[HISTORY: Adopted by the Borough Council of the Borough of Baldwin as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCESAttachment 1 - Bituminous Street Repair
Building construction and housing standards — See Ch. 74.
Grading, excavations and fill — See Ch. 99.
Manholes — See Ch. 112.
Property maintenance — See Ch. 131.
Sewers and connections — See Ch. 134.
Subdivision and land development — See Ch. 142.
Vehicles with studded tires — See Ch. 160.
Zoning — See Ch. 168.
[Adopted 6-23-1958 by Ord. No. 156; amended in its entirety 6-20-2017 by Ord. No. 880]
From and after the adoption of this article, it shall be unlawful for any person, persons, corporation or association of persons to open or excavate in any street, alley, road or highway of said Borough or cause the same to be done for the purpose of laying, relaying or repairing any gas, water or sewer line or conduit or for any other purpose whatsoever, including the making of house or service connections therewith, except in pursuance of the regulations in the following sections prescribed.
It shall be unlawful for any person to open or to make any excavation of any kind in any of the streets in the Borough of Baldwin without first securing a permit therefor, as hereinafter provided.
Any person who shall desire to make any opening or excavation in any of the streets in the Borough of Baldwin shall make application to the Borough Secretary, in writing, for the purpose. Such application shall be made upon application forms to be furnished by the Borough and shall set forth the name of the applicant, the exact location of the proposed opening or excavation and the approximate size or depth thereof and 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 of Baldwin and the laws of the Commonwealth of Pennsylvania in relation thereto and that the applicant shall well and truly save, defend and keep harmless the Borough of Baldwin from and indemnify it against any and all actions, suits, demands, payments, costs and charges for or by reason of the proposed opening or excavation and all damages to persons or property resulting in any manner therefrom or occurring in the prosecution of the work connected therewith or from any other matter, cause or thing relating thereto.
Before any permit shall be issued to open or excavate any street in the Borough of Baldwin, the applicant shall pay to the Borough a permit fee in the minimum amount of $50 to cover the cost of inspection and other incidental services in connection therewith. When application shall be made to open or excavate any longitudinal opening or excavation in excess of 10 feet, before any permit shall be issued so to open or excavate, the applicant shall pay, in addition to the minimum permit fee, an additional fee at the rate of $50 for every 100 feet or any fraction thereof to be opened; any footage in excess of 100 feet shall be charged an additional $20. In addition to the permit fee herein charged, the applicant for the permit shall deposit with the Borough Secretary the additional sum of $100 for each 25 linear feet of opening or fraction thereof in any street, alley, road or highway in the Borough, but in no event shall such deposit be less than $400; provided, however, that when such opening or excavation shall exceed 100 linear feet in length, the applicant shall submit to the Borough Secretary a bond with approved surety and double the amount of the total deposit required, which bond, if approved by the Council of the Borough of Baldwin, shall be conditioned on the faithful observance for all of the terms and conditions of this article. When any person or persons, corporations or associations of persons shall have occasion to make frequent openings or excavations in the streets, alleys, roads or highways of the Borough of Baldwin, in lieu of the deposit required herein, such persons shall file a bond with the Borough Secretary on or before the 15th day of January of each and every year, which bond shall be in the amount of $5,000 or such other amount as the Borough Council, by resolution, may from time to time designate, which bond, if approved by the Council of the Borough of Baldwin, shall likewise be conditioned on the faithful observance of all the terms and conditions of this article. The deposit required hereto shall be retained by the Borough to ensure the completion of the refilling and resurfacing of any excavation or opening of any Borough street, and upon said completion, the sum shall be returned to the depositor.
All driveways, walkways, sidewalks, steps or other surfaces which utility companies require opening for the installation or repair of utility lines or any other persons requiring the opening of a public street in the Borough of Baldwin shall be replaced in kind with the following minimums:
Bituminous driveways: Six inches of compacted stone or gravel subbase, four inches of bituminous concrete base course with 1 1/2 inches of HMA fine graded wearing course.
Concrete driveways: Six inches of compacted AASHTO No. 57 gravel subbase, six inches of PennDOT Class AA concrete reinforced with WWF 6 x 6, W2.9 x W2.9 with stiff broom finish or to match existing if approved by the Borough; also to include trowel edges and PennDOT 408 approved section.
Sidewalks: Five inches of compacted AASHTO No. 57 gravel subbase and five inches of PennDOT Class AA concrete reinforced with WWF 6 x 6, W2.9 x W2.9 with stiff broom finish, troweled edges and to have a PennDOT approved sealer.
Berm areas disturbed shall be replaced with compacted stone or gravel backfill, minimum three-foot width and six-percent maximum cross slope from the road edge (wider if directed by the Borough or to match existing). Areas beyond the berm are to be backfilled with compacted soil and top with four inches of topsoil and seeded and mulched per PennDOT Form 408. The top six inches of material shall be replaced in kind.
All joints on bituminous driveways shall be sealed with PG 64-22.
All other materials used shall conform to Pennsylvania Department of Transportation Publication 408 specifications, and the replacement of all streets shall be in accordance with the Borough Standard Detail B-101-B. All subbase material noted above shall be natural stone or gravel. No slag shall be used.
