[HISTORY: Adopted by the Borough Council
of the Borough of Riverside as indicated in article histories. Amendments
noted where applicable.]
[Adopted 9-6-1994 by Ord. No. 947]
It shall be unlawful for anyone within the Borough
of Riverside to place or shovel snow and ice upon the traveled portion
of any street or alley.
Any person who shall violate any provision of
this article shall, upon conviction thereof, be punishable by a maximum
fine of $1,000, plus costs of prosecution, and, in default of payment
of such fine and costs, imprisonment for a term not exceeding 30 days.
[Adopted 12-4-2000 by Ord. No. 201]
A.
BOROUGH
EXCAVATION
PERSON
STREET
The following words, when used in this article, shall
have meanings ascribed to them in this section, except in those instances
where the context clearly indicates otherwise:
The Borough of Riverside, Northumberland County, Pennsylvania.
Any activity within the right-of-way of any street, alley
or cartway which involves cutting, breaking, or disturbing the surface
thereof. In this article, the term "opening" shall have essentially
the same meaning as "excavation."
Any natural person, partnership, firm, association, corporation
or municipal authority.
Any public street, avenue, road, square, alley, highway,
or other public place located in the Borough of Riverside and established
for the use of vehicles, but shall not include state highways.
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 without first securing
a permit therefor, as hereinafter provided.
Road cuts shall be done with a saw, and this is mandatory for
all excavating.
Any person who shall desire to make any opening
or excavation in any of the streets in the Borough shall make application
to the Borough Manager/Borough Secretary, in writing, for that 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 and
depth thereof 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 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 connected therewith or from any other matter, cause or
thing relating thereto.
Before any permit shall be issued to open or
excavate any street in the Borough, the applicant shall pay a permit
fee in the amount fixed according to a schedule established pursuant
to a resolution.
Permits shall be issued only to a person furnishing
public utility services or the owner or owners of the real property
adjoining the location where such opening or excavation is to be made.
Any permit issued hereunder shall specify the
exact location where the opening or excavation is to be made, the
approximate permitted size and depth thereof and the time within which
the work for which the permit is granted is to be completed.
A permit may be issued to the applicant after
all the requirements therefor has been satisfied. If the application
is disapproved, written notice of disapproval, together with reasons
therefor shall be given to the applicant.
The work authorized by the permit is subject
to all the provisions of the Act of December 10, 1974, P.L. 852, No.
287, 73 P.S. § 176 et seq., as amended or supplemented from
time to time. It shall be the permittee's responsibility to contact
the utilities that have recorded their facilities in compliance with
said Act using the Pennsylvania One Call System, Inc. (1-800-242-1776).
A partial list of utilities providing services in the Borough and
their office addresses may be obtained from the County Recorder of
Deeds.
Any person who shall open or excavate any street
in the Borough shall contact the Street Department for an inspector
to be on site; thoroughly and completely refill the opening or excavation
in such a manner as to prevent any settling thereafter; and restore
the surface to the same condition as it was before the opening or
excavation within 30 days, and such restoration shall be in accordance
with the specifications of the Borough for the 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. If, within
two years 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.
All other work in connection with openings in
any street, including excavation, protection, refilling and temporary
paving, shall be done by or for the person to whom the permit has
been issued, at his or her or its expense, and all such work shall
be subject to the provisions of this article and to the supervision
and approval of the Borough Manager/Borough Secretary, provided that
the Borough Manager/Borough Secretary may, if he deems it necessary
to the proper performance of the work, require that cutting of the
surface of streets and the backfilling of all excavations therein
shall be the actual cost of the work performed by the Borough.
A.
No opening or excavation in any street shall extend
from the curbline into the highway a distance greater that one foot
beyond the center line of the street before being refilled and the
surface of the highway restored to a condition safe and convenient
for travel. Any change to this section of the policy shall require
approval from the Borough Manager/Borough Secretary.
B.
No more than 500 feet longitudinally shall be opened
in any street at any one time.
C.
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.
D.
No tunneling shall be allowed without the express
approval of the Borough Manager/Borough Secretary and permission therefor
endorsed upon the permit.
E.
All openings or excavations shall be backfilled promptly
with modified 2RC stones and thoroughly compacted in layers, each
of which layers shall not exceed eight inches in depth. Backfilling
shall be placed to within six inches of the surface.
F.
