[Adopted 11-1-1977 by Ord. No. 117]
The following words and phrases, when used in
this article, shall have the meanings ascribed to them in this section,
except in those instances where the context clearly indicates otherwise:
Any person, as hereinafter defined, who makes application
for a permit.
The Borough of East Petersburg, Lancaster County, Pennsylvania.
January 1 through December 31, inclusive.
Soil cement, plain cement concrete or reinforced cement concrete.
Actual expenditures incurred by the Borough for labor, equipment
and materials, including without limitation all fringe benefits and
overhead.
A fee paid by the permittee to the Borough of East Petersburg
to defray a percentage of the costs for resurfacing and reconstruction
of Borough streets resulting from the depreciation of streets associated
with street openings.
Any unforeseen circumstance which calls for immediate action
to protect or safeguard life or property.
A fee paid by the permittee to the Borough of East Petersburg
to defray street opening inspection costs.
Any municipal authority created, in whole or in part, by
the Borough Council under the Pennsylvania Municipality Authorities
Act of 1945, as amended,[1] to administer a revenue-producing public enterprise.
A fee paid by the permittee to the Borough of East Petersburg
to cover the costs of issuing, processing and filing the street opening
permit.
Any person who has been issued a permit and who shall have,
by acceptance thereof, agreed to fulfill all provisions of this article.
Any natural person, partnership, firm, association, public
utility corporation or similar entity.
Any utility company, excluding municipal authorities created
by the Borough, licensed by the Public Utility Commission of the Commonwealth
of Pennsylvania.
That portion of the street right-of-way reserved for sidewalks,
as defined in the Borough Code.
The entire right-of-way of the public street, public highway,
public alley, public road or public easement within the Borough limits,
including the designated curb and sidewalk areas.
[Amended 6-20-1989 by Ord. No. 175]
[1]
Editor's Note: See now 53 Pa.C.S.A. § 5601
et seq.
A.
A permit shall be issued in the name of the owner
of the facility, hereafter called the "permittee," and shall be binding
upon the permittee, its agents, contractors, successors, personal
representatives and assigns. The permittee shall cause its agents,
contractors, successors and assigns to comply with all the terms and
conditions of the permit. The permit shall be maintained as a permanent
record and remain in effect, subject to the condition thereof, as
long as the permittee's facilities authorized therein occupy the public
right-of-way.
B.
The work authorized by the permit is subject to all
applicable laws, rules and regulations, including but not limited
to Act No. 247, approved October 26, 1972, of the Commonwealth of
Pennsylvania, concerning environmental control measures related to
pollution and the preservation of public natural resources. The work
shall be done at such time and in such manner as shall be consistent
with the safety of the public and shall conform to all requirements
and standards of the Borough. If at any time it shall be found by
the Borough that the work is not being done or has not been properly
performed, the permittee and/or its contractor, upon being notified
in writing by the Borough, shall immediately see that the necessary
steps, at its own expense, are taken toward placing the work in a
condition to conform to said requirements or standards.
A.
It shall be unlawful to open the surface of any Borough
street and the opening of the surface of any Borough street is prohibited
unless a permit is obtained for that purpose in the manner hereinafter
described. Such a permit shall be granted by the Borough when the
person applying for such permit files an application with the Borough
Secretary in compliance with the provisions of this article and pays
into the Borough treasury the amounts hereinafter provided.
[Amended 6-20-1989 by Ord. No. 175]
B.
Any person working in the vicinity of a Borough street
who in any manner disturbs such street or who in any manner causes
damage to a street shall be required by this article to obtain a permit
and correct such damage in accordance with the standards of the Borough.
Street opening permits will not be required for persons excavating
adjacent to the curb for the express purpose of installing or replacing
curbs and/or sidewalks, provided that a curb and sidewalk permit has
been obtained from the Borough Secretary prior to performing such
work.
C.
The obtaining of street opening permits by Borough
departments and municipal authorities shall be waived when work is
to be performed completely by their own personnel.
D.
All contractors performing work under contract for
the Borough or the Borough authority shall obtain the street opening
permit for street openings.
E.
Public utilities shall obtain street opening permits
for street opening and for excavations to be performed by their own
crew or forces or by contractors.
F.
Nothing herein contained shall be construed to permit
the issuing of a permit for the making of a tunnel under any street,
alley or highway in the Borough. Tunneling will be permitted only
after successful petition to the Borough Council.
G.
Emergency excavations.
(1)
In the event that street openings are necessitated
by emergencies, street opening permits shall be obtained on the first
regular business day following the street opening, and said permit
shall be retroactive to the date when the work was begun.
