[Adopted 11-11-1965 by Ord. No. 160 (Ch. 21, Part 1, of the
1983 Code of Ordinances)]
A.
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:
Includes 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 Walnutport and established
for the use of vehicles.
B.
In this article, the singular shall include the plural and the masculine
shall include the feminine and the neuter.
[Amended 3-21-1983 by Ord. No. 83-2; 8-14-2014 by Ord. No. 2014-01]
It shall be unlawful for any person to open or to dig up, excavate,
or tunnel any street in the Borough of Walnutport for the purpose
of tapping and/or excavating any gas, water main, sewers, data lines,
electronic power lines, underground utilities or any other purpose
without obtaining a permit as set forth in this article.
[Amended 3-21-1983 by Ord. No. 83-2]
It shall be unlawful for any person to make any excavation of
any kind in any of the streets or rights-of-way in the Borough of
Walnutport without first securing a permit therefor, as hereinafter
provided.
[Amended 8-14-2014 by Ord. No. 2014-01]
Any person who shall desire to make any opening or excavation
in any of the streets in the Borough of Walnutport shall make application
to the Borough, in writing, for the purpose. Such application shall
be made upon an application form to be furnished by the Borough and
shall set forth the name of the applicant, the exact location of the
proposed opening of 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 and the laws of the Commonwealth in relation 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 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 3-21-1983 by Ord. No. 83-2; 8-14-2014 by Ord. No. 2014-01]
A.
Before issuing such permit, the Borough shall demand and receive
of the party making application for the same a permit fee of $25 for
the use of the Borough for each separate excavation to be made, and
shall issue a permit containing, in writing, a statement of the place
where the said digging or excavation is to be done, and for what purpose.
The Borough, before issuing a permit for the extension or repair of
any water, gas main, sewer or other conduit, or excavation for any
purpose, shall demand and receive of the party making application
for the same a fee as follows:
(1)
On unimproved streets of earth, cinder or like material.
(a)
For extensions: the sum of $10 for the first 100 feet or fraction
thereof, and the sum of $5 for each additional 100 feet or fraction
thereof.
(b)
For all other excavations and/or tunneling: the sum of $1 for
the first square yard or fraction thereof, and the sum of $0.10 per
square yard for any additional excavating over and above the first
square yard of roadway excavated or tunneled.
(2)
On tarvia or asphaltic surfaced streets. For all excavations and/or
tunneling: the sum of $10 for the first square yard or fraction thereof,
and the sum of $6 for each additional square yard or fraction thereof
of roadway excavated or tunneled.
(3)
On paved streets, either of brick, concrete, andesite or other asphaltic
covering on a concrete subbase. For all excavations and/or tunneling:
the sum of $20 for the first square yard or fraction thereof, and
the sum of $15 for each additional square yard or fraction thereof
of roadway excavated or tunneled.
B.
The width of the trench excavated, and the shoring or sheathing necessary,
shall in every case conform to that of the accepted engineering practice
and shall be subject to the approval of the Borough Engineer.
C.
The Borough may amend the permit fee schedule from time to time by
resolution.
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;
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 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, and all such work shall be subject
to the provisions of this article and to the supervision and approval
of the Borough Engineer, provided that the Borough Engineer may require
that 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 actual cost
of the work plus 20%.
[Amended 3-21-1983 by Ord. No. 83-2]
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 such permission
of the proper authorities in connection with subsurface lines or constructions
shall have been obtained and all other requirements of the Commonwealth
of Pennsylvania be met, to include but not be limited to requirements
under Pennsylvania Act 287.
D.
No tunnelling shall be allowed without the express approval of the
Borough Engineer and permission therefor endorsed upon the permit.
The backfilling of a tunnel excavation shall be made only in the presence
of the Borough Engineer or an inspector designated by him, and shall
be done only in a method approved by him.
E.
All openings or excavations are to be backfilled promptly with suitable
materials and thoroughly compacted in layers, each of which shall
not exceed four 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 with Pennsylvania Department
of Transportation Type 2 R C crushed aggregate shall be used and thoroughly
bound and compacted and flush with the adjoining paving. A minimum
of two inches of HM asphalt or stock patching material shall be placed
and compacted to match adjoining paving.
[Amended 7-9-2020 by Ord. No. 2020-04]
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 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 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 said excavation.
H.
The applicant 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, in the case of improved streets, by temporary
paving or permanent restoration as determined by the Borough.
I.
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 that the work for which the
permit was granted is not completed within the time fixed by the Borough
Engineer, the Borough may proceed to correct such unsatisfactory work
or complete any such work not completed, and charge the cost therefor,
plus 20% to the applicant.
J.
