[Adopted 2-8-1973 by Ord. No. 1037 (Ch. 105 of the 1972
Code)]
This article shall be known and may be cited as the "Borough
of Lansdale Street Excavation Ordinance of 1973."
The following words, terms and phrases as used in this article
shall have the meanings given herein. When not inconsistent with the
context, words used in the singular include the plural, words used
in the plural include the singular and words used in the present tense
include the future. The word "shall" is always mandatory.
The Council of the Borough of Lansdale, the Department of
Public Works, the Borough Secretary, the Borough Manager, the Borough
Engineer or the authorized representative of any of the above.
Any break or opening in the surface or subsurface of any
public place in any manner whatsoever.
Any pipe, sewer, drain, conduit, tunnel, manhole, duct, vault,
buried wire or cable, meter, gauge, valve, regulator, junction box,
transformer, tower, wire, pole, anchor, phone booth, curb, curb and
gutter, sidewalk, driveway or any other object, structure or material
of any kind, whether mentioned herein or not, which may be lawfully
constructed, left, placed or maintained in, across, under, over, upon
or along any public place.
Any surface which is paved with cement concrete, bituminous
concrete, penetration asphalt or any other material.
Any person or persons, corporation, partnership, individual,
association, company or organization.
Any Borough street, road, highway, avenue, lane, place, way,
alley, footpath, sidewalk or park, or any public property owned or
controlled by the Borough.
The area between the curbline and the side of the right-of-way
in any Borough street, road, highway, avenue, lane, place or way.
Any surface which is not paved.
[Amended 4-11-1974 by Ord. No. 1070]
It shall be unlawful for any person to make or cause, or permit
to be made or caused, any excavation or opening in or under the surface
of the ground or paved areas, within the boundaries of any public
place, for the purpose of installing, repairing, erecting, replacing,
or making connections thereto, of any facility without first obtaining
from the Borough a permit therefor before such work is begun and complying
with such other requirements herein specified; provided, however,
that where the requirement of street opening arises from the construction
or reconstruction of a curb or a curb and sidewalk, the provisions
of this section shall not apply.
Before such permit is issued, a written application on a form
to be furnished for that purpose by the Borough must be filed with
the Department of Public Works. The written application shall state
the name, address and principal place of business of the applicant,
setting forth the purpose for which the said public place is to be
excavated, the location and dimensions of said excavation and the
purpose of the facility. The applicant shall agree to assume all liability
for all or any damages to person or property accruing to the public,
or to the said Borough, which may or might result from the opening,
excavating or occupying of said public place.
The filing of an application and the issuance of a permit shall
constitute an agreement on the part of the applicant to comply with
the terms of this article and all rules, regulations, resolutions,
ordinances and requirements of the Borough now in force, or hereafter
adopted, and shall constitute an agreement to indemnify and save the
Borough harmless from and against all claims, demands and actions
for damages either to person or property that may be sustained by
any person by reason of or arising out of any work done or action
taken under the application and permit. Prior to the issuance of a
permit, the applicant shall file with the Borough a certificate showing
that the hereinafter mentioned insurance is carried in the specified
amounts, obtained from a reputable company, satisfactory to the Borough,
or file a self insurance certificate as issued by the Pennsylvania
Department of Labor and Industry and the Pennsylvania Department of
Revenue. Such certificate shall specify that the contractual liability
required under this article is covered, and shall specify that the
coverage will not be canceled or changed without 10 days' prior notice
to the Borough.
A.
Workmen's compensation insurance shall be maintained for all employees
at the site of the project, and in case any work is sublet, the applicant
shall require the subcontractor similarly to provide workmen's compensation
insurance for all the latter's employees, unless such employees are
covered by the protection afforded by the applicant. In case any class
of employees engaged in hazardous work at the site of the project
is not protected under the Workmen's Compensation Statute, the applicant
shall provide and cause each subcontractor to provide adequate insurance
for the protection of his employees not otherwise protected.
B.
Comprehensive general liability insurance for bodily injury and property
damage shall be taken out and maintained as shall protect the Borough,
himself and the subcontractor performing work covered by the application
from claims for damages for personal injury, including accidental
death, as well as from claims for property damage which may arise
from operations under the application, whether such operations be
by himself or by any subcontractor or by anyone directly or indirectly
employed by himself or by any subcontractor, and the amounts of such
insurance shall be as follows:
C.
The above policies of comprehensive general liability insurance for
bodily injury and property damage must be so written as to include
contingent bodily injury and contingent property damage insurance
to protect the applicant against claims arising from the operations
of subcontractors.
D.
The following special hazards shall be covered by a rider or riders
to the public liability and/or property damage insurance policy or
policies herein elsewhere required to be furnished by the applicant
or by separate policies of insurance in the same amounts under public
liability and property damage as hereinbefore specified:
A.
