Borough of Forty Fort, PA
Luzerne County
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Table of Contents
Table of Contents

§ 21-101 Definitions.

[Ord. 2003-5, 6/16/2003, § 101]
1. 
The following words, terms, and phrases, when used, shall have the same meaning ascribed to them in this section, except where the context clearly indicates a different meaning.
2. 
The word "shall" is always mandatory and not merely directory.
3. 
Whenever the words "directed," "required," "permitted," "ordered," "designated," "prescribed," or words of like import are used, it shall be understood that the direction, requirement, permission, order, designation, or the prescription of the Borough Engineer or Borough Code Enforcement Officer is intended; and similarly, the words "approved," "acceptable," "satisfactory," or words of like import shall mean approved by, acceptable, or satisfactory to the Borough Engineer or Code Enforcement Officer.
APPLICATION FOR A PAVE CUT PERMIT
A form provided to the utility by the Borough noting pertinent data for the purposes of inspection and control by the Borough, and constituting a receipt for services performed by the Borough.
BOROUGH/CITY
The Borough of Forty Fort.
CAPITAL IMPROVEMENT
Preplanned improvement or upgrade of an existing system, or to install a new system providing new or additional service.
EMERGENCY REPAIR
Work necessitated by the rupture or sudden malfunction of existing underground utilities.
FACILITIES
All the plant and equipment of a public utility or a municipal corporation including all tangible and intangible, real, and personal property without limitations, and any and all means of instrumentalities in any manner owned, operated, leased, licensed, controlled, furnished or supplied for or by, or in connection with the business of any public utility; provided, however, that no property owned by the Commonwealth of Pennsylvania, or the Borough at the date this Part becomes effective shall be subject to any of the terms of this Part, except as elsewhere expressly provided herein.
INSPECTION
A careful or critical investigation not necessarily confined to optical observation but is understood to embrace tests and examination for the purpose of ascertaining quality and compliance as prescribed in this Part, and for discovering and correcting errors and deficiencies.
MUNICIPAL CORPORATION
All cities, boroughs, towns, townships, or counties of this commonwealth, and also any public corporation, authority, or body whatsoever created or organized under any law of this commonwealth for the purpose of rendering any service similar to that of a public. The term "municipality" shall mean the Borough of Forty Fort.
PAVE CUT LOG
A chronological record maintained by the Borough of pave cuts reported to/performed in the Borough, containing pertinent data, as required by the Borough, for the purpose of inspection and control of pave cuts.
PAVEMENTS
Riding surfaces of machine laid asphalt over a base of concrete, brick, Belgian block, rock, crushed stone, bituminous concrete, oil and stone or other subbase.
PERSON
Individuals, partnerships or associations other than corporations and includes their lessees, assignees, trustees, receivers, executors, administrators, or other successors in interest.
(1)
Persons or corporations now or hereafter owning or operating in this commonwealth equipment or facilities for:
(a)
Producing, generating, transmitting, distributing, or furnishing natural or artificial gas, electricity, or steam for the production of light, heat, or power to or for the public.
(b)
Diverting, developing, pumping, impounding, distributing, or furnishing water to or for the public.
(c)
Transporting or conveying natural or artificial gas, crude oil, gasoline, or petroleum products, by pipelines or conduits, to or for the public.
(d)
Conveying or transmitting messages, communications, or data by telephone, telegraph, wire, fiber optic cable, or any other electric/electronic means, to or for the public.
(2)
The term "public utility" shall not include:
(a)
Any person or corporation, not otherwise a public utility, who or which furnishes services only to himself/herself/itself.
(b)
Any bona fide cooperative association which furnishes services only to its stockholders or members on a nonprofit basis.
(c)
Any producer of natural gas not engaged in distributing such directly to the public for compensation.
SERVICE
Is used in this Part in its broadest and most inclusive sense, and includes any and all acts done, rendered, or performed, and any and all things furnished or supplied, and any and all facilities used, furnished, or supplied by public utilities, in the performance of their duties under this Part to their patron, employees, or other public utilities, and the public, as well as the interchange of facilities between two or more of them.
