[Ord. 782, 12/15/1999]
1.
ALLEY (PUBLIC)
APPLICANT
BOROUGH
BOROUGH MANAGER
CALENDAR YEAR
CONCRETE
COST
DEGRADATION FEE
DEPARTMENT
EMERGENCY
FLOWABLE BACKFILL
INSPECTION FEE
MUNICIPAL AUTHORITY
PERMIT FEE
PERMITTEE
PERSON
PUBLIC UTILITY COMPANY
RESURFACE
ROADWAY EXCAVATION (STREET OPENINGS)
SIDEWALK AREA
STREET
VENT HOLE
WORKDAY
The following words, when used in this Part 1A, shall have the meanings
ascribed to them in this section, except in those instances where
the context clearly indicates otherwise:
A minor right-of-way providing secondary access to the side
or rear of one or more properties but which shall have a maximum right-of-way
width of 24 feet.
Any person who makes application for a permit.
The Borough of Stroudsburg, County of Monroe, Commonwealth
of Pennsylvania.
The person in charge of Borough affairs, including the Street
Department or the street operations in the Borough, or his authorized
deputy, representative or inspector.
January 1 through December 31, inclusive.
Includes soil cement, plant cement concrete or reinforced
cement concrete; material contained in the base course of some Borough
streets.
Actual expenditures incurred by the Borough for labor, equipment
and materials. These expenditures include all fringe benefits and
overhead.
A fee paid by the permittee to the Borough to defray a percentage
of the costs for maintaining, resurfacing and reconstruction of Borough
streets resulting from the depreciation of streets associated with
street openings.
[Amended by Ord. 1002, 5/5/2015]
The Street Department of the Borough of Stroudsburg.
Any unforeseen circumstance or occurrence, the existence
of which constitutes a clear and immediate danger to persons or properties.
A type of backfill material composed of materials approved
by the Pennsylvania Department of Transportation and the Borough of
Stroudsburg.
A fee paid by the permittee to the Borough to defray street
opening inspection costs.
Any body corporate and politic created pursuant to the laws
of the Commonwealth of Pennsylvania.
A fee paid by the permittee to the Borough to cover the costs
of issuing, processing and filing the street opening permit.
Any person who has been issued a permit and has agreed to
fulfill all the terms of this Part 1A.
Any natural person, partnership, firm, association, utility,
corporation or authority created pursuant to an act of the Pennsylvania
General Assembly. Whenever used in any section prescribing and imposing
a penalty, the term "person," as applied to associations, shall mean
the partners or members thereof, and as applied to corporations, the
officers thereof.
Any company subject to the jurisdiction and control by the
Pennsylvania Public Utility Commission.
A process which provides a new wearing surface in a certain
paved street area between curbs with the same material that was existing
prior to excavation or approved by the Borough of Stroudsburg or its
designee.
Any ditch, trench excavation, tunnel, saw cut, test or vent
hole, or opening in or under the surface of any street.
That portion of the street right-of-way reserved for sidewalks.
An entire right-of-way of a public street, public easement,
public right-of-way, public highway, public alley, public way or public
road accepted or maintained by the Borough or in which the Borough
maintains utility lines within the Borough limits.
An exploratory opening to vent vapors, gas or liquids to
the surface, including jackhammer or drill holes, four inches in diameter
or less.
A normal business day for the Borough government, i.e., Monday
through Friday, except designated holidays.
2.
In this Part 1A, the singular shall include the plural, and the masculine
shall include the feminine and the neuter.
[Ord. 782, 12/15/1999]
1.
Permit Required.
A.
It shall be unlawful for any person to make any tunnel, opening or
excavation of any kind in or under the surface of any street without
first securing a permit from the Borough for each separate undertaking.
B.
