[Adopted 2-1-1966 by Ord. No. 2-1966]
It shall be unlawful for any person, firm or
corporation to make any cuts, openings or excavations in, or to make
any tunnel or undermining under, or to place any excavated material
within, the right-of-way limits of any public street or road or alley
in the Borough of New Salem except in accordance with the terms of
this article.
[Amended 10-7-2008 by Ord. No. 1-2008]
The applicant for any such work shall file with
the Building Code Official a written application on a form to be furnished
by the Borough. Such application shall set forth the name and address
of the applicant, the purpose for which the work is to be done, the
location of the work with reference to adjoining streets, the length,
width and depth of the proposed work and such other information as
the Building Code Official may require.
Such application shall also contain the written
agreement of the applicant to comply with all the terms hereof, and
the bond of the applicant, without surety, in an unlimited amount,
conditioned that the applicant shall comply with all the terms hereof,
shall indemnify and save harmless the Borough, its agents, servants
and employees of and from all costs, expenses, claims or demands resulting
from injury or damages to persons or property in the course of such
work, and shall immediately pay to the Borough, upon demand, all costs
of labor and material required to repair or replace any damage or
deterioration to any street or road by reason of the defective performance
of such work, and any subsidence in the surface thereof, plus an additional
sum of 15% thereof for administration, for a period of 36 months from
the date of completion of such work. If any such damage, deterioration
or subsidence shall occur within said period, the Borough shall cause
the same to be repaired or replaced, and the applicant shall forthwith
pay to the Borough, upon demand, such cost and administration charge;
provided, however, that any public utility holding a certificate of
operation from the Pennsylvania Public Utility Commission may be excused
from the necessity of furnishing bond, but nothing in this exception
from bond shall in any way relieve said utility from liability for
costs, expenses, claims, demands of damages as aforesaid.
[Amended 10-7-2008 by Ord. No. 1-2008]
At the time of filing such application, the
applicant shall furnish to the Building Code Official certificates
showing that the applicant is insured, with specific reference to
work to be done within public streets or roads, against liability
for injury to any person to the extent of $100,000 for each person
and $300,000 for each accident, and for damage to property to the
extent of $50,000 for each accident.
At the time of filing such application, the
applicant shall pay to the Borough a fee as set from time to time
by resolution of Borough Council.
If the Building Code Official shall be satisfied
that all the terms hereof shall have been complied with, he shall
issue to the applicant a permit for such work, which permit shall
expire 30 days from the date of issuance unless extended by the Building
Code Official for cause shown.
No applicant shall do any such work in such
manner or at such location as to interfere with access to any fire
house or fire hydrant, nor shall any street or road be closed to vehicular
traffic by reason of such work unless and until the applicant shall
first have obtained the approval of the Borough Fire Department and
Police Department of such intended closure. In the absence of such
approval, no such work shall be done in any manner so as to leave
available for vehicular traffic less than 1/2 the width of the cartway
of any street or road. No such work shall be done which blocks or
could block the flow of surface water in any gutter, street, ditch,
alley or right-of way.
During all periods of work, the applicant shall
place and constantly maintain at the site such barricades, warning
signs, lights, railings, temporary passageways, flagmen and other
protective and safety devices as may be necessary to prevent injury
or damage to persons or property, and shall take such steps and adopt
such measures as may be necessary to protect all adjoining private
property from damage by reason of such work.
Before beginning any such work in any street
or road in which gas, water, sewer or other utility mains, pipes,
lines or laterals are or may be located, the applicant shall notify
the owners of all such mains, pipes, lines or laterals of such intended
work, shall take all steps to adopt all measures which may be necessary
to prevent damage to the same and shall promptly repair or replace,
or pay the costs of repairing or replacing, any such damage to the
same.
All backfilling of any such cut, opening, excavation,
tunnel or undermining shall be done in layers of not more than six
inches, each of which shall be thoroughly tamped and compacted. The
surface of all such completed work shall immediately be replaced by
the applicant in accordance with the Borough specifications for the
construction of new streets and roads.
All such work shall be proceeded with and completed
as promptly as possible, without any unreasonable interruption or
cessation of the work. Upon completion of the work the applicant shall
immediately clean up and remove all excavated material and other equipment
and material from the street, road, sidewalk and adjoining private
property. The applicant shall file with the Building Code Official
a map, plan or drawing showing in detail the location of mains, pipes,
lines, laterals or conduits that were installed in the excavation
for which the permit was obtained.
No cut, opening or excavation in any street
or road in excess of 300 feet in length shall be permitted to be opened
at any one time.
No application, application fee or permit shall
be required prior to making any cut, opening, excavation, tunnel or
undermining in any existing street or road as the result of any emergency,
disaster or catastrophe, but as soon thereafter as possible the person
doing such work shall file the application, pay the application fee,
obtain the permit and comply with all other provisions hereof.
Any person, firm or corporation violating any
of the provisions hereof shall, upon conviction thereof in a summary
proceeding before a Magisterial District Judge be sentenced to pay
a fine of not more than $600 and costs of such proceedings, and, in
default thereof, to undergo imprisonment in the York County Jail for
a period not exceeding 30 days. All such fines shall be paid to the
general fund of the Borough.
