[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:
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.
Includes any natural person, partnership, firm, association
or corporation.
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.
The provisions of this article shall not apply to laying sidewalks
or curbs or to the planting of poles.
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.
