[Adopted 6-8-1970 by Ord. No. 335 (Ch. 21, Part 1, of the
1992 Code of Ordinances)]
A.
PERSON
STREET
The following words, when used in this article, shall have the meanings
hereby respectively ascribed thereto, except where the context clearly
indicates otherwise:
Any natural person, partnership, association, firm or corporation.
Any public street, avenue, road, square, alley, highway or
other public place located in the Borough and established for the
use of vehicles.
B.
In this article, the singular shall include the plural, the plural
shall include the singular, and the masculine shall include the feminine
and the neuter.
It shall be unlawful for any person to open or to make any excavation
of any kind in any street in the Borough except in and upon those
portions thereof established for the use of vehicles.
It shall be unlawful for any person to open or to make any excavation
of any kind in any street in the Borough without first securing a
permit therefor, as hereinafter provided.
Any person who shall desire to make any opening or excavation
in any street in the Borough of Mount Joy shall first make application
to the Mayor in writing for the purpose. Such application shall be
made upon blanks to be furnished by the Borough and shall set forth
the name of the applicant, the exact location of the proposed opening
or excavation, and the approximate size and 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 4-14-1980 by Ord. No. 411; 9-14-1992 by Ord. No. 497]
Before any permit shall be issued to open or excavate any street in the Borough, the applicant shall pay to the Borough Secretary a permit fee, as established from time to time by resolution of Borough Council, to cover the initial cost of inspection and other incidental services in connection therewith. The Borough shall have the right in its discretion to waive fees for contractors performing work under contract with the Borough. In addition to the permit fee, the applicant shall provide the Borough with a bond or other satisfactory surety as set forth in § 232-7 of this article.
[Amended 9-14-1992 by Ord. No. 497]
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 of the
Commonwealth of Pennsylvania, 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 shall
be of the same surface covering as the part of the street 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.
[Amended 4-14-1980 by Ord. No. 411]
A.
All other work in connection with opening any street, including excavation,
protection and refilling, 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 of the Borough Engineer or any other person
designated by the Borough Council for the purpose, provided that the
Borough Engineer or other person so designated may require that cutting
of the surfaces 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 the actual cost of the work,
plus 10%.
B.
Public utility companies desiring to open and excavate a street shall
establish an escrow account in the name of the Borough of Mount Joy
in the amount of 10% of the total cost of the project or $1,000, whichever
is the greater. In the event that a public utility company is engaged
in two or more unrelated street opening projects, said public utility
company shall execute a separate and distinct escrow account for each
opening project. A public utility may, upon petition before Borough
Council, establish an annual deposit account or make such other arrangements
in such amounts as are approved by Borough Council.
C.
All other persons, including contractors performing work for Borough
municipal authorities, desiring to open a street shall furnish a properly
executed corporate surety bond. The bond shall be executed by a reputable
surety company licensed to do business in the Commonwealth of Pennsylvania.
All bonds secured by contractors performing work under contract with
Borough municipal authorities must be countersigned by the director
or chairman of the authority. Any person may, upon petition to Borough
Council, request that a deposit or irrevocable letter of credit be
established in lieu of a bond, with the same terms for bonds set forth
in this article, upon approval by Council.
D.
Said bond and escrow account or irrevocable letter of credit shall cover street opening work performed during the calendar year. The bond, escrow account or irrevocable letter of credit shall be in effect for two years after the restoration of the surface of the street in accordance with § 232-6 in order that the Borough may collect from the bond or other surety the cost of all necessary repairs to the permanent paving and any additional costs that the Borough may incur in accordance with the provisions of this article. The amount of the surety bonds shall be $1,000, unless any street excavation or restoration work for a single project exceeds the one-thousand-dollar figure. In such event, its applicant must secure additional bonding in an amount equal to the difference between the one-thousand-dollar figure and the dollar amount computed in accordance with the prevailing costs of construction, as determined from time to time by the Borough Engineer.
A.
No opening or excavation in any street shall extend from the curbline
into the roadway a distance greater than one foot beyond the center
line of the street before being refilled and the surface of the street
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 any water main, sewer, sewer connection, or any other subsurface
line or construction until permission of the proper authorities in
connection with such subsurface lines or constructions shall have
been obtained.
D.
No tunneling 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 and excavations shall be backfilled promptly with suitable
materials and thoroughly compacted in layers, each of which shall
not exceed six 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 of suitable stony materials,
thoroughly bound and compacted, shall be installed flush with the
surface of the adjoining paving.
G.
During the making of any opening or excavation in any street, every
necessary and reasonable precaution shall be taken by the applicant
and the parties making the same to keep the street in a safe and passable
condition, both day and night, by guards, barriers, lanterns and other
devices, and all permits issued under this article 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 or damages, or otherwise whatsoever, that may or shall be
occasioned at any time by the said excavation or by any leak, explosion
or other injury from any pipe, apparatus, conduit or any other matter
placed in the said opening or excavation.
H.
The applicant shall notify the Borough Engineer or the other person
designated by the Borough Council as supervisor of the said work when
the opening or excavation is ready for backfilling, before backfilling
in the case of any unimproved street and for temporary paving in the
case of any improved street.
I.
In the event that any work performed by or for a permit holder shall,
in the opinion of the Borough Engineer or the other person designated
by the Borough Council as supervisor, 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 shall not be completed within the time fixed by
the Borough Secretary and specified on the permit, the Borough may
proceed to correct such unsatisfactory work or to complete such work
not completed and shall charge the cost thereof, plus 10%, to the
applicant.
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 opening or 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 shall be fully complied
with. If any such emergency condition shall not be attended to immediately
by the owner or person responsible for such pipe, line, construction
or apparatus, the Borough Engineer, after such notice as he shall
deem necessary under the circumstances of the particular case, shall
proceed to do the work necessary and required by such emergency, and
the Borough shall charge the same on the basis of the cost, plus 10%,
to such owner or person.
The Borough Secretary shall give timely notice to all persons
owning property abutting on any street in the Borough about to be
paved or improved and to all public utility companies operating in
the Borough, and such persons and utility companies shall make all
water, gas or sewer connections, as well as any repairs thereto, which
would necessitate opening or excavation of such street within 30 days
from the giving of such notice, unless the time shall be extended,
in writing, for cause shown by the Borough Engineer. 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 Engineer. If it is sought to open or excavate a street within
five years after the completion of the paving thereof for any reason
other than an emergency as above stated, the applicant shall make
application to the Borough Council, and a permit for such opening
shall be issued only after express approval of Council.
No new water or gas main shall hereafter be laid or constructed
and no existing water or gas main shall be extended in any street
in the Borough until the exact location thereof and the plan therefor
shall have first been approved by the Borough Council.
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.
[Amended 9-14-1992 by Ord. No. 497]
Any person who shall violate any provision of this article shall,
upon conviction thereof, be sentenced to pay a fine not less than
$50 and not exceeding $600 and costs and, in default of payment thereof,
shall be subject to imprisonment for a term not to exceed 30 days.
Each day that a violation of this article continues shall constitute
a separate offense.
Nothing in this article shall apply to the laying of sidewalks
or curbs or to the planting of poles.
