[Adopted 5-1-1989 by Ord. No. 415 (Ch. 154, Art. I, of the
2005 Code of Ordinances)]
A.
EXCAVATION
PERSON
STREET
The following words, when used in this article, 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 article, the term "opening" shall have essentially
the same meaning as excavation.
Any natural person, partnership, firm, association, corporation
or municipal authority.
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.
B.
In this article, the singular shall include the plural
and the masculine shall include the feminine and the neuter.
It shall be unlawful for any person to open
or to make any excavation of any kind in any of the streets in the
Borough without first securing a permit therefor, as hereinafter provided.
Any person who shall desire to make an opening
or excavation in any of the streets in the Borough shall make application
to the 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 of the applicant, the exact location of the proposed opening
or evacuation, and the approximate size or depth thereof, 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.
Before any permit shall be issued to open or
excavate any street in the Borough the applicant shall pay a permit
fee in such minimum amount as fixed by resolution of Council to cover
the cost of inspection and other incidental services in connection
therewith. 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 such rate
as may be fixed by Council for each 100 feet or fraction thereof to
be opened or excavated upon such street.
Permits shall be issued only to persons furnishing
public utility services or the owner or owners of the real property
adjoining the location where such opening or excavation is to be made.
Any permit issued hereunder shall specify the
exact location where the opening or excavation is to be made, the
approximate permitted size or depth thereof and the time within which
the work for which the permit is granted is to be completed.
A permit may be issued to the applicant after
all the requirements therefor have been filed. If the application
is disapproved, written notice of disapproval together with reasons
therefor shall be given to the applicant.
The work authorized by the permit is subject
to all the provisions of the Act of December 12, 1986, P.L. 1574,
No. 172, as amended or supplemented from time to time.[1] It shall be the permittee's responsibility to contact
the utilities that have recorded their facilities in compliance with
said Act. A partial list of utilities providing services in the Borough
and their office addresses may be obtained from the County Recorder
of Deeds.
[1]
Editor's Note: See 73 P.S. § 176 et seq.
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 specifications
of the Borough for restoration of surfaces of streets in the Borough.
As restored, the surface shall conform to the proper grade and shall
comply with all Borough specifications for street reconstruction.
If within two years after the restoration of the surface as herein
provided, defects shall appear therein resulting from defective backfilling
by the applicant, the applicant shall reimburse the Borough for the
costs of all necessary repairs to the permanent paving.
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 article and to the supervision and
approval of the Borough.
A.
No opening or excavation in any street shall extend
from the curbline 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
in travel.
B.
No more than 500 feet longitudinally shall be opened
in any street at any one time.
C.
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.
D.
No tunneling shall be allowed without the express
approval of the Borough Inspector and permission therefor endorsed
upon the permit. The backfilling of a tunnel excavation shall be made
only in the presence of the Borough Inspector and shall be done only
in a method approved by him.
E.
All openings or excavations shall be backfilled promptly
with modified 2A aggregate 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.
F.
A temporary paving of bituminous material, thoroughly
bound and compacted, shall be installed flush with the surface of
the adjoining paving and maintained for a period of 90 days.
G.
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.
H.
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 in accordance with PennDOT Publication 203. All excavating
permits granted 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 a leak, explosion or other injury from any pipe,
apparatus, conduit, or any other matter placed in the said excavation.
I.
The applicant shall notify the Borough Inspector 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 will be permanently restored
so that inspections may be made.
J.
In the event that any work performed by or for a permit
holder shall, in the opinion of the Borough Inspector, be unsatisfactory
and 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 within the time fixed by the
Borough Inspector, 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 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 article
are fully complied with. If any such emergency condition shall not
be immediately attended to by the owner or person responsible for
such pipe, lines, construction, or apparatus, the Borough Manager,
after such notice as he 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.
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 may prescribe.
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 persons 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 it is 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 Council,
and a permit for such opening shall be issued only after express approval
of the Borough Council.
If at any time in the future the roadway is
widened, reconstructed or the alignment or grades are changed, the
permittee further agrees to change or relocate all or any part of
the structures covered by this permit which interferes with the improvement
of the roadway at its own cost and expense.
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 locating 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.
No company, corporation or association shall
dig up any street or alley without depositing a minimum of $100 with
the Borough or posting a bond of equivalent value. The Borough may
require an increase in the amount of security posted by resolution
of the Bath Borough Council. Said secured amounts are posted 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.
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.
A.
Any person, firm or corporation who shall violate
any provision of this article shall, upon conviction thereof, be sentenced
to pay a fine of not more than $600 and/or to imprisonment for a term
not to exceed 90 days.
B.
Every day that a violation of this article continues
shall constitute a separate offense.
[Amended 9-11-1989 by Ord. No. 421]
C.
In addition,
court costs and reasonable attorney fees incurred by the Borough in
enforcement proceedings shall be assessed against violator and awarded
to the Borough.
[Added 11-5-2018 by Ord.
No. 2018-678]
The provisions of this article shall not apply
to laying sidewalks or curbs.
Any person, firm or corporation who shall make
any opening or excavations in any of the streets in the Borough shall
be solely responsible for payment of an inspection fee as set by resolution
of the Bath Borough Council.
