The following words and phrases, when used in this article,
shall have the meaning ascribed to them in this section, except in
those instances where the context clearly indicates otherwise:
APPLICANT
Any person as hereinafter defined who makes application for
a permit.
BOROUGH
The Borough of Manheim, Lancaster County, Pennsylvania, or
its delegates as authorized by Borough Council.
CONCRETE
Soil cement, plain cement concrete, or reinforced cement
concrete.
COST
Actual expenditures incurred by the Borough for labor, equipment
and materials, including, without limitation, all fringe benefits
and overhead.
DEGRADATION FEE
A fee paid by the permitted to the Borough of Manheim to
defray a percentage of the costs for resurfacing and reconstruction
of Borough streets resulting from the depreciation of streets associated
with street openings.
EMERGENCY
Any unforeseen circumstance which calls for immediate action
to protect or safeguard life or property.
INSPECTION FEE
A fee paid by the permitted to the Borough of Manheim to
defray street opening inspection costs.
MUNICIPAL AUTHORITY
Any municipal authority created, in whole or in part, by
Borough Council under the Pennsylvania Municipality Authorities Act
of 1945, as amended, to administer a revenue-producing public enterprise.
PERMIT FEE
A fee paid by the permittee to the Borough of Manheim to
cover the costs of issuing, processing and filing the street opening
permit.
PERMITTEE
Any person who has been issued a permit and who shall have,
by acceptance thereof, agreed to fulfill all provisions of this article.
PERSON
Any natural person, partnership, firm, association, public
utility, corporation or similar entity.
PUBLIC UTILITY
Any utility company, excluding municipal authorities created
by the Borough, licensed by the Public Utility Commission of the Commonwealth
of Pennsylvania.
SIDEWALK AREA
That portion of the street right-of-way reserved for sidewalks,
as defined in the Borough Plan
STREET
The entire right-of-way of the public street, public highway,
public alley, public road or public easement within the Borough limits,
excluding the designated curb and sidewalk areas.
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; 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 Council. 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 Finance Director 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 Borough Manager 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 the Borough before
the permit will be granted.
D. Except in emergency situations, the Borough shall, at its discretion,
be permitted to deny the opening of a street which has been resurfaced
or reconstructed within a five-year period prior to the date of request
for the street opening.
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. Applicant 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, whether directly or indirectly, by reason of said work,
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 Manager 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 be 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 $500,000 for each person and $500,000 for each occurrence, and for property damages, an amount not less than $100,000. Such insurance shall also provide hold-harmless coverage pursuant to §
190-25G. Failure of an applicant to file a certificate of insurance shall be sufficient reason for denying a permit.
[Amended 7-14-1992 by Ord. No. 524]
A. A permit fee, inspection fee, and degradation fee (for Borough streets
only) shall be paid to the Borough Finance Director prior to 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 in an amount established, from time to time,
by resolution of Borough Council.
C. The degradation fee and inspection fee to accompany the application
as herein provided are to be in an amount established, from time to
time, by resolution of Borough Council. The Borough Finance Director
shall place collected degradation fees into the Borough Highway Fund.
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 cancelled. 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 excavation. All degradation fee and inspection
fee paid in excess of this adjustment shall be refunded without interest
by the Borough Finance Director, upon warrant properly drawn. The
permit fee shall not be refunded upon permit cancellation.
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
Manager, who 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 of $1 shall accompany the application.
This fee shall defray the costs of processing and filing the application.
The permittee shall be responsible for backfilling and paving
the opening and restoring the street surface to its original condition.
The Borough Council shall have the full authority to establish by
resolution 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.
In case the 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 deposit or letter of credit, including all fees and costs involved
in the collection of this payment.
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 or 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. Borough Council 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.
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.
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.
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 deposit or letter of credit,
including all fees and costs involved in the collection of this payment.
[Amended 7-14-1992 by Ord. No. 524]
A. Any person violating the provisions of this article shall, upon conviction
thereof, be subject to a fine not less than $100 nor more than $600
for each and every offense together with costs and, in the default
of payment thereof, to imprisonment for a period not exceeding 30
days. 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.
B. The Borough reserves the right to deny the issuance of future street
opening permits to any person who violates the provisions of this
article.