[Ord. 1982-3, 5/12/1982, § 1]
This Part shall be known and may be cited as the "Burnham Borough
Street Excavation Ordinance of 1982."
[Ord. 1982-3, 5/12/1982, § 2]
The following words, when used in this Part, shall have the
meanings ascribed to them in this Section, except in those instances
when the context clearly indicates otherwise.
The Borough Secretary of the Borough of Burnham or an Assistant
Secretary thereof.
The Superintendent of the Street and Sewer Department of
the Borough of Burnham.
The excavation and other work performed under an excavation
permit and required to be performed under this Part.
Any person who has been granted and has in full force and
effect an excavation permit issued under the terms of this Part.
Every natural person, firm, copartnership, association or
corporation.
Any public street, avenue, road, circle, square, alley, highway
or other public place located in the Borough of Burnham and established
for the use of vehicles.
[Ord. 1982-3, 5/12/1982, § 3]
It shall be unlawful for any person to open or make any excavation
of any kind in the public highways of the Borough of Burnham without
first securing a permit therefor.
[Ord. 1982-3, 5/12/1982, § 4]
Any person desiring to make an opening or excavation is any
public highway of the Borough shall file a written application to
the Borough Secretary for that 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, nature and purpose
of the proposed opening or excavation, the approximate size and depth
thereof, and shall contain an agreement on part of the applicant that
the work shall be done in full compliance with this Part of the Borough
and the laws of the Commonwealth of Pennsylvania in relation thereto,
and that the permittee will 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 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. 1982-3, 5/12/1982, § 5; as amended by Ord.
1995-2, 3/14/1995]
Before any permit is issued to open or excavate any public highway
in the Borough, the applicant shall pay to the Borough Secretary a
permit fee in an amount to be established by resolution from time
to time by the Borough Council, to cover the cost of inspection and
other incidental services in connection therewith. When the application
is made to open or excavate any longitudinal opening or excavation
in excess of 10 feet, the applicant shall also pay in addition to
the minimum fee an additional fee, to be established by resolution
from time to time by Borough Council, for each 100 feet or fraction
thereof to be opened or excavated upon any such public highway. The
minimum permit fee herein provided for shall cover all excavations
and openings in the same line which are not in excess of 10 feet in
total length. The permit fee for drilled test holes not exceeding
two inches in diameter shall be in an amount to be established from
time to time by resolution of Borough Council. The permittee shall,
upon the request of the Borough Secretary, the Borough Superintendent,
or their authorized representatives, exhibit the permit for inspection.
Furthermore, if the permit is not obtained within 24 hours of beginning
of excavation or, if needed after 4:30 p.m. on Friday, or if needed
on a weekend or a holiday, then the next business day after the beginning
of excavation work, the permit fee shall be double the amount herein
provided.
[Ord. 1982-3, 5/12/1982, § 6]
No permit shall be granted until the applicant shall have filed
with the Borough Secretary a surety bond in a form approved by the
Borough Solicitor in the amount of $1,000, with surety to be approved
by the Borough Solicitor, conditioned for the faithful compliance
by the permittee with all of the provisions of this Part, and that
the permittee will well and truly defend and keep harmless the Borough
and its officers from and indemnify it against any and all actions,
suits, payments, demands, costs and charges for or by reason the proposed
opening or excavation, and all damages to persons or property resulting
in any way therefrom or occurring in the prosecution of the work connected
therewith, or from any other matter, cause or thing relating thereto.
In lieu of such a bond, the permittee may file a bond with the Borough
in the amount of $20,000, with surety to be approved by the Borough
Solicitor, conditioned as above, and intended to apply to and cover
all openings and excavations for which permits shall be issued thereafter
to such person, which said bond shall be accepted by the Borough in
lieu of the separate bonds for each opening or excavation as hereinbefore
required. Prior to the issuing of a permit, the permittee shall furnish
to the Borough Secretary satisfactory evidence, in writing, that he
has in force and will maintain in force during the performance of
the excavation work and the period of the excavation permit public
liability insurance of not less than $200,000 for any one person and
$500,000 for any one accident, and property damage insurance of not
less than $50,000 duly issued by an insurance company authorized to
do business in the Commonwealth of Pennsylvania.
[Ord. 1982-3, 5/12/1982, § 7; as amended by Ord.
1995-2, 3/14/1995]
The permanent repaving and resurfacing of all openings in improved
highways shall be done by the Borough, and the charge therefor, as
hereinafter stated, shall be paid by the permittee.
A.
The charge for permanent repaving shall be the actual cost of the
work as determined by the Borough Secretary, plus 33 1/3% for
openings having an area of two or more square feet.
