[Ord. 612, 8/15/1978]
The following words and phrases, when used in this Part, shall
have the meanings ascribed to them in this § 201, except
in those instances where the context clearly indicates otherwise:
APPLICANT
Any person who makes application for a permit.
BOROUGH
Borough of Elizabethtown, Lancaster County, Pennsylvania.
EMERGENCY
Any unforeseen circumstance which calls for immediate action
to protect or safeguard life and/or property.
PERSON
Any natural person, partnership, firm, association, utility
or corporation.
PUBLIC UTILITY
Any utility company licensed by the Pennsylvania Public Utility
Commission.
STREET
The entire right-of-way of a public street, highway, alley,
road or easement within the Borough limits.
[Ord. 612, 8/5/1978; as amended by Ord. 647, 7/21/1983, § I]
1. Applications for such permits shall be made to the Borough Manager
at least three days prior to the start of work on the form prescribed
by the Borough and shall describe the person, partnership, firm or
corporation doing the actual excavating work and the name of the person,
partnership, firm or corporation for whom or which the work is being
done and shall contain an agreement that the applicant will comply
with all ordinances and laws relating to the work to be done and to
permit inspection during the restoration and repair so as to determine
conformance with Borough standards.
2. The application for the permit shall indicate the location of said
opening or excavation, include a plan of said opening or excavation,
define the probable length, width and depth thereof, specify a time
when said opening or excavation shall begin and end, or the time when
the same is to remain open, and such further information as the Borough
may require.
3. Emergency breaks or leaks may be repaired and a permit therefor secured
within the next working day, and such permit shall be retroactive
to the date when the work was begun. A person performing street openings
for an emergency must verify the emergency nature of the circumstances
in writing to the Borough within five days after such emergency.
4. Applicants shall file a letter, prepared on a form furnished by the
Borough, properly executed by the applicant's designated officials
verifying that the applicant is insured against claims for personal
injury as well as against claims for property damage which may arise
from or out of the performance of the excavation work, whether such
performance is by the applicant or anyone directly employed by him.
Such insurance shall include protection against liability arising
from completed operations, underground utility damage and collapse
of any property. Liability insurance for bodily injury shall be in
an amount not less than $300,000 for each person and 300,000 for each
accident and for property damage in an amount not less than $100,000.
Failure of any applicant to file this letter certifying insurance
coverage shall be sufficient reason for denying a permit. The applicant
shall save and hold the Borough harmless from any and all damages
and liability by reason of personal injury or property damage arising
either directly or indirectly from the work to be performed under
the provisions of this Part, irrespective of the cause of such injury
or damage.
[Ord. 612, 8/15/1978; as amended by Ord. 829, 11/15/2001]
1. The charge for said permit, shall be in accordance with certain amounts
as established from time to time by resolution; provided, however,
that a minimum fee shall also be established from time to time by
resolution.
2. Said fee shall cover the costs of issuing the permit and of inspecting
the work.
[Ord. 612, 8/15/1978; as amended by Ord. 647. 7/21/1983]
1. Improper Completion of Work: Assessment of Costs; Payment.
A. If the work in opening or in filling or maintaining the surface shall
not be promptly done or shall be unskillfully, improperly or incompletely
done, the Borough may cause the same to be done in the manner it deems
proper, and the expense thereof, including any overhead expenses,
shall be charged to the person, partnership, firm or corporation by
whom the opening or excavation was made, together with 25% additional
to cover administrative expenses.
B. No permit shall be issued to any person, partnership, firm or corporation
in default under this § 207 until the costs and penalty
herein provided are paid, and no further permit shall be granted to
any person, partnership, firm or corporation unless and until the
openings or excavations already caused by him have been properly filled
and the surface maintained, as aforesaid, in a safe condition and
at the proper grade, of which the Borough Engineer or other person
designated by the Borough shall be the judge.
C. The Borough shall invoice the permittee for all costs incurred by
the Borough in the performance of remedial work.
2. Acceptance by Borough. Upon completion and restoration of the area
of work, the applicant shall notify the Borough in writing of said
completion. The Borough shall then inspect the area of work for final
acceptance. If accepted, the Borough shall promptly invoice the applicant
for said work. If rejected, the Borough shall notify the applicant
immediately, stating the reasons for rejection and detailing the remedy
for substandard work.
[Ord. 612, 8/15/1978; as amended by Ord. 647, 7/21/1983;
by Ord. 829, 11/15/2001]
1. Any applicant who wishes to open a street within five years from
the time a street has been either resurfaced or reconstructed may
obtain a street-opening permit to excavate a street for nonemergency
purposes, provided that a street degradation fee is applied and paid
in full prior to the acquisition of the street-opening permit.
2. The "degradation fee" is defined as a fee paid by the permittee to
the Borough to defray a percentage of the costs for repairs to streets
resulting from the depreciation of streets associated with street
openings.
3. A degradation fee schedule shall be established from time to time
by resolution.