Requirements to make permanent restoration to street openings shall
be in accordance with Borough regulations as follows:
[Added 7-9-2020 by Ord. No. 2020-04]
(1)
If
two cuts are made less than 100 feet apart, the entire area between
the two cuts, and including the two cuts, shall be milled and overlaid
for a width of 1/2 the street width, unless the repair crosses the
center line of the street, then the mill and overlay shall be for
the full width of the street.
(2)
If
more than four cuts are made within a 500-foot span in the street,
the section must be milled and overlaid for 1/2 the width of the street,
unless the repair crosses the center line of the street, then the
mill and overlay shall be for the full width of the street for the
entire length of work.
(3)
Milling
and overlay may also be required wherever designated by the Borough
Engineer, Borough Streets Foreman or designee.
(4)
The
time from milling to final paving of the street shall not be closed
to traffic overnight. The permittee is responsible for traffic control
during the street closure period.
(5)
The
permittee shall inspect all temporary patches on a weekly basis and
make necessary repairs until final repair is made.
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 such emergency condition shall not be immediately attended to by
the owner or person responsible for such pipe, line, construction
or apparatus, the Borough Engineer shall, after such notice as he
shall deem necessary under the circumstances of the particular case,
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 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 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. New paving shall not be opened 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 of such paving
to be determined by the Borough. If it is sought to excavate upon
or open a street within five years after the completion of the paving
thereof for any other reason than an emergency as above stated, the
applicant shall make a written application to the Borough Council,
and a permit for such opening shall only be issued after express approval
of Council.
A.
Permit/degradation fee. Prior to the issuance of a permit allowing excavation to be done to a street within five years after the last paving, a degradation fee shall be added to the permit fee. The applicant shall pay to the Borough a degradation fee in addition to the permit fee required in § 390-5 in accordance with the following schedule:
[Added 8-14-2014 by Ord. No. 2014-01]
(1)
For excavations that involve any portion of the paved roadway, including,
but not limited to, tarvia or asphaltic surfaced streets, paved streets,
either of brick, concrete, andesite or other asphaltic covering on
a concrete subbase, or other such rock material other than earth or
cinders, the following roadway excavation permit fee shall apply and
be added to the permit fee for each excavation as finally restored:
(a)
Roadway pavement age more than five years: $0.
(b)
Roadway pavement age less than five years: $100.
(c)
Roadway pavement age less than four years: $300.
(d)
Roadway pavement age less than three years: $500.
(e)
Roadway pavement age less than two years: $700.
(f)
Roadway pavement age less than one year: $900.
B.
Validation period. Any permit issued by the Borough for excavation
of a street or alley shall be valid for a period of 90 days from the
date of issuance, and no work shall be done after the permit has expired.
All work shall be done in accordance with the specifications of the
Borough Engineer.
[Added 8-14-2014 by Ord. No. 2014-01]
[Amended 3-21-1983 by Ord. No. 83-2]
No new underground utilities shall hereafter be laid or constructed
and no existing underground utilities 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.
[Added 8-14-2014 by Ord. No. 2014-01[1]]
A.
A utility pole installed within any Borough right-of-way shall be
removed by the current owner of the utility pole when said utility
pole is no longer in use, has been damaged beyond repair and/or is
being replaced with a new utility pole. The utility pole shall be
removed within 90 days form the date it is no longer in use.
B.
Any owner of a new utility pole or replacement utility pole to be
installed within the Borough right-of-way shall notify the Borough
of the intended installation and shall obtain a permit from the Borough
of Walnutport prior to installation of said new or replacement utility
pole.
C.
Any owner, who is of a utility pole which is to be removed who fails
to comply with any notice or order to remove an unused utility pole
or who violates any of the other provisions of this article shall
upon conviction before a Magisterial District Judge, be subject to
a fine of not less than $100 nor more than $1,000, plus costs, and
in default of payment of the fine and costs shall be subject to imprisonment
for a period not to exceed 90 days. Each day of a violation shall
be considered a separate violation and offense.
D.
Any owner of a utility pole who shall fail to comply with any notice
of order to remove a utility pole within 90 days of the receipt of
such notice, by such failure does empower the Borough to cause such
utility pole to be removed by the Borough and to cause the costs of
such removal together with a penalty of 10%, to be charged to the
owner and to recover such costs and penalty in a suit at law against
the owner or owners but failing to recover same to have the judgment
therefore to be charged upon any land of owner as a lien. This remedy
is separate from, and in addition to the fine, penalty and costs which
may be imposed by any other subsection of this Section.
[Amended 3-21-1983 by Ord. No. 83-2]
Any 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 or any other
remedies for collection that may be available to the Borough both
in law and equity.
[Amended 3-21-1983 by Ord. No. 83-2; 6-14-2012 by Ord. No. 2012-08]
Any person, whether as principal, agent or employee, violating
or assisting in the violation of any of the provisions of this article,
shall, upon conviction before a Magisterial District Judge, be sentenced
to a fine not to exceed $600 and costs or to imprisonment for a term
not to exceed 30 days.
