[Adopted 5-7-1979 as Ord. No. 364]
A.
PERSON
STREET
The following words, when used in this article, shall
have the meanings ascribed to them in this section except in those
instances when the context clearly indicates otherwise:
Means and includes any natural person, partnership, firm,
association or corporation.
Includes a street, road, lane, alley or court or public square.
B.
In this article, the singular shall include the plural
and the masculine shall include the feminine and the neuter.
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 Evans City without first securing a permit therefor as
hereinafter provided.
[Amended 8-1-1994 by Ord. No. 456; 11-6-1995 by Ord. No. 462]
Any person who shall desire to make any opening
or any excavation in any of the streets in the Borough of Evans City
shall make application to the Borough Secretary, in writing, for this
purpose. Such application shall be made upon blanks to be furnished
by the Borough and shall set forth the name of the applicant, the
exact location of the opening or excavation and the approximate size
or depth thereof and the purpose of the opening or excavation 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
and the laws of the commonwealth in relation thereto and that the
applicant shall post bond in the amount of $1,000, with surety conditioned
that he will well and truly save, defend and keep harmless the Borough
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 or
connected therewith or from any other matter, cause or thing relating
thereto, and said agreement and bond shall continue in effect for
a period of one year after the restoration of said opening or excavation.
[Amended 8-1-1994 by Ord. No. 456]
Before any permit shall be issued to open or excavate any streets in the Borough, the applicant shall pay to the Borough Secretary a permit fee in the amount as set forth in Chapter A200, Fees, 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 in any street more than 35 feet, before any permit shall be issued so to open or excavate, the applicant shall post additional bond at the rate of $10 per each running foot or fraction thereof to be opened or excavated upon such street.
[Amended 8-1-1994 by Ord. No. 456]
Any person who shall open or excavate any improved
street in the Borough shall thoroughly and completely refill the opening
or excavation, puddling and ramming so as to prevent any settling
thereafter, and shall restore the surface to the same condition as
it was before the opening or excavation; and such restoration shall
be in accordance with the specifications of the Department of Transportation
of the Commonwealth of Pennsylvania or its successors which are hereby
adopted as specifications by the Borough for restoration of surfaces
of streets in the Borough. As restored, the surface shall conform
to the proper grade and be of the same surface covering as the part
of the thoroughfare immediately adjoining the opening. The applicant
shall post bond with surety and in a sum satisfactory to the Borough
conditioned that if within one year after the restoration of the surface
as herein provided defects shall appear therein resulting from defective
backfilling by the applicant, the applicant shall reimburse the Borough
for the cost of all necessary repairs to the permanent paving.
[Amended 8-1-1994 by Ord. No. 456]
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
supervision and approval of the Borough Superintendent or his designee.
The work of excavation shall be so conducted
as not to interfere with the water mains, sewers or their connections
with the houses or any other subsurface lines or constructions until
permission of the proper authorities in connection with such subsurface
lines or constructions 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 excavating 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
in damages, or otherwise whatsoever, which may or shall be occasioned
at any time by the said excavation or by any leak, explosion or other
injury from any pipe, apparatus, conduit or any other matter placed
in the said excavation.
[Amended 8-1-1994 by Ord. No. 456]
The applicant shall notify the Borough Superintendent
when the opening or excavation is ready for backfilling, before any
backfilling is done, and when the work is completed by proper backfilling
in the case of unimproved streets and by temporary paving in the case
of improved streets.
[Amended 8-1-1994 by Ord. No. 456]
In the event that any work performed by or for
a permit holder shall, in the opinion of the Borough Engineer, 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 by the Borough Engineer, the Borough may proceed to
correct such unsatisfactory work or complete any such work not completed
and charge the cost thereof, plus 10%, to the applicant.
[Amended 8-1-1994 by Ord. No. 456]
In the case of any leak, explosion or other
accident in any subsurface pipe, line, 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 Superintendent
or person acting in such capacity, after such notice as he may 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 10%, to such owner or person.
A.
The Borough Secretary 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
and municipal authorities operating in the Borough, and all such persons
and utility companies and municipal authorities 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 Council.
B.
New paving shall not be opened for a period of five
years after the completion thereof, except in case of emergency, the
existence of which emergency and the necessity for the opening of
such paving to be determined by the Borough Council. If it is sought
to excavate upon or open a street within five years after the completion
of the paving thereof for any other reason than an emergency as above
stated, the applicant shall make written application to the Borough
Council, and a permit for such opening shall only be issued after
express approval of the Borough Council.
No new water or gas main shall hereafter be
laid or constructed and no existing water or gas main shall be extended
in any of the streets of the Borough until the exact location thereof
and the plan therefor shall have first approved by the Borough Council.
Payment for all work done by the Borough Council
under the provisions hereof shall be made by the person made liable
therefor under the provisions hereof within 30 days after a bill therefor
is sent to such person by the Borough Council. Upon failure to pay
such charges within such time, the same shall be collectible by the
Council in the manner provided for by law for the collection of municipal
claims.
[Amended 8-1-1994 by Ord. No. 456]
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 any District Justice,
pay a fine of not less than $100 nor more than $600 and, in default
of the payment of such fine and costs of prosecution, shall be imprisoned
for not more than 30 days in the county jail. All fines collected
shall be paid to the Borough Treasurer for general Borough purposes.
