[Adopted 4-7-1942 by Ord.
No. 90 (Ch. 21, Part 1, of the 2006 Code of Ordinances)]
On and after the passage of this article, it shall be unlawful
for any person to open, break or excavate any roadway, gutter, curb,
sidewalk, or any other portion of the surface of any highway by digging
or otherwise; or to dig a tunnel under the surface of any highway
for the purpose of laying pipes, sewers, drains, or electric conduits,
of any description, or for making connections therewith or repairs
thereto unless and until a permit to do so shall have first been obtained
as herein provided.
As used in this article, the following terms shall have the
meaning indicated:
Any public street, road, or bridge and shall include the
roadway, gutter, curb, sidewalk and the whole legal width of the street,
road or bridge.
Any individual partnership, firm, association, or corporation.
Application for a permit shall be made on the form prepared
by the Highway Committee of the Borough of Folcroft and shall be signed
by a responsible applicant. Application by a public service corporation
for a permit for laying a water or gas main, or main conduit for electric,
telephone or telegraph wires, shall be signed by a duly authorized
officer or employee of the public service corporation. The applicant
shall state the purpose for which the highway is to be opened, excavated,
or occupied and the location of the proposed work, and the portion
of the highway to be occupied and such other information as the Highway
Committee may require.
[Amended 12-10-1990 by Ord. No. 835]
At the time of filing an application to open, break, or excavate
any highway or highways, the person making the same shall pay to the
Borough Secretary for the use of the Borough an opening charge, as
established by resolution of Borough Council, for each 100 feet or
fraction thereof opened or excavated.
[Amended 12-10-1990 by Ord. No. 835]
Permits shall be issued by the Secretary of the Borough of Folcroft
and shall be valid only for 30 days from date of issuance. Permit
may be renewed by the Secretary of the Borough of Folcroft for an
additional 30 days on the payment of an additional sum, as established
by resolution of Council.
The filing of an application and the issuance of a permit shall
constitute an agreement on the part of the person making the application
to comply with all the terms of this article and with all the rules
and regulations, and requirements of the Highway Committee now in
force or hereafter adopted, and to indemnify and save harmless the
Borough of Folcroft from and against all claims, demands and actions
for damages either to person or property that may be sustained by
any person by reason of or arising out of any work done under the
application and permit.
It shall be the duty of the person to whom a permit has been
issued to protect all openings, materials and obstructions of any
kind in the highways by the use of danger signals and red lanterns,
which shall be kept lighted from sunset to sunrise, and by such fences,
barricades or other protection as will properly protect the traveling
public and as may be required by the Highway Committee.
[Amended 9-11-1961 by Ord. No. 433]
All openings or breaks shall be filled immediately by the person
to whom the permit has been issued, with suitable materials thoroughly
compacted in layers each not to exceed six inches, compacted depth
up to the bottom of the base of the existing paving material. Portland
cement air-entrained concrete (minimum compressive strength 3,750
pounds per square inch) shall be used to fill from bottom of base
course to bottom of surface course, in the case of bituminous streets,
and to the top of pavement in the case of Portland cement concrete
streets. The Borough Engineer shall be notified 24 hours prior to
starting of backfill so that inspection of the work can be arranged.
The work shall in all respects be satisfactory to the Highway Committee,
and the filling shall be puddled where required by the Highway Committee.
Sidewalks, curbs, and gutters shall be replaced in the same condition
they were before the opening or breaking.
[Amended 2-10-1947 by Ord. No. 172; 7-7-1958 by Ord. No. 373; 9-11-1961 by Ord. No. 433; 1-12-1976 by Ord. No. 636; 10-13-1980 by Ord. No. 722; 12-10-1990 by Ord. No. 835]
A.
In the case of roadway pavement of cement, concrete, bituminous concrete, bituminous penetrated macadam and waterbound macadam, openings and breaks shall be filled and finished as required in § 536-8, and there shall be paid, in addition to the permit fee, an amount, as established by resolution of Council, for each square yard of pavement opened or broken at the time of issuance of said permit.
The filing of an application by a public service corporation
and the issuance of a permit for the laying of water or gas pipes,
or conduit for electrical wires, shall constitute an agreement on
the part of the applicant that it will at any time thereafter, upon
notice by the Highway Committee, at its own expense, make such changes
in the location or construction of such pipes or conduit as may be
required.
The issuance of a permit as authorized by this article shall
not give a permanent right to any person to maintain such driveway,
sidewalk, curb, gutter, pipe, culvert or other structures in or on
the highway, but the driveway, sidewalk, curb, gutter, pipe, culvert
or other structure in or on the highway may be removed at any time
by the Highway Committee.
[Amended 12-10-1990 by Ord. No. 835; 11-21-2006 by Ord. No. 990]
Any person, firm or corporation who shall violate any provision
of this article, upon conviction thereof, shall be sentenced to pay
a fine of not more than $1,000 plus costs and, in default of payment
of said fine and costs, to a term of imprisonment not to exceed 30
days. Each day that a violation of this article continues shall constitute
a separate offense.
[Added 12-8-1980 by Ord.
No. 725; 12-10-1990 by Ord. No. 835]
A.
The Philadelphia Electric Company, Philadelphia Suburban Water Company
and Bell Telephone Company shall do all road resurfacing work and
permanent restoration work after they open any street of the Borough
of Folcroft.
B.
Each of the above utilities shall pay a permit fee, as established
by resolution of Borough Council, for each opening in any street of
the Borough of Folcroft.
