[HISTORY: Adopted by the Borough Council
of the Borough of Edgewood as indicated in article histories. Amendments
noted where applicable.]
[Adopted as Ch. XX, Part 2A and B, of the
1972 Code]
All owners of property abutting any paved street
that may hereafter be paved with brick, concrete, asphalt or other
permanent material shall, upon 30 days' written or printed notice
from the Borough Council, lay a sidewalk or sidewalks conforming to
the regulations of this article. Where curbs and gutters are not already
provided, Council may by similar notice require that curbs and gutters
be laid. In case of the failure or neglect of any owner or owners
of such property to comply with said notice and the requirements of
this article, the Borough, under the direction of the Borough Engineer,
shall cause the grading, paving, curbing and guttering to be done
at the cost of such owner or owners, and shall collect from the owner
or owners such cost, together with the penalties provided by law,
and in the manner provided by law.
A.
All sidewalks shall have such width and location as
may be directed by the Borough Engineer and approved by Council. Sidewalks
shall be constructed of concrete four inches in thickness, mixed with
one part air-entrained cement, two parts sand and four parts gravel.
Materials must be approved by the Borough Engineer and meet with the
specifications of the American Society for Testing Materials for such
work. Concrete shall be laid on a foundation of four inches of cinders,
broken stone or other approved type materials. The outer edge nearest
the curb shall be laid at a grade providing 1/4 inch per foot rise
from the curb to the sidewalk, and such grade shall continue across
the sidewalk.
B.
The surfaces and edges of the sidewalk must be kept
true to line and grade. Walks must be jointed every five feet with
an open joint extending to the bottom of the concrete. Approved expansion
joints in addition to cut joints must be placed not farther apart
than 20 feet, and expansion joints must be placed where the walks
meet the curbs, driveways or walks or steps leading to houses. At
all street intersections, the walk shall be produced to the curbline.
All curbs and gutters shall be laid and installed in the manner and
according to the specifications approved by the Borough Engineer.
All sidewalks, curbs and gutters when constructed
shall be kept in a safe and usable condition by the owner of the abutting
property. Whenever in the judgment of the Street Committee of Council
or the Borough Engineer any sidewalk, curb or gutter shall be in need
of repair, it shall be the duty of the Borough Secretary to give written
or printed notice to the owner or owners of the abutting property
to cause the same to be repaired within 10 days thereafter. In the
event of the failure of the owner or owners to have such repairs made,
the Borough may cause such repairs to be made and collect the cost
thereof from the owner or owners in the manner and with the penalties
provided by law.
A.
Repairs to sidewalks, curbs or gutters shall be made
in accordance with the requirements of this article for new sidewalks,
curbs or gutters, and no sidewalks, curbs or gutters heretofore laid
with materials and in locations or at grades not in accordance with
this article shall be repaired except with materials, at locations
and according to specifications prescribed by this article.
B.
When it shall become necessary in the repair of any
sidewalk, curb or gutter to cut the roots of trees located in the
highway, or in any manner to interfere with such trees, any work on
the trees shall be done by the Borough of Edgewood.
All sidewalks, curbs and gutters shall be laid
and repaired under the supervision and subject to the approval of
the Borough Engineer or his authorized agent, who shall be given not
less than 24 hours' notice of such laying or repair.
During the construction, repair or reconstruction
of sidewalks, curbs or gutters, the abutting property owner or owners,
or the contractor performing such work, shall cause to have proper
barricades and warning lights placed surrounding the areas being repaired
or improved.
[Amended 8-1-2005 by Ord.
No. 1003]
The owner or owners of properties abutting sidewalks shall at all times keep said sidewalks clean and clear from all dirt, rubbish, garbage and refuse matter and open and unobstructed for the use of the public. Any such owner or owners failing to comply with or violating the provisions of this section, after notice of the same, shall, upon conviction thereof, be subject to the penalties set forth in § 177-13, and the Borough may cause the removal of any such obstruction, dirt or debris and collect the cost thereof from the owner or owners by a lien against the property, or otherwise, as provided by law.