SPECIAL PAVEMENT
Riding surfaces of concrete, brick, Belgian block, or cobblestone.
STREET
Includes any street, highway, road, land, court, alley, public square, or place of whatever nature, whether dedicated or not, open to the use of the public as a matter or right for purposes of vehicular travel.
UTILITY CORRIDOR
An area within any public right-of-way, usually underground but not limited to same, reserved for and assigned to a specified utility by the Borough. Also, the area to be used by the specified utility for placing and operating its facilities for transmitting and distributing its particular commodity or service.
UTILITY RELOCATION
Utility relocation includes, but is not limited to, the adjustment, replacement, or relocation of utility facilities as required by street construction or repaving projects, such as: removing and/or reinstalling the facility, acquiring the necessary rights-of-ways, moving or rearranging existing facilities, changing the type of facility, and any necessary safety/protective measures. It also means the construction of a replacement facility functionally equal to the existing facility, where necessary for the continuous operation of the utility service, the project economy, or sequence of street construction.
WORK
The furnishing of all equipment, labor, materials, accessories, incidentals, bonds, and insurance, necessary or convenient to the successful completion of the project and the fulfillment of all duties and obligations imposed by this Part.

§ 21-102 Pertaining to the Public Utilities/Municipal Corporations, Public Utility Contractors and Subcontractors, and Public Improvement Contractors.

[Ord. 2003-5, 6/16/2003, § 102; as amended by Ord. 2004-4, 3/1/2004; and by Ord. 2009-8, 12/7/2009]
1. 
Permit Procedure. A permit must first be obtained before any opening can be made in any Borough right-of-way except for the cartway of state owned and maintained highways.
2. 
Normal Permit Procedure. Applications for a pave cut permit shall be available from the Forty Fort Borough Code Enforcement Officer or his agent at the Municipal Building, 1271 Wyoming Avenue, Forty Fort, PA 18704. An authorized agent of the public utility/municipal corporation or utility contractor can complete the application at the Municipal Building. This shall be done a minimum 48 hours prior to start of work. A sketch, on minimum 8 1/2-inch by eleven-inch paper shall be submitted with the application. The sketch shall show north directional arrow, two nearest addresses, the size of the pave cut, and the location, measured from two permanent landmarks (utility poles, curb, street corner). The sketch shall include the following information: date, public utility/municipal corporation name, address, phone number, name of contact person, reason for and description of work, work schedule, contractor/subcontractor name, address, phone number, and name of contact person. A copy of the completed application signed by the Borough Code Enforcement Officer or his agent shall be in the hands of a competent person at the work site described in said application and shall constitute a permit. Separate permits shall not be required for cutting streets, sidewalks and tree lawns; provided, that all of the work is performed as a necessary part of one contiguous cut. However each such cut shall be described with specificity in the application and disclose the extent of the cut.
3. 
Emergency Permit Procedure. In cases where an emergency repair, as defined in § 21-101, is found, the utility shall notify the Borough Code Enforcement Officer or his agent on or before the next business day after the emergency repair, and inform them that an emergency existed, the day, time, and location of the pave cut. The normal permit procedure must then be followed. Emergency pave cuts shall be recorded in the pave cut log the next business day following the emergency.
4. 
Pennsylvania One Call. All public utilities/municipal corporations and contractors shall utilize the Pennsylvania One Call system, in accordance with that system's rules and regulations, prior to cutting any pavement.
5. 
Penalty for Failure to Obtain a Permit. Any work done without a permit shall be subject to the penalty plus regular fees in accordance with the fee schedule.
6. 
Only contractors licensed in the Borough of Forty Fort can perform any of the work described or required herein. At the discretion of the Code Enforcement Officer, licensed contractors may be permitted to make a pavement opening. The Code Enforcement Officer reserves the right to deny a permit to any contractor who has a history of not performing work in accordance with Borough ordinances. Sections pertaining to utilities shall be applicable to all contractors.
7. 
