[Ord. 442, 12/3/2012]
In this Part, the following words shall have the meanings hereby respectively ascribed thereto, except where the context thereof clearly indicates a different meaning:
APPLICANT
Any person who applies for a street and sidewalk excavation and occupancy permit.
BOROUGH
The Borough of New Oxford, Adams County, Pennsylvania.
BOROUGH COUNCIL
The Council of the Borough of New Oxford, Adams County, Pennsylvania.
BOROUGH ENGINEER
A professional engineer licensed as such in the Commonwealth of Pennsylvania, duly appointed as the engineer for the Borough of New Oxford, Adams County, Pennsylvania.
COMMONWEALTH
The Commonwealth of Pennsylvania.
EXCAVATION
Any activity within the street right-of-way, sidewalk or street cartway which involves cutting, breaking or disturbing the surface thereof. In this Part, the term "opening" shall have essentially the same meaning as "excavation."
PERMIT
A street and sidewalk excavation and occupancy permit issued pursuant to this Part by the Borough of New Oxford, Adams County, Pennsylvania.
PERMITTEE
Any person who has been issued a street and sidewalk excavation and occupancy permit pursuant to this Part by the Borough of New Oxford, Adams County, Pennsylvania.
PERSON
Any natural person, partnership, firm, unincorporated association, organization, joint venture, company, limited liability company, corporation, municipal authority or other legal entity.
SIDEWALK
That portion of a street between curblines, or the lateral lines of a roadway, and the adjacent property lines intended for use by the traveling public as pedestrians. The word "sidewalk" as used in this Part shall mean and include the portion of a street located outside the cartway and may include paved footway, unpaved grassplot, curb and gutter, or driveway apron.
STREET
Any street, road, lane, court, cul-de-sac, public way, public square, alley, highway or any other public way or place located in the Borough of New Oxford and as ordained or otherwise established for the use of the traveling public with the exception of any public street or road of the Commonwealth of Pennsylvania.
STREET RIGHT-OF-WAY
An area secured for public use and which may, but need not, be improved with streets, utilities, stormwater facilities, traffic control facilities, curbs, sidewalks, bicycle lanes or paths, streetlights, and similar improvements for the benefit, enjoyment and use of the public.
[Ord. 442, 12/3/2012]
It shall be unlawful for any person to make any excavation or opening of any kind in any of the streets or the street rights-of-way of the Borough or in any sidewalks located within the Borough without first securing a permit therefor from the Borough and satisfying the other applicable requirements consistent with the regulations as hereinafter provided.
[Ord. 442, 12/3/2012]
1. 
Any person who shall desire to make an excavation or opening in any street or street right-of-way of the Borough or in any sidewalk located within the Borough shall make application to the Borough in writing for that purpose. Such application shall be made upon forms to be furnished by the Borough and shall set forth the name of the applicant, the applicant's address and contact information, the address and contact information of the applicant's contractor, the exact location of the proposed excavation or opening and the approximate size and depth thereof, and any other information that may be requested by the Borough.
2. 
The application shall be accompanied by any required permit issuance and inspection fees.
3. 
The application shall be accompanied by a sketch of the proposed work area with associated dimensions and the location of the intended facility, the width of the traveled street or sidewalk, the location of and width of right-of-way lines and a dimension to the nearest intersecting street.
4. 
The application shall be accompanied by a copy of any permit or permits issued by the Commonwealth Department of Transportation, if any permit or permits are required by the commonwealth for such excavation or opening activities proposed to be conducted by the applicant. The application shall also be accompanied by the identification number assigned for the project by the Pennsylvania One Call System.
5. 
The application shall be accompanied by a copy of the contractor's cost estimate to complete the excavation or street opening activities proposed to be conducted by the applicant.
6. 
The applicant and/or the applicant's contractor is required to have commercial general liability insurance which shall be maintained in the recommended minimum coverage amount of $1,000,000. It is understood, however, that for small projects to be completed by a residential property owner without the engagement of a professional contractor, such liability insurance coverage in the recommended minimum amount might not be reasonably available for the project. In such case, the applicant's reasonable liability insurance coverage under the applicant's current property owner's insurance policy shall be acceptable. A satisfactory certificate of insurance confirming such liability insurance coverage and listing the Borough as an additional insured must be filed with the Borough before any work shall be commenced pursuant to the issued permit.
[Ord. 442, 12/3/2012]
Before any permit shall be issued to excavate or open any street or the street rights-of-way of the Borough or any sidewalk located within the Borough, the applicant shall pay to the Borough any required fees and charges relative to permit issuance, street closings and inspections. Such fees and charges shall be set, adopted and may be subsequently modified from time to time, by resolution of the Borough Council.