Any person maintaining pipes, lines or other underground facilities
in or under the surface of any street may proceed with an opening
without a permit when emergency circumstances demand the work to be
done immediately, provided that the permit could not reasonably and
practically have been obtained beforehand. The person shall thereafter
apply for a permit on the first regular business day on which the
office of the Borough Manager is open for business, and said permit
shall be retroactive to the date when the work was begun. In all cases
where emergency openings are necessary, the Borough Street Department
shall be notified prior to such opening by contacting the Monroe County
Control Center, who shall send the appropriate message to the supervisor.
2.
Street Openings Limited. No person to whom a permit has been granted
shall perform any of the work authorized by such permit in any amount
greater than that specified in the permit, except that, upon approval
by the Borough Manager, additional work may be done under the provisions
of the permit in such an amount as the Borough Manager shall deem
appropriate and necessary to complete the work. Any deposit and bond
posted in connection with the permit shall be deemed to cover any
such additional work as may be approved pursuant to this section within
the limit mentioned herein.
3.
Commencement of Work. Work for which a permit has been issued shall
commence within 10 days after the issuance of the permit therefor.
If not so commenced, the permit shall be automatically terminated
unless the permittee applies, in writing, to the Borough Manager for
an extension of time within which to commence work. If such an extension
is granted, the original permit shall remain in force for the period
of time specified in the extension. Permits which terminate within
10 days after issuance or within any extension of time granted by
the Borough Manager may be renewed only upon the payment of an additional
permit fee as originally required.
4.
Permits Nontransferable. 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.
5.
Expiration of Permits. Every permit shall expire at the time stated
in the permit. If the permittee should not complete the work within
the specified time, he shall, prior to expiration of the permit, present,
in writing, to the Borough Manager a request for an extension of time,
setting forth therein the reasons for the requested extension. If,
in the opinion of the Borough Manager, such an extension is necessary
and not contrary to the public interest, the permittee may be granted
additional time for the completion of the work.
6.
Municipal Utility Cuts. All street openings required by utilities
owned and/or operated by the Borough shall be made and restored under
the direction and supervision of the Borough Manager. The permit,
fee, deposit, insurance and bond requirements of this Part 1A shall
not be applicable to any openings made by such municipally owned and/or
operated utilities. This shall not include independent operating authorities.
Any designated fee shall be paid to a special fund from the appropriate
Borough fund.
7.
Rights of Borough. Every permit shall be granted subject to the right
of the Borough or of any other person to lawfully use the street for
any purpose, not inconsistent with the permit.
8.
Denial of Permit. No permit shall be granted to any applicant unless
the applicant has paid to the Borough any and all monies due to the
Borough for prior excavations made or for any loss, damage or expense
in any manner occasioned by or arising from the work done by the applicant
or his designee under the provisions of this subpart.
9.
Revocation of Permits.
A.
Any permit may be revoked by the Borough Manager after notice to
the permittee for:
B.
A permittee shall be granted a period of three days from the date
of the notice to correct the violation and to proceed with the diligent
pursuit of the work authorized by the permit before said permit is
revoked.
C.
Written notice of any such violation or condition shall be served
upon the permittee or his agent engaged in the work. The notice shall
contain a brief statement of the reasons for revoking the permit.
Notice may be given either by personal delivery thereof to the person
to be notified or by certified or registered United States mail addressed
to the person to be notified at his last known address.
D.
When any permit has been revoked and the work authorized by the permit
has not been completed, the Borough Manager shall do such work as
may be necessary to restore the street or part thereof to as good
a condition as before the opening was made. All expenses hereby incurred
by the Borough shall be recovered from the deposit or bond the permittee
has made or filed with the Borough. Should the deposit or bond be
insufficient to cover the Borough's expenses, the permittee shall
reimburse the Borough for expenses exceeding the deposit or bond.
Additional permits to the permittee shall be denied until all expenses
incurred by the Borough are reimbursed.
10.
Emergency Openings. Any emergency street openings shall be substantiated
in writing on the next business day when an emergency street opening
is requested. An emergency permit fee is required. The emergency permit
fee shall be set from time to time by resolution of the Stroudsburg
Borough Council.
[Amended by Ord. 1002, 5/5/2015]
[Ord. 782, 12/15/1999]
1.