[Amended 8-1-2005 by Ord.
No. 1003]
The owner or owners of all properties abutting sidewalks shall be responsible for keeping and shall keep such sidewalk areas clear of snow and ice in a manner that will permit the safe use of said sidewalk area by the public. Any such owner or owners violating the provisions of this section and failing to comply therewith within 12 hours after notice from the Borough to have accumulated snow or ice removed from the sidewalk areas shall, upon conviction thereof, be subject to the penalties set forth in § 177-13, and the Borough may cause the removal of such accumulated snow or ice and collect the cost thereof from the owner or owners in the manner provided by law.
From and after the passage of this article it
shall be unlawful to cut or cause to be cut or to change or alter
in any way any curb on the highways of the Borough of Edgewood, or
to construct or reconstruct any driveway across the sidewalks, except
in accordance with the regulations and after issuance of a permit
as hereinafter stated.
A.
Whenever the owner of any property is desirous of
cutting the curb or constructing a driveway across the sidewalks,
or of altering or of changing either of them, he shall make written
application to the Borough Secretary for a permit to do so. Said application
must state location of lot, frontage on street, location and extent
of curb to he cut or changed, layout of driveway, and method and materials
to be used in the work.
B.
The Borough Secretary shall issue a permit for such work upon the approval of the application by the Borough Engineer, and upon the payment by the applicant of a fee as set forth in Chapter 118, Fees.
[Amended 8-1-2005 by Ord.
No. 1003]
C.
The Borough Engineer shall approve or refuse to approve
the application within 48 of its receipt; provide that any person
whose application has been refused shall have the right to appeal
from the decision of the Borough Engineer to the Borough Council,
who shall act as a Board of Appeal and grant a hearing on the question
raised in said application, and after hearing decide as to the issue
or refusal of said permit.
A.
Curbs may be cut or lowered and driveways constructed
to properties so that driveways shall not be more than 20 feet in
width and not more than one driveway to a lot of less than 50 feet
frontage. Lots having more than 50 feet frontage may have two driveways,
provided that for gasoline service stations, public garages or other
commercial or manufacturing properties more than one driveway may
be permitted provided that not less than 20 feet space is left between
driveways.
B.
Curbs shall be cut not less than four inches below
the level of the street or gutter surface; and driveways shall be
constructed with the equal of concrete mixed in the proportion of
one part cement, two parts sand and four parts of gravel, not less
than six inches in thickness and reinforced with wire mesh.
C.
Driveway must slope to the elevation of the sidewalk
in not to exceed 18 inches from the outer face of the curb, except
where the sidewalk is at a greater distance than 18 inches from the
curb, the driveway may slope to the outer edge of the sidewalk. Driveways
shall be so constructed that water running down the driveways from
the lot will flow to the gutter and not along the sidewalk.
D.
The Borough Engineer shall be notified when forms
are ready for concrete and he shall approve the same before concrete
is poured.
Upon the abandonment of any driveway, the Borough
Engineer shall notify the owner to replace the curb in similar condition
to other curb on the same block; and in case of failure of the property
owner to do the work within 10 days from such notice, the Borough
may do the work and collect the cost, plus 10% thereon, from the property
owner, in the manner provided by law for the collection thereof.
[Amended 8-1-2005 by Ord.
No. 1003]
Any person, firm or corporation violating any provision of this article, except § 177-12 hereof, shall, for each and every such violation, upon conviction thereof, be sentenced to pay a fine of not more than $600 and costs of prosecution, and, in default of payment of such fine and costs, to imprisonment for not more than 30 days. Each day's violation of any such provision shall constitute a separate violation.
[Adopted as Ch. XX, Part 3B, of the 1972
Code]
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:
Any person who makes application for a permit.
The Borough of Edgewood, County of Allegheny, Commonwealth
of Pennsylvania.
Any unforeseen circumstance which calls for immediate action.
