This article is a street opening and excavation ordinance and
shall be known and cited as the "Borough of Clarion Street Opening
and Excavation Ordinance."
As used in this article, the following terms shall have the
meanings indicated:
EXCAVATION
Any activity within the right-of-way of any street, alley
or other public way or right of way which involves cutting, breaking
or disturbing the surface thereof. The term "opening" shall have essentially
the same meaning as excavation.
PERSON
Any natural person, partnership, firm, association, organization,
corporation, municipal authority or other entity.
BOROUGH STREET
Any public street, avenue, road, square, alley, highway or
other public place located in and owned, controlled or maintained
by the Borough and established for the use of vehicles, but shall
not include state highways.
Street opening permits shall only be granted upon compliance
with the following express provisions:
A. A written application, on a form approved by the Borough, shall be
filed with the Borough Secretary or designee. Such application shall
set forth the purpose for which such excavation is to be made, the
site and location of the work, the full scope of work to be included
in the project and the anticipated commencement and completion dates
of the project, including refilling and resurfacing. The applicant
shall furnish a drawing or plan of the proposed opening or excavation
upon request by the Borough. In addition to the above, the applicant
must set forth the estimated cost of the entire project. The Borough
shall have the right to require production of written verifications
of such cost as may be appropriate.
B. Prior to the issuance of such permit, every applicant shall pay to
the Borough the amount required for the purposes specified.
C. No permit shall be granted to any applicant unless all moneys due
the Borough for prior excavations made or for loss, damages or expenses
in any manner occasioned by or arising from prior work done by the
applicant are paid in full.
D. The written application shall contain a provision in which the applicant
agrees to indemnify and hold harmless the Borough, its officers, employees
and agents from any and all costs, damages and liabilities which may
accrue or be claimed to accrue arising out of any work.
E. Depending upon the size, scope and nature of the opening or excavation
project applied for or upon the advice and recommendation of the Borough
Solicitor, the applicant may be required to obtain and file with the
Borough a certificate of insurance protecting the Borough against
liability arising out of the work to be done. The amount of coverage
shall be determined in accordance with the risk to the Borough, the
scope and length of the project and other such factors. Failure of
an applicant to secure such certificate of insurance shall be sufficient
reason for denying a permit.
F. The applicant must comply with all applicable requirements of the
Pennsylvania Workers' Compensation Act and provide proof of coverage to the Borough, if applicable.
G. If an application is denied, written notice of denial, together with
reasons for denial, shall be given to the applicant.
Street opening fees will be established by a separate resolution
of the Borough Council. The Borough Council reserves the right to
review the fee schedule from time to time and amend the same.
If any permittee is unable to complete the street opening or
excavation on or before the date specified in the permit, the permittee
must file a written application for an extension of time with the
Borough. Said application shall set forth the reasons for the request
for the extension of time and shall contain an estimate of the additional
time required to complete the project. A fee shall accompany the extension
application to defer the cost of processing and filing the same.
The work authorized by the permit is subject to all the provisions
of the Act of December 10, 1974, P.L. 852, § 1 et seq.,
as amended or supplemented from time to time. It shall be the permittee's
responsibility to contact the utilities that have recorded their facilities
in compliance with said Act.
The following requirements must also be complied with by the
permittee:
A. All stormwater drains or gutters shall be left open so as not to
obstruct the free passage of water during any period of construction.
B. All sidewalks and footways must be kept in a safe and passable condition
during construction.
C. All materials removed by the excavation, as well as backfilling materials,
shall be stored in a safe place, as determined by the Borough, pending
completion of the project and backfilling.
D. No opening or excavation in any street shall extend from the curbline
into the street 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.
E. No more than 100 feet longitudinally shall be opened in any street
at any one time.
F. 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
constructions shall have been obtained.
G. No tunneling shall be allowed without the express approval of the
Borough and permission therefor endorsed upon the permit. The backfilling
of a tunnel excavation shall be made only in the presence of an inspector
designated by the Borough, and shall be done only in a method approved
by the Borough.
H. The permittee shall notify the Borough when the opening or excavation
is ready for backfilling, before any backfilling is done, when backfilling
work is completed, when the temporary paving has been installed and
when the street has been permanently restored so that inspections
may be made.
I. As may be deemed necessary by the Borough for the safety and welfare
of all persons and property, the permittee shall install or cause
to be installed all necessary warning lights, illumination, barricades
or other safety devices.
J. Proper traffic control and warning signs must be in place and maintained
in accordance with the current edition of Publication 213 of the Pennsylvania
Department of Transportation.
K. If 10 excavations occur in one block within a one-year period, the
applicant must mill and pave to Borough specifications the entire
road surface within that block, during its required restoration. For
purposes of this section, a block is defined as an area of roadway
between cross streets or nearest intersections.
L. Any and all conditions relating to the project imposed upon the applicant/permittee
and set forth on the permit must be complied with.
M. The permission herein granted does not confer upon the permittee
or its contractors the right to cut, remove or destroy trees or shrubbery
within the legal right-of-way except under specifications, regulations
and conditions as the Borough may prescribe.
Notwithstanding any bonding or other security requirements,
the permittee shall guarantee and maintain the backfilling and restoration
work for a period of 24 months following completion. Within this twenty-four-month
period, upon notification from the Borough of the necessary correction
work required, the permittee shall correct or cause to be corrected
all deficiencies within 10 working days of receipt of the notifications.
Any work not completed within this ten-day period may be completed
by the Borough at the discretion of the Borough. The Borough shall
invoice the permittee for all costs incurred by the Borough in the
performance of this work, plus 10%. Payment not made within 30 days
of the invoice date will be charged against the posted bond, including
all fees and costs involved in the collection of this payment.
No new water, sewer, steam or gas main, or electric, telephone
or other utility line shall hereafter be laid or constructed, and
no such existing main or line shall be extended, in any of the streets
of the Borough until the plan therefor shall have been first filed
with the Borough Secretary and such plan, and the exact location of
such main or line, approved by Borough Council. Borough Council shall
not approve the locating of any such main or line at a depth of less
than 30 inches from the surface of the street unless they shall be
convinced that locating the same at a depth of more than 30 inches
from the surface is impossible or impractical.