(2)
A person performing street openings for an emergency
must certify the emergency nature of the circumstance in writing to
the Borough within five days after such emergency.
[Amended 6-20-1989 by Ord. No. 175]
H.
No permit shall be granted to any applicant unless
the applicant shall have paid into the Borough any and all moneys
then due to the Borough for prior excavations made or for any loss,
damage or expenses in any manner occasioned by or arising from the
excavation of streets of the Borough under prior permits.
[Amended 11-15-1983 by Ord. No. 152; 6-20-1989 by Ord. No.
175]
A.
When the Borough shall propose to reconstruct or resurface
any street, the Borough shall serve written notice of such improvements
to all persons owning property abutting the street about to be improved
and to all public utility companies operating in the Borough. Within
30 calendar days from receipt of such notice, all notified persons
shall complete or cause to be completed all necessary repairs and
replacement of utility mains, service under the street and designated
curb and sidewalk areas. Notified persons shall also complete any
new installations under the street and designated curb and sidewalk
areas required for use within a five-year period thereafter. All repairs,
replacement and new installations shall be in first-class condition
so that the same cannot reasonably be expected to require repairs
or renewal within a period of at least 10 years thereafter.
B.
Upon failure of any of the notified person or persons
to comply with the notice from the Borough to place the same in first-class
condition as hereinbefore provided, the Borough shall cause existing
utility mains, service connections and/or laterals to be placed in
first-class condition as aforesaid or to be entirely removed if not
used or necessary for public convenience, whereupon the Borough shall
be entitled to collect the cost of such renewals, repairs, caulking,
removal or other work from the aforesaid responsible person or persons,
either by invoicing the person or persons or, in case of water or
sewer house connections, by filing municipal liens therefor against
the abutting properties benefited by such connections.
C.
This section shall not forbid, however, the installation
of new pipes, conduits or other services of structures or the repair,
replacement or removal of those already existing in or under the portions
of such highways improved as aforesaid, in accordance with the ordinances
of the Borough and the direction of the Pennsylvania Department of
Transportation of the Borough of East Petersburg, upon obtaining a
permit and payment to the Borough of the same fees as prescribed by
the provisions of this article for making a surface opening in the
highway.
[Amended 11-15-1983 by Ord. No. 152; 6-20-1989 by Ord. No.
175]
Street opening permits shall only be granted
upon compliance with the following express provisions:
A.
A written application shall be filed with the Borough
Secretary for making all street openings or excavations, and the same
shall be signed by the person desiring such permit. Such application
shall set forth the purpose for which such excavation is to be made,
the size and location of the same, the full scope of work to be included
in the project, a sketch of the proposed opening site and the date
such excavation is to be refilled and resurfaced in the manner hereinafter
provided and shall provide that the applicant will faithfully comply
with each and every provision contained in this article. An applicant
shall furnish a drawing of the proposed opening site upon request
of the Borough. Items required on the drawing shall be specified at
the time of request.
B.
Prior to the issuing of such permit, every such applicant
shall pay to the Borough Treasurer the amount hereinafter provided
and shall exhibit to the Borough Secretary a receipt for the amount
aforesaid.
C.
Where the street opening permit is required for water
supply purposes, the application shall be countersigned by the Superintendent
of the Water Authority or someone authorized by him before the permit
will be granted. Where the street opening permit is required for sewer
service purposes, the application shall be countersigned by an authorized
employee of LASA (Lancaster Area Sewer Authority) before the permit
will be granted.
D.
Except in emergency situations, no opening of a street
shall be permitted, which street has been resurfaced or reconstructed
within a five-year period prior to the date of request for the street
opening. In the event of a street opening within five years of resurfacing
or reconstruction due to emergency situation, the applicant shall
pay the degradation fees outlined in this article.
E.
Except in emergency situations, applications for street
openings shall be submitted to the Borough at least two workdays prior
to the proposed date of excavation. The Borough shall review each
application and grant or deny the applicant a permit upon completion
of the review.
F.
No street opening shall be performed, except in the
case of emergencies, when seasonally prohibited or, in the judgment
of the Borough, working conditions are unreasonable for such work.
G.
The applicant, contractor and owner shall agree to
save the Borough, its officers, employees and agents from any and
all costs, damages and liabilities by reason of personal injury or
property claim which may accrue or be claimed to accrue when directly
or indirectly by reason of said work to be in said application, irrespective
of the cause of such injury or damage. The acceptance of any permit
under this article shall constitute such an agreement by the applicant,
whether the same is expressed or not.
H.
