[Ord. 906, 2/8/1995,
§ 1]
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:
APPLICANT
Any person who makes application for a permit.
EMERGENCY
Any unforeseen circumstances or occurrence, the existence
of which constitutes a clear and immediate danger to persons or properties.
MANAGER
The Manager of the Borough, or his authorized deputy, representative
or inspector.
NEWLY-IMPROVED STREET
Newly-constructed cartways including base and surfacing of
either concrete or asphalt and reconstructed cartways surfaced with
at least 1-1/4 inch top to asphalt. It shall be the prerogative of
the Manager and/or Superintendent of Public Works to define the category
of "newly-improved street" and advise the proper utility companies
of this designation.
PERMITTEES
Any person who has been issued a permit and has agreed to
fulfill all the terms of this Part.
PUBLIC UTILITY COMPANY
Allegheny County Sanitary Authority (ALCOSAN), any cable
television company or any company subject to the jurisdiction of and
control by the Pennsylvania Public Utility Commission.
STREET
A public street, public easement, right-of-way, public highway,
public alley, public sidewalk, public way or public road accepted
or maintained by the Borough, or open for travel and use by the public,
whether or not so accepted or maintained, including the entire area
within the right-of-way thereof.
[Ord. 906, 2/8/1995,
§ 2]
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 Manager for each separate undertaking;
provided, however, 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 the permit could not reasonably
and practically have been obtained beforehand. In such cases where
emergency openings are necessary, however, the Borough shall be notified
prior to such openings in one of the following manners:
B. The person shall thereafter apply for a permit on the first regular
business day on which the office of the Manager is open for business
and said permit shall be retroactive to the date when the work was
begun.
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 where the permittee
desires to perform additional work not in excess of an amount greater
than 10% of the amount specified in the permit, permittees may apply
to the Manager for an amended permit to permit the additional work.
If the additional work desired to be formed by the permittee exceeds
10% of the amount specified in the original permit, an application
for a new permit shall be made. Any deposit or bond posted in connection
with the original permit shall be deemed to cover any such additional
work as may be added pursuant to the issuance of an amended permit
within the limit specified herein.
3. Commencement of Work. Work for which a permit has been issued shall
commence within 30 days after the issuance of the permit therefor.
If not so commenced, the permit shall be terminated automatically
unless the permittee applies 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 by reason of failure to commence work within
30 days after issuance or within any extension of time granted hereunder
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 performed in any place other
than the location specifically designated in the permit.
5. Expiration of Permits. Every permit shall expire at the end of the
period of time which shall be set out in the permit. If the permittee
shall be unable to complete the work within the specified time, he
shall, prior to expiration of the permit, present in writing to the
Manager a request for an extension of time, setting forth therein
the reasons for the requested extension. If the Manager finds that
the failure to complete the work under the permit within the time
specified therein was due to circumstances reasonably beyond the control
of the permittee and that an extension of time to complete the work
under the permit 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 Manager. The permit, fee, deposit,
insurance and bond requirements of this Part shall not be applicable
to any openings made by Borough owned and/or operated utilities.
7. State and County Highways. The provisions of this Part shall not
be applicable in those instances where the street or highway is maintained
by the Commonwealth or by the County of Allegheny; provided, however,
that any person applying for a permit to do work within the right-of-way
of a street or highway maintained by the Commonwealth of Pennsylvania
or by the County of Allegheny which would otherwise require a permit
under the terms of this Part shall notify the Manager at the time
that said application is made and at the time that the work under
any permit issued pursuant to said application is begun, so that proper
safety precautions may be taken by the Borough during the continuation
of said work.
8. Rights of Borough. Every permit shall be granted subject to the right
of the Borough or of any other person entitled thereto to use the
street for any purpose for which such street may lawfully be used
not inconsistent with the permit.
9. Revocation of Permits.
A. Any permit may be revoked by the Manager after notice to the permittee,
for:
(1)
Violation of any condition of the permit or of any provision
of this Part.
(2)
Violation of any other applicable provision of the Municipal
Code or any law relating to the work.
(3)
Existence of any condition or the doing of any act constituting
or creating a nuisance or endangering the life or property of others.
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
prosecution 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.
D. When any permit has been revoked and the work authorized by the permit
has not been completed, the Manager shall do or cause to be done 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 thereby
incurred by the Borough shall be recovered from the deposit or bond
the permittee has made or filed with the Borough.
