This article shall be known and may be cited as the "Evans City Street Opening and Right-of-Way Occupancy Ordinance."
[Adopted 7-7-2025 by Ord. No. 2-2025[1]]
[1]
Editor's Note: This ordinance repealed former Article IV, Excavations and Openings, adopted 5-7-1979 as Ord. No. 364; amended Ord. No. 456 and Ord. No. 462.
The purpose of this article is to establish procedures and standards for the opening, excavation, disturbance, or occupancy of Borough streets and public rights-of-way to ensure proper restoration, protect public infrastructure, and minimize disruptions to the traveling public.
For purposes of this article:
Means any person, utility, firm, contractor, company, or entity applying for a permit under this article.
Means the Borough of Evans City.
Means any public street, road, alley, sidewalk, or other public place owned or maintained by the Borough.
Means any activity that disturbs the surface or subsurface of a Borough right-of-way.
No person or entity shall open, excavate, disturb, or occupy any Borough right-of-way without first obtaining a street opening permit from the Borough. A separate permit is required for each opening or project.
A written application shall be submitted on a form approved by the Borough and shall include:
A.
Name, address, phone, and email of applicant and contractor;
B.
Location of work (lot number, street address, plan/development);
C.
Type of work (road opening, driveway, signage, etc.);
D.
Description and purpose of activity;
E.
Dimensions of opening and surface type;
F.
Distance from the road center line to opening;
G.
Proposed start and completion dates;
H.
Traffic control plan (if applicable);
I.
Proof of required insurance;
J.
Performance bond or security.
A.
Prior to permit issuance, the applicant shall post a performance bond or certified funds in the amount of $10,000 to guarantee proper restoration and compliance with the terms of this article. For longitudinal cuts exceeding 35 feet, an additional bond of $2 per linear foot beyond 35 feet shall be required.
B.
The Borough reserves the right, at its sole discretion, to require a higher bond amount if the proposed work poses an elevated risk to public safety or infrastructure. Factors justifying an increased bond may include but are not limited to proximity to intersections or drainage structures, nature of the surface disturbed (e.g., concrete, brick, recently resurfaced pavement), anticipated traffic disruption, or applicant's history of noncompliance.
The permit fee shall be $150 per application, payable at the time of submission. This fee shall cover administrative review and processing. Additional inspection costs may be assessed at the Borough's discretion.
All openings shall be restored in accordance with PennDOT Publication 408 standards and to the satisfaction of the Borough. Permanent restoration must occur within the time specified on the permit unless extended in writing by the Borough.
The Borough may inspect any work to ensure compliance. The Borough may require re-restoration or revoke permits upon violation. Applicants shall cooperate fully and provide notice upon project completion.
In the case of an emergency, work may be initiated without a permit, provided the Borough is notified within 24 hours and a permit application is submitted within three business days.
Any person who violates this article shall, upon conviction before a Magisterial District Judge, be guilty of a summary offense and shall be subject to a fine not exceeding $1,000 per violation, plus costs of prosecution and reasonable attorney's fees. Each day of violation shall constitute a separate offense.
The applicant shall indemnify and hold harmless the Borough from all claims, damages, and liability arising out of or related to the permitted activity.
Ordinance No. 364 (adopted 5-7-1979) and all other ordinances or parts thereof inconsistent with this article are hereby repealed.