[Ord. 1109, 9/1/2009]
No person or persons, firm, association or corporation shall
make any excavations or soundings by drilling, tunneling, boring,
cutting or otherwise in or upon any of the highways, streets or alleys
of the Borough without first obtaining a permit from the Borough Manager.
The application for a permit shall be on a form prescribed by the
Borough and shall be accompanied by permit issuance and inspection
fees, together with financial security, all in accordance with the
schedule of fees established by resolution of the Borough Council
from time to time. In addition, the applicant shall submit a sketch
showing such dimensions and the location of the intended facility,
the width of the traveled roadway, the location of and width of right-of-way
lines and a dimension to the nearest intersecting street.
[Ord. No. 1109, 9/1/2009; amended by Ord. No. 1165, 12/3/2019]
Each applicant must provide financial security prior to the
commencement of any pavement cuts or any work involving a disturbance
to or occupancy of a Borough street. Prior to the issuance of the
permit, the Borough Manager shall determine the amount financial security
required. The review and determination will consider, among other
things, the type and amount of work to be done and the effect of said
work on the Borough street(s) and the financial security schedule
established by resolution of the Borough Council from time to time.
The Borough Manager will transmit the determination to the applicant,
which determination will specify the amount of financial security
and the length of time during which the financial security will remain
in effect. Under appropriate circumstances, the Borough Manager is
authorized to direct submission of a blanket bond. In such event,
the determination shall specify the nature of the work to be done,
the amount of the bond and the length of time during which the bond
will remain in effect.
[Ord. 1109, 9/1/2009]
In all cases where a permit has been issued, and the work set
forth in such permit has not been performed within the time specified
by the Borough or in the permit, the same shall be canceled. In the
event no work has commenced prior to the permit cancellation, the
permit issuance fee shall be forfeited and nonrefundable; however,
the permit inspection fees and required financial security deposits
shall be refunded. In the event work has commenced prior to the permit
cancellation, the permit issuance fee, permit inspection fees and
financial security deposits shall be forfeited and nonrefundable.
[Ord. 1109, 9/1/2009]
All permits shall expire upon the date set forth in the permit,
unless extended for cause shown. In case the work has not been completed
before the date of expiration as shown on the permit, which date shall
be fixed when the permit is granted, the Borough Manager may, if he
deems it advisable, extend the permit or take the proper steps to
backfill the trench and replace the street surface over the opening
for which the permit has been issued, charging the permittee's
security for the cost of the same. In the event the security is insufficient,
he shall bill the permittee for unpaid amounts. If an extension of
time on the said date is necessary for the completion of the work,
a written application for an extension of time must be filed with
the Borough Manager, for which the applicant shall pay the applicable
fee, if such extension of time is granted. All permits for the breaking
of street or alley surfaces are subject to revocation at any time
by the Borough Manager.
[Ord. 1109, 9/1/2009]
All work shall be performed and completed in accordance with
the General Provisions and Specifications Regulating Occupancy of
Borough Road Rights-of-Way as adopted by resolution of the Borough
Council from time to time.
[Ord. No. 1109, 9/1/2009; amended by Ord. No. 1165, 12/3/2019]
1.
Street cuts or disturbances that meet the criteria of these permits
shall not be commenced before March 15 and must be closed inspected
and completed by November 15. No permit will be issued, or street
cuts allowed from November 15 to March 15 of the preceding year. Emergency
permits may be issued during this time and the applicant shall contact
the Borough Manager immediately prior to excavation and file an application
within three business days of the work.
2.
Permits shall be granted only to the owners of the property for whom
the work is done or to public utilities whose service lines or pipes
occupy the highways or alleys of the Borough under a legal right or
franchise. No permits shall be issued to contractors or subcontractors.
No permits shall be issued where the proposed work might interfere
with any work being done by or for the Borough.
3.
The permittee
agrees fully to indemnify and save harmless the Borough of Mechanicsburg
of and from all liability for damages or injury occurring to any
person or persons or property at, in or upon such openings in streets
through or in consequence of any act or omission of any contractor,
agent, servant, employee or person engaged or employed in, about or
upon said work, by, at the instance, or with the approval or consent
of the permittee, or from the failure of the same and/or its contractor
to comply with the provisions for maintenance as set forth herein.
4.
The applicant
shall provide a twenty-four-hour emergency contact on all applications.
In the event a situation arises which the Borough determines to be
immediately dangerous to life, property or health, the Borough will
contact the emergency contact to facilitate resolution of the issue.
If the contact is not available or does not respond, the Borough may
commence repairs or other work to make the situation safe at the sole
cost and expense of the applicant.
[Ord. No. 1109, 9/1/2009; amended by Ord. No. 1165, 12/3/2019]
1.
The permittee shall pay all costs and expenses incident to or arising
from the project, including the prescribed fees for same, the cost
of making and maintaining temporary restoration of the disturbed areas,
making permanent restoration and all public safety measures.
2.
The permittee shall be responsible to notify the Borough office,
through its contractor or otherwise, a minimum of 48 hours in advance,
of the precise day when the cut, opening or excavation work shall
commence and the precise day when closing of the cut, opening or excavation
shall commence.
3.
The permittee shall notify the Borough of the date work is completed.
[Ord. 1109, 9/1/2009]
Upon completion of the work authorized by the permit, the Borough
shall inspect the work and, when necessary, enforce compliance with
the conditions, restrictions and regulations prescribed by the permit.
Where any settlement or defect in the work occurs, if the applicant
shall fail to rectify any such settlement or other defect within 60
days after written notice from the Borough to do so, the Borough may
do the work and shall impose upon the applicant the cost thereof,
together with an additional 20% of such cost. Such amount may be chargeable
against the financial security or billed to the permittee, or both,
as the Borough, in its sole discretion, shall determine.
[Ord. 1109, 9/1/2009]
All gutters must be left open so as not to obstruct the free
passage of water, and the pavements and footways must be kept in a
safe and passable condition. The Borough shall have authority to regulate
the opening or cuts so that the proper use of the highways shall not
be unnecessarily interfered with and shall have authority to see that
the said openings or cuts are filled and closed as required by this
Part 3.
[Ord. 1109, 9/1/2009]
Any violation of these regulations shall constitute grounds
for imposition of any or all of the following penalties:
A.
Upon receipt of verbal or written notice of any violation(s), the
permittee shall cease to perform any further work in the permitted
area except to restore the area to safe condition. No further work
shall commence in the permitted area until the violation(s) has been
remedied. Where the permittee has received verbal notice of the violation(s),
written notice shall be sent to the permittee within 10 days of receipt
of the verbal notice.
B.
The applicant's permit may be confiscated by the Borough Manager.
C.
The applicant's permit may be revoked by the Borough Manager.
D.
The Borough Manager may cause the removal of facilities installed
without a permit or in violation of these regulations.
E.
Any person or persons, firm, association or corporation violating
any of the provisions of this Part 3 shall, upon conviction thereof,
be sentenced to pay a minimum fine of $750, and costs, or to undergo
imprisonment for a term not to exceed 30 days. Each day of violation
shall constitute a separate offense.
[Ord. No. 1165, 12/3/2019]
F.
The Borough may institute such other action, in law or in equity,
as may be deemed necessary or proper.
