[Adopted 3-2-1982 as Ch. XXI, Part 3, of the 1982 Code of Ordinances]
[Amended 6-7-1988 by Ord. No. 969; 7-28-2009 by Ord. No. 1178]
No streets, avenues, highways, lanes or alleys within the Borough shall be opened and worked upon for the purpose of laying pipes to carry natural or manufactured gas, water, sewage or electrical lines or other utility equipment or lines between the 15th day of November and the 15th day of March, from and after the date of the passage of this article, provided that this prohibition shall not apply to the laying of service lines from main to property lines. Specifically excluded from the provisions of this section is any emergency work required by utility companies and the excavation of public roadways for new utility service connection where said opening does not exceed an area being no more than three feet wide and having a length equal to the width of the public roadway as measured from berm to berm.
[Amended 6-7-1988 by Ord. No. 969]
The center of all streets, highways, avenues, lanes and alleys not already occupied by water, gas mains or electrical lines or equipment are hereby reserved for sewers and all water, gas mains or electrical lines or equipment hereafter laid shall be laid on either side of the street, avenue or highway under the direction of the Public Works Superintendent or his delegate and shall not exceed six feet from the curblines of their respective sides.
[Amended 6-7-1988 by Ord. No. 969; 11-15-1988 by Ord. No. 971; 2-4-1997 by Ord. No. 1091; 7-28-2009 by Ord. No. 1178]
Whenever any person, firm or corporation shall desire to make any excavation in any of the streets, avenues or highways of the Borough, such person, firm, or corporation shall first file with the Borough Secretary an application for a permit for the proposed excavation. The Borough Secretary shall immediately distribute copies of the application to the Code Enforcement Officer and to the Public Works Superintendent or his delegate. No permit shall be issued, and no excavation or related work shall begin, until the Public Works Superintendent or his delegate has advised the Code Enforcement Officer, in writing, whether or not the application should be approved and the permit issued, whether or not conditions should be attached to and included in the permit and what specific conditions should be so attached and included. If it is the belief of the Public Works Superintendent or his delegate that an emergency exists which involves a threat to the safety or well-being of persons or property, then the Public Works Superintendent or his delegate may waive the requirements for submitting an application and/or for obtaining a permit and may issue a simple written order allowing excavation and related work required to abate the emergency condition. That simple order shall not be required to be in any particular form. An application for a permit shall, however, be made no later than the next business day thereafter. If an emergency condition shall not be immediately attended to by the owner or person responsible, the Borough, after such notice as shall be deemed necessary, shall proceed to perform the work required by such emergency and assess the costs of the same to the person responsible on the basis of actual costs, plus 20%, as determined by the Borough Engineer.
The application for permit shall set forth the nature of the proposed excavation and shall constitute an agreement on the part of the permittee to be governed by the provisions of this article and by the other ordinances and regulations of the Borough of Brentwood.
If both the Code Enforcement Officer and the Public Works Superintendent or his delegate agree that a permit should issue, the Code Enforcement Officer shall prepare the appropriate permit, including all of the conditions required by the Code Enforcement Officer and/or by the Public Works Superintendent. No permit shall issue or be delivered to the applicant unless and until the applicant has paid to Brentwood Borough the required fee, in an amount set by formal adoption of a resolution by Borough Council from time to time.
Prior to commencement of excavation or related work anywhere in Brentwood Borough, the person or entity doing said excavation and related work, or causing said excavation or related work to be done, shall provide to the Borough written proof that said person or entity has secured a surety bond in the amount of 100% of the total cost of work and materials involved in said excavation and related work, which bond shall assure the safe and proper performance and completion of said excavation and said related work and shall assure the complete and proper restoration of the land, premises and buildings involved in, or affected by, said excavation and said related work. Said surety bond may be obtained from a surety or insurance company authorized by law to provide such surety bonds within Pennsylvania according to the laws of Pennsylvania or may be posted as a cashier's check or certified check or may be posted as a letter of credit from a financial institution approved by a duly enacted motion by Borough Council. No other types of bonds will be acceptable or permitted. Notwithstanding the bonding provisions set forth above, any person or entity who or which is required frequently to secure street excavation permits may, in lieu of filing individual permit bonds, file an annual blanket bond to assure the complete and proper restoration of the land. Such annual blanket bond may be obtained only with the prior approval of a majority of Borough Council for the use of such procedure by a given applicant, person or entity and subject to the remaining provisions of this article. Borough Council may approve such annual blanket bond by adoption of a motion approved by a majority of the members of Council present and voting at a meeting at which a quorum of Council is present, rather than by adoption of a formal resolution or ordinance.
