[Adopted 2-15-1995 by Ord. No. 1-1995 (Ch. 87 of the 1987 Code)]
This article shall be known and may be cited as the "Pave Cut
Ordinance."
A. The word "shall" is always mandatory and not merely directory.
B. Whenever in this article the words "directed," "required," "permitted,"
"ordered," "designated," "prescribed" or words of like import are
used, it shall be understood that the direction, requirement, permission,
order, designation or prescription of the Borough Engineer is intended;
and similarly, the words "approved," "acceptable," "satisfactory"
or words of like import shall mean approved by, acceptable to or satisfactory
to the Borough Engineer.
C. The following words, terms and phrases when used in this article
shall have the same meanings ascribed to them in this section, except
where the context clearly indicates a different meaning.
APPLICATION FOR A PAVE CUT PERMIT
A form provided the utility by the Borough noting pertinent
data for the purposes of inspection and control by the Borough and
constituting a receipt for services performed by the Borough.
BOROUGH PAVE CUT LOG
A chronological record of pave cuts, as reported to the Borough,
containing pertinent data as required by the Borough for the purposes
of inspection and control.
CAPITAL IMPROVEMENT
Preplanned to improve or upgrade an existing system or to
install a completely new system providing new or additional service.
CONTINUOUS MANNER
The performance of at least eight hours of work in one day
or in 24 consecutive hours, excluding weekends and holidays.
CONTRACTOR
A person or corporation holding a valid Larksville Borough
contractors license authorizing the person or corporation to perform
construction, renovation, remodeling, repairing or demolition work
within the Borough.
EMERGENCY REPAIR
Work necessitated by the rupture or sudden malfunction of
existing underground facilities.
FACILITIES
All the plant and equipment of a public utility, including
all tangible and intangible, real and personal property, without limitations,
and any and all means and instrumentalities in any manner owned, operated,
leased, licensed, controlled, furnished or supplied for, by or in
connection with the business of any public utility; provided, however,
that no property owned by the Commonwealth of Pennsylvania or any
municipal corporation thereof at the date when this article becomes
effective shall be subject to any of the terms of this article, except
as elsewhere expressly provided herein.
INSPECTION
A careful or critical investigation not necessarily confined
to optical observation, but is understood to embrace tests and examination
for the purpose of ascertaining quality and compliance as prescribed
in this article and discovering and correcting errors.
MUNICIPAL CORPORATION
All cities, boroughs, towns, townships or counties of this
commonwealth and also any public corporation, authority or body whatsoever
created or organized under any law of this commonwealth for the purpose
of rendering any service similar to that of a public utility. For
the purpose of this document, municipal corporation shall mean the
Borough of Larksville.
PAVEMENTS
Riding surfaces of machine-laid asphalt over a base of concrete,
brick, Belgian block, crushed stone, bituminous concrete or oil and
stone.
PERSON
Individuals, partnerships or associations other than corporations
and includes their lessees, assignees, trustees, receivers, executors,
administrators or other successors in interest.
PUBLIC UTILITY
(1)
Persons or corporations now or hereafter owning or operating
in this commonwealth equipment or facilities for:
(a)
Producing, generating, transmitting, distributing or furnishing
natural or artificial gas, electricity or steam for the production
of light, heat or power to or for the public for compensation.
(b)
Diverting, developing, pumping, impounding, distributing or
furnishing water to or for the public for compensation.
(c)
Transporting or conveying natural or artificial gas, crude oil,
gasoline or petroleum products, by pipelines or conduit, for the public
for compensation.
(d)
Conveying or transmitting messages or communications by telephone
or telegraph to the public for compensation.
(e)
Sewage collection, treatment or disposal for the public for
compensation.
(2)
The term "public utility" shall not include:
(a)
Any person or corporation, not otherwise a public utility, who
or which furnishes services only to himself or itself; or
(b)
Any bona fide cooperative association which furnishes services
only to its stockholders or members on a nonprofit basis; or
(c)
Any producer of natural gas not engaged in distributing such
gas directly to the public for compensation.
