Borough of Abbottstown, PA
Adams County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Borough Council of the Borough of Abbottstown as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Skateboards, roller blades and skates — See Ch. 173.
[Adopted 8-21-2003 by Ord. No. 2003-02]
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:
BOROUGH
The Borough of Abbottstown, Adams County, Pennsylvania.
EXCAVATION
Any activity within the right-of-way of any street, road, or alley that involves cutting, breaking or disturbing the surface thereof, including the installation of driveways or accessways from the street, road or alley to adjacent property. In this article, the term “opening” shall have the same meaning.
PERSON
Any natural person, partnership, association, firm or corporation or municipal authority.
STREET
Any public street, road, avenue, alley, square or other public place located in the Borough and established for the use of vehicles from right-of-way line to right-of-way line, but shall not include any state highway or continuation thereof, for so long as permits for openings in such state highways shall remain under the jurisdiction and control of the Pennsylvania Department of Transportation (PennDOT). 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 make any openings or excavation in or under any street, or to construct a new driveway, or widen an existing driveway without first having obtained a permit therefor from the Borough Codes Enforcement Officer for each separate undertaking. Application therefor shall be made on a form prepared by the Borough Council, and containing a statement that the applicant agrees to the terms of this article. Permits shall be issued for a period not to exceed one year, and any application to renew an expired permit shall be treated as a new application, including the payment of a new permit fee. In addition to the conditions of this article, driveways shall also conform to the provisions of Chapter 186, Subdivision and Land Development, § 186-33D.
A. 
The application for the permit and every such permit shall state the location and extent of the proposed opening, and the purpose thereof, and the permit shall state the days and times when such street may remain open pursuant to such permit. It shall be a violation of this article for the holder of any such permit to make any opening or excavation otherwise than as provided in the permit as to location, extent, purpose and time. Provided: in case of emergency of breaks or leaks, repairs may be made without a permit, on condition that the permit is obtained on the first regular business day thereafter on which the Borough office is open for business, and said permit shall be retroactive to the date when the emergency work was begun.
B. 
The applicant for a permit under this article shall submit with the application a plan showing the nature of the work to be performed within or at the street right-of-way line. Such plan shall be in sufficient detail to show the type, size and location of the installation, the elevation of any underground or overhead facilities, and the grade of all surface improvements. The plan shall also show the proposed method for maintenance and protection of traffic in the work area.
A. 
A fee, payable to the Borough, for the issuance of the permit shall accompany each application. The fee shall be established by Borough Council and shall be in accordance with the fee schedule established by PennDOT for highway occupancy permits.
B. 
At the time of application, in addition to the permit fee, the applicant shall pay to the Borough a fee to cover the cost of inspecting the permitted work upon completion thereof, to insure compliance with the conditions, restrictions and regulations prescribed by the Borough. The aforesaid fee shall be established by the Borough Council and shall approximate the reasonable cost of such inspection.
The Borough Secretary shall forward such application to the Codes Enforcement Officer for investigation and, if necessary, to the Borough Engineer for review. The Codes Enforcement Officer in consultation with the Borough Engineer, considering the location of the opening or excavation, the effect it will have upon traffic of the Borough, and the safety and welfare of the residents, shall approve or reject such application and notify the applicant thereof within 30 days, or shall submit such application for consideration of Council at the next succeeding Council meeting after notifying applicant of the time such plans shall be considered. Plans for such opening or excavation may be approved with modification of the location and size thereof as well as the date for opening or excavation or the length of time the thoroughfare may be kept open.
The work authorized by the permit is subject to all provisions of the Act of December 10, 1974, P.L. 852, No. 287, § 1 et seq. (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.
It shall be the duty and responsibility of the holder of every permit under this article to provide and maintain proper and adequate guards, barriers, warning lights and warning signs to prevent accidents, and such permit holder shall assume all risks and be liable for all damages by reason of the opening or excavation and by reason of any failure to refill the opening; and to prepare the same for resurfacing.
A. 
It shall be the duty of every holder of a permit under this article to refill the opening or excavation thoroughly and completely with AASHTO No. 57 stone, tamping the stone so as to prevent any settling thereafter. If settling should occur, the holder of the permit must refill at the request of the Borough Council or its representative. If, within two years after the restoration of the surface as herein provided, defects shall appear therein, the applicant shall reimburse the Borough for the cost of all necessary repairs to the surface.
B. 
The surface shall be reconstructed in accordance with specifications as determined by the Borough Engineer: such specifications shall be forwarded to the applicant with the permit when issued. The Borough Engineer shall consider the construction of the thoroughfare in determining specifications, and shall require only such reconstruction as is reasonably calculated to return the thoroughfare to its former condition.
C. 
Repairing of sidewalks, seeding and replanting of grass, shrubs, trees, etc., shall be the duty of the permit holder.
D. 
Covering of the opening and reconstruction of the surface shall be inspected while such work is in progress by an agent of the Borough. The applicant shall be responsible to notify the Codes Enforcement Officer or the Borough Engineer, as required, of the time the opening or excavation is to be covered and reconstructed. Four further inspections shall be made at three-month intervals; based upon such inspections, Council may require further construction, reconstruction or treatment whenever it is determined that the reconstruction was not in accordance with the specifications provided by the Borough Engineer, or that the thoroughfare was not returned to its former condition. The applicant shall pay the actual cost of such inspections to the Borough.
E. 
The approving body, whether the Codes Enforcement Officer or Council, may require that a performance bond or cash be posted in an amount not greater than double the amount that may be reasonably required to close the opening and reconstruct the surface of the thoroughfare, including necessary inspection.