A temporary paving of cold patch premix, thoroughly
bound and compacted, shall be installed flush with the surface of
the adjoining paving and maintained for a period of 90 days.
G.
During the making of any excavation in the street,
every necessary and reasonable precaution shall be taken by the applicant
and the parties making the excavation to keep the street in a safe
and passable condition both day and night by proper work area signs,
guards, barriers, lanterns and other devices. All excavating permits
granted hereunder are 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, which 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.
H.
The applicant shall notify the Borough Manager/Borough
Secretary when the opening or excavation is ready for backfill before
any backfilling is done, when backfilling work is completed, when
the temporary paving has been installed and when the street has been
permanently restored so that inspections may be made.
I.
In the event that any work performed by or for a permit
holder shall, in the opinion of the Borough Manager/Borough Secretary,
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 Manager/Borough Secretary, the Borough
may proceed to correct such unsatisfactory work and charge the cost
thereof, plus 20%, to the applicant.
J.
Monuments of concrete, iron, or other lasting material
set for the purpose of locating or preserving the lines of any street
or property subdivision or a precise survey reference point or a permanent
survey bench mark within the Borough shall not be removed or disturbed
or caused to be removed or disturbed unless permission to do so is
first obtained, in writing, from the Borough Manager/Borough Secretary.
Permission shall be granted only upon the condition that the applicant
shall pay all expenses incident to the proper replacement of the monument.
K.
When the work performed by the applicant interferes
with the established drainage system of any street, provisions shall
be made by the applicant to provide proper drainage to the satisfaction
of the Borough Manager/Borough Secretary.
L.
When any earth, gravel, or other excavated material
is caused to roll, flow, or wash upon any street, the applicant shall
cause the same to be removed from the street within 24 hours after
deposit. In the event the earth, gravel or other excavated material
so deposited is not removed, the Borough shall cause such removal,
and the cost incurred shall be paid by the applicant.
M.
Access to private driveways shall be provided, except
during working hours, when construction operations prohibit provision
of such access.
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 or not later than the next
business day thereafter, and that such person comply with all other
provisions of this article. 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 Manager/Borough
Secretary, after such notice as he shall deem necessary under the
circumstance of the particular case, shall proceed to cause to be
done the work necessary and required by such emergency and charge
the same on the basis of cost, plus 20%, to such owner or person.
The permission herein granted does not confer
upon the permittee or its contractors the right to cut, remove or
destroy trees or shrubbery within the legal right-of-way except under
specifications, regulations and conditions as the Borough may prescribe.
The Borough Manager/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 operating in the Borough, and 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 the said street within 30 days from the giving of such notice,
unless such time is extended, in writing, for cause shown by the Borough
Manager/Borough Secretary. New paving shall not be opened or excavated
for a period of five years after the completion thereof except in
case of emergency and the necessity for the opening or excavating
of such paving to be determined by the Borough Manager/Borough Secretary.
If it is sought to excavate upon or open a sewer within five years
after the completion of the paving, the applicant shall make written
application to the Borough Manager/Borough Secretary, and a permit
for such opening shall be issued only after express approval of the
Borough Council.
No new water, sewer, steam or gas main or electric,
telephone or other utility line shall hereafter be laid or constructed,
and no such existing main or line shall be extended, in any of the
streets of the Borough until the plan therefor shall have been first
filed with the Borough Manager/Borough Secretary and such plan, and
the exact location of such main or line, approved by him. The Borough
Manager/Borough Secretary shall not approve the locating of any such
main or line at a depth of less than 30 inches from the surface of
the street unless he shall be convinced that locating the same at
a depth of more than 30 inches from the surface is impossible or impractical.
Payment for all work done by the Borough under
the provisions of this article shall be made by the person made liable
for such work by the terms of this article. The Borough shall send
a bill for any such work to the person liable to pay for such work
by certified mail to the last known mailing address of such person.
The person liable for payment of such bill shall make payment to the
Borough within 30 days of that person's receipt of the bill. In the
event that person fails to make full payment of the bill within 30
days, the Borough may proceed to collect the amount due in the manner
provided by the terms of this article or other applicable law.
Any person, firm or corporation who shall violate
any provision of this article shall be punishable by a maximum fine
of $1,000, plus costs of prosecution, and, in default of payment of
such fine and costs, imprisonment for a term not exceeding 30 days.
Every day that a violation of this article continues shall constitute
separate offense.
The provisions of this article shall not apply
to laying sidewalks or curbs.
