[Ord. 106, 10/13/1958, § 1; as amended by Ord.
741, 12/30/2002, § 1]
1.
PERSON
STREET
The following words, when used in this Part, shall have the meanings
ascribed to them in this section, except in those instances where
the context clearly indicates otherwise:
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 Jefferson Hills and established
for the use of vehicles.
2.
In this Part, the singular shall include the plural, and the masculine
shall include the feminine and the neuter.
[Ord. 106, 10/13/1958, § 2; as amended by Ord.
741, 12/30/2002, § 1]
It shall be unlawful for any person to open or to make any excavation
of any kind in any street in the Borough of Jefferson Hills except
in and upon those portions thereof established for the use of vehicles.
[Ord. 106, 10/13/1958, § 3; as amended by Ord.
741, 12/30/2002, § 1]
It shall be unlawful for any person to open or to make any excavation
of any kind in any of the streets in the Borough of Jefferson Hills
without first securing a permit therefor, as hereinafter provided.
[Ord. 106, 10/30/1958, § 4; as amended by Ord.
685, 5/11/1998; and by Ord. 741, 12/30/2002, § 1]
Any person who shall desire to make any opening or excavation
in any of the streets in the Borough of Jefferson Hills shall make
application to the Building Inspector 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 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.
[Ord. 106, 10/30/1958, § 5; as amended by Ord.
685, 5/11/1998]
Before any permit shall be used to open or excavate any street
in the Borough, the applicant shall pay to the Building Inspector
a permit fee in an amount to be established from time to time by resolution
of Borough Council. When application shall be made to open or excavate
any longitudinal opening or excavation up to 10 feet, the applicant
shall pay a minimum fee. When application shall be made to open or
excavate in excess of 10 feet, the applicant shall pay, in addition
to such minimum fee, an additional fee for each 100 feet or fraction
thereof to be opened or excavated. The minimum fee and additional
fee shall be established from time to time by resolution of Borough
Council.
[Ord. 106, 10/30/1958, § 6; as amended by Ord.
685, 5/11/1998]
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.
[Ord. 106, 10/30/1958, § 7]
All other work in connection with openings in any street, including
excavations, protection, refilling and temporary paving, shall be
done by the applicant at his expense, and all such work shall be subject
to the provisions of this Part and to the supervision and approval
of the Borough Engineer; provided, that the Borough Engineer may require
that cutting of the surface of improved streets and the backfilling
of all excavations therein shall be done by the Borough, and the charge
therefor shall be paid by the applicant on the basis of actual cost
of the work plus 20%.
[Ord. 106, 10/30/1958, § 8; as amended by Ord.
685, 5/11/1998; and by Ord. 744, 6/9/2003, § 12]
1.
No opening or excavation in any street shall extend from the curb
line 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.
2.
No more than 500 feet longitudinally shall be opened in any street
at any one time.
3.
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.
4.
No tunneling shall be allowed without express approval of the Borough
Engineer and permission therefor endorsed upon the permit. The backfilling
of a tunnel excavation shall be made only in the presence of the Borough
Engineer or an inspector designated by him and shall be done only
in a method approved by him.
5.
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.
6.
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.
7.
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 the said excavation, or by any leak, explosion or other
injury from any pipe, apparatus, conduit or any other matter placed
in the said excavation.
8.
The applicant shall notify the Borough Engineer 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.
9.
In the event that any work performed by or for a permit holder shall,
in the opinion of the Borough Engineer, 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 Building
Inspector, the Borough may proceed to correct any unsatisfactory work
or complete any such work not completed, and charge the cost thereof
plus 20% to the applicant.
[Ord. 106, 10/30/1958, § 9]
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 a permit shall be
made immediately and not later than the next business day thereafter,
and that all other provisions of this Part 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 Engineer, 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 20% to such owner or person.
[Ord. 106, 10/30/1958, § 10]
The Borough Engineer shall give timely notice to all persons
owning property abutting 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 of such notice, unless such time is extended in writing
for cause shown by the Borough Engineer. 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 by issued after express approval
of Council.
[Ord. 106, 10/30/1958, § 11; as amended by Ord.
744, 6/9/2003, § 13]
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.
