[Ord. 1332, passed 7-24-2006]
These regulations are adopted and implemented to achieve the
following general purposes and objectives:
(a)Â
To regulate the opening, excavation and tunneling under streets and
rights-of-way of the Town of McCandless.
(b)Â
To require a permit and payment of a fee.
(c)Â
To provide for the protection, refilling, resurfacing and repairing
of excavations.
(d)Â
To prescribe insurance and deposit requirements.
(e)Â
To prescribe penalties for violations.
[Ord. 659, passed 9-23-1974; Ord. 1332, passed 7-24-2006]
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:
All digging, trenching, tunneling, boring, driving or any
other means of disturbing an improved or unimproved area within the
street.
Includes any natural person, partnership, firm, association
or corporation.
Any public street, avenue, road, square, alley, highway or
any other public or private right-of-way or public grounds owned or
maintained by the Town of McCandless, and shall include all improved
or unimproved areas within these rights-of-way.
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The singular shall include the plural and the masculine shall
include the feminine and the neuter.
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[Ord. 1332, passed 7-24-2006]
It shall be unlawful for any person to cause an excavation in
any street within the Town of McCandless unless such person shall
first have obtained a permit as herein provided.
[Ord. 1332, passed 7-24-2006]
(a)Â
Any person desiring to make an excavation in any street within the
Town of McCandless (Town) shall make application to the Town. Such
application shall include all information as required by the Town.
(b)Â
The applicant covenants and agrees that the proposed work shall be
done in full compliance with the ordinances of the Town of McCandless
and the laws of the Commonwealth of Pennsylvania in relation to such
work, and that the applicant shall well and truly save, defend and
keep harmless the Town of McCandless from and indemnify it against
any and all actions, suits, demands, payments, costs and charges for
or by reason of the proposed 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.
(c)Â
Each applicant shall provide the Town of McCandless with three copies
of a drawing indicating the location and amount of work to be performed.
(d)Â
All street excavations will comply with the terms as set forth in
the "General Provisions and Specifications Regulating Street Excavations",
as adopted by resolution of Town Council. A copy of which will be
given to each applicant.
[Ord. 1332, passed 7-24-2006]
(a)Â
Each applicant shall provide the Town of McCandless with an acceptable
certificate of insurance naming the Town as an additional insured
and indicating the applicant is insured against claims for damages
for personal injury, as well as claims for property damage which may
arise from or out of the performance of the work, whether by it, his
subcontractor, or any one directly or indirectly employed by the applicant.
Such insurance shall cover collapse, explosive hazards, and underground
work by equipment on the street, and shall include protection against
liability arising from all operations whether completed or in progress.
(b)Â
The amount of liability insurance for bodily injury in effect shall
not be less than $1,000,000 for each person, and for property damages
not less than $1,000,000 with an aggregate of not less than $2,000,000
for each occurrence. Such certificates may be filed with the Town
of McCandless on an annual basis.
[Ord. 1332, passed 7-24-2006]
Before any permit for excavation in any street in the Town of
McCandless is issued, the applicant shall pay a permit and inspection
fee as established by resolution of Town Council.
[Ord. 1332, passed 7-24-2006]
(a)Â
Each applicant shall provide the Town of McCandless with a surety
bond written by a surety company authorized to do business in the
Commonwealth of Pennsylvania, cash or a certified check to guarantee
the restoration of the disturbed area of excavation as required by
this ordinance in an amount established by resolution of Town Council.
Said bond, deposit of cash or certified check shall be retained for
one year from the date of completion of the work. In the event the
restoration of the surface of the excavated street is deemed to be
improper, faulty, defective or not completed in a timely fashion,
then in each case the permit holder shall be given a ten-day written
notice by the Town of McCandless to make such repair or restoration
as may be required. Upon the failure of the permit holder to comply
with the terms of the notice, the Town of McCandless is hereby authorized
to have such repair or restoration completed and to charge the cost
thereof to the permit holder. Any subsidence or any other defect which
can be attributed to improper restoration within one year of the completion
of the work shall be considered to be the responsibility of the permit
holder and the permit holder shall be required to correct improper
restoration as set forth in this ordinance. At the expiration of the
one year, the Town of McCandless shall return or refund to the permit
holder the bond, cash, or certified check or that portion of the same
to which the permit holder is entitled.
(b)Â
A public utility shall be permitted to file one continuing form of
security for street opening work done within the Town of McCandless.
Such security is to be in the minimum amount as established by resolution
of Town Council.
[Ord. 1332, passed 7-24-2006]
In the event of a leak, explosion or other accident to any subsurface
pipe, line, construction or apparatus, it shall be lawful for the
person owning or responsible for the same 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 last
business day thereafter, and that all other provisions of this ordinance
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 Town of McCandless
may proceed to do the work necessary to remedy the situation and the
owner or person responsible will be charged for such work on the basis
of cost incurred by the Town.
[Ord. 1332, passed 7-24-2006]
Payment for any work done by or for the Town of McCandless shall
be made by the person made liable therefore under the provisions hereof
within 30 days after being invoiced for same. Upon the failure to
pay such charges, the charges shall be collectible by the Town of
McCandless in the manner provided by law.
[Ord. 1332, passed 7-24-2006]
Any person, whether as principal, employee or agent, violating
or assisting in the violation of any of the provisions of this ordinance
shall, upon conviction thereof before any Magisterial District Justice
in the Town of McCandless, pay a fine of $500, and in default of the
payment of such fine and costs of prosecution including attorney's
fees and costs, shall be imprisoned for not more than 30 days.
