[Adopted 11-4-1991 by Ord. No. 91-2 (Ch. 21, Part 1, of the 2006 codification);
amended in its entirety 5-2-2016 by Ord. No. 2016-1]
A. 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:
EXCAVATION
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."
PERSON
Any natural person, partnership, firm, association, corporation
or municipal authority.
STREET
Any public street, avenue, road, square, alley, highway or
other public place located in the Borough of Prospect 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 of Prospect without
first securing a permit therefor, as hereinafter provided.
Any person who shall desire to make any opening or excavation
in any of the streets in the Borough shall make application to the
Borough Secretary, 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 excavation, and the approximate size or depth thereof,
and shall contain an agreement on the part of the applicant that this
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 the amount
fixed according to a schedule established pursuant to resolution.
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, pursuant
to the fee schedule.
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 include a sketch showing the
exact location of the intended work, an address and a dimension to
the nearest intersection or other landmark, 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 filled. 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 10, 1974, P.L. 852, No. 287, 73 P.S. § 176
et seq., as amended or supplemented from time to time. 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 of Prospect and their
office addresses may be obtained from the Butler County Recorder of
Deeds. At least three working days prior to the proposed start of
work, the applicant or his representative shall contact the PA One-Call
system at 1-800-242-1776, report the proposed work and obtain a serial
number and provide it to the Borough, as no work shall begin until
such date and time as authorized by PA One-Call.
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 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 resulting from defective backfilling
by the applicant, the applicant shall reimburse the Borough for the
cost 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 designated
official, provided that the Borough Secretary may, if he/she deems
it necessary to the proper performance of the work, require that cutting
of the surface of streets and the backfilling of all excavations therein
shall be done by the Borough, in which event the applicant shall pay
the actual cost of the work performed by the Borough.
At least one lane of traffic shall be maintained at all times.
The applicant shall comply with the provisions of PennDOT Publication
203, "Work Zone Traffic Control." No road shall be closed without
giving the Borough at least 72 hours' prior notice to allow time to
notify 911, police, fire departments and other emergency services
and the school district. A detour plan must be submitted and approved
by the Borough. Proper detour signs shall be provided and maintained
for the duration of the work.
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 for 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 and permission therefor
endorsed upon the permit. The backfilling of a tunnel excavation shall
be made only in the presence of the Borough Secretary or an inspector
designated by him and shall be done only in a method approved by him.
E. All openings or excavations shall
be backfilled promptly with modified 2A stones and thoroughly compacted
in layers, each of which layer shall not exceed eight inches in depth.
Backfilling shall be placed to within 10 inches of the surface.
F. 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.
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, and 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 any 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 Secretary 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.
J. The work area shall be swept
clean of debris and mud at the end of each workday. All stored excavated
material shall be covered.
K. In the event that any work performed
by or for a permit holder shall, in the opinion of the Borough Secretary,
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 within
the time fixed by the Borough Secretary, 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, line, construction
or apparatus, the Borough Secretary, 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 Secretary shall give timely notice to all persons
owning property abutting on any street within the Borough of Prospect
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 Secretary. 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 Secretary. If it is sought to excavate
upon or open a sewer within five years after the completion of the
paving, the 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 interfere 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 Secretary and such plan, and the exact location of
such main or line, approved by him. The Borough Secretary 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.
A. No company, corporation or association
shall dig up any street or alley without first giving to the Borough
a bond or equal surety 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.
B. All work shall be guaranteed
for a period of 24 months from the date of final inspection and certification
by the Borough Engineer that the work has been completed in accordance
with the permit. All defects shall be corrected within 48 hours of
Borough notification.
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.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any person who violates or permits a violation of this article
shall, upon conviction in a summary proceeding under the Pennsylvania
Rules of Criminal Procedure, be guilty of a summary offense and shall
be punishable by a fine of not more than $1,000, plus court costs
and reasonable attorneys' fees incurred by the Borough in the enforcement
proceedings. Upon judgment against any person by summary conviction,
or by proceedings by summons on default of the payment of the fine
or penalty imposed and the costs, the defendant may be sentenced and
committed to the county correctional facility for a period not exceeding
30 days. Each day that such violation exists shall constitute a separate
offense, and each section of this article that is violated shall also
constitute a separate offense. In addition to or in lieu of enforcement
under this section, the Borough may enforce this article in equity
in the Court of Common Pleas of Butler County.
The provisions of this article shall not apply to laying sidewalks
or curbs.
As part of the permit application, the applicant shall provide
the Borough with insurance certificates (to be determined, but would
recommend commercial at $1,000,000 each occurrence, $2,000,000 aggregate).