The Manager of the Borough of Edgewood or his authorized
deputy, representative, or inspector.
Any person who has been issued a permit and has agreed to
fulfill all the terms of this article.
Includes any natural person, partnership, firm, association,
utility, or corporation.
Includes the entire right-of-way of a public street, public
alley, or public way, within the Borough, but shall not include any
state highway.
[Amended 3-18-1996 by Ord. No. 933; 8-1-2005 by Ord. No. 1003]
It shall be unlawful for any person to make
any opening or excavation of any kind in or under the surface of any
street or sidewalk, except for the replacement or repair of a sidewalk
and only after first securing a permit from the Borough for each separate
undertaking. Provided, however, that any person maintaining pipes,
lines or underground conduits in or under the surface of any street
by virtue of any law, ordinance or franchise may proceed with an excavation
or opening without a permit when emergency circumstances demand the
work to be done immediately for the preservation of the public health,
safety or welfare, provided that the permit could not reasonably and
practically have been obtained beforehand. Such person, however, shall
thereafter apply for a permit on the first regular business day on
which the Borough is open for business and said permit shall be retroactive
to the date when the work was begun.
No person to whom a permit has been granted
under the provisions of this article shall perform any of the work
authorized by such permit in any amount or quantity greater than that
specified in the permit, except that upon the approval by the Manager,
additional work may be done under the provisions of the permit in
an amount not greater than 10% of the amount specified in the permit.
Any deposit and bond posted in connection with the original permit
shall be deemed to cover any such additional work as may be approved
pursuant to this section within the limit mentioned herein.
Work for which a permit has been issued pursuant
to this article shall commence within 30 days after the issuance of
the permit therefor. If not so commenced, the permit shall be automatically
terminated. Permits thus terminated may be renewed upon the payment
of an additional permit fee in the same amount as the original fee.
Permits issued under this article are not transferable
from one person to another and the work shall be carried out only
at the location specifically designated in the permit.
Every permit issued hereunder shall expire 10
days after the date stated in such permit when the opening is to be
refilled and resurfaced. If the permittee shall be unable to complete
the work within the specified time, he shall, prior to expiration
of the permit, present in writing to the Manager a request for an
extension of time, setting forth therein the reasons for the requested
extension, which extension may be granted by the Manager upon proper
cause.
It shall be the duty and responsibility of any
person applying for a permit to:
A.
Make a written application for such permit with the Manager on such form as he shall prescribe, setting forth the purpose for which the opening is desired to be made; the extent, size and location thereof; the date or dates upon which said opening is to be made; and the date and time when said opening is to be refilled and resurfaced in the manner hereinafter provided. No work shall commence until the Manager has approved the application and issued a permit and until the person has paid and furnished all fees, deposits, certificates and bonds required by this article; provided, however, that, as provided in § 177-15 of this article, work of an emergency nature may commence before a permit has been issued when said permit cannot be practically obtained beforehand. The application for a permit 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 of Pennsylvania in relation thereto.
B.
Furnish in duplicate when required by the Manager
plans showing the extent of the proposed excavation work, the dimensions,
the location of the excavation work, and such other information as
may be prescribed by the Manager.
C.
Agree to save the Borough, its officers, employees
and agents harmless from any and all costs, damages and liabilities
which may accrue or be claimed to accrue by reason of said work to
be done in said application. The acceptance of any permit under this
article shall constitute such an agreement by the applicant whether
the same is expressed or not.
It shall be the duty and responsibility of any
person obtaining a permit to:
A.
Pay a basic street opening fee, per square foot, as set forth in Chapter 118, Fees.
[Amended 12-28-1981 by Ord. No. 841; 3-18-1996 by Ord. No. 933; 8-1-2005 by Ord. No. 1003]
D.
Present, when required by the Manager, evidence that
all materials, labor and/or equipment which are needed to complete
such undertaking as authorized by the permit are available.
E.
Keep the original copy of the permit at all times
while such work is in progress at the location for which said permit
was granted and show such permit upon demand to any authorized representative
of the Borough.