Notwithstanding the permit fee payment regulations set forth above, public utility companies, private business entities, municipal authorities and other persons or entities who or which might be frequently required to secure street excavation permits may secure such permits without prepayment or contemporaneous payment of the permit fee, provided that such companies and entities pay Brentwood Borough the relevant permit fees within 30 calendar days of receipt from Brentwood Borough of a monthly bill for all previously accrued and unpaid street excavation permit fees.
The Borough Council is hereby authorized to amend from time to time the class of those companies, entities and persons authorized to pay street excavation permit fees on a monthly basis. Amendments to the class of such authorized monthly payors may be made by Borough Council pursuant to the affirmative vote of a majority of the number of Council members present and voting at a regularly scheduled Council meeting at which a quorum of the total number of Council members is present. Such amendments to the class of authorized monthly payors need not be made by ordinance amendment or formal resolution. Within 15 days of the date of adoption of this section, the Borough Secretary and the Borough Superintendent of Public Works shall cooperate to compile and submit, in writing, to all members of Council and to the Mayor, a list by name and address of all companies, entities and persons authorized to pay monthly accrued street excavation permit fees. Within 15 calendar days of any future amendment to the class and list of authorized monthly permit fee payors, the Borough Secretary and the Borough Public Works Superintendent shall submit, in writing, to the Mayor and to each member of Council, a correct, revised list of authorized monthly permit fee payors.
Any opening made in a bituminous street, highway or alley that has been reconstructed or repaved within 10 years shall be milled the full width of the street and a length determined by the authorized Borough Representative, with 60 lineal feet generally being the minimum and restored in accordance with the cross-section and specifications for repairing street openings as illustrated in the Borough of Brentwood Standard Detail titled "New Bituminous Street Opening Repair Detail," and in case said street, highway or alley is not restored in accordance with the cross-section and specifications for repairing street openings as illustrated in Borough of Brentwood Standard Detail titled "New Bituminous Street Opening Repair Detail" within 60 days, then the Public Works Superintendent or his delegate shall cause said street, highway or alley to be restored in accordance with the cross-section and specifications for repairing street openings as illustrated in Borough of Brentwood Standard Detail titled "New Bituminous Street Opening Repair Detail." The cost of such work and materials, plus a surcharge in the amount of 20% of the cost of such work and materials, shall be collected from the permittee in the manner provided by law.
Said street, highway or alley that has not been reconstructed or repaved within 10 years shall be restored to the same condition as it was before the excavation within 60 days of the excavation. In case said street, highway, or alley is not restored within 60 days, then the Public Works Superintendent or his delegate shall cause said street, highway or alley to be restored to the same condition as it was before the excavation. The cost of such work and materials, plus a surcharge in the amount of 20% of the cost of such work and materials, shall be collected from the permittee in the manner provided by law.
At all times, all proposed street excavation and related work, as well as the actual street excavation and related work, including but not limited to restoration, shall be subject to inspection and approval by the Code Enforcement Officer and/or the Public Works Superintendent or his delegate.
Any opening made in a concrete street, highway, or alley, regardless of the age, requires the entire slab to be replaced, to the nearest joint. In case said street, highway, or alley is not restored within 60 days, then the Public Works Superintendent or his delegate shall cause said street, highway or alley to be restored to the same condition as it was before the excavation. The cost of such work and materials, plus a surcharge in the amount of 20% of the cost of such work and materials, shall be collected from the permittee in the manner provided by law.
No opening or excavation in any street shall extend from the curbline into a street a distance greater than one foot beyond the center line of the street before being refilled and the surface of the street restored to a condition safe and convenient for travel.
The excavation work shall be so conducted as not to interfere with water mains, gas lines, sewers or their connections with houses, until permission of the proper authorities in connection with such subservice lines or construction shall have been obtained.
During the making of any excavation in any street, every necessary and reasonable precaution shall be taken by the applicant 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 permits are granted under and subject to the express condition that the person to whom the same is issued shall indemnify, save and keep harmless the Borough from any loss from damages or otherwise which may or shall be occasioned at anytime by said excavation or by any leak, explosion or other injury from any pipe, conduit or any other matter placed in the excavation.
Editor's Note: Former § 104, Bond required, which immediately followed this section, was repealed 11-15-1988 by Ord. No. 971.
