[Ord. 6-1995, 5/11/1995]
Any public or private street, avenue, alley, sidewalk or
other public way within the Borough of Braddock Hills.
[Ord. 6-1995, 5/11/1995]
[Ord. 6-1995, 5/11/1995]
Any person who shall desire to make any opening or excavation
in any street in the Borough of Braddock Hills shall make application
to the Secretary in writing for the purpose. The application shall
be made upon blanks furnished by the Borough of Braddock Hills and
shall set forth the name of the applicant, the exact location of the
proposed opening or excavation, and the approximate size or depth
of the opening or excavation, and shall contain an agreement on the
part of the applicant that the work will be done in full compliance
with the ordinances of the Borough of Braddock Hills and the laws
of the Commonwealth of Pennsylvania in relation to the subject, and
that the applicant shall well and truly save, defend and keep harmless
the Borough of Braddock Hills 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 with in or from any other
matter, cause or thing relating to it.
[Ord. 6-1995, 5/11/1995; as amended by Ord. 5-1998, 8/12/1998]
Before any permit fee shall be issued to open or excavate any
street in the Borough, the applicant shall pay to the Borough Secretary
a permit fee in an amount as established from time to time by resolution
of Borough Council to cover the cost of inspection and other incidental
services in connection with openings or excavations up to 25 square
feet. When application shall be made to open or excavate any longitudinal
opening or excavation in excess of 25 square 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 in an amount as established
from time to time by resolution of Borough Council for each lineal
foot beyond 25 square feet or any fraction thereof. Any trench opening
or excavation shall not exceed three feet in width.
[Ord. 6-1995, 5/11/1995]
Before opening or excavating any street, a bond shall be deposited
with the Borough Secretary either in cash or by approved surety the
minimum amount of $100 for the first 10 feet of excavation and $5
for each foot or a fraction of a foot thereafter, but not to exceed
a bond of $10,000. The bond is to be retained by the Borough Secretary
until the pavement has been open and torn or removed shall be replaced
in accordance with the specifications set forth in this Part and in
accordance with Borough of Braddock Hills specifications for streets
called "Plan of Details" drawn May 1977 and revised May 22, 1981,
prepared by the Engineer. Upon the Secretary receiving written notification
from the Engineer that all such specifications have been complied
with, then the bond shall be returned.
[Ord. 6-1995, 5/11/1995]
Any person who shall open or excavate any street in the Borough
of Braddock Hills shall first obtain the plan of details referred
to above and shall comply with it.
[Ord. 6-1995, 5/11/1995]
1.
Any person
who shall open or excavate any street shall perform the following:
A.
Unimproved
Streets. All ditches to be opened shall be a minimum width required
for installation, but in no case more than two feet plus the width
of the utility installed. After installation of utility, backfill
shall be composed of original excavated material, thoroughly tamped
to a point not to exceed six inches above constructed utility. The
remainder of the ditch will be filled with granular material PennDOT
No. 57, thoroughly compacted to a point six inches below the existing
surface, and the existing surface to be replaced to its natural condition.
The unused excavated material to be removed from site of construction.
B.
Improved
Streets.
(1)
Asphalt Streets. The edges of the asphalt shall be cut neat by sawing or power spading to a width of one foot beyond both sides of the width of the ditch. The existing base shall also be cut to the same width the method of backfilling shall be the same as in Subsection 1A of this Section, but the top 9 1/2 inches shall be made of a six inch reinforced concrete slab Class "A" mix for the full width of the opened pavement and contain one-half inch reinforcing bars spaced 16 inches o.c. across the ditch. The remaining 2 1/2 inch ID-2 asphalt binder material capped with one inch ID-2 asphalt wearing course properly compacted to the level of the existing pavement.
(2)
Brick Streets. The brick surface shall be removed to a width of one foot beyond both sides of the width of the ditch to a depth of six inches below the surface. The method of backfilling shall be the same as in Subsection 1A of this Section. Instead of replacing the brick surface, the top six inches shall be reinforced concrete, Class "A" mix containing one-half inch reinforcement bars spaced 16 inches o.c. across the width of the opening. The surface of the concrete shall be "broom" finished and level with the surface of the surrounding pavement.
(3)
Concrete Streets. The concrete surface shall be removed to a width of one foot beyond both sides of the width of the ditch to the depth of the existing concrete and shall be carefully removed by cutting with a power saw. The method of backfilling the trench shall be the same as Subsection 1B(1) of this Section. The replaced concrete shall be the same thickness as the original surface and shall contain one-half inch reinforcing bars spaced 16 inches o.c. across the opening. The surface of the concrete shall be "broom" finished and level with the surface of the surrounding pavement.
(4)
Sidewalk Areas.
(a)
Where utilities are contemplated to be placed in sidewalk areas, where those sidewalk areas are paved with brick or concrete, then the complete sidewalk shall be removed and replaced. The contractor shall replace original brick where brick sidewalk is removed, and where concrete sidewalk is removed, he shall replace with a four-inch thick concrete sidewalk to its original dimensions. Where no improved sidewalk is encountered, then backfill shall be completed as in Subsection 1A of this Section.