[Ord. 442, 12/3/2012]
Each applicant must provide financial security prior to the commencement of any street or sidewalk excavation or any work involving a disturbance to a street or street right-of-way or any sidewalk located within the Borough. Prior to the issuance of the permit, the Borough shall determine the amount of financial security required. The review and determination will consider, among other things, the type and amount of work to be done and the effect of said work on the streets, rights-of-way or sidewalks within the Borough. A determination of the amount of the financial security shall be made by the Borough Engineer. The Borough will transmit the determination to the applicant, which determination will specify the amount of financial security and the length of time during which the financial security will remain in effect. Without limitation as to other types of financial security which the Borough may approve, which approval shall not be unreasonably withheld, federal or commonwealth chartered lending institution irrevocable letters of credit and restrictive or escrow accounts in such lending institutions shall be deemed acceptable financial security for the purposes of this provision. Such financial security shall be posted with a bonding company or federal or commonwealth chartered lending institution chosen by the applicant, provided that such bonding company or lending institution is authorized to conduct such business within the Commonwealth.
[Ord. 442, 12/3/2012]
A permit shall be issued to the applicant after all requirements therefor have been satisfied. If the application is not approved, written notice of such disapproval, together with the reasons therefor, shall be given by the Borough to the applicant.
[Ord. 442, 12/3/2012]
The work authorized by any permit issued hereunder is subject to all provisions of the Underground Utility Line Protection Law, Act of December 10, 1974, P.L. 852, No. 287,[1] as amended or supplemented from time to time. It shall be the applicant's responsibility to contact the utilities that have recorded easements and rights-of-way of their facilities in compliance with said Act. The applicant shall also be responsible for providing the assigned identification number from the Pennsylvania One Call System to the Borough.
[1]
Editor's Note: See 73 P.S. § 176 et seq.
[Ord. 442, 12/3/2012]
A permit issued by the Borough under this Part shall expire in a reasonable time frame not to exceed six months from the date of issuance by the Borough. All permits shall expire upon the date set forth in the permit, unless extended by the Borough for good cause shown by the permittee. In case the work has not been completed before the date of expiration as shown on the permit, which date shall be fixed when the permit is issued, the Borough may, if it deems advisable, extend the permit or it may backfill the trench and replace the street or sidewalk surface over the opening for which the permit has been issued, charging the permittee's financial security for the cost of the same. In the event the financial security is insufficient, the Borough shall bill the permittee for unpaid amounts. If an extension of time on the said date is necessary for the completion of the work, a written application for an extension of time must be filed with the Borough, for which the permittee shall pay the applicable fee, if such extension of time is granted. Any permit issued for the excavation or opening of a street, street right-of-way or sidewalk surface is subject to revocation at any time by the Borough in consideration of the public health, safety and welfare.
[Ord. 442, 12/3/2012]
All work for which a permit has been issued by the Borough shall be performed and completed in accordance with the General Provisions and Specifications Regulating Excavation and Occupancy of Borough Streets, Street Rights-of-Way and Sidewalks, as approved from time to time by resolution of the Borough Council. All construction, excavation or repair of sidewalks and curbs shall be made consistent with the Borough specifications approved pursuant to Part 4 of this Chapter. Such provisions and specifications shall be attached as an appendix to and made a part of any permit issued by the Borough under this Part.
[Ord. 442, 12/3/2012]
1. 
Permits shall be granted only to the owners of the property for whom the work is done or to the public utilities whose service lines or pipes occupy the streets or sidewalks of the Borough under a legal right or franchise. No permits shall be issued directly to contractors or subcontractors. No permits shall be issued where the proposed work might interfere with any work being done by or on behalf of the Borough.
2. 
The permittee agrees to fully indemnify and save harmless the Borough of and from all liability for damages or injury occurring to any person or property at, in or upon such openings in streets or sidewalks through or in consequence of any act or omission of any contractor, agent, servant, employee or person engaged or employed in, about or upon said work by, at the instance, or with the approval or consent of the permittee, or from the failure of the permittee and/or the permittee's contractor to comply with the provisions for maintenance as set forth herein.
[Ord. 442, 12/3/2012]
1. 
The permittee shall pay all costs and expenses incident to or arising from the project, including the prescribed fees for the same, the cost of making and maintaining temporary restoration of the disturbed areas, making permanent restoration and all public safety measures.
2. 
The permittee and the permittee's contractor shall be responsible at all times while the project work is being conducted to maintain a safe project site and shall do so in a manner to protect the public from any harm or damages by use of proper signage, safety devices and warnings.
3. 