An applicant shall supply a certificate of insurance to the Borough Secretary and have the certificate of insurance properly executed by the applicant's insurance agency. Properly executed certificates of insurance shall be filed with the Borough and verify that the applicant is insured against claims for personal injury, as well as against claims for property damages which may arise from or out of the performance of the excavation work, whether such performance is by the applicant or anyone directly or indirectly employed by him. Such insurance shall include protection against liability arising from completed operations, underground utility damage and collapse of any property. Liability insurance for bodily injury shall be in an amount not less than $1,000,000 for each person and $1,000,000 for each occurrence and for property damages in an amount not less than $500,000. Such insurance shall also provide hold-harmless coverage pursuant to Subsection G above. Failure of an applicant to file a certificate of insurance shall be sufficient reason for denying a permit.
[Amended 6-20-1989 by Ord. No. 175]
A.
Public utility companies desiring to open a street
shall apply for permits as specified in this article; however, no
bond or escrow account shall be required.
B.
All persons, including contractors performing work
for utilities or for Borough municipal authorities, desiring to open
a street shall furnish a properly executed corporate surety bond.
Said bond shall be executed by a reputable surety company licensed
to do business in the Commonwealth of Pennsylvania. All bonds secured
by contractors performing work under contract with Borough municipal
authorities must be countersigned by the Director or Chairman of the
authority.
A.
A permit fee, inspection fee and degradation fee (for
Borough streets only) shall be paid to the Borough Treasurer prior
to a permit issuing. The Borough shall have the right, in its discretion,
to waive fees for contractors performing work under contract with
the Borough.
B.
The permit fee shall be set by resolution of Borough
Council.
[Amended 6-20-1989 by Ord. No. 175]
C.
The degradation fee and inspection fee to accompany
the application as herein provided are to be shown in Table 1 and
Table 2, respectively, of this article.[1] The Borough Treasurer shall place collected degradation
fees into the Borough general fund notes in accordance with Table
1 and Table 2 as follows:
(1)
The degradation fee shall be waived for openings made
on streets maintained by the Pennsylvania Department of Transportation.
(2)
The number of square yards computed for the degradation
fee and inspection fee will be based on the actual size of excavation,
disregarding any pavement that must be removed to enable an overlap
of surface course on the existing base course.
(3)
Sample computation appears with Table 2.
[1]
Editor's Note: Tables 1 and 2 are included
at the end of this chapter.
In all cases where a permit has been issued
and the work set forth in such permit has not been completed, the
amount not completed shall be canceled. The degradation fee, along
with the inspection fee paid, shall be recalculated on the basis of
the work actually completed and the actual extent of the excavation.
All degradation and inspection fees paid in excess of this adjustment
shall be refunded without interest by the Borough Treasurer upon warrant
properly drawn. The permit fee shall not be refunded upon permit cancellation.
A.
All street opening permits are subject to revocation
at any time by the Borough after written notice for the following:
[Amended 6-20-1989 by Ord. No. 175]
B.
Written notice of such violation shall be served upon
the person to whom the permit was granted or his agent or employee
engaged in the work. Such notice may be given either by personal delivery
thereof to the person to be notified or by United States mail, postage
paid, addressed to such person to be notified. The permittee shall
be granted 24 hours to correct such violations unless specifically
stated otherwise within the letter of notification of violation.
C.
Upon revocation of the permit, the degradation and
inspection fees will be refunded to the permittee for that portion
of the project not completed.
[Amended 6-20-1989 by Ord. No. 175]
If any permittee is unable to complete the street
opening work on or before the date specified in the permit, the permittee
shall file a written application for an extension of time with the
Borough, which shall have discretion to grant or deny such application.
The written application shall be in letter form and shall thoroughly
explain the reasons for the extension of time, plus the additional
length of time required. A fee, as established by resolution of Borough
Council, shall accompany the application. This fee shall defray the
costs of processing and filing the application.
[Amended 6-20-1989 by Ord. No. 175]
The permittee shall be responsible for backfilling
and paving the opening and restoring the street surface to its original
condition. The Borough shall have the full authority to establish
standards for paving and backfilling materials and associated procedures.
Details specifying paving and backfilling procedures and materials
shall be obtained from the Borough prior to any street opening work.
[Amended 6-20-1989 by Ord. No. 175]
In case work has not been completed before the
date of expiration as shown on the permit, which time shall be fixed
when the permit and/or time extension is granted, the Borough may
take steps to backfill the trench and replace the street surface over
the opening for which the permit has been issued. The Borough shall
invoice the permittee for all costs incurred by the Borough in the
performance of this work. Payment not made within 30 days will be
chargeable against the posted bond, including all fees and costs involved
in the collection of this payment.