A.
Unless authorized by the Manager and on conditions
prescribed by him, no openings or excavations in any street shall
extend beyond the center line of the street.
B.
No permit shall be issued for an excavation extending
more than 250 feet longitudinally in any street.
C.
The permittee shall determine the location of all
utility facilities including sewers, storm drains, gas mains, water
mains, telephone and electrical conduits and other utility obstructions
sufficiently ahead of trench excavation work to avoid damage to those
facilities and to permit their relocation, if necessary.
D.
The work of excavation shall be so conducted as not
to interfere with any utility lines or connections, or other underground
facilities, unless permission of the proper authorities in connection
with such facilities shall have been obtained.
E.
Where a pipe drain, pipe culvert, or other structure
or facility is encountered, it shall be replaced, restored, straightened
or protected by the permittee.
F.
If in the process of his work, the permittee damages
any public or private utility property, the utility may make the necessary
repairs and file a claim against the permittee with the Borough for
the cost thereof. If the claim is not paid promptly by the permittee,
the amount may be withheld by the Manager from the deposit, or charged
against the permittee's performance bond.
G.
Any monument of granite, concrete, iron, steel, brass
or other lasting material set for the purpose of locating or preserving
the lines of any street or property subdivision or a precise survey
reference point or a permanent survey benchmark within the Borough
shall not be removed or disturbed or caused to be removed or disturbed
without first obtaining permission in writing from the Manager to
do so. Permission shall be granted only upon condition that the permittee
shall pay all expenses incidental to its proper replacement.
H.
If any work performed under the permit interferes
with the established drainage system of any street, provision shall
be made by the permittee to provide proper drainage to the satisfaction
of the Manager.
I.
When any earth, sand, gravel, rock, stone, or other
excavated material is caused to be deposited upon or to roll, flow,
or wash upon any street, so as to create a nuisance or endanger life
or property, the person responsible therefor shall cause the same
to be removed immediately from the street upon notification to do
so by the Manager. In the event it is not removed within eight hours
after notification, the Manager shall cause such removal and the cost
of such removal shall be paid by the permittee or deducted from his
deposit.
J.
To protect the public, every permittee shall place
around the project proper barriers, barricades, lights, warning flags
and danger signs as shall be determined by the Manager. All safety
requirements and precautionary measures shall be based upon and conform
to Pennsylvania Department of Transportation specifications. Copies
of this publication are available in the office of the Borough for
inspection by any permittee. No unauthorized person shall willfully
move, remove, injure, destroy or extinguish any barrier, warning light,
sign, or notice erected, placed or posted in accordance with the provisions
of this article.
[Amended 8-1-2005 by Ord.
No. 1003]
K.
Every permittee shall maintain safe crossing for vehicle
traffic at all street intersections in all directions and safe crossings
for pedestrians at intervals of not more than 300 feet. Lanes of traffic
shall be held open at all intersections, where possible, by the removal
of dirt and the use of covering plates. All plates must be firmly
secured and the installation must be inspected and approved by the
Manager or his representative.
L.
Access to private driveways shall be provided except
during work hours when construction operations prohibit provision
of such access. Free access must be provided at all times to fire
hydrants.
M.
All materials excavated shall be laid compactly along
the side of the trench and kept trimmed up so as to cause as little
inconvenience as possible to public travel. Wherever necessary, in
the opinion of the Manager, in order to expedite the flow of traffic
or to prevent the spreading of dirt into traffic lanes, temporary
wooden plank walks shall be installed where the excavated area is
muddy and causes inconvenience to pedestrians. If the street is not
wide enough to hold the excavated material without using part of the
adjacent sidewalk, the permittee or his agent shall keep a passageway
at least 1/2 the sidewalk width open along such a sidewalk line.
N.
In the case of any leak, explosion or other accident
in any subsurface pipe, line, or other facility, it shall be lawful
for the person owning or responsible for such facility 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 facility, the Manager, after such notice as he 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 15% to such person.
