[Adopted 6-11-1974 by Ord. No. 2954]
A.
PERSON
STREET
The following words, as used in this article, shall
have the meanings hereby respectively ascribed thereto:
Includes any natural person, partnership, association, municipal
authority, firm or corporation.
Any street, alley or highway in the City of Bradford, including
the roadway, gutter and curb and sidewalk area adjacent thereto, provided
that "street" shall not include any state highway or adjacent gutter,
curb and/or sidewalk area, and nothing in this article shall apply
to excavations or openings in state highways.
B.
In this article, the singular shall include the plural,
the plural shall include the singular, and the masculine shall include
the feminine and the neuter.
It shall be unlawful for any person to make
any excavation or opening in any street in the City of Bradford except
in compliance with all the provisions of this article.
[Amended 9-22-2015 by Ord. No. 2954.2]
Any person or entity who shall desire to make any excavation
or opening in any street shall first obtain a permit from the Department
of Public Works. No such permit shall be issued until application
shall have been filed with the Department of Public Works. Such application
shall state the name of the street in which such opening or excavation
is proposed to be made; the purpose for which such opening or excavation
is to be made; the total length, width and depth of such excavation;
the portion that will be opened or excavated at any one time; and
the length of time that such excavation or opening will remain open.
Such application shall also contain an agreement that if the permit
is granted, the holder of such permit will comply with all ordinances
of the City regulating the manner of making and refilling openings
and excavations in the streets and the resurfacing of the area opened
or excavated thereafter and that the permit holder will pay the cost
of refilling such opening or excavation and restoring the same to
its former condition, as certified by the Director of Public Works.
No permit shall be issued until the applicant
therefor shall have given a bond in the amount of $1,000, with surety
approved by the City Solicitor, conditioned that the permit holder
will comply with all ordinances of the City regulating the making,
guarding and refilling of openings and excavations and the restoration
of the street surface or the reimbursement of the City for the work
of refilling and resurfacing. Any person desiring to give one bond
that will cover all permits granted to him in one year may give a
continuing bond as above provided, in an amount fixed by the City
Solicitor, but in no case less than $5,000.
Such application shall also contain a statement
by the applicant therefor that such applicant shall save the City
harmless from all loss or damage by reason of such excavation or opening
or the failure of such permit holder to properly guard or protect
such excavation or opening.
[Amended 7-28-2015 by Ord. No. 2954.1]
A.
Upon filing such application and bond, properly signed and executed,
and paying a permit fee as set forth below, which shall be for the
use of the City, such applicant shall be granted such permit, which
shall be valid for the length of time stated thereon. Such applicant
shall be required to complete all work authorized and required under
such permit, including refilling, restoration and resurfacing, where
such permit holder shall be made responsible therefore, prior to the
expiration of such permit.
B.
Permits are not transferable from one person to another and the work
shall not be made in any place other than the location specifically
designated in the permit.
(1)
Street/sidewalk use and occupancy permit: fee of $50; good for a
thirty-day period.
(2)
Street and sidewalk opening/excavation permit: fee of $112; good
for a fourteen-day period. Up to a maximum of 225 square feet will
cost $118. For anything greater than 225 square feet, the cost will
be $0.30 per square foot. Good for a fourteen-day period.
[Amended 12-27-2022 by Ord. No. 2954.2]
(3)
Sidewalk/curb cut/driveway construction or repair permit: fee of
$75; good for a thirty-day period.
(a)
Additional inspection fee: $55/hour.
[Amended 12-27-2022 by Ord. No. 2954.2]
(b)
One-time extension fee: $55/hour.
[Amended 12-27-2022 by Ord. No. 2954.2]
(c)
To be used for sidewalk and/or driveway construction, installation,
maintenance and repair, as well as any person seeking to cut or remove
any part of a curb.
Any person holding a permit under this article
shall at all times keep the opening or excavation properly barricaded
and guarded and shall install and maintain warning lights or flares
at all times between sunset and sunrise.
[Amended 9-22-2015 by Ord. No. 2954.2]
As soon as a permit holder shall have completed the work necessitating
the excavation or opening for which such permit was obtained, such
permit holder shall notify the Department of Public Works of such
fact. Thereupon, the Department of Public Works shall inspect the
work to ensure that it was done in conformity with the requirements
of the article and the permit. In the event that a permit holder does
not fulfill his, her or its obligations under the permit and/or this
article, the Director of the Department of Public Works shall cause
properly certified copies of the statement of the costs and expenses
thereof to be certified to the City Treasurer for collection. The
City Treasurer, on receipt of such statement, shall at once notify
the permit holder indebted to the City for such amount of the amount
due, and if such permit holder shall not have paid such amount to
the City Treasurer within 30 days from the date of such notice, the
City Treasurer shall certify the same to the City Solicitor for collection.
Additionally, said permit holder shall not be permitted to apply for
additional permits until all costs are paid.
In case of an emergency resulting from a 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 opening
or excavation to remedy such condition before securing a permit under
this article, provided that application for such 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.
[Amended 7-28-2015 by Ord. No. 2954.1; 12-27-2022 by Ord. No. 2954.2]
Any person who shall violate or fail to comply with any provision
of this article shall be guilty of a violation and, upon conviction
thereof, shall be sentenced to pay a fine not exceeding $1,000 plus
costs and, in default of payment thereof, shall be subject to imprisonment
for a term not to exceed 30 days. Each day that a violation of this
article continues after notice, in writing, shall have been served
by the Director shall constitute a separate offense.