[Ord. 906, 2/8/1995,
§ 3; as amended by Ord. 995, 12/10/2003]
1. Duties and Responsibilities of Applicants. It shall be the duty and
responsibility of any applicant:
A. Make written application for such permit with the Manager on such
form as he shall prescribe. No work shall commence until the Manager
has approved the application and plan and issued a permit and until
the permittee has paid and provided all required fees, deposits, certificates
and bonds.
B. Furnish in triplicate a plan showing the work to be performed under
said permit. Two copies of such plan shall be returned to the applicant
at the time the permit is granted.
C. 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 a permit 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 minimum permit fee, in an amount as established from time to
time by resolution of Borough Council, provided, however, that public
utility companies may elect to be billed monthly for such fees as
they accrue, upon written notice to the Manager.
B. Make a deposit to cover:
(1)
Any additional costs borne by the Borough specifically related to the work authorized by the permit and, unless the permittee is granted permission to restore the street surface as provided in §
21-104, Subsection
2D, of this Part.
(2)
The cost of restoring the street surface removed or damaged by the work done under such permit. The amount of such deposit shall be computed by the Manager as provided in §
21-105 of this Part. In the case of a public utility company, the Borough may waive this requirement of a deposit if said utility company files with the Borough, its corporate bond in a form satisfactory to the Borough Solicitor, conditioned upon the payment to the Borough of all costs which would otherwise be covered by and paid out of such a deposit. In the event such utility company elects to file such a bond, the Borough shall bill such utility company monthly for such costs as they accrue.
C. Furnish a maintenance bond as required in §
21-106 of this Part and, when the permittee is granted permission to restore the street surface as provided in §
21-104, Subsection
2D, of this Part, a performance bond as required in §
21-106 of this Part.
D. Furnish a certificate of insurance as required in §
2-107 of this Part unless excepted from such requirement by the provisions of §
21-107.
E. Submit, when required by the Manager, a list of owners and/or tenants
and/or addresses of all properties abutting the area where the work
authorized by the permit is to be performed.
F. Present evidence, when required, that all materials, labor and equipment
which are needed to complete such work as authorized by the permit
are available.
G. Keep the original copy of the permit and an approved copy of the plan (see Subsection
1B above) at all times while such work is in progress at the location for which such permit was granted and show such permit and/or plan upon demand by a Borough official.
H. Provide advance notification to operators of underground facilities
about excavation, augering, blasting or other activities which may
endanger underground facilities, using a one call system if one is
in operation.
[Ord. 906, 2/8/1995,
§ 4; as amended by Ord. 995, 12/10/2003]
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 250 feet measured longitudinally shall be opened in
any street at any one time, except by special permission of the Manager.
C. All utility facilities shall be exposed sufficiently or definite
location be determined ahead of trench excavation work to avoid damage
to those facilities and to permit their relocation, if necessary.
D. Pipe drains, pipe culverts or other facilities encountered shall
be protected by the permittee.
E. Any person whose facilities are damaged, or caused to be relocated
by the permittee shall notify the permittee and the Borough of such
damage and thereafter may make the necessary repairs or relocation
and in conjunction with notifying 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 work or
relocation work may be withheld by the Manager from the deposit pending
determination of liability for the damage.
F. 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 with 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 Manager. Permission shall be granted only upon
condition that the permittee shall pay all expenses incident to the
proper replacement of the monument.
G. When work performed by the permittee interferes with the established
drainage system of any street, provision shall be made by the permittee
to provide proper drainage.
H. When any earth, gravel or other excavated material is caused to flow,
roll or wash upon any street, the permittee shall cause removal of
same from the street within eight hours after deposit to permit safe
flow of traffic. In the event the earth, gravel or other excavated
material so deposited is not removed as specified, the Manager shall
cause such removal and the cost incurred shall be paid by the permittee
or deducted from his deposit.
I. Every permittee shall place around the project such barriers, barricades,
lights, warning flags and danger signs as shall be determined by the
Manager to be necessary for the protection of the public. Additional
safety requirements may be prescribed by the Manager, and where applicable,
shall be in conformance with the requirements set forth in 67 Pa.
Code § 203.1 et seq. Dealing with work zone traffic control.
Copies of the publication shall be made available in the office of
the Manager for inspection by the public. Whenever any person fails
to provide or maintain the required safety devices, 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 section.