The permittee shall be responsible to notify the Borough, through its contractor or otherwise, in advance, of the precise day when the excavation or opening work shall commence and the precise day when the work shall commence for the closing of the excavation or opening. The permittee shall provide the Borough with a minimum of 48 hours' advance notice in order to schedule any inspection required or authorized pursuant to this Part. The permittee and the permittee's contractor shall not commence with the closing of the excavation opening or cut until the same has been inspected by the Borough Engineer or an authorized representative of the Borough.
4. 
The permittee shall notify the Borough of the date when the excavation has been completed.
5. 
All disturbed portions of the street, including all appurtenances and structures such as guardrails or drainpipes, shall be restored to a condition equivalent to that which existed before the start of any work authorized by the permit.
[Ord. 442, 12/3/2012]
Prior to the closing of the excavation opening or cut and then upon completion of the work authorized by the permit, the Borough Engineer or an authorized representative of the Borough shall inspect the work, and when necessary, the Borough shall enforce compliance with the conditions, restrictions and regulations prescribed by the permit. Where any settlement or defect in the work occurs, if the permittee shall fail to rectify any such settlement or other defect within 60 days after written notice from the Borough to do so, the Borough may do the work and shall impose upon the permittee the cost thereof, together with an additional 20% of such cost as an administration fee to the Borough. Such amount may be chargeable against the financial security or billed to the permittee, or both, as the Borough, in its sole discretion, shall determine.
[Ord. 442, 12/3/2012]
All gutters and surface water drains must be left open so as not to obstruct the free passage of water, and the sidewalks must be kept in a safe and passable condition. The Borough shall have authority to regulate the excavation openings or cuts so that the proper use by the traveling public of the streets and sidewalks shall not be unnecessarily interfered with and shall have authority to see that the said openings or cuts are filled and closed as required by this Part.
[Ord. 442, 12/3/2012]
1. 
In the event that any work performed by or for the permittee shall, in the opinion of the Borough Engineer or an authorized representative of the Borough, be unsatisfactory and where that work is not corrected in accordance with the Borough's 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 Borough, the Borough may proceed to correct such unsatisfactory work or complete any such work not completed and charge the cost of the work to the permittee.
2. 
When any earth, gravel, or other excavated material is caused to roll, flow or wash upon any street or sidewalk, the permittee shall cause the same to be removed from the street or sidewalk within 24 hours after deposit of the same. In the event the earth, gravel or other excavated material so deposited is not removed, the Borough may cause the removal of the same, and the cost incurred shall be paid by the permittee.
3. 
If within 18 months after restoration of the surface as herein provided, defects shall appear therein resulting from the defective backfilling or closing of the excavation opening or cut by the permittee or its contractor or otherwise related to the permittee's work, then the permittee shall reimburse the Borough for the costs of any and all necessary repairs to the permanent paving.
4. 
Payment for all work done by the Borough under the provisions hereof shall be made by the permittee within 30 days after a bill or invoice therefor has been sent to the permittee by the Borough. Upon failure to pay such charges within the designated time period, the same shall become collectible by the Borough by an action at law or in a manner provided for by law for the collection of municipal claims.
[Ord. 442, 12/3/2012]
In the case of any leak, explosion or other accident in any subsurface pipe, line, construction or facility which shall cause an immediate threat to the public health, safety and welfare, it shall be lawful for the person owning or responsible for such pipe, line, construction or facility to commence excavation to remedy such condition before securing a permit from the Borough, provided that an application for a permit shall be made immediately and not later than the next business day thereafter and that all other provisions of this Part are fully complied with. If any such emergency condition shall not be immediately attended to by the owner or person responsible for such pipe, line, construction or facility, the Borough may proceed to do the work necessary and required by such emergency and to charge all costs and expenses for all work to the owner or responsible person.
[Ord. 442, 12/3/2012]
1. 
Any violation of these regulations shall constitute grounds for imposition of any or all of the following penalties:
A. 
Upon receipt of verbal or written notice of any violation(s) by the Borough, the permittee shall cease to perform any further work in the permitted area except to restore the area to safe condition. No further work shall commence in the permitted area until the violation(s) has been remedied. Where the permittee has received verbal notice of the violation(s), written notice shall be sent to the permittee within 10 days of receipt of the verbal notice.
B. 
The permit may be revoked and confiscated by the Borough.
C. 
The Borough may cause the removal of facilities installed without a permit or in violation of this Part.
D. 
Any person violating any of the provisions of this Part shall, upon conviction thereof, be sentenced to pay a fine not exceeding $1,000 plus costs of such action. Each day that a violation of this Part continues shall constitute a separate offense.
E. 
The Borough may institute such other action, in law or in equity, as may be deemed necessary or proper to enforcement of this Part.
F. 
The Borough may refuse to issue any permits hereunder to any person who has been convicted of a prior violation of this Part without the applicant having remedied such condition constituting the prior violation.