Insurance Protection. The applicant shall protect, defend, indemnify, and save harmless the Borough, its officers, employees, and/or agents thereof front all claims, suits, actions, and proceedings of every nature and description that may be thereof for, or on account of any injuries or damages to persons or public or private property, because of any materials or appliances used in the work, or by or on account of improper materials or workmanship, or for or on account of any accident of any other act, negligence or omissions of said applicant, or his agents, servants, or employees, and the Borough shall not in any way be liable therefore, during the progress of the work, and the two-year warranty period following the completion of the work. Minimum insurance shall be:
A. 
Five millions dollars liability per individual with $1,000,000 minimum for each occurrence for bodily injury.
B. 
Five millions dollars liability for property damage.
C. 
Evidence of insurance in the form of a certificate or letter executed by a duly authorized representative of the applicant's insurance carrier shall be submitted to the Borough each year by January 15. Such evidence of insurance shall include the provision that the Borough shall be given proper advance notice of at least 30 days of cancellation or any material alteration in the applicant's policy. Each certificate of insurance shall name the Borough of Forty Fort as additional insured. Evidence of insurance shall be presented to the Borough in accordance with the above prior to the start of any work. This requirement applies to all utilities, contractors, subcontractors, and sub-tier subcontractors.
8. 
Safety Precautions. During the progress of the work the applicant shall provide and maintain such barricades, warning signs and flag persons as deemed necessary by the Borough to prevent accidents to the public and/or adjoining tenants. Minimum precautions must include, but are not limited to, advance warning signals on all approaches to the work, safe crossing for pedestrians each 300 feet, and barricades with flashers on each exposed side at fifty-foot intervals. At the cessation of each day's work, adequate steel plates shall be placed over all excavations greater than two inches in depth to ensure full traffic flow. Excavations less than two inches in depth shall have blinking warning lights, and any other PennDOT required safety warnings. Excavations greater than one inch in depth shall have the edges tapered to provide a smooth transition of vehicles. The maximum length of any opening in any roadway shall be 200 feet, unless otherwise approved in writing by the Code Enforcement Officer or his agent. All precautions shall be in accordance with the "Manual of Uniform Traffic Control Devices," latest edition, as adopted by the U.S. Dept. of Transportation, Federal Highway Administration, Part IV, "Traffic Controls for Street and Highway Construction and Maintenance Operations," latest edition, PennDOT requirements, and any other federal, state, or local requirements.
9. 
Road Closing. No street in the Borough may be completely closed to traffic at one time. One lane of traffic must be able to pass unobstructed at all times. Flagpersons must be posted at the limits of the work at all times to direct traffic through the work area, and all established traffic patterns must be maintained at all times. If all other means of traffic control have been exhausted, the Borough may permit a road to be closed temporarily, only with the consent of the Code Enforcement Officer, Chief of Police, or the Fire Chief. When an emergency condition requires the closing of a Borough road, the Code Enforcement Officer, Police Chief and Fire Chief shall be notified. The completed application bearing the signatures of one of the aforementioned officers shall be returned to the applicant and shall constitute a permit. A penalty shall be imposed for failure to notify the aforementioned officers (see Fee Schedule).
10. 
Time Periods. For small pave cuts, less than 25 square feet, temporary (or permanent, if feasible) restoration shall be made within 48 consecutive hours of the initial cut during the normal work week, excluding holidays and weekends. Time extensions may be granted by the Borough provided the applicant can substantiate reason for extension. Restoration work on long or large pave cuts shall be continuous throughout the progression of the work.
11. 
Scheduling. All excavations shall be commenced and completed in the shortest period of time by the use of a reasonable work force. In congested areas, Wyoming Avenue, and the central business district (bound by Wyoming Avenue from the Kingston border to the Municipal Building, River Street, and Rutter Avenue), the Borough may limit work to other than normal daytime working hours.
12. 
Excavated Material. In peak traffic areas all excavated materials shall be removed daily, at or before the cessation of work. All gutters and drainage devices shall be kept clean of all debris and excavated material. Excavated material shall not be allowed to enter the storm sewer system. Fire hydrants adjacent to the work shall be readily accessible to fire apparatus at all times, and no material or obstruction shall be placed within 15 feet of any hydrant.
13. 
Suitability of Materials. The suitability of material shall be as determined by the Code Enforcement Officer or his agent. All material not conforming to the requirements of this Part shall be rejected, whether in place or not. Such material shall be promptly removed and legally disposed of.
