[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]
A.
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.
B.
APPLICANT
BACKFILL
BOROUGH
BOROUGH COUNCIL
BOROUGH ROAD
CARTWAY
CERTIFICATE OF INSURANCE
DEGRADATION FEE
DRIVEWAY
EMERGENCY SITUATION
EXCAVATION
EXCEPTION
FINAL COMPLETION CERTIFICATE
FIRE DEPARTMENT
INSPECTION FEE
INSPECTOR
NORMAL FLOW
PAVEMENT CUTS
PERFORMANCE BONDS
PERMIT FEE
PERMITTEE
POLICE DEPARTMENT
REGULAR BUSINESS DAY
RIGHT-OF-WAY
RIGHT-OF-WAY OCCUPANCY PERMIT
SIDEWALK
SITE PLAN
STREET
STREET EXCAVATION PERMIT
SUBSURFACE FACILITIES
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.
Springdale Borough Council, also referred to as "Council."
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 provided by the applicant which verifies that
said applicant carried the minimum insurance coverages as stipulated
in this article.
A fee determined by formula found in Appendix A.[1] 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.
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.
Certificate issued by the Borough certifying that all work
has been completed in accordance with the provisions of this article.
Springdale Volunteer Fire Department, or its designee.
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.
The direction, intensity and volume of stormwater runoff
typically present during various precipitation events.
Open cutting of a cartway, sidewalk or driveway.
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.
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.
Springdale Borough Police Department.
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.
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.
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.
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.
Any public utility or private transmission lines which are
located below grade.
[1]
Editor's Note: Appendix A, Degradation Fee Schedule, is included
as an attachment to this chapter.
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.
A.
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.
B.
The Inspector shall issue street excavation permits and right-of-way
occupancy permits.
C.
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.
D.
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.
A.
Application for a street excavation permit shall be accompanied by:
(1)
A completed and signed application form;
(2)
The required permit and estimated inspection fee;
(3)
The required degradation fee, if necessary;
(6)
A location plan which generally indicates the distance the street
excavation will occur from the nearest intersection street;
(7)
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;
(8)
Additional documentation as the Borough may require; and
(9)
The PA One Call serial number.
B.
The completed application shall be submitted to the Borough at the
municipal building. Upon receipt, the Inspector shall:
C.
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.
D.
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.
E.
In granting any permit, the Borough may attach such special conditions
thereto as may be reasonably necessary to protect public and private
property.
F.
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.
G.
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.
H.
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.
I.
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.
J.
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.
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:
(1)
Open cut any sidewalk;
(2)
Open cut that portion of any driveway located within the public right-of-way;
(3)
Utilize any type of device or equipment which tunnels under any sidewalk,
driveway or driveway apron;
(4)
Construct or replace any sidewalk or driveway located within the
public right-of-way;
B.
Application for a right-of-way occupancy permit shall be accompanied
by:
C.
The completed application shall be submitted to the Borough at the
municipal building. Upon receipt, the Inspector shall;
D.
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.
E.
In granting any permit, the Borough may attach such special conditions
thereto as may be reasonably necessary to protect the public and private
property.
F.
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.
G.
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.
H.
The applicant must notify the Borough and Police Department at least
24 hours before work is commenced.
I.
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.
J.
Upon the satisfactory completion of all work, the Borough shall issue
a final completion certificate.
A.
Permit fee.
(1)
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.[1]
(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.
(b)
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.
[1]
Editor's Note: Appendix A, Degradation Fee Schedule, is included
as an attachment to this chapter.
(2)
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.
(3)
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.
(4)
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.
(5)
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.
(6)
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.
B.
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.
C.
Performance bonds shall be provided for street excavations in the
following manner:
(1)
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.
(2)
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.
(3)
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.
D.
Maintenance bonds shall be provided for street excavations that exceed
five square yards of cartway reconstruction in the following manner:
(1)
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.
A.
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.
B.
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.
A.
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.
A.
Unless specifically permitted by the Borough:
(1)
No street opening shall extend across more than 1/2 of the cartway
width at one time.
(2)
Two-way traffic shall be maintained.
(3)
Access to driveways and/or buildings abutting the street shall be
maintained.
(4)
Not more than 250 square feet of any street shall be opened at any
time.
(5)
No excavated materials or backfill materials shall be stockpiled
on the roadway surface or sidewalk.
B.
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."[1] 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.
[1]
Editor's Note: See 73 P.S. § 176 et seq.
C.
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.
D.
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.
E.
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.
F.
Appropriate measures must be taken to provide access for emergency
vehicles and to all properties affected by the work.
A.
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.
B.
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.
C.
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.
D.
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.
E.
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.
A.
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.
B.
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.
C.
On every occasion where a street opening permit is required to cut
through the pavement of a street, then the repairs made to the pavement
shall be made the entire width of the cartway, to ensure a consistent
repavement of the street including the disturbed area from curb to
curb.
[Amended 3-16-2021 by Ord. No. 1234-1]
D.
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.
A.
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.
B.
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.
