[Adopted 9-9-1971 by Ord. No. 503 (Ch. 21, Part 2, of the
1988 Code of Ordinances)]
A.
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.
B.
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]
A.
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.
B.
The initial permit fee and all such additional fees as described
herein shall be computed by the Building Inspector and charged against
the deposit.
C.
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]
A.
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.
B.
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.
C.
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.
D.
Whenever excavations are less than six feet apart, restorations must
include all trenches together in accordance with regulations.
E.
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.
