[HISTORY: Adopted by the Borough Council of the Borough of Springdale as indicated in article histories. Amendments noted where applicable.]
[Adopted 4-2-1957 by Ord. No. 693 (Ch. 70, Art. III, of the 1969 Code)]
Curblines on all streets that are 60 feet wide shall be located parallel with and 15 feet distant from the center line of said streets.
The property line edge of all concrete footwalks on streets that are 60 feet wide shall be located parallel with and one foot from the adjacent property line of said street.
The property-line edge of concrete footwalks on streets that are 60 feet wide shall be 3 1/2 inches higher than the grade at the adjacent curbline.
The concrete footwalks on streets that are 60 feet wide shall fall from above-mentioned property line edge towards the curbline at the rate of 1/4 inch per foot.
[Adopted 4-15-2014 by Ord. No. 1234]
General. Certain words used in this article are defined below. Words used in the present tense shall include the future. The singular number shall include the plural, and the plural the singular. The word "shall" is mandatory and not permissive.
As used in this article, the following terms shall have the meanings indicated:
- Any person, partnership or corporation who makes application for a permit.
- Approved material used to fill a trench or other excavation or the process of doing so.
- The Borough of Springdale, its officers, employees and officials.
- BOROUGH COUNCIL
- Springdale Borough Council, also referred to as "Council."
- BOROUGH ROAD
- Any road or alley which has been dedicated to and accepted by the Borough for use as a public road. See "cartway."
- Improved area of the right-of-way within which vehicles are permitted, including curbs, gutters and shoulders.
- CERTIFICATE OF INSURANCE
- Certificate provided by the applicant which verifies that said applicant carried the minimum insurance coverages as stipulated in this article.
- DEGRADATION FEE
- A fee determined by formula found in Appendix A. This fee is imposed on any person, partnership or corporation which obtains a street excavation permit, and the work to be performed includes open-cutting any Borough road.
- Private roadway providing access for vehicles to a parking space, garage, dwelling or other structure.
- EMERGENCY SITUATION
- A situation or event, such as breakage of a utility line, which presents an imminent hazard to the public health, safety and welfare. Not included in this definition is the routine placement or replacement of service facilities which are being constructed or replaced as part of normal expansion or routine maintenance activities.
- Removal of soil, rocks, sidewalk, driveway or cartway material.
- Any deviation from the literal terms of this article which has been approved by Borough Council.
- FINAL COMPLETION CERTIFICATE
- Certificate issued by the Borough certifying that all work has been completed in accordance with the provisions of this article.
- FIRE DEPARTMENT
- Springdale Volunteer Fire Department, or its designee.
- INSPECTION FEE
- Fee established by Springdale Borough Council for the purpose of performing inspections of a work site that has obtained a permit.
- The designated official appointed by the Borough Council whose duty it is to administer the provisions of this article.
- NORMAL FLOW
- The direction, intensity and volume of stormwater runoff typically present during various precipitation events.
- PAVEMENT CUTS
- Open cutting of a cartway, sidewalk or driveway.
- PERFORMANCE BONDS
- Security submitted to the Borough which guarantees that all work required as part of an approved permit will be satisfactorily completed. An acceptable security can be a bond, letter of credit or certified check. Said security must be made payable to the Borough of Springdale.
- PERMIT FEE
- Fee established by Springdale Borough Council for the purpose of administration costs in issuing permits.
- Any person, partnership or corporation to whom a permit is issued.
- POLICE DEPARTMENT
- Springdale Borough Police Department.
- REGULAR BUSINESS DAY
- Monday through Friday, 9:00 a.m. to 4:00 p.m., except designated holidays.
- Land under the control of the Borough which contains Borough roads, sidewalks, driveways, driveway aprons, and other nonpaved portions of land which may or may not contain aboveground or underground utilities.
- RIGHT-OF-WAY OCCUPANCY PERMIT
- A permit which, when issued, permits the permittee to perform work within a Borough right-of-way. The work permitted under this permit shall not include any work requiring excavation for which a street excavation permit is required.
- A paved, surfaced or leveled area located in the public right-of-way, paralleling and usually separated from the cartway, used as a pedestrian walkway. Grass plot is typically between the street and sidewalk.