SERVICE
Is used in this article in its broadest and most inclusive
sense and includes any and all acts done, rendered or performed and
any and all things furnished or supplied and any and all facilities
used, furnished or supplied by public utilities in the performance
of their duties under this article to their patrons, employees, other
public utilities and the public, as well as the interchange of facilities
between two or more of them.
SPECIAL PAVEMENT
Riding surfaces of concrete, brick, Belgian block or cobblestone.
STREET
Includes any street, highway, road, land, court, alley or
place of whatever nature, whether dedicated or not, open to the use
of the public as a matter or right for purposes of vehicular travel.
UTILITY CORRIDOR
An area within any public right-of-way, usually underground
but not limited to same, reserved for and assigned to a specified
utility by the Borough Engineer; the area to be used by the specified
utility for placing and operating its facilities for transmitting
and distributing its particular commodity or service.
UTILITY RELOCATION
Includes the adjustment, replacement or relocation of utility
facilities as required by street construction or repaving project,
such as: removing or reinstalling the facility, acquiring the necessary
rights-of-way, moving or rearranging existing facilities, changing
the type of facility and any necessary safety and protective measures.
It shall also mean the construction of a replacement facility functionally
equal to the existing facility, where necessary for the continuous
operation of the utility service, the project economy or sequence
of street construction.
WORK
The furnishing of all materials, labor, equipment and other
incidentals necessary or convenient to the successful completion of
the project and the fulfillment of all duties and obligations imposed
by this article.
A. Permit procedure. A permit must first be obtained before any opening
can be made in any paved thoroughfare, cartway or sidewalk in the
Borough.
B. Normal permit procedures.
(1) Applications for a pave cut permit shall be available from the Borough
Secretary or Street Department Supervisor at the Borough building.
An authorized agent of a utility or contractor may complete said application
at the Borough Building. This shall be done a minimum of 24 hours
in advance of a planned excavation.
(2) A copy of the completed application, signed by the Borough Secretary
or Street Department Supervisor or Borough Engineer or the Borough
Engineer's agent, shall be in the hands of a competent person
at the work site described in said application and shall constitute
a permit.
(3) An application form, properly completed and including a location
sketch shall be collected from the utility on a monthly basis by the
Borough. Permit fees shall be billed on a monthly basis by the Borough
of Larksville and shall be payable to the Borough of Larksville. Application
forms shall be provided by the Borough Secretary or Street Department
Supervisor.
C. Emergency permit procedures.
(1) In the case where an emergency repair, as herein before defined,
is found, the utility shall first notify the Borough Secretary or
Street Department Supervisor and inform him that an emergency exists.
(2) When the emergency occurs after normal Borough working hours, on
weekends and holidays, the utility shall notify Larksville Borough
dispatch.
(3) Emergency pave cuts shall be recorded in the Borough pave cut log
at the start of the next business day following the emergency.
D. Nonfee permits. Pave cuts necessitated by Borough-sponsored public improvements will be on a nonfee basis, but limited to a specific contract area. Work done outside a project area will be handled under this §
456-24, and will require a permit fee. A list noting exact locations and dimensions of all such cuts shall be submitted to the Borough Secretary at the completion of work. Notification will be required for any pave cuts made in state highways located within the Borough for which a highway occupancy permit has been issued.
E. Penalty for failure to obtain a permit. All work done without a permit shall be subject to a penalty plus regular fees. (See §
456-61, Fee schedule.)
A. The applicant shall protect, defend, indemnify and save harmless
the Borough, its officers and/or agents thereof from all claims, suits,
actions and proceedings of every nature and description which may
be brought against the Borough, its officers or agents thereof for
or on account of any injuries or damages to persons or public or private
property because of any materials or equipment used in the work, or
by or on account of improper materials or workmanship, or for or on
account of any accident or any other act, negligence or omissions
of said applicant or his agents, servants or employees, and the Borough
shall not in any way be liable therefor during the period of the work
progress and the one-and-one-half-year guaranty period following the
completion of the work.
B. Minimum insurance shall be:
(1) Two hundred fifty thousand dollars liability per individual with
$500,000 limit for each occurrence for bodily injury.
(2) Two hundred fifty thousand dollars liability for property damage.
