[Adopted 10-11-1988 as Ord. No. 605]
This Article shall be known and may be cited as the "Borough
of North Wales Street Excavation Ordinance."
A.
ALLEY
BOROUGH
BOROUGH MANAGER
PERSON
RESTRICTED STREET
STREET
STREET EXCAVATION
The following words and phrases, as used in this Article, shall have
the meanings given to them unless the context clearly indicates otherwise:
A way intended for vehicular traffic and commonly known and
referred to as a "borough alley," which has either been deeded to
the borough or taken over by the borough as part of the borough's
street system.
The Borough of North Wales, Borough Council of the Borough
of North Wales and any department of the borough or the authorized
representative of any of the foregoing.
The Manager of the Borough or a person designated by the
Borough Manager.
Any natural person, partnership, association, firm, company,
corporation, organization or entity.
Any street, the roadway of which shall have been constructed,
reconstructed or surfaced with a permanent type of top surface, within
five years prior to the application for a street excavation permit.
Any street, road, lane, court, cul-de-sac, alley, public
way, public square, cartway, gutter, highway, lane, place or footpath
in the borough.
Any break or opening in the surface or subsurface of any
street.
B.
Words and phrases of any gender, as used in this Article, shall be
held and construed to include any other gender, and words in the singular
number, as used in this Article, shall be held and construed to include
the plural, and vice versa, unless the context clearly indicates otherwise.
A.
The Borough Manager shall have the authority to designate a person
to perform any duty or make any decision which he is authorized to
make pursuant to this Article. If the position of Borough Manager
is vacant, the Borough Council shall have such authority.
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:
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,[1] the applicant shall provide and cause each subcontractor
to provide adequate insurance for the protection of his employees
not otherwise protected.
[1]
Editor's Note: See 77 P.S. 1051 et seq.
(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:
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.
A.
During the performance of the work, traffic conditions shall be maintained
as nearly normal as is practicable in order to cause as little inconvenience
as possible to the occupants of the abutting property and to the general
public. The Borough Manager may permit the closing of streets to all
traffic if in his opinion extenuating circumstances warrant it and
the applicant makes the request in writing to the borough.
B.
All materials placed on, all openings or excavations made in or any
obstructions created on or in any public place in the borough shall
be properly marked from sunset to sunrise by red lights, red lanterns,
reflectors, torches and/or electric flashers or other protective devices,
so placed as to indicate from the roadway in both directions the exact
location and limits of said work or obstructions. The work shall be
at all times adequately guarded by suitable and sufficient fences,
barricades, barriers, flags and warning signs or other protective
devices to protect it from damage and to protect the public from accident
and unnecessary inconvenience.
C.
Safe crossings for two lanes of vehicular traffic shall at all times
be maintained where possible at street intersections, and safe crossing
for pedestrians at intervals consistent with the general pattern of
the area shall be maintained and protected. If any excavation is made
across any public place, at least one safe crossing shall be maintained,
when possible, for vehicles and pedestrians. If the street is not
wide enough to hold the excavated material without using part of the
adjacent sidewalk, a passageway at least 1/2 of the sidewalk width
shall be maintained along said sidewalk line.
D.
All excavation work shall be done in such a manner so as not to interfere
with access to fire hydrants, firehouses, manholes, valves and vital
public properties, and no materials shall be allowed to obstruct the
flow of water in any gutter at any time.
E.
All work and operations which are the subject of the street excavation
permit shall be completed within a reasonable period of time, but
in no event after the expiration date of the permit.
F.
New or extended mains (gas, water, sewer and/or conduit) shall not
be dead-ended within any block, but shall be constructed to the far
side of the nearest intersection unless the Borough Manager authorizes
otherwise, which authorization shall be granted only in cases where
permanent paving of the entire block is not immediately contemplated.
G.
The applicant shall be responsible for backfilling as part of the
performance of his work with respect to the street excavation. All
breaks and/or openings shall be backfilled with 2A modified stone
thoroughly compacted in layers not exceeding six inches in depth to
within 10 inches of the surface. Broken pavement, large stones, clogs,
roots or other debris shall not be used in the backfill. Puddling
may be used in connection with tamping if authorized in writing by
the Borough Manager. When conditions are appropriate, water jetting
may be permitted if authorized in writing by the Borough Manager.
H.
The applicant shall place a temporary paving consisting of tamped
2A modified stone and a three-inch-thick bituminous paving which shall
be rolled and compacted. The applicant shall maintain the temporary
paving.
I.
After the installation of the temporary paving, permanent paving
shall be installed, and at such time the temporary paving shall be
removed and the edges thereof cut back 12 inches. The permanent paving
shall consist of five inches of bituminous concrete base course and
two inches of ID2 wearing course with scaled edges. Such permanent
paving shall not be installed until the Borough Manager has approved
its installation.
J.
Heavy-duty pavement breakers may, at the discretion of the Borough
Manager, be prohibited when their use endangers existing facilities.
K.
Approved cutting of pavement surface ahead of excavation may be required
by the Borough Manager for the purpose of confining pavement damage
to the limits of the trench.
L.
Pavement edges shall be trimmed to a vertical face and aligned with
the center line of the trench.
M.
Unstable pavement shall be moved after a cave-in and overbreaks,
and the resulting subgrade shall be treated the same as the main trench.
N.
Sections of the sidewalk shall be removed to the nearest expansion
joint or to the nearest score line.
O.
The applicant shall determine the existence and location of existing
facilities and avoid conflict with them. No facility owned by the
borough shall be moved to accommodate the applicant, unless permission
is granted by the borough and the cost be borne by the applicant.
The applicant shall support, by the latest approved methods, all facilities
affected by the excavation work and do everything necessary to support,
sustain and protect them, under, over, along or across the work. In
case any existing facility is damaged, they shall be repaired by the
person owning them, and all expenses of such repair shall be charged
to the applicant. The applicant shall be responsible for any damage
done to any public or private property by reason of the breaking of
any existing facility.
P.
Where the surface of any improved curb, sidewalk or gutter is broken
for any purpose, the applicant shall restore the surface of the curb,
sidewalk or gutter in accordance with the existing borough ordinance
and specifications providing for the same.[1]
Q.
The replacement of the surface of the street shall be completed and
all tools, equipment, materials, excavated material and refuse matter
pertaining to the work or operations authorized by the street excavation
permit shall be removed from the site by the applicant on or before
the date of expiration of the permit or any extension thereof. If
the foregoing is not accomplished the Borough Manager shall, after
having given the applicant 24 hours' notice, cause such work
to be done or, in the case of resurfacing, to be corrected so as to
be brought up to the applicable standards or specifications, with
the cost thereof, plus 10% of such cost, to be charged to the applicant,
his surety or the owner of the property for whom the work was authorized.
R.
Upon completion of the work authorized by the street excavation permit,
such applicant shall obtain a maintenance bond for two years from
the date of the completion of such work and in an amount (determined
by the Borough Manager) which is sufficient for the maintenance of
the permanent restoration, with a surety as approved by the Borough
Manager.
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.
