[Adopted 4-11-1988 by Ord. No. 2-1988]
As used in this article, the following terms shall have the
meanings indicated:
Any person, firm, association or corporation applying for
and to whom a permit to make an excavation may be issued.
The digging of any trench or excavating through or under
the limits of any ordained or dedicated street in the City, or any
public sidewalk or trail, or the cutting into or opening and removal
of any public pavement surfaces within the City.
[Amended 5-6-2019 by Ord.
No. 2-2019]
A.
No person shall make or cause to be made any excavation within the
City without first obtaining a permit therefor.
B.
No permit shall be granted to any applicant unless such applicant
has paid to the City any and all monies then due to the City for prior
excavations made or for any loss, damage or expense in any manner
occasioned by or arising from the opening of streets, alleys, sidewalks,
or trails of the City under prior permits.
[Amended 5-6-2019 by Ord.
No. 2-2019]
[Amended 5-6-2019 by Ord.
No. 2-2019]
Application for an excavation permit shall be made to the City.
Each applicant shall be subject to approval by the City Engineer or
Public Works and Parks Director.
[Amended 5-6-2019 by Ord.
No. 2-2019]
A.
No permit shall be issued under this article until such person, firm,
association or corporation shall have deposited and filed with the
City Administrator and/or Public Works/Parks Director an indemnity
bond or financial security, with approved corporate surety, in an
amount of not less than 110% of the estimated restoration cost of
City street, highway, alley, sidewalk, or trail to be affected, such
bond or security to guarantee against subsidence or damage of the
City street, highway, alley, sidewalk, or trail for a period of one
year from the date of final restoration of the street, highway, alley,
sidewalk, or trail. Final restoration must be completed within 30
days of backfilling unless other arrangements are requested by the
permittee, in writing, and approved by the City Engineer. Utility
companies may complete final restoration of multiple openings using
the following schedule.
B.
An annual bond for utilities may be requested by the City. Public
utilities will be permitted to post an annual bond with the City,
at the discretion of the Public Works/Parks Director and City Engineer.
The form and amount of the annual bond shall be determined by the
Public Works Foreman or City Engineer based on the amount, nature
and frequency of road openings and the permittee's prior experience.
C.
In the event the Public Works/Parks Director, Working Foreman or
City Engineer determines that there has been default in the performance
of the work, it shall give written notice of the default to the permittee
and its corporate surety. The notice shall state the action which
is to be taken to correct the default, the estimated cost of the correction
and the time required for its completion. If a notice of default is
issued, the City may deny issuance of additional permits in a case
where timely correction of default was not performed.
[Amended 12-12-2016 by Ord. No. 6-2016; 5-6-2019 by Ord. No. 2-2019]
The applicant, prior to issuance of the permit, shall pay a
permit fee, as established from time to time by resolution of City
Council, and actual cost of review fees by the City Engineer.
[Amended 9-13-1993 by Ord. No. 13-1993; 5-10-2010 by Ord. No. 1-2010; 5-6-2019 by Ord. No. 2-2019]
Streets, highways, alleys, sidewalks, and trails shall conform
to the construction drawings attached as prepared by the City Engineer.
A.
All excavations shall be backfilled with dry, compactable material
in accordance with PennDOT specifications, Publication 408, latest
edition, and such material shall be thoroughly compacted by proper
tamping or rolling. The surface of the excavated area shall be restored
in accordance with the construction drawings in Appendix A or to its
original condition if greater than construction drawings.
B.
Existing pavement which is removed during excavation shall be removed
for a distance of at least one foot beyond the outer limits of the
subgrade that is disturbed, to prevent settlement. The wearing course,
or top bituminous layer, shall be removed to the nearest joint or
pavement edge for the length of excavation as shown in attached construction
drawings.
[Amended 5-6-2019 by Ord.
No. 2-2019]
All work shall be subject to supervision and inspection of the
Public Works/Parks Director, Working Foreman or the City Engineer,
and shall be done to his satisfaction and approval.
The applicant shall provide such barriers, lighting devices
and refill as necessary to make the excavation safe at all times until
the one-year bond is released.
[Added 3-8-1993 by Ord. No. 5-1993]
It is unlawful for any person to discharge or place or allow
to be discharged or placed any stones, gravel, mud, petroleum products,
road salt, dirt, water (other than incidental surface water) or other
substances or other loose debris from private roads, driveways or
lands onto or into any City road, any road for which the City has
maintenance responsibilities or any City storm sewer.
[Added 3-8-1993 by Ord. No. 5-1993]
The City may require any activity under § 256-19 to be removed or remedied within 24 hours after notice, by the owner or occupier of the property or person responsible for the discharge or placement, in default of which the City may cause the same to be done and collect the cost thereof from said owner, occupier or responsible party, together with a 10% penalty in the manner provided by law for the collection of municipal claims.
[Amended 3-8-1993 by Ord. No. 5-1993; 12-12-2016 by Ord. No. 6-2016; 5-6-2019 by Ord. No. 2-2019]
Any person, firm or corporation who shall violate any provision
of this article, upon conviction thereof in an action brought before
a Magisterial District Judge in the manner provided for the enforcement
of summary offenses under the Pennsylvania Rules of Criminal Procedure,
shall be sentenced to pay a fine of not less than $100 nor more than
$1,000, plus costs, including reasonable attorneys' fees incurred
by the City, and, in default of payment of said fine and costs, to
a term of imprisonment to the extent permitted by law for the punishment
of summary offenses. A separate offense shall arise for each day or
portion thereof in which a violation of this article is found to exist
and for each section of this article found to have been violated.
All fines and penalties collected for violations of this article shall
be paid to the City Treasurer.
[Added 3-8-1993 by Ord. No. 5-1993]
The fines, penalties and remedies provided under this article
are intended to allow additional remedies to the City, and nothing
contained herein shall abridge, alter or limit rights of action or
remedies available to the City in or hereafter existing in law.
