[Adopted 6-11-1974 by Ord. No. 2954]
A. 
The following words, as used in this article, shall have the meanings hereby respectively ascribed thereto:
PERSON
Includes any natural person, partnership, association, municipal authority, firm or corporation.
STREET
Any street, alley or highway in the City of Bradford, including the roadway, gutter and curb and sidewalk area adjacent thereto, provided that "street" shall not include any state highway or adjacent gutter, curb and/or sidewalk area, and nothing in this article shall apply to excavations or openings in state highways.
B. 
In this article, the singular shall include the plural, the plural shall include the singular, and the masculine shall include the feminine and the neuter.
It shall be unlawful for any person to make any excavation or opening in any street in the City of Bradford except in compliance with all the provisions of this article.
[Amended 9-22-2015 by Ord. No. 2954.2]
Any person or entity who shall desire to make any excavation or opening in any street shall first obtain a permit from the Department of Public Works. No such permit shall be issued until application shall have been filed with the Department of Public Works. Such application shall state the name of the street in which such opening or excavation is proposed to be made; the purpose for which such opening or excavation is to be made; the total length, width and depth of such excavation; the portion that will be opened or excavated at any one time; and the length of time that such excavation or opening will remain open. Such application shall also contain an agreement that if the permit is granted, the holder of such permit will comply with all ordinances of the City regulating the manner of making and refilling openings and excavations in the streets and the resurfacing of the area opened or excavated thereafter and that the permit holder will pay the cost of refilling such opening or excavation and restoring the same to its former condition, as certified by the Director of Public Works.
No permit shall be issued until the applicant therefor shall have given a bond in the amount of $1,000, with surety approved by the City Solicitor, conditioned that the permit holder will comply with all ordinances of the City regulating the making, guarding and refilling of openings and excavations and the restoration of the street surface or the reimbursement of the City for the work of refilling and resurfacing. Any person desiring to give one bond that will cover all permits granted to him in one year may give a continuing bond as above provided, in an amount fixed by the City Solicitor, but in no case less than $5,000.
Such application shall also contain a statement by the applicant therefor that such applicant shall save the City harmless from all loss or damage by reason of such excavation or opening or the failure of such permit holder to properly guard or protect such excavation or opening.
[Amended 7-28-2015 by Ord. No. 2954.1]
A. 
Upon filing such application and bond, properly signed and executed, and paying a permit fee as set forth below, which shall be for the use of the City, such applicant shall be granted such permit, which shall be valid for the length of time stated thereon. Such applicant shall be required to complete all work authorized and required under such permit, including refilling, restoration and resurfacing, where such permit holder shall be made responsible therefore, prior to the expiration of such permit.
B. 
Permits are not transferable from one person to another and the work shall not be made in any place other than the location specifically designated in the permit.
[Amended 12-27-2022 by Ord. No. 2954.2; 5-14-2024 by Ord. No. 3162.9]
(1) 
Street/sidewalk use and occupancy permit: fee as set from time to time by resolution of the City Council; good for a thirty-day period.
(a) 
Additional inspection fee: amount per hour as set from time to time by resolution of the City Council.
(b) 
One-time extension fee: amount per hour as set from time to time by resolution of the City Council.
(c) 
To be used for roll-off containers, scaffolding, painting a building, equipment, etc., placed in the City streets and/or sidewalks.
(2) 
Street opening/excavation permit: $118 fee for any opening in the street to a maximum of 225 square feet. If the opening is greater than 225 square feet, an additional charge of $0.30 per square feet will be applied; good for 14 days.
[Amended 2-27-2024 by Ord. No. 2954.3]
(a) 
Additional inspection fee: $55 per hour.
(b) 
One-time extension fee: $55 per hour.
(c) 
To be used for repair/replacing utility services, repair/replace/maintain curb cutting, etc. This permit type requires a $1,000 surety bond and a hold harmless clause approved by the City Solicitor.
(3) 
Sidewalk/curb cut/driveway construction or repair permit: fee as set from time to time by resolution of the City Council; good for a thirty-day period.
(a) 
Additional inspection fee: amount per hour as set from time to time by resolution of the City Council.
(b) 
One-time extension fee: amount per hour as set from time to time by resolution of the City Council.
(c) 
To be used for sidewalk and/or driveway construction, installation, maintenance and repair, as well as any person seeking to cut or remove any part of a curb.
Any person holding a permit under this article shall at all times keep the opening or excavation properly barricaded and guarded and shall install and maintain warning lights or flares at all times between sunset and sunrise.
[Amended 9-22-2015 by Ord. No. 2954.2]
As soon as a permit holder shall have completed the work necessitating the excavation or opening for which such permit was obtained, such permit holder shall notify the Department of Public Works of such fact. Thereupon, the Department of Public Works shall inspect the work to ensure that it was done in conformity with the requirements of the article and the permit. In the event that a permit holder does not fulfill his, her or its obligations under the permit and/or this article, the Director of the Department of Public Works shall cause properly certified copies of the statement of the costs and expenses thereof to be certified to the City Treasurer for collection. The City Treasurer, on receipt of such statement, shall at once notify the permit holder indebted to the City for such amount of the amount due, and if such permit holder shall not have paid such amount to the City Treasurer within 30 days from the date of such notice, the City Treasurer shall certify the same to the City Solicitor for collection. Additionally, said permit holder shall not be permitted to apply for additional permits until all costs are paid.
In case of an emergency resulting from a 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 opening or excavation to remedy such condition before securing a permit under this article, provided that application for such 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.
[Amended 7-28-2015 by Ord. No. 2954.1; 12-27-2022 by Ord. No. 2954.2; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Any person who shall violate any provision of this article commits a summary offense and, upon conviction, shall be sentenced to pay a fine of not more than $1,000 or to imprisonment for not more than 90 days, or both. Each day that a violation of this article continues after notice, in writing, shall have been served by the Director shall constitute a separate offense.