[Adopted 11-14-1985 by Ord. No. 549 (Ch. 21, Part 2, of the
1985 Code of Ordinances)]
A.
EXCAVATION
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:
Any activity within the right-of-way of any street, alley
or cartway which involves cutting, breaking or disturbing the surface
thereof. In this article, the term "opening" shall have essentially
the same meaning as "excavation."
Any natural person, partnership, firm, association, corporation
or municipal authority.
Any public street, avenue, road, square, alley, highway or
other public place located in the Borough of Trainer and established
for the use of vehicles, but shall not include state highways.
B.
In this article, the singular shall include the plural, 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 of the streets 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 of the streets in the Borough shall make application to the
Borough Secretary in writing for that 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 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 7-10-1986 by Ord. No. 559]
A.
Before any permit shall be issued to open or excavate any street
in the Borough, the applicant shall pay a permit fee in the amount
of $125 to cover the cost of inspection and other incidental services
in connection therewith.
B.
In the event that a permit holder promptly refills and properly restores the street opening/excavation, notifies the Borough of all activities taken in regard thereto, as required by § 226-27I, and his work is approved on the first inspection after the work is completed, the permit holder shall receive a refund of his permit fee in the amount of $50.
Permits shall be issued only to persons furnishing public utility
services or the owner or owners of the real property adjoining the
location where such opening or excavation is to be made.
Any permit issued hereunder shall specify the exact location
where the opening or excavation is to be made, the approximate permitted
size or depth thereof, and the time within which the work for which
the permit is granted to be completed.
A permit may be issued to the applicant after all the requirements
therefor have been filed. If the application is disapproved, written
notice of disapproval, together with reasons therefor, shall be given
to the applicant.
The work authorized by the permit is subject to all the provisions
of the Act of December 10, 1974, P.L. 852, No. 287, § 1
et seq., as amended or supplemented from time to time.[1] It shall be the permittee's responsibility to contact
the utilities that have recorded their facilities in compliance with
said Act. A partial list of utilities providing services in the Borough
of Trainer and their office addresses may be obtained from the County
Recorder of Deeds.
[1]
Editor's Note: The Pennsylvania One Call Law, PA Act 287,
as amended by Act 187 of 1996, 73 P.S. § 176 et seq.
Any person who shall open or excavate any street in the Borough
shall thoroughly and completely refill the opening or excavation in
such a manner 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 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 or for the person to whom or which the permit has been issued at
his or its expense, and all such work shall be subject to the provisions
of this article and to the supervision and approval of the designated
official, provided that the Borough Secretary may, if he deems it
necessary to the proper performance of the work, require that cutting
of the surface of streets and the backfilling of all excavations therein
shall be done by the Borough, in which event the applicant shall pay
the actual cost of the work performed by the Borough.
[Amended 7-10-1986 by Ord. No. 559]
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 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 Secretary and permission therefor endorsed upon the permit.
The backfilling of a tunnel excavation shall be made only in the presence
of the Borough Secretary or an inspector designated by him and shall
be done only in a method approved by him.
E.
All openings or excavations shall be backfilled promptly with modified
2A stones and thoroughly compacted in layers, each of which layers
shall not exceed eight inches in depth. Backfilling shall be placed
to within 10 inches of the surface.
F.
A temporary paving of cold-patch premix, thoroughly bound and compacted,
shall be installed flush with the surface of the adjoining paving
and maintained for a period of 90 days.
G.
On concrete base streets, such base shall be replaced with concrete,
and the minimum size of the opening or excavation shall be 16 square
feet.
H.
During the making of any excavation in the 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 excavating permits granted hereunder 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 the said excavation or by any leak, explosion
or other injury from any pipe, apparatus, conduit or any other matter
placed in the said excavation.
I.
The applicant shall notify the Borough Secretary when the opening
or excavation is ready for backfilling, before any backfilling is
done; when backfilling work is completed; when the temporary paving
has been installed, and when the street has been permanently restored,
so that inspections may be made.
J.
In the event that any work performed by or for a permit holder shall,
in the opinion of the Borough Secretary, 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
Secretary, the Borough of Trainer may proceed to correct such unsatisfactory
work or complete any such work not completed and charge the cost thereof,
plus 20% to the applicant.
K.
In addition to all other requirements, procedures and instructions
provided by ordinance to be followed by permit holders, permit holders
must follow all requirements, instructions and procedures contained
on or attached to the permit.
L.
Longitudinal openings or excavations of a public highway, street,
sidewalk or other right-of-way shall require full depth restoration
of the trench and, at a minimum, milling and overlay of the cartway
from the curb (or edge of road) to the centerline of the road. Additional
milling and paving up to the full width of the road may be required
by the Borough, depending on the extent of the disturbance to the
road.
[Added 11-14-2013 by Ord.
No. 735]
M.
When four or more openings are made in a street within 100 lineal
feet, the permit holder shall complete the permanent restoration of
the street for the entire length of the road between the ends of the
furthest openings, extending a minimum of the curbline (or edge of
road) to the centerline of the road.
[Added 11-14-2013 by Ord.
No. 735]
N.
Unless otherwise specified, permanent highway pavement restoration
shall consist of at a minimum eight-inch-thick bituminous concrete
base course and a two-inch-thick wearing course, in accordance with
the most recent Pennsylvania Department of Transportation standards.
Additionally, edges of the excavation shall be cut back in base and
wearing courses 12 inches, and the finished edges shall be hot sealed
with an application of AC-20 bituminous sealer after placement of
wearing course.
[Added 11-14-2013 by Ord.
No. 735]
O.
