As used in this article, the following terms shall have the
meanings indicated:
APPLICANT
Any person who makes application for a permit.
BACKFILL
Material used to replace, or the act of replacing, material
removed during excavation.
BASE COURSE
The layer of specified bituminous material placed immediately
below the wearing course and on top of a subbase and subgrade to support
the wearing course of an asphalt street.
BOROUGH
The Borough of Palmyra, Lebanon County, Pennsylvania.
COST
Actual expenditures incurred by the Borough for labor, equipment,
and materials including, without limitation, all fringe benefits and
overhead, professional engineering fees, attorney's fees, etc.
DEGRADATION FEE
A fee paid by the permittee to the Borough to defray the
depreciation of Borough streets which have been constructed, reconstructed,
or resurfaced within five or less years prior to a street opening.
EMERGENCY
Any unforeseen circumstance which calls for immediate action
to protect or safeguard life or property or for the restoration or
continuance of a public utility, or other public service.
ENFORCEMENT OFFICER
The person appointed by Borough Council to administer and
enforce this article.
GROUT
A mixture of cement, water, and sand.
INSPECTOR
The Borough's authorized representative assigned to inspect
permitted work.
MUNICIPAL AUTHORITY
Any municipal authority created, in whole, or in part by
the Borough of Palmyra under the Pennsylvania Municipal Authorities
Act.
OWNER
The legal or equitable owner of the facilities upon which
work is to be performed or which are to be installed pursuant to a
permit issued under this article.
PENNDOT
The Pennsylvania Department of Transportation, or any agency
successor thereto.
PERMIT
Authorization granted in writing by the Borough to an applicant
to conduct an excavation within a Borough-owned right-of-way.
PERMIT FEE
A fee paid by an applicant to the Borough to cover the costs
of issuing, processing, inspecting, and filing the permit.
PERMITTEE
Any person who has been issued a permit and who shall by
acceptance thereof agree to fulfill any provision of this article.
PERSON
Any natural person, firm, partnership, association, corporation,
public utility, or similar entity.
PLANS
Drawings which show the location, character, and dimensions
(length, width, and depth) of the proposed occupancy and related road
features.
PUBLIC UTILITY
Any utility company, excluding municipal authorities created
by the Borough, licensed by the Public Utility Commission of the Commonwealth
of Pennsylvania.
SEAL COAT
A thin liquid bituminous material applied to a bituminous
surface course to waterproof joints within the bituminous surface
course.
STREET
The entire right-of-way of a public road, public alley, or
public easement, excluding designated curb and sidewalk areas, within
the Borough.
WEARING COURSE
The top layer of specified bituminous concrete material designed
to accommodate traffic load, traffic abrasion, and has the ability
to resist skidding, and the disintegrating effects of climate for
the construction of an asphalt street.
Street opening permits shall only be granted upon compliance
with the following express provisions:
A. A written application shall be filed with the Borough at least five
business days prior to the start of work for making all street openings
or excavations, and the same shall be signed by the person desiring
such permit. Such application shall set forth all information required
by the Borough including, but not limited to, the names, addresses
and contact information for the owner and contractor performing the
work, the purpose for which such excavation is to be made, the probable
length, width, and depth, and location of the same, the full scope
of work to be included in the project, a sketch of the proposed opening
site, and the date such excavation is to be refilled and resurfaced
in the manner hereinafter provided, and shall provide that the applicant
will faithfully comply with each and every provision contained in
this article. An applicant shall furnish an engineered drawing of
the proposed opening site only upon request of the enforcement officer.
Items required on the drawing shall be specified at the time of the
request.
B. Prior to the issuing of such permit, every such applicant shall pay
the permit fee and other amounts required by this article.
C. Where the permit is required for water or sewer, the application
shall be signed by an authorized representative of the utility furnishing
the water or sewer service.
D. Except in emergency situations, the opening of a street which has
been resurfaced or reconstructed within a three-year period prior
to the date of request for the street opening shall be prohibited.
E. Except in emergency situations, applications for street openings
shall be submitted to the Borough at least five business days prior
to the proposed date of excavation. The enforcement officer shall
review each application and grant or deny the applicant a permit upon
completion of the review.
F. No street opening shall be performed, except in the case of emergency,
between November 15 and March 15.
G. As a condition of the permit, the applicant shall agree to save the
Borough, its elected and appointed officials, officers, employees,
and agents harmless from any and all costs, damages, and liabilities
by reason of personal injury or property claim which may accrue, or
be claimed to accrue, whether directly or indirectly, by reason of
said work, irrespective of the cause of such injury or damage. The
acceptance of any permit under this article shall constitute such
an agreement by the applicant whether the same is expressed or not.
