[Adopted 5-13-1970 as Secs. 15-1, 15-2, 15-3 and 15-4 of the 1970 Revised
General Ordinances (Ch. 281, Art. III, of the 1992 Code)]
As used in this article, the following terms shall have the
meanings indicated:
Any road surfaced with a pavement such as asphalt, concrete,
bituminous concrete, brick or similar pavement and any road having
a concrete base.
Any road surfaced with stone or slag uniformly deposited
in layers, with a total thickness of not less than four inches, where
the stone or slag has been compacted by the use of a power roller
and bound together by the application of bituminous binder tar or
asphaltic binder.
Any macadam or other road surfaced with a light coat of stone
or oil or any water-bound macadam road without treatment and any gravel
or cinder road with oil treatment.
Any road, highway, public way, public alley, easement or
other right-of-way accepted or maintained by the Borough as a public
street, as well as any state or county road or highway over which
the Borough has acquired jurisdiction by agreement.
Any cinder, dirt or gravel road without oil treatment and
all other roads under the jurisdiction of the Borough of Wallington.
A.
No person shall make an excavation in or tunnel under any street
without first obtaining a permit from the Borough Engineer.
B.
A tunnel or excavation may be commenced without a permit where an
emergency has arisen which makes it necessary to start work immediately,
provided that the application for permit is made simultaneously with
the commencement of the work or as soon thereafter as is practical.
When issued, the permit shall be retroactive to the date on which
the work was begun.
C.
The Borough Engineer may issue permits to other public bodies without
fee.
A.
Application for a permit shall be made to the Borough Engineer and
contain the following information:
(1)
The name and address of the applicant.
(2)
The name of the street where the opening is to be made and the street
number, if any, of the abutting property.
(3)
The Borough of Wallington Tax Map block and lot number of the property
for the benefit of which the opening is to be made.
(4)
The nature of the surface in which the opening is to be made.
(5)
The character and purpose of the work proposed.
(6)
The time when the work is to be commenced and completed.
B.
Each application shall be accompanied by a set of plans in quadruplicate
showing the exact location and dimensions of all openings.
Each permit shall state the identity and address of the applicant,
the name of the street and the location where the excavation or tunnel
is to be made, the dimensions of the opening and the period during
which the permit shall be valid. The original of each permit shall
remain on file with the Borough Engineer.
[Amended 3-13-1986 by Ord. No. 86-4; 12-20-1993 by Ord. No. 93-19; 7-21-1994 by Ord. No. 94-20]
A.
The applicant shall be charged a fee of $75 for each permit, payable
on application therefor.
B.
In addition, the applicant shall post a deposit by cash or certified
check according to the following schedule.
C.
No deposit shall be charged for a tunneling operation which does
not involve any injury to the surface of the street.
D.
The deposit is predicated on an excavation which involves a perpendicular
trench four feet wide from the center of the street to the curbline.
Where an excavation of greater area is required, the Borough Engineer
may impose an additional deposit, which shall be proportioned to the
increased size of the excavation. Where the excavation is to be made
in a heavily traveled street or where for any other reason it is necessary
for the Borough to station a police officer near the excavation to
direct traffic, the applicant shall also be charged an amount sufficient
to compensate the Borough for the expense of stationing the police
officer at the excavation.
If the Borough Engineer determines that an excavation for which
a permit has been issued is of greater dimensions than those stated
in the permit, he shall notify the permittee, who may be required
to pay an additional deposit before continuing any work in connection
with the excavation.
No permit shall be issued until the applicant has furnished
the Borough Engineer with satisfactory proof that he is insured against
injury to persons and damage to property caused by any act or omission
of the applicant, his agents, employees or subcontractors done in
the course of the work to be performed under the permit. The insurance
shall cover all hazards likely to arise in connection with the work,
including but not limited to collapse and explosion, and shall also
insure against liability arising from completed operations. The limits
of the policy of insurance shall be $100,000 for injury to any one
person, $300,000 for injuries to more than one person in the same
accident and an aggregate of $100,000 for property damage for a single
incident. The Borough Engineer may waive the requirements of this
section in the case of public utilities upon the presentation of satisfactory
proof that the utility is capable of meeting claims against it up
to the amount of the limits of the insurance policy which would otherwise
be required.