Except for emergencies, excavations are not permitted in streets
that have been built or overlaid within the previous five years, unless
the applicant agrees to mill and overlay the full width of the excavated
section with 1 1/2 inches of superpave wearing course. In the
case of transverse crossings, the overlay shall extend a distance
of 100 feet on either side of the excavation.
[Added 11-14-2013 by Ord.
No. 735]
P.
The surface of the highway, street, sidewalk or other public right-of-way
shall be restored, and a satisfactory guaranty shall be furnished,
in writing, guaranteeing that the restoration is done in accordance
with the requirements of the Borough Engineer and will be maintained
for a period of one year from the date of completion of permanent
restoration. The restoration and maintenance shall be to the satisfaction
of the Engineer.
[Added 11-14-2013 by Ord.
No. 735]
Q.
Before commencing any work on a street opening or excavation, a street
opening permit holder shall fully comply by registering with Pennsylvania's
One Call System pursuant to 73 P.S. § 176 et seq., as may
be amended from time to time.
[Added 11-14-2013 by Ord.
No. 735]
R.
Each permit holder shall perform construction activity in a manner
consistent and in compliance with the detailed plans it submitted
to the Borough and all applicable federal, state and local laws and
regulations.
[Added 11-14-2013 by Ord.
No. 735]
S.
All street openings or excavations made or obstructions created must
be properly marked by barricades and flashing amber lights so placed
as to indicate from the roadway in both directions the exact location
and limits of said work or obstruction.
[Added 11-14-2013 by Ord.
No. 735]
T.
Whenever a permit holder damages a public right-of-way or Borough
property in the right-of-way, the permit holder shall restore such
right-of-way or property within a period of 30 days.
[Added 11-14-2013 by Ord.
No. 735]
U.
A street opening or excavation, any facilities installed, and any
equipment, materials or methods engaged in the work shall not endanger
or interfere with the safety of persons or property within the Borough.
[Added 11-14-2013 by Ord.
No. 735]
V.
All operating, maintenance, construction and repair personnel shall
be thoroughly trained in the safe use of all equipment and materials
and in the safe operation of vehicles. Such personnel shall follow
all safety procedures required by applicable federal, state and local
laws and regulations.
[Added 11-14-2013 by Ord.
No. 735]
W.
The permit holder shall routinely inspect and maintain all work areas
so that conditions that could develop into safety hazards are corrected
before they become a hazard.
[Added 11-14-2013 by Ord.
No. 735]
X.
Except in the case of an emergency, at least seven days prior to
the commencement of any street opening or excavation, the permit holder
shall notify nearby residents of such construction activity in a manner
which is satisfactory to the Borough. The name of the permit holder
shall be clearly disclosed to such residents.
[Added 11-14-2013 by Ord.
No. 735]
Y.
All facilities shall be installed, where possible, parallel with
existing sewer, water, gas, electric, telephone, cable and other utility
lines.
[Added 11-14-2013 by Ord.
No. 735]
Z.
Completion inspection. Upon completion of work on a street opening
or excavation, the permit holder shall give written notice of completion
to the Borough. Upon notice of work completion, the Borough shall
inspect the work and, when necessary, enforce compliance with the
conditions, restrictions and regulations prescribed by the permit.
Where any settlement or defect in the work occurs, if the permit holder
fails to rectify any such settlement or other defect within 30 days
after written notice from the Borough to do so, the Borough may do
the work and shall impose upon the permit holder the cost thereof.
[Added 11-14-2013 by Ord.
No. 735]
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 any such emergency condition shall not be immediately attended
to by the owner or person responsible for such pipe, line, construction
or apparatus, the Borough Secretary, 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
charge the same on the basis of cost plus 20% to such owner or person.
The permission herein granted does not confer upon the permittee
or its contractors the right to cut, remove or destroy trees or shrubbery
within the legal right-of-way except under specifications, regulations
and conditions as the Borough may prescribe.
The Borough Secretary 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 Secretary. New paving shall not be
opened or excavated 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 or excavating of such paving to
be determined by the Borough Secretary. If it is sought to excavate
upon or open a sewer within five years after the completion of the
paving, the applicant shall make written application to the Borough
Council, and a permit for such opening shall be issued only after
express approval of the Borough Council.
If at any time in the future the roadway is widened, reconstructed
or the alignment or grades are changed, the permittee further agrees
to change or relocate all or any parts of the structures covered by
this permit which interfere with the improvement of the roadway at
its own cost and expense.
No new water, sewer, steam or gas main or electric, telephone
or other utility line shall hereafter be laid or constructed and no
such existing main or line shall be extended in any of the streets
of the Borough of Trainer until the plan therefor shall have been
first filed with the Borough Secretary and such plan and the exact
location of such main or line approved by him. The Borough Secretary
shall not approve the locating of any such main or line at a depth
of less than 30 inches from the surface of the street unless he shall
be convinced that locating the same at a depth of more than 30 inches
from the surface is impossible or impractical.
No company, corporation or association shall dig up any street
or alley without first giving to the Borough a bond with some acceptable
trust or surety company as surety in the sum of $10,000, conditioned
for the faithful performance of these provisions and also for any
and all damages, claims, demands, suits, costs and counsel fees occasioned
or arising from the digging up, opening or closing of said streets
and alleys.
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 by an action
in assumpsit or in the manner provided by law for the collection of
municipal claims.
[Amended 8-11-2005 by Ord. No. 670]
Any person, firm or corporation who shall violate any provision
of this article shall, upon conviction thereof, be sentenced to pay
a fine of not more than $600 and/or to imprisonment for a term not
to exceed 90 days. Every day that a violation of this article continues
shall constitute a separate offense.
The provisions of this article shall not apply to laying sidewalks
or curbs.