O.
In granting any permit under this article, the Manager
may attach such other conditions thereto as may be reasonably necessary
to prevent danger to public or private property or to prevent the
operation from being conducted in a manner hazardous to life or property
or in a manner likely to create a nuisance. Such conditions may include
but shall not be limited to:
(1)
Limitations on the period of the year in which the
work may be performed;
(2)
Restrictions as to the size and type of equipment;
(3)
Designation of routes upon which material may be transported;
(4)
The place and manner of disposal of excavated materials;
(5)
Requirements as to the laying of dust, cleaning of
streets, the prevention of noises, and other results offensive or
injurious to the neighborhood, the general public, or any portion
thereof; and
(6)
Regulations as to the use of streets in the course
of the work.
A.
All pavement cuts, openings and excavations shall
be properly made and backfilled according to Borough specifications.
B.
Unless otherwise determined by the Manager, all restorations
of street pavements shall be made by the permittee.
C.
The Manager must be notified by the permittee not
more than 48 hours prior to the beginning of work of the date and
approximate time at which work will be begun.
D.
No work shall be performed by the permittee unless
or until the Manager shall be present or permission has been given
by the Manager to proceed in his absence.
E.
Bituminous pavement restoration shall consist of the
following:
[Amended 9-3-2019 by Ord. No. 1066]
(1)
On improved streets, a temporary pavement consisting of three inches
of bituminous cold patch material shall be installed flush with the
existing street surface and maintained until permanent restoration
is completed.
(2)
Saw cut one foot outside the initial excavation and remove temporary
paving and base to a depth of 14 1/2 inches below the existing
finished surface and furnish and install the following.
(3)
Thoroughly compact subgrade.
(4)
Place eight-inch compacted depth of a 2-A modified stone base or
approved equal.
(5)
Place five-inch compacted depth of a 19.0 mm Superpave Binder Material
or approved equal.
(6)
Place one-and-one-half-inch compact depth of 9.5 mm Superpave Wearing
Material or approved equal with an ESAL Count and Job Mix Formula
subject to review and approval by the Borough Engineer.
(7)
Immediately following paving operations hand mop and seal all edges
where new pavement meets existing surfaces with AC-20 sealing material.
Edge sealing shall be a minimum of six inches wide.
(8)
When four or more openings, irrespective of length occur at one time (within a twelve-consecutive-month period) within one half of any street (from the center line to the curbline), the permittee shall be required to mill and pave the existing wearing course surface at one-and-one-half-inch depth from the center line to the outside edge (curbline) of the existing pavement and to point not less than five feet beyond the limits of the farthest openings. Wearing course requirements of Subsection E(6) and (7) also apply.
(9)
When four or more openings irrespective of length occur from the curbline to curbline within a twelve-consecutive-month period, the permittee shall be required to mill and pave the existing wearing course surface at one-and-one-half-inch depth from curbline to curbline and to a point not less than five feet beyond the limits of the farthest openings. Wearing course requirements of Subsection E(6) and (7) also apply.
(10)
When an opening extends 50 feet or longer within one half of any street (from the center line to the curbline) the permittee shall be required to mill and pave the existing wearing course surface at one-and-one-half-inch inches depth from the center line to the curbline of the street along the entire length of the opening and to a point not less than five feet beyond the limit of each end of the opening. Wearing course requirements of Subsection E(6) and (7) also apply.
(11)
When an opening extends 50 feet or longer, and also crosses over the center line of any street, the permittee shall be required to mill and pave the existing wearing course surface at one-and-one-half-inch inches depth from curbline to curbline of the street along the entire length of the opening and to a point not less than five feet beyond the limit of each end of the opening. Wearing course requirements of Subsection E(6) and (7) also apply.
(12)
Where concrete curb is to be restored, the permittee shall saw
cut out and remove affected curb to the next undisturbed expansion
or contraction joint, shall place 1/2 inch pre-molded expansion joint
material and install medium depth eighteen-inch plain cement curb
to match width and reveal of the adjacent existing undisturbed curb.