All permits issued under this article shall be subject to the
following rules and regulations:
A.
All excavations shall be kept properly barricaded at all times and
during the hours of darkness shall be provided with proper warning
lights. This regulation shall not excuse the permittee from taking
any other precaution reasonably necessary for the protection of persons
or property.
B.
All work shall be done in such manner as to cause a minimum of interference
with travel on the street affected. No street shall be closed to traffic
unless the closing is approved by the Chief of Police. The Chief of
Police shall be informed of all street closings at least 24 hours
in advance.
C.
Upon application by the permittee, the Borough Engineer may extend
the time limit during which the permit shall be valid.
D.
No work shall be done in such manner as to interfere with any water
main or sewer line or any connection with either of the same from
any building unless that is the purpose of the excavation or permission
has been obtained in advance from the Borough Engineer or the sewerage
authority. No work shall be carried on in such manner as to result
in damage or destruction of any property of the Borough or sewerage
authority unless it is necessary for completion of the work and permission
has been obtained in advance from the head of the Borough department
or agency having jurisdiction over such property.
E.
All excavations shall be completely backfilled by the permittee and
shall be compacted by tamping or other suitable means in a manner
prescribed by the Borough Engineer. Where the Engineer determines
that the excavated material is unsuitable for backfill, the permittee
shall backfill the excavation with sand, soft coal, cinders or other
suitable material, which shall be placed in layers not exceeding six
inches in depth and thoroughly compacted in the manner prescribed
by the Engineer. Upon completion of the work, the permittee shall
remove any excess material and leave the premises in a clean condition.
If the Borough Engineer determines that any backfilled excavation
has settled or caved in, he shall notify the permittee, who shall
promptly continue backfilling until the Engineer determines that settlement
is complete.
F.
If tunneling operations are required, the tunnel shall be backfilled
with rammed concrete composed of one part cement to 10 parts sand.
G.
If blasting is required to be done in the course of any excavation,
it shall be done in strict compliance with all applicable state laws
and regulations. The time of blasting and the size and shape of charges
shall be approved by the Borough Engineer. The Engineer shall also
impose such other requirements as circumstances may require to ensure
the public safety before any blasting shall be permitted.
H.
If the work is not completed within the time specified in the permit
or any extension granted by the Borough Engineer or is not performed
in accordance with the regulations set forth in this section and any
other regulations that may be established by the Borough Engineer,
then the Engineer may complete the work and restore the surface of
the street. The cost of completing the work and restoring the street
shall be charged to the permittee and may be deducted from his deposit
or recovered by an action in any court of competent jurisdiction.
A.
Transferability. A permit shall apply only to the person to whom
it is issued and shall not be transferable.
B.
Commencement of work. Work under a permit shall commence within 45
days from the date of issuance. If work is not commenced within that
time, the permit shall automatically terminate unless extended, in
writing, by the Borough Engineer.
C.
Possession of permit. A copy of the permit, together with a copy
of the plan endorsed with the approval of the Borough Engineer, shall
be kept in possession of the person actually performing the work and
exhibited on demand to any authorized agent of the Borough Engineer
or any police officer of the Borough.
D.
Revocation of permit.
(1)
The Borough Engineer may revoke a permit for any of the following
reasons:
(a)
Violation of any provision of this article or any other applicable
rules, regulations, law or ordinance.
(b)
Violation of any condition of the permit.
(c)
Carrying on work under the permit in a manner which endangers
life or property or which creates any condition which is unhealthy,
unsanitary or declared by any provision of this Code to constitute
a nuisance.
