[Adopted 9-12-1988 by Ord. No. 950]
As used in this article, the following terms shall have the
meanings indicated:
Any person, partnership, firm, association, corporation or
utility company.
Any public street, avenue, road, square, alley, highway or
other public place located in the Borough of Tyrone and 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 of Tyrone 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 Tyrone shall make application,
in writing, for this 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 such other information as may be required upon said application
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
of Tyrone and the laws of the Commonwealth of Pennsylvania in relation
thereto and that the applicant shall well and truly save, defend and
keep harmless the Borough of Tyrone 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.
A.
Before any permit shall be issued to open or excavate any street,
the applicant shall pay to the Borough such fee as shall be required
by a schedule of fees which shall be established and may be amended,
from time to time, by resolution of the Borough Council. This schedule
shall be kept on file at the Tyrone Borough Municipal Office.
B.
All streets opened or excavated shall be immediately restored at
the expense of the person making such opening or excavation, and such
restoration shall be done in full compliance with the rules and regulations
set forth governing street openings and restoration thereof in the
Borough of Tyrone.
The Borough Superintendent of Streets and Highways shall promulgate
rules and regulations governing the opening, excavation, refilling,
resurfacing and repaving of streets in the Borough of Tyrone; and
after the same have been approved by the Council of the Borough of
Tyrone and entered upon the minutes of the Council, such rules and
regulations shall be the sole criteria for any work to be done and
or performed by any applicant or permittee governed by the terms of
this article. Copies of said rules and regulations shall be furnished
to any person making application hereunder.
In the event that work performed by or for a permit holder shall,
in the opinion of the Borough Superintendent of Streets and Highways,
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 therein, the Borough may proceed to correct such unsatisfactory
work or complete any such work not completed and charge the cost thereof,
plus 20%, to the applicant.
In case of any leak, explosion or other accident in any subsurface
pipe, construction or apparatus, it shall be unlawful for the person
owning or responsible for such pipe, line, construction or apparatus
to commence any 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
Superintendent of Streets and Highways, 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 to such owner or person on the basis of cost, plus
20%.
The Borough Superintendent of Streets and Highways 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
said street within 60 days from the giving of such notice. 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 Superintendent of Streets and Highways. If it is sought
to excavate upon or to open 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 written application to the Borough
Council, and a permit for such opening shall only be issued after
express approval of Council.
Any person who shall be convicted of a violation of any of the
provisions of this article before any Magisterial District Judge shall
be sentenced to pay a fine not more than $600.
A.
The work authorized by the street opening permit shall be done at
such time and in such a manner as shall be consistent with the safety
of the public and shall conform to all requirements and standards
of the Borough of Tyrone. If at any time it shall be found by the
Superintendent of Streets and Highways that the work is not being
done or has not been properly performed, the permit holder, upon being
notified by the Superintendent of Streets and Highways, shall immediately
take the necessary steps, at its own expense, toward placing the work
in condition to conform to said requirements and standards.
B.
In the event of willful failure or neglect by the permit holder to
perform and comply with the conditions, restrictions and provisions
of these regulations, the Superintendent of Streets and Highways may
revoke and annul the street opening permit so issued and direct the
permit holder to remove any or all structures or property belonging
to said permit holder from the legal limits of the highway right-of-way.
C.
The issuing of a street opening permit does not relieve the permit
holder from obtaining any consent otherwise required from the owner
or owners of the abutting property. It shall also be the responsibility
of the permit holder to comply with all applicable laws of the Commonwealth
of Pennsylvania to contact local utility lines within the proposed
excavation area. Acts 287 and 172[1] require three working days' notice to utilities prior
to excavation.
[1]
Editor's Note: See 73 P.S. § 176 et seq.
D.
The permit holder shall at all times be responsible for any and all
subcontractors and employees working on a project and shall see that
such contractors abide by all regulations contained herein.
E.
The street opening permit shall be on the job site at all times.
F.
Any work done under a street opening permit shall be subject to the
conditions, restrictions and provisions of these regulations which
shall govern all excavations, opening and trenches for the purpose
of making repairs to or placing any poles, conduits, water, sewer,
steam or gas pipe or other structures or cables erected in or on a
highway right-of-way in the Borough of Tyrone.
A.
Traffic control for work authorized under a street opening permit
must be carried out in accordance with the requirements of the Borough
of Tyrone. In this connection, the permit holder shall use due diligence
in the execution of the work authorized in order not to obstruct unnecessarily
or endanger travel along said highways. All safety provisions for
the free movement of traffic shall be provided by the permit holder.
