[HISTORY: Adopted by the City Council of the City of Shamokin
as indicated in article histories. Amendments noted where applicable.]
[Adopted 8-15-1950 by Ord. No. 24 (Ch. 50, Art. I, of the 1967 Code)]
[Amended 3-15-1976 by Ord. No. 236; 10-9-2017 by Ord. No. 17-05]
It shall be unlawful for any person or persons, firm, company
or corporation to excavate or tear up any street, lane or alley of
the City of Shamokin for any purpose whatsoever without first procuring
a permit from the Code Officer. A permit is also necessary when a
PA One Call is made to the City of Shamokin. No work may be done for
a period of three days subsequent to notice to the City of Shamokin
or PA One Call. Applications for this permit shall be in writing and
signed by a person duly authorized to act for the person, firm or
corporation for whose use and benefit the excavation is to be made.
Whoever violates any provisions of this section shall be liable to
a penalty of $500 for each and every offense to be recovered as other
fines and penalties are recovered by law.
[Amended 5-26-1977; 10-9-2017 by Ord. No. 17-05]
All streets, lanes and alleys excavated or torn up for the purpose
of laying, re-laying, digging up or repairing of any gas, water or
other pipes and appurtenances and all test holes shall be repaved
and graded immediately after the conclusion of the work. Within 30
days, said repaving must be made permanent. A temporary (cold patch)
may be used subject to availability from November 15 until March 15.
Any thirty-day permanent repaving can be extended by the same number
of days that inclement weather prevents the performance of work as
herein set forth. Tunneling under paved streets is prohibited.
[Amended 3-15-1976 by Ord. No. 236; 5-26-1977]
The permit required by § 50-1 of this article shall
be issued by the Director of the Department of Streets and Public
Improvements or his authorized agent, only upon the following conditions:
A.
The applicant shall enter into an agreement with the City of Shamokin
to perform the work requested in the application for permit, in accordance
with the terms and provisions of this article, and shall file a bond
with the City of Shamokin in a sum equal to double the amount of the
estimated cost of the work, which estimate shall appear in the application
for a permit. The bond shall secure the payment of all costs and expenses
of the work to be performed under the permit and all other fees and
expenses imposed by the terms of this article.
B.
The applicant may, in lieu of bond, before such permit is issued,
deposit with the Department of Streets and Public Improvements a sum
equal to double the amount of the estimated costs and expenses of
the work to be performed as appears in the permit.
C.
The Director of Streets and Public Improvements or his authorized
agent shall, on the first day of each month, render a statement to
the Director of Accounts and Finance of all amounts collected by him
under the terms of this article, and on said date turn over the amount
so collected to the City Treasurer, who will keep a separate account
thereof in a fund, to be known as the "Contingent Fund for Repairs
of Streets."
D.
If the applicant for such permit wishes to excavate for the purpose
of laying sanitary or storm sewer laterals, gas or water service pipes,
the applicant or some person duly authorized to act for him shall
first secure approval of same by the City Engineer and the Director
of Streets and Public Improvements.
[Amended 3-15-1976 by Ord. No. 236]
In case of proposed excavations for laying gas, water, sewer
or other mains, conduits, etc., in streets, lanes or alleys now occupied,
or in case of proposed excavations for laying gas, water, sewer or
other mains, conduits, etc., or re-laying or taking up old ones in
streets already or hereafter occupied, or in case of new proposed
house connections, or in case of proposed excavations for repairing
any gas, water, sewer or other pipes, the person or persons, firm,
company or corporation desiring to make such excavation shall, upon
applying for a permit, submit to and have approved by the City Engineer
a plan and specifications showing the street proposed to be excavated
or torn up, and the location, kind and size of pipes to be laid, relaid
or repaired, under a penalty of $200 for each failure or neglect so
to do.
[Amended 5-26-1977]
The Director of Streets and Public Improvements, or his authorized
agent, shall keep a record of the date of issuing such permit and
of the place, character and extent of each excavation, and upon the
issuing of any permit, he shall forthwith notify the City Engineer
of the place, character and extent of the proposed excavations. It
shall be the duty of the City Engineer and the Director of Streets
and Public Improvements to supervise and approve all repairs made
pursuant to the permit issued.
[Amended 3-15-1976 by Ord. No. 236]
When excavating in any street, lane or alley for the purpose
of laying, re-laying, taking up or repairing any gas, water, sewer
or other pipes, mains or conduits, not more than 400 feet (lineal
measure) shall be opened at one time, under penalty of $50 for each
and every violation hereof.
[Amended 3-15-1976 by Ord. No. 236; 10-9-2017 by Ord. No. 17-05]
No portion of any street, lane or alley shall be or remain impassable
for vehicular or pedestrian traffic by reason of any excavation for
laying, re-laying or taking up mains, conduits or other pipes or appurtenances
for more than one day from beginning of any work on the same under
penalty of $100 for each and every day over the one-day period. Additionally,
the entity responsible for the construction must be responsible for
traffic control and proper signage, including any detours which are
required. The 911 Center shall, in each case, be notified at least
24 hours in advance of such proposed street closing.