Duties and Responsibilities of Applicants. It shall be the duty and
the responsibility of any applicant to:
A.
Make written application for such permit with the Borough Manager
on such form as he shall prescribe. No work shall commence until the
Borough Manager has approved the application and plan and issued a
permit and until the permittee has paid and provided all fees, deposits,
certificates and bonds required by this Part 1A.
B.
Furnish a plan showing the work to be performed under this permit.
A copy of such plan shall be returned to the applicant at the time
the permit is granted. The said plans hereinbefore referred to shall
include the location of the proposed work and also the location of
other underground utilities in the said street or streets.
C.
All street openings require PA One Call notification prior to application
for a permit. A PA One Call serial number is required on the permit
application.
D.
All permits will at all times be in the possession of a competent
person actually on the work site and will be shown at all times to
any police officer or properly authorized officer or employee of the
Street Department upon demand.
E.
Agree to save the Borough, its officers, employees and agents harmless
from any and all costs, damages and liabilities which may accrue or
be claimed to accrue by reason of any work performed under said permit.
The acceptance of any permit under this Part 1A shall constitute such
an agreement by the applicant whether the same is expressed or not.
2.
Duties and Responsibilities of Permittees. It shall be the duty and
responsibility of any person receiving a permit to:
A.
Pay a permit fee as set by current Borough of Stroudsburg resolution.
B.
Make a deposit in an amount set by current Borough of Stroudsburg
resolution to cover the cost of restoring the street damaged by such
work.
[Amended by Ord. 1002, 5/5/2015]
E.
Keep the original copy of the permit, a copy of the PA One Call notification
or PA One Call serial number, and an approved copy of the plan at
all times while such work is in progress at the location for which
said permit was granted and show such permit and/or plan upon demand
by the Borough Manager, police authorities or their designee.
[Ord. 782, 12/15/1999]
1.
Opening and Excavation Restrictions.
A.
No opening or excavation in any street shall extend beyond the center
line of the street before being backfilled and the surface of the
street temporarily restored.
B.
No more than 150 feet, measured longitudinally, shall be opened in
any street at any one time, except by special permission of the Borough
Manager.
C.
Excavation will be by open cut from the surface, and no tunneling
or drifting will be permitted except by permission and so noted on
the permit. The amount of trench opened and also the amount unfilled
will at all times be subject to the decision of the department. No
trench or excavation will be under-cut or have a greater width at
the bottom than at the top. In case of slips or slides of the excavation,
the same will be trimmed to solid earth and the top surface cut back
to the limit of the same before any backfilling is commenced. When
necessary or required by the Occupational Safety and Health Association
(OSHA), Subpart P, Excavations, Trenching and Storing, 1926.650, 1926.651,
1926.652, 1926.653, the sides of a trench will be sheathed and braced
and rendered secure until the construction has been laid therein and
the trench refilled. Care will be taken not to move or disturb other
subsurface structures, and in crossing these or running parallel with
or near them, they will be securely hung, braced and supported in
place until the work is completed. The applicant will maintain their
respective services and will repair all damage done to any of the
said structures in a manner consistent with sound engineering and
construction principles. In rock excavation, all drilling and blasting
will be conducted with the greatest possible care and all possible
precautions taken to guard against accidents. The permittee will at
all times exercise the utmost care in the use of explosives so as
not to endanger life or property and will at all times comply with
Title 25, Rules and Regulations for the Storage, Handling, and Use
of Explosives, as set forth by the Pennsylvania Department of Environmental
Protection. Blasting delays less than one-half second will not be
permitted in the Borough except when waived by the Engineer. The permittee
will be required to obtain blasting permits from the Zoning and Code
Enforcement Officer.
D.
All utility facilities shall be located sufficiently ahead of trench
excavation work to avoid damage to those facilities and to permit
their relocation if necessary.
E.
Pipe drains, pipe culverts or other facilities encountered shall
be protected by the permittee.
F.