At the time of filing the application, the applicant shall pay, in
addition to the fee for issuing each permit, the applicable unit fee
for work or occupancy applied for according to the fee schedule. Upon
completion of the work, final measurements will be made by the Department
of Public Works or the Borough Engineer or his representative to determine
the final fee. If the amount paid in advance of the issuance of the
permit is insufficient to cover the final fee, a bill will be rendered
by the Borough, or if the amount on deposit is in excess of the final
fee, a refund shall be made to the permit fee.
C.
Special inspections. Where the Borough deems it necessary to require
a special inspection due to the nature and/or extent of the work involved,
the applicant will be charged a fee per hour or fraction thereof for
the time an inspector is engaged in the work, such fee to be as set
by resolution of the Borough Council.
[Amended 5-20-1981 by Ord. No. 1243[2]]
No permits shall be issued by the Borough until the application
has been approved by the Director of Public Works or the Borough Engineer,
the certificates of insurance filed where required and the fees hereinbefore
specified paid. The permit shall not be operative for more than 60
days from the date of issue, but may be renewed for a like period
upon the payment of an extension of time fee. Nothing shall prohibit
the undertaking of emergency work without the formal issuance of a
permit, provided such permit application is filed during the next
regular business day. No permit fee paid under this article shall
be considered to be in lieu of any annual license charge or inspection
fee now required to be paid or which at any time may be required to
be paid by ordinance of the Borough of Lansdale.
The filing of an application for the installation or construction
of any facility in a public place shall constitute an agreement that
the applicant will, upon notice from the Borough and without expense
to the Borough, make such changes in the location of the facility
as may be required because of any public improvement, existing or
proposed.
The permittee shall determine the existence and location of
existing facilities and avoid conflict with them. No facility owned
by the Borough shall be moved to accommodate the permittee, unless
permission is granted by the Borough and the cost is borne by the
permittee. The permittee shall support by the latest approved methods
all facilities affected by the excavation work, and do everything
necessary to support, sustain and protect them under, over, along
or across the work. In case any existing facilities are damaged, they
shall be repaired by the person owning them, and all expenses of such
repair shall be charged to the permittee. The permittee shall be responsible
for any damage done to any public or private property by reason of
the breaking of any existing facility.
A.
During the performance of the work, traffic conditions shall be maintained
as nearly normal as is practicable, in order to cause as little inconvenience
as possible to the occupants of the abutting property and to the general
public. The Borough may permit the closing of streets to all traffic
if in their opinion extenuating circumstances warrant it and the permittee
makes the request in writing to the Borough.
B.
All materials placed on, all openings or excavations made in or any
obstructions created on or in any public place in the Borough of Lansdale
shall be properly marked from sunset to sunrise by red lights, red
lanterns, reflectors, torches and/or electric flashers, or other protective
devices, so placed as to indicate from the roadway in both directions
the exact location and limits of said work or obstructions. The work
shall be at all times adequately guarded by suitable and sufficient
fences, barricades, barriers, flags and warning signs, or other protective
devices, to protect it from damage and the public from accident and
unnecessary inconvenience.
C.
Safe crossings for two lanes of vehicular traffic shall at all times
be maintained where possible at street intersections, and safe crossing
for pedestrians at intervals consistent with the general pattern of
the area shall be maintained and protected. If any excavation is made
across any public place, at least one safe crossing shall be maintained,
when possible, for vehicles and pedestrians. If the street is not
wide enough to hold the excavated material without using part of the
adjacent sidewalk, a passageway at least 1/2 of the sidewalk width
shall be maintained along said sidewalk line.
All excavation work shall be done in such a manner so as not
to interfere with access to fire hydrants, firehouses, manholes, valves
and vital public properties, and no materials shall be allowed to
obstruct the flow of water in any gutter at any time.
All trenches, excavations and restorations shall conform to
the standard details and specifications of the Borough of Lansdale
and any amendments thereto. All work shall also conform to all applicable
ordinances of the Borough.
No plantings, trees, shrubbery, flowers, signs, posts, steps,
walls, fences, gasoline pumps, oil tanks or like obstructions may
be placed within the boundaries of any public place. Any such obstruction
shall be promptly removed by the owner, whenever written notice to
remove such obstruction is given by the Borough. If the owner fails
to comply with such notice, the Borough shall remove the obstruction
and charge the cost thereof to the owner.
Any person who violates or permits a violation of this article
shall, upon conviction in a summary proceeding brought before a Magisterial
District Judge under the Pennsylvania Rules of Criminal Procedure,
be guilty of a summary offense and shall be punishable by a fine of
not more than $1,000, plus court costs and reasonable attorneys' fees
incurred by the Borough in the enforcement proceedings. Upon judgment
against any person by summary conviction, or by proceedings by summons
on default of the payment of the fine or penalty imposed and the costs,
the defendant may be sentenced and committed to the Borough lockup
for a period not exceeding 10 days or to the county jail for a period
not exceeding 30 days. Each day or portion thereof that such violation
continues or is permitted to continue shall constitute a separate
offense, and each section of this article that is violated shall also
constitute a separate offense.
