[Adopted 11-10-1954 by Ord. No. 13-1954 (Ch. XXI, Part 3A, of the 1970
Code of Ordinances)]
A. The following words, when used in this article, shall have the meanings
ascribed to them in this section, except in those instances where
the context clearly indicates otherwise:
PERSON
Includes any natural person, partnership, firm, association
or corporation.
STREET
Any public street, avenue, road, square, alley, highway or
other public place located in Vandergrift Borough and established
for the use of vehicles, including the sidewalks adjacent thereto.
B. In this article, the singular shall include the plural, and the masculine
shall include the feminine and the neuter.
It shall be unlawful for any person to open or to make any excavation
of any kind in any street in Vandergrift Borough, except in and upon
those portions thereof established for the use of vehicles, including
the sidewalks adjacent thereto.
It shall be unlawful for any person to open or to make any excavation
of any kind in any of the streets in Vandergrift Borough without first
securing a permit therefor, as hereinafter provided.
[Amended 11-9-1965 by Ord. No. 20-1965; 10-4-2004 by Ord. No. 9-2004]
Any person who shall desire to make any opening or excavation in any of the streets in Vandergrift Borough shall make application to the Borough Secretary in writing for the purpose. Such application shall be made upon the appropriate application to be furnished by the Borough through the office of the Borough Secretary or the office of the Borough Engineer and shall require, at minimum, the name of the applicant, the exact location for the proposed opening or excavation, the approximate size or depth thereof, the time when said opening or excavation may remain open, and such other information as the Borough Engineer or the Borough Council may require, and shall contain an agreement on the part of the applicant that the work shall be done in full compliance with the ordinances of Vandergrift Borough and the laws of the Commonwealth of Pennsylvania and the United States in relation thereto, and the applicant shall well and truly save, defend and hold harmless Vandergrift 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 from any person or entity, and all damages to person or property resulting in any manner therefrom or occurring in the prosecution of the work connected therewith, or from any other matter, caused or relating thereto, by giving the Borough a bond in such sum and with such sureties as may be approved by the Borough Engineer or the Street Committee and the Borough Solicitor. Excepting and reserving therefrom, public utilities, which shall be required to submit, on or before January 1 each year, a bond of not less than $50,000, which shall provide coverage for said public utility for a period of not less than one year from the date of issuance of said bond. Should any public utility change bond companies thereafter, it shall be the duty and obligation of the public utility to notify the bonding company of the balance of the provision of this article, requiring appropriate coverage for any excavation which was completed during the term of a prior bond but which shall remain the subject of inspection for a period not less than one year from the date of the refilling of the opening and restoration of the surface as provided in §
416-20. Said bond shall remain in place for a period of one year from the date of the refilling of the opening and restoration of surface for the purpose of enabling Vandergrift Borough by and through the office of the Borough Engineer to verify that the refilling of the opening and restoration of the surface has been done in accordance with the ordinance of Vandergrift Borough, in accordance with the specification of the Pennsylvania Department of Transportation and to assure that the refilling of the opening or excavation shall remain in a condition as to avoid settling or the use of inadequate materials or methods for which; and which shall protect Vandergrift Borough from any defect which should appear therein resulting from defective actions or materials from whatever source during the one-year period within which the bond shall remain in place. The bond shall only be released upon certification of the Borough Engineer. Any defects, as determined by the Borough Engineer, shall cause the bond to be forfeited to Vandergrift Borough. The decision of the Borough Engineer regarding the release of the bond shall be final.
[Amended 11-9-1965 by Ord. No. 20-1965; 10-10-1994 by Ord. No. 4-1994; 1-8-2001 by Ord. No. 2-2001; 1-3-2012 by Ord. No. 2-2012]
Before any permit shall be issued to open or excavate any street
in the Borough, the applicant shall pay to the Borough Secretary a
permit fee in the minimum amount of $250 to cover the cost of inspection
and other incidental services in connection therewith. When application
shall be made to open and excavate any longitudinal opening or excavation
in excess of 20 feet, before any permit shall be issued so to open
or excavate, the applicant shall pay, in addition to the minimum fee,
an additional fee at $50 for each 20 feet or fraction thereof to be
opened or excavated upon such street. The fees as set forth in this
provision of this article may be amended from time to time hereafter
by resolution of the Council of Vandergrift Borough as deemed necessary
by the Council to cover the cost of inspection and other incidental
services in connection with street openings.