Any person whose facilities are damaged or caused to be relocated
by the permittee may make the necessary repairs or relocation and
file a claim against the permittee with the Borough for the cost of
such repairs or relocation. Public utility companies concerned shall
be notified by the Borough in sufficient time to determine the validity
of the damage or relocation claims. The cost of such repair or relocation
work may be held by the Borough Manager from the deposit pending determination
of liability for the damage.
G.
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
benchmark within the Borough shall not be removed or disturbed or
caused to be removed or disturbed. The permittee shall pay all expenses
incident to the proper replacement of the monument.
H.
When work is performed by the permittee that interferes with the
established drainage system of any street, provision shall be made
by the permittee to provide proper drainage to the satisfaction of
the Borough Manager and at the permittee's expense.
I.
When any earth, gravel or other excavated material is caused to roll,
flow or wash upon any street, the permittee shall cause the same to
be removed from the street at the conclusion of the current workday.
In the event the earth, gravel or other excavated material so deposited
is not removed, the Borough Manager shall cause such removal, and
the cost incurred shall be paid by the permittee or deducted from
his deposit.
J.
Work zone traffic control violations shall result in the imposition
of the following penalties:
(1)
Upon receipt of oral or written notice of violation from the
authorized representative of the Borough or a police officer whose
jurisdiction includes the permitted work area, the permittee shall
cease to perform any further work in the permitted area except to
restore the area to a safe condition. No further work may commence
in the permitted area until the violations have been remedied. Where
the permittee has received oral notice of the violation, written notice
shall be sent to the permittee within 10 days of receipt of the oral
notice.
(2)
Confiscation of the applicant's permit by any police officer
or authorized representative of the Borough.
(3)
Revocation of the applicant's permit by the Borough.
(4)
Removal of facilities installed without a permit or in violation
of the provisions of this section.
(5)
Fines, imprisonment or other penalties as are provided by statute.
K.
The Borough may revoke a permit whenever it determines that the permitted
excavation is not being maintained, is in violation of a condition
of the permit or this section, constitutes a hazard to traffic, or
interferes with the proper use of the street by the Borough or the
public.
L.
Every permittee shall place around the project such barriers, barricades,
lights, warning flags and danger signs as shall be determined by the
Borough Manager to be necessary for the protection of the public.
Barricading shall be in compliance with the regulations as set forth
in the Commonwealth of Pennsylvania, Department of Transportation,
Publication 213, and any future revisions thereto. Copies of this
publication shall be made available in the office of the Borough Manager
for inspection by the public. Whenever any person fails to provide
or maintain the safety devices required by the Borough Manager, such
devices shall be installed and maintained by the Borough. The amount
of the cost incurred shall be paid by the permittee or deducted from
his deposit. No person shall willfully move, remove, injure, destroy
or extinguish any barrier, warning light, sign or notice erected,
placed or posted in accordance with the provisions of this Part 1A.
[Amended by Ord. 1002, 5/5/2015]
M.
Access to private driveways shall be provided except during working
hours when construction operations prohibit provision of such access.
Free access must be provided at all times to fire hydrants.
N.
Excavated materials shall be laid compactly along the side of the
trench and kept trimmed up so as to cause as little inconvenience
as possible to public travel. In order to expedite the flow of traffic
or to abate a dust nuisance, the Borough Manager may require the permittee
to provide toe boards or bins; and if the excavated area is muddy
and causes inconveniences to pedestrians, temporary wooden plank walks
shall be installed by the permittee as directed by the Borough Manager.
If the street is not wide enough to hold the excavated material without
using part of the adjacent sidewalk, the permittee shall keep a passageway
at least one-half the sidewalk width open along such a sidewalk line.
O.
Work authorized by a permit shall be performed between the hours
of 7:00 a.m. and 7:00 p.m., Monday through Saturday, unless the permittee
obtains written consent from the Borough Manager to do the work at
an earlier or later hour. Such permission shall be granted only in
case of an emergency or in the event the work authorized by the permit
is to be performed in traffic-congested areas.
