The following words and phrases, when used in this article,
shall have the meanings respectively ascribed to them:
EMERGENCY ACTION
Any event which may threaten public health or safety, including
but not limited to leaking water- or gas-conduit systems; damaged,
plugged or leaking sewer or storm drain conduit systems; damaged underground
electrical and communication facilities; or downed overhead pole structures.
EXCAVATION
Any opening/cut in the surface of a public right-of-way made
in any manner whatsoever, except an opening in a lawful structure
below the surface of a public right-of-way, the top of which is flush
with the adjoining surface and so constructed as to permit frequent
openings without injury or damage to the public right-of-way.
FACILITY
Pipe, pipeline, tube, main, service, trap, vent, vault, manhole,
meter, gauge, regulator, valve, conduit, wire tower, pole, pole line,
anchor, cable, junction box, or any material, structure or object
of any kind or character, whether enumerated herein or not, which
is or may be lawfully constructed, left, placed or maintained in,
upon, along, across, under or over any public place.
PERMITTEE
A person who has obtained a permit as required by this article.
PERSON
Any individual, firm, company, association, corporation,
trust or governmental authority, partnership, public or private corporation
or authority, trust, estate, governmental entity, or agency or political
subdivision of a municipality, the Commonwealth of Pennsylvania, or
other legal entity, or their representatives, agents or assigns. The
singular shall include the plural where indicated by the context.
PUBLIC RIGHT-OF-WAY
Any public street, way, place, sidewalk, park, square, plaza
or any other similar public property owned or controlled by the Borough
and dedicated to public use, and any dedicated but unordained street
or way.
UTILITY
A private company, corporation or quasi-municipal corporation
under the direction and control of the Public Utility Commission,
as defined in 66 Pa.C.S.A. § 102, as it may hereinafter
be amended.
Nothing in this article shall be construed to prevent the making
of such emergency excavations as may be necessary for the preservation
of life or property or for the location of trouble in conduit or pipe
or for making emergency repairs, provided that the person making such
excavation shall apply to the Borough for such a permit on the first
working day after such work is commenced. Before any excavation work
is started, the person or utility excavating must contact all utilities
for on-the-spot locations in accordance with PA One Call System.
For purposes of this article, every permittee shall maintain
at all times a minimum of $1,000,000 public liability insurance coverage
protecting himself, his agents and the Borough from all such claims
for damages or injuries and naming the Borough as an additional insured.
Evidence of such coverage shall be a condition precedent to the issuance
of any permit hereunder and shall be submitted in a form satisfactory
to the Borough.
Each permittee shall conduct and carry out excavation work in
such a manner as to avoid unnecessary inconvenience and annoyance
to the general public and occupants of neighboring property. The permittee
shall take appropriate measures to reduce, to the fullest extent practicable
in the performance of the excavation work, noise, dust and unsightly
debris.
Any monument set for the purpose of locating or preserving the
lines of any street or property subdivision, or a precise survey reference
point, or a permanent survey bench mark within the Borough shall not
be removed or disturbed or caused to be removed or disturbed without
first obtaining permission in writing from the Borough to do so. Permission
to remove or disturb such monuments, reference points or bench marks
shall be granted only when no alternative route for the proposed substructure
or conduit is available. If the Borough is satisfied that no alternative
route is available, permission shall be granted only upon condition,
by an agreement in writing, that the person or utility applying for
such permission shall pay all expenses incident to the proper replacement
of this monument by the permittee.
No person or utility shall remove, damage, haul away or cause
misalignment of any bituminous curb, granite curbing, including radius
curb and catch basin stones, for any reason whatsoever without first
receiving written permission from the Borough. The replacement or
realignment shall be done in a manner and under specifications prescribed
by the Borough and subject to inspection by the Town and shall be
completed within a period of 30 days after such authorization to complete
such work. The permittee shall, for a period of two years thereafter,
be fully liable for all defects in materials and workmanship relating
to such work and shall promptly repair or replace the same upon notice.
For streets with existing bituminous base or concrete which
are in poor condition, as verified by the Borough, final street cut
restoration must consist of eight inches minimum of bituminous concrete
base course (BCBC). Place 1 1/2 inches minimum ID-2 wearing course
to match the existing street surface. Seal all edges with AC 20 asphalt
sealer.
The uses of temporary cold patch and/or steel plates, weather
permitting, are permitted for street openings/cuts. Plates must be
secured to the pavement to prevent movement and noise by the use of
pins and cold patch under and around the edges. Under no circumstances
will the Borough permit a street cut to remain stone filled without
a cover as mentioned in this section.
Asphalt cement: AC-20 asphalt cement or Emulsion E-1 conforming
to PDT Bulletin 25. Bituminous concrete base course (BCBC): Conforming
to PennDOT Publication 408, Section 305. Wearing course mix: Hot-mixed,
hot-laid bituminous wearing course ID-2 conforming to PennDOT Publication
408, Section 420.
This section will only be used in limited conditions where approved
by the Borough. Perform work in accordance with PennDOT Publication
408, Section 636.
No trees are to be removed, cut, trimmed or pruned without first
obtaining the approval of the property owner and the Borough.
It is the permittee's responsibility to properly restore any
and all adjacent surfaces disturbed by the action of work in the right-of-way
to equal or better condition than existed prior to start of work.
Sidewalks, driveways, curbs, lawn or grass areas will be restored
in accordance with Borough details. All work is to be done at the
contractor's cost and expense to the satisfaction of the Borough and
the property owner in a timely manner.
This article shall not be construed as imposing upon the Borough
or any official or employee of the Borough any liability or responsibility
for damages to any person injured by the performance of an excavation
work for which an excavation permit is required under this article,
nor shall the Borough or any official or employee thereof be deemed
to have assumed any such liability or responsibility by reason of
inspections authorized hereunder, the issuance of any permit, or the
approval of any excavation work. In the case of a dedicated but unaccepted
street or way, this article shall not be construed as authorizing
any action that is inconsistent with any private rights in said street
or way by the Borough for highway or any other purposes.
The provisions of this article shall not apply to excavation
work authorized by the Borough Superintendent, by Borough employees
or contractors performing work under contract with the Borough necessitating
openings or excavations in Borough streets.