[Amended 3-15-1976 by Ord. No. 236]
No portion of any street, lane or alley shall be or remain impassable
for vehicular or pedestrian traffic by reason of any excavation for
repairing mains, conduits or other pipes or appurtenances, or for
laying or re-laying new house connections, for more than two days
from the beginning of any work on same, under penalty of $25 for each
and every day over two days. The Shamokin Fire Department shall, in
each case, be notified at least 24 hours in advance of such proposed
street closing.
[Amended 3-15-1976 by Ord. No. 236]
No intersection of the streets, lanes or alleys of the City
shall be or remain impassable for vehicular or pedestrian traffic
for more than five hours during the work upon any excavation mentioned
in this article, under penalty of $50 for each and every hour over
five hours.
[Amended 10-9-2017 by Ord. No. 17-05]
In making any excavations authorized by any permit issued under
the terms of this article, all excavated materials must be removed
and replaced with PennDOT-approved materials. The materials intended
to be covered by this section are:
[Amended 5-26-1977]
In refilling excavations on paved streets, before the pavement
is replaced, six inches of pavement and foundation shall be broken
down on all sides of the trench or opening made in such pavement after
the excavation proper has been refilled. In refilling, the soil shall
be firmly tamped with regular tamping bars and filled to grade by
the holder of the permit, but all such refilling shall be done under
the supervision and inspection of the City Engineer or, in his absence,
by his authorized agent, and not otherwise. In the event resettling
shall occur, the applicant shall be required to repair the excavation
to the prior existing street grade.
Every person making or superintending any excavation shall exhibit
the permit issued therefor to the Director of Streets or any policeman
when required so to do. It shall be the duty of any such officer to
report to the Director of Streets and Public Improvements the name
of the person, firm, company or corporation making any excavation
without such permit or who is violating or who has violated any of
the provisions of this article, and the Director of Streets and Public
Improvements is hereby charged with the duty of enforcing the provisions
of this article.
[Amended 10-9-2017 by Ord. No. 17-05]
Any person, firm or corporation, whether owner or contractor,
excavating or tearing up any street, lane or alley or the City for
any purpose whatsoever shall place good and sufficient guards by day
about such excavations and amber flashing lights on barricades at
night from sunset until sunrise at each end of such excavation and
at every intersection of such excavation within any street, alley
or sidewalk and at sufficient closed intervals everywhere to give
effective notice of such excavation. In addition, any steel plates
which are used must be pinned and marked with cones and reported to
the Street Department of the City of Shamokin. The issuance of a permit
under the terms of this article shall not operate to release the holder
thereof from any liability for damages on account of any negligence
upon the part of the holder of the permit or any employees thereof,
on or about any excavation authorized by such permit.
[Amended 8-1-1960; 8-3-1970; 3-15-1976]
The charge or fee for excavation permits under this article
shall be as follows:
A.
On all streets or alleys paved with concrete, and on all streets
or alleys having a concrete base and a brick, asphalt or bituminous
wearing surface: $75 per square yard. The minimum charge shall be
not less than $75 for any one excavation.
[Amended 5-12-2008 by Ord. No. 08-03]
B.
On all bituminous-surfaced streets or alleys: $30 per square yard.
The minimum charge shall be not less than $30 for any one excavation.
C.
On all dirt or unimproved streets or alleys: $20 for each excavation
unit of two square yards or less. The minimum charge shall be not
less than $20 for any one excavation.
D.
No test holes shall be made on any of the streets until approved
by the Director of Streets or his authorized agent, who shall check
during the drilling to see that no sewer lines are damaged. The charge
for each test hole therein shall be $10, plus the cost of the inspector
and the cost of repairing same.
E.
On all streets or alleys paved with concrete, brick or stone base, or topped with ID-2 or similar bituminous material, the fee for a permit to make an opening therein shall be five times the cost of repair during the first year after the improvement to said street or alley; four times the cost of repair during the second year after the improvement to the street or alley; three times the cost of repair during the third year after the improvement to the street or alley; double the cost of repair during the fourth year after the improvement to said street or alley; and such amounts as set forth in Subsections A, B, C and D of this section during the fifth and succeeding years after the improvement to the street or alley.
F.
The cost of a permit issued under this article shall be $5 for the
first 30 feet or fraction thereof in length and $5 for each succeeding
30 feet or fraction thereof.
[Added 5-26-1977]
[Amended 3-15-1976; 6-11-1990]
Any person, firm or corporation who shall violate or fail to
comply with any of the provisions of this article shall, upon conviction
thereof before any Magisterial District Judge, be sentenced to pay
a fine of not less than $100 and not more than $300, and costs of
prosecution and/or suffer imprisonment for up to 180 days, or both.
The continuation of such violation for each successive day shall constitute
a new and separate offense, and the person or persons allowing the
continuation of the violation may be punished as provided above for
each separate offense.
