[Adopted 9-24-1963 by Ord. No. 455]
A. 
Definitions. 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:
EMERGENCY
Any unforeseen circumstance which calls for immediate action.
OPENING
Any excavation or substantial disturbance of the road surface, berm or earth at one or more locations on any street or streets in conjunction with a single undertaking, project or purpose.
[Added 6-21-1988 by Ord. No. 664-C]
PERMITTEE
Any person, as defined herein, who has been issued a permit and has agreed to fulfill all the terms of this article.
PERSON
Any natural person, partnership, firm, association, utility or corporation.
STREET
Any public street, avenue, road, square, alley, highway or other public place located in the Borough of Cheswick and established for the use of vehicles.
APPLICANT
Any person, as defined herein, who makes application for a permit.
B. 
Word usage. In this article, the singular shall include the plural, and the masculine shall include the feminine and the neuter.
[Amended 6-21-1988 by Ord. No. 664-C]
It shall be unlawful for any person to make any opening or excavation of any kind in or under any street without first securing a permit from the Public Works Coordinator for each separate undertaking. Any person making application for a permit shall agree to the terms of this article as hereinafter provided.
[Amended 6-21-1988 by Ord. No. 664-C]
It shall be the duty of the applicant to comply with the following express provisions before a permit shall be granted:
A. 
A written application, on the official form provided for this purpose by the Public Works Coordinator, shall be filed for each and every opening and shall be signed by the responsible person.
B. 
The application shall set forth the purpose of the requested opening.
C. 
The application shall be accompanied by such plans and drawings as may be necessary to provide complete disclosure of the location and nature of the work to be performed.
D. 
Upon initial submission of the application to the Public Works Coordinator, the applicant shall pay the permit fee established by resolution of the Council.
E. 
The applicant shall take out and maintain public liability and property damage insurance in an amount sufficient to indemnify and save harmless the Borough of Cheswick from all liability for damages or injury done to persons and property which may be incurred by reason of such opening or any failure to properly protect, maintain, light, backfill and/or to otherwise properly affect the same. The insurance shall not be in an amount less than $100,000 for injury to person and $40,000 for damage to property. The Borough Engineer shall set the amount of insurance in accordance with the size of the opening.
F. 
The applicant shall deliver to the Borough a deposit or bond in the amount set by the Borough Engineer. This amount shall be calculated according to § 138-18. It shall never be less than $50.
G. 
The applicant shall agree to be responsible for such opening for at least one year after the restoration of the street is accepted by the Borough.
H. 
The application shall designate the date upon which the opening shall be filled and temporarily resurfaced and the date by which permanent resurfacing shall be completed. If approved by the Borough, the final date of permanent resurfacing shall be the expiration date of the permit.
I. 
All applications shall be submitted promptly to the Borough Engineer for approval. In the event that an application is disapproved, the Borough Engineer shall provide the applicant with written notice of such disapproval, stating specific reasons therefor. If the application is approved, the Borough Engineer shall determine the required amounts for liability insurance and the performance bond and shall then transmit the endorsed application to the Public Works Coordinator.
J. 
Upon receipt of an approved application from the Borough Engineer, the Public Works Coordinator shall notify the applicant that a permit will be issued upon submission of proof of the required insurance and payment of the bond set by the Borough Engineer or set by Council pursuant to § 138-17, as the case may be. Upon the applicant's compliance with the conditions of insurance and the bond, the Public Works Coordinator shall issue the permit, which shall bind the permittee to its terms and to the terms of this article.
[Amended 6-21-1988 by Ord. No. 664-C]
A. 
Whenever any public utility or municipal authority maintaining underground facilities shall contemplate more than one street opening in any calendar year, it may apply to the Council for permission to post a single bond to cover any and all street openings during such calendar year. No such permission shall be granted until the applicant has provided the Council with an accurate map of its underground facilities as of the time of the application, along with such plans and drawings as may be necessary to provide complete disclosure of the location and nature of the work to be performed. If the request is granted, the Council shall compute the bond to be required for the calendar year in a manner consistent with the considerations set forth in § 138-18.
B. 