- SITE PLAN
- A plan of the area to be worked upon which shows all pertinent information, including but not limited to right-of-way lines, street locations, sidewalk locations and any existing subsurface and aboveground utilities which may be impacted by the work to be performed.
- Any paved or improved area within the Borough right-of-way, to include curb, gutter, aprons and shoulder.
- STREET EXCAVATION PERMIT
- A permit which, when issued, permits the permittee to open-cut any Borough road, curb, gutter, apron or shoulder or tunnel under any Borough road, curb, gutter, apron or shoulder.
- SUBSURFACE FACILITIES
- Any public utility or private transmission lines which are located below grade.
This article shall be administered by the Inspector, who shall be the Borough Engineer or other office designated by Council. The Inspector may delegate administration functions as he deems appropriate.
The Inspector or other designated official shall administer and enforce the provisions of this article in accordance with its literal terms and shall not have the power to permit any construction which does not conform to this article.
The Inspector shall issue street excavation permits and right-of-way occupancy permits.
The Inspector shall perform all necessary inspections and recommend to Council any enforcement proceedings which are necessary to ensure compliance with the provisions of this article.
Enforcement of this article shall be undertaken by the Inspector, Police Department, or other official designated by Council.
A street excavation permit shall be obtained before any person, partnership or corporation may open-cut any Borough road, curb, gutter, apron or shoulder or grass plot, or right-of-way; or utilize any type of device or equipment which tunnels under any Borough road.
Application for a street excavation permit shall be accompanied by:
A completed and signed application form;
The required permit and estimated inspection fee;
The required degradation fee, if necessary;
A location plan which generally indicates the distance the street excavation will occur from the nearest intersection street;
A profile indicating the elevation(s) of the subsurface facilities which are being removed, repaired, or constructed. This profile shall indicate the depth below the roadway surface at which the work is going to be performed;
Additional documentation as the Borough may require; and
The PA One Call serial number.
The completed application shall be submitted to the Borough at the municipal building. Upon receipt, the Inspector shall:
Upon approval of an application, the Inspector shall provide the applicant with two signed copies of the permit. The applicant must maintain one copy of the approved application at the job site.
The granting of any street excavation permit shall confer a right upon the permittee, subject to the terms and conditions of the permit, to temporarily occupy and use the street surface during the course of construction work covered by the permit, and to thereafter occupy the space within which the work is to be located, subject in every case to the specific right of the Borough to require temporary or permanent relocation or removal of any of the facilities entirely at the permittee's expense in the event said facilities are in conflict with the Borough's interest or the public interest in the use of the right-of-way.
In granting any permit, the Borough may attach such special conditions thereto as may be reasonably necessary to protect public and private property.
By accepting the permit, the applicant agrees to perform the work in accordance with the terms and conditions of the permit, and of any special conditions which may be attached thereto and to save the Borough, its officers, employees and agents from any costs, damages and liabilities which may accrue by reason of the work.
Every permit issued hereunder shall expire 90 days after it is issued. If the permittee shall be unable to complete the work within the specific time, he or she shall, prior to expiration of the permit, present, in writing, to the Borough a request for an extension of time, setting forth therein the reasons for the requested extension. If, in the opinion of the Borough, such an extension is necessary, the permittee may be granted additional time for the completion of the work.
The applicant must notify the Borough and Police Department at least 24 hours before work is commenced and shall not backfill any open cut before the Inspector has inspected the site.
The Borough may revoke any permit issued under the provisions of this article if it deems that the terms of the permit are being violated. Upon revocation of the permit, the Borough shall provide the permittee with a written explanation of the terms of the permit which are being violated and establish a time frame under which the permittee must complete all necessary reparations to bring the job into compliance with the provisions of the permit.
If final paving repairs are not completed to the satisfaction of the Borough, the Borough reserves the right, after notice to the permittee, to complete final paving repairs, including the removal of substandard work. These repairs will be funded by the performance bond, which the permittee must provide. Upon the satisfactory completion of all work, the Borough shall issue a final completion certificate and return the required performance bond or portion thereof.
