Borough of Clifton Heights, PA
Delaware County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[Adopted 9-9-1971 by Ord. No. 503 (Ch. 21, Part 2, of the 1988 Code of Ordinances)]
It shall be unlawful for any person, firm or corporation to make any opening or excavation in or under any highway, avenue, street, alley, sidewalk or footpath or thoroughfare within the limits of the Borough of Clifton Heights unless and until a permit therefor be secured from the Building Inspector of the said Borough for such separate undertaking, such permit and the application therefor to be in the form prescribed by Borough Council.
All permits shall be issued in quadruplicate. The original permit shall be delivered to the applicant; the first copy to the Secretary of the Borough and the second copy retained by the Building Inspector.
[Amended 1977; 8-15-1988 by Ord. No. 682]
An applicant for a permit to open or excavate in any highway, street, avenue, sidewalk or footpath shall deposit with the Building Inspector a deposit, as established from time to time by the Borough Council, certified check or cashier's check. The said deposit shall be retained by the Borough Treasurer until the street, avenue, sidewalk, or footpath opening has been closed or repaired to the satisfaction of the Building Inspector or the appropriate committee of Council.
[Amended 8-15-1988 by Ord. No. 682]
An applicant for a permit to open or excavate in any highway, avenue, street, sidewalk or footpath shall pay a permit fee as established from time to time by the Borough Council. In addition to such permit fee, a restoration fee as established from time to time by the Borough Council shall be charged based upon the square yardage of the opening as determined by the Building Inspector.
The initial permit fee and all such additional fees as described herein shall be computed by the Building Inspector and charged against the deposit.
Upon approval of the restoration by the Building Inspector or the committee of Council, any excess funds remaining between the required deposit and the fees charged shall be refunded to the applicant by the Borough Treasurer. Any deficiency remaining due shall be collected by the Building Inspector as hereinafter provided.
Tunneling will be allowed only with permission of the Highway Committee, and the same permit fee will be charged for tunneling as is charged for street opening.
The contractor shall maintain sufficient barricades and lights to prevent accidents from travel and shall be liable for any damage that may arise from the neglect so to do or from any omission or failure to act and shall indemnify and save harmless the said Borough from all suits or actions or any name or description brought against said Borough on account of any act or omission of the contractor or his agents and shall have and maintain at all times during the progress of the work sufficient public liability insurance to cover any possible claim.
The contractor shall maintain at all times during the process of the work a sufficient amount of workmen's compensation insurance to meet any possible claims of the employees and shall furnish the Borough with a certificate from the insurance company, previous to starting construction, showing that the contractor carries such insurance, it being understood that the contractor shall be solely responsible for all such claims and will at all times indemnify and save harmless said Borough from the same.
The holder of or the applicant for the permit or his agent or contractor shall thoroughly ram, tamp or hammer all backfill material by the sole means of a pneumatic tamper or hammer.
[Amended 5-20-2010 by Ord. No. 823]
Any person who shall make an opening or excavation in any highway in the Borough of Clifton Heights shall perform all such opening or excavation work and the restoration work required hereunder in accordance with the standards and provisions set forth in 67 Pa. Code § 459.8, as amended. Likewise, any aboveground construction shall be performed in accordance with 67 Pa. Code § 459.9. All references in the foregoing code sections to the "District Office," the "Department of Transportation" or similar references shall be deemed to be references to the Borough of Clifton Heights.
In addition to the foregoing work standards, the Borough Engineer and/or Codes Department shall be entitled to promulgate rules and regulations governing the opening, excavation, refilling, resurfacing and repaving of highways in the Borough of Clifton Heights, and after the same have been approved by the Council of the Borough of Clifton Heights and entered upon the minutes of Council, any work to be done or performed by any applicant or permitted governed by the terms of this article shall be done in compliance with such rules and regulations. Copies of said rules and regulations shall be furnished to any person making application hereunder.
If and to the extent that any person shall open or excavate any portion of a highway in a manner which results in 20 linear feet or more of such highway being excavated on one side of the highway only, then such person shall be required to repave the highway the full length of the excavation from the center line of the highway to the curb on the side of the highway on which the excavation occurred; or, if in a manner which results in 20 linear feet or more of highway being excavated and such excavation occurs on both sides of the highway, then such person shall be required to repave the highway the full length of the excavation from curb to curb.
Whenever excavations are less than six feet apart, restorations must include all trenches together in accordance with regulations.
Restoration work must be completed as soon as possible following completion of the work for which the digging or excavation was performed, and in all cases temporary restoration work shall be completed no later than 24 hours after such underlying work is completed, and permanent restoration work shall be completed no later than 90 days after such underlying work is completed. Each day that such restoration work is not completed in compliance with these timing requirements shall be considered a separate offense and violation of this article.
The holder or applicant or his agent or contractor, upon completion of the excavation, shall immediately thereafter notify the Building Inspector for approval of the closing.
After the repairs have been made and the approval of the Building Inspector secured, the size of the patch shall be measured, and should the fee required be greater than the amount deposited by the applicant or holder, a bill will be rendered to him or them by the Building Inspector and collected as all such charges are collected as prescribed by law.
[Amended 8-15-1988 by Ord. No. 682; 9-19-1988 by Ord. No. 681]
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, plus costs, and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 30 days. Every day that a violation of this article continues shall constitute a separate offense.