[Adopted as § 15-1 (Ord. No. 3, 4) of the
1970 Revised General Ordinances]
[Amended 3-27-2019 by Ord. No. 783]
Any excavation or tunnel which is not a minor street opening.
Any excavation or tunnel which extends less than 30 linear
feet and is less than six feet in depth.
Any street, road, highway, public way, public alley, easement
or other right-of-way accepted or maintained by the Borough as a public
thoroughfare as well as any state or county road or highway over which
the Borough has acquired jurisdiction by agreement.
Any subsurface excavation performed by augering, directional
drilling, pipe-jacking or any similar trenchless construction procedure.
[Amended 3-27-2019 by Ord. No. 783]
A.
No person shall make an excavation in or tunnel under any street
without first obtaining a permit issued by the Superintendent of Public
Works following review of the proposed street opening (major or minor)
by the appropriate public official.
B.
Emergency opening. An opening may be commenced without a permit when
an emergency has arisen which makes it necessary to commence work
immediately; provided, however, that prior to work commencing, the
application for a permit shall be filed with the Borough Clerk, or
in the case of an emergency during nonbusiness hours, the next business
day, along with the requisite fees and guarantees as required. In
all cases where emergency work is to be performed, immediate notice
must be made to the Alpine Police Department and the Superintendent
of the Department of Public Works prior to work commencing. Issuance
of an emergency permit shall be retroactive to the date on which the
work was begun.
C.
A road opening permit issued under this section shall be valid for
a period of 45 days which may be extended upon written request to
the Superintendent of the Department of Public Works for an additional
45 days.
D.
The Superintendent of the Department of Public Works may issue permits
to other public bodies without a fee.
[Amended 3-27-2019 by Ord. No. 783]
The Superintendent of Public Works is authorized to refuse the
issuance of any permit if such refusal is in the interest of public
safety, convenience or health. In the event that a permit shall be
refused by the Superintendent, an appeal may be taken to the Borough
Council. The Council, after hearing the applicant and the Superintendent
and other evidence as may be produced, may either direct the issuance
of the permit or sustain the refusal of the Superintendent.
[Amended 3-27-2019 by Ord. No. 783]
A.
Application for a permit shall be made to the Department of Public
Works and shall contain the following information:
(1)
Name, address, telephone number and email of the applicant.
(2)
Property owner's name, address, telephone number and Borough
tax map block and lot number of the property for the benefit of which
the opening is to be made.
(3)
Street in which the opening is to be made and street number, if any,
of the abutting property.
(4)
Nature of the surface in which the opening is to be made.
(5)
Character and purpose of the work proposed.
(6)
Dimensions of the opening to be made: depth, length, and width.
(7)
Time when the work is to commenced and completed.
(8)
Each application must include a drawing or set of plans, in duplicate,
showing the exact location and dimensions of all openings.
(9)
Names of the architect and engineer.
(10)
Name and address of the contractor performing the work.
(11)
Name, address, and 24/7 telephone number of the party to be
reached in the event of an emergency.
(12)
Name of the street where the opening is to be made and the street
number, if any, of the abutting property.
(13)
The Borough tax map block and the lot number of the property
for the benefit of which the opening is to be made.
(14)
Signed acknowledgement that the applicant agrees to replace,
at his own cost and expense, the street, curb, gutter, bike path,
sidewalk, catch basins, manholes and all other disturbed areas, so
as to restore said area to such state and condition as complies with
Borough standards, within 90 days of the street opening; provided,
however, that within 24 hours of such opening, the area shall be temporarily
restored by the placement of a stabilized base course, maintained
as determined in the reasonable judgment of the appropriate Borough
official, until the final surface has been laid. The final surface
shall not be installed between November 15 and April 15 unless otherwise
permitted by a written authorization of the Superintendent of Public
Works or the Borough Engineer.
(15)
In the case of a proposed road opening that 1) would require
sheeting or shoring; 2) could impact the structural stability of the
thoroughfare in which the excavation or tunnel is proposed, or any
private property or structure(s) adjacent thereto; or 3) could create
a situation that may impact the health and safety of the general public
and the workers involved in the project served by the road opening;
the Borough Engineer can require fully engineered plans, supporting
design calculations, geotechnical investigations and permits from
any other governmental agencies having jurisdiction.
[Amended 3-27-2019 by Ord. No.
783]
A.
Minor road opening permit. Openings up to 30 feet in length: $250.
B.
Major road opening permit. Openings in excess of 30 feet in length:
$300, plus $0.50 per linear foot in excess of 30 feet.
C.
Exception: In the event that a public utility shall be exempted by
statute from payment of fees as required by the preceding subsection,
the utility company shall nevertheless file with the Borough Clerk
annually a surety bond, approved as to form by the Borough Attorney,
in the penal sum of not less than $25,000, conditioned upon the complete
restoration of the disturbed surface to such condition as complies
with Borough standards.
[Amended 3-27-2019 by Ord. No.
783]
Each applicant for a major road opening permit must deposit in trust with the Borough Clerk an amount as determined by the appropriate Borough official which is an estimate of all anticipated inspection and engineering costs and fees. In the event that such actual costs and fees are less than the amount deposited in trust, then the Borough shall refund the difference between the amount deposited in trust and the actual costs and fees charged to the applicant. In the event that such actual costs and fees exceed the amount deposited in trust, then the difference between the actual costs and fees and the amount deposited in trust may be payable from the cash bond required by the terms of § 192-8C or by replenishment of the trust account by the applicant.