A right-of-way occupancy permit shall be obtained before any person, partnership or corporation shall perform work in any Borough right-of-way which does not include activity which requires a street excavation permit, including but not limited to the following:
Open cut any sidewalk;
Open cut that portion of any driveway located within the public right-of-way;
Utilize any type of device or equipment which tunnels under any sidewalk, driveway or driveway apron;
Construct or replace any sidewalk or driveway located within the public right-of-way;
Application for a right-of-way occupancy permit shall be accompanied by:
The completed application shall be submitted to the Borough at the municipal building. Upon receipt, the Inspector shall;
The granting of a right-of-way occupancy permit shall confer upon the permittee, subject to the terms and conditions of the permit; permission to temporarily occupy and use the road right-of-way during the course of construction work covered by the permit, and to thereafter occupy the space within which the work is to be located, subject in every case to the specific right of the Borough to require temporary or permanent relocation or removal of any of the facilities entirely at the permittee's expense, in the event said facilities are in conflict with the Borough's interest or the public interest in the use of the right-of-way. The right-of-way occupancy permit does not authorize the permittee to perform any work which is governed by the requirements of a street excavation permit.
In granting any permit, the Borough may attach such special conditions thereto as may be reasonably necessary to protect the public and private property.
By accepting the permit, the applicant agrees to perform the work in accordance with the terms and conditions of the permit and of any special conditions which may be attached thereto, and to save the Borough, its officers, employees and agents from any costs, damages and liabilities which may accrue by reason of the work.
Every permit issued hereunder shall expire 90 days after it is issued. If the permittee shall be unable to complete the work within the specified time, he shall, prior to expiration of the permit, present, in writing, to the Borough a request for an extension of time, setting forth therein the reasons for the requested extension. If, in the opinion of the Borough, such an extension is necessary, the permittee may be granted additional time for the completion of the work.
The applicant must notify the Borough and Police Department at least 24 hours before work is commenced.
The Borough may revoke any permit issued under the provisions of this article if it deems that the terms of the permit are being violated. Upon revocation of the permit, the Borough shall provide the permittee with written explanation of the terms of the permit which are being violated and shall establish a time frame under which the permittee must complete all necessary reparations to bring the job into compliance with the provisions of the permit.
Upon the satisfactory completion of all work, the Borough shall issue a final completion certificate.
A permit fee of $150 shall be charged for each street opening permit. A degradation fee shall also be charged for each cartway excavation as provided in Appendix A.
A permit fee of $50 shall be charged for each sidewalk opening permit. A degradation fee may also be charged for sidewalk excavation as provided in Appendix A.
A permit fee of $25 shall be charged for each grassplot opening permit. A degradation fee may also be charged for each grassplot excavation as provided in Appendix A.
An inspection fee of $2 for each square foot of each proposed cartway excavation shall be charged for each excavation, the minimum inspection fee being $50 per excavation.
An inspection fee of $1 for each square foot of each proposed excavation located outside of the cartway shall be charged for each excavation, the minimum inspection fee being $25 per excavation.
Up to four individual street excavations by the same owner may be included in each permit application, if they are located on the same street.
For sidewalk and driveway replacements involving a single property and not associated with additional cartway excavation, where the depth of the excavation is less than 12 inches, the fee shall be $25, all other fees, bonds and insurance requirements being waived.
Projects minor in nature involving stormwater to the gutter under the sidewalk, if appropriate, and through the curb and disturbing no more than 12 inches in curb length as prescribed by the Inspector: The fee shall be $25, and all other fees, bonds and insurance requirements being waived.
All fees and bonding requirements may be changed by resolution of Borough Council. If any part of this article is held illegal or unconstitutional, it is intended that the remaining parts continue in force.
Performance bonds shall be provided for street excavations in the following manner:
A bond or cashier's check of $1,000 shall be provided at the date of the first application for a street excavation permit in a calendar year. This bond will be returned when all work is performed satisfactorily.
A bond or cashier's check in the amount of $5,000 shall be provided to the Borough on the date of the second street excavation permit application for that calendar year. This bond shall be good for the entire year in which it is issued. The bond will cover all additional street excavation activities during that calendar year. This bond will be returned when all jobs started in that calendar year are completed satisfactorily.
The performance bond requirement will be waived if a single property is involved and is for the purpose of creating improved access (i.e., driveway or handicap entrance) to stated property.
Maintenance bonds shall be provided for street excavations that exceed five square yards of cartway reconstruction in the following manner:
Upon completion of work and prior to the release of the performance bond, a five-year maintenance bond payable to the Borough shall be provided. The value of the maintenance bond shall be $25 for each square yard of pavement reconstructed.
