[Adopted 11-12-1962 by Ord. No. 304]
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 or EXCAVATIONS
The digging of any trench or excavating through or under the roadway or sidewalk or the cutting into or opening and removal of any of the pavement surfaces of any street, thoroughfare or alley within the Borough limits.
PERSON
Includes any natural person, partnership, firm, association or corporation.
STREET
Any public street, avenue, road, square, alley, highway or other public place located in the Borough of Sellersville and established for the use of vehicles.
It shall be unlawful for any person to make or cause to be made any excavation of any nature whatsoever in any street, thoroughfare, or alley within the Borough limits without first securing a permit granting authority as hereinafter provided.
[Amended 7-7-1997 by Ord. No. 604]
Any person who shall desire to make any opening or excavation in any of the streets in the Borough of Sellersville shall make application to the Borough Manager/Secretary, in writing, for the 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 the approximate size or depth thereof, and shall also have accompanying therewith a sketch showing the location of said excavation and pertinent details and specifications of the excavation. Said application 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 and the laws of the commonwealth in relation thereto, and that the applicant shall well and truly save, defend and keep harmless the Borough 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. The applicant shall also agree to pay the entire cost of the excavation and the replacement, and upon its failure to do so, the Borough shall have the right to finish the work and recover the costs of excavation or the replacement, plus 10% administrative fees in action of assumpsit or the filing of a municipal lien.
Any person who shall open or excavate any improved street in the Borough shall thoroughly and completely refill the opening or excavation, puddling and ramming so as to prevent any settling thereafter, and shall restore the surface 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 for restoration of surfaces of streets in the Borough. 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 resulting from defective backfilling by the applicant, the applicant shall reimburse the Borough for the cost of all necessary repairs to the permanent paving.
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 500 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 constructions shall have been obtained.
D. 
No tunneling shall be allowed without the express approval of the Borough Manager/Secretary and permission therefor endorsed upon the permit. The backfilling of a tunnel excavation shall be made only in the presence of the Borough Manager/Secretary or an inspector designated by him and shall be done only in a method approved by him.
E. 
All openings or excavations shall be backfilled promptly with suitable materials and thoroughly compacted in layers, each of which shall not exceed six inches in depth. On improved streets, the backfilling shall be placed to within 10 inches of the surface.
F. 
On improved streets, a temporary paving of suitable stony materials, thoroughly bound and compacted, shall be installed flush with the surface of the adjoining paving.
G. 
During the making of any excavation in any 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 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 from any loss in damages, or otherwise whatsoever, which may or shall be occasioned at any time by said excavation or by any leak, explosion or other injury from any pipe, apparatus, conduit or any other matter placed in said excavation.
H. 
The applicant shall notify the Borough Manager/Secretary when the opening or excavation is ready for backfilling before any backfilling is done, and when the work is completed by proper backfilling in the case of unimproved streets, and by temporary paving in the case of improved streets.
I. 
In the event that any work performed by or for a permit holder shall, in the opinion of the Borough Manager/Secretary 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 by the Borough Manager/Secretary, the Borough may proceed to correct such unsatisfactory work or complete any such work not completed and charge the cost thereof, plus 10%, to the applicant.
[Amended 7-7-1997 by Ord. No. 604]
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 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 Manager/Secretary, 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 on the basis of cost, plus 10%, to such owner or person.
The Borough Manager/Secretary 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 the said street within 30 days from the giving such notice, unless such time is extended, in writing, for cause shown by the Borough Manager/Secretary. 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 Manager/Secretary. If it is sought to excavate upon or open a street within five years after the completion of the paving thereof for any other reason 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 the Council.
No new water or gas main shall hereafter be laid or constructed, and no existing water or gas main shall be extended in any of the streets of the Borough until the exact location thereto and the plan therefor shall have been first approved by the Borough Council.
Payment for all work done by the Borough 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. Upon failure to pay such changes within such time, the same shall be collectible by the Borough in the manner provided by law for the collection of municipal claims.
[Amended 12-8-1969 by Ord. No. 389; 7-7-1997 by Ord. No. 604]
Any person, whether as principal, agent or employee, violating or assisting in the violation of any of the provisions of this article, shall, upon conviction thereof before the Mayor or before any District Justice of the Borough, pay a fine of not more than $600 and, in default of the payment of such fine and costs of prosecution, shall be imprisoned for not more than 30 days.
Before any permit shall be issued to open or excavate any street in the Borough, the applicant shall pay to the Borough Manager/Secretary a permit fee in the minimum amount of $5 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 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 at the rate of $20 for each 100 feet or fraction thereof to be opened or excavated upon such street.