J. 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.
K. 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 dirt or dust nuisance, the Manager may require the permittee
to provide toe boards or bins; and if the excavated area is muddy
and causes inconvenience to pedestrians, temporary wooden plank walks
shall be installed by the permittee as directed by the 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 1/2 the sidewalk width open along such sidewalk line.
L. 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 Manager to do the work at an earlier
or later hour. Such permission shall be granted only in the case of
an emergency or in the event the work authorized by the permit is
to be performed in traffic-congested areas.
M. In granting any permit, the 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, wight and type of equipment.
(3)
Designation of routes upon which materials may be transported.
(4)
Designation of 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 the course of the work.
N. Hydra-Hammer, Headache Ball. The use of a mechanical device for the
breaking of pavement, such as a hydra-hammer, headache ball, etc.,
will be permitted only under special written permission of the Manager.
2. Backfilling and Restoring Opening.
A. All pavement cuts, openings and excavations shall be made properly and backfilled properly by the permittees in accordance with the Borough Specifications set forth and incorporated herein at the Appendix to this chapter and Part 9 of Chapter
22 (referred to herein as the "Borough Specifications"). Unless permittee has been granted permission to restore the street surface as provided in §
21-104, Subsection
2D, permittee also shall place a temporary surface on the pavement cut, opening or excavation in accordance with Borough specification. If the permittee has been granted permission to restore the street surface but weather conditions are such as to prevent the completion of permanent restoration of the street surface at the time backfilling is completed, permittee shall install a temporary surface in accordance with Borough Specifications until such time as weather conditions will permit permanent restoration of the street surface.
B. The Manager shall be notified by the permittee during the forty-eight
hour periods preceding the beginnings of:
(2)
Restoration; and the approximate time each will be begun.
C. No backfilling or restoration shall be accomplished unless or until
the Manager is present or permission has been granted for backfilling
or restoration after inspection by the Manager.
D. The work of final restoration, including both paving surface and
paving base, shall be performed directly by the Borough under the
supervision of the Manager; provided, however, that upon a public
utility company's application for permission to perform the work
of restoration, the Borough may grant permission to such public utility
company to perform the work of restoration. In those cases where such
permission is granted, the work of restoration, including both paving
surface and paving base, shall be performed by the permittee according
to Borough Specifications and shall be subject to inspection by the
Borough.
E. If the Manager finds that paving surfaces adjacent to the street
openings may be damaged where trenches are made parallel to the street,
or where a number of cross trenches are laid in proximity to one another,
or where the equipment used may cause such damage, he may require
negotiated contribution from the permittee for the resurfacing in
place of patching of such street if the total area of the proposed
patch or probably damaged area exceeds 25% of the total pavement surfacing
between curb faces or between concrete gutter edges. Such negotiations
shall be carried on and contributions agreed upon prior to issuance
of a permit.
F. After excavation is commenced, the work of making and backfilling the name shall be prosecuted with due diligence. Unless the provisions of §
21-104, Subsection
2A, of this Part apply, the permittee is required to complete permanent restoration of the street surface in accordance with Borough Specifications within seven days after repairs and/or installation are completed. Furthermore, the permittee shall be required to install and maintain a temporary surface in accordance with Borough Specifications during:
(1)
The period between the completion of repairs and/or installation
and the commencement of final restoration.
(2)
The periods during the actual work when workers do not require
access to the excavation.
G. Inspections of all work authorized by a permit shall be made by the
Manager at such times and in such manner as required to assure compliance
with provisions of this Part. If the nature of the work to be performed
under any permit is such as to require the services of a full-time
inspector, the Manager shall provide for the services of such an inspector.
H. All inspection costs shall be borne by the permittee. Such costs
shall be based upon a schedule of charges on file in the office of
the Manager.
I. Upon completion of all work accomplished under the provisions of
a permit, the permittee shall notify the Manager in writing. A certificate
of final inspection shall be issued by the Manager to each permittee
no sooner than one year and not later than 18 months after the permanent
restoration of the excavation has been made, providing the work authorized
by the permit has been performed according to Borough Specifications.
Prior to the issuance of a certificate, the Manager shall make a final
inspection of the restoration to determine whether Borough Specifications
have been adhered to.
J. If any settlement in a restored area occurs within a period of two
years from date of completion of the permanent restoration, and permittee
fails to make such correction after notification, any expense 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 Manager that the settlement was not due
to defective backfilling.