B.
Warning signs and reflectorized barricades with flashing lights shall
be placed so as to alert pedestrians and motor vehicles of any open
trench or hole in the highway right-of-way and shall be maintained
by the permit holder during the course of the permit work. All warning
devices and the placement of such devices shall conform to federal,
state and Borough standards.
C.
The permit holder shall make every effort to provide a throughway
on the street where he is working and to not impede the flow of traffic.
In making excavations across any street, not more than 1/2 the distance
across such street shall be opened or allowed to remain open at any
one time. If a street must be blocked off entirely during permit work,
such work shall be completed that same day or else plates or bridging
will be required to cover the opening until work is resumed the next
working day. All warning devices, reflectorized barricades and flashing
lights must remain in operation throughout the night.
A.
Upon issuance of a street opening permit, work must be started within
24 hours of the date so stated on the permit, and backfilling must
be completed within 24 hours as so stated on the permit, unless prior
notice is given to the Superintendent of Streets and Highways of good
and valid reason for delay.
B.
If work is stopped on a project for any reason other than by order
of the Superintendent of Streets and Highways, and, in the Superintendent's
opinion, the trench remains open for an unreasonable length of time,
he may direct the permit holder to refill the trench and cease work
until such time as he is prepared to proceed with the work until completion.
If the permit holder fails to comply with such a request, the Superintendent
of Streets and Highways may perform the necessary work subject to
reimbursement from the permit holder and to loss of the permit.
A.
All excavations in the street shall be cut square and no larger than
necessary to complete the proposed work.
B.
To protect the highway surface or pavement, the permit holder shall
not use any equipment not approved of by the Superintendent of Streets
and Highways. Such equipment shall have rubber runners or wheels.
In the event that other than rubber-equipped machinery is used, the
pavement shall be protected by the use of heavy rubber or similar
matting.
C.
The permit holder is responsible for all costs and expenses of making
and maintaining immediately temporary or permanent restoration of
disturbed areas. Temporary restoration shall be a suitable material
as specified by the Superintendent of Streets and Highways and shall
not be kept in place more than 60 days. The permit holder shall make
permanent restoration, as required by the Superintendent, of such
areas and be responsible for any subsequent failure of the surface
during a period of two years following completion of the permanent
restoration work.
D.
Local material excavated from the trench may be used for backfill
only if the material complies with Pennsylvania Department of Highways
specifications Form 408, Section 206.2, and is approved by the Superintendent
of Streets and Highways. This material must be mechanically compacted
in four-inch layers to within 28 inches of final grade. The next 24
inches shall be of 2 RC aggregate mechanically compacted in four-inch
layers. A four-inch layer shall then be placed consisting of either
ID-2 asphalt or at least three inches of BCBC bituminous concrete
topped with one inch of ID-2 surface course. All joints and edges
shall then be sealed with an eight-inch strip of either AC-20 liquid
asphalt or E-1 asphalt emulsion.
E.
All excess excavated material shall be removed and disposed of outside
the legal limits of the highways as the work progresses unless the
approval of the Superintendent of Streets and Highways is obtained
for disposal of the material within the legal limits of the highway.
All parts of the highway right-of-way disturbed shall be restored
to a condition equal to that which existed before starting the work.
F.
Where a drain, gutter, curb or other structure or facility is encountered,
it shall be restored or replaced by the permit holder in accordance
with the prevailing standards of the Borough of Tyrone.
G.
If the permittee and/or its contractor, after making an opening in
the highway or alley to place or repair pipe or for any other purpose,
fails to restore any portion of highway right-of-way to conform with
specifications of the Borough of Tyrone, the Superintendent of Streets
and Highways reserves the right to do the work and to bill the permittee
for the cost of the restoration.
H.
If at any time the ditch or trench shall become a hazard from any
cause whatsoever, the permit holder shall have the same repaired within
24 hours after notification by the Superintendent of Streets and Highways.
I.
The permit holder agrees to fully indemnify and save harmless the
Borough of Tyrone of and from all liability for damages and/or injury
occurring to any person or persons or property at or on highway rights-of-way
through or in consequence of any act or omission of any contractor
or persons engaged or employed in, about or upon said work by, at
the instance or with the approval or consent of the permit holder
or from the failure of the permit holder and/or its contractor to
comply with the provisions for maintenance set forth in these regulations.
All work authorized under an issued permit and all street restoration
work is subject to inspection and approval by the Superintendent of
Streets and Highways. The Superintendent shall be notified prior to
backfilling in order than an on-site inspection can be made.
