[Adopted 4-5-2010 by Ord. No. 2010-1]
A.
EXCAVATION
PERSON
STREET
The following words, when used in this article, shall have the meanings
ascribed to them in this section, except in those instances where
the context clearly indicates otherwise:
Any activity within the right-of-way of any street, alley
or cartway which involves cutting, breaking, or disturbing the surface
thereof. In this article, the term "opening" shall have essentially
the same meaning as "excavation."
Any natural person, partnership, firm, association, corporation,
municipal authority or public utility and/or any other legal entity.
Any public street, avenue, road, square, alley, highway or
other public place located in the Borough of Burgettstown and established
for the use of vehicles, but shall not include state highways.
B.
In this article, the singular shall include the plural, and the masculine
shall include the feminine and the neuter.
It shall be unlawful for any person to open or to make any excavation
of any kind in any of the streets in the Borough of Burgettstown (hereinafter
referred to as "Borough") without first securing a permit therefor,
as hereinafter provided.
Any person who shall desire to make any opening or excavation
in any of the streets in the Borough shall make application to the
Borough in writing 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 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 execution of the work connected therewith, or
from any other matter, cause or thing relating thereto.
The permit fee shall be in accordance with the fee schedule
as established and amended by the Borough by resolution from time
to time.
Permits shall be issued only to persons furnishing public utility
services or the owner or owners of the real property adjoining the
location where such opening or excavation is to be made.
Any permit issued hereunder shall specify the exact location
where the opening or excavation is to be made, the approximate permitted
size or depth thereof and the time within which the work for which
the permit is granted is to be completed.
A permit may be issued to the applicant after all the requirements
therefor have been filed. If the application is disapproved, written
notice of disapproval, together with reasons therefor, shall be given
to the applicant.
The work authorized by the permit is subject to all the provisions
of the Act of December 10, 1974, P.L. 852, No. 287, Section 1 et seq.,
as amended or supplemented from time to time.[1] It shall be the permittee's responsibility to contact
the utilities that have recorded their facilities in compliance with
said Act. A partial list of utilities providing services in the Borough
and their office addresses may be obtained from the Borough offices
or the County Recorder of Deeds.
[1]
Editor's Note: See 73 P.S. § 176 et seq.
Any person who shall open or excavate any street in the Borough
shall thoroughly and completely refill the opening or excavation in
such a manner as to prevent any settling thereafter and shall restore
the surface to the same condition as it was before the opening or
excavation, and such restoration shall be in accordance with the specifications
of the Department of Transportation of the Commonwealth of Pennsylvania,
which are hereby adopted as specifications of the Borough for restoration
of surfaces of streets in the Borough; as restored, the surface shall
conform to the proper grade and be of the same surface covering as
the part of the thoroughfare immediately adjoining the opening. If,
within two years after the restoration of the surface as herein provided,
defects shall appear therein resulting from defective backfilling
by the applicant, the applicant shall reimburse the Borough for the
cost of all necessary repairs to the permanent paving.
Any utility or related entity that makes three or more cuts
or openings in a portion of a Borough street shall be required to
repave the entire portion of the Borough street between and including
the cuts or openings to the satisfaction of the Borough Council. Therein,
the utility or related entity shall formally acknowledge its responsibility
to do so prior to any opening or cut.
All other work in connection with openings in any street, including
excavation, protection, refilling and temporary paving, shall be done
by or for the person to whom or which the permit has been issued at
his or its expense, and all such work shall be subject to the provisions
of this article and to the supervision and approval of the designated
official, provided that the Borough may, if it deems it necessary
to the proper performance of the work, require that cutting of the
surface of streets and the backfilling of all excavations therein
shall be done by the Borough, in which event the applicant shall pay
the actual cost of the work performed by the Borough.
A.
No opening or excavation in any street shall extend from the curbline
into the highway a distance greater than one foot beyond the center
line of the street before being refilled and the surface of the highway
restored to a condition safe and convenient for travel.
B.
No more than 300 feet longitudinally shall be opened in any street
at any one time.
C.
The work of excavation shall be so conducted as not to interfere
with the water mains, sewers or their connections with the houses,
or 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
Borough and permission therefor endorsed upon the permit. The backfilling
of a tunnel excavation shall be made only in the presence of the person
designated as inspector by the Borough and shall be done only in a
method approved by him.
