[Adopted 12-28-1992 by Ord. No. 92-85 (Ch.
VIA of the Revised General Ordinances)]
As used in this article, the following terms
shall have the meanings indicated:
Any road, highway, public way, public alley, easement or
other right-of-way accepted or maintained by the Borough as a public
street, as well as any state or county road or highway over which
the Borough has acquired jurisdiction.
A.
No person shall make an excavation in or tunnel under
any street without first obtaining a permit from the Superintendent
of Public Works or his designee.
[Amended 7-16-1997 by Ord. No. 97-8]
B.
A tunnel or excavation may be commenced without a
permit where an emergency has arisen which makes it necessary to start
work immediately, provided that the application for a permit is made
simultaneously with the commencement of the work or as soon thereafter
as is practical. When issued, the permit shall be retroactive to the
date on which the work began.
A.
The Superintendent of Public Works or his designee
is authorized to refuse the issuance of any permit if he ascertains
that such refusal is in the interest of public health, safety or welfare.
[Amended 7-16-1997 by Ord. No. 97-8]
B.
If a permit is refused, an appeal may be taken to
the Mayor and Borough Council. The Mayor and Borough Council, after
hearing the applicant and such other evidence as may be produced,
may either direct the issuance of the permit or sustain the refusal.
A.
An application for a permit may be obtained from the
Borough Hall during normal business hours and shall contain the following
information:
(1)
Name and address of the applicant.
(2)
Name of the street where the opening is to be made
and the street number, if any, of the abutting property.
(3)
The Borough tax map block and lot number of the property
for the benefit of which the opening is to be made.
(4)
Nature of the surface in which the opening is to be
made.
(5)
Character and purpose of the work proposed.
(6)
Time when the work is to be commenced and completed.
(7)
The name and address of the workman or contractor
who is to perform the work, along with a twenty-four-hour emergency
phone number.
(8)
A statement that the applicant agrees to replace,
at his own cost and expense, the street, curb, gutter, sidewalk, landscaping,
etc., in the same state and condition satisfactory to the Superintendent
of Public Works or his designee within 48 hours of the commencement
of the same.
[Amended 7-16-1997 by Ord. No. 97-8]
B.
Each application shall be accompanied by a set of
plans in quadruplicate showing the exact location and dimensions of
all properties and utilities within 200 feet of proposed openings.
C.
No opening shall be commenced on a Saturday, Sunday
or legal holiday except in the case of an emergency.
D.
Forty-eight hours' notice to the Borough Public Works
Department is required prior to commencement of opening.
E.
It is the responsibility of the applicant to notify
all utility agencies (i.e., water, sewer, gas, electric and cable
television) of locations in the area being affected by said opening.
Each permit shall state the identity and address
of the applicant, the name of the street and the location where the
excavation or tunnel is to be made, the dimensions of the opening
and the period during which the permit shall be valid. The original
of each permit shall remain on file with the clerk. All fees shall
be paid prior to the issuance of a permit.
A.
The application fee shall be $150. The applicant shall
also be required to deposit, in cash or certified check or, in the
Borough's discretion, a bond, a sum determined by the Borough Engineer
to be necessary to defray the expense of restoring the street to its
preexisting condition should the permittee fail to do so. In addition,
the applicant will be responsible for payment of inspection fees billed
by the Superintendent of Public Works or his designee.
[Amended 7-16-1997 by Ord. No. 97-8]
B.
All moneys on deposit will be held until the maintenance
period is completed.
No permit shall be issued until the applicant
has furnished the Borough 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 the completed operations.
The limits of the policy of insurance shall be $100,000 for injury
to any one person and $300,000 for property damage for a single incident.
The Borough may waive the requirements of this section in the case
of a public utility 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 section 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 precaution 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 Borough
Council. The Borough Council 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 when work commences. Traffic control
devices and their placement shall be in accordance with the Manual
on Uniform Traffic Control Devices for Streets and Highways, subject
to the review of the Superintendent of Public Works or his designee.
[Amended 7-16-1997 by Ord. No. 97-8]
C.
All refuse and material shall be removed within 48
hours.
D.
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
or his designee. Where the Superintendent of Public Works or his designee
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 with a
mechanical vibrator or in the manner prescribed by the engineer. The
permittee shall replace all shoulder stone to a depth of six inches
and thoroughly compact it with a mechanical compaction device. Upon
completion of the work, the permittee shall remove any excess material
and leave the premises in a clean condition. If it is determined that
any backfilled excavation has settled or caved in, the Superintendent
of Public Works or his designee shall so notify the permittee, who
shall promptly continue backfilling until settlement is complete.
[Amended 7-16-1997 by Ord. No. 97-8]
E.
If tunneling operations are required, the tunnel shall
be backfilled with rammed concrete with a minimum 4,000 pounds per
square inch.
F.
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.
G.
If the work is not completed within the time prescribed
in the permit or any extension granted by the Borough or is not performed
in accordance with the regulations set forth in this section and any
other regulations, the Borough 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
or his designee has determined that settlement of the subsurface is
complete and the area properly prepared for restoration. Temporary
cold patch will be required for a minimum of three months prior to
final road restoration to ensure proper settlement, or as directed
by the Superintendent of Public Works or his designee. It is the permittee's
responsibility to maintain the opening and affected areas during the
three-month settlement period in a safe condition, or as prescribed
by the Superintendent of Public Works or his designee.
[Amended 7-16-1997 by Ord. No. 97-8]
B.
The street surface shall be restored so as to extend
a minimum of one foot beyond the excavation on all sides.
C.
The street surface shall be restored pursuant to the
section designated by the Superintendent of Public Works or his designee
in the permit, but in no case shall be less that the structural equivalent
of the following:
[Amended 7-16-1997 by Ord. No. 97-8]
A.
Transferability. A permit shall apply only to the
person to whom it is issued and shall not be transferable.
B.
Commencement/completion 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 Borough. The work must
be completed with six months of the date of the permit.
C.
Possession of permit. A copy of the permit, together
with a copy of the plan endorsed with the approval of the Superintendent
of Public Works or his designee, shall be kept in possession of the
person actually performing the work and shall be exhibited on demand
to any duly authorized employee of the Borough or a police officer.
[Amended 7-16-1997 by Ord. No. 97-8]
D.
Revocation of permit. The Borough Council may revoke
a permit for any of the following reasons:
(1)
Violation of any provision of this section or any
other applicable rules, regulations, laws or ordinances.
(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 article
to constitute a nuisance. The procedure for revoking a permit shall
be commenced by serving notice upon the permittee by regular mail
and certified mail seven days prior to the scheduled hearing date.
Thereafter, an initial hearing shall be held before the Borough Council
person in charge of the Road Department, with a right of appeal to
the Borough Council, and the Chairman 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.
