOWN STREET MAINTENANCE FUND
A fund established and regulated by the Town, the moneys therein being explicitly designated for the resurfacing, repair and reconstruction of Town streets. This fund shall be included as part of the General Fund.
USER
The public utility, municipal corporation, municipal authority or other person who, or which, uses a line to provide service to one or more consumers.
WORK DAY
Normal business day for the Town government including Monday through Friday, except designated holidays.
2. 
In this Part, the singular shall include the plural, the plural shall include the singular, and the masculine shall include the feminine and the neuter.
[Ord. 771, 8/1/1994, § 2; as amended by Ord. 974, 5/9/2016]
1. 
The excavation of the surface of any Town street is prohibited unless a permit is obtained for that purpose in the manner hereinafter described, except in situations which require the placement of utility poles. Such permit shall be granted through the Public Works Department when the person applying for such permit files an application with the Department in compliance with the provisions of this section and pays into the Town treasury the amounts hereinafter stated.
[Amended by Ord. No. 1015, 10/26/2020]
2. 
Any person working in the vicinity of a Town street who in any manner disturbs such street or who in any manner causes damage to a street shall be required by this section to obtain a permit and correct this damage in accordance with the standards of the Town of Bloomsburg Construction and Materials Specifications. Street excavation permits are not required for persons excavating adjacent to the curb for the express purpose of installing or replacing sidewalks or curbs; provided, a curb and sidewalk permit has been obtained prior to such work.
[Amended by Ord. No. 1015, 10/26/2020]
3. 
The requirement of obtaining a street excavation permit shall be waived when work to be performed is completed by Town personnel or Town-contracted work.
[Amended by Ord. No. 1015, 10/26/2020]
4. 
If street excavations are necessitated by emergencies, street excavation permits shall be obtained on the first regular business day on which the office of the Town is open for business and such permit shall be retroactive to the date when the work began.
[Amended by Ord. No. 1015, 10/26/2020]
5. 
The person performing street excavations for an emergency shall verify the nature of the emergency circumstance in writing on the street excavation permit application submitted to the Director of the Public Works Department within three days after such emergency.
[Amended by Ord. No. 1015, 10/26/2020]
6. 
All traffic in a work area shall be controlled in accordance with present Pennsylvania Department of Transportation requirements for control of work areas.
7. 
The permittee shall be responsible for notifying the Columbia County Emergency Management Agency of any street, alley, or road closings and shall be responsible for obtaining a street closure permit from the Police Department of the Town of Bloomsburg in accordance with the provisions established under § 15-106.
[Amended by Ord. No. 1015, 10/26/2020; as amended by Ord. No. 1027, 9/13/2021]
8. 
All construction and materials shall be completed and provided in accordance with Town of Bloomsburg Construction and Material Specifications.
[Amended by Ord. No. 1015, 10/26/2020]
[Ord. 771, 8/1/1994, § 3; as amended by Ord. 974, 5/9/2016; and by Ord. No. 1015, 10/26/2020]
This Section shall not forbid the installation of new pipes, conduits or other services or structures or the repair or replacement of those already existing, in or under the portions of such highways improved as aforesaid, by penetrating the subsurface beneath paving in accordance with Town ordinances and the directions of the Public Works Department or the Pennsylvania Department of Transportation, upon obtaining a permit, and upon payment to the Town of the same fees as prescribed by the provisions of this Part except for the permit fee for making a surfacing.
[Ord. 771, 8/1/1994, § 4; as amended by Ord. 974, 5/9/2016; and by Ord. No. 1015, 10/26/2020]
Street excavation permits shall only be granted upon compliance with the following express provisions:
1. 
A written application shall be filed with the Public Works Department for making all street excavations and signed by the person desiring such permit. Such application shall set forth the purpose for which such excavation is to be made, the size and location of the same, the full scope of work to be included in the project, the date or dates during which such excavation is to be permitted, the date such excavation is to be refilled and resurfaced in the manner hereinafter provided in accordance with every provision contained in this Part. An applicant shall furnish a drawing of the proposed excavation site upon request of the Department. Items required on the drawing shall be specified at the time of request.
2. 
Prior to the issuing of such permit, every such applicant shall pay to the Town the amount hereinafter required for the purposes specified and shall exhibit to the Department a receipt for the amount paid.
3. 
No permit shall be granted to any applicant unless the applicant has paid to the Town any and all moneys, including inspection fees, then due to the Town, 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.
4. 