Concrete shall be 4,000 p.s.i. air entrained. All new finished concrete
surfaces shall be treated with BASF Enviroseal 40 or equivalent.
(13)
Where concrete sidewalk is to be restored, the permittee shall
excavate and remove existing affected sidewalk to the next undisturbed
expansion or contraction joint, shall saw-cut smooth and replace full
slabs. Specifications shall include six-inch compacted depth of a
2-A modified stone base or approved equal and five-inch thickness
of 4,000 p.s.i. air entrained concrete, with No. 6/6 gauge welded
wire fabric, one-half-inch pre-molded expansion joints where new concrete
construction meets existing construction and placed at 20 feet center
to center, with contraction joints at five feet center to center.
All new finished concrete surfaces shall have troweled edges and stiff
broom finish and be treated with BASF Enviroseal 40 or equivalent.
(14)
Where a street crosswalk is disturbed, the permittee shall restore
the crosswalk to the condition that existed prior to the excavation
or other work causing the disturbance, using products and materials
as specified by the Borough at the time of construction or approved
equal. The contractor shall restore all features of the crosswalk
including, but not limited to, reflective paint, tactile paving, thermoplastic
overlays and all other decorative and/or functional features of the
crosswalk.
(15)
Additional restoration shall be required as follows:
(a)
If disturbed lanes adjacent to undisturbed lanes are overlaid,
the edge of the disturbed lanes shall be saw-cut or milled to a depth
of one-and-one-half-inch inches for the length of the opening to provide
a smooth joint, with proper elevation and cross section. A full width
overlay may be authorized on various roadways instead of saw cutting
or milling undisturbed pavement.
(16)
The restoration work carried out by the permittee, including
both paving surface and paving base, shall be performed as follows:
(a)
Every person who opens or excavates any street in the Borough
shall thoroughly and completely refill the opening or excavation and
restore the surface of the street in accordance with the requirements
of the Borough or specifications of the Department of Transportation
of the Commonwealth of Pennsylvania (latest edition), which specifications
are hereby adopted as specifications of the Borough for restoration
of surfaces of public streets in the Borough. If within two years
after the restoration of the surface as herein provided defects shall
appear therein resulting from defective workmanship by the permittee,
the permittee shall reimburse the Borough for the cost of all necessary
repairs to the paving.
F.
No tunneling shall be allowed without the express
approval of the Manager and permission therefor endorsed upon the
permit. The backfilling of a tunnel excavation shall be made only
in the presence of the Manager or his representative and shall be
done only in a method approved by him.
G.
The work of restoration when carried out by the permittee,
including both paving surface and paving base, shall be performed
as follows:
(1)
Every person who opens or excavates any street in
the Borough shall thoroughly and completely refill the opening or
excavation and restore the surface of the street in accordance with
the requirements of the Borough or specifications of the Department
of Transportation of the Commonwealth of Pennsylvania, which specifications
are hereby adopted as specifications of the Borough for restoration
of surfaces of public streets in the Borough. If within two years
after the restoration of the surface as herein provided defects shall
appear therein resulting from defective workmanship by the permittee,
he shall reimburse the Borough for the cost of all necessary repairs
to the paving.
[Amended 8-1-2005 by Ord.
No. 1003]
(2)
Backfilling in any street opened or excavated pursuant
to a permit issued hereunder shall be constructed to a degree equivalent
to that of the undisturbed ground in which the trench was dug. Compacting
shall be done by mechanical tampers or vibrators, by rolling in layers,
as required by the soil in question and sound engineering practices
generally recognized in the construction industry.
(3)
Backfilling up to the first 18 inches above the top
of the utility pipes or similar installations shall be done with thin
layers. Each layer is to be tamped by manual or mechanical means.
Layers that are hand-tamped shall not exceed two inches in thickness.
Layers that are power-tamped shall not exceed four inches in thickness.