The Inspector, Police Department or other official designated by Council may prevent or restrain any work which is proceeding without benefit of a street excavation permit or right-of-way occupancy permit. If this situation occurs, the person, partnership or corporation performing the work must immediately apply for a permit and must perform any task needed to ensure a safe condition for motorists and pedestrians as the Inspector, Police Department or other official may require. In addition, a permit must be applied for and obtained before work can continue.
The Borough, upon discovery that work is being performed on a site for which a permit has been issued which is not in compliance with the provisions of such permit, may take corrective action as it deems necessary, including, by not limited to, preventing or restraining any additional work until any necessary repairs are completed. Under no circumstances shall the job site be left in an unsafe or hazardous condition.
In the event that the permittee does not take the necessary corrective actions within the time frame the Borough establishes, the Borough may utilize the performance or maintenance bond and take any necessary measures to correct the problem.
Any person, partnership or corporation found to be in violation of any provisions of this article shall, upon conviction thereof, be sentenced to pay a fine of not more than $1,000, and costs of prosecution. Each day that a violation is continued shall constitute a separate offense.
The work shall be subject at all times to inspection by the Inspector. Under no circumstances shall a trench be backfilled without prior inspection of the work by the Inspector or his designee.
After final inspection and acceptance of the work, and after payment of any refund or collection of any insufficiency due, the Borough shall issue a final completion certificate. The applicant shall be strictly liable for all repairs to any property made necessary by the work within the first five years following issuance of the final completion certificate. All such repairs shall be made immediately upon request by the Inspector, or other inspector or other Borough official will result in completion of repairs by the Borough. The Borough will recover all funds expended in performing said repairs by providing the permittee with an itemized bill listing all costs the Borough incurs or by collecting from the maintenance bond, if appropriate. The Borough reserves the right to deny any new permit applications submitted by the permittee or his assigns until these costs or any other funds due to the Borough are remitted to the Borough.
An applicant shall provide a certificate of insurance to the Borough and have said certificate properly executed by the applicant's insurance carrier. Properly executed certificates of insurance shall be filed with the Borough and verify that the applicant is insured against all claims which may arise from or out of the performance of the excavation work, whether such performance be by the applicant or anyone directly or indirectly employed by him. Such insurance shall include protection against liability arising from completed operations, underground utility damage and collapse of any property. Liability insurance for bodily injury shall be in an amount not less than $500,000 for each person and $500,000 for each accident, and for the property damages, an amount not less that $250,000. Failure of an applicant to file a certificate of insurance shall be a sufficient reason for denying a permit. The applicant shall save and hold harmless the Borough from any and all damages and liability by reason of personal injury or property damage arising from work done by the applicant under the provisions of this article.
Any person, partnership or corporation performing work without a permit because of an emergency situation as defined in § 401-5 shall verify the emergency nature of the circumstances, in writing, to the Borough within the first regular business day after such emergency occurs. All work performed in an emergency situation must be done in compliance with the requirements of §§ 401-16 to 401-21 of this article, and a permit must be applied for on the first regular business day following the date the emergency occurred. All fees and bonds will be required to be provided with the application form. Prior to commencing work in an emergency situation, the person, partnership or corporation performing the work must notify the Borough of the nature of the emergency.
Exceptions to the requirement of this article shall not be permitted except upon written request by the applicant and approval by Borough Council. Exceptions shall be granted only upon a showing by the applicant that the proposed work is minor in nature and poses a minimal risk to public health and safety. Borough Council may request and utilize the recommendation of the Inspector with respect to any exception request. The Borough may impose any reasonable conditions to the granting of an exception.
Unless specifically permitted by the Borough:
No street opening shall extend across more than 1/2 of the cartway width at one time.
Two-way traffic shall be maintained.
Access to driveways and/or buildings abutting the street shall be maintained.
Not more than 250 square feet of any street shall be opened at any time.
No excavated materials or backfill materials shall be stockpiled on the roadway surface or sidewalk.
The permittee shall locate, in advance of excavation, all surface and subsurface utility lines and structures, as required by Pennsylvania Act 172, also known as the "PA One Call System." The permittee shall take all precautions necessary to avoid damage to other utility lines and to public and private property. In the event damage does occur to the property of others, the permittee shall promptly and satisfactorily repair all damages and restore the property to a satisfactory condition.