In addition to the street excavation permit required by this section, a street closure permit is required and shall be obtained in accordance with the provisions established under § 15-106.
[Added by Ord. No. 1027, 9/13/2021[1]]
[1]
Editor's Note: This ordinance also renumbered former Subsections 4 and 5 as Subsections 5 and 6, respectively.
5. 
Every applicant shall agree to indemnify and to save and hold harmless the Town, its officers, employees, consultants 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 provisions of this section. The acceptance of any permit under this section shall constitute such an agreement by the applicant whether the same is expressed or not.
6. 
Proof of insurance shall be filed with the Department, verifying that the applicant is insured against claims for personal injury as well as against claims for property damages which may arise from or out of the performance of the excavation work, whether such performance be by the applicant or anyone directly or indirectly employed by him. Insurance certification shall list the Town and its inspection consultant as additional insureds. Such insurance shall include protection against liability arising from completed operations, underground utility damage and collapse of any property. The maximum required liability insurance limit for bodily injury shall be set by resolution of Town Council. Failure of an applicant to file proper proof of insurance shall be a sufficient reason for denying a permit. The applicant shall indemnify and shall save and hold harmless the Town from any and all damages and liability by reason of personal injury or property damage arising from work done by the applicant under the provisions of this section.
[Ord. 771, 8/1/1994, § 5; as amended by Ord. 974, 5/9/2016; and by Ord. No. 1015, 10/26/2020]
When a bond is required, the following shall apply:
1. 
A bond shall be secured by the applicant to cover the entire pavement restoration. Such bond shall be issued by a reputable surety company licensed to do business in the Commonwealth of Pennsylvania.
2. 
The bond shall be in effect for a twenty-four-month period following the completion of the work, in accordance with § 21-116. The amount of the bond shall be based on a cost estimate prepared by the applicant and approved by the Town or its consultant.
3. 
The applicant shall establish an escrow account with the Town to cover inspection fees. The escrow shall be submitted at 5% of the cost estimate required by this Part. The inspection fee will be held by the Town Secretary in escrow. Upon satisfactory release of the bond, any remaining escrow funds will be returned to the applicant.
[Ord. 771, 8/1/1994, § 6; as amended by Ord. 974, 5/9/2016; and by Ord. No. 1015, 10/26/2020]
1. 
The permit fee, degradation fee, and inspection fee to accompany the street excavation permit application shall be established by resolution of Town Council, from time to time. The Town Secretary shall place collected permit fees into the Town Street Maintenance Fund of the General Fund.
2. 
Any applicant who wishes to excavate a street, shall obtain a street excavation permit to excavate a street for nonemergency purposes, provided that a street degradation fee is paid in full prior to the acquisition of the street excavation permit. The degradation fee is defined as a fee paid by the permittee to the Town to defray a percentage of the costs for repairs to streets resulting from the depreciation of streets associated with street excavations. The degradation fee may be waived for restoration completed in accordance with this Part.
[Ord. 771, 8/1/1994, § 7; as amended by Ord. No. 1015, 10/26/2020]
In all cases where a permit has been issued and the work set forth in such permit has not been completed, the permit shall be canceled with respect to the amount of work not completed and a portion of the permit fee along with the inspection fee paid for the uncompleted work shall be refunded without interest by the Town Secretary, upon warrant properly drawn. The permit fee shall not be refunded upon permit cancellation.
[Ord. 771, 8/1/1994, § 8]
1. 
All street excavation permits are subject to revocation at any time by the Town after written notice for:
[Amended by Ord. 974, 5/9/2016; and by Ord. No. 1015, 10/26/2020]
A. 
Violation of any condition of the permit.
B. 
Violation of any provision of this section or any other applicable ordinance or law relating to the work.
C. 
The existence of any condition or the doing of any act constituting or creating a nuisance or endangering the lives or property of others.
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, a portion of the permit and inspection fees will be refunded to the permittee for that portion of the project not completed.
[Ord. 771, 9/1/1994, § 9; as amended by Ord. 974, 5/9/2016; and by Ord. No. 1015, 10/26/2020]
1. 
Construction must commence within one month of the issuance date of the street excavation permit; otherwise a new street excavation permit must be obtained. Final pavement restoration must be completed within one month of street opening.
2. 
If any permittee is unable to complete the street excavation work on or before the date specified in the permit, the permittee shall file a written application for an extension of time with the Public Works Department. 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 to be established, from time to time, by resolution of Town Council, shall accompany the application. This fee shall defray the costs of processing and filing the application.
