[Adopted 10-6-2015 by Ord. No. 2015-809]
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:
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.
Any natural person, partnership, firm, association, organization,
corporation, municipal authority or other entity.
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.
A.
The opening of the surface of any street, alley or other public way
or right-of-way owned, controlled or maintained by the Borough is
prohibited unless a permit is obtained for that purpose in the manner
hereinafter described. Such permit shall only be granted when the
applying party files an application on a form approved by the Borough,
pays the required fees, posts security as may be required, and otherwise
complies with all other terms and conditions set forth herein.
B.
Street opening permits are not required for the installation or replacement
of a sidewalk provided that such installation in no way affects the
street surface.
C.
Street opening permits shall not be required for work performed by
the Borough or by a person performing work under contract with the
Borough. At the discretion of the Borough Council, permit fees may
be waived for contractors performing work on behalf of the Borough.
Such contractors are required to apply for a street opening permit,
and to post a bond or other security, as set forth herein, or in accordance
with the terms or conditions of any contract between the contractor
and the Borough.
D.
The Borough must be notified within 24 hours of any street opening or excavation necessitated by an emergency. A person performing such emergency street opening must apply for the street opening or excavation permit, in accordance with this article, on the first business day following such emergency. Any person who commences any emergency street opening or excavation will be deemed to have impliedly consented to all of the provisions of this article including, but not limited to, those provisions dealing with fees, security and backfilling. In addition to the penalties set forth in § 185-29 herein, as well as any and all remedies for penalties provided by law, the Borough is authorized to order the immediate cessation of any opening or excavation activity and the immediate repair and replacement of the surface to its original condition if the notice and application provisions set forth above are not complied with.
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.
G.
If an application is denied, written notice of denial, together with
reasons for denial, shall be given to the applicant.
A.
All public utility companies requesting a permit to open or excavate
the surface of a street shall furnish a properly executed corporate
surety bond. Attorneys-in fact who sign bonds must file with each
bond a certified and effective dated copy of their power-of attorney.
Surety Companies executing bonds must be listed in the United States
Treasury Department Circular 570, as currently amended, and be authorized
to transact business in the Commonwealth of Pennsylvania.
B.
All other persons may be required to furnish a corporate surety bond
if, in the opinion of the Borough Secretary and/or Borough Council
and based upon the size, scope and expected effect of a proposed excavation
or opening, such security is necessary in order to guarantee surface
replacement in accordance with the terms set forth herein.
C.
The bond, when required, shall be in effect for a period of not less
than two years from the commencement date of the project. The amount
of the surety bond shall be a minimum of $25,000. If the cost of any
street excavation, opening and required restoration exceeds such amount,
additional bonding in an amount equal to 100% of the estimated cost
of the project shall be required.
D.
Whenever any public utility or municipal authority which owns, controls
or maintains underground facilities in the Borough reasonably anticipates
more than one street opening or excavation per calendar year, it may
post a bond for the calendar year or part thereof to cover any and
all street openings anticipated. In such case, the amount of the bond
shall be approved by the Borough Council and the applicant's
initial street opening permit in a calendar year will only be issued
if the bond has been posted and the applicant has provided the Borough
with an accurate and up-to-date map of its underground facilities.
The approval of a calendar-year bond does not absolve the applicant
of its obligation to obtain a separate street opening permit for each
street opening to be performed by 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.
A.
All street opening permits are subject to revocation at any time
by the Borough, upon recommendation of the Borough Council, for:
(1)
Violation of any condition of the permit.
(2)
Violation of any provision of this section or Ordinance or any other
applicable ordinance or law related to the work.
(3)
The existence of any condition or act constituting or creating a
nuisance or endangering the welfare, safety, lives or property of
others.
B.
Written notice of such violation shall be served upon the applicant/permittee
or person engaged in the work. Such notice shall contain a brief statement
of the reasons for revoking such permit and/or may contain a time
period and method by which the permittee may cure any such violation.
Notice may be given either by personal delivery or by United States
mail sent to the address listed on the original application.
C.
No portion of the application fee shall be refunded if any permit
is revoked.
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.
A.
The permittee shall be and remain responsible for backfilling and
paving the opening and restoring the surface to its original condition
and composition prior to the opening or cut. All backfilling and restoration
shall be in accordance with the most current Pennsylvania Department
of Transportation Publication 408 standards. In the event that the
street excavation or opening or any required backfilling has not been
completed prior to the date of expiration as set forth on the permit,
the Borough may take steps to backfill the opening or excavation and
to replace the street surface. 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 will be charged against
the posted bond, including all fees and costs involved in the collection
of this payment.
B.
All backfilling shall be done with mechanical compaction and shall
consist of layers not to exceed eight inches in depth between each
compaction. Backfilling shall be placed to within 10 inches of the
surface.
C.
Replacement of bituminous paved area shall include saw cutting in
straight lines and milling and repaving the entire road surface from
curb to center line plus 12 inches on each side of the street opening.
In the event that the street opening extends beyond the center line
of the street, pavement replacement shall consist of curb to curb
and five feet in each direction on either side of the street opening.
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.
A.
Any person violating any provision of this article may, upon conviction
thereof, be sentenced to pay a fine of not more than $1,000, costs
and attorney fees incurred by the Borough in the enforcement of the
article, to a term of imprisonment not to exceed 90 days, or all of
the above. Each day that a violation of this article continues shall
constitute a separate offense.
B.
In addition to the penalties set forth in the preceding subsection,
the Borough reserves the right to deny the issuance of any future
street opening permit to any person or party who violates the provisions
of this article.
C.
Any person who commences any opening, cutting, excavation, other
digging or disturbance of the improved or unimproved surface or adjacent
area of any public roadway, alley or right-of-way, as defined in the
applicable ordinances, without first obtaining a valid permit from
the Borough and paying the required fee, will be deemed guilty of
a separate violation of said ordinance, in addition to any other sanctions
or penalties imposed therein. If said person, upon notice by the Borough,
or its duly authorized or appointed officials, ceases all activity
and applies for the applicable permit, the Borough shall have the
discretion to issue same upon payment of a fee which shall be no less
than double the usual, timely application fee. This provision shall
apply only to a first offense by any person.
D.
The above provisions may be enforced by the Borough, through its
Secretary or through such other official designated by Council, for
that purpose, in the usual and customary manner.
A.
Nothing contained in this article or any provision thereof shall
be interpreted as prohibiting or limiting any other right or cause
of action the Borough may have, in law or in equity, against any party
for any violation of the terms of this article or matters related
thereto.
B.
All other sections and provisions of previous ordinances which are
not amended or changed by this article, and are not inconsistent with
the terms and provisions set forth herein, are hereby ratified and
reaffirmed and shall remain in full force and effect.