Editor's Note: See 73 P.S. § 176 et seq.
Provision shall be made to accommodate the flow of storm drainage and no excavated material or trench shall be permitted to interfere with the normal flow of surface water.
Traffic control shall be maintained in accordance with Pennsylvania Department of Transportation requirements, and the permittee shall furnish and maintain upon the work site such signs, barricades, lights and flagmen as may be necessary to ensure safe travel for vehicular and pedestrian traffic.
If blasting activities are performed, such operations shall be performed by persons authorized by all federal, state, county and local authorities to undertake such activities and shall be carried out in strict accordance with federal, state, county and municipal laws or regulations governing the same.
Appropriate measures must be taken to provide access for emergency vehicles and to all properties affected by the work.
Cuts through bituminous wearing surface shall be scored on a neat, straight line to the full trench width, using either a pneumatic spade or a concrete saw. Cuts through portland cement concrete shall be sawed to a sufficient depth to enable removal of concrete with a clean, straight break.
Excavated material shall be removed immediately or laid compactly off the roadway surface to cause as little inconvenience as possible to public travel. Pedestrian sidewalks shall be kept clean and free of obstructions, and, where necessary, temporary bridging or plank walkways shall be provided. Excavated material not suitable for backfill shall be immediately removed as excavation is in progress. Construction material shall not be stored in the public street except immediately in advance of installation. Loose earth and stone shall be promptly cleaned from the streets and sidewalks and dust shall be regularly swept up and removed.
Sidewalls of a trench under four feet in depth shall be kept as nearly vertical as possible. When over four feet in depth, the trench shall comply with the requirements established by Occupational Safety and Health Administration standards.
Utility lines and facilities which are placed in rock cuts shall be cushioned by not less than six inches of clean sand or other approved granular material around and beneath the work, so that a cushion completely surrounds the work to afford protection in the event of future excavation in close proximity thereto.
All cuts, excavation and backfill shall be performed to the satisfaction of the Inspector, who may, in consultation with Borough Council, develop additional work standards.
Temporary repairs to bituminous pavement shall consist of the trench being backfilled with natural stone or gravel and topped with at least 3 1/2 inches of cold patch. In all cases, the permittee is responsible to maintain temporary pavement repairs in good condition, free of chuckholes and soft spots, and to clean the street surface of any debris or earth which may be carried over the street.
Final pavement restoration shall be made only when weather conditions are suitable. If, because of weather conditions or time of year, temporary paving and natural stone or gravel are utilized, these temporary materials must be removed to a depth of at least 13 1/2 inches below finished street paving grade. All temporary materials shall be removed and replaced with permanent repairs as soon as weather conditions permit.
If cuts through the pavement equal 25% of the width of the cartway, then the repairs to the pavement must be made on the entire width of the cartway. Also, when installing new pavement, new surfacing must be done three feet on all sides of the cuts in the pavement.
All restoration of bituminous pavement shall be performed to the satisfaction of the Inspector, who may, in consultation with Borough Council, develop additional work standards.
Requirements for permanent repairs to surfaces other than bituminous pavement will be determined by the Inspector, who may, in consultation with Borough Council, develop additional work standards. In general, final restorations in any case shall be equal in quality to the original surface.
Sidewalks must be replaced to meet criteria developed by the Inspector in consultation with Borough Council prior to pouring the concrete. The sidewalk subbase and forms must be inspected and approved.
Whenever unusual conditions exist, or arise during construction, the Inspector may change the permanent restoration requirements from those given herein. In all cases, marks of construction beyond the area of actual trench shall be satisfactorily restored. In cases where a substantial portion of the original roadway paving is removed or damaged, thereby disturbing the envelope of the roadway, the Borough shall require the permittee to resurface the entire street area, in addition to constructing the final paving repairs over trench areas. A "substantial portion" shall be defined as six openings or more within a 100-foot section of the roadway, or any one opening exceeding 40 square feet in length. The Borough may also elect to accept payment from the permittee to the Borough for final paving repairs, in a sum to be determined by the Borough based upon then-current costs for such work, plus 15%, and to apply the sum so paid toward the cost of reconstruction of the entire street.
Any or all of the rates, fees and charges listed in this article may be changed by amendment to this article or by a resolution adopted by Borough Council.