[Ord. 355, 5/5/1986]
As used hereinafter, the following words and terms shall be
construed as follows:
Any person, firm, association or corporation applying for
and to whom a permit may be issued.
A fee charged to an applicant and paid to the Borough of
Fountain Hill, for officially authorized street excavation, to defray
a percentage of the costs for resurfacing and reconstruction of Borough
of Fountain Hill streets, resulting from the depreciation of streets
associated with street openings by or on behalf of the applicant.
[Added by Ord. 804, 8/4/2014]
An unforeseen circumstance which calls for immediate action
to protect life and/or substantial property damage.
[Added by Ord. 804, 8/4/2014]
The digging of any trench or excavating through or under
the roadway or sidewalk, or the cutting into or opening and removal
of any pavement surfaces of any street, alley, avenue or lane within
the Borough limits.
Any utility company, excluding corporate authorities of the
Borough, licensed by the Public Utility Commission of the Commonwealth
of Pennsylvania.
[Added by Ord. 804, 8/4/2014]
[Ord. 355, 5/5/1986]
No person shall make or cause to be made any excavation within
the Borough without first obtaining a permit therefor.
[Ord. 355, 5/5/1986]
1.
Application
for any excavating permit shall be filed in the office of the Borough
Secretary upon forms provided by the Borough for that purpose and
shall be signed by the applicant. Each application must be accompanied
by plans indicating the location, purpose, size and time of the excavation
and shall be subject to approval by the Borough Engineer.
2.
The applicant
for a permit must notify PA One Call of the proposed excavation and
shall provide a PA One Call ID number with the application. Failure
to include the PA One Call Number will result in a permit not being
issued.
[Added by Ord. 804, 8/4/2014]
[Ord. 355, 5/5/1986]
The applicant shall deposit or show evidence of a public liability
policy insuring the Borough, as well as the person doing the work,
against any loss or damage to persons or property resulting from the
acts or work being done, in any amounts as deemed adequate by the
Borough Secretary, and shall indemnify and hold harmless the Borough
for any claim for injury to persons or damage to property arising
out of the aforesaid work.
[Ord. 355, 5/5/1986; as amended by Ord. 657, 8/6/2001]
1.
The applicant,
prior to issuance of the permit, shall pay to the Borough Secretary
a permit fee of $50 for work in the cartway, and a fee of $10 for
work behind the curbline. This permit shall at all times be in the
possession of a competent person actually on the site of the work
and shall be shown to any police officer or properly authorized employee
of the Borough upon demand. Fees may be revised by resolution from
time to time
2.
The applicant
shall be responsible for repairing and/or resurfacing the excavation
to the condition that it was in prior to the commencement of work;
and prior to the performance of this work, the applicant shall deposit
with the Borough Secretary a sum equivalent to the Borough Engineer's
estimate of cost to perform this work. In the event applicant performs
work satisfactorily, the deposit shall be returned to him. In the
event the Borough is required to perform the work, the deposit shall
be used to reimburse the Borough for its costs. Should the Borough's
cost exceed the amount of the deposit, the applicant shall pay such
additional costs to the Borough within 30 days of rendering a statement
to said applicant.
3.
No deposit
shall be required and no charge made for an excavation on the sidewalk
where same is made in connection with a permit granted for an excavation
in the roadway, or for excavations made under permit issued for the
construction or repair of sidewalks, curbing or gutters, or where
permits have been granted for the erection of poles, or for contracts
executed by the Borough or any department thereof, or for any work
done under the direction and authority of any Borough department;
but in all cases proper application shall be made and a permit secured
as herein provided.
4.
Paving
on Borough streets shall not be excavated for a period of seven years
after the completion of the paving or resurfacing of the street without
approval of the necessity for the excavating of such paving by Borough
Council, and for the application of the provisions of this section
requiring the degradation fee. In addition to the permit fees and
deposit as required, if an applicant seeks to excavate a paving within
seven years after the completion of paving, the applicant, prior to
issuance of the permit, shall pay a degradation fee to the Borough
of Fountain Hill in an amount set by resolution of Borough Council.
[Added by Ord. 804, 8/4/2014]
5.
The degradation
fee as provided by this section may be waived by Borough Council in
the event the applicant can demonstrate that public health or safety
requires that the proposed work be permitted or unless an emergency
exists that must be corrected by a public utility. Such waiver shall
be by resolution of Borough Council adopted at a public meeting after
public notice.
[Added by Ord. 804, 8/4/2014]
[Ord. 355, 5/5/1986]
The applicant shall agree to pay the entire cost incurred in
the replacement of the excavations, and the Borough shall have the
right to correct any deficiencies in the work and to charge the costs
thereof against the applicant's deposit as provided in § 305.
The applicant also agrees to safeguard and maintain in good
order the excavation until such time as the Borough may temporarily
or permanently restore the street surface and to assume all expense
due to defective backfilling for the period of one year after the
date of completion of the excavation, provided said date does not
fall between November 15 and April 15, otherwise from April 15.
[Ord. 355, 5/5/1986]
All work shall be performed in accordance with the standards
and specifications of the Borough Engineer and in compliance with
PennDOT Form 408, all other PennDOT specifications, rules and regulations,
and the General Specifications for Borough Streets.
[Ord. 355, 5/5/1986]
All work shall be subject to the supervision, inspection and
approval of the Borough Engineer.
[Ord. 355, 5/5/1986]
The applicant shall, during the progress of the work, provide
such barriers, fences, "street closed" and "danger" signs, and red
lights and watchmen as to make the excavation safe at all times. No
street shall be closed without permission of Borough Council and notification
to the Police Chief.
For the convenience of the public, temporary approaches to and
crossings on intersecting streets shall be provided for and kept in
good condition where practicable. The sidewalk and streets adjoining
the work shall not be littered or obstructed more than necessary,
and the drainage gutters and inlets to any culverts or sewers shall
be kept clean and unobstructed at all times.
[Ord. 355, 5/5/1986]
All methods of excavation, backfilling, material and/or reservation
shall be done in conformation with the standards and specifications
of the Borough Engineer and with PennDOT Form 408 Specifications,
and all other PennDOT specifications, rules and regulations, and the
General Specifications for Borough Streets.
[Ord. 355, 5/5/1986]
In case of an emergency arising at night, Sundays or legal holidays,
when immediate excavation may be necessary for the protection of private
property, the case shall be reported to the Police Department, which
shall grant permission for the necessary excavation. An application
must be made in the regular manner on or before 12:00 noon on the
next following business day.
[Ord. 355, 5/5/1986]
The Police Department is hereby authorized and directed to carefully
note all excavations in streets and sidewalks of the Borough and the
patrolmen to report same to the head of the Street Committee or the
Borough Secretary. When work is being done without a permit, the officer
shall stop work, pending the securing of such permit. In all cases
of the opening of streets, whether the party exhibits permits or not,
patrolman shall report.
[Ord. 355, 5/5/1986]
Any person violating any provisions of this chapter shall, upon
conviction thereof in a summary proceeding, be sentenced to pay a
fine of not more than $300 for each and every offense, to be collected
as other fines and costs are by law collectible, or shall be imprisoned
for not more than one day for each $10 of the unpaid balance of fine
and costs. Each day during which any person violates any provision
of this chapter shall constitute a separate offense.