[Amended 10-4-2004 by Ord. No. 9-2004; 12-5-2016 by Ord. No. 3-2016]
A. The permittee
shall pay all costs and expenses incident to or arising from the project,
including permitting costs as assessed by the Borough of Vandergrift
and the cost of making and maintaining temporary restoration of the
disturbed area and any and all permanent restoration. Any and all
costs of inspection shall be incurred by the permittee and shall be
paid, upon demand, to the Borough of Vandergrift to cover the costs
associated with the inspector's time and any and all incidental Borough
expenses, including, if necessary, any reasonable attorney's fees.
B. The permittee
shall be responsible for all matters associated with traffic control
and, should the work on the excavated portion of the street not be
completed before the end of the normal workday, the permittee shall
promptly backfill the opening and restore the surface in a temporary
fashion so as to maintain safe lanes of travel for pedestrian, motor
vehicle, cyclist or any other form or mode of transportation over
and along any excavated portion of the roadway.
C. At no
time shall any action of the permittee alter drainage in any manner
from the original flow of drainage on the street or roadway.
D. All repair
or restoration of a street opening on a brick street shall be completed
in the manner identified in Attachment 1 and made a part of this article, to be amended, from time
to time hereafter, as deemed appropriate and as directed by the Engineer
of the Borough of Vandergrift.
E. All repair
or restoration of a street opening having an asphalt or concrete surface
shall be in the manner identified in Attachment 2 and made a part of this article, to be amended from time
to time hereafter as deemed appropriate and as directed by the Engineer
of the Borough of Vandergrift. Where curbing exists, if the curbing
is damaged in any manner however slight, the curbing shall be replaced
in increments not less than the longitudinal width of the portion
of the roadway to be repaired and reclaimed under this section. Where
any portion of the right-of-way is maintained as a lawn, backfilling
shall consist of No. 2A modified stone stopping 12 inches below the
surface. The remaining 12 inches of surface are to be backfilled with
suitable soil, screened and compacted appropriately, for planting,
and the same shall be planted to restore any and all landscaping at
minimum to its original condition. In the event that any sidewalks
are affected, however slight, by the excavation or by any equipment,
earth movement or otherwise, it shall be the responsibility of the
permittee to repair or replace the sidewalk in a manner so deemed
appropriate by the adjoining landowner whose property is affected
by the damaged sidewalk and in conjunction with the Borough Engineer,
who shall define the parameters of required restoration and repair.
Any and all sidewalks to be repaired or replaced must be replaced
with concrete in the manner consistent with the existing sidewalk,
and no repair of any partial slab shall be permitted.
F. Permittee
shall be responsible and required to repair any and all existing sewer
grates, catch basins, manholes, lamp holes, inspection stacks, sewer
pipes and any portion or portions of sewer systems in any areas, including
curbing affecting the sewer system, to their original condition at
the time of surface restoration. Any damage caused as a result of
the excavation, including any damage which was incidental to the excavation,
shall be restored by the permittee with all costs to be borne by the
permittee. Any and all replacements and repairs must be completed
in accordance with PennDOT specifications. No actions by the permittee
shall modify the flow of stormwater to or from any of the existing
storm grates or portions of the sewer system affected by the excavation.
G. Upon completion
of the repair, restoration or construction of the excavated area,
the excavation site shall be refilled in accordance with the requirements
of this section within 72 hours of completion of the work connected
with the excavation in question by the permittee. All temporary backfilling
shall conform to the original contour of the surface in the manner
as prescribed above, utilizing No. 2 modified stone in layers and
with surface repair as further identified herein.