(3) Evidence of insurance in the form of a certificate or letter executed
by a duly authorized representative of the applicant's insurance
carrier shall be submitted to the Borough Secretary each January 15
or at the time the application for permit is made. Said evidence of
insurance must include the provision that the Borough shall be given
proper advance notice of at least 30 days of cancellation or any material
alteration in the applicant's policy.
During the progress of work the applicant shall provide and
maintain such barricades, warnings, signs and flagpersons as may be
deemed necessary by the Borough to prevent accidents to the public
and/or adjoining tenants. Minimum precautions must include, but should
not be limited to, advance warning signs on all approaches to the
work, safe crossing for pedestrians each 300 feet and barricades with
flashers on each exposed side at fifty-foot intervals. All precautions
shall be in accordance with the Manual of Uniform Traffic Control
Devices as adopted by the United States Department of Transportation,
Federal Highway Administration, 1971, Part IV, Traffic Controls for
Street and Highway Construction and Maintenance Operations.
All utilities and contractors shall utilize at their/its own
expense the Pennsylvania One Call System prior to the commencement
of the excavation or pave cut. The Pennsylvania One Call phone number
is 1-800-242-1776.
No street in the Borough of Larksville may be completely closed to traffic at any time. One lane of traffic must be able to pass unobstructed at all times. Flagpersons must be posted at the limits of work at all times to direct traffic through the work area, and all established traffic patterns must be maintained at all times. If all other means of traffic control have been exhausted, the Borough may permit a road to be completely closed temporarily only with the consent of the Fire Chief and the Chief of Police. When an emergency exists, the Police and Fire Department shall be notified. An application form for a permit to close a street will be available from the Borough Secretary. The completed application bearing the signatures of the before-mentioned officers shall be returned to the applicant and shall constitute a permit. A penalty shall be imposed for failure to notify the Chiefs of Fire and Police. (See §
456-61, Fee schedule.)
A. For small area pave cuts, the utility or contractor shall be required
to complete the temporary restoration within 48 consecutive hours
of the initial cut during the normal working week, excluding holidays
and weekends. Extension time may be allowed upon appeal to the Street
Department Supervisor, provided that the contractor substantiates
sufficient reasons for the extension required.
B. Long cuts.
(1) Work on long cuts, those over 25 feet in length, shall proceed in a continuous manner as defined with §
456-23 until completed.
(2) Permits for long cuts or capital improvements will not be granted
during the months of November through March, except by written permission
from the Street Department Supervisor.
The utility or contractor shall coordinate planned cuts in the
Borough streets with the paving program of the Borough. A construction
schedule comprising planned cuts shall be submitted to the Borough
Secretary as they become available. The Borough will provide a list
of streets the Borough will pave in that calendar year period to the
utilities prior to February 15. Changes in the utilities schedule
of planned cuts shall require confirmation from the Borough Secretary
and Street Department Supervisor. Changes in the Borough paving program
shall be submitted to all utilities at the earliest possible date
to permit the utilities to adjust their respective schedule.
All excavations shall be commenced and completed by the use
of reasonable work force. In congested areas and the central business
district, the Borough may limit work to other than normal daytime
working hours.
At the cessation of work, adequate steel plates shall be placed
over the excavation while it is not being worked to ensure full traffic
flow. The maximum length of any opening in the roadway shall be 200
feet, unless otherwise permitted, in writing, by the Street Department
Supervisor.
In peak traffic areas all excavated material shall be removed
daily at the cessation of work. All gutters and drainage devices shall
be kept clean of all debris and excavated material. Fire hydrants
adjacent to work shall, at all times, be readily accessible to fire
apparatus, and no material or obstructions shall be placed within
15 feet of any hydrant.
The suitability of material to be used as backfill shall be
determined by the Borough Engineer or his agent or the Street Department
Supervisor. All materials not conforming to the requirements of this
article whether in place or not, shall be rejected. Such materials
shall be removed promptly from the work site.
Material which is unsuitable and any surplus of excavated material
shall be considered waste and shall be disposed of as required by
law by the utility or contractor beyond the project limits. In no
case shall waste material be left at the work site.
