[Ord. 709, 9/18/2001, § 1]
As used in this Part, the following words shall have the meaning
specified:
Any situation which poses an imminent and serious danger
to public safety or health.
Any activity which involves the breaking, cutting, removal
or other disturbance of the surface of a street.
Any natural person, partnership, corporation, association,
estate, trust, municipality, municipal authority or other entity.
The improved portion of the right-of-way of any public street
or alley in the Borough of Beaver, including any curbs or sidewalks,
except for any state highway.
[Ord. 709, 9/18/2001, § 1]
1.
Except as provided below, a permit must be obtained before any person
may make an excavation in a street.
2.
In case of an emergency resulting from an explosion, rupture or leak
of an underground pipe, line or apparatus, the owner thereof or person
responsible therefor may commence an excavation to remedy the condition
before obtaining a permit. However, immediate notice shall be given
to the Borough Manager or Borough Police Department, and a permit
for such excavation shall be applied for on the next business day.
3.
It is unlawful for a person to make an excavation except in accordance
with this section.
[Ord. 709, 9/18/2001, § 1]
1.
A person who desires to obtain an excavation permit shall submit
an application therefor to the Borough Manager. Such application shall
be made on a form prescribed by the Borough, and shall include:
A.
The name, address and telephone number of the applicant.
B.
A description of the proposed work, including the purpose and the
exact location of the proposed excavation, and the approximate size
and depth thereof.
C.
The dates on which the work is to commence and to finish.
D.
The identity of the record owner of the property intended to benefit
from the proposed excavation, or the actual owner, if different.
E.
A security deposit in the specified amount.
F.
Proof of adequate liability insurance.
G.
A signed performance bond and indemnity agreement in the form prescribed
by the Borough.
H.
Payment of the required fee.
[Ord. 709, 9/18/2001, § 1]
Before a permit may be issued, the applicant must pay the fee
therefor, as prescribed in a schedule established by resolution of
the Borough Council. Such a fee shall cover the administrative expenses
of the Borough and the costs of interim and final inspections by the
Borough Engineer.
[Ord. 709, 9/18/2001, § 1]
1.
Before a permit may be issued, the applicant must deposit with Borough a sum of money in an amount equal to the estimated cost, in the opinion of the Borough Engineer, of performing any refilling and restoration work required by § 21-110 of this Part.
2.
Such deposit may be made in the form of cash, money order, certified
check, or bank cashier's or treasurer's check.
3.
The determination of the Borough Engineer as to the amount of the
required security deposit shall be conclusive.
4.
Upon inspection of completed work to the satisfaction of the Borough
Manager or Borough Engineer, the security deposit shall be returned
to the person who made it, less deductions for any corrective work
done by or for the Borough.
[Ord. 709, 9/18/2001, § 1]
Before a permit may be issued, the applicant must sign a performance
bond and indemnity agreement in the form prescribed by the Borough.
[Ord. 709, 9/18/2001, § 1]
Before a permit may be issued, the applicant must furnish proof
that liability insurance is in effect for the proposed work. Such
insurance shall provide coverage for damage to property of up to $300,000
and coverage for injury or death of persons of up to $1,000,000 per
person and up to $3,000,000 per accident.
[Ord. 709, 9/18/2001, § 1]
1.
All excavations shall be subject to the following regulations:
A.
Any person who undertakes an excavation shall comply with all applicable
requirements of state law regarding a "One Call System" relating to
excavation work.
B.
Except in an emergency, work shall be performed only between the
hours of 7:00 a.m. and 7:00 p.m. No work shall be performed on Sunday.
C.
In all cases, appropriate safety precautions shall be taken. The
person making the excavation shall provide and maintain such barricades,
lights, warning signs, flagging, etc., as are necessary under the
circumstances. (Refer to the rules and regulations of the Pennsylvania
Department of Transportation relating to work zone traffic control).
D.
Work shall be performed in such manner as not to interfere with the
drainage of surface waters to storm sewers.
E.
Work shall be performed in such manner as not to obstruct access
to private driveways.
F.
Free access to fire hydrants shall be provided at all times.
G.
Work shall be performed in such manner as not to create excessive
dust or siltation of adjacent property or sewers.
2.
The above restrictions shall be part of every excavation permit.
[Ord. 709, 9/18/2001, § 1]
In granting any permit under this Part, the Borough Manager
may attach such other conditions thereto as he deems reasonably necessary
to prevent danger 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: (i) limitations on the period of the
year in which the work may be performed; (ii) restrictions as to the
size and type of equipment to be used; (iii) designation of routes
upon which equipment or material may be transported to or from the
work site; (iv) the place and manner of disposal of excavated materials;
(v) requirements as to the suppression of dust, cleaning of streets,
prevention of noises and other results offensive or injurious to the
neighborhood, the general public or any portion thereof, and (vi)
regulations as to the use of streets in the course of the work.
[Ord. 709, 9/18/2001, § 1]
1.
Any person who makes or causes an excavation shall thoroughly refill
the opening and shall compact the fill in such manner as to prevent
any subsidence or settling thereafter.
2.
Any person who makes or causes an excavation shall restore the surface
of the street in accordance with the standards and specifications
established by the Borough.
3.
If within two years after restoration of the surface a defect appears
therein due to inadequate backfilling, repaving or rebricking, the
Borough may make any necessary repairs and the person who made or
caused the original excavation shall reimburse the Borough for the
full cost thereof. This responsibility for reimbursement shall not
be excused or affected by an inspection of the work on behalf of the
Borough upon its completion.
4.
The duties imposed by this section shall apply, jointly and severally,
to the permit holder, the person making the excavation and the owner
of the property intended to benefit from the excavation.
[Ord. 709, 9/18/2001, § 1]
Upon completion of the work, the permit holder shall so notify
the Borough Manager in writing.
[Ord. 709, 9/18/2001, § 1]
1.
While the work is in progress, the Borough Manager and the Borough
Engineer shall have the right to inspect it.
2.
Upon receiving notice that the work has been completed, the Borough
Manager or the Borough Engineer shall inspect it.
3.
If upon inspection the Borough Manager or Borough Engineer is not
satisfied with the work, he may issue a "stop work" order, or may
issue instructions for correction of unsatisfactory work.
4.
Upon receipt of a "stop work" order, the permit holder shall immediately
cease all activity and correct the nonconforming work.
It is unlawful for any person to remove, destroy, damage, render
inoperable or tamper with any safety device placed or posted in accordance
with § 108(1)(C).
[Ord. 709, 9/18/2001, § 1]
