CROSS REFERENCES
Permits for state highway openings — See § 1020.08.
STATUTORY REFERENCES
"Opening a street" defined — See Borough Code,
8 Pa.C.S.A. § 1701.
Plans submitted and approved prior to — See
Borough Code, 8 Pa.C.S.A. § 1721.2.
Street defined — See Borough Code, 8 Pa.C.S.A.
§§ 101.1 and 1701.
Street opening procedure — See Borough Code,
8 Pa.C.S.A. § 1721.1.
Except for excavations between curb lines and property lines,
which are governed by §§ 1020.04 et seq., and except
for excavations in state highways, which are governed by § 1020.08,
no person shall open or break the surface of the ground within the
boundaries of any Borough highway, road, street, avenue, lane, alley,
sidewalk or footpath, for the purpose of laying pipes, sewers, drains
or conduits of any kind or for making connections therewith or repairs
thereto, or break the surface of any improved sidewalk or curb for
the purpose of building any driveway across the same or occupying
a portion of the highway, street or sidewalk with building or other
materials, without first obtaining from the Building Inspector a permit
therefor and complying with the other requirements specified in this
chapter.
[1]
Editor's Note: Section 1026.02 was repealed by Ord. 535,
passed July 16, 1990.
[Ord. 535, passed 7-16-1990]
Before the issuance of a permit, the applicant shall pay a fee
as set forth in § 208.04(A) of the Administration Code for
each opening or excavation in any highway, road, street, avenue, alley,
sidewalk or footpath.
[Ord. 383, passed 6-5-1978; Ord. 535, passed 7-16-1990]
(A)
No permit shall be issued under this chapter until the application
therefor has been approved by the Borough Engineer. The permit shall
be issued by the Building Inspector and shall not be operative for
more than 60 days from the date of issue. Permits may be renewed for
a like period upon payment of a renewal fee as set by Council from
time to time by resolution. The permit shall at all times be kept
in the possession of a competent person actually engaged in the work,
and upon demand shall be exhibited to any police officer or properly
authorized employee of the Borough, county or state.
(B)
All measurements required to be made in determining the fees set
forth in § 1026.03 shall be made by the Engineer, and shall
include any enlargements of openings which may be required to be made
incident to the repair of such paving or to restore the same to its
former condition.
(C)
No highway, road, street, avenue, lane, alley, sidewalk or footpath
shall be tunneled, except where special written permission therefor
has been granted by the Engineer.
[Ord. 742, passed 12-6-2010]
(A)
Any person who shall make an opening or excavation in any highway
in the Borough shall perform all such opening or excavation work and
the restoration work required hereunder in accordance with the standards
and provisions set forth in 67 Pa. Code § 459.8, as amended.
Likewise, any aboveground construction shall be performed in accordance
with 67 Pa. Code § 459.9. All references in the foregoing
code sections to the "District Office, the Department of Transportation"
or similar reference shall be deemed to be references to the Borough
of Brookhaven.
(B)
In addition to the foregoing work standards, the Borough Engineer
and/or Codes Department shall be entitled to promulgate rules and
regulations governing the opening, excavation, refilling, resurfacing
and repaving of highways in the Borough, and after the same have been
approved by the Council of the Borough and entered upon the minutes
of Council, any work to be done or performed by any applicant or permitted
governed by the terms of this section shall be done in compliance
with such rules and regulations. Copies of said rules and regulations
shall be furnished to any person making application hereunder.
(C)
If and to the extent that any person shall open or excavate any portion
of a highway in a manner which results in 20 linear feet or more of
such highway being excavated on one side of the highway only, then
such person shall be required to repave the highway the full length
of the excavation from the centerline of the highway to the curb on
the side of the highway on which the excavation occurred; or in a
manner which results in 20 linear feet or more of highway being excavated
and such excavation occurs on both sides of the highway, then such
person shall be required to repave the highway the full length of
the excavation from curb to curb.
(D)
Whenever excavations are less than six feet apart, restorations must
include all trenches together in accordance with the regulations.