14. 
Waste Material. Material which is unsuitable and any surplus of excavated material shall be considered waste and shall be legally disposed of by the utility or contractor beyond the limits of the Borough. In no case shall waste material be left at the work site.
15. 
Wet Material. Material containing moisture in excess of that percentage required to obtain satisfactory compaction shall not be used as fill/backfill material.
16. 
Dry Material. Material containing insufficient moisture to obtain satisfactory compaction shall be moistened prior to placement and compaction.
17. 
Opening of a Street. Power driven concrete pavement saws or air hammers shall be used on all pave cuts. The cuts must be of sufficient depth to provide a smooth edge. Openings in brick or Belgian block based streets shall be of sufficient width to expose one-half row of undisturbed interlocking stone. No pavement busters, such as drop hammers, hoe rams, and the like, shall be used without the written permission of the Borough.
18. 
Location of Shut-Off Valves. Shut-off valves for water and gas mains and branches may be installed within the limits of the street right-of-way lines. All shut-off valves on service lines and other pipes shall be installed outside the highway cartway lines.
19. 
Responsibility for Damages. In the event a cut is made, and upon inspection, damage to another utility's underground facilities is discovered, it shall be the responsibility of the party making the cut to contact the municipality, and all pertinent/related utilities to instruct them to have representatives inspect the condition before any backfilling takes place.

§ 21-103 Preparation of Streets for Paving, Repair, or Reconstruction.

[Ord. 2003-5, 6/16/2003, § 103; as amended by Ord. 2004-4, 3/1/2004; and by Ord. 2009-8, 12/7/2009]
1. 
The Borough of Forty Fort Council provides this Part for the laying, renewing, replacing, or repairing of all gas, water, steam, communication, data, electric, or any other pipes or conduits, in any street, before the paving, repaving, or repairing of the same, and for making the necessary house connections with said pipes or conduits, and also for the necessary house connections and branches with and leading into main or lateral sewers; provided, that in no case, except as a sanitary measure of which the Borough shall be the judge, shall the Council require such house connections to be extended further from the sewers, or from such gas, water, electric, or other pipes or conduits, than to the inner line of the curb or curbstone of such street. The Borough may, after notice to all companies, corporations, persons, and owners affected, and in default of compliance therewith, cause said pipes or conduits to be laid, renewed, replaced, or repaired, and said connections made, and collect the cost of paving, restoration, and repairing/installing all pipes, conduits, and connections, from the companies, corporations, or persons owning or operating the said gas, water, communication, electric, and any other pipes or conduits, with administrative fees and interest. The sewer connection fees shall be a first lien against the property for which the connections were made.
A. 
Restoration. Prior to the placement of the base course, the existing base and surface must be exposed 12 inches on each side of any failures that developed, or each side of an excavation. All edges of pave cuts shall be painted with bituminous sealant, in accordance with PennDOT requirements, prior to restoration. Restoration of flexible pavement base shall consist of six inches of compacted PennDOT 2A aggregate and four inches of compacted Bituminous Concrete Base Course. The ID-2 wearing course shall be placed to a minimum depth of two inches and rolled to conform to the original pitch and crown of the road surface, and the edges sealed. Surface treatments such as sand or chip seals are prohibited. On long cuts (longer than 10 feet), surface finishing must be rolled with not less than a six-ton roller. Small cuts (less than eight square feet) may be finished with a mechanical tamper. Refer to the bituminous trench repair detail at the end of this Part.
B. 
Restoration-Special. The permanent restoration of special type pavements, such as concrete, brick, Belgian block, cobblestone, gutters, or tiles, shall consist of relaying the original wearing course in accordance with the original specifications in such a manner to prevent settlement, other deterioration, and/or standing water.
C. 
Testing and Inspection. The Code Enforcement Officer or his agent shall inspect all pave cuts during the course of the work. An inspection fee shall be charged for the inspections. Such inspection fees, approval, or acceptance does not relieve the utility or applicant of any responsibility under any Part throughout the guarantee period. Inspection of small cuts (less than eight square feet), at the discretion of the Code Enforcement Officer, may not require visual inspection as the work progresses, but may be approved or rejected based on subsequent inspection/examination/or testing.