P.
In granting any permit, the Borough Manager may attach such other
conditions thereto as may be reasonably necessary to prevent damage
to public or private property or to prevent the operation from being
conducted in a manner hazardous to life or property or in a manner
likely to create a nuisance. Such conditions may include but shall
not be limited to:
(1)
Limitations on the period of the year in which the work may
be performed.
(2)
Restrictions as to the size and type of equipment.
(3)
Designation of routes upon which materials may be transported.
(4)
The place and manner of disposal of excavated materials.
(5)
Requirements as to the laying of dust, the cleaning of streets,
the prevention of noise and other results offensive or injurious to
the neighborhood, the general public or any portion thereof.
(6)
Regulations as to the use of streets in course of the work.
2.
Backfilling and Restoring Opening.
[Amended by Ord. 1002, 5/5/2015]
A.
All pavement cuts, openings and excavations shall be properly made,
back-filled and temporarily surfaced by the permittee under the supervision
and with the approval of the Borough Manager.
B.
The Borough Manager must be notified by the permittee during the
forty-eight-hour period preceding beginning of backfilling of the
date and approximate time at which backfilling will begin.
C.
The work of final restoration, including both paving
surface and paving base, shall be performed by the permittee under
Borough inspection and according to Borough specifications. The Borough
shall be given 24 hours' notice prior to final restoration.
D.
All excavations will be commenced and completed by
the use of a reasonable work force working around the clock, or in
the alternative, all excavated material will be removed and at the
cessation of work suitable steel plates will be placed over the excavation
or trenches will be backfilled for protection and to allow traffic
to resume. No excavation shall be left open and unattended.
E.
The Borough Manager shall make such inspections as
he may deem necessary of all work authorized by a permit. The Borough
Manager is empowered to provide a full-time inspector if necessary
to ensure compliance with the provisions of this Part.
F.
All backfilling, temporary patch and final restoration
shall be performed under current specifications as currently approved
by the Borough of Stroudsburg Council resolution. The Street Department
shall establish the standards for paving, backfilling and associated
work, which can be obtained prior to excavation work from that department.
G.
All inspection costs shall be borne by the permittee.
Such costs shall be based on a schedule of charges on file in the
office of the Borough Manager.
H.
The permittee shall notify the Borough Manager, in writing, upon completion of all work accomplished under the provisions of the permit. A certificate of final inspection shall be issued by the Borough Manager to each permittee no sooner than one year (with the exception of § 21-106, Subsection 1A) after the permanent restoration of the excavation has been made, provided that the work authorized by the permit has been performed according to Borough specifications. Prior to the issuance of a certificate, the Borough Manager shall make final inspection of the restoration to determine whether Borough specifications have been adhered to.
I.
If any settlement in a restored area occurs within
the period stated in the restoration/degradation option chosen, any
expenses incurred by the Borough in correcting such settlement shall
be paid by the permittee or recovered from his bond, unless the permittee
submits proof satisfactory to the Borough Manager that the settlement
was not due to defective backfilling.
J.
In no case shall any opening made by a permittee be
considered in the charge or care of the Borough or any of its officers
or employees, and no officer or employee is authorized in any way
to take or assume any jurisdiction over any such opening, except in
the exercise of the police power, when it is necessary to protect
life and property.
K.
When 50% or more of one travel lane is disturbed,
full lane width restoration shall be required.
L.
When two travel lanes are disturbed, if 25% of both
lanes are affected, both lanes shall have full width restoration.
M.
When two or more openings have been made within 100
linear feet of pavement, the permittee shall overlay traffic lanes
in which the openings were made, for the entire length of the roadway
between the openings, in a manner authorized by the Borough.
N.
When four or more emergency openings have been made
by the same permittee within 100 linear feet of pavement, the permittee
shall overlay traffic lanes in which the openings were made, for the
entire length of the roadway between the openings, in a manner authorized
by the Borough.
3.