(b)
If within two years after the restoration of the surface as provided
in this Section, defect shall appear in the surface resulting from
defective backfilling by the permit holder, the permit holder shall
reimburse the Borough of Braddock Hills for the cost of all necessary
repairs to the permanent paving.
[Ord. 6-1995, 5/11/1995]
All 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 the work shall be subject
to the provisions of this Part and to the supervision and approval
of the Engineer.
[Ord. 6-1995, 5/11/1995]
1.
No opening
or excavation in any street shall extend from the curb line into the
highway a distance greater than one foot beyond the centerline of
the street before being refilled and the surface of the highway restored
to a condition safe and convenient for travel.
2.
No more
than 500 feet longitudinally shall be opened in any street at any
one time.
3.
The work
of excavation shall be so conducted as not to interfere with the water
mains, sewers or their connections with buildings or any other subsurface
lines or construction, until permission of the proper authorities
in connection with those subsurface lines or construction shall have
been obtained.
4.
No tunneling
shall be allowed without the express approval of the Engineer and
permission for tunneling endorsed upon the permit. The backfilling
of a tunnel excavation shall be made only in the presence of the Engineer
or Street Inspector designated by the Engineer, and shall be done
only in a method approved by him.
6.
On improved
streets, if the Engineer shall require a temporary paving or suitable
stony materials, thoroughly bound and compacted, shall be installed
flush with the surface of the adjoining paving.
7.
During
the making of any excavation in any street, every necessary and reasonable
precaution shall be taken by the permit holder 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 are granted under and subject to the express
condition that the person to whom the permit is issued shall indemnify,
save and keep harmless the Borough of Braddock Hills from any loss
in damages, or otherwise whatsoever, which may or shall be occasioned
at any time by the excavation, or by any leak, explosion or other
injury from a pipe, apparatus, conduit or any other matter placed
in the excavation.
8.
The applicant
shall notify the Secretary when the opening or excavation is ready
for backfilling before any backfillng is done.
9.
In the event any work performed by or for a permit holder shall, in the opinion of the Engineer, be unsatisfactory, and the unsatisfactory work 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 Secretary, the Borough of Braddock Hills may proceed to correct the unsatisfactory work or complete any work not completed, and charge the cost of the work done by the Borough of Braddock Hills, plus 20%, to the applicant. The cost of the work plus the 20% shall be deducted from the bond posted; and if a deficiency remains, then the Borough of Braddock Hills shall be entitled to recover as set forth in § 21-113 or sue in assumpsit for the deficiency.
[Ord. 6-1995, 5/11/1995]
In the case of any leak, explosion or other accident in any
subsurface pipe, line, construction or apparatus, it shall be unlawful
for the person owning or responsible for that pipe, line, construction
or apparatus to commence an excavation to remedy that condition before
securing a permit, provided that application for a permit shall be
made immediately and not later than the next business day afterward,
and that all other provisions of this Part are fully complied with.
If any such emergency condition shall not be immediately attended
to by the owner or person responsible for the pipe, line, construction
or apparatus, the Borough of Braddock Hills, after that notice as
the Engineer and Solicitor shall deem necessary under the circumstances
of the particular case, shall proceed to do the work necessary and
required by the emergency, and charge for the work on the basis of
cost plus 20% to the owner or person responsible.
[Ord. 6-1995, 5/11/1995]
The Borough of Braddock Hills shall give timely notice to all
persons owning property abutting on any street within the Borough
about to be paved or improved, and to all public utility companies
operating in the Borough, and all those persons and utility companies
shall make all water, gas or sewer connections, as well as any repairs
thereto which would necessitate excavation of the street within 30
days from the giving of notice, unless the time is extended in writing
for cause shown by the Borough. New paving shall not be opened for
a period of five years after the completion of the paving for any
other reason than an emergency as above stated, the applicant shall
make written application to Council, and a permit for that opening
shall only be issued after express approval of Council.
[Ord. 6-1995, 5/11/1995]
No new water or gas main shall in the future be laid or constructed,
and no existing water or gas main shall be extended in any street
of the Borough of Braddock Hills until the exact location of it and
the plan for it shall have been first approved by Council.
[Ord. 6-1995, 5/11/1995]
Payment for all work done by the Borough of Braddock Hills under
the provisions of this Part shall be made by the person made liable
for payment under the provisions of this Part within 30 days after
a bill for the work is sent to that person by the Borough. Upon failure
to pay those charges within that time, the amount shall be collectible
by the Borough in the manner provided by law for collection of municipal
claims.
[Ord. 6-1995, 5/11/1995; as amended by Ord. 5-1998, 8/12/1998]
Any person, whether as principal, agent or employee, who violates
or assists in the violation of this Part shall, upon conviction thereof,
be sentenced to pay a fine of not less than $100 nor more than $1,000
plus costs and, in default of payment of said fine and costs, to a
term of imprisonment not to exceed 30 days. Each day that a violation
of this Part continues shall constitute a separate offense.
[Ord. 6-1995, 5/11/1995]
The provisions of this Part shall not apply to laying sidewalks
or curbs, or to the planting of poles.
