[Adopted 2-15-1988 by Ord. No. 276-87]
A.
EXCAVATION
STREET
PERSON
The following words, when used in this chapter, shall
have the meanings ascribed to them in this section, except in those
instances where the context clearly indicates otherwise:
Any activity within the right-of-way of any street, alley
or cartway which involves cutting, breaking or disturbing the surface
thereof. In this chapter, the term "opening" shall have essentially
the same meaning as "excavation."
Any public street, avenue, road, square, alley, highway or
other public place located in the Borough of Lake City and established
for the use of vehicles, but shall not include state highways.
Any natural person, partnership, firm, association, corporation
or municipal authority.
B.
In this chapter, 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 (not to include state highways) 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, 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 starting and completion date,
the exact location of the proposed opening or excavation and the approximate
size or 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.
[Amended 2-19-2001 by Ord. No. 339-01]
Before any permit shall be issued to open or
excavate any street in the borough, the applicant shall pay a permit
fee in the minimum amount of $150 or 25% of the total cost (including
materials and contract labor), plus the hourly charge for the Superintendent
to inspect at a minimum charge of one hour and other incidental services
in connection therewith. When application shall be made to open or
excavate any longitudinal opening or excavation in excess of 10 feet,
before any permit shall be issued so to open or excavate, the applicant
shall pay, in addition to such minimum fee, an additional fee at the
rate of $5 for each 100 or fraction thereof to be opened or excavated
upon such street.
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 or depth thereof and the time within which
the work for which the permit is granted to be completed.
A permit may be issued to the applicant after
all the requirements therefor have been filled. If the application
is disapproved, written notice of disapproval, together with reasons
therefor, shall be given to the applicant.
All work in connection with openings in any
street, including excavation, protection, refilling and temporary
paving, shall be done for or 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 chapter and to the approval of the
designated official.
All refilling of openings, trenches or other
excavation shall be refilled and restored in accord with the attached
diagram.[1]
[1]
Editor's Note: The diagram is included at
the end of this chapter.
A.
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 on constructions shall have been obtained. The work authorized
by the permit is subject to all the provisions of the Act of December
10, 1974, P.L. 852, No. 287, Section 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.
B.
No tunneling shall be allowed without the express
approval of the Borough Street Department and permission therefor
endorsed upon the permit. The backfilling of a tunnel excavation shall
be made only in the presence of a representative of the Streets Department
or an inspector designated by the Department, and shall be done in
a method approved by him.
C.
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 whom
the same is issued shall indemnify, save and keep harmless the Borough
of Lake City 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 matter placed in the said excavation.
D.
In the event that any work performed by or for a permit
holder shall, in the opinion of the Borough Street Department, be
unsatisfactory and the same shall not be corrected in accordance with
Street Department instructions within the time fixed by the Street
Department, or in the event that the work for which the permit was
granted is not completed with the time fixed by the Borough Street
Department, the borough may proceed to arrange with the contractor
to correct such unsatisfactory work or complete any such work not
completed, and charge the cost thereof to the applicant.
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 and not later than the next
business day thereafter, and that all provisions of this chapter are
fully complied with. 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 Street Department,
after such notice as shall be deemed necessary under the circumstances
of the particular case, shall proceed to arrange with a contractor
the work necessary and required by such emergency, and charge the
same on the basis of cost.
The provisions of this chapter shall not apply
to laying sidewalks or curbs.
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 of Lake
City may prescribe.
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 which interfere with the improvement
of the roadway at its own cost and expense.
The contractor shall post a blanket performance
bond in the amount of $500; such bond shall guarantee the contractor
will properly backfill and pave open-cut. Such bond shall have a duration
of two years, during which time the contractor shall be liable to
repair, replace or repave any open-cut that is not acceptable to the
borough, or any open-cut that has sunk below the paving level of the
road.
Payment for all work done by or for the borough
under the provisions hereof shall be made by the person made liable
therefor under the provisions hereof within 30 days after a bill therefor
is sent to such person by the borough. Upon failure to pay such charges
within such time, the same shall be collectible by the borough by
an action in assumpsit or in the manner provided by law for the collection
of municipal claims.
Any person, firm, or corporation who shall violate
any provision of this chapter shall, upon conviction thereof, be sentenced
to pay a fine of not more than $300; and/or to imprisonment for a
term not to exceed 90 days. Every day that a violation of this chapter
continues shall constitute a separate offense. All fines levied and
paid under this chapter shall be payable by the District Justice to
the borough for general use of the borough.