Approval or payment of a bond for the calendar year shall not exempt a public utility or municipal authority from the requirement that a separate permit be secured for each and every street opening. In cases of emergency necessitating expeditious opening of a street, the public utility or municipal authority taking such action shall so notify the Cheswick Borough Police Department and shall make full application for a permit on the first official workday thereafter.
A. 
The Borough Engineer, upon receipt of the properly completed application, shall compute the amount of money to be deposited by the applicant with the Borough of Cheswick to reimburse said Borough for any cost of work and materials furnished for backfilling or refilling the opening or excavation and restoring the surface or replacing the pavement over any such opening or excavation, together with any expenditure for labor or material subsequently necessitated in the maintenance, repairing or resurfacing of any such opening in the street so as to leave any such street in as good condition as it was before such excavation or opening.
[Amended 6-21-1988 by Ord. No. 664-C]
B. 
The amount calculated for deposit shall include the estimated cost of inspection and any other cost that may be directly charged to the opening or excavation of the street.
C. 
The estimated cost shall be increased by 25% to determine the deposit.
D. 
Any portion of the deposit remaining after deduction of the Borough's costs and expenses shall be refunded to the permittee, following final inspection and approval by the Borough Engineer of the repair and restoration of the street surface.
[Added 6-21-1988 by Ord. No. 664-C]
A. 
The permittee shall take every necessary and reasonable precaution to keep the street in a safe and passable condition, both day and night, by guards, barriers, lights and other devices.
B. 
No opening in any streets shall extend beyond the center line of the street before being refilled and the surface of the street restored to a condition safe and convenient for travel.
C. 
No more than 250 feet measured longitudinally shall be opened in any street at any one time.
D. 
No tunneling shall be allowed without express approval of the Borough and permission therefor endorsed on the permit.
E. 
Excavated or other material shall be placed or stored on the side of the operation farthest from the pavement, unless otherwise designated by the Borough Engineer, and in such manner that there will be no interference with the flow of water and/or traffic.
F. 
Where a pipe drain, pipe culvert or other structure or facility is encountered, it shall be replaced, restored, strengthened or protected by the permittee.
G. 
No refilling of such excavation or opening shall be accomplished unless or until the Borough Engineer shall be present.
H. 
All openings and excavations shall be backfilled promptly with suitable materials and thoroughly compacted in layers according to Borough specifications and as the Borough Engineer shall direct.
I. 
Temporary surfacing shall be maintained for a period of at least two weeks free of depressions. After that length of time, the temporary surfacing is to be removed and replaced with surfacing similar to and harmonizing with that destroyed. It shall be accomplished under the direction of the Borough Engineer and in conformity with the Borough specifications.
J. 
All restored surfaces must be at least 12 inches wider on each side than the excavated trench with a minimum depth of eight inches and in all cases at least 25% thicker than the surface removed.
K. 
In no case shall any opening or excavation made by a permittee be considered in the charge or care of the Borough or of any officer or person employed by the Borough, and no officer or employee is authorized in any way to take or assume any jurisdiction over any such opening or excavation, except in the exercise of police power, where and when it is necessary to protect life and property.
After one year, the permanent restoration of the opened or excavated street shall be inspected by the Borough Engineer, who, if restoration shall be satisfactory and up to Borough specification, shall certify that such work is accepted by the Borough. Upon certification of acceptance, the permittee shall be refunded his deposit less all costs incurred by the Borough.
[Amended 6-21-1988 by Ord. No. 664-C]
The Borough Engineer or any other authorized employee of the Borough shall have the right to inspect all work done under a street opening permit and shall see that all terms and provisions of this article are enforced and shall have the power and is hereby directed to prosecute every person violating any of the provisions contained herein. Such inspection shall be done at the sole expense of the permittee.
[Amended 4-21-1987 by Ord. No. 659; 5-17-1988 by Ord. No. 663-C; 6-21-1988 by Ord. No. 664-C]
Any person violating any of the provisions of this article shall be punishable, upon conviction thereof, by a fine of no less than $50 nor more than $1,000 or, upon default in payment of such fine and costs of prosecution, shall be imprisoned for not more than 30 days. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such hereunder.