B.
The charge for openings having an areas smaller than 50 square feet
shall be the actual cost of the work as determined by the Borough
Secretary, plus 33 1/3%, with minimum charge to be established
from time to time by resolution of the Borough Council.
C.
The charge for sealing drilled test holes in bituminous or concrete
surface streets shall be in an amount to be established from time
to time by resolution of the Borough Council, if the permittee has
not sealed the hole in a manner approved by the Borough Superintendent
within 48 hours after making the opening.
D.
Where, due to improper backfilling, it is necessary for the Borough
to remove the backfill below surface of the roadway and replace it,
the permittee shall be charged for actual cost of the work as calculated
by the Borough Secretary, plus 33 1/3% with a minimum charge
to be established from time to time by resolution of the Borough Council.
E.
If, within 15 months after the construction of the permanent paving,
defects, such as sinking, cracking or heaving, shall appear therein
resulting in the judgment of the Borough Superintendent from defective
backfilling by the permittee, the permittee shall reimburse the Borough
for the cost of all necessary repairs to the permanent paving as determined
by the Borough Secretary, plus 33 1/3%.
F.
To compensate the Borough for damage to the usefulness, durability
and strength of highways recently constructed, reconstructed, surfaced
or resurfaced, all of the charges shown in subsections (A) through
(E), above, shall be increased by the percentage shown in the following
table, when openings or excavations are made in public highways within
the periods indicated after the improvement of the highway:
[Ord. 1982-3, 5/12/1982, § 8]
All other work in connection with openings in the public highways,
including excavation, protection, backfilling and temporary paving,
shall be done by the permittee 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 Superintendent. The Borough Superintendent
may require that cutting of the surface of improved highways and the
backfilling of all excavations therein shall be by the Borough and
the charge therefor shall be paid by the permittee on the basis of
the actual cost of the work, as determined by the Borough Secretary,
plus 33 1/3%.
[Ord. 1982-3, 5/12/1982, § 9]
1.
In public highways with a paved surface 16 feet or more in width,
no opening or excavation shall extend from the curb line or edge of
pavement into the highway a distance greater than one foot beyond
the center line of the highway before being refilled and the surface
of the highway restored to a condition safe and convenient for travel.
2.
Not more than 300 feet longitudinally shall be opened in any public
highway at any one time.
3.
The work of excavation shall be so conducted as not to interfere
with the water mains, gas lines, sewers or their connections with
the houses, or any other utility subsurface lines or constructions,
until permission of the proper authorities in connection with such
subsurface construction shall have been obtained.
4.
No tunnelling shall be undertaken without the express approval of
the Borough Superintendent and permission therefor endorsed upon the
permit. The tunnelling shall be adequately supported by timbering
and backfilling or by a casing procedure approved by the Borough Superintendent.
The backfilling of a tunnel excavation shall be made only in the presence
of the Borough Engineer, Borough Superintendent or an inspector designated
by one of them, and shall be done only in a method approved by such
person.
5.
All openings or excavation shall be backfilled promptly and the materials
and methods used shall be in accordance with current Pennsylvania
Department of Transportation, or its successor, specifications. On
improved highways the backfilling shall be placed to within 10 inches
of the surface.
6.
On improved highways, a temporary paving of suitable stony materials,
thoroughly bound and compacted, shall be installed flush with the
surface of the adjoining paving.
7.
The permittee shall erect and maintain such fences, railings or barriers
about the site of the excavation work as shall prevent danger to persons
using the highways. During the period of such excavation, the permittee
shall also provide and maintain suitable and sufficient lights which
shall be kept burning throughout the night and flags and signs at
the site of the excavation so as to warn passersby and vehicles of
the existence of the excavation, and shall also maintain such additional
safeguards as the Borough Superintendent may direct. All excavating
permits are granted subject to the express condition that the permittee
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, subsidence, explosion
or other injury from any pipe, apparatus, conduit or any other matter
placed in the said excavation or caused by such excavation.
8.
The permittee shall notify the Borough Superintendent when the opening
or excavation is ready for backfilling before any backfilling is undertaken,
and when the work is completed by proper backfilling in the case of
unimproved highways, and by temporary paving, in the case of improved
highways.
9.
The permittee shall take appropriate measures to assure that during
the performance of the excavation work, traffic conditions as nearly
normal as practicable shall be maintained at all times so as to cause
as little inconvenience as possible to the occupants of the adjoining
properties and the general public. The Borough Superintendent may
permit the closing of streets to all traffic for a period of time
prescribed by him if, in his opinion, it is necessary. Where there
is any interference with traffic, the permittee shall notify the police
department of the Borough and shall route and control traffic as directed
by the police department.
