For the purposes of this article, the following
terms shall have the meanings indicated:
The Borough of West Chester.
[Added 10-20-1993 by Ord. No. 21-1993]
Any natural person, partnership, firm, association, corporation,
public utility or municipal authority.
[Amended 10-20-1993 by Ord. No. 21-1993]
Any public street, avenue, road, square, alley, highway or
other public place located in the Borough of West Chester and established
for the use of vehicles.
It shall be unlawful for any person to open
or to make any excavation of any kind in any street in the Borough
of West Chester without first securing a permit therefor as hereinafter
provided.
[Amended 10-9-1986 by Ord. No. 9-1986; 10-20-1993 by Ord. No. 21-1993]
Any person who shall desire to make an opening
or excavation in any of the streets in the borough shall make written
application to the borough's Department of Public Works for such purpose
in accordance with the procedure set forth hereinafter.
A.
Application. The application shall be made upon forms
provided by the borough and shall set forth the name of the applicant,
the exact location of the proposed opening or excavation, the approximate
size or depth thereof, the applicant's agreement to guarantee and
maintain all work performed under the permit for a period of two years
from the date of the completion of the work performed and such other
information as may be required.
B.
Insurance. No permit shall be issued unless and until
the applicant has provided the borough's Department of Public Works
with a bona fide certificate of insurance, executed by an authorized
representative of the insurance agency's underwriter, which certificate
shall provide evidence of insurance coverage of the applicant and
its employees, if any, for the following:
(1)
Workers' compensation and occupational and disability
insurance in accordance with the limits and provisions of the Pennsylvania
Workers' Compensation Law.
(2)
Public liability insurance under comprehensive all-risk
form with bodily injury limits of not less than $250,000 per occurrence
and property damage limits of not less than $100,000 per occurrence.
C.
Surety bond. No permit shall be issued unless and
until the applicant has provided the borough's Department of Public
Works with a license and/or permit bond, executed by an authorized
representative of the bonding agency's underwriter, which bond shall
provide evidence of coverage of the applicant and its employees, if
any, in the amount of $10,000, or such greater amount as may be required.
The bond shall guarantee and provide surety for all work performed
by the applicant under the permit, together with maintenance thereof,
for a period of two years and shall further state that the borough
shall be held harmless from and indemnified against all loss, costs,
expenses or damage, including attorneys' fees, which shall or may
at any time happen during the term of the bond as a result of the
applicant's noncompliance with or breach of any laws, statutes, ordinance,
rules or regulations pertaining to the permit issued which occur during
the term of the bond. The applicant may satisfy the bond requirements
by providing a bond effective for a minimum of one year, which bond
shall be renewable for an additional year at the expiration of the
first year.
D.
Time for the application. Except in emergency situations,
all applications for a proposed opening or excavation of a street
shall be submitted to the borough's Department of Public Works at
least two workdays prior to the proposed date of excavation or opening.
E.
Approval or denial of permit. The borough's Director
of Public Works and/or his or her designee shall review each permit
application and grant or deny the applicant a permit based upon the
compliance with the provisions of this chapter. The borough's Director
of Public Works and/or his or her designee may deny the issuance of
a permit to any person who has not complied with the requirements
of this chapter, and/or who has not complied with the conditions and
provisions of permits previously issued and/or is in violation of
the provisions of this chapter.
[Amended 10-9-1986 by Ord. No. 9-1986]
The Borough Director of Public Works shall promulgate
rules and regulations governing the opening, excavation, refilling,
resurfacing and repaving of streets in the Borough of West Chester,
and after the same have been approved by the Council of the Borough
of West Chester and entered upon the minutes of the Council, such
rules and regulations shall be the sole criteria for any work to be
done or performed by any applicant or permittee governed by the terms
of this article. Copies of said rules and regulations shall be furnished
to any person making application hereunder.
[Amended 10-9-1986 by Ord. No. 9-1986; 10-20-1993 by Ord. No. 21-1993; 8-16-2000 by Ord. No. 12-2000; 7-26-2016 by Ord. No. 6-2016]
Before any permit shall be issued to open or excavate any street
or excavate for any pole planting or pole removal, the applicant shall
pay to the Borough such fee as is established by resolution of Council
from time to time. The schedule of fees shall be kept on file at the
Borough Department of Public Works.
