[Adopted 12-15-1998 by Ord. No. 995]
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 Brookville, Jefferson County, Commonwealth
of 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, or corporation.
Any public street, avenue, road, square, alley, highway or
other public place located in the Borough of Brookville 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 make any excavation of any kind in any of the streets in the Borough
without first securing a permit therefor, as hereinafter provided.
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 Secretary-Treasurer, 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 resolution.
Permits shall be issued only to persons 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 have 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, § 1 et seq.,[1] 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. A partial list
of utilities providing services in the Borough and their office addresses
may be obtained from the County Recorder of Deeds.
[1]
Editor's Note: See 73 P.S. § 176
et seq.
[Amended 5-18-2004 by Ord. No. 1028]
Any person who shall open or excavate any street
in the Borough shall thoroughly and completely refill the opening
or excavation in such a manner as to prevent any settling thereafter,
and shall restore the surface to the same condition as it was before
the opening or excavation, and such restoration shall be in accordance
with Pa.C.S.A. 67 § 459, et seq., as amended or supplemented
from time to time. Pursuant to the specifications of the Pennsylvania
Department of Transportation now in effect for the restoration of
surfaces of state roads, 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 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 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 Maintenance Supervisor, provided that the Borough Maintenance
Supervisor 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 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 than 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.
B.
No more than 500 feet longitudinally shall be open
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 connections, 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 Maintenance Supervisor and permission therefor
endorsed upon the permit.
E.
All openings or excavations shall be backfilled promptly
with modified 2A stones and thoroughly compacted in layers, each of
which layer shall not exceed eight inches in depth. Backfilling shall
be placed to within four inches of the surface.
F.
A temporary paving of coldpatch premix, thoroughly
bound and compacted, shall be installed flush with the surface of
the adjoining paving and maintained for a period not to exceed 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 same to keep the street in a safe and passable
condition both day and night by guards, barriers, lanterns and other
devices, and all excavating permits granted hereunder are granted
under and subject to the express condition that the person to who
the same is issued shall indemnify, save and keep harmless the Borough
from any loss in damages or otherwise whatsoever, which may or 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 Maintenance
Supervisor 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 and 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 Maintenance Supervisor,
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 Maintenance Supervisor, the Borough
may proceed to correct such unsatisfactory work and assess 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
of 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 Maintenance
Department. Permission shall be granted only upon 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, provision shall
be made by the applicant to provide proper drainage to the satisfaction
of the Borough Maintenance Supervisor.
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, plus 20%, 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. Free access must be provided at all times to fire
hydrants.
In 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 and not later than the next business
day thereafter, and that such person shall 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 Maintenance Supervisor, 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, regulation and conditions as the Borough Tree Commission
shall establish.
The Borough Maintenance Supervisor 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 within the Borough, and all such persons
and utility companies shall make all water, gas or sewer connections,
as well as any repairs thereto which could 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 Maintenance Supervisor. 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 shall be determined by the Borough Maintenance
Supervisor. 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 Maintenance Supervisor, 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 Maintenance Supervisor and such plan, and the
exact location of such main or line, approved by him. The Borough
Maintenance Supervisor 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 provision 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, upon conviction thereof, be sentenced
to pay a fine of not more than $600, plus costs of prosecution, and,
in default of payment of such fine and costs, to imprisonment for
a term not to exceed 30 days. Every day that a violation of this article
continues shall constitute a separate offense.
The provisions of this article shall not apply
to laying sidewalks or curbs.