H. Within
nine months after the restoration of the excavated area in temporary
fashion, any permittee who shall open or excavate any portion of any
improved street of the Borough of Vandergrift shall thoroughly and
completely restore the surface of the roadway from curb to curb or
from existing improved edge line to existing improved edge line, including
the area so excavated, for a distance of not less than 10 feet in
each direction from the edge line of the excavated area on each longitudinal
side of the excavation in accordance with the specifications as identified
in this section. Should any defect appear therein, resulting from
any action of the permittee or inaction of the permittee, which would
be identified by the Borough of Vandergrift or its designated agent,
within one year after completion of the final restoration process,
the permittee shall either restore, repair and replace, as deemed
necessary by the Borough Engineer, within 60)days' notice by the Borough
of Vandergrift of the defective conditions or, upon failure to complete
the same, shall reimburse the Borough of Vandergrift any and all costs
and expenses, including engineering costs and reasonable attorney's
fees, which would be necessary to enforce any of the requirements
of this section and to effectuate any and all necessary repairs and
replacement of permanent paving surface upon demand of the Borough
of Vandergrift. Any such requests of the Borough of Vandergrift shall,
in the instance where a bond is posted annually, be resolved in favor
of the Borough of Vandergrift by the permittee within 60 days of the
request of the Borough of Vandergrift; otherwise, the bond posted
shall be forfeited in favor of the Borough of Vandergrift to the extent
of the bond funds necessary for the restoration of the excavation
or disturbance in accordance with the conditions identified in this
section; further directed that any costs, fees or expenses incurred
by the Borough of Vandergrift, including engineering costs and reasonable
attorney's fees which may be incurred as a result of any demand for
forfeiture, shall be paid either by the forfeiting entity or its bonding
entity.
All other work in connection with openings in any street, including
excavation, protection, refilling and temporary paving, shall be done
by the applicant at his expense, and all such work shall be subject
to the provisions of this article and to the supervision and approval
of the Street Committee, provided that the Street Committee may require
that cutting of the surface of improved streets and the backfilling
of all excavations therein shall be done by the Borough, and the charge
therefor shall be paid by the applicant on the basis of actual cost
of the work plus 20%.
A. No opening or excavation in any street shall extend from the curbline
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.
B. No more than 450 feet longitudinally shall be opened in any street
at any one time.
C. 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
connections shall have been obtained.
D. No tunneling shall be allowed without the express approval of the
Street Committee and permission therefor endorsed upon the permit.
The backfilling of a tunnel excavation shall be made only in the presence
of the Street Committee or an inspector designated by it and shall
be done only in accordance with the specification of the Department
of Highways of the Commonwealth of Pennsylvania.
E. All openings or excavations shall be backfilled promptly with suitable
materials and thoroughly compacted in layers with an approved mechanical
back tamper, each of which shall not exceed six inches in depth. On
improved streets, the backfilling shall be placed to within 10 inches
of the surface.
F. On improved streets, a temporary paving of suitable stony materials,
thoroughly bound and compacted, shall be installed flush with the
surface of the adjoining paving. Permanent paving shall be completed
at such time as the Street Committee so directs.
G. During the making of any excavation in any street, every necessary
and reasonable protection 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 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.
H. The applicant shall notify the Street Committee when the opening
or excavation is ready for backfilling before any backfilling is done
and when the work is completed by the proper backfilling in the case
of unimproved streets and by temporary paving in the case of improved
streets.
I. In the event that any work performed by or for a permit holder shall,
in the opinion of the Street Committee, be unsatisfactory, and the
same shall not be corrected in accordance with its instructions within
the time fixed by it, or in the event that the work for which the
permit was granted is not completed within the time fixed by the Mayor,
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.
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 article are 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 Street Committee, after such notice as it 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 the cost plus 20% to such owner or
person.
The Street Commissioner 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 Street Committee. New paving shall not be opened
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 of such paving to be determined by the Borough Council.
If it is sought to excavate upon or open a street within five years
after the completion of the paving thereof for any other reason than
an emergency as above stated, the applicant shall make written application
to the Borough Council, and a permit for such opening shall only be
issued after express approval of Council.
No new water or gas main shall hereafter be laid or constructed
and no existing water or gas main shall be extended in any of the
streets of the Borough until the exact location thereof and the plan
therefor shall have been first approved by the Borough Council.
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 in the manner
provided by law for the collection of municipal claims.
[Amended 1-10-1989 by Ord. No. 2-1989]
Any person, whether as principal, agent or employee, who violates
or assists in the violation of any provision of this article, shall
be guilty of an offense and, upon conviction, shall be sentenced to
pay a fine of not less than $200 or more than $600 and costs of prosecution
and, in default of payment of fine and costs, to undergo imprisonment
for not more than 30 days.
The provisions of this article shall not apply to laying sidewalks
or curbs or to the planting of poles.