[Amended 10-9-1986 by Ord. No. 9-1986]
A.
In the event that any work performed by or for a permit
holder shall, in the opinion of the Borough Director of Public Works,
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 therein, the borough may proceed to correct such unsatisfactory
work or complete any such work not completed and charge the cost thereof
plus 25% to the applicant.
B.
The cost of completion by the borough shall be payable
to the borough within 30 days of the invoice date. Any payments not
made within such thirty-day period will be chargeable against the
posted surety bond.
[Added 10-20-1993 by Ord. No. 21-1993]
[Amended 10-9-1986 by Ord. No. 9-1986]
In case of any leak, explosion or other accident
in any subsurface pipe, construction or apparatus, it shall be lawful
for the person owning or responsible for such pipe, line, construction
or apparatus 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 pipe, line, construction
or apparatus, the Borough Director of Public Works, 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 25%, to such
owner or person.
[Amended 10-9-1986 by Ord. No. 9-1986; 8-16-2000 by Ord. No. 12-2000]
The Borough Director of Public Works 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 such persons and
utility companies shall make all water, gas or sewer connections,
as well as any repairs thereto, which would necessitate excavation
of said street within 30 days from the giving of such notice, unless
such time is extended in writing for cause shown by the Borough Director
of Public Works.
[Added 8-16-2000 by Ord. No. 12-2000]
A.
Any person who opens or excavates a street located
within the borough within five years after the completion of the paving
of the street shall restore the pavement in accordance with the following
regulations and standards:
(1)
When a longitudinal opening longer than 100 feet is
made in the pavement, the traffic lanes in which the opening is made
shall be overlayed for the entire length of the portion of the street
that was opened.
(2)
When four or more openings are made by the same person
within a section of a street of 100 linear feet, the traffic lanes
in which the openings are made shall be overlayed for the entire length
of the street extending from the first such opening through the last
such opening.
B.
Any person who opens or excavates a street located
within the borough more than five years after the completion of the
paving of the street shall restore the pavement in accordance with
the following regulations and standards:
(1)
When a longitudinal opening longer than 100 feet is
made in the pavement, the traffic lanes in which the opening is made
shall be overlayed for the entire length of the portion of the street
that was opened, if the borough's Director of Public Works determines
that the rideability or structural integrity of the portion of the
street that was opened has been impaired by the opening.
(2)
When four or more openings are made by the same person
within a section of a street of 100 linear feet, the borough's Director
of Public Works may require the person to mill and overlay the traffic
lanes for the entire length of the street extending from the first
such opening through the last such opening.
C.
When traffic lanes of a street are overlayed, the
edge of the overlayed traffic lane shall be milled to a depth of 1 1/2
inches for the entire length of the overlayment in order to ensure
a smooth joint with proper elevation and cross section. Traffic lane
or pavement markings that are covered, removed or destroyed by any
opening or overlayment shall be restored.
[Amended 5-10-1989 by Ord. No. 11-1989; 10-20-1993 by Ord. No. 21-1993; 3-17-1999 by Ord. No. 5-1999]
Any person who violates or permits the violation
of any provision of this chapter shall, upon conviction thereof in
a summary proceeding brought before a District Justice, be guilty
of a summary offense and shall be subject to the payment of a fine
of not less than $25 and not more than $1,000, plus the costs of prosecution.
Upon default of payment thereof, the defendant may be sentenced to
imprisonment in the county prison for a period of not more than 30
days. Each section or provision of this chapter that is violated shall
constitute a separate offense, and each day or portion thereof in
which a violation of this chapter is found to exist shall constitute
a separate offense, each of which violations shall be punishable by
a separate fine imposed by the District Justice of not less than $25
and not more than $1,000, plus the costs of prosecution, and, upon
default of payment thereof, the defendant may be sentenced to imprisonment
in the county prison for a term not more than 30 days.