(2)
The procedure for revoking a permit shall be the same as that set forth in § 272-11 of this Code for revocation of licenses, except that an initial hearing shall be before the Borough Engineer with a right of appeal to the Council, and the Engineer may provide in his decision that the revocation shall not become effective if the permittee corrects the violation within a specified period of time.
E.
Modification of permit conditions. In a special case, the Council
may, by resolution, impose special conditions to which the issuance
of a permit may be subject or may decide that any provision of this
article shall not apply or shall be altered.
The Borough Engineer may make any rules and regulations which
he considers necessary for the administration and enforcement of this
article, but no regulation shall be inconsistent with, alter or amend
any provision of this article or impose any requirement which is in
addition to those expressly or by implication imposed by this article.
No regulations shall be effective unless they shall be approved by
resolution of the Council. Copies of all current regulations shall
be furnished each permittee at the time the permit is issued.
A.
Notice of improvement. Before any street is improved or paved, the Borough Engineer shall give notice that the street is about to be paved or improved to all persons owning property abutting on the street and to all public utilities and authorities operating in the Borough. All connections and repairs to utilities in the street and all other work which requires excavation of the street shall be completed within 30 days from the receipt of notice. The time for the completion of the work may be extended, in writing, by the Engineer upon application by the person performing the work. This subsection shall not excuse any person from the requirement of obtaining a permit as provided in § 325-10A.
A.
Map requirements. Any person owning, using or controlling pipes,
conduits, ducts or other facilities under the surface of any street
used for the purpose of supplying gas, electricity, communications,
water or steam to or from the Borough or its inhabitants or for any
other purposes shall file with the Borough Engineer accurate information
showing the location, size and description of all installations.
B.
Changes. On or before January 31 of each year, all such persons shall
file with the Borough Engineer additional information showing all
installations made or abandoned during the previous year. If no changes
have been made to the installations during the previous year, a written
statement to that effect may be filed with the Engineer within the
period of time specified above. Any person subject to this section
may elect to provide additional information throughout the year as
it is available.
A.
Permit required. It shall be unlawful for any person to construct
or remove or cause to be constructed or removed any sidewalk, driveway
apron, curb or gutter or any part thereof within any public right-of-way
in the Borough without first having obtained a permit from the Borough
Engineer.
B.
Application information. Application for a permit shall be made to
the Borough Engineer by the owner of the premises or his agent on
forms provided by the Borough, which application shall contain the
following information:
(1)
The name and address of the applicant.
(2)
The name and address of the person who is to perform the proposed
work and the name and address of the owner of the property on which
the work is to be performed, if other than the applicant.
(3)
The location, by street number or otherwise, of the premises where
the work is to be done.
(4)
The estimated cost of the proposed work.
(5)
A line and grade plan showing the proposed work, including its exact
location with respect to a street intersection or some other fixed
and prominent object, as well as its width and relationship to the
grade of the street and the adjacent property and, in the case of
a driveway apron, its slope or pitch.
(6)
Any other information that the Borough Engineer deems necessary in
order to determine whether the work will comply with this article.
C.
Fees. A fee of $25 shall be charged for each permit, and, in addition,
the applicant shall pay the cost of all tests which the Borough Engineer
deems necessary. The fee shall be paid at the time the application
is filed, and the cost of all proposed tests shall be paid prior to
the issuance of any permit.
[Amended 12-20-1993 by Ord. No. 93-19]
D.
Specifications.
(1)
All materials and work shall be in accordance with specifications
on file in the office of the Borough Engineer.
(2)
Any sidewalk, driveway apron, curb or gutter which is removed shall
be promptly replaced in accordance with Borough specifications.
(3)
No concrete sidewalk shall be replaced or covered with blacktop.
(4)
Whenever a curb cut or driveway depression is required, the entire
section or sections of curb or curb and gutter shall be removed and
replaced. The breaking and recapping of curbing is specifically prohibited.