Test Holes and Vent Holes. A street opening permit shall be obtained
for any test hole or vent hole. No test hole or vent hole shall be
made in or upon a greater surface of the highway than as specified
in such permit, and no excavation, test hole or vent hole shall interfere
with any water line, sewer, drain or any other underground utility
service. All test or vent holes shall be backfilled with temporary
patch and final restoration as per technical specifications sheet
passed by current resolution.
[Ord. 782, 12/15/1999]
1.
Permit Fees. The permit fee, in an amount set by Council resolution,
shall include the administrative fee for issuance of the permit, up
to four hours of inspection of the backfilling process, one inspection
of the temporary patch and one inspection of the final restoration.
Hours spent on inspection or maintenance of the patch beyond these
specified amounts shall be deducted from the deposit.
2.
Computation of Deposit. The Borough Manager, upon receipt of a properly completed application, shall determine the amount of the deposit to be made by the permittee in accordance with a schedule of charges provided by § 21-105, Subsection 5; provided, however, that the minimum amount of the deposit shall be $50. The deposit shall be paid at the time the permit is received, and the deposit shall be used to reimburse the Borough for the cost of any work and/or materials furnished by it in connection with the work authorized by the permit, to cover all necessary inspections of said work, and for any other purpose set forth in this Part 1A.
3.
Form of Deposit. The deposit may be either in the form of a check
or in lawful money of the United States.
4.
Insufficient Deposit. If any deposit is less than sufficient to pay
all costs, the permittee shall, upon demand, pay to the Borough an
amount equal to the deficiency. If the permittee fails or refuses
to pay such deficiency, the Borough may institute an action to recover
the same in any court of competent jurisdiction. Until such deficiency
is paid in full, no additional permits shall be issued to such permittee.
5.
Deposit and Cost Schedule. The Borough Manager shall establish and
maintain a schedule of charges for inspections, labor, materials and
such other expenses as may be incurred by the Borough in meeting the
requirements of this Part 1A. In developing the schedule, the Borough
Manager shall be guided by the prevailing costs in the area of labor,
materials and equipment. The Borough Manager shall revise the schedule
of charges periodically to reflect any increase or decrease in costs
used to establish such charges. The schedule of charges shall be opened
to a public inspection in the office of the Borough Manager upon demand.
6.
Decision on Costs. The Borough Manager shall determine the cost of
any work done or repairs made by him or under his direction, pursuant
to the provisions of this Part 1A.
7.
Refund of Deposit. Upon notification by the permittee that all work
authorized by the permit has been completed and after restoration
of the opening, the Borough Manager shall refund to the permittee
his deposit less all costs incurred by the Borough in connection with
said permit. In no event shall the permit fee be refunded.
8.
In the event a permittee disputes any amount charged by the Borough
Manager in the course of his permit, the Borough's governing body
shall decide the amount due the Borough.
[Ord. 782, 12/15/1999]
1.
Maintenance Bond Requirements. Each applicant, upon the receipt of
a permit, shall provide the Borough with an indemnity bond saving
the Borough harmless of and from any and all losses, damages, and
liability arising out of injury and a surety bond conditioned for
compliance with the street opening specifications of the Borough and
the provisions of this Part 1A. The Borough Manager shall determine
the amount of the bond, and it shall be in relation to the cost of
restoring the pavement cut to be made by the permittee; provided,
however, that the minimum amount of the bond shall be $1,000. The
term of each such bond shall begin from the completion date of the
permanent restoration of the opening by the Borough and shall terminate
upon the receipt by the permittee of a certificate of final inspection
from the Borough Manager. The amount of such bond shall be in relation
to the cost of restoring pavement cuts to be made by the permittee
throughout the year. In the event that the Borough does not restore
the street opening, each applicant, upon the receipt of a permit,
shall provide the Borough with an acceptable surety bond to guarantee
faithful performance of the work authorized by a permit granted pursuant
to this Part 1A. The amount of the bond shall be 100% of the estimated
cost of restoring the street opening. The term of the bond shall begin
upon the date of posting thereof and shall terminate upon the receipt
by the permittee of a certificate of final inspection from the Borough
Manager.