A. Wet material. Material containing moisture in excess of that percentage
which will ensure satisfactory compaction shall not be used as backfill
material.
B. Dry material. Material containing insufficient moisture to obtain
satisfactory compaction shall be moistened before compaction.
A. Power driven concrete saws shall be used on all cuts in pavement.
The cuts must be of sufficient depth to provide a smooth edge. Opening
in brick or Belgian block based streets shall be of sufficient width
to expose 1/2 row of undisturbed interlocking stone. No pavement busters,
such as drop hammers, hoe rams and the like, shall be used without
the written permission of the Borough Engineer.
B. Special type pavements. The removed riding surface of brick, Belgian
block, cobblestone, tiles or other special surface shall be preserved
and reinstalled at the work site for restoration after the opening
has been backfilled.
In the event a cut is made and, upon inspection, damage to another
utility's underground facilities is discovered, it shall be the
responsibility of the party making the cut to contact the Street Department
Supervisor and all concerned pertinent utilities to instruct them
(it) to have representative inspect the condition before and after
backfilling is begun.
A. The Street Department Supervisor must be notified in advance of all
backfilling. Backfilling will be done in such manner as to obtain
compaction throughout the entire length of backfill not less than
that which exists adjacent to the excavation. Additionally, said compaction
shall be of a required density of 95% dry density to conform to ASTM
D-1557 Method D Modified Proctor.
B. Type 2B modified subbase material shall be used in all excavations
involving ruptured or leaking water or steam lines or services where
the excavated material is saturated, contains lumps, rocks or stones
more than three inches in diameter is frozen or is otherwise unsuitable.
The method of backfill shall be consistent with good engineering practice,
i.e., the material shall be placed in layers not to exceed six inches
properly tamped using a mechanical tamper or a mechanical vibrator
up to the bottom elevation of the pavement structure.
A. Temporary restorations. All restoration made with cold patch shall
be considered temporary. The permittee is responsible for all costs
and expenses of making and maintaining temporary and permanent restorations
of disturbed areas. Temporary restoration consists of a minimum of
three inches of bituminous material and is maintained in place until
permanent restoration can be made.
B. Permanent restorations.
(1) Only utilities or their contractors will be permitted to make permanent
restorations of openings in pavements.
(2) The restored pavements shall be guaranteed from failure from the
date of completion through two winters. Permanent restoration must
be completed within 30 days of the initial cut. Any cuts made in the
months of November through March shall be permanently restored within
30 days after hot asphalt becomes available. Any failure of restoration
will be reported to the pertinent utility and repairs by the utility
will be begun within 24 hours after notification. Upon failure of
the utility to repair the cut in a satisfactory manner, the Borough
shall have the option to do the work or to contract to complete the
work and bill the utility. In addition, penalties for noncompliance
shall be levied against the utility or contractor.
C. Refilling of opening or excavation; restoration or surface; responsibility
for defects occurring within two years. Any person who shall open
or excavate any street in the Borough of Larksville shall thoroughly
and completely refill the opening or excavation in such a manner to
prevent any settling thereafter, and shall restore the surface to
the same condition as it was before the opening or excavation or in
the case of pavement areas with at least four inches of BCBC and 1 1/2
inches of ID-2, and such restoration shall be in accordance with the
specifications of the Department of Transportation of the Commonwealth
of Pennsylvania, which are hereby adopted as specifications of the
Borough of Larksville for restoration for surfaces of streets in the
Borough of Larksville. As restored, the surface shall conform to the
proper grade and be of the same surface covering as the part of the
thoroughfare immediately adjoining the opening. Any openings in excess
of 100 feet in an aggregate (all openings lengths added) in any street
shall require the permittee to fully overlay the street's entire
width with an additional 1 1/2 inches of ID-2 wearing surface
as directed in the locations directed by the Borough Council. This
work may require the permittee to mill existing pavements as directed
by the Borough Council. If within two years after the restoration
of the surface, as herein provided, defects shall appear therein resulting
from defective backfilling or other workmanship by the applicant,
the applicant shall reimburse the Borough of Larksville for the cost
of all necessary repairs to the permanent paving.