[Ord. 771, 8/1/1994, § 10; as amended by Ord. 974, 5/9/2016; and by Ord. No. 1015, 10/26/2020]
1. 
The permittee shall be responsible for backfilling and paving the excavation and restoring the street surface to its original condition prior to the street cut. The Town 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 in accordance with the Town of Bloomsburg Construction and Materials Specifications.
2. 
When a longitudinal excavation is longer than 100 linear feet in the pavement, or when two or more transverse excavations have been made within 50 linear feet of the pavement, the applicant shall:
[Amended by Ord. No. 1020, 3/22/2021]
A. 
Restore the excavated trench in accordance with the Town of Bloomsburg Construction and Material Specifications.
B. 
Mill and overlay the travel lane in which the excavation was made, from center line to edge of pavement, for the entire length (between intersections, exclusive of alley intersections) of the street, alley, or road that was excavated, or as otherwise approved by the Director of the Public Works Department.
3. 
When an excavation is made in a roadway that is less than five years old, the applicant shall restore the roadway pursuant to the provisions of Subsection 2.
[Amended by Ord. No. 1020, 3/22/2021[1]]
[1]
Editor's Note: This ordinance also repealed former Subsection 3, which provided that when two or more transverse excavations have been made within 50 linear feet of the pavement, the applicant shall restore the roadway pursuant to the provisions of this section, and provided for the renumbering of former Subsection 4 as Subsection 3.
[Ord. 771, 8/1/1994, § 11; as amended by Ord. 974, 5/9/2016; and by Ord. No. 1015, 10/26/2020]
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 or time extension is granted, the Public Works Department may take steps to backfill the trench and replace the street surface over the excavation for which the permit has been issued upon proper notification from the Department to the applicant. The Town shall invoice the permittee for all costs incurred by the Town 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. 771, 8/1/1994, § 12; as amended by Ord. 974, 5/9/2016; and by Ord. No. 1015, 10/26/2020]
The Town is authorized to make such other rules and regulations for the excavation of streets which is may deem necessary for the proper maintenance of the street surface due to excavations.
[Ord. 771, 8/1/1994, § 13; as amended by Ord. 974, 5/9/2016; and by Ord. No. 1015, 10/26/2020]
A street excavation 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 Town or any other underground utility service. Test holes shall be backfilled in accordance with the provisions set by the Director of the Public Works Department.
[Ord. 771, 8/1/1994, § 14]
1. 
All gutters shall be left open so as not to obstruct the free passage of water and the sidewalks and foot ways 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 Public Works Department 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 instructions on the installation. In case of emergencies, the Town may install all additional warning devices deemed necessary by the Department. The Town shall invoice the permittee for rental and installation costs incurred from the date of installation until the permittee installs warning devices.
[Amended by Ord. No. 1015, 10/26/2020]
3. 
If the permittee fails to install such devices, the Town 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. 771, 8/1/1994, § 15; as amended by Ord. 974, 5/9/2016]
In no case shall a permittee excavate or remove a greater area of street surface than specified in the original application. The permittee shall not excavate any street at any location not specified in the original street excavation permit. If the permittee determines during construction that an additional area of the street will have to be excavated, he shall notify and secure permission from the Department of Public Works for the additional excavation. 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 section shall be followed for any subsequent fees associated with supplementary applications.
[Ord. 771, 8/1/1994, § 16; as amended by Ord. No. 1015, 10/26/2020]
The permittee shall guarantee and maintain his work for 18 months from the completion of the restoration and replacement work. Within this eighteen-month period, upon notification from the Town of necessary correction work required, the permittee shall correct or cause to be corrected all restoration work required within 30 working days of receipt of the notification. The Public Works Department shall determine the extent of restoration required and the method of correction. Any and all work not completed within this thirty-day period may be completed by the Town at the discretion of the Director of the Public Works Department. The Town shall invoice the permittee for all costs incurred by the Town 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. 771, 8/1/1994, § 17; as amended by Ord. 841, 12/19/2001; by Ord. 974, 5/9/2016; and by Ord. No. 1015, 10/26/2020]
Any person violating any provision of this Part shall, upon conviction thereof in a summary proceeding, be sentenced to pay a fine not exceeding $1,000, to be paid to the use of the Town of Bloomsburg, together with costs of prosecution, or be imprisoned for not more than 10 days, or both; provided, further, that each day that a violation of this Part continues shall constitute a separate offense.