[Amended 6-20-1989 by Ord. No. 175]
The permittee shall assume all responsibility
for the excavation made by such party, for refilling the same and
for all damages that may arise by reason of the digging of such trenches
or excavations. Whenever it is determined by the Borough that, in
the best interests of the Borough, it is necessary to assign additional
street opening inspectors to supervise excavation, backfill or pavement
restoration operations, such inspectors shall be paid by the Borough
at a rate to be fixed by the Borough. The Borough shall invoice the
permittee for all costs incurred by the Borough necessitated by the
assignment of additional inspectors. The Borough is authorized to
make such other rules and regulations for the excavation of streets
which it may deem necessary for the proper maintenance of the street
surface due to excavations, which rules and regulations shall be printed
upon the permit granted or forwarded from the Borough in writing from
time to time.
[Amended 6-20-1989 by Ord. No. 175]
A street opening permit shall be obtained for
any test hole work. No test holes shall be made in or upon a greater
surface of the highway than as specified in such permit, and no excavation
or test holes shall interfere with any of the water pipes, sewers,
drains of the Borough or any other underground utility service. Test
holes having an area of four square inches or less shall be filled
by the applicant with grout composed of one part cement and two parts
sand and a sufficient quantity of water, filled to the surface of
the highway, and the surrounding surface of the highway shall be placed
in the same condition as before. Test holes greater than four square
inches in area shall be backfilled in accordance with the provisions
of this article unless otherwise directed by the Borough.
A.
All gutters must be left open so as not to obstruct
the free passage of water, and the sidewalks and footways must be
kept in a safe and passable condition. All excavations of material
from them shall have placed upon them sufficient lights and barricades
to identify them from all directions during the day and after dark.
If, for safety purposes, the Borough deems it necessary to install
additional warning devices, i.e., lights, barricades or signs, the
permittee shall be notified of the decision and shall receive instructions
on the installation. In case of emergencies, the Borough may install
all additional warning devices deemed necessary by the Borough. The
Borough shall invoice the permittee for rental and installation costs
incurred from the date of installation until the permittee installs
the required warning devices.
[Amended 6-20-1989 by Ord. No. 175]
B.
If the permittee fails to install such devices, the
Borough shall invoice the permittee for rental and installation costs
incurred from the date of installation until the date of removal.
Payment not made by the permittee within 30 days of the invoice date
will be chargeable against the posted bond, including all fees and
costs involved in the collection of this payment.
C.
All openings shall have a sign at least 12 inches
by 18 inches clearly displayed with the contractor's name and phone
number.
[Amended 6-20-1989 by Ord. No. 175]
In no case shall a permittee open or remove
a greater area of street surface than specified in the original application.
The permittee shall not open any street area at any location not specified
in the original street opening permit. If the permittee determines
during construction that an additional area of the street will have
to be opened, he shall notify and secure permission from the Borough
for the additional opening. Upon receipt of permission, the permittee
shall file a supplementary application for the work no later than
the next workday. Fee amounts specified in this article shall be followed
for any subsequent fees associated with supplementary applications.
[Amended 6-20-1989 by Ord. No. 175]
The permittee shall guarantee and maintain his
work for 24 months from the completion of the restoration and replacement
work. Within this twenty-four-month period, upon notification from
the Borough of necessary correction work required, the permittee shall
correct or cause to be corrected all restoration work required within
five calendar days of receipt of notification. The Borough shall determine
the extent of restoration required and the method of correction. Any
and all work not completed within this five-day period may be completed
by the Borough at the discretion of the Borough. The Borough shall
invoice the permittee for all costs incurred by the Borough in performance
of this work. Payment not made within 30 days of the invoice date
will be chargeable against the posted bond, including all fees and
costs involved in the collection of this payment.
[Amended 11-15-1983 by Ord. No. 152; 6-20-1989 by Ord. No.
175]
Any person violating the provisions of this
article shall, upon conviction thereof, be subject to a fine of not
more than $300 for each and every offense, together with costs, and,
in the default of payment thereof, to imprisonment in the Lancaster
County Jail for a period not exceeding 30 days; provided, however,
that, if the Magisterial District Judge determines that the defendant
is without the financial means to pay the fines and costs immediately
or in a single remittance, such defendant shall be permitted to pay
the fines or costs in installments and over such periods of time as
the Magisterial District Judge deems to be just. Each failure to obtain
a permit or, having obtained a permit, to comply with any of the requirements
of this article and each, and every day during which such violation
shall continue shall constitute a separate offense. The Borough reserves
the right to deny the issuance of future street opening permits to
any person who violates the provisions of this article.
