[Adopted 6-10-1930 by Ord. No. 204; amended in its entirety 10-5-1987 by Ord. No.
568 (Ch. 21, Part 1, of the 1987 Code of Ordinances)]
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
or municipal authority.
Any public street, avenue, road, square, alley, highway or
other public place located in the Borough 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 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 Manager 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 prosecution of the work connected therewith, or
from any other matter, cause or thing relating thereto.
A.
Before any permit shall be issued to open or excavate any street
in the Borough, the applicant shall pay a permit fee as established
from time to time by resolution of Council to cover the cost of inspection
and other incidental services in connection therewith. When application
shall be made to open or excavate any longitudinal opening or excavation
in excess of 10 feet, before any permit shall be issued so to open
or excavate, the applicant shall pay, in addition to such minimum
fee, an additional fee for each 100 feet or fraction thereof to be
opened or excavated upon such street.
B.
In case of roadway surfaces of concrete, warenite, fibertine, amiesite,
asphalt mixture, penetrating or similar materials, openings and breaks
shall be filled and finished as required by the Borough, and there
shall be paid by the person applying for permit, in addition to the
sum required in this section, an additional charge for bituminous
concrete.
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,[1] as amended or supplemented from time to time. 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 County Recorder of Deeds.
[1]
Editor's Note: See 73 P.S. § 176 et seq., the Underground
Utility Line Protection Law.
[Amended 2-1-2010 by Ord. No. 671]
A.
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.
B.
Permanent pavement restoration to all excavated streets shall be
performed by the applicant within 30 days after completion of the
initial work unless weather conditions prevent the completion of permanent
restoration, at the discretion of the Borough Manager. In that case,
the permanent pavement restoration shall be completed as soon as the
weather conditions permit the restoration. Permanent pavement restoration
shall consist of at least an eight-inch-thick bituminous concrete
base course and a two-inch-thick wearing course, in accordance with
the most recent Pennsylvania Department of Transportation standards.
Additionally, edges of the excavation shall first be cut 12 inches
and the edges shall be hot sealed with application of AC-20 bituminous
sealer after placement of the paving.
C.
When four or more openings, or one continuous opening, have been
made within 100 linear feet of pavement, the applicant shall complete
permanent pavement restoration as provided herein for the entire length
of the street between the ends of the furthest openings, extending
from the curbline into the street a distance one foot beyond the center
line of the street or one foot beyond the trench, whichever is greater.
D.
If the Borough Manager finds that the paving surface adjacent to
the street excavation is damaged, or where a number of cross trenches
are laid in proximity to one another, or where equipment used by the
applicant causes damage to the street or adjacent streets where the
street excavation occurs, the Borough Manager may order the permanent
pavement restoration as provided herein to the damaged street from
curbline to curbline.
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 Borough
Manager, provided that the Borough Manager may, if he 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 500 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 Manager and permission therefor endorsed upon the permit.
The backfilling of a tunnel excavation shall be made only in the presence
of the Borough Manager or an inspector designated by him 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 cold-patch 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 the said excavation.
I.
The applicant shall notify the Borough Manager 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 Manager, be unsatisfactory and the same
shall not be 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 Borough
Manager, 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 Manager, after such notice as he shall deem
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 Manager 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 Manager. 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 is to be
determined by the Borough Manager. If it is sought to excavate upon
or open a sewer within five years after the completion of the paving,
the applicant shall make written 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 or grades are changed, the permittee further agrees
to change or relocate all or any part of the structures covered by
his permit which interfere with the improvement of the roadway at
his 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 Manager and such plan, and the exact location of
such main or line, approved by him. The Borough Manager 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 he 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 to the Borough a bond with some acceptable
trust or surety company as surety, in the sum of $10,000, 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.
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, firm or corporation who shall violate any provision
of this article shall, upon conviction thereof, be sentenced to pay
a fine of not more than $300 and/or to imprisonment for a term not
to exceed 90 days. Every day that a violation of this article continues
shall constitute a separate offense.