(E)
Temporary restoration work must be completed no later than 24 hours
after completion of the work for which the digging or exaction was
performed. Permanent restoration work shall commence no earlier than
60 days after such underlying work is completed to allow for settling,
and permanent restoration work shall be completed no later than 90
days after such underlying work is completed, unless the Borough Engineer
shall consent to a longer period of time for completion of the permanent
restoration work. Each day that such restoration work is not completed
in compliance with these timing requirements shall be considered a
separate offense and violation of this section.
[Ord. 139, passed 9-14-1959]
The filling of an application by a public service corporation,
or a utility company whose rates are regulated by the Pennsylvania
State Utility Commission, and the issuance of a permit to such a corporation
or company for the laying of water or gas pipe or conduit for electric
wires or for the erection of an electric light, telephone, telegraph,
trolley or other pole, shall constitute an agreement on the part of
the applicant that it will at any time thereafter, upon notice from
the Borough Engineer, at its own expense, repair and restore openings
in improved or unimproved streets, which openings were made incident
to the work herein described. The permit fees filed by such a company
shall be refunded by the Borough upon the restoration of the street
opening.
[Ord. 139, passed 9-14-1959]
Except as provided in § 1026.06, permanent paving
shall be constructed by the Borough at such time as the Borough deems
proper.
[Ord. 139, passed 9-14-1959]
If, within one year after the restoration and paving of an opening,
defects appear therein resulting from defective backfilling by the
permittee, the applicant shall reimburse the Borough for the costs
of all necessary repairs to the permanent paving. If a utility company
does the complete restoration, the utility company shall also be responsible
for defects in the pavement caused by improper restoration and paving.
[1]
Editor's Note: Section 1026.09 was repealed by Ord. 742,
passed December 6, 2010.
[Ord. 153, passed 6-13-1960; Ord. 535, passed 7-16-1990]
Whenever any excavation is made in the Borough in connection
with any work in progress, wood or metal barricades not less than
three feet in height shall be erected and placed along the length
on each side and at both ends of the excavation, and warning signs
shall be placed on such barricades at not more than 50-foot intervals
along the barricades. Such wood or metal protective barricades shall
be maintained until the work is completed or the danger removed. At
twilight, there shall be placed upon such barricades suitable and
sufficient lights or flares which shall be kept burning throughout
the night during the maintenance of such excavation. The lights or
flares shall be burning at both ends of the excavation and along each
side thereof at intervals of not more than 10 feet.
[Ord. 153, passed 6-13-1960]
No person shall remove or tear down wood or metal barricades
or other protective barriers of any kind provided for the protection
of the public.
[Ord. 153, passed 6-13-1960]
The existence of an excavation without barricades and warning
signs or lights, as set forth in § 1026.10 is hereby declared
to constitute a public nuisance.
[Ord. 535, passed 7-16-1990]
Whenever an unprotected excavation is found to exist, the Building
Inspector shall notify the owner, tenant, occupier, agent, contractor,
subcontractor or worker in charge of the property where the violation
exists to remove or abate the condition or construct a protective
wood or metal barricade, as is required by § 1026.10, within
24 hours from the time of the receipt of such notice.
[Ord. 535, passed 7-16-1990]
If the notice referred to in § 1026.13 is not complied
with within 24 hours of the receipt of such notice and the nuisance
is not abated as directed or the wood or metal barricades are not
constructed as required by § 1026.10, the Building Inspector
may, at his or her discretion, take either or both of the following
actions:
(A)
Cause the issuance of a citation against the alleged offender who
shall thereafter be given a hearing before a District Justice of the
Peace and, if found guilty of a violation of § 1026.13,
shall be punished as provided in § 1026.99; and/or
(B)
Cause the condition to be removed or abated by the Borough either
by the construction of such protective wood or metal barricades as
is deemed proper and safe or by taking any other steps as may be necessary
to make the premises safe. Should the Borough be required to take
such action in order to remove or abate the nuisance or to make the
premises safe, the owner, tenant, occupier, agent, contractor, subcontractor
or worker on the premises shall be chargeable by the Borough with
the cost of such sums expended by the Borough. The Borough shall then
collect the same by a civil action before a District Justice of the
Peace or any court of competent jurisdiction, to reimburse the Borough
for the costs expended in the abatement or elimination of such nuisance.
[1]
Editor's Note: See § 202.99 for general code
penalty if no specific penalty is provided.
