For the purposes of this article, the following words and phrases
shall have the meanings respectively ascribed to them by this section:
Any person who makes application for a permit.
The Director of the Department of Public Works and Utilities
or such person as may be designated by the Mayor to perform the duties
of Director under the provisions of this article.
Any unforeseen circumstances or occurrence, the existence
of which constitutes a clear and immediate danger to persons or properties.
The person duly appointed Borough Engineer or his authorized
deputy, representative or inspector.
Any person who has been issued a permit and is obligated
to fulfill all the terms of this article.
An improved walkway, made, used or intended to be used for
pedestrian traffic and located along a public street, roadway or highway
and wholly located within the public right-of-way.
[Added 5-17-2004 by Ord. No. 1,330, effective 7-11-2004]
A public street, public easement, public right-of-way, public
highway, public alley, public way or public road accepted or maintained
by the Borough and any state or county road over which the Borough
may have acquired jurisdiction by agreement.[1]
The provisions of this article shall not be applicable in those
instances where the highway is maintained by the state or by the county,
except in such cases where the Borough may have special arrangements
with the state or county.
The Director is hereby authorized and directed to adopt such
written regulations as may be necessary for the implementation and
enforcement of the provisions of this article. Such regulations shall
include but shall not be limited to:
A.
Limitations on the size of an opening.
B.
Restrictions for the protection of existing subsurface installations,
monuments and drainage systems.
C.
Requirements for the storage and removal of excavated materials.
D.
Designation for safety precautions to be taken by the permittee.
E.
Restrictions as to the periods of day when the work may be performed.
F.
Requirements for backfilling, inspecting and restoring of openings.
The Director is authorized to establish a schedule of charges
for labor, materials and such other expenses as may be incurred by
the Borough in meeting the requirements of this article. The schedule
shall be open to public inspection in the office of the Director upon
demand.
The decision of the Director as to the cost of any work done
or repairs made by the Director under his direction, pursuant to the
provisions of this article, shall be final and conclusive.
[Amended 5-17-2004 by Ord. No. 1,330, effective 7-11-2004]
A.
Each applicant, prior to the receipt of a permit, shall provide the
Borough with an acceptable corporate surety bond or letter of credit
(hereinafter, "guaranty") to guarantee faithful performance of the
work authorized by a permit granted pursuant to this article. The
amount of the guaranty shall be 100% of the estimated cost of the
street excavation and repair to be done by the permittee. The term
of the guaranty shall begin upon the date of posting thereof and shall
terminate upon the receipt by the permittee of the certificate of
final inspection from the Director. If the permittee anticipates requesting
more than one permit per year, as required by this article, he may
furnish one continuing guaranty to guarantee faithful performance,
in such amount as the Director deems necessary. The amount of such
guaranty shall be in relation to the cost of restoring pavement cuts
to be made by the permittee throughout the year. Such guaranty shall
have an automatic renewal clause at the end of its term, unless canceled
by the permittee.
B.
Whenever the Director shall find that a default has occurred in the
performance of any term or condition of the permit, written notice
thereof shall be given to the principal and to the surety on the guaranty.
Such notice shall state the work to be done, the estimated cost thereof
and the period of time deemed by the Director to be reasonably necessary
for the completion of such work.
C.
After receipt of such notice, the surety shall, within the time therein
specified, either cause the required work to be performed or, failing
therein, indemnify the Borough for the cost of doing the work as set
forth in the notice.
Each applicant, prior to receipt of a permit, shall provide
the Borough with an acceptable certificate of insurance indicating
that he is insured against claims for damages for personal injury
as well as against claims for property damage which may arise from
or out of the performance of the work, whether such performance is
by himself, his subcontractor or anyone directly or indirectly employed
by him. Such insurance shall cover collapse, explosive hazards and
underground work by equipment on the street and shall include protection
against liability arising from completed operations. The amount of
liability insurance for bodily injury in effect shall not be less
than $1,000,000 for each person and $1,000,000 for each accident and
for property damages not less than $1,000,000, with an aggregate of
$1,000,000 for all accidents. All certificates of insurance shall
be subject to review and approval by the Borough Attorney prior to
issuance of any permit.
