[Adopted 10-24-2011 by Ord. No. 597-2011]
A.
EXCAVATION
PERSON
STREET
The following words, when used in this article, shall have the meanings
ascribed to them in this section, except those instances where the
context clearly indicates otherwise:
Any activity within the right-of-way of any street, alley,
or cartway which involves cutting, breaking, or disturbing the surface
thereof. In this article, the term "opening" shall have essentially
the same meaning as excavation.
Any natural person, partnership, firm, association, corporation
or municipal authority.
Any public street, avenue, road, square, alley, highway,
or other public place located in the Borough of Lehighton and established
for the use of vehicles, but shall not include state highways.
B.
In this article, the singular shall include the plural and the masculine
shall include the feminine and the neuter.
It shall be unlawful for any person to open or make any excavation
of any kind in any streets in the Borough of Lehighton without first
securing a permit therefor, as hereinafter provided.
Any person who shall desire to make an opening or excavation
in any of the streets in the Borough of Lehighton shall make application
to the Borough Manager in writing for that purpose. Such application
shall be made upon blanks to be furnished by the Borough of Lehighton,
shall set forth the name of the applicant, 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
of Lehighton and the laws of the commonwealth in relation thereto,
and that the applicant shall well and truly save, defend and keep
harmless the Borough of Lehighton 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.
Before any permit shall be issued to open or excavate any street
in the Borough of Lehighton, the applicant shall pay a permit fee
in the amount fixed according to a schedule established pursuant to
resolution.
Permits shall be issued only to persons furnishing public utility
services or the owner or owners of the real property adjoining the
location where such opening or excavation is to be made.
Any permit issued hereunder shall specify the exact location
where the opening or excavation is to be made, the approximate permitted
size or depth thereof and the time within which the work for which
the permit is granted is to be completed.
A permit may be issued to the applicant after all the requirements
therefor have been filed. If the application is disapproved, written
notice of disapproval together with reasons therefor shall be given
to the applicant.
The work authorized by the permit is subject to all the provisions
of the Act of December 10, 1974, P.L. 852, No. 287, § 1
et seq.,[1] as amended or supplemented from time to time. It shall
be the permittee's responsibility to contact the utilities that
have recorded their facilities in compliance with said Act.
[1]
Editor's Note: See 73 P.S. § 176 et seq.
Any person who shall open or excavate any street in the Borough
of Lehighton shall thoroughly and completely refill the opening or
excavation in such a manner 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 of Lehighton for restoration of surfaces of streets
in the Borough of Lehighton, 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
after two years after the restoration of the surface as herein provided,
defects shall appear therein resulting from backfilling by the applicant,
the applicant shall reimburse the Borough of Lehighton for the cost
of all necessary repairs to the permanent paving.
All other work in connection with openings in any street, including
excavation, protection, refilling and temporary paving, shall be done
by or for the person to whom or which the permit has been issued at
his or its expense, and all such work shall be subject to the provisions
of this article and to the supervision and approval of the designated
official, provided that the Borough Manager may, if he deems it necessary
to the proper performance of the work, require that cutting the surface
of streets and the backfilling of all excavations therein shall be
done by the Borough of Lehighton, in which event the applicant shall
pay the actual cost of the work performed by the Borough of Lehighton.
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 200 feet longitudinally shall be opened in any street
at any time.
C.
The work or excavation shall be so conducted as not to interfere
with the water mains, sewers or their connections with the houses,
or any other subsurface line 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 and permission therefor endorsed upon the permit.
The backfilling of a tunnel excavation shall be made only in the presence
of the Borough Manager 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 2A
aggregate stones and thoroughly compacted in layers, each of which
layers shall not exceed eight inches in depth. Backfilling shall be
placed to within 10 inches of the surface.
F.
A temporary paving coldpatch premix, thoroughly bound and compacted,
shall be installed flush with the surface of the adjoining paving
and maintained for a period of 90 days.
G.
On concrete base streets, such base shall be replaced with concrete
and the minimum size of the opening or excavation shall be 16 square
feet.
H.
During the making of any excavation in the 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 granted hereunder 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
of Lehighton 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 evacuation.
I.
The applicant shall notify the Borough Manager when the opening or
excavation is ready for backfilling before any backfilling is done,
when backfilling work is completed, when the temporary paving has
been installed and when the street has been made permanently restored
so that inspections may be made.
J.
In the event that any work performed by or for a permit holder shall
in the opinion of the Borough Manager be unsatisfactory and the same
shall not be corrected in accordance with his instructions within
the time frame 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, the Borough of Lehighton may proceed to correct such
unsatisfactory work or complete any such work not completed, and charge
the cost thereof, plus 20% to the applicant.
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 or a 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, 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.
The permission herein granted does not confer upon the permittee
or its contractors the right to cut, remove or destroy trees or shrubbery
within the legal right-of-way except under specifications, regulations
and conditions as the Borough of Lehighton may prescribe.
The Borough Manager shall give timely notice to all persons
owning property abutting on any street within the Borough of Lehighton
about to be paved or improved, and to all public utility companies
operating in the Borough of Lehighton, 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 said
street, within 30 days from the giving of such notice, unless such
time is extended in writing for cause shown by the Borough Manager.
New paving shall not be opened or excavated 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 or excavating
of such paving to be determined by the Borough Manager. If it is sought
to excavate upon or open a sewer within five years after the completion
of the paving, the applicant shall make written application to the
Borough Council, and a permit for such opening shall be issued only
after express approval of the Borough Council.
If at any time in the future the roadway is widened, reconstructed
or the alignment or grades are changed, the permittee further agrees
to change or relocate all or any part of the structures covered by
this permit which interfere with the improvement of the roadway at
its own cost and expense.
No new water, sewer, steam or gas main or electric, telephone
or other utility line shall hereafter be laid or constructed and no
such existing main or line shall be extended, in any of the streets
of the Borough of Lehighton until the plan therefor shall have been
first filed with the Borough Manager and such plan, and the exact
location of such main or line, approved by him. The Borough Manager
shall not approve the locating of any such main or line at a depth
of less than 30 inches from the surface of the street unless he shall
be convinced that locating the same at a depth of more than 30 inches
from the surface is impossible or impractical.
No person, company, corporation or association shall dig up
any street or alley without first giving to the Borough of Lehighton
a bond or irrevocable letter of credit with some acceptable trust
or surety company as surety in a sum determined acceptable by the
Borough Manager in consultation with the Borough Engineer conditioned
for the faithful performance of these provisions and also for all
and any damages, claims, demands, suits, costs, and counsel fees occasioned
or arising for the digging up, opening or closing of such streets
and alleys. The amount of the bond shall be in the amount of 110%
of the estimated cost of the work to be performed by the applicant.
The estimated cost shall be based upon an estimate of the cost to
perform the work, submitted by the applicant, and approved by the
Borough Engineer.
Payment for all work done by the Borough of Lehighton 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 of Lehighton. Upon failure to pay
such charges within such time, the same shall be collectible by the
Borough of Lehighton by an action in assumpsit or in the manner provided
by law for the collection of municipal claims.
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; and, in default of payment, to imprisonment
for a term not to exceed 90 days. Every day that a violation of this
article continues shall constitute a separate offense.
The provisions of this article shall not apply to laying sidewalks
or curbs.