D. 
Repaving and Reconstruction. Upon notification from the Borough of a planned street resurfacing or reconstruction, all public utilities/municipal corporations shall be required to test their lines and services, and to schedule capital improvements and service connections to be performed prior to the resurfacing or reconstruction. Thereafter, cuts will be permitted in the new pavement only in an emergency. Unauthorized pave cuts made in new pavement shall be subject to a penalty (see Fee Schedule) and inspection of backfill operations and restoration. Essential services for new building construction shall not include the addition of an alternate or secondary source of fuel, water, heat, or other service not included in the original construction or regarded as essential to the original construction. Pavement shall be considered new for a period of six years, from date of final acceptance of the pavement by the Borough.
E. 
Limestone and Monuments. No limestone or monument in the Borough may be removed, relocated, or buried at any time. When pave cuts or road construction requires the temporary removal of a limestone or monument, it must first be approved at the site, and reset at the direction of the Borough Engineer. All costs incidental thereto, including surveys, shall be paid by or charged to the utility company. A penalty shall be charged to the utility for failure to report the removal, relocation, or alteration of a limestone or monument. Burial or paving over a limestone or monument shall carry a penalty for each stone or monument covered. In addition to the penalty, all costs plus processing fees incidental to exposing and/or resetting a limestone or monument shall be charged to the utility company.
F. 
Test Borings. All test holes and borings shall require restoration. Restoration of bore holes shall follow immediately after testing with the application of asphalt or other water resistant plugs. A penalty will be charged for each test hole found unplugged. (See Fee Schedule).
G. 
Replacement of Pavement Markings. The public utility/municipal corporation and/or its contractor must replace in kind all pavement markings damaged or removed by pave cuts and any work incidental thereto. All markings must be replaced within five business days after permanent restoration, or the Borough can contract to have the markings replaced and bill the public utility/municipal corporation for actual cost plus administrative expenses.
H. 
Pave Cut Color Codes. Public utilities/municipal corporations and/or their contractors shall mark their respective pave cuts in accordance with the Pennsylvania One-Call standards.
I. 
Backfilling. The Code Enforcement Officer or his agent must be notified in advance of all backfilling. Backfilling shall be done in such a manner to obtain proper compaction throughout the entire backfilled area. Backfill materials shall be provided in accordance with the bituminous trench repair detail included in this Part. The method of backfill shall be consistent with good engineering practices and with PennDOT requirements.
J. 
Temporary Restoration. All restoration made with cold patch or any material other than hot asphalt shall be considered temporary. The applicant is responsible for all costs of making and maintaining temporary restorations at disturbed areas. Temporary restoration consists of a minimum of three inches of bituminous material or 4,000 psi concrete, and must be maintained until permanent restoration is made, at which time the temporary materials must be removed.
K. 
Permanent Restoration. Only public utilities/municipal corporations or their contractors shall be permitted to make permanent restoration of openings in pavement. The restored pavements shall be warranted from failure until the street is repaved. Permanent restoration must be completed within 30 days of the initial pave cut. Any cuts made during the months of November through March shall be permanently restored within 30 days after hot asphalt becomes available. Any failure of restoration will be reported to the appropriate public utility/municipal corporation; repairs by the public utility/municipal corporation shall commence within 48 business hours after notification. Upon failure of the public utility/municipal corporation to repair the pave cut in a timely or satisfactory manner, the Borough shall have the option to complete the work, and bill the utility for the cost plus administrative expenses. The responsibility for maintaining the restored pave cuts shall remain with the public utility/municipal corporation.
L. 
Replacement of Electronic Traffic Control Devices and Ancillary Equipment. Electronic traffic control devices and ancillary equipment damaged or removed because of pavement excavations or associated work must be replaced by the public utility/municipal corporation or its contractor, in kind, in whole or in part as required by the Borough. If replacement is not completed in a timely manner satisfactory to the Borough, the Borough shall have the option to complete the replacement, and bill the public utility/municipal corporation for the cost of the replacement.
M. 