A. 
All other work in connection with openings in any street, including excavation, protection, refilling and temporary paving shall be done by the person to whom or which the permit has been issued at his or its expense, and all such work shall be subject to the provisions of this article and to the inspection and approval of the Borough.
B. 
If any work of opening, excavating, refilling, resurfacing and preparing for grass, shrubs, trees, etc., shall not be done promptly, or shall be unskillfully or improperly or incompletely done, the Borough Council shall have the authority to cause the same to be done in the manner it deems proper, and the expense thereof, including any overhead expenses, shall be charged to the permit holder, together with an additional amount of 10%.
If, at any time in the future, the roadway is widened, reconstructed or the alignment or grades are changed, the permittee further agrees to change or relocate all or any part of the structures covered by this permit that interfere with the improvement of the roadway at its own cost and expense.
Payment for all work done by the Borough under the provisions of this article shall be made by the permittee within 30 days after the Borough submits a bill therefore to such person. Upon failure to pay such charges within such time, the same will be collectable by the Borough by an action in assumpsit or in the manner provided by law for the collection of municipal claims.
Permits are not transferable from one person to another, and work shall not be done in any place or to any extent other than that specifically designated in the permit.
A. 
Any permit may be revoked by the Borough after oral or written notice to the permittee for:
(1) 
Violation of any condition of the permit or any provision of this article;
(2) 
Violation of any provision of any other applicable ordinance or law relating to the work;
(3) 
Existence of any condition or the doing of any act constituting or creating a nuisance or endangering life or property.
B. 
When notice of any such violation or condition shall be served upon the permittee or his agent engaged in the work, the permittee must immediately take the necessary corrective measure before proceeding further with the work for which the permit was originally granted.
C. 
When, in the opinion of the Borough, the permittee has failed to take the necessary corrective measures and a condition or act constituting or creating a nuisance or endangering life or property exists, the Borough may order the work to be performed by the appropriate Borough designee or employee, and the cost therefore incurred by the Borough shall be recovered from the bond the permittee has filed with the Borough. (In the event of no bond or inadequate bond amount, the Borough may recover the amount in accordance with § 183-11 hereof). When the above action is deemed necessary by the Borough, it shall constitute an automatic revocation of the permit and, upon action filed by the Borough, the permittee shall be subject to fine and penalties as are provided for herein.
Each applicant, prior to the receipt of a permit, shall provide the Borough with an acceptable certificate of insurance indicating that he is insured against claims for damage that may arise from or out of the performance of the work, whether such performance be by himself, his subcontractor, or anyone directly or indirectly employed by any of them. Such insurance shall cover collapse, explosion, hazards, and underground work by equipment on the street, and shall include protection against liability arising from completed operations. In order to protect the Borough and the permittee, the permittee shall provide a certificate of insurance for liability insurance in the amount of $500,000 for each occurrence, $500,000 aggregate for bodily injury, and $250,000 for each occurrence, and $250,000 for aggregate property damage. The certificate shall name the Borough of Abbottstown as the policyholder. Public utilities and authorities may submit annually such evidence of insurance coverage in lieu of individual submissions for each permit.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Any person who shall violate any provision of this article shall, for each and every violation, upon conviction thereof, be sentenced to pay a fine of not more than $1,000, plus costs of prosecution, and, in default of payment of such fine and costs, to imprisonment for not more than 30 days. Any person who violates or permits the violation of this article shall, in addition to the payment of the fine or imprisonment, be obligated to pay all court costs including reasonable attorney's fees incurred by the Borough. Each day that a violation of any provision of this article is permitted to exist after notice by the Borough shall constitute a separate violation.
[Adopted at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
As used in this article, the following terms shall have the meanings indicated:
BOROUGH
The Borough of Abbottstown and any of its servants, workmen or agents.
OWNER
An owner or other person having a present interest in real estate abutting on a street, highway or sidewalk with the Borough.
SHRUBBERY
Includes trees, shrubbery, flowers and other foliage.
SNOW
Includes ice and snow.
STREET
Includes streets and highways.
UTILITY
A public service corporation or firm providing public service, including telephone, electricity, light and gas.
Every owner shall maintain shrubbery growing on that owner's property in a proper state of trim and condition so as not to interfere with the normal use of sidewalks and streets within the Borough.
Every owner shall maintain the sidewalk upon which his property abuts free and clean of snow.
Accumulations of snow upon sidewalks and shrubbery which interferes with the use of sidewalks and streets are prohibited.
In applicable cases, the Borough or its designee shall give an owner notice to comply with the requirements of §§ 183-17 and 183-18, and the notice shall state that the owner shall comply within 24 hours of notice.
If, after having received notice, an owner fails or refuses to comply with the provisions of §§ 183-17 and 183-18 within 24 hours of said notice, the person shall upon conviction thereof, be sentenced to pay a fine of up to $600.
The Borough may trim shrubbery for a vertical distance of 10 feet above the surface of sidewalks and streets in order that said shrubbery does not interfere with utility wires or streetlighting.
The Borough may remove any trees on or abutting a sidewalk or street if a tree obstructs traffic, streetlighting, utility lines, or is inconvenient or dangerous to the passing public.
Cost of work done under preceding sections for work specially required to protect and maintain utility wires or streetlighting shall be paid by the utility concerned. All other costs shall be paid by the Borough from the general fund.
Services by the Borough pursuant to this article are hereby declared to be governmental services, and there shall be no liability on the part of the Borough for performance or nonperformance of said services.