The same requirements shall apply to the remainder of the backfilling
if tamping is the method used for backfilling. Backfilling all pipes
of over 24 inches in diameter shall be carried up to the spring line
of the pipe in three-inch layers, with each layer moistened and thoroughly
tamped with suitable mechanical equipment. The backfill around all
pipes 24 inches or less in diameter shall be flooded or tamped as
specified above to a depth of 18 inches above the top of the pipe
before any additional backfilling is placed thereon.
(4)
Whenever any excavation for the laying of pipe is
made through rock, the pipe shall be laid six inches above the rock
bottom of the trench and the space under, around and six inches above
the pipe shall be backfilled with clean river sand, noncorrosive soil
or one-quarter-inch minus gravel. Broken pavement, large stones, and
debris shall not be used in the backfill.
(5)
Backfilling shall be completed by placing the backfill
material well up over the top of the trench. For dry backfilling,
the material shall be compacted with a roller of an approved type
or with the rear of a truck carrying at least five tons until the
surface is unyielding. The surface shall then be graded as required.
H.
In the event that any work performed by or for a permittee
shall, in the opinion of the Manager, 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 Manager,
the Borough may proceed to correct such unsatisfactory work or complete
any such work not completed, and charge the cost thereof, plus 15%
to the permittee or his surety.
I.
In addition to the responsibility of permittee for
proper excavation, backfilling and surface restoration, as herein
set forth, permittee shall be responsible for any damage to public
or private property (including as public property the streets, curbs
and sidewalks of the Borough) caused by permittee in the prosecution
of its work, and promptly repair such damage and make proper restitution
therefor. In the event permittee fails to do so, the Borough may cause
the same to be done and recover the expense thereof from permittee's
deposit or performance bond.
J.
After such excavation or opening is commenced, the
work of making and backfilling the same shall be prosecuted with due
diligence so as not to obstruct the street more than is actually necessary.
If the work is not so prosecuted, or if the work does not in the judgment
of the Manager comply with the terms of this article, he shall so
notify the person named in the permit and shall require such person,
within three days after the service of such notice, to proceed with
the diligent prosecution of such work, or properly to complete the
same, as the case may be. If such notice is not complied with, the
Borough may do such work as may be necessary to backfill such excavation,
and to restore the street or part thereof excavated, to the same condition
as before such excavation was made. All expenses incurred by the Borough
shall be recovered from the permittee's deposit or surety. No further
permit shall be granted any person unless and until any opening or
excavation already made by him has met all requirements of this article.
K.
The Manager or his authorized agents may make daily
inspections of all work authorized by permits issued pursuant to this
article.
L.
Upon completion of all work accomplished under the
provisions of the permit, the permittee shall notify the Manager in
writing, on a form prescribed by him. A certificate of final inspection
shall be issued by the Manager to the permittee no sooner than two
years after the permanent restoration of the opening or excavation
has been made, provided the work authorized by the permit has been
performed according to Borough specifications. Prior to the issuance
of a certificate, the Manager shall make a final inspection of the
restoration to determine whether Borough specifications have been
adhered to.
M.
If any settlement in a restored area occurs within
a period of two years from date of completion of the permanent restoration,
it shall in general be considered as conclusive evidence of defective
backfilling. Any expense which may be incurred by the Borough in correcting
such settlement shall be paid by the permittee or recovered from his
surety.
N.
Unless part of the work is being performed by the
Borough, no opening or excavation made by a permittee shall be considered
to be 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.
O.
If, in his judgment, traffic conditions, the safety
or convenience of the traveling public or the public interest require
that the excavation work be performed as emergency work, the Manager,
shall have full power to order, at the time the permit is granted,
that a crew of men and adequate facilities be employed by the permittee
24 hours a day to the end that such excavation work may be completed
as soon as possible.