[Amended 6-15-1999 by Ord. No. 6-1999]
D. Special restorations. The permanent restoration of special type pavements,
such as concrete, brick, Belgian block, cobblestone, gutters or tiles
shall consist of relaying the original wearing course in accordance
with the original installation specifications in such a manner as
to prevent settlement or other deterioration.
The Borough Street Department Supervisor may inspect all cuts
having an area of five square yards or more, and an inspection fee
shall be charged. Such inspection fees shall constitute acceptance
and approval of work performed by the utility or its contractor, but
it is understood that such acceptance and approval does not relieve
the utility of any responsibility under this article throughout the
guaranty period. Inspection of small cuts having an area of five square
yards or less shall not require visual observation when the work is
in progress, but may be approved or rejected through subsequent examinations
and/or testing.
Upon notification from the Borough of a planned street resurfacing or reconstruction, all utilities will be required to test their lines and services and to schedule necessary capital improvements and service connections prior to resurfacing or reconstruction. Thereafter cuts will be permitted in the new pavement only in an emergency. Pave cuts made in new pavement shall be subject to a penalty. (See §
456-61, Fee schedule.) Essential services for new building construction will be exempt from this penalty. New construction shall not include the addition of an alternate or secondary source of fuel, water, heat or other service not included in the original construction or regarded as essential to the original construction. Pavement shall be considered new for a period of five years from the date of placement.
No linestone or monument in the Borough of Larksville may be
removed, altered or buried at any time. When pave cuts or road construction
require the temporary removal of a linestone or monument, it must
be preserved at the site and reset at the direction of the Street
Department Supervisor. All costs incident thereto, including surveys,
shall be charged to the utility or contractor. A penalty shall be
imposed for failure to report the removal or alteration of a linestone
or monument. Burial or paving over a linestone or monument shall carry
a penalty for each stone or monument covered. In addition, all cost
incidental to exposing and/or resetting a linestone or monument shall
be charged to the utility or contractor.
When street work renders metered parking unavailable, the applicant
shall be charged $2 per day per metered space.
All test holes and borings shall require restoration. Restoration of bore holes shall follow immediately after testing with the application of asphalt or other water resistant plugs. A penalty will be charged for each test hole found unplugged. (See §
456-61, Fee schedule.)
The utility and/or its contractor must replace in kind all pavement
markings damaged or removed by pave cuts and work incident thereto.
All markings must be replaced within five days after permanent restoration.
The Borough shall contract to have the necessary repairs made and
bill the utility.
Electronic traffic control devices and ancillary equipment damaged
or removed because of pavement excavations or work incident thereto
must be replaced by the utility or its contractor, in kind, in whole
or in part as required by the Borough Engineer or his agent. The Borough
shall contract to have the necessary repairs made and bill the utility
or contractor.
Council provides by this article, for the laying, renewing and
repairing of all gas, water, steam or other pipes or conduits in any
street before the paving, repaving or repairing of the same, and for
making the necessary house connections with said pipes, and also for
the necessary house connections and branches with and leading into
main or lateral sewers, provided that, in no case, except as a sanitary
measure, of which Council shall be the judge, shall Council require
such house connections to be extended further from such sewers or
from such gas, water, steam or other pipes or conduits than to the
inner line of the curbstone of such street. Council may, after notice
to all companies, corporations, persons and owners affected, and in
default of compliance therewith, cause said pipes to be laid, renewed
or repaired and said connections made and collect the cost of paving
and repairing all pipes and pipe connections from the companies, corporations
or persons owning or operating said gas, water, steam and other pipes
or conduits, with interest; and the cost of the sewer connections
shall be a first lien against the land for whose benefit such connections
are made. A separate lien may be filed therefor or such sewer connection
cost may be included in any lien filed for the cost of such street
improvement, and the lien and the proceedings thereon shall be as
in the case of other municipal liens [1931, June 23, P.L. 932, XXIX,
2941, renumbered 2938, and amended 1951, June 28, P.L. 662, (29.4)].
The Borough Engineer shall have the final decision for the determination
of lines and grades for street construction. This decision shall be
based on good engineering practice and Borough standards.
