[Ord. 467, 5/18/1970; as amended by Ord. 675, 11/17/1986]
The following words, when used in this Part, 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 Part, the term OPENING shall have essentially the
same meaning as excavation.
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.
Any natural person, partnership, firm, association, corporation
or municipal authority.
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In this Part, the singular shall include the plural and the
masculine shall include the feminine and the neuter.
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[Ord. 467, 5/18/1970; as amended by Ord. 675, 11/17/1986]
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.
[Ord. 467, 5/18/1970; as amended by Ord. 675, 11/17/1986]
Any person who shall desire to make any opening or excavation
in any of the streets in the Borough shall make application to the
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.
[Ord. 467, 5/18/1970; as amended by Ord. 675, 11/17/1986]
Before any permit shall be issued to open or excavate any street
in the Borough the applicant shall pay a permit fee in such minimum
amount as fixed 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 at such rate as may be fixed by Council for each
100 feet or fraction thereof to be opened or excavated upon such street.
[Ord. 467, 5/18/1970; as amended by Ord. 675, 11/17/1986]
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.
[Ord. 467, 5/18/1970; as amended by Ord. 675, 11/17/1986]
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 to be completed.
[Ord. 467, 5/18/1970; as amended by Ord. 675, 11/17/1986]
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.
[Ord. 467, 5/18/1970; as amended by Ord. 675, 11/17/1986]
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
et seq., 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.
[Ord. 467, 5/18/1970; as amended by Ord. 675, 11/17/1986]
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.
[Ord. 467, 5/18/1970; as amended by Ord. 675, 11/17/1986]
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 Part and to the supervision and approval of the Public Works
Inspector, provided that the Public Works Inspector 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.
[Ord. 467, 5/18/1970; as amended by Ord. 675, 11/17/1986]
1.
No opening or excavation in any street shall extend from the curb
line 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.
2.
No more than 500 feet longitudinally shall be opened in any street
at any one time.
3.
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.
4.
No tunneling shall be allowed without the express approval of the
Public Works Inspector and permission therefor endorsed upon the permit.
The backfilling of a tunnel excavation shall be made only in the presence
of the Mayor or an inspector designated by him, and shall be done
only in a method approved by him.
5.
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.
6.
A temporary paving of coldpatch premix, thoroughly bound and compacted,
shall be installed flush with the surface of the adjoining paving
and maintained for a period of 90 days.
7.
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.
8.
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.
9.
The applicant shall notify the Public Works Inspector 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.
10.
In the event that any work performed by or for a permit holder shall,
in the opinion of the Public Works Inspector 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
Public Works Inspector, 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.
11.
If a street cut exceeds 10 linear feet in length, the entire area
shall be milled and overlayed for a width of 1/2 the street/alley
width, unless the repair crosses the center line of the street/alley,
then the mill and overlay shall be for the full width of the street/alley.
[Added by Ord. No. 1225, 4/4/2022]
12.
If two street cuts are made less than 100 feet apart, the entire
area between the two cuts and including the two cuts shall be milled
and overlayed for a width of 1/2 the street/alley width, unless the
repair crosses the center line of the street/alley, then the mill
and overlay shall be for the full width of the street/alley.
[Added by Ord. No. 1225, 4/4/2022]
13.
If more than four cuts are made within a 500-foot span in the street/alley,
the section must be milled and overlayed for 1/2 the width of the
street/alley, unless the repair crosses the center line of the street/alley,
then the mill and overlay shall be for the full width of the street/alley
for the entire length of work.
[Added by Ord. No. 1225, 4/4/2022]
14.
Milling and overlay may also be required wherever designated by the
Borough Manager or Director of Public Works.
[Added by Ord. No. 1225, 4/4/2022]
15.
The time from milling to final paving shall not exceed 24 hours.
The milled section of street/alley shall be closed to traffic until
final restoration is complete. Permittee is responsible for traffic
control during the street closure.
[Added by Ord. No. 1225, 4/4/2022]
16.
Permittee is responsible for the final restoration of the street
for one year from the date of final restoration.
[Added by Ord. No. 1225, 4/4/2022]
17.
Permittee shall inspect all temporary patches on a weekly basis and
make necessary repairs until final repair is made.
[Added by Ord. No. 1225, 4/4/2022]
18.
Permittee shall inspect final patches and restorations every three
months for a period of one year from the date of the final restoration
to ensure the original street/alley grades and cross sections are
maintained.
[Added by Ord. No. 1225, 4/4/2022]
19.
Permittee agrees to save the Borough, its officers, employees and
agents from any and all costs, damages and liabilities which may accrue
or be claimed to accrue by reason of such work to be done in such
application. The acceptance of any permit under this Part will constitute
such an agreement by the applicant whether the same is expressed or
not.
[Added by Ord. No. 1225, 4/4/2022]
[Ord. 467, 5/18/1970; as amended by Ord. 675, 11/17/1986]
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 Part 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.
[Ord. 467, 5/18/1970; as amended by Ord. 675, 11/17/1986]
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.
[Ord. 467, 5/18/1970; as amended by Ord. 604, 10/15/1979;
and as amended by Ord. 675, 11/17/1986]
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 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 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.
[Ord. 467, 5/18/1970; as amended by Ord. 675, 11/17/1986]
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
this permit which interfere with the improvement of the roadway at
its own cost and expense.
[Ord. 467, 5/18/1970; as amended by Ord. 675, 11/17/1986]
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.
[Ord. 467, 5/18/1970; as amended by Ord. 675, 11/17/1986]
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.
[Ord. 467, 5/18/1970; as amended by Ord. 675, 11/17/1986]
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.
[Ord. 467, 5/18/1970; as amended by Ord. 604, 10/15/1979;
and as amended by Ord. 675, 11/17/1986]
Any person, firm or corporation who shall violate any provision
of this Part 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 Part continues
shall constitute a separate offense.
[Ord. 467, 5/18/1970; as amended by Ord. 675, 11/17/1986]
The provisions of this Part shall not apply to laying sidewalks
or curbs.