E.
All openings or excavations shall be backfilled promptly with modified
2A stones and thoroughly compacted in layers, each of which layers
shall not exceed eight inches in depth. Backfilling shall be placed
to within 10 inches of the surface.
F.
A temporary paving of coldpatch premix, thoroughly bound and compacted,
shall be installed flush with the surface of the adjoining paving
and maintained for a period of 90 days.
G.
On concrete base streets, such base shall be replaced with concrete,
and the minimum size of the opening or excavation shall be 16 square
feet.
H.
During the making of any excavation in the street, every necessary
and reasonable precaution shall be taken by the applicant and the
parties making the same to keep the street in a safe and passable
condition both day and night by guards, barriers, lanterns and other
devices, and all excavating permits granted hereunder are granted
under and subject to the express condition that the person to whom
the same 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 said excavation or by any leak, explosion
or other injury from any pipe, apparatus, conduit or any other matter
placed in said excavation.
I.
The applicant shall notify the person designated by the Borough when
the opening or excavation is ready for backfilling, before any backfilling
is done, when backfilling work is completed, when the temporary paving
has been installed and when the street has been permanently restored
so that inspections may be made.
J.
In the event that any work performed by or for a permit holder shall,
in the opinion of the Borough, be unsatisfactory and the same shall
not be corrected in accordance with his instructions within the time
fixed by it or in the event that the work for which the permit was
granted is not completed within the time fixed by the Borough, the
Borough may proceed to correct such unsatisfactory work or complete
any such work not completed and charge the cost thereof, plus 20%,
to the applicant.
In the 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 such 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 such pipe, line, construction
or apparatus, the Borough, after such notice as deemed necessary under
the 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% to such owner or person.
The permission herein granted does not confer upon the permittee
or its contractors the right to cut, remove or destroy trees or shrubbery
within the legal right-of-way except under specifications, regulations
and conditions as the Borough may prescribe.
The Borough 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 the said street, within 30 days from the giving of such
notice, unless such time is extended, in writing, for cause shown,
by the Borough. New paving shall not be opened or excavated for a
period of five years after the completion thereof, except in case
of emergency, the existence of which emergency and the necessity for
the opening or excavating of such paving to be determined by the Borough.
If it is sought to excavate upon or open a sewer within five years
after the completion of the paving, the applicant shall make application
to the Borough Council, and a permit for such opening shall be issued
only after express approval of the Borough Council.
If at any time in the future the roadway is widened, reconstructed
or the alignment of grades are changed, the permittee further agrees
to change or relocate all or any part of the structures covered by
this permit which interfere with the improvement of the roadway at
its own cost and expense.
No new water, sewer, steam or gas main or electric, telephone
or other utility line shall hereafter be laid or constructed, and
no such existing main or line shall be extended, in any of the streets
of the Borough until the plan therefor shall have been first filed
with the Borough and such plan and the exact location of such main
or line approved by it. The Borough shall not approve the locating
of any such main or line at a depth of less than 30 inches from the
surface of the street unless it shall be convinced that locating the
same at a depth of more than 30 inches from the surface is impossible
or impractical.
No company, corporation or association shall dig up any street
or alley without first giving the Borough a bond with some acceptable
trust or surety company as surety in the sum of 110% of the contract
amount or estimated cost, conditioned for the faithful performance
of these provisions and also for any and all damages, claims, demands,
suits, costs and counsel fees occasioned or arising from the digging
up, opening or closing of said streets and alleys. A bond shall not
be required for minor or emergency repairs.
Payment for all work done by the Borough under the provisions
hereof shall be made by the person made liable therefor under the
provisions hereof within 30 days after a bill therefor is sent to
such person by the Borough. Upon failure to pay such charges within
such time, the same shall be collectible by the Borough by an action
in assumpsit or in the manner provided by law for the collection of
municipal claims.
Any person who violates or permits a violation of this article
shall, upon conviction in a summary proceeding 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 county correctional facility for a period not exceeding
30 days. Each day that such violation exists shall constitute a separate
offense, and each section of this article that is violated shall also
constitute a separate offense. In addition to or in lieu of enforcement
under this section, the Borough may enforce this article in equity
in the Court of Common Pleas of Washington County.
The provisions of this article shall not apply to laying sidewalks
or curbs.