A. Vertical assignments for new street construction. The following depths
for pipes and conduits are assigned to the utilities operating under
this article:
(1) Gas lines shall be a minimum of 30 inches below subgrade.
(2) Water lines shall be a minimum of 36 inches below subgrade; a water
main shall be a minimum of five feet below subgrade.
(3) Electric lines and conduits shall be a minimum of 24 inches below
subgrade.
(4) Steam lines shall be a minimum of 30 inches below subgrade.
(5) Telecommunication lines and conduits shall be a minimum of 36 inches
below subgrade.
B. Horizontal and aerial utility corridors. Aerial installations of
electric power transmissions and telecommunications lines suspended
from supporting poles having their base and/or support wires within
the public right-of-way and interfering with a roadway construction,
reconstruction or repair project shall be relocated upon written order
from the Borough Engineer to a point specified therein. The Borough
may require the utility to place its aerial facilities underground
where it is deemed necessary or desirable. Hereafter, aerial installations
shall be placed subject to approval by the Borough Engineer. The Borough
Engineer shall assign horizontal corridors on a case-by-case basis
for all new construction. All gate boxes, shutoff valves and other
regulating devices underground for individual customers for gas, water,
steam, electric and telecommunications lines shall be located inside
the inner line of the curbstone or, in the case where no curbing exists,
to a point specified by the Borough Engineer.
A. Determination of reimbursement. The Borough may participate in the
actual costs less betterments of utility relocation when:
(1) An existing utility right-of-way is owned by the utility and interferes
with a Borough construction project.
(2) Utility relocation may be necessary for the installation, maintenance
or repair of municipality owned or operated utility systems, such
as the municipal sewer system of the Larksville Sewer Authority. Where
the installation or modification of a municipally owned or operated
utility is a part of a roadway construction project, participation
in the reimbursement or utility relocation is excepted.
B. Commencement of utility relocation activities. Upon receipt of a
letter from the Borough Engineer authorizing the start of physical
work, the utility shall commence work within 30 days unless otherwise
stated by the Engineer with reasonable cause shown in order to clear
the construction area. The utility shall perform the relocation work
in accordance with the approved plan of the Borough Engineer.
C. Utility relocation shall be accomplished by the utility to assure
its completion prior to the commencement of roadway construction.
Areas of utility relocation work which cannot be accomplished prior
to the start of construction, but can be accomplished simultaneously
without restricting the roadway project contractor, may be done concurrently
with the contractors operations when approved by the Borough Engineer
and the contractor. It is acknowledged that field conditions occasionally
necessitate revision of the utility relocation plan. It shall be the
responsibility of the utility to report and justify such revisions
to correct any data on file with the Borough Engineer. The utilities
are required to obtain the contractors concurrence prior to such revisions
within the right-of-way of the project under construction. All such
changes shall be brought to the attention of the project engineer
and shall be noted in the daily inspection report.
Council provides by this article that the responsibility and
authority for the administration and enforcement of this article shall
rest in the Larksville Borough Street Department Supervisor and/or
Borough Engineer.
The Borough Engineer may appoint as his representatives persons
to enforce this article. These agents shall have the authority and
responsibility for the enforcement of this article as vested in the
Borough Engineer.
When work performed by a utility or contractor under this article is found in violation of same, the contractor or utility may be given the opportunity to make corrections as required by the Borough. If the corrections are not completed in the specified time or not completed as specified, the Borough may suspend all work, whether completed or in progress, in noncompliance with this article, and take appropriate safety precautions. All work performed or contracted for by the Borough of Larksville to attain compliance in this regard shall be billed to the utility or contractor. In addition, a penalty for noncompliance shall be imposed. (See §
456-61, Fee schedule.)
The utility shall actively resume work upon order from the Borough
after a suspension.
If the utility or contractor fails to make adequate corrections to work found in noncompliance with this article in the time specified, a penalty shall be imposed until said corrections are completed to specifications. (See §
456-61, Fee schedule.)
The Borough reserves the right to bar any contractor or his
employee from working within the Borough limits whose work is found
in noncompliance with this article. The Borough reserves the right
to refuse issuance of a permit to any applicant who fails to maintain
pave cuts in accordance with this article, or who fails to pay sums
due the Borough within 30 days from the date of billing. The Borough
reserves the right to refuse issuance of a permit to cut new pavement.