10.
In the event that any work performed by or for a permit holder shall,
in the opinion of the Borough Superintendent, be unsatisfactory and
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
Superintendent. The Borough Superintendent may proceed to arrange
for the correction of such unsatisfactory work or completion of any
such work not completed, and charge the cost thereof, as determined
by the Borough Secretary, plus 33 1/3%, to the permittee.
[Ord. 1982-3, 5/12/1982, § 10]
In the case of any leak, explosion or other accident in any
subsurface pipe, line, construction or apparatus which results in
immediate danger to property, life, health or safety of any person,
the person owning or responsible for such pipe, line, construction
or apparatus, may immediately commence an excavation to remedy such
condition before securing a permit, and shall take such additional
proper emergency measures to cure or remedy the dangerous condition.
However, in such a case, before commencing excavation, the person
owning or responsible for such pipe, line, construction or apparatus
or his or its agent shall attempt to contact the Borough Superintendent
by telephone or in person at the Borough Municipal Building and, if
after business hours, at the telephone number and address, if any,
given to the owner by the Borough prior thereto so as to attempt to
assure no damage to sewer lines and possibly to other lines or pipes
during excavation. In such event, an application for a permit shall
be made as soon as practicable thereafter, and in any event, not later
than 24 hours of beginning of excavation, or if needed after 4:30
p.m. on Friday, or if needed on a weekend or holiday, then the next
business day thereafter, and all other provisions of this Part shall
be 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 Superintendent,
after such notice as he shall deem necessary under the circumstances
of the particular case, shall proceed to arrange for the doing of
the work necessary and required by such emergency, and charge the
same on the basis of cost plus 33 1/3% to such owner or person.
[Ord. 1982-3, 5/12/1982, § 11]
The Borough Secretary shall give notice in writing to all persons
owning property abutting on any highway 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 highway within 30 days
from the giving notice unless such time is extended in writing for
cause shown by the Borough Secretary.
[Ord. 1982-3, 5/12/1982, § 12]
No new mains shall be laid or constructed in any of the highways
of the Borough until a plan showing the exact location of the proposed
main has been presented and approved by the Borough Council. No permits
may be issued for openings or excavations for new service lines until
a drawing has been filed with the Borough Secretary showing the exact
location of the proposed service lines.
[Ord. 1982-3, 5/12/1982, § 13]
Payment for all work done by the Borough under the provisions
hereof shall be made by the permittee made liable therefor under the
provisions hereof within 30 days after a bill therefor is sent to
permittee by the Borough. Upon failure to pay such charges within
such time, the amount due the Borough shall be collectible by the
Borough in the manner provided by law for the collection of municipal
claims. Claims for sums due hereunder against property owners of the
Borough shall also be entered as a municipal lien against the property
where the work was done giving rise to the charges.
[Ord. 1982-3, 5/12/1982, § 14]
The Borough Secretary shall make, or cause to be made by the
Borough Engineer, Borough Superintendent or others, such inspections
as are reasonably necessary in the enforcement of this Part. The Borough
Secretary shall have the authority to promulgate and cause to be enforced
such rules and regulations as may be reasonably necessary to enforce
and carry out the intent of this Part.
[Ord. 1982-3, 5/12/1982, § 15]
The permittee shall not disturb any surface monuments or other
boundary line markers in the line of excavation without the express
provision of the Borough Secretary.
[Ord. 1982-3, 5/12/1982, § 16]
This Part shall not be construed as imposing upon the Borough
or any official or employee of the Borough any liability or responsibility
for damages to any person injured by the performance of any excavation
work for which an excavation permit is issued hereunder, nor shall
the Borough or any official or employee thereof be deemed to have
assumed any such liability or responsibility by reason of any inspections
authorized hereunder, the issuance of any permit or the approval of
any excavation of work.
[Ord. 1982-3, 5/12/1982, § 17]
The provisions of this Part shall not be applicable to any excavation
work performed under the direction of the Borough Council or by any
employees or contractors of the Borough performing work for or on
behalf of the Borough necessitating openings or excavations in streets.
[Ord. 1982-3, 5/12/1982, § 18; as amended by Ord.
1995-2, 3/14/1995]
Any person, whether as principal, agent or employee, who shall
fail, neglect or refuse to comply with any of the provisions of this
Part or of any regulation or requirement pursuant thereto and authorized
thereby, or who shall knowingly make any incomplete, false or fraudulent
application thereunder, shall, upon conviction thereof, be sentenced
to pay a fine of not less than $100 nor 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.
