[Adopted 11-18-2003 by Ord. No. 1422 (Ch. 21, Part 1, of the 2006 Code of Ordinances)]
As used in this article, the following terms shall have the meanings indicated:
STREET
Any public street, avenue, road, square, alley, highway or other public place located in the Borough and established for the use of vehicles.
It shall be unlawful for any person to open or to make any excavation of any kind in any street in the Borough without first securing a permit provided in this section and § 476-20.
Any person who shall desire to make any opening or excavation in any street, or to connect a driveway to a city street, or constructing, cutting, altering or repairing a curb, marking the boundary of a paved street, or installing any pole or structure for telephone, cable, electric or any other service within any street, or the placing, constructing, or installing of any device or thing which obstructs public travel or public use within city streets in the Borough shall make application to the Secretary, in writing, for that purpose. The application shall be made upon forms to be furnished by the Borough and shall set forth the name of applicant, the 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 and the laws of the commonwealth in relation thereto, and that the applicant shall 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 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.
At the time an application is filed with the Secretary, an application fee as provided in the fee resolution, which may be amended from time to time by the Borough Council, shall be submitted. Said application fee shall be nonrefundable.
A. 
Before any permit shall be issued to open or excavate any street, the applicant shall have paid the required application fee. In addition, the applicant shall deliver to the Borough a fee of $500 for each opening or a yearly performance bond in the amount of $5,000. Said fee shall be returnable and said bond not utilized provided the applicant satisfactorily restores street and work area site to the satisfaction of the Borough. The return of said fee or the nonutilization of said bond shall not be construed as relieving the applicant from the provisions of § 476-24 of this article.
B. 
Before any permit is issued, the project area will be inspected by the Director of Public Works, and the scope of work reviewed. After said inspection and review, the Director of Public Works will give his recommendation to the Borough Manager on approving or denying the application.
C. 
Permits shall be valid for 30 days from the date of issuance. Permanent restoration work for permits issued between October 15 and April 15 shall be completed on or before May 15.
All permits shall be subject to the following insurance conditions and requirements:
A. 
No work shall be undertaken without current applicable policies of insurance in effect including workmen's compensation coverage, and vehicle insurance coverage meeting the minimum requirements of Pennsylvania Law.
B. 
No work shall be undertaken without current and applicable policies of comprehensive general liability and contractors liability insurance in effect providing minimum coverage of $300,000 per person and $500,000 in the aggregate for bodily injuries, death and property damage claims on a per-occurrence basis.
C. 
Permittee shall require subcontractors or persons engaged in any construction or other work related to the project to obtain and maintain effect insurance meeting the same requirements as set forth above.
D. 
Upon request, permittee shall provide certificates of insurance to the Borough and other information as may be required to confirm that the coverages required are in effect.
Every person who shall open or excavate any street in the Borough shall thoroughly and completely refill the opening or excavation with approved materials, tamping or ramming, so as to prevent any settling thereafter, and shall resurface the portion of the street disturbed, to the same grade as the original surface, according to specifications of the Pennsylvania Department of Transportation set forth in their Publication 408. If within two years after restoration of the surface as required by this section, defects appear resulting from defective backfilling by the permit holder or his agent or employee, the permit holder shall be responsible for reimbursing the Borough for the cost of all necessary repairs to the surface.
All work in connection with openings in any street, including excavation, protection, refilling and resurfacing, shall be done by the permit holder at his expense and all such work shall be subject to the provisions of this article and to the supervision and approval of the Borough Manager or his duly authorized representative. The Borough Manager or his duly authorized representative may require that cutting of the surface of improved streets and backfilling of all excavations in those streets be done by the Borough, and the charge for that work shall be paid by the permit holder on the basis of actual cost of the work plus 20%. In the event the work involves substantial road cuts or openings involving more than 100 square feet or more than 100 lineal feet, the applicant shall be charged and be liable to the Borough for the reasonable actual costs of inspection by the Borough and applicant shall agree upon a unit cost inspection charge to be paid in advance.
A. 
No opening or excavation in any street shall extend from the curbline into the street a distance greater than one foot beyond the center line of the street before being refilled and the surface of the street restored to a condition safe and convenient for travel.
B. 
No more than 150 feet longitudinally shall be opened in any street at any one time.
C. 
The work of excavation shall be conducted so as not to interfere with the water mains, sewers or their connections with buildings or with any other subsurface lines 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 Council or its duly authorized representative and that permission shall be endorsed upon the permit. The backfilling of a tunnel excavation shall be made only in the presence of Council or its duly authorized representative, or an inspector designated by him, and shall be done only in a method approved by him. Tunneling shall not be defined to include augers and bores normally used by utility companies.
E. 
All openings or excavations shall be backfilled promptly with approved materials and thoroughly compacted layers each of which shall not exceed six inches in depth. On improved streets, the backfilling shall be placed to within 10 inches of the surface, and resurfacing shall be done in conformity with state specifications per Publication 408.
F. 
During the making of any excavation in any street, every necessary and reasonable precaution shall be taken by the permit holder and the persons actually doing the work to keep the street in a safe and passable condition both day and night, by guards, barriers, lights and other devices, and all excavating permits are granted under and subject to the express condition that the person to whom the permit is issued 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 excavation, or by any leak, explosion or other injury from any pipe, apparatus, conduit or any other matter placed in said excavation.
G. 
The applicant shall notify Borough Manager or his duly authorized representative when the opening or excavation is ready for backfilling before any backfilling is done, and also when the work is completed by proper backfilling in the case of unimproved streets and by resurfacing in the case of improved streets.
H. 
In the event that any work performed by or for a permit holder shall, in the opinion of Borough Manager or its duly authorized representative, be unsatisfactory and the deficiency is not 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 Secretary and indicated on the permit, the Borough may proceed to correct such unsatisfactory work or complete any incomplete work, and charge the cost, plus 20%, to the permit holder. Provided, under special circumstances, the Secretary, at his discretion, and on application of the permit holder, may extend the termination date of a permit.
In 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 the condition before securing a permit; provided, that application for 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 the pipe, line, construction or apparatus, Borough Manager or his duly appointed 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%.
Borough Manager or his duly authorized representative shall give timely notice to all persons owning property abutting on any street 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 that street within 30 days from giving the notice, unless the time is extended in writing for cause shown by Borough Manager or duly authorized representative. New paving shall not be opened for a period of five years after its completion, except in case of emergency, the existence of which emergency and the necessity for the opening of the paving to be determined by; Borough Manager or duly authorized representative. If it is sought to excavate upon or open a street with five years after the completion of the paving for any other reason than an emergency as above stated, the applicant shall make written application to Council, and a permit for the opening shall only be issued after express approval of Council.
No new water or gas main shall hereafter be laid or constructed and no existing water or gas main shall be extended in any streets in the Borough until the exact location and the plan of the proposed main has first been approved by Council.
All utility companies which own and/or operate utility lines within any street, alley or way of the Borough shall within six months after passage of this article furnish the Borough with a map or maps showing the approximate location of such lines and accurate data shall be furnished to the Borough for all future installations.
Payment for all work done by the Borough under this article shall be made by the person liable under the provisions of this article within 30 days after a bill is sent to that person by the Borough. Upon failure to pay such charges within that time, they shall be collectible by the Borough 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 that $1,000 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 30 days. Each day that a violation of this article continues shall constitute a separate offense.
This article shall not apply to laying sidewalks or to planting poles, except those in paved areas, or the construction and maintenance work performed by Borough work forces or Borough contracted work in so far as permits and permit fees or bonds are provided for herein.