[Adopted 3-1-2006 by Ord. No. 1212]
The following words, when used in this article, shall have the
meanings ascribed to them in this section, except in those instances
where the context clearly indicates otherwise:
Includes any natural person, partnership, firm, association
or corporation.
Any public street, avenue, road, lane, court, cul-de-sac,
square, alley, highway or other public place located in the Borough
of Lansdowne and either for or intended for public use, and shall
include the cartway, sidewalk, gutter, and/or right-of-way area, whether
or not such street or any part thereof is owned in fee by others than
the Borough.
It shall be unlawful for any person to open, break or to make
any excavation of any kind in any street in the Borough of Lansdowne
by digging or otherwise or to dig a tunnel under the surface of any
street without first securing a permit therefor as hereinafter provided.
It shall be unlawful for any person to construct any public
or private driveway or road so as to open into any Borough street
without first securing a permit therefor as hereinafter provided.
The design and construction of such driveway or road shall be in accordance
with the latest Borough standards and specifications.
Any person who shall desire to make any opening or excavation
in any of the streets in the Borough of Lansdowne shall make application
to the Borough Engineer and/or Codes Department in writing for the
purpose. Such application shall be made upon 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 thereon and such other information as may be required
upon said application, and it 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 Lansdowne and the laws of the commonwealth
in relation thereto, and that the applicant shall 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.
Any person who shall make any opening or excavation in any of
the streets in the Borough of Lansdowne, whether by drilling, boring,
driving or tunneling or trenching under, across or through any street,
shall restore the street to a condition equal to or better than its
condition prior to such opening or excavation.
A.
Any person who shall make an opening or excavation in any street
in the Borough of Lansdowne shall perform all such opening or excavation
work and the restoration work required hereunder in accordance with
the standards and provisions set forth in 67 Pa. Code § 459.8,
as amended. Likewise, any aboveground construction shall be in performed
accordance with 67 Pa. Code § 459.9. All references in foregoing
Code sections to the District Office, the Department of Transportation
or similar references shall be deemed to be references to the Borough
of Lansdowne.
B.
In addition to the foregoing work standards, the Borough Engineer
and/or Codes Department shall be entitled to promulgate rules and
regulations governing the opening, excavation, refilling, resurfacing
and repaving of streets in the Borough of Lansdowne, and after the
same have been approved by the Council of the Borough of Lansdowne
and entered upon the minutes of Council, any work to be done or performed
by any applicant or permittee governed by the terms of this article
shall be done in compliance with such rules and regulations. Copies
of said rules and regulations shall be furnished to any person making
application hereunder.
C.
If and to the extent that any person shall open or excavate any portion
of a street in a manner which results in 20 linear feet or more of
such street being excavated on one side of the street only, then such
person shall be required to repave the street the full length of the
excavation from the center line of the street to the curb on the side
of the street on which the excavation occurred; or in a manner which
results in 20 linear feet or more of such street being excavated and
such excavation occurs on both sides of the street, then such person
shall be required to repave the street the full length of the excavation
from curb to curb.
The applicant for any street opening within the Borough of Lansdowne
shall submit at the time of application a detailed traffic plan, to
be approved by the Police Department. The traffic plan will consist
of a diagram of the traffic flow pattern, along with the means to
be used for closing the street to normal traffic, length of time for
closure and the type of equipment to be used as traffic flow indicators.
The Chief of Police and/or his or her designee shall have full authority
to close, change or redirect any and all such activity that would
hamper the safety and well-being of the general public.
Before any permit shall be issued to open or excavate any street,
the applicant shall pay a fee as provided in the Borough of Lansdowne's
fee resolution, as the same may be revised by Council from time to
time.
In the event that any work performed by or for a permit holder
shall, in the opinion of the Borough Engineer and/or Codes Department,
be unsatisfactory and the same shall not be corrected in accordance
with his or her instructions within the time fixed by him or her 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 costs thereof, plus 25%, to the applicant.
In the 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 Engineer and/or Codes Department, after
such notice as he or she 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.
In the event that the Borough Engineer and/or Codes Department
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, then 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 Engineer
and/or Codes Department. Should any owner of property abutting on
such street fail or refuse to make any connections or repairs required
to be made hereunder, the Borough shall have the right to perform
such work and to assess the costs for such work against the owner
and the property, such costs to be a lien against the property as
provided for in the Municipal Claims and Tax Lien Act, Act of May
16, 1923, P.L. 207, as amended and supplemented.[1] 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 Engineer and/or Codes Department.
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 Council.
[1]
Editor's Note: See 53 P.S. § 7101 et seq.
Any person, whether principal, agent or employee, violating
or assisting in the violation of any of the provisions of this article
shall, upon conviction in summary proceedings, pay a fine of not more
than $1,000 or shall be imprisoned for not more than 90 days, or both
such fine and imprisonment. Each day that a violation of this article
occurs shall be deemed a separate offense.