A.
When the Borough shall improve or pave any street, the Borough Clerk
shall first give notice to all persons owning property abutting on
the street about to be paved or improved and to all public utilities
and authorities operating in the Borough, and all such persons, utilities
and authorities shall make all connections as well as any repairs
thereto which would necessitate excavation of the street within 30
days from the giving of such notice. The time shall be extended if
permission is requested, in writing, and approved by the Director.
B.
No permit shall be issued by the Director to any person given notice
under this section which would allow an excavation or opening in a
paved and improved street surface less than five years old, unless
the applicant can clearly demonstrate that public health or safety
requires that the proposed work be permitted or unless an emergency
condition exists.
C.
If, by special action of the Director, a permit is issued to open
any paved and improved street surface less than five years old, a
penalty charge shall be made for the opening, except that the penalty
shall be waived in the event that the work is of an emergency nature.
The penalty charge shall be on a sliding scale and shall be equal
to 2% of the cost of restoring the opening for each unelapsed month
or fraction thereof of the five-year restricted period.
A.
Every person owning, using, controlling or having an interest in
pipes, conduits, ducts or other structures under the surface of any
street used for the purpose of supplying or conveying gas, electricity,
communication impulses, water or steam to or from the Borough or to
or from its inhabitants or for any other purpose shall file with the
Director accurate information showing the location, size and description
of all such installations.
B.
Within 30 days after the first day of January of each and every year,
such person shall file with the Director additional information showing
installations, including all those made or abandoned during the previous
year, provided that, if no additions have been made to its installation
during the previous year, a utility or authority may file with the
Director written statement to that effect within the period of time
specified above. A utility or authority may, at its own option, elect
to provide additional information throughout the year as it is available
rather than proceed as above noted.
If the work to be undertaken by the permittee is such that it
will affect the use of properties abutting or adjoining the project
or subsurface installations in the vicinity of the proposed opening,
the Director shall require the permittee to submit evidence, in affidavit
form, that the permittee has served the owners or tenants of such
properties and subsurface installations notices personally or by certified
mail, return receipt requested.
It shall be unlawful for any person to make any tunnel, opening
or excavation of any kind in or under the surface of any street without
first securing a permit from the Borough for each separate undertaking,
provided that any person maintaining pipes, lines or other underground
facilities in or under the surface of any street may proceed with
an opening without a permit when emergency circumstances demand the
work to be done immediately, provided that the permit could not reasonably
and practicably have been obtained beforehand. The person shall thereafter
apply for a permit on the first regular business day. The permit shall
be retroactive to the date when the work was begun.
[Amended 5-17-2004 by Ord. No. 1,330, effective 7-11-2004]
No person to whom a permit has been granted shall perform any
of the work authorized by such permit in any amount or quantity greater
than that specified in the permit, except that, upon the approval
by the Director, additional work may be done under the provisions
of the permit in any amount not greater than 10% of the amount specified
in the permit. Any deposit and guaranty posted in connection with
the original permit shall be deemed to cover any such additional work
and may be approved pursuant to this section within the limit mentioned
herein.
Work for which a permit has been issued shall commence within
45 days after the issuance of the permit therefor. If not so commenced,
the permit shall be automatically terminated. Permits thus terminated
may be renewed upon the payment of an additional permit fee as originally
required.
Permits are not transferable from one person to another, and
the work shall not be made in any place other than the location specifically
designated in the permit.
Every permit shall expire at the end of the period of time which
shall be set out in the permit. If the permittee shall be unable to
commence or complete the work within the specified time, he shall,
prior to expiration of the permit, present, in writing, to the Director,
a request for extension of time, setting forth therein the reasons
for the requested extension. If such an extension is necessary and
not contrary to the public interest, the permittee may be granted
additional time by the Director for the commencement or completion
of the work.
