[Adopted 11-17-2008 by Ord. No. 1271]
It shall be unlawful for any person or entity to make any opening
or excavation of any kind in any street in the Borough of Sewickley
without first having obtained from the Code Enforcement Officer a
permit therefor in accordance with the provisions contained herein.
No permit shall be granted under this article until the person
or entity desiring the permit shall have made application therefor
and shall have paid a permit fee of $250. The Council of the Borough
of Sewickley shall have authority in the future to increase by resolution
the amount of the fee for a permit.
No permit shall be granted until the applicant for the permit
has filed a surety bond in the amount prescribed by the Code Enforcement
Officer, based upon the extent of the work and the character of the
street and street surface being disturbed by the opening and/or excavation.
Such bond shall guarantee that the permit holder shall be responsible
for maintaining the portion of the street disturbed by such opening
or excavation and the restored surface thereof in accordance with
the terms of this article for a period of 12 months after the completion
of the excavating and resurfacing.
No permit shall be granted until the applicant for said permit
has shown that the applicant carries public liability insurance in
an amount and with a company deemed satisfactory to the Code Enforcement
Officer.
It shall be the duty of any person or entity obtaining a permit:
A.Â
To confine such opening or excavation to the portion of the street
and to the dimensions generally indicated on the permit.
B.Â
To commence such work of opening or excavation on the date indicated
in such permit, or as soon as practical thereafter, and to complete
such work, along with the refilling of the excavation and the restoration
of the street surface as indicated hereafter, on or before the date
of expiration of such permit.
C.Â
To notify the Code Enforcement Officer before such opening or excavation
is to be refilled, and thereupon to complete such work of refilling
and resurfacing to the satisfaction of the Code Enforcement Officer
or designee and in strict conformity with the requirements of this
article.
D.Â
While such work is underway, and at all times prior to the completion
of the resurfacing of the street, to keep in place sufficient barricades,
warning signs and warning lights or flares to guard the opening or
excavation and to warn the traveling public of its location; such
warning lights or flares are to be lit and in operation at all times
between sunset and sunrise and at all other times when visibility
is such as to make their use necessary.
E.Â
To refill the opening or excavation and to resurface the portion
of the street excavated for 25 feet on each side of the opening and
from one curb across the entire width of the street to the other curb.
The resurfacing shall be done in such a manner as to connect with
the existing street surface adjacent to the new resurfacing at the
same level so that there are no uneven portions of the street where
the existing surface joins the newly resurfaced portion of the street.
Any person or entity who shall violate any provision of this
article or shall fail, neglect or refuse to perform any duty imposed
by this article shall be guilty of an offense and, for each and every
such offense, upon conviction thereof, shall be sentenced to pay a
fine of not more than $500 and costs of prosecution. After one week's
notice of the violation from the Code Enforcement Officer, if no attempt
is made to correct said violation, each day thereafter shall constitute
a separate offense.