Every public utility shall file with the Borough Secretary a
designation in writing of the name and the post office address of
a person within the Commonwealth of Pennsylvania upon whom service
of any notice, order or process may be made under this article. Such
designation may, from time to time, be changed by like writing similarly
filed.
At the discretion of the Borough, licensed contractors, other than those under contract to a utility, may be permitted to make an opening cut or excavation in the Borough's public streets. Sections pertaining to public utilities shall be applicable to licensed contractors. (See §
456-61, Fee schedule.)
It is the intention of Larksville Borough Council that the Commonwealth
of Pennsylvania, Pennsylvania Code, Title 67, Transportation, Department
of Transportation, Chapter 459, entitled "Occupancy of Highway by
Utilities," Sections 459.8 and 459.9 be made part of this article.
It is the intent to include additional applicable technical requirements
to the chapter.
The fee schedule shall be as follows:
A. Processing and issuing a permit: $20 each.
B. Processing and issuing a permit to close a road: $50.
C. Testing: direct cost of testing laboratory times 1.2 for review and
administration.
D. Inspection: direct cost for Borough's consultant times 1.2 for
review and administration.
E. Cost of cutting new pavement: $75 per square yard.
F. Cost of regular pavement cuts:
(1) Two feet by two feet (four square feet): $15.
(2) Two feet by three feet (six square feet): $20.
(3) Two feet by four feet (eight square feet): $25.
(4) Three feet by five feet (15 square feet): $35.
(5) Square, rectangular or irregular cuts over 15 square feet: base fee
of $50, plus $25 per square yard.
(6) Continuous trenches: base fee of $50, plus $25 per square yard.
(7) Concrete sidewalk cuts: $25 per square yard.
(8) Tree lawn cuts: $2 per square foot.
G. Failure to notify Police Chief and/or Fire Chief of Emergency: $200.
H. Linestone and monuments:
(1) Failure to report removal or alteration: $150 per day.
(2) Burial or paving over: $500 per stone or monument covered plus costs.
I. Test borings, failure to restore: $150 per hole per day.
J. Noncompliance: $100 per day.
A. All litigation, hearings, investigations and other proceedings whatsoever
pending under any Act repealed by this article, shall continue and
remain in full under the provisions of this article. All orders, rules
and regulations issued or filed under any act repealed by this article,
and in full force and effect upon the effective date of this article,
shall remain in full force and effect for the term issued or until
revoked, vacated or modified under the provisions of this article.
All existing contracts and obligations entered into or created under
any Act repealed by this article, and in force and effect upon the
effective date of this article, shall remain in full force and effect.
B. Repealed laws not revived. The repeal by this article of any other
Act shall not revive any law heretofore repealed or superseded and
shall not impair or affect any act done, offense committed or liability,
penalty, judgement or punishment incurred, prior to the time this
article takes effect, but the same may be enforced, prosecuted or
inflicted as fully and to the same extent as if this article had not
been passed. The provisions of this article, as far as they are the
same as those of existing laws, shall be construed as a continuation
of such laws and not as new enactments.
A. Penalty for violation. Any person violating any of the provisions
of this article shall, upon summary conviction thereof in a summary
proceeding before a Magisterial District Judge of the Borough of Larksville,
be sentenced to pay of fine of not less than $50 and not more than
$300, and costs. In default of the payment of such fine and costs,
such person shall be imprisoned in the county jail for a period not
exceeding 90 days. Each and every day upon which any person violates
or continues to violate the provisions of this article, shall constitute
a separate offense.
B. Acknowledgment of guilty. Any person charged with violating any provision
of this article may sign an acknowledgment of the offense committed,
either before or after the beginning of suit, and pay to any duly
authorized agent of the Borough, the maximum fine provided by this
article, together with costs accruing to that date. Such person shall
receive a printed receipt therefor, which shall bear the imprint of
the seal of the Borough and the signature of its Mayor, which shall
be evidence of full satisfaction of the offense committed.