[Adopted 9-7-1989 by Ord. No. 1016 (Ch. 21, Part 1A, of
the 1993 Code of Ordinances)]
A.
EXCAVATION
PERSON
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.
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 of Northampton 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 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.