K. 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 of the Borough 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; provided, however, that the Borough assumes charge when making final surface restoration, unless permittee has been granted permission to perform the work of restoration of the street surface as provided in §
21-104, Subsection
2D.
[Ord. 906, 2/8/1995,
§ 1]
1. Computation of Deposit. The Manager, upon receipt of a properly completed application, shall determine the amount of the deposit to be made by the permittee in accordance with the schedule of charges established pursuant to Subsection
5 of this section; provided, however, that the minimum deposit required shall not be less than $50. The deposit shall be paid at the time the permit is issued, 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 work authorized by the permit, to cover the cost of all necessary inspections of said work or any other expenses incurred by the Borough in carrying out the provisions of this Part. In the case of a public utility company, the requirement of such deposit may be waived if such public utility company files with the Borough its corporate bond as provided in §
21-103, Subsection
2B, of this Part.
2. Form of Deposit. The deposit may be either in the form of a certified,
treasurer's or cashier's check or in lawful money of the
United States.
3. 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 or competent jurisdiction. Until such deficiency
is paid in full, no additional permits shall be issued to such permittee.
4. Yearly Deposit. Whenever any public utility company shall anticipate
applying for permits for more than one street opening or excavation
per calendar year and does not elect to file a corporate bond as hereinbefore
provided, such public utility company may post one deposit in an amount
and form as hereinbefore provided for the calendar year or part thereof
to cover the cost of deposits which would otherwise be required for
the anticipated permits.
5. Deposit and Cost Schedules. The Manager shall establish a schedule
of charges for inspections, labor, materials and other such expenses
as may be incurred by the Borough in carrying out the provisions of
this Part. This schedule shall be established by the Manager in accordance
with the reasonably anticipated costs to be incurred by the Borough
in making such inspections, including reasonable administrative and
overhead expenses, and in accordance with the currently prevailing
costs in the area for any labor and materials which may be provided
by the Borough. The Manager shall revise said schedule from time to
time to reflect any increase or decrease in the costs used to establish
said charges. The schedule shall be open to public inspection in the
office of the Manager upon request.
6. Decision on Costs. The decision of the Manager as to the cost of
any work done or repairs made by him or under his direction, pursuant
to the provisions of this Part, shall be final and conclusive as to
such cost.
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 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.
[Ord. 906, 2/8/1995,
§ 6]
1. Performance Bond Where Municipality Does Not Restore Opening. In
those instances where the applicant has received or intends to apply
for permission to perform the work of restoration of the street surface,
each such applicant or permittee, upon receipt of a permit shall provide
the Borough with an acceptable corporate surety bond to guarantee
faithful performance of the work authorized by a permit granted pursuant
to this Part. 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 Manager.
If the permittee anticipates requesting more than one permit per year
as required by this Part, he may furnish one continuing corporate
surety bond to guarantee faithful performance in such amount as the
Manager deems necessary. 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 case of a public utility company, its
corporate bond in a form satisfactory to the Solicitor may be accepted
in lieu of the corporate surety bond required by this section.
2. Maintenance Bond. Each applicant, upon the receipt of a permit, shall
provide the Borough with an acceptable corporate surety bond conditioned
for compliance with the street opening specifications of the Borough
and the provisions of this Part. The 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, the
minimum amount of the bond shall not be less than $2,000. 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 Manager. If the permittee anticipates requesting more than
one permit a year, he may file a continuing corporate surety bond
conditioned for compliance with the specifications of the Borough
and the provisions of this Part in such amount as the Manager deems
this Part in such amount as the Manager deems necessary. 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 case
of a public utility company, its corporate bond in a form satisfactory
to the Solicitor may be accepted in lieu of the corporate surety bond
required by this section.
3. Default in Performance. Whenever the 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 deemed by the Manager
to be reasonably necessary for the completion of such work.
4. 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. 906, 2/8/1995,
§ 7]
1. 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 damages which may arise
from or out of the performance of the work, whether such performance
be by himself, his subcontractor, 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 Manager in accordance
with the nature of the risk involved; provided, however, it shall
provide for a minimum of comprehensive bodily injury liability insurance
including coverage on a personal injury basis and comprehensive property
damage liability insurance not less than $2,000,000 combined single
limit. Public utility companies and authorities may be relieved of
the obligation of submitting such a certificate if they submit satisfactory
evidence that they are insured in accordance with the requirements
of this Part or have adequate provision for self-insurance. Public
utility companies may file an annual certificate of insurance in lieu
of individual certificates for each permit.
