[Adopted 6-11-2012 by Ord. No. 434]
Except in those instances when the context indicates otherwise, the following words and phrases, as used in this article, shall have the following meanings:
APPLICANT
Any person who makes application under this article for a permit.
BOROUGH
The Borough of Birdsboro, Berks County, Pennsylvania.
BOROUGH AUTHORITY
Any governmental corporation created by the Borough pursuant to the Commonwealth of Pennsylvania Authorities Act of 1945.[1]
PERMITTEE
Any person who has been issued a permit under this article and has agreed to fulfill all the provisions of this article.
PERSON
Any natural person, partnership, firm, association, utility or corporation.
PUBLIC UTILITY
Any utility company, excluding Borough authorities, licensed by the Public Utility Commission of the Commonwealth.
STREET
The entire right-of-way of a public street, highway, alley, road or easement within the geographical limits of the Borough but shall not include any state designated highway over which the Department of Transportation of the Commonwealth has jurisdiction.
[1]
Note: The Commonwealth of Pennsylvania Authorities Act of 1945, referred to in this section, is the Municipality Authorities Act of 1945 (1945 P.L. 382). Section 11 of Ordinance No 1982-7 repealed all conflicting ordinances and parts of ordinances, and contained severability provisions similar to those in Section 1-1005; Section 10 provided that the ordinance become effective immediately upon enactment.
No person or public utility shall excavate or open the surface of any street, do curb cuts, or install storm sewer lines without having first obtained a permit for that purpose in the manner and subject to the conditions provided in this article. Neither the Borough, nor any Borough department nor any Borough authority shall be required to obtain a permit under this article; however, any person or contractor performing work under contract with the Borough or any Borough authority shall obtain a permit. Such exemption shall only be applicable directly to the Borough and any Borough authority, and not to any contractor or third party engaged by the Borough or Borough authority, and shall only be applicable with respect to excavations or street openings undertaken by the Borough or Borough authority in connection with the public sewer or water systems of the Borough or Borough authority located within the Borough.
Street opening permits shall be granted upon compliance with the following conditions:
A. 
A written application signed and properly executed on behalf of the applicant desiring to open the surface or excavate any street shall be filed with the Code Enforcement Officer or his designee. The application shall state the name and address of the person or public utility intending to perform the street opening or excavation work and, if different, the name and address of the person or public utility for whom such work is to be performed, the purpose for which such work is to be performed, the size and location of the proposed work and the dates upon which the work is to be commenced and completed.
B. 
The applicant shall submit and pay, with the application, a permit fee in the amount of $35 for each proposed opening. The applicant shall provide the Borough with a surety bond, or fund to be held in escrow by the Borough in lieu thereof, in a form designated and approved by the manager and in an amount sufficient to satisfy the cost of the work proposed in the application, as determined by the manager.
C. 
The applicant shall furnish proof, satisfactory to the Code Enforcement Officer, that the applicant is insured in a reasonable amount, satisfactory to the manager, against liability for any and all claims, including personal injury and property damage claims, which may arise from or out of the performance of the excavation work, whether such work is to be performed by the applicant or by anyone employed by the applicant.
D. 
The applicant shall be responsible for and shall agree to save the Borough, its Borough Council, officers, employees, and agents harmless from any and all costs, damages, liabilities, claims, or causes of action which may arise or be claimed to arise by reason of the work to be performed in the application. The acceptance of any permit under this article shall constitute an agreement by the applicant to so save the Borough, its council members, officers, employees, and agents harmless whether or not so expressed in the permit issued.
E. 
No excavation work, except emergency utility work as provided in § 331-10, shall be commenced until a permit is issued.
F. 
The Building Code Officer shall review each application and grant or deny a permit to the applicant upon completion of the review. If a permit is issued, the permittee shall be provided with a street opening release card which shall be addressed to the office of the Building Code Officer and shall be in a form designated by the Code Enforcement Officer.
G. 
No permit shall be issued until the applicant shall have paid to the Borough all monies then due the Borough upon prior excavation(s), or for any loss, damage, or expense incurred by the Borough by reason of any prior excavation(s).
Public utilities may make excavations without a permit in emergency situations, but shall apply for a permit within two business days from the date the emergency was begun.
A. 
The permittee shall provide all barricades, flashers, flares, signs, fencing, plating and all other devices necessary for the proper protection of the public and the regulation of traffic during the time a street is under excavation and until such work is completed. The permittee shall provide trench shoring to protect workers, inspectors and all personnel involved with the excavation, and as may be required by the Building Code Officer.
B. 
No more than 200 feet of excavation measured longitudinally shall be opened in any street at any one time. Accesses to private properties adjacent to the excavation shall be maintained for emergency vehicle traffic at all times. No street shall be closed entirely to traffic at any time, unless written permission to so close an entire street to traffic is granted by the manager.
C. 
The permittee shall remove all excavated materials from the site and dispose of such materials at the permittee's expense. After the work is completed, the excavation shall be backfilled with crushed stone (2A modified stone with 12-inch lifts) and thoroughly tamped to stabilize the base to prevent any and all shrinkage/settling that may occur under normal roadway loading. The disrupted cartway area shall receive a temporary wearing surface of asphalt cold patch mix, until the time a permanent restoration of the excavation occurs. It shall be the responsibility of the permittee to maintain inspection of and complete all rehabilitation work on the street openings during the time the temporary paving is in place.
D. 
The permittee shall immediately remove any earth or other excavated material which rolls, flows, spreads, or washes upon any street.
E. 
The work should be performed in one to two weeks. If an extension is needed, the entity opening the street needs to receive permission from the Borough Manager.
A. 
The permittee shall be responsible for the permanent restoration of the street upon completion of excavation and closing. The permittee shall use materials of the same type and depth of the materials in the existing street. Any and all disrupted entities shall be replaced in the same condition as existed prior to removal. All backfilling, paving, and associated procedures shall conform to Borough specifications. The Borough shall establish standards for backfilling and paving materials and procedures. Details specifying backfilling and paving procedures and materials shall be obtained from the manager prior to commencement of any street opening or excavation work.
B. 
The permittee shall complete final restoration within the period of three months from the date of issuance of the permit. Upon completion of final restoration work, the permittee shall personally deliver or mail by first-class mail, postage prepaid, the street opening release card to Borough Hall.
The permittee shall guarantee and maintain his work for 12 months from the date on which the Code Enforcement Officer actually receives the permittee's street opening release card. Within such 12-month period, the permittee shall, upon receipt of a written notification from the Code Enforcement Officer, perform or cause to be performed any and all necessary work then required to correct any defect which has arisen in or to correct the restoration work previously performed. The Code Enforcement Officer shall determine the extent and methods of corrective work which shall be required. Should the permittee fail to perform such required corrective work within five days of receipt of written notification from the manager, the Borough, at its discretion, may complete such work and shall invoice the permittee for the actual total expense incurred by the Borough to perform the work including expense incurred for labor, equipment, materials plus 10% of the amount of such total expense. Upon the permittee's failure to pay the amount of such invoice within 30 days of the invoice date, the invoice amount, as well as all fees and costs involved in the collection of that amount, shall be chargeable against the posted bond or escrowed fund.
Any person or public utility who or which violates any provision of this article shall, for every such violation, be subject to a fine or penalty of not less than $50 or more than $600 and costs. Provided, each failure to obtain a permit, or if a permit has been obtained, each failure to comply with any requirement of this article and each day on which such violation continues, shall constitute a separate violation. The Borough reserves the right to deny the issuance of permits to any person or public utility under this article if that person or public utility has previously violated any provision of this article.