[Ord. 00036, 5/14/2007, § 1]
1.
EXCAVATION
PERSON
STREET
The following words, when used in this Part, shall have the meanings
ascribed to them in this section, except in those instances where
the context clearly indicates otherwise:
Any activity within the right-of-way of any street, alley
or cartway which involves cutting, breaking or disturbing the surface
thereof. In this Part, the term "opening" shall have essentially the
same meaning as "excavation."
Any natural person, partnership, limited partnership, limited
liability company, limited liability partnership, firm, association,
corporation or municipal authority. However, the term "person" shall
not include the Borough of Akron.
Any public street, avenue, road, square, alley, highway or
other public place located in the Borough and established for the
use of vehicles, but shall not include state highways. As used herein,
"street" shall not be limited to the cartway, but shall include the
full right-of-way.
2.
In this Part, the singular shall include the plural and the masculine
shall include the feminine and the neuter.
[Ord. 00036, 5/14/2007, § 2]
It shall be unlawful for any person to open or to make any excavation
of any kind in any street in Akron Borough without first security
a permit therefor, as hereinafter provided.
[Ord. 00036, 5/14/2007, § 3]
Any person who shall desire to make any opening or excavation
in any street in the Borough shall make application to the Borough
Manager in writing for that purpose. Such application shall be made
upon blanks to be furnished by the Borough and shall set forth the
name and address of the applicant, the exact location of the proposed
opening or excavation, and the approximate size and depth thereof,
the estimated time required, and shall contain an agreement on the
part of the applicant that the work shall be done in full compliance
with the ordinances of the Borough and the laws of the Commonwealth
in relation thereto, and that the applicant shall well and truly save,
defend and keep harmless the Borough from and indemnify it against
any and all actions, suits, demands, payments, costs and charges for
or by reason of the proposed opening or excavation, and all damages
to persons or property resulting in any manner therefrom, or occurring
in the prosecution of the work connected therewith, or from any other
matter, cause or thing relating thereto.
[Ord. 00036, 5/14/2007, § 4]
Each person shall present, at the time of application, a certificate
of insurance showing liability insurance in an amount of at least
$300,000 covering the work to be performed.
[Ord. 00036, 5/14/2007, § 5]
Before any permit shall be issued to open or excavate any street
in the Borough the applicant shall pay a permit fee in the amount
fixed according to a schedule established from time to time by resolution
of the Borough Council. When application shall be made to open or
excavate any longitudinal opening or excavation in excess of 10 feet,
before any permit shall be issued so to open or excavate, the applicant
shall pay in addition to such minimum fee, an additional fee at the
rate, for each 100 feet or fraction thereof, to be opened or excavated
upon such street, in accordance with the fee schedule.
[Ord. 00036, 5/14/2007, § 6]
[Ord. 00036, 5/14/2007, § 7]
A permit may be issued to the applicant after all the requirements
therefor have been met. If the application is disapproved, written
notice of disapproval together with reasons therefor shall be given
to the applicant.
[Ord. 00036, 5/14/2007, § 8]
The work authorized by the permit is subject to all the provisions
of the Act of December 10, 1974, P.L. 852, No. 287, § 1
et seq., 73 P.S. § 177 et seq. It shall be the permittee's
responsibility to contact the utilities that have recorded their facilities
in compliance with the said Act.
[Ord. 00036, 5/14/2007, § 9]
Any person who shall open or excavate any street in the Borough
shall thoroughly and completely refill the opening or excavation in
such a manner as to prevent any settling thereafter, and shall restore
the surface to the same condition as it was before the opening or
excavation 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 the specifications of the Borough for
restoration of streets in the Borough. 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. If
within two years after the restoration of the surface as herein provided,
defects shall appear therein, the applicant shall reimburse the Borough
for the cost of all repairs.
