[Adopted 9-4-1979 as Ord. No. 4-1979]
It shall be unlawful for any person, firm, unincorporated
association or corporation to open or to break any part of the surface
of any highway, street, lane, alley, curb, gutter or sidewalk within
the Borough of Upland, for any purpose whatsoever, without first making
application for and obtaining a permit therefor from the Borough Secretary
and complying with all the provisions of this article; provided, however,
that emergency repairs may be made without first applying for or obtaining
a permit, provided that the Police Department of the Borough of Upland
is immediately notified upon the commencement of said work, and provided
that a permit is obtained for such work by the first working day after
the commencement of said work.
A.
Application for the permit required by § 158-23 of this article shall be submitted, in writing, to the Borough Secretary, shall set forth the purpose, location and dimensions of such opening or breaking, shall contain an acceptance by the applicant of the provisions of this article and an agreement to comply therewith and shall be signed by the person, firm, unincorporated association or corporation who or which is to do the work.
B.
All permits shall expire at the end of 30 days from
the date of issue, unless the work for which the permit is issued
is commenced within that time and shall lapse at the expiration of
six months from the date of issue.
C.
No permit, except for emergency repairs, shall be
issued during the months of November, December, January and February.
D.
Work commenced under a permit issued under this article
shall be prosecuted and completed with reasonable diligence.
E.
Permits issued under this article shall not be transferable.
A.
No permit shall be issued to any applicant who has,
prior to the time of making application, failed to comply with the
provisions of this article in carrying out work previously done under
a permit issued in pursuance of this article nor to any applicant
who has failed or refused to obtain a permit where such is required
by this article.
B.
An applicant for a permit shall, before the permit
is issued, deliver to the Borough Building Code Official (BCO) his,
her or its agreement, in writing, with the Borough to comply with
the provisions of this article and to indemnify and save harmless
the Borough of Upland from any and all actions, suits, claims, demands,
damages and liabilities which may thereafter arise or result from
or by reason of any opening, breaking or excavation for which the
permit is sought and failure to guard and/or refill the same properly.
Said applicant shall also supply the Borough of Upland with a performance/maintenance
bond in the amount of 15% of the total project cost, to the benefit
of the Borough of Upland, to be held for 18 months from the date of
the final acceptance of the completion of the said project.
[Amended 4-10-2012 by Ord. No. 6-2012]
C.
The applicant shall also, before the permit is issued,
furnish a certificate from a responsible and reputable insurance company
showing that the applicant has acquired public liability insurance
as required by the BCO.
[Amended 4-10-2012 by Ord. No. 6-2012]
[Amended 12-10-1996 by Ord. No. 9-1996]
Before any permit shall be issued to open or
excavate any street, etc., in the Borough, the applicant shall pay
to the Borough Secretary a permit fee in the minimum amount as set
forth from time to time by the Borough Council, to cover the cost
of inspection and other incidental services in connection therewith.
When applications shall be made to open or excavate any longitudinal
opening or excavation in excess of 10 feet, the applicant shall pay,
in addition to such minimum fee, an additional fee at the rate as
set forth from time to time by the Borough Council for each 100 feet
or fraction thereof to be opened or excavated upon such street, before
any permit shall be issued to so open or excavate.
[Amended 12-10-1996 by Ord. No. 9-1996]
The applicant, at the time the permit is issued,
shall deposit with the Borough Secretary of Borough Council the amount
of $1,000. The deposits provided for in this section shall be immediately
paid into the treasury of the Borough and shall be kept segregated
from all other funds. So much of any deposit as shall be necessary
shall be used by the Borough to defray the cost of resurfacing the
opening for which the deposit is made, and any excess deposit shall
be refunded to the depositor. In any case in which the expense of
resurfacing shall exceed the amount deposited, the applicant shall
be liable for the excess and shall, upon demand by the Borough, pay
the amount of such excess to the Borough Secretary.
Any person who shall open or excavate any improved
street, etc., in the Borough shall thoroughly and completely refill
the opening or excavation by puddling and ramming so as to prevent
any settling thereafter and shall restore the surface to the same
condition as it was before the opening or excavating; and such opening,
excavation and restoration shall be in accordance with the most stringent
of the specifications of either the ordinance of the Borough of Upland
and/or of the Department of Transportation of the Commonwealth of
Pennsylvania, which are hereby adopted as specifications of the Borough
for the purpose of restoration of surfaces of streets, etc., in the
Borough. All work shall be supervised by the Borough Engineer and
as directed by the Borough Engineer. 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 the restoration of the surface as herein provided,
any defect 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.
A.
Any person, company, corporation or utility company
who shall open or excavate any street or alleyway, within the Borough,
shall thoroughly and completely restore the surface of the opening
or excavation site to a finished condition in accordance with the
most stringent of specifications of either the Code of the Borough
of Upland and/or of the Department of Transportation of the Commonwealth
of Pennsylvania, and approved by the Borough Engineer, within 30 days
of the initial excavation, repair, disturbance or opening.
[Added 12-14-2004 by Ord. No. 16-2004]
No tunneling shall be permitted, except on approval
of the Borough Engineer and under his or her supervision and control.
All persons granted permits in accordance with
the terms of this article shall, while the work is in progress and
until full completion thereof, take and use all necessary and proper
safeguards and precautions for the safety of the public, including
the maintenance of proper lights and barriers.
In no case shall any opening, breaking or excavation
for which a permit shall issue under this article be considered in
the charge or care of the Borough or any officer or person employed
by the Borough. No officer or employee of the Borough is authorized
to take or assume any jurisdiction or control in any way over any
such opening, breaking or excavation, except as to inspection thereof
as herein provided.
[Amended 7-12-1988 by Ord. No. 7-1988]
Any person who shall violate any provisions
of this article shall, upon conviction thereof, be punishable by a
fine of not more than $600 and costs of such proceedings or, upon
default of payment of such fine and costs, by imprisonment in the
county jail for a term of not more than 30 days. The continuation
of such violation for each successive day shall constitute a separate
offense, and the person or persons allowing or permitting the continuation
of the violation may be punished as provided above for each separate
offense.
All fees and costs incurred by the Borough, for work performed by the Borough Engineer pursuant to the provisions of this article, shall be borne solely by the applicant and shall be paid promptly upon presentation of a bill by the Borough. Said payment shall be in addition to the fees required in § 158-26, Fees, set forth hereinbefore. If said bill is not promptly paid by the applicant, the Borough may revoke the permit in question until said bill is paid. The fees set forth in § 158-26 hereinbefore are to cover the costs of inspections by employees of the Borough other than the Borough Engineer.
