[Adopted 1-2-1996 by Ord.
No. 96-3]
The following words, when used in this article, shall have meanings
ascribed to them in this section, except in those instances where
the context clearly indicates otherwise:
The Borough of Green Lane, Montgomery County, Pennsylvania.
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 of Green Lane and established
for the use of vehicles, but shall not include state highways.
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In this article, the singular shall include the plural and the
masculine shall include the feminine and the neuter.
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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 any opening or excavation
in any of the streets in the Borough shall make application to the
Borough Secretary, or in the absence thereof, to such other person
as designated by Borough Council, pursuant to a resolution in writing
for that purpose. Such application shall be made upon forms 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 and 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 the amount
fixed according to a schedule established pursuant to a resolution.
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 or within
reasonable proximity thereto.
Any permit issued hereunder shall specify the exact location
where the opening or excavation is to be made, the approximate permitted
size and 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 satisfied. 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 and their office
addressed may be obtained from the County Recorder of Deeds.
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 Borough for the 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 the permit has been issued at his or
her or its expense, and all such work shall be subject to the provisions
of this article and to the supervision and approval of the Road Master,
or in the absence thereof, to such other person as designated by Borough
Council, provided that the Road Master may, if he 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 actual cost of the work performed by 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 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 subsurfaces, 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
Road Master, or in the absence thereof, such other person as designated
by Borough Council, and permission therefor endorsed upon the permit.
E.
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.
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.
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 excavations, or by any leak,
explosion or other injury from any pipe, apparatus, conduit, or any
other matter placed in the said excavation.
H.
The applicant shall notify the Road Master, or in the absence thereof,
such other person as designated by Borough Council, when the opening
or excavation is ready for backfill 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.
I.
In the event that any work performed by or for a permit holder shall,
in the opinion of the Road Master, or in the absence thereof, such
other person as designated by Borough Council, 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
Road Master, or in the absence thereof, such other person as designated
by Borough Council, the Borough may proceed to correct such unsatisfactory
work cost thereof, plus 20%, to the applicant.
J.
Monuments of concrete, iron, or other lasting material set for the
purpose of locating or preserving the lines of any street of property,
subdivision, or a precise survey reference point or a permanent survey
bench mark within the Borough shall not be removed or disturbed or
caused to be removed or disturbed unless permission to do so is first
obtained in writing from the Road Master, or in the absence thereof,
such other person as designated by Borough Council. Permission shall
be granted only upon condition that the applicant shall pay all expenses
incident to the proper replacement of the monument.
K.
When the work performed by the applicant interferes with the established
drainage system of any street, provision shall be made by the applicant
to provide proper drainage to the satisfaction of the Road Master,
or in the absence thereof, to such other person as designated by Borough
Council.
L.
When any earth, gravel, or other excavated material is caused to
roll, flow, or wash upon any street, the applicant shall cause the
same to be removed from the street within 24 hours after deposit.
In the event the earth, gravel or other excavated material so deposited
is not removed, the Borough shall cause such removal and the cost
incurred shall be paid by the applicant.
M.
Access to private driveways shall be provided except during working
hours when construction operations prohibit provision of such access.
Free access must be provided at all times to fire hydrants.
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 such person comply with all other provisions of this article.
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 Road Master, or in the absence thereof, such other
person as designated by Borough Council, after such notice as he shall
deem necessary under the circumstance of the particular case, shall
proceed to cause to be done 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 Road Master, or in the absence thereof, such other person
as designated by Borough Council, shall give timely notice to all
persons owning property abutting on any street with 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 Road Master, or in the absence thereof, such
other person as designated by Borough Council. New paving shall not
be opened or excavated for a period of five years after the completion
thereof, except in case of emergency, and the necessity for the opening
or excavating of such paving to be determined by the Road Master,
or in the absence thereof, such other person as designated by Borough
Council. 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 Secretary, and a permit for such opening
shall be issued only after express approval of the Borough Council.
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 Road Master, or in the absence thereof, such other person
as designated by Borough Council, and such plan and the exact location
of such main or line approved by him. The Road Master, or in the absence
thereof, such other person as designated by Borough Council, 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.
Payment for all work done by the Borough under the provision
of this article shall be made by the person made liable for such work
by the terms of this article. The Borough shall send a bill for any
such work to the person liable to pay for such work by certified mail
to the last known mailing address of such person. The person liable
for payment of such bill shall make payment to the Borough within
30 days of that person's receipt of the bill. In the event that
person fails to make full payment of the bill within 30 days, the
Borough may proceed to collect the amount due in the manner provided
by the terms of this article or other applicable law.
The Green Lane Marlborough Joint Authority shall be exempt from
permit fees only; however, they shall be subject to all administrative
costs.
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 in default of payment, to imprisonment
for a term not to exceed 90 days. Every day that a violation of this
article continues shall constitute a separate offense.
The provisions of this article shall not apply to laying sidewalks
or curbs.
All ordinances or parts of ordinances which are not consistent
herewith are hereby repealed.
If any sentence, clause, section, or part of this article is
for any reason found to be unconstitutional, illegal or invalid, such
unconstitutionality, illegality or invalidity shall not affect or
impair any of the remaining provisions, sentences, clauses, sections
or parts of this article. It is hereby declared as the intent of the
Borough Council that this article would have been adopted had such
unconstitutional, illegal or invalid sentence, clause, section or
part thereof not have been included herein.
This article shall become effective immediately upon its passage.