[Ord. 2-1990, 7/3/1990]
1.
From and
after the passage and approval of this Part, the following regulations
shall govern the width and construction of all streets and highways
in the Borough of Braddock Hills whether the same be built and constructed
by the Borough of Braddock Hills, or constructed by private persons,
firms or corporations within the limits of the Borough of Braddock
Hills.
A.
Grades.
The street grades shall be submitted to the Borough Engineer for approval.
B.
Preparation
of Streets for Paving.
(1)
Where slopes, fills, embankments, walls or culverts are necessary
and required, the same shall be presented to the Borough Engineer
for approval.
(2)
Sanitary sewers shall not be constructed or laid until a permit shall
be secured from the Commonwealth of Pennsylvania and plans approved
by the Borough Engineer.
(3)
Storm sewers shall be constructed under the supervision of the Borough
Engineer only after the plans, size of pipe, pipe material, etc.,
have been approved by the Borough Engineer and the respective utility
company.
(4)
All water, gas, steam pipes or conduits shall be laid prior to street
construction, and the laterals, branches or extensions of same shall
be extended to the inside lot line of the curb under the supervision
of the Borough Engineer.
C.
Street
Width. The paved surface of the streets between curbs shall be as
more fully set forth in the "Standards for Construction" attached
to this Part as Exhibit "A."
D.
Street
Construction. The street construction shall be as more fully set forth
in the "Standards for Construction" attached to this Part as Exhibit
"A."
E.
Bonds.
A labor and material, and a maintenance bond for a period of two years,
shall be furnished by every contractor in favor of the Borough of
Braddock Hills prior to all street construction in an amount equal
to 100% of the cost of the improvements for each of the required bonds.
[Ord. 2-1990, 7/3/1990]
Every public highway, street, avenue, lane or alley or part
thereof and the sidewalks thereof when included as part of the improvement,
the setting of curbstones and the providing for the draining thereof,
may be graded, paved and otherwise improved; and notice of payment
of cost and expense of the same shall be given to the owners of the
real estate bounding and abutting along the line of said improvement.
Said cost and expense, upon the abutting real estate, shall be assessed
in accordance with the foot-front or benefit rule as is provided by
law.
[Ord. 2-1990, 7/3/1990]
Any assessment authorized under this Part shall be paid either
in full, within 60 days' after notice of such assessment shall have
been given to the party assessed, or in four equal semi-annual installments,
the first of which shall be due and payable within 60 days after such
notice. All assessments, whether paid in full or in installments,
shall be payable to the Borough Treasurer.
[Ord. 2-1990, 7/3/1990]
If any assessment authorized under this Part shall not have
been paid in full, or if an installment payment of one-fourth the
total amount of such assessment shall not have been made within 60
days after notice shall have been given to the party assessed, the
entire assessment shall be due and it shall be the duty of the Solicitor
to collect the same, with interest from the date of completion of
the improvement, in any manner provided by law.
[Ord. 2-1990, 7/13/1990]
In case the party against whom an assessment shall have been made under this Part shall have paid an installment of ¼ of the total amount thereof within 30 days after notice of such assessment, such party shall pay the remaining 3/4 of such assessment in three subsequent semiannual installments, the first of which shall be due within six months after the first installment became due and the remaining installments shall become due at six-month intervals thereafter. All such installments shall bear interest at the rate of 6% per annum, commencing 30 days after the notice of total assessment referred to in § 21-202.
[Ord. 2-1990, 7/3/1990]
Whenever the Borough of Braddock Hills is ready to pave or improve
any street, or part thereof, the owners of all properties, improved
or unimproved, abutting upon such street or part thereof, upon 10
days' notice, are hereby required, at their expense, before the paving
or improvement thereof, to connect their respective properties with
all sewer, water and gas lines laid along said street, by laying branch
pipes from said main lines to the curb.
[Ord. 2-1990, 7/3/1990]
Upon failure of the owners of property abutting streets to be
paved or improved to comply with the notice to make house connections
with utility pipes, the Borough of Braddock Hills may do the same
or cause the same to be done and may levy the cost of its work plus
10% of the total cost on such owner as a property lien to be collected
in any manner provided by law.
[Ord. 2-1990, 7/3/1990]
The Borough of Braddock Hills does hereby attach "Standards
of Construction" prepared by Bankson Engineers dated July 21, 1990,
as set forth at the end of this Part as Exhibit "A."
[Ord. 2-1990, 7/3/1990; as added by Res. 2-2001, 3/15/2001]
1.
The construction
detail attached hereto and made part hereof as Exhibit "A" entitled
Bedding and Backfilling Detail is hereby adopted as the standard for
bedding and backfilling of excavated openings within Borough rights-of-way.
2.
The construction
detail attached hereto and made part hereof as Exhibit "B" entitled
Bituminous Paving Restoration Detail is hereby adopted as the standard
for bituminous paving restoration of Borough rights-of-way.
3.
The construction
detail attached hereto and made part hereof as Exhibit "C" entitled
Concrete Paving Restoration detail is hereby adopted as the standard
for concrete paving restoration of Borough rights-of-way.