[Ord. 906, 2/8/1995,
§ 8]
1. Notice of Proposed Improvement. When the Borough shall improve or
pave any street, the Manager first shall give notice to all persons
owning property abutting on the street about to be paved or improved,
and to all public utility companies and authorities operating in the
Borough and all such persons, public utility companies and authorities
shall make all connections as well as any repairs thereto which would
necessitate excavation of the street, within 30 days from the giving
of such notice. The time shall be extended if permission is requested
in writing and approved by the Manager after consultation with the
Borough Engineer.
2. Restrictions Upon Opening Newly-Improved Street. No permit shall
be issued by the Manager which would allow an excavation or opening
in a paved and improved street surface less than five years old unless
the applicant can demonstrate clearly that public health or safety
require that the proposed work be permitted or unless an emergency
condition exists.
3. Penalty for Opening Newly-Improved Street. If, by special action
of the Manager, a permit is issued to open any paved and improved
street surface less than five years old, a penalty charge shall be
made for the opening, except that the penalty shall be waived in the
event the work is of an emergency nature. The penalty charge shall
be on a sliding scale and shall be equal to 2% of the cost of restoring
the opening for each unelapsed month or fraction thereof of the five
year restricted period. Said penalty may be waived by action of the
Borough Council.
[Ord. 906, 2/8/1995,
§ 9]
1. Street List of Underground Utility Installations.
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 premises of its inhabitants, or for any other purposes, shall
file with the Manager, within 120 days after the adoption of this
Part, a written statement containing the names of the Borough's
streets wherein the aforementioned facilities owned by such person
are located.
B. Within 90 days after the first day of January of each and every year, such person shall notify in writing the Manager of the changes necessary to maintain the street list required under Subsection
1A above.
2. Abandoned Facilities.
A. Whenever any pipe, conduit, duct, tunnel or other structure located
under the surface of any street is abandoned, or the use thereof abandoned,
the person owning, using, controlling or having an interest therein
shall, within 30 days after such abandonment, file with the Manager
a statement in writing giving in detail the location of the structure
so abandoned. Whenever there are manholes or tunnels associated with
any abandoned underground facilities, such manholes or tunnels shall
be filled in at the time of abandonment and the Manager notified thereof
in writing.
B. When the Borough plans to pave or improve streets in which there
are abandoned facilities, the owner of such facilities shall be notified
to remove them if, in the opinion of the Commission, their removal
is in the best interest of the Borough. If the owner shall refuse
to remove such abandoned facilities, the Borough shall remove the
abandoned facilities and the owner shall reimburse the Borough for
such removal.
3. Notice to Property Owners and Tenants Abutting Project.
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
Manager may require the permittee to submit a list of owners and/or
tenants and/or addresses of all properties abutting the area where
the work authorized by the permit is to be performed. Upon receipt
of such list, the Manager shall notify the affected property owners
and/or tenants of the proposed work to be done.
B. If the work to be undertaken by a permittee will affect other subsurface
installation(s) in the vicinity of the proposed opening, the Manager
shall notify the owner(s) of such facilities of the proposed work.
4. Notice to Police and Fire Authorities. The Manager shall notify in
writing Borough police and fire authorities of all street opening
permits he grants of a nature that would require a street being closed.
Such notification shall state the nature of the work to be done, proposed
beginning and completion dates, and the location of such project.
[Ord. 906, 2/8/1995,
§ 10; as added by Ord. 995, 12/10/2003]
1. Any person, firm or corporation who violates a provision of this
Part, or who fails to comply therewith, or with any of the requirements
thereof, shall be, upon conviction thereof, sentenced to pay a fine
of not less than $100 nor more than $1,000 for each violation, plus
costs, and in default of payment of said fine and costs, to imprisonment
to the extent permitted by law for the punishment of summary offenses.
2. A separate offense shall arise for each day or portion thereof in
which a violation is found to exist or for each section of this Part
found to have been violated. All fines and penalties for the violation
of this Part shall be paid to the Borough Treasurer.
3. The Borough may also commence appropriate actions in equity or other
to prevent, restrain, correct, enjoin, or abate violations of this
Part.