[Adopted 9-7-1989 by Ord. No. 1016 (Ch. 21, Part 1A, of the 1993 Code of Ordinances)]
A. 
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:
EXCAVATION
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."
PERSON
Any natural person, partnership, firm, association, corporation or municipal authority.
B. 
In this article, the singular shall include the plural and the masculine shall include the feminine and the neuter.
Any person who shall desire to make any opening or excavation in any of the streets in the Borough of Northampton shall make application to the Borough of Northampton in writing for that purpose. Such application shall be made upon blanks to be furnished by the Borough of Northampton 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 be done in full compliance with the ordinances of the Borough of Northampton and the laws of the commonwealth in relation thereto, and that the applicant shall well and truly save, defend and keep harmless the Borough of Northampton from and indemnify it against any and all actions, suits, demands, payments, costs and charges for or by any 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 7-15-1993 by Ord. No. 1048; 7-16-2009 by Ord. No. 1168]
Before any permit shall be issued to open or excavate any street in the Borough of Northampton, the applicant shall pay a permit fee in an amount established, from time to time, by resolution of Borough Council, to cover the cost of inspection and other incidental services in connection therewith. When application shall be made to open or excavate any longitudinal opening or excavation in excess of 10 square feet, before any permit shall be issued so to open or excavate, the applicant shall pay in addition to such minimum fee, an additional fee for each 50 feet, or fraction thereof, to be opened or excavated upon such street.
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. No permits will be issued from November 1 to March 30. The only exception will be emergency excavations approved by the Borough Manager.
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 is to be completed.
A permit may be issued to the applicant after all the requirements therefor have been filled. 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 Northampton and their office addresses may be obtained from the County Recorder of Deeds.
[1]
Editor's Note: See 73 P.S. § 176 et seq.
[Amended 7-15-1993 by Ord. No. 1048; 7-16-2009 by Ord. No. 1168]
Any person who shall open or excavate any street in the Borough of Northampton shall thoroughly and completely refill the opening or excavation in such a manner as to prevent any settling thereafter, and shall restore the surface within 120 days after the original excavation 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 of Northampton for restoration of surfaces of streets in the Borough of Northampton. 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, the applicant shall reimburse the Borough of Northampton for the cost of all necessary repairs to the permanent paving, plus an additional 20% service charge.
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 Manager 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 of Northampton in which event the applicant shall pay the actual cost of the work performed by the Borough of Northampton, plus an additional 20% service charge to the applicant.
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 100 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 construction shall have been obtained.
D. 
No tunneling shall be allowed without the express written approval of the Borough Manager and permission therefor endorsed upon the permit. The backfilling of a tunnel excavation shall be made only in the presence of the Code Enforcement Officer or an inspector designated by him, and shall be done only in a method approved by him.
[Amended 7-16-2009 by Ord. No. 1168]
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 coldpatch premix, thoroughly bound and compacted, shall be installed flush with the surface of the adjoining paving within 48 hours 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 of Northampton from any loss in damages, or otherwise whatsoever, which may or shall be occasioned 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 Code Enforcement Officer 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 Code Enforcement Office, be unsatisfactory, and the same shall not be corrected in accordance with his instructions within the time fixed, or in the event that the work for which the permit was granted is not completed within the time fixed by the Borough of Northampton, the Borough of Northampton may proceed to correct such unsatisfactory work or complete any such work not completed, and charge the cost thereof, plus 20% to the applicant.
[Amended 7-16-2009 by Ord. No. 1168]
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 48 hours after commencement, and that all other provisions of this article are fully complied with.
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 of Northampton may prescribe.
The Borough of Northampton shall give timely notice to all persons owning property abutting on any street within the Borough of Northampton about to be paved or improved, and to all public utility companies operating in the Borough of Northampton, and all such persons and utility companies shall make all water, gas, telephone or electric 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 of Northampton. A no-fee permit will be issued for work performed prior to street improvements. New paving shall not be opened or excavated for a period of five years after the completion thereof, except in case of emergency. Any other exception must have approval of 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 part 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, 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 Northampton until the plan therefor shall have been first filed with the Borough and such plan, and the exact location of such main or line, approved by him. The Borough of Northampton 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 they shall be convinced that locating the same at a depth of more than 30 inches from the surface is impossible or impractical.
A. 
No company, corporation or association shall dig up any street or alley without first giving to the Borough of Northampton a bond with some acceptable trust or surety company as surety in the sum of $10,000 per street cut, 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.
B. 
In lieu of posting a $10,000 bond for each street cut a company, corporation or association can provide an annual bond to the Borough of Northampton for $100,000. This annual bond will cover any and all street cuts made between January 1 and December 31.
Payment for all work done by the Borough of Northampton 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 of Northampton. Upon failure to pay such charges within such time, the same shall be collectable by the Borough of Northampton by civil action.
[Amended 7-15-1993 by Ord. No. 1048]
Any person who shall violate any provision of this article shall, upon conviction thereof, be sentenced to pay a fine 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.