[Ord. 00036, 5/14/2007, § 10]
All other work in connection with openings in any street, including
excavation, protection, refilling and temporary paving, shall be done
by or for the person to whom or which the permit has been issued at
his or its expense, and all such work shall be subject to the provisions
of this Part and to the supervision and approval of the Borough Manager,
or the Borough Manager's designee, provided that the Borough
Manager may, if the Borough Manager deems it necessary to the proper
performance of the work, require that cutting of the surface of streets
and the backfilling of all excavation therein shall be done by the
Borough, in which event the applicant shall pay the actual cost of
the work performed by the Borough.
[Ord. 00036, 5/14/2007, § 11]
1.
No opening or excavation in any street shall extend from the curbline
or cartway edge into the highway a distance greater than one foot
beyond the center line of the street before being refilled and the
surface of the highway restored to a condition safe and convenient
for travel.
2.
No more than 500 feet longitudinally shall be opened in any street
at any one time.
3.
The work of excavation shall be so conducted as not to interfere
with the water mains, sewers or their connections with the houses,
or any other subsurface lines or constructions, until permission of
the proper authorities in connection with such subsurface lines or
constructions shall have been obtained.
4.
No tunneling shall be allowed without the express approval of the
Borough Manager and permission therefor endorsed upon the permit.
The backfilling of a tunnel excavation shall be made only in the presence
of the Borough Manager or an inspector designated by the Borough Manager,
and shall be done only in a method approved by the Borough Manager.
5.
All openings or excavations shall be backfilled promptly with modified
2A stones and thoroughly compacted in layers, each of which layers
shall not exceed eight inches in depth. Backfilling shall be placed
to within 10 inches of the surface.
6.
A temporary paving of coldpatch premix, thoroughly bound and compacted,
shall be installed flush with the surface of the adjoining paving
and maintained for a period of 90 days.
7.
On concrete base streets, such base shall be replaced with concrete
and the minimum size of the opening or excavation shall be 16 square
feet.
8.
All work on the improvements shall be performed in compliance with
the Pennsylvania Uniform Construction Code requirements, in addition
to those of the Pennsylvania Department of Transportation and, where
applicable, a Uniform Construction Code permit shall be acquired in
advance of the start of the work.
9.
During the making of any excavation in the street, every necessary
and reasonable precaution shall be taken by the applicant and the
parties making the same to keep the street in a safe and passable
condition both day and night by guards, barriers, lanterns and other
devices, and all excavating permits grated hereunder are granted under
and subject to the express condition that the person to whom the same
is issued shall indemnify, save and keep harmless the Borough from
any loss in damages, or otherwise whatsoever, which may or shall be
occasioned at any time by the said excavation, or by any leak, explosion
or other injury from any pipe, apparatus, conduit or any other matter
placed in the said excavation and the applicant shall further indemnify
and save harmless the Borough, its agents and employees, from any
claims of the traveling public. In addition to the foregoing, as a
minimum standard, all work shall be performed in a manner consistent
with the Pennsylvania Department of Transportation Highway Safety
Standards for the performance of work within a right-of-way.
10.
The applicant shall notify the Borough Manager when the opening or
excavation is ready for backfilling before any backfilling is done,
when backfilling work is completed, when the temporary paving has
been installed and when the street has been permanently restored,
so that inspections may be made.
11.
In the event that any work performed by or for a permit holder shall,
in the opinion of the Borough Manager, be unsatisfactory and the same
shall not be corrected in accordance with his instructions within
the time fixed by him, or in the event that the work for which the
permit was granted is not completed with the time fixed by the Borough
Manager, the Borough may proceed to correct such unsatisfactory work
or complete any such work not completed, and charge the cost thereof,
plus 20% to the applicant. In addition, all attorney's fees incurred
by the Borough in collection thereof shall be added to the cost thereof
and be paid by the permit holder.
12.
No street shall be closed unless the applicant has, in advance, secured
permission from the Mayor in accordance with applicable Borough ordinances
and regulations then in effect. The Borough Police Department shall
be notified in advance of any street closing.