All other work in connection with openings in any street, including excavation, protection, refilling and temporary paving, shall be done by the applicant at his expense, and all such work shall be subject to the provisions of this article and to the review and approval of the Borough.
The contractor or person doing the work of opening or excavating as aforesaid shall at all times maintain in possession and shall exhibit to any official of said Borough upon demand the permit to do said work, which permit only shall be evidence of authority for the doing of said work.
Each and every opening or excavation made in pursuance of the permit herein provided, so long as the same shall remain open, shall be protected by a suitable barricade during daytime and by a barricade and flashing yellow lights at night, and the same shall be allowed to remain open only so long as shall be reasonably necessary, not exceeding five days, to complete in each 25 linear feet thereof the work and purpose for which the opening or excavation shall have been made.
Provide traffic control in accordance with PennDOT Publication 213 and the Manual for Uniform Traffic Control Devices (MUTCD). All proposed detour routes are subject to review and approval by the Baldwin Chief of Police.
Provide erosion and sedimentation control in accordance with Department of Environmental Protection, Chapter 102, requirements.
At the expiration of six months from the excavation of any street, alley, road or highway in the Borough, should said street, alley, road or highway be found in proper condition, the sum or sums deposited at the time of the taking out of the permit shall be refunded upon return of the permit and upon a review of the Borough, but should the street, alley, road or highway at any time within the six months be found in bad condition by reason of the opening or excavation, it shall be repaired by the Borough of Baldwin, and the deposit made or bond given shall be liable for the cost and expense thereof, provided that if the opening or excavation, in the case only of openings or excavations for house or service connections, is, in the opinion of the Borough, in proper condition sooner than the expiration of said six months, the sum or sums so deposited may be refunded.
This article shall not be deemed to repeal the provisions of Ordinance No. 124, adopted the 21st day of March, 1957, by the Borough of Baldwin, relating to excavations by the Bell Telephone Company of Pennsylvania or the successor or assigns.
Any person, whether as principal, agent or employee, violating or assisting in the violation of any of the provisions of this article shall, upon conviction thereof before the District Judge, pay a fine of not more than $300, plus costs of prosecution, or be imprisoned for up to 30 days.
Any person, firm or corporation desiring to cut or otherwise alter any existing curb owned or maintained by the Borough of Baldwin shall, prior to such action, if the property concerned is a property used for residential purposes, make application to the Building Inspector of the Borough or, if the property concerned is a property used for commercial purposes, to the Borough Council for a permit to perform the work which may affect the curb in any manner whatsoever. Said written application shall indicate thereon the name of the street, highway or road and the place at which the cutting or other alteration will take place and the type of work to be performed which will affect said curb and shall also contain a statement to the following effect: "It is agreed by the applicant that the within request is for a license only, revocable by the Borough of Baldwin at any time upon a decision by the Council of the Borough of Baldwin, and that the applicant will, at the sole expense of said applicant, replace or restore any Borough installation to its prior condition before cutting or other alteration."
Upon payment of the fee of $2 by the applicant for said permit, the Borough Building Inspector or the Borough Council, as the case may be, may issue said permit to the applicant, which permit shall indicate thereon the name of the street, highway or road and the place at which the cutting or other alteration will take place.
Any person, firm or corporation requesting a permit for the cutting or other alteration of a curb in the Borough shall perform such work in accordance with the Borough of Baldwin's Standard Details. Such person, firm or corporation shall restore the surface of any publicly dedicated easement to a condition substantially the same as it was before with the exception of the cutting or alteration approved by the Borough.
This section is hereby amended by adding thereto the bituminous street opening repair public improvement requirements as shown on the attached drawing designated as "B-101-B," which is attached hereto and made a part hereof. All of the drawings and specifications set out therein shall hereby be designated as the required public improvement requirements of the Borough of Baldwin. The specifications attached hereto for repairing street openings apply to streets that have been reconstructed or resurfaced within five years prior to the date of the proposed reopening or repair and all other streets as specified on the detail.
Editor's Note: The drawing appears at the end of this chapter.
Any person, firm or corporation, prior to the issuance of any permit provided for in this article, shall deposit with the Borough Secretary a sum of money equal to $5 per foot of each linear foot of curb cut or altered. In lieu of said deposit, a bond in an equivalent amount may be deposited with said Borough Secretary, conditioned for the faithful compliance with the terms of this article, which bond shall be returned to the applicant by the Borough Secretary upon review of the Borough that the work has been accomplished in accordance with the terms of this chapter.
Should any person, firm or corporation, after having cut or altered any curb in the Borough, fail, neglect or refuse to comply with the terms of this article or the instructions or directions of the Building Inspector or the Council of the Borough of Baldwin pertaining to said work, the proper Borough officials shall proceed to have the street, road or easement placed in proper condition at the cost of the person, firm or corporation to whom the permit was issued, said cost to be deducted from the cash deposited aforesaid or, in the event that a bond is deposited, the Solicitor shall be authorized or directed to proceed on the bond for the collection of any amount due. If the cost of repairs exceed the amount deposited or bond deposited the Borough may proceed with collection in Civil Court.
Any person, firm or corporation who or which shall violate any of the provisions of this article shall, upon conviction thereof before the District Judge, be sentenced to pay a fine of not more than $300 plus costs of prosecution, or to imprisonment for up to 30 days.