Horizontal and Aerial Utility Corridors. Aerial installations of electric power transmission lines and telecommunications and data lines suspended from supporting poles having their base and/or support wires within the right-of-way and interfering with a roadway construction, reconstruction, or repair project shall be relocated upon written order from the Borough to a location specified therein. The Borough may require the utility to place its aerial facilities underground where it is deemed necessary or desirable. Hereafter, aerial installations shall be placed subject to approval by the Borough. The Borough Engineer shall assign horizontal corridors on a case-by-case basis for all new construction. All gate boxes, shutoff valves, and other regulating devices underground for gas, water, steam, electric, telecommunication, data, or other lines shall be located inside the inner line of the curb or curbstone, or, where no curbing exists, to a point specified by the Borough Engineer or the Code Enforcement Officer.
N. 
Commencement of Utility Relocation Activities.
(1) 
Upon receipt of written notification from the municipality requesting/or authorizing the start of physical work, the public utility/municipal corporation shall commence work within 30 days to clear the construction area, unless otherwise stated by the Borough with reasonable cause shown. The utility shall perform the relocation in accordance with the approved plan of the Borough or Borough Engineer.
(2) 
Utility relocation shall be accomplished by the public utility/municipal corporation in a timely manner to ensure its completion prior to the commencement of roadway construction/reconstruction. Areas of utility relocation of work that cannot be accomplished prior to the start of construction, but can be accomplished simultaneously without restricting or interfering with the roadway construction, may be done concurrently with the roadway construction project when approved by the Borough or Borough Engineer.
(3) 
It is acknowledged that field conditions occasionally necessitate revision of the utility relocation plan. It shall be the responsibility of the public utility/municipal corporation to report and justify, and to correct any data on file with the municipality or Borough Engineer. The utilities are required to obtain the Borough's or Borough Engineer's concurrence prior to implementing such revisions within the right-of-way of the project under construction. Minor modifications to the plan, not requiring design or location changes, may be made without prior approval of the Borough or Borough Engineer. All such changes shall be brought to the attention of the Borough and Borough Engineer.

§ 21-104 Enforcement.

[Ord. 2003-5, 6/16/2003, § 104]
1. 
Delegation of Authority. The Borough Council by this Part establishes that the responsibility and authority for administration and enforcement of the Parts shall be with the Borough Code Enforcement Officer or his agent, and/or as otherwise designated by the Borough Council.
2. 
Inspectors/Reviewers. The Borough Code Enforcement Officer or Borough may appoint persons as their representatives to enforce this Part. These agents shall have the authority and responsibility for the enforcement of this Part as vested in the Borough Engineer.
3. 
Noncompliance. When work performed by a public utility/municipal corporation or contractor under this Part is found in violation of same, the contractor or public utility/municipal corporation may be given the opportunity to make corrections as required by the Borough. If the corrections are not completed in the specified time or not completed as specified, the municipality may suspend all work whether completed or in progress for noncompliance with this Part, and take appropriate precautions to safeguard the interests and well being of the Borough. All work performed or contracted for by the Borough to attain compliance in this regard shall be billed to the public utility/municipal corporation or contractor, plus administrative expenses. In addition, a penalty for noncompliance shall be imposed.
4. 
Resumption of Suspended Work. The public utility/municipal corporation or contractor shall actively resume work upon notice from the Borough after a suspension.
5. 
Penalty for Noncompliance. If the public utility/municipal corporation or contractor fails to make corrections satisfactory to the Borough to work found in noncompliance with this Part in the time specified, a penalty shall be imposed.
6. 
Nonissuance. The Borough reserves the right to bar any contractor, subcontractor, or lower-tier subcontractor from working within the Borough limits whose work is found in noncompliance with this Part. The Borough reserves the right to refuse issuance of a permit to any applicant who fails (or has previously failed or delayed) to maintain pave cuts in accordance with this Part, or who fails (or has previously failed or delayed) to pay sums due to the Borough within 30 days from the date of billing. The Borough reserves the right to refuse issuance of a permit to cut or open new pavement.
7. 
Pertaining to Contractors. At the discretion of the Borough, contractors licensed in the