No permit shall be granted for the excavation or opening up of any part of any street or road which is paved with Warrenite or any other similar substances; nor shall it be lawful for any person, firm or corporation to excavate or dig up any street or road paved with said Warrenite or other similar substance. Whenever necessary a permit shall be issued to a person, firm or corporation applying therefor, as hereinbefore provided, but shall specify that if it is necessary to go under the street or portion of the street or road which is paved with said Warrenite or any other similar substance, then it must be bored, or if impossible to bore, then by tunnel, under said paving, sufficiently braced so that the surface of the street or road shall not be disturbed.
[Amended 6-7-1988 by Ord. No. 969]
Whenever any person firm or corporation shall have received authority to excavate on any street, avenue or highway aforesaid for said purposes, proper and lawful barricades shall be erected and maintained by them around all trenches dug and excavations made to prevent accidents, and in addition, red signal lights shall be placed at intervals of not more than 150 feet along the lines of such trenches or excavation. Said person, firm or corporation shall be liable for any and all damages sustained by reason of such excavations and shall as soon as 50 feet of any trench shall have been dug, at once lay the pipes and fill up excavations. All earth filled in shall be thoroughly rammed and puddled under the supervision of the Public Works Superintendent or his delegate and no earth dug from trenches to remain on the street longer than 24 hours. After said trenches have been filled in, said person, firm or corporation shall notify the Borough Public Works Superintendent or his delegate who then shall inspect the excavation.
All trenches shall be dug and excavations made in such manner as not to prevent travel on the streets, avenues, highways and sidewalks of said Borough.
The laying of pipes and excavation of trenches shall be in conformity to the grades of the streets, avenues, highways, lanes and alleys as they now exist or may be established hereafter by the Borough or to any alteration which shall be made in the same, and when pipes have been laid and the grades of said streets, avenues, highways or alleys shall subsequently be changed, said person, firm or corporation, as the case may be, shall upon notice from the Public Works Superintendent or his delegate take up said pipes and relay them at their own expense. In case of failure to do so, the Public Works Superintendent or this delegate shall take up said pipes and relay them at the expense of said person, firm or corporation, who shall pay to Brentwood Borough the actual cost of the required work and materials, plus a surcharge in the amount of 20% of the actual cost of such work and materials.
All openings made under authority of a permit issued under this Article shall be cut with all side walls plumb and with a one-foot overlay on all sides, to sufficient depth to allow proper surface repair to be made, and the earth so removed shall be hauled away to some earth dump the same day it is excavated and after proper repair or installation has been made, one-foot of earth shall be well rammed over said repair or installation, after which green slag or gravel not larger than one inch in diameter shall be filled into the opening, using clear water for the settling of the same and a mixture of concrete one foot thick consisting of one part cement, two parts sand and three parts gravel shall be placed over the opening, allowing one inch for sand cushion under a brick surface street, and where the surface or street is concrete or asphalt the opening shall be filled with concrete to a level of said surface and the repairs shall be guarded against any traffic passing over it for a period of 48 hours, at least, after the repair has been completed.
A delegate authorized to act for, in place of and/or on behalf of the Public Works Superintendent shall be appointed from time to time by that Borough Council member who is then the Chairman of the Borough Council Public Works Committee, subject to subsequent ratification of such appointment at the next regularly scheduled public meeting of Borough Council, immediately following the date of appointment of the delegate by said Public Works Committee Chairman. Ratification of said appointment shall require the affirmative vote of a majority of the members of Borough Council attending said public meeting, provided that at least a quorum of the members of the Borough Council are present at said public meeting. Subsequent to the appointment of said delegate, the delegate shall be authorized and empowered to act for, in the place of and/or on behalf of the Public Works Superintendent only:
[Amended 6-7-1988 by Ord. No. 969; 2-4-1997 by Ord. No. 1091]
Any person, firm or corporation who or which shall violate any provision of this Article shall, upon conviction thereof, be sentenced to pay a fine of not more than $1,000 and costs of prosecution or, in default of payment of such fine and costs, to undergo imprisonment for not more than 30 days, provided that each day that a violation of any provision of this Article shall continue shall be deemed a separate violation for purposes of this penalty provision.
As used in this Article, the word "street" shall have the definition and connotation given thereto by the provisions of the Pennsylvania Borough Code, Act of May 29, 1935, P.L. 244, No. 102, as amended, in §§ 1701(1) and 111. In addition, the word "street" shall mean any street, road, lane, court, cul-de-sac, alley, drive, avenue, public way and public square and further, including the cartway, sidewalk, gutter and/or the right-of-way area, whether or not such street, or any part thereof, is owned in fee by others than the Borough.