[Ord. 106, 10/30/1958, § 12]
Payment for all work done by the Borough under the provisions
hereof shall be made by the person made liable therefor under the
provisions within 30 days after a bill therefor is sent to such person
by the Borough. Upon failure to pay such charges within such time,
the same shall be collectible by the Borough in the manner provided
by law for the collection of municipal claims.
[Ord. 106, 10/30/1958, § 13; as amended by Ord.
685, 5/11/1998; and by Ord. 844, 9/8/2014]
Any person, whether as principal, agent or employee, firm or
corporation violating or assisting in the violation of any of the
provisions of this Part shall, upon conviction thereof, be sentenced
to pay a fine of not more than $1,000 plus costs and, in default of
payment of said fine and costs, to a term of imprisonment not to exceed
30 days; provided that each day's violation shall constitute
a separate offense and notice to the offender shall not be necessary
in order to constitute an offense. In the event that such claims for
fines and penalties exceed the monetary jurisdiction of a Magisterial
District Judge as set forth in the Pennsylvania Judicial Code (relating
to jurisdiction and venue), exclusive of interest, costs or other
fees, the Borough may bring such action in the Court of Common Pleas
or may, pursuant to the Pennsylvania Judicial Code, waive that portion
of fines or penalties that exceeds the monetary jurisdictional limits
so as to bring the matter within the monetary jurisdiction of the
Magisterial District Judge.
[Ord. 106, 10/30/1958, § 14]
The provisions of this Part shall not apply to laying sidewalks
or curbs or to the planting of poles.
[Ord. 732, 9/9/2002, § 1]
Mailboxes for curbside delivery within the street right-of-way
shall conform to the following requirements unless an exemption is
granted by the Borough Manager or his designated representative:
A.
All mailboxes shall be installed in front of and on the same side
of the street of the residence or premises they serve. A letter from
the United States Postal Service would need to be submitted to the
Borough if it requires the mailbox to be located across the street.
B.
Mailboxes shall be installed so that the bottom of the box is 3 1/2
feet to four feet above the cartway of the road.
C.
Mailboxes shall be installed on a post no more than four inches in
diameter or four inches by four inches square. The post shall be made
of a material that, if struck, will bend or fall away from the striking
vehicle instead of severely damaging the vehicle or its occupants.
D.
The front edge of a standard mailbox shall be set at the back edge
of the curb, edge of pavement or edge of paved or gravel berm to a
maximum of eight inches behind the back edge of the curb, edge of
pavement or edge of paved or gravel berm.
E.
If the mailbox is inserted in a pillar, the front edge of the mailbox
shall be set at one foot from the back edge of an 18 inch bituminous
wedge curb or at 2 1/2 feet from the front edge of a curb less
than 18 inches wide, the back edge of the berm or pavement.
F.
All mailboxes shall meet the minimum requirements of the United States
Postal Service.
G.
If relocation of a mailbox is required to comply with the provisions
of this Part, it shall be completed within 30 days of written notice
from the Borough Code Enforcement Officer. The property owner or tenant
shall be required to relocate the mailbox in accordance with this
Part.
H.
Pillars without mailboxes shall be constructed behind the road right-of-way
line.
[Ord. 732, 9/9/2002, § 1; as amended by Ord. 844,
9/8/2014]
Any person, whether as principal, agent or employee, firm or
corporation violating or assisting in the violation of any of the
provisions of this Part shall, upon conviction thereof, be sentenced
to pay a fine of not more than $1,000 plus costs and, in default of
payment of said fine and costs, to a term of imprisonment not to exceed
30 days; provided that each day's violation shall constitute
a separate offense and notice to the offender shall not be necessary
in order to constitute an offense. In the event that such claims for
fines and penalties exceed the monetary jurisdiction of a Magisterial
District Judge as set forth in the Pennsylvania Judicial Code (relating
to jurisdiction and venue), exclusive of interest, costs or other
fees, the Borough may bring such action in the Court of Common Pleas
or may, pursuant to the Pennsylvania Judicial Code, waive that portion
of fines or penalties that exceeds the monetary jurisdictional limits
so as to bring the matter within the monetary jurisdiction of the
Magisterial District Judge.
