Borough of New Eagle, PA
Washington County
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Table of Contents
Table of Contents
[Adopted 10-4-2016]
A. 
The following words, when used in this article, shall have meanings ascribed to them in this section, except in those instances where the context clearly indicates otherwise:
BOROUGH
The Borough of New Eagle, Washington County, Pennsylvania.
EXCAVATION
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."
PERSON
Any natural person, partnership, firm, association, corporation or municipal authority.
STREET
Any public street, avenue, road, square, alley, highway or other public place located in the Borough of New Eagle 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 Secretary in writing for that purpose. Such application shall be made upon forms 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 and 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 related thereto.
Before any permit shall be issued to open or excavate any street in the Borough, the applicant shall pay a permit fee in the amount fixed according to a schedule established pursuant to a resolution of the Borough Council.
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 and 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 satisfied. 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, 73 P.S. §§ 176 to 186, ("One Call System"), 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.
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 Borough for the restoration of surfaces of streets in the Borough; 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.
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 the permit has been issued, at his or her 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 Council President or Code Enforcement Officer, provided that the Borough Council President or Code Enforcement Officer 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 assessed as the actual cost of the work performed by the Borough, and the permit holder shall pay to the Borough within 10 days of demand all such actual costs.
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 subsurfaces, lines or constructions, until permission from the proper authorities in connection with subsurface lines or constructions shall have been obtained.
D. 
No tunneling shall be allowed without the express approval of the Borough Council President or Code Enforcement Officer and permission therefor endorsed upon the permit.
E. 
All openings or excavations shall be backfilled promptly with modified 2A stone 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. 
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.
H. 
The applicant shall notify the Borough Secretary when the opening or excavation is ready for backfill 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 inspection may be made.
I. 
In the event that any work performed by or for a permit holder shall, in the opinion of the Borough Council President or Code Enforcement Officer, 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 Council President or Code Enforcement Officer, the Borough may proceed to correct such unsatisfactory work, and the cost thereof plus 20% shall be paid by the applicant within 10 days after demand.
J. 
Monuments of concrete, iron or other lasting material set for the purpose of locating or preserving the lines of any street or property subdivision or a precise survey reference point or a permanent survey bench mark within the Borough shall not be removed or disturbed or caused to be removed or disturbed unless permission to do so is first obtained in writing from the Borough Council President or Code Enforcement Officer. Permission shall be granted only upon condition that the applicant shall pay all expenses incident to the proper replacement of the monument, survey reference point, bench mark, etc.
K. 
When the work performed by the applicant interferes with the established drainage system of any street, provision shall be made by the applicant to provide proper drainage to the satisfaction of the Borough Council President or Code Enforcement Officer.
L. 
When any earth, gravel or other excavated material is caused to roll, flow or wash upon any street, the applicant shall cause the same to be removed from the street within 24 hours after deposit. In the event the earth, gravel or other excavated material so deposited is not removed, the Borough shall cause such removal, and the cost incurred plus 20% shall be paid by the applicant within 10 days after demand.
M. 
Access to private driveways shall be provided except during working hours when construction operations prohibit provisions of such access. Free access must be provided at all times to fire hydrants.
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 such person comply with all other provisions of this article. 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 Council President or Code Enforcement Officer, after such notice as he shall deem necessary under the circumstances of the particular case, shall proceed to cause to be done the work necessary and required by such emergency and charge the same on the basis of cost plus 20% to such owner or person, who shall pay such cost plus 20% within 10 days after demand.
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 such specifications, regulations and conditions as the Borough may prescribe.
The Borough Council President or Code Enforcement Officer 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 Council President or Code Enforcement Officer. New paving shall not be opened or excavated for a period of five years after the completion thereof, except in case of emergency and with the necessity for the opening or excavating of such paving to be determined by the Borough Council President or Code Enforcement Officer. If it is sought to excavate upon or open a sewer within five years after the completion of the paving, applicant shall make written application to the Borough Council President or Code Enforcement Officer, and a permit for such opening shall be issued only after express approval of the Borough Council.
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 Secretary and such plan, and the exact location of such main or line, approved by the Borough Council. The Borough Council President or Code Enforcement Officer 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.
Payment for all work done by the Borough under the provisions of this article shall be made by the person made liable for such work by the terms of this article. The Borough shall send a bill for any such work to the person liable to pay for such work by certified mail to the last known mailing address of such person. The person liable for payment of such bill shall make payment to the Borough within 10 days of that person's receipt of the bill. In the event that person fails to make full payment of the bill within 10 days, the Borough may proceed to collect the amount due in the manner provided by the terms of this article or other applicable law.
Any person who shall violate any of the provisions of this article shall, upon conviction in a summary proceeding under the Pennsylvania Rules of Criminal Procedure, 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.
The provisions of this article shall not apply to laying sidewalks or curbs.