[Amended by Ord. 1002, 5/5/2015]
A.
All independent operating municipal authorities and public utility companies operating in the Borough that own and maintain underground facilities may post a yearly bond in the amount of not less than $25,000 (as determined by the Borough Manager or Council) in order to secure all street opening permits taken out in its name for the required restoration period. Such utilities shall notify the Borough Manager that permanent restoration has been performed according to specifications and is ready for inspection per § 21-104, Subsection 2, Backfilling and Restoring Opening, Subsections 2I and J. However, due to the placement of the maintenance bond, the Manager or designated Borough Inspector shall make the inspection and return all deposits within 30 days to said municipal authority or public utility company, provided that said restoration is acceptable to the Borough. The bond shall guarantee the continued maintenance and responsibility of these excavation permits for the required period.
2.
Default in Performance. Whenever the Borough Manager shall find that
a default has occurred in the performance of any term or condition
of the permit, written notice thereof shall be given to the principal
and to the surety on the bond. Such notice shall state the work to
be done, the estimated cost thereof and the period of time demand
by the Borough Manager to be reasonably necessary for the completion
of the work.
3.
Completion of Work. After receipt of such notice, the surety must,
within the time therein specified, either cause the required work
to be performed or, failing therein, indemnify the Borough for the
cost of doing the work as set forth in the notice.
[Ord. 782, 12/15/1999]
1.
Liability Insurance Requirements. Each applicant, upon the receipt
of a permit, shall provide the Borough with an acceptable certificate
of insurance indicating that he is insured against claims for damages
for personal injury as well as against claims for property damage
which may arise from or out of the performance of the work, whether
such performance be by himself, his contractor, or anyone directly
or indirectly employed by him. Such insurance shall cover collapse,
explosive hazards, and underground work by equipment on the street
and shall include protection against liability arising from completed
operations. The amount of the insurance shall be prescribed by the
Borough Manager, in accordance with the nature of the risk involved;
provided, however, that the liability insurance for bodily injury
in effect shall not be less than $10,000 for each person and $20,000
for each accident, and for property damages not less than $5,000,
with an aggregate of $20,000 for all accidents. In the event that
the excavation exceeds 120 square feet in area, the liability insurance
for bodily injury in effect shall not be less than $100,000 for each
person and $300,000 for each accident, and for property damages not
less than $50,000, with an aggregate of $100,000 for all accidents.
2.
Workers' Compensation Insurance Requirements. The permittee shall
provide proof of workers' compensation coverage for all employees
at the site of the excavation. The permittee is responsible for obtaining
proof of coverage from contractors or subcontractors and providing
proof to the Borough. Coverage must be in accordance with state requirements.
[Ord. 782, 12/15/1999]
1.
Notice of Improvements. When the Borough shall improve or pave any
street, the Borough Secretary shall give notice to all persons owning
property abutting on the street about to be paved or improved and
to all public utilities and municipal authorities operating in the
Borough, and all such persons, public utilities and municipal authorities
shall make all connections as well as any repairs thereto which would
necessitate excavation of the street, within 120 days from the giving
of such notice. The time shall be extended if permission is requested
in writing and approved by the Borough Secretary after consultation
with the Borough Manager and Engineer.
2.
Restrictions upon Opening New Streets. No permit shall be issued
by the Borough Manager which would allow an excavation or opening
in a paved and improved street surface less than five years old unless
the applicant can clearly demonstrate that public health or safety
require that the proposed work be permitted or unless an emergency
condition exists.
3.
Penalty for Opening New Streets. If a permit is issued to open any
paved and improved street surface less than 10 years old, a degradation
fee shall be charged for the opening. The degradation charge shall
be on a sliding scale and shall be set by resolution and available
for public inspection by request in the office of the Borough Manager
or Street Superintendent. The Borough requires prepayment of the estimated
degradation fee at the time the permit is issued.
[Ord. 782, 12/15/1999]
1.
Street List Requirements.
A.
Every person owning, using, controlling or having an interest in
pipes, conduits, ducts or other structures under the surface of any
street used for the purpose of supplying or conveying gas, electricity,
communication impulses, water or steam to or from the Borough, or
to or from its inhabitants, or for any other purposes, shall file
with the Borough Manager, within 120 days after the adoption of this
subpart, a written statement containing the names of the Borough's
streets wherein the aforementioned facilities owned by such a person
are located. In the alternative, a copy can be submitted of the map
maintained by the utility and shall be provided on media acceptable
to the Borough.
2.
Abandoned Facilities.
A.
Whenever any pipe, conduit, duct, tunnel or other structure located
under the surface of any street, or the use thereof, is abandoned,
the person owning, using, controlling or having an interest therein
shall, within 30 days after such abandonment, file with the Borough
Manager a statement, in writing, giving in detail the location of
the structure so abandoned.
B.
Whenever there are manholes or tunnels associated with abandoned
underground facilities, such manholes or tunnels shall be filled in
at the time of abandonment and the Borough Manager notified thereof
in writing.
C.
When the Borough plans to pave or improve streets in which there
are abandoned facilities, the owners of such facilities shall be required
to remove them if, in the opinion of the Council, their removal is
in the best interest of the Borough. If the owner shall refuse to
remove such facilities, the Borough shall remove the abandoned facilities,
and the owner shall reimburse the Borough for such removal.
3.
Street Opening Permit Notices.
A.
If the work to be undertaken by the permittee is such that it will
affect the use of properties abutting or adjoining the project, the
permittee shall notify the affected property owners and/or tenants
48 hours prior to commencing work. When a stoppage of work has occurred
for more than five days, the affected property owners and/or tenants
shall be renotified 48 hours prior to resuming work.
[Amended by Ord. 1043, 9/19/2017]
B.
If the work to be undertaken by a permittee will affect other subsurface
installations in the vicinity of the proposed opening, the permittee
shall notify the owners of such facilities of the proposed work.
C.
The Borough Manager shall notify, in writing, the Borough Police
and Fire Departments of all street opening permits he grants. Such
notification shall state the nature of the work to be done, proposed
beginning and completion dates, and the location of such projects.
D.
The permittee shall notify the Borough Manager and Monroe County
Control Center prior to closing any street with the total estimated
closure time.
[Added by Ord. 1043, 9/19/2017]
4.
The permittee shall notify, in writing, all public transportation
systems of all street openings which might affect, interrupt or restrict
traffic flow.
5.
Any new utility installations are subject to right of the Borough
of Stroudsburg to require relocation or removal at utility's expense
based on the Borough's future construction schedule.
6.
Penalties. Any person, firm or corporation who shall violate any
provision of this Part 1A shall, upon conviction thereof, be sentenced
to pay a fine of not more than $1,000, together with costs of prosecution,
or to imprisonment for a term not to exceed 30 days. Every day that
a violation of this Part 1A continues shall constitute a separate
offense.
[Ord. 529, 12/6/1972,
§ 1; as amended by Ord. 964, 2/6/2013]
No person, firm or corporation shall deposit, or cause to be
deposited, in any public street, alley, right-of-way, or roadway in
the Borough of Stroudsburg, snow, ice, or debris taken or removed
from property privately owned or occupied, excluding snow taken or
removed from public sidewalks upon or alongside any street in the
Borough of Stroudsburg that has parking meters located at the street
line.
[Ord. 529, 12/6/1972,
§ 6; as amended by Ord. 599, 12/19/1983; and by Ord. 964, 2/6/2013]
Any person, firm or corporation who shall violate any provision
of this Part 1B shall, upon conviction thereof, be sentenced to pay
a fine of not more than $600 and any cost incurred by the Borough
of Stroudsburg in removal of said snow, ice or debris, together with
costs of prosecution, or to imprisonment for a term not to exceed
30 days. Every day that a violation of this Part 1B continues shall
constitute a separate offense.