H. An applicant shall supply a certificate of insurance to the Borough and have the certificate of insurance properly executed by the applicant's insurance agency. Properly executed certificates of insurance shall be filed with the Borough and shall verify that the applicant is insured against claims for personal injury as well as against claims for property damages which may arise from or out of the performance of the excavation work, whether such performance is by the applicant or anyone directly or indirectly employed by, or contracted by the applicant. Such insurance shall include protection against liability arising from completes operations, underground utility damage and collapse of any property. Liability insurance for personal injury or death shall be in the amount not less than $1,000,000 for each person and $1,000,000 for each occurrence and for property damage in an amount not less than $300,000. Such insurance shall also provide hold harmless coverage pursuant to Subsection
G above, and shall designate the Borough and its elected and appointed officials, officers, employees and agents as additional insureds. Failure of an applicant to file a certificate of insurance shall be sufficient reason for denying a permit.
In all cases where a permit has been issued and the work set
forth in such permit has not been completed, the amount not completed
shall be canceled. The degradation fee paid shall be recalculated
on the basis of the work actually completed and the actual extent
of excavation. All degradation fees paid in excess of this adjustment
shall be refunded without interest by the Borough, upon warrant properly
drawn. The portion of the permit fee attributable to processing the
permit application shall not be refunded upon permit cancellation.
Provided, however, that before the permit is cancelled and the degradation
fee is refunded, the permittee shall restore the pavement in accordance
with the requirements of this article. If the permittee does not restore
the pavement in accordance with all requirements of this article,
no refund shall be due and the Borough shall have the right to make
any necessary restoration and recover all costs from the permittee.
If any permittee is unable to complete the street opening on
or before the date specified in the permit, the permittee shall file
a written application for an extension of time with the enforcement
officer, who shall have discretion to grant or deny such application.
The written application shall be in letter form and shall thoroughly
explain the reasons for the extension of time plus the additional
length of time required. A fee as set forth from time to time by resolution
by the Borough Council shall accompany the application for an extension.
This fee shall defray the costs of processing and filing application.
In case the work has not been completed before the date of expiration
as shown on the permit, which time shall be fixed when the permit
and/or time extension in granted, the Borough may take steps to backfill
the trench and to replace the street surface over the opening for
which the permit has been issued. The Borough shall invoice the permittee
for all costs by the Borough in the performance of this work. Payment
not made within 30 days shall be collectable in the manner provided
by law.
A permit shall be obtained for any test hole work. No test holes
shall be made in or upon a greater surface of the street than as specified
in such permit, and no excavation or test holes shall interfere with
any of the water pipes, sewers, and drains of the Borough, or any
other underground utility service. Test holes having an area of four
square inches or less shall be filled by the applicant with grout
composed of one part cement and two parts sand and a sufficient quantity
of water, filled to the surface of the highway. The surrounding surface
of the street shall be placed in the same condition as before. Test
holes greater than four square inches in area shall be backfilled
in accordance with the provisions of this article, unless otherwise
directed by the enforcement officer.
In no case shall a permittee open or remove a greater area of
street surface than specified in the original application. The permittee
shall not open any street area at a location not specified in the
permit. If the permittee determines during construction that an additional
area of the street will have to be opened, the permittee shall notify
and secure permission from enforcement officer for an additional opening.
Upon receipt of the permission, the permittee shall file a supplementary
application for the work no later than the next workday. Fee amounts
specified in this article shall be followed for any subsequent fees
associated with the supplementary applications.
The permittee shall guarantee and maintain all work for a period
of 24 months from the completion of the restoration and replacement
work. Within this twenty-four-month period, upon notification from
the Borough of necessary correction work required, including street
settlement, the permittee shall correct or cause to be corrected all
restoration work required within five calendar days of notification.
The enforcement officer shall determine the extent of the restoration
required and the method of correction. Any and all work not completed
within this five-day period may be completed by the Borough. The Borough
shall invoice the permittee for all the costs incurred by the Borough
in performance of this work, plus an additional 10% additional to
cover administrative expenses. Payment not made within 30 days of
the invoice shall be collectable in the manner provided by law, including
any allowable penalties.
If the enforcement officer determines that a person has committed
or permitted the commission of a violation of this article, the enforcement
officer shall inform such person in writing of the violation, shall
notify such person to cease the violation of this article, and shall
inform such person they must pay a civil penalty to the Borough within
the range of the amounts set forth below to settle the violation.
The penalty for a first offense shall be not less than $50 and not
more than $600; the penalty for a second offense shall not be less
than $100 and not more than $600; and the penalty for a third or greater
offense shall be not less than $200 and not more than $600. If such
person fails or refuses to remit the penalty to the Borough within
10 days from the date of the written notice of the violation of this
article, the Borough may commence a civil collection action in accordance
with Section 3321(b) of the Borough Code and/or may commence an action in equity. In all enforcement
or collection actions, the Borough shall seek a judgment for the penalty
previously imposed together with additional daily penalties for continuing
violations plus all court costs, including the reasonable attorneys'
fees incurred by the Borough in the proceedings. Each day that a violation
continues shall constitute a separate violation, and each section
of this article which is violated shall constitute a separate violation.
Any person aggrieved by a decision of the enforcement officer
under this article shall, to the extent allowed by law, be entitled
to a hearing before the Borough Council after notification is submitted
in writing to the Borough Manager requesting such appeal.