This Article shall be known and may be cited as the "Borough
of North Wales Street Excavation Ordinance."
Before any person may make any street excavation, he must first
obtain a permit therefor from the Borough Manager.
No street excavation permit shall be issued to any applicant
unless:
A. Such applicant is:
(1) A registered and bonded plumber;
(2) A licensed and bonded street excavator;
(4) A public utility company.
B. Such applicant has filed a written application for a street excavation
permit with the Borough Manager.
C. Such applicant has paid the street excavation permit fee as set forth
in any resolution adopted by the borough setting forth the amount
of such fee.
D. Such applicant has obtained the following insurance, which shall
be maintained throughout the period of time of the street excavation
and which policy shall contain a provision that the insurance company
shall provide the Borough of North Wales with 30 days' written
notice of any cancellation or material change:
(1) Workmen's compensation insurance shall be maintained for all
employees at the site of the project, and, in the case any work is
subcontracted, the applicant shall require the subcontractor to provide
workmen's compensation insurance for all of the subcontractors'
employees unless such employees are covered by the protection afforded
by the applicant. In case any class of employees engaged in hazardous
work at the site of the project is not protected under the Pennsylvania
Workmen's Compensation Act, the applicant shall provide and cause each subcontractor
to provide adequate insurance for the protection of his employees
not otherwise protected.
(2) Comprehensive general liability for bodily injury and property damage
shall be taken out and maintained as shall protect the borough, the
applicant and any subcontractor performing work covered by the street
excavation permit for claims for damages for personal injury, including
accidental death, as well as from claims for property damage which
may arise from the performance of work under the permit, whether such
work is performed by the applicant or by any subcontractor, and the
amounts of such insurance shall be as follows: bodily injury insurance,
$1,000,000 per person and $3,000,000 per incident; property damage,
$1,000,000 per person and $3,000,000 per incident.
(3) Such policies of insurance shall include a provision for contingent
bodily injury and/or property damage to provide insurance coverage
for the contractor against claims arising from the operations of any
subcontractor.
(4) Such insurance policies shall also contain a provision or separate
policies of insurance shall be obtained in the same amounts as set
forth with respect to comprehensive general liability for all motor
vehicles which are used and/or hired by the applicant and/or any subcontractor
with respect to the performance of the work for which the street excavation
permit is issued and for any blasting or other use of explosives by
the applicant and/or subcontractor.
E. Such applicant has executed a statement releasing and holding the
borough harmless from any conduct and/or negligence of the applicant
and/or any subcontractor.
F. Such applicant has obtained a performance bond in an amount equal
to the cost (as determined by the Borough Manager) of the permanent
paving and in a form approved by the Borough Manager.
Separate applications and separate permits shall be required
for each street excavation in front of each property. Notwithstanding
the foregoing, where any person is building or renewing any main or
service within the portion of a highway which lies between two intersecting
streets and which determine a full unit of central house enumeration,
all individual properties may be listed on one application on one
permit granted for such a project.
Each application shall contain the following:
C. The applicant's principal place of business.
D. The applicant's telephone number.
E. A statement setting forth the purpose, location and dimensions of
the proposed street excavation.
Any street excavation permit which is issued pursuant to this
Article shall be for a period as determined by the Borough Manager,
but in no event shall such period be for greater than 60 days. If
the Borough Manager determines that an emergency would prevent the
completion of the performance of the work prior to the expiration
date of the permit, the Borough Manager may grant the applicant an
extension of time within which to complete the work. If the failure
to complete such work on or before the expiration date is deemed by
the Borough Manager to constitute a nuisance or hazard to the public,
the borough may cause such work to be completed forthwith using either
borough personnel or persons employed under contract with the borough,
whereupon the borough shall then collect the expenses incurred by
the borough for labor and materials, plus 10% of that amount, by filing
a municipal claim, by instituting a legal action in a court of law,
by any other method authorized by law and/or by being paid such amount
pursuant to the performance and/or maintenance bonds which are otherwise
required by this Article.
It shall be unlawful for any person to excavate in or under
any newly permanently paved streets for a period of five years next
following the date of the Borough Manager's certification of
the completion of the paving or repaving of the surface of any street
in the borough.
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 the excavation to remedy such condition before
securing a street excavation permit, provided that application for
a permit shall be made immediately and not later than the next business
day thereafter and that the applicant otherwise complies with the
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,
after such notice as he shall deem appropriate under the circumstances,
shall proceed to do the work necessary and required by such emergency
and, thereafter, charge the property owner or such other responsible
person for the cost thereof, plus 10% of such costs.
Any person who shall violate any provision of this Article shall,
for each and every such violation, upon conviction thereof, shall
be sentenced to pay a fine of not more than $600, plus the cost of
prosecution, and in default of the payment thereof to imprisonment
of not more than 30 days; provided, however, that each day's
violation of any provision of this Article shall constitute a separate
violation.