[Amended 2-25-1998 by Ord. No. 539; 7-28-1999 by Ord. No. 560]
No permit shall be issued until the applicant
has filed a bond in an amount determined to be sufficient by the Borough
Engineer. The bond shall be for a period of two years or until the
Borough Engineer has determined that the work has been completed in
accordance with the provisions of this article and that any excavation
has not settled or caved in, whichever is the first to occur. The
bond shall be in cash or acceptable equivalent approved by the Borough
Attorney if the amount determined for the required work is less than
$1,000. Any amount in excess of $1,000 may be covered by a surety
bond in a form approved by the Borough Attorney. If the total amount
determined by the Borough Engineer exceeds $4,000 then an additional
25% of such amount must be in cash or acceptable equivalent (i.e.,
on a $6,000 estimate, requirements would be a $6,000 surety bond and
in addition $1,500 in cash or equivalent). A bond in the minimum amount
of $500 shall be required for each application for a curb permit.
No permit shall be issued until the applicant
has furnished the Superintendent of Public Works with satisfactory
proof that he is insured against injury to persons and damage to property
caused by any act or omission of the applicant, his agents, employees
or subcontractors done in the course of the work to be performed under
the permit. The insurance shall cover all hazards likely to arise
in connection with the work, including but not limited to collapse
and explosion, and shall also insure against liability arising from
completed operations. The limits of the policy of insurance shall
be $100,000 for injury to any one person, $300,000 for injuries to
more than one person in the same accident, and an aggregate of $100,000
for property damage for a single incident. The Superintendent may
waive the requirements of this section in the case of public utilities
upon the presentation of satisfactory proof that it is capable of
meeting claims against it up to the amount of the limits of the insurance
policy which would otherwise be required.
All permits issued under this article shall
be subject to the following rules and regulations:
A.
All excavations shall be kept properly barricaded
at all times and during the hours of darkness shall be provided with
proper warning lights. This regulation shall not excuse the permittee
from taking any other precautions reasonably necessary for the protection
of persons or property.
B.
All work shall be done in such a manner as to cause
a minimum of interference with travel on the street affected. No street
shall be closed to traffic unless the closing is approved by the Chief
of Police. The Police Department shall be informed of all street closings
at least 24 hours in advance, except where the work is of an emergency
nature when notice shall be given to the Police Department when work
commences.
C.
The Superintendent of Public Works may, upon application
by the permittee, extend the time limit during which the permit shall
be valid.
D.
All refuse and material must be removed within 48
hours.
E.
All excavations shall be completely backfilled by
the permittee, and shall be compacted by tamping or other suitable
means in a manner prescribed by the Superintendent of Public Works.
Where the Superintendent determines that the excavated material is
unsuitable for backfill, the permittee shall backfill the excavation
with sand, soft coal, cinders or other suitable material which shall
be placed in layers not exceeding six inches in depth and thoroughly
compacted in the manner prescribed by the Superintendent. Upon completion
of the work, the permittee shall remove any excess material and leave
the premises in a clean condition. If the Superintendent determines
that any backfilled excavation has settled or caved in, he shall so
notify the permittee, who shall promptly continue backfilling until
the Superintendent determines that settlement is complete.
F.
If tunneling operations are required, the tunnel shall
be backfilled with rammed concrete composed of one part cement to
10 parts sand.
G.
If blasting is required to be done in the course of
any excavation, it shall be done in strict compliance with all applicable
state laws and regulations.
H.
If the work is not completed within the time specified
in the permit or any extension granted by the Superintendent of Public
Works, or is not performed in accordance with the regulations set
forth in this section and any other regulations that may be established
by the Superintendent of Public Works, then the Superintendent may
complete the work itself and restore the surface of the street. The
cost of completing the work and restoring the street shall be charged
to the permittee and may be deducted from his deposit or recovered
by an action in any court of competent jurisdiction.
In all cases the permittee shall restore the
surface of the street in accordance with the following rules, regulations
and requirements:
A.
No permittee shall commence the restoration of any
street foundation or surface until the Superintendent of Public Works
and the Borough Engineer have determined that settlement of the subsurface
is complete and the area properly prepared for restoration.
B.
The street surface shall be restored so as to extend
36 inches beyond the excavation on all sides. The restoration shall
be performed so as to have the repaved area appear reasonably similar
to the existing pavement. Infrared, or equal type of technology, may
be required to be used for the restoration process.
[Amended 6-22-2005 by Ord. No. 654]
C.
The street surface shall be restored to the satisfaction
of the Borough Engineer.
A.
Transferability. A permit shall apply only to the
person to whom it is issued and shall not be transferable.
B.
Commencement of work. Work under a permit shall commence
within 45 days from the date of issuance of the permit. If work is
not commenced within that time, the permit shall automatically terminate
unless extended in writing by the Superintendent of Public Works.
C.
Possession of permit. A copy of the permit together
with a copy of the plan endorsed with the approval of the Superintendent
must be kept in possession of the person actually performing the work
and shall be exhibited on demand to any duly authorized employee of
the Department of Public Works or to any police officer of the Borough.
D.
Revocation of permit. The Superintendent of Public
Works may revoke a permit for any of the following reasons:
(1)
Violation of any provision of this article or any
other applicable rules, regulations, law or ordinance.
(2)
Violation of any condition of the permit issued.
(3)
Carrying on work under the permit in a manner which
endangers life or property, or which creates any condition which is
unhealthy, unsanitary or declared by any provision of this Code to
constitute a nuisance.
(4)
The procedure for revoking a permit shall be the same
as that set forth for the revocation of licenses, except that the
initial hearing shall be before the Superintendent with a right of
appeal to the Borough Council; and the Superintendent may provide
in his decision that the revocation shall not become effective if
the permittee corrects the violation within a specified period of
time.
E.
Modification of permit conditions. In a special case
the Borough Council may by resolution impose special conditions to
which the issuance of the permit may be subject, or may decide that
any provision of this article shall not apply or shall be altered.