[Ord. 00036, 5/14/2007, § 12]
In the case of any leak, explosion or other accident in any
subsurface pipe, line, construction or apparatus, it shall be lawful
for the person owning or responsible for such pipe, line, construction
or apparatus to commence an excavation to remedy such condition before
securing a permit; provided, that application for a permit shall be
made immediately and not later than the next business day thereafter,
and that all other provisions of this Part are fully complied with.
If any such emergency condition shall not be immediately attended
to by the owner or person responsible for such pipe, line, construction,
or apparatus, the Borough, after such notice as it shall deem necessary
under the circumstances of the particular case, shall proceed to do
the work necessary and required by such emergency and charge the same
on the basis of cost plus 20% to such owner or person. In addition,
all attorney's fees incurred by the Borough in collection thereof
shall be added to the cost thereof and be paid by the permit holder.
[Ord. 00036, 5/14/2007, § 13]
The permission herein granted does not confer upon the permittee
or its contractors the right to cut, remove or destroy trees or shrubbery
within the legal right-of-way, except under specifications, regulations
and conditions as the Borough Manager may prescribe.
[Ord. 00036, 5/14/2007, § 14]
The Borough Manager shall give timely notice to all persons
owning property abutting on any street within the Borough about to
be paved or improved, and to all public utility companies operating
in the Borough, and all such personas and utility companies shall
make all water, gas or sewer connections, as well as any repairs thereto
which would necessitate excavation of the said street within 30 days
from the giving of such notice, unless such time is extended in writing
for cause shown by the Borough Manager. New paving shall not be opened
or excavated for a period of five years after the completion thereof,
except in case of emergency, the existence of which emergency and
the necessity for the opening or excavating of such paving to be determined
by the Borough Manager. If sought to excavate upon or open a sewer
within five years after the completion of the paving, applicant shall
make written application to the Borough Manager, and a permit for
such opening shall be issued only after express approval of the Borough
Manager, and such approval may be refused by the Borough Manager if
such approval is not justified under the circumstances, or if approval
is sought merely for customary maintenance or replacement as part
of the utility general maintenance program.
[Ord. 00036, 5/14/2007, § 15]
No new water, sewer, steam or gas main or electric, telephone
or other utility line shall hereafter be laid or constructed, and
no such existing main or line shall be extended, in any of the streets
of the Borough until the plan therefor shall have been first filed
with the Borough Manager and such plan, and the exact location of
such main or line, approved by him. The Borough Manager shall not
approve the location of any such main or line at a depth of less than
30 inches from the surface of the street unless he shall be convinced
that locating the same at a depth of more than 30 inches from the
surface is impossible or impractical.
[Ord. 00036, 5/14/2007, § 16]
No company, corporation or association shall dig up any street
or alley without first giving to the Borough a bond with some acceptable
trust or surety company as surety in the sum determined by the schedule
of fees, conditioned for the faithful performance of these provisions
and also for any and all damages, claims, demands, suits, costs and
counsel fees occasioned or arising from the digging up, opening or
closing of said streets and alleys.
[Ord. 00036, 5/14/2007, § 17]
Payment for all work done by the Borough under the provisions
hereof shall be made by the person made liable therefor under the
provisions hereof within 30 days after a bill therefor is sent to
such person by the Borough. Upon failure to pay such charges within
such time, the same shall be collectible by the Borough by an action
in assumpsit or in the manner provided by law for the collection of
municipal claims. In addition, all attorney's fees incurred by
the Borough in collection thereof shall be added to the cost thereof
and be paid by the permit holder.
[Ord. 00036, 5/14/2007, § 18]
Any person who shall violate any provisions of this Part shall,
upon conviction thereof, be sentenced to pay a fine of not more than
$600 for each incident and for each day's violation thereof,
plus costs.