[Adopted 7-11-1994 by Ord. No. 368 (Ch. 50, Art. II, of the 1967 Code)]
A.
PERSON
STREET
Definitions. As used in this article, the following terms shall have
the meanings indicated:
Includes any natural person, partnership, firm, association
or corporation.
Any public street, avenue, road, square, alley, highway or
other public place located in the City of Shamokin and established
for the use of vehicles.
B.
Word usage. 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 street in the City of Shamokin except in and upon
those portions thereof established for the use of vehicles.
It shall be unlawful for any person to open or to make any excavation
of any kind in any of the streets in the City of Shamokin 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 City of Shamokin shall make application
to the City Clerk, in writing, for a permit therefor. Such application
shall be made upon blanks to be furnished by the City 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 the work
shall be done in full compliance with the ordinances of the City and
the laws of the commonwealth in relation thereto and that the applicant
shall well and truly save, defend and keep harmless the City from
and indemnify it against any and all action, suits, demands, payments,
costs and charges arising from 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.
[Amended 5-12-2008 by Ord. No. 08-03]
Before any permit shall be issued to open or excavate any street
in the City, the applicant shall pay to the City Code Officer a permit
fee in the minimum amount of $100 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 the rate of $100 for each 100 feet or fraction
thereof to be opened or excavated upon such street.
A.
Any person who shall open or excavate any improved street in the
City shall thoroughly and completely refill the opening or excavation,
puddling and ramming so as to prevent any settling thereafter, and
shall restore the surface to the same condition as it was before the
opening or excavation. When more than 1/3 of a thoroughfare is affected
by the ditch or trench (including a one-foot cutback on each side),
the applicant must resurface the width of a thoroughfare as established
by the Code Enforcement Officer of the City of Shamokin or his representatives.
Both sides and ends of the thoroughfare must be milled to a tapered
depth of two inches to accept paving. 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.
[Amended 10-9-2017 by Ord. No. 17-05]
B.
If, within five 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 City 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 the applicant at his expense, and all such work shall be subject
to the provisions of this article and to the supervision and approval
of the Street Department, provided that the Street Department may
require that cutting of the surface of improved streets and the backfilling
of all excavations therein shall be done by the City, and the charge
therefor shall be paid by the applicant on the basis of actual cost
of the work, plus 20%.
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 connection 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
Street Department and permission therefor endorsed upon the permit.
The backfilling of a tunnel excavation shall be made only in the presence
of the Street Department or an inspector designated by it and shall
be done only in a method approved by it or him.
E.
All openings or excavations shall be backfilled promptly with suitable
materials, thoroughly compacted in layers, each of which shall not
exceed six inches in depth. On improved streets, the backfilling shall
be placed to within 10 inches of the surface.
F.
On improved streets, a temporary paving of suitable stony materials,
thoroughly bound and compacted, shall be installed flush with the
surface of the adjoining paving.
G.
During the making of any excavation in any 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. All excavating permits 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 City 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 said excavation.
H.
The applicant shall notify the Street Department when the opening
or excavation is ready for backfilling before any backfilling is done
and when the work is completed by proper backfilling in the case of
unimproved streets and by temporary paving in the case of improved
streets.
I.
In the event that any work performed by or for a permit holder shall,
in the opinion of the Street Department, be unsatisfactory and if
same shall not be corrected within 20 days after notice to correct
is sent by the Street Department to the permit holder, or in the event
that the work for which the permit was granted is not completed within
the time fixed by the City Clerk, the City may proceed to correct
such unsatisfactory work or complete any such work not completed and
charge the cost thereof, plus 20%, to the applicant.
J.
No construction materials or equipment shall remain on the streets
of the City of Shamokin overnight or in lanes of traffic located within
the City of Shamokin.
[Added 10-9-2017 by Ord.
No. 17-05]
K.
No cut, opening or excavation of any nature shall be allowed in the
streets, lanes or alleys of the City of Shamokin between November
15 of one year and March 15 of the next succeeding year, except in
the case of unavoidable accident or sudden emergency when an emergency
permit shall be issued by special authorization of the Code Officer.
[Added 10-9-2017 by Ord.
No. 17-05]
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 Street Department, 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.
The Street Department shall give timely notice to all persons
owning property abutting on any street within the City about to be
paved or improved and to all public utility companies operating in
the City. 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 said street within 30 days from the giving
of such notice, unless such time is extended, in writing, for cause
shown, by the Street Department.
New paving shall not be opened 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 of such paving
to be determined by the Street Department. If it is sought to excavate
upon or open a street within five years after the completion of the
paving thereof for any other reason than an emergency as above stated,
the applicant shall make written application to the City Council,
and a permit for such opening shall only be issued after express approval
of Council.
No new water or gas main shall hereafter be laid or constructed
and no existing water or gas main shall be extended in any of the
streets of the City until the exact location thereof and the plan
therefor shall have been first approved by the City Council.
Payment for all work done by the City 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 City. Upon failure to pay such charges within such time, the
same shall be collectible by the City in the manner provided by law
for the collection of municipal claims.