The applicant at the time of submission of his application to the Borough shall execute and deliver to the Borough a bond in the amount hereinafter fixed with corporate surety approved by the Manager. Where the bond required is intended to cover an indefinite number of street openings, such bond shall be in the amount of $5,000; where the bond is intended to cover one street opening only, such bond shall be in the sum of $1,000. Such bond shall be given on the condition that the principal will perform all work authorized by the permit under and in accordance with the provisions and conditions of this article, and will indemnify and save harmless the Borough from any loss, damage or expense in any manner occasioned by, or arising from, the opening of such street, or the work done in consequence thereof, or the manner of doing such work, and will pay to the Borough any and all sums whatsoever which the said Borough may be compelled to expend for or by reason of the opening of such street by the principal, and that such bond shall remain in force until the issuance of the certificate of final inspection provided for in § 177-23L of this article; provided, however, that if any applicant shall not desire to furnish the aforesaid bond, he shall deposit with the Borough a sum of money in the form of cash or certified, treasurer's or cashier's check made payable to the Borough, equal to $50 for each square yard, or part thereof, of the opening covered by the permit, which said deposit shall be made under the same conditions as set forth above for the surety bond.
Whenever the Manager shall find that a default
has occurred in the performance of any term or condition of any permit,
written notice thereof shall be given to the permittee and to the
surety of the bond. Such notice shall state the work to be done and
the period of time allowed by the Manager for the completion of such
work.
After receipt of such notice, the permittee
or his surety must, within the time therein specified, cause the required
work to be performed. In the event the required work is not performed
in accordance with and within the time specified in said notice, the
Borough may cause such work to be performed and charge the cost thereof
against the permittee and its surety.
The terms of each bond or money deposit posted
shall begin upon the date of the posting thereof and shall end upon
the receipt by the permittee of a certificate of final inspection
from the Manager.
Upon issuance by the Manager of the certificate
of final inspection with respect to any street opening, any deposit
in the form of money received by the Borough shall be refunded to
the permittee, less all sums due the Borough for work performed by
it under the provisions of this article.
The Manager may require the applicant to furnish,
prior to the issuance of the permit, a certificate of insurance indicating
that he is insured against claims for damages for personal injury
as well as against claims for property damages which may arise from
or out of the performance of the work, whether such performance be
by himself, his subcontractor, or anyone directly or indirectly employed
by him. Such insurance shall provide complete third-party coverage
for the Borough. The amount of such liability insurance for bodily
injury shall be not less than $100,000 for each person and $300,000
for each accident and for property damages an amount not less than
$50,000. Failure of the applicant to file such certificate shall be
grounds for denying a permit; provided, however, that franchised public
utilities, and other governmental agencies, may be relieved of the
obligation of submitting such a certificate if they do the work contemplated
under the permit with their own personnel or with a contractor insured
as required; however, such waiver shall not release any such organization
from any and all liability under any of the obligations provided herein.
When the Borough shall schedule reconstruction
of any street, the Manager shall first give notice to all persons
owning property abutting on the street about to be reconstructed,
and to all public utility companies operating in the Borough, and
all such persons and utility companies shall do all known work that
would necessitate excavation of the street, within 30 days from the
giving of such notice. The time may be extended if permission has
been requested in writing and has been approved by the Manager.
Any person believing himself to be aggrieved
by a decision of the Manager, or his refusal to grant a permit, shall
have the right to appeal to the Borough Council within 30 days from
the Manager's decision or refusal to grant a permit.
This article shall not be construed as imposing
upon the Borough or any official or employee any liability or responsibility
for damages to any person injured by the performance of any work for
which a permit is issued hereunder; nor shall the Borough or any official
or employee thereof be deemed to have assumed any such liability or
responsibility by reason of inspections authorized hereunder, the
issuance of any permit or the approval of any work.
[Amended 8-1-2005 by Ord.
No. 1003]
Any person violating any provision of this article
shall for each and every violation, upon conviction thereof, be sentenced
to pay a fine of not more than $600 and costs of prosecution, and,
in default of payment of such fine and costs, to imprisonment for
not more than 30 days. Each day on which any violation shall continue
shall constitute a separate violation.