A.
Any permit may be revoked by the Director, after notice to the permittee,
for:
(1)
Violation of any condition of the permit or of any provision of this
article.
(2)
Violation of any provision of any other applicable ordinance or law
relating to the work.
(3)
Existence of any condition or the doing of any act constituting or
creating a nuisance or endangering the lives or properties of others.
B.
Written notice of any such violation or condition shall be served
upon the permittee or his agent engaged in the work. The notice shall
contain a brief statement of the grounds relied upon for revoking
the permit. Notice may be given either by personal delivery thereof
to the person to be notified or by certified or registered United
States Mail addressed to the person to be notified.
C.
A permittee may be granted a period of 48 hours from the date of
the notice to correct the violation and to proceed with the diligent
prosecution of the work authorized by the permit before the permit
is revoked.
D.
When any permit has been revoked and the work authorized by the permit
has not been completed, the Director shall do such work as may be
necessary to complete such work as was authorized by the permit and
to restore the street or part thereof to as good a condition as before
the opening was made. All expenses incurred by the Borough shall be
recovered from the deposit or bond the permittee has made or filed
with the Borough.
[Amended 5-17-2004 by Ord. No. 1,330, effective 7-11-2004]
A.
It shall be the duty and responsibility of any applicant to:[1]
(1)
Make a written application for permit to the Director, of such form
as the Borough shall prescribe. No work shall commence until the Director
has approved the application and plan and issued a permit and until
the applicant has paid and provided all fees, deposits, certificates
and bonds required by this article.
(2)
Furnish, in triplicate, a plan of approved scale showing the work
to be performed under the permit. If approved by the Director, one
copy of such plan shall be returned to the applicant at the time the
permit is granted.
(3)
Agree to save the Borough and its officers, employees and agents
harmless from any and all costs, damages and liabilities which may
accrue or be claimed to accrue by reason of any work performed under
the permit. The acceptance of any permit under this article shall
constitute such an agreement by the applicant, whether the same is
expressed or not.
(6)
Furnish a performance guaranty required by § 408-13 for the proper repair of the street opening.
(7)
Furnish a certificate of insurance, as required by § 408-14, or, in the case of a public utility or authority, furnish a self-insurer certificate issued by the Security Responsibility Bureau of the Division of Motor Vehicles, Department of Law and Public Safety, for the state.
(8)
Keep the original copy of the permit and an approved copy of the
plan. The permit shall be in the possession of the party actually
doing the work and shall be exhibited to the Director or duly authorized
inspectors or, in the instances of county or state highways, to the
respective inspectors of these organizations.
B.
Notwithstanding the requirements listed above, a public utility or authority may, in lieu of the requirements for a maintenance charge and a performance guaranty, furnish the Borough with a performance guaranty for the current year in the amount of $15,000, guaranteeing compliance with all provisions of this article except § 408-24A(7). The performance guaranty shall be subject to review and approval by the Borough Attorney prior to the issuance of any permit.
[Added 5-17-2004 by Ord. No. 1,330, effective 7-11-2004]
A.
An application for a road opening permit, which includes solely the repair of an existing sidewalk fronting or adjoining residential premises, shall be exempt from the provisions of § 408-13, Performance guaranty, and the fee requirements of § 408-24A(4), (5), (6) and (7) inclusive.
B.
The exemption provided by this section shall not apply to an application
for a road opening permit submitted following the issuance of an order
to repair by the Borough of Lincoln Park in enforcing this or any
other provision of the Borough Code.
C.
Nothing in this section shall be construed as providing for any exemption, release or waiver from the requirements of any other sections of this chapter, including but not limited to the provisions, requirements, and responsibilities set forth in § 408-24, which shall remain in full force and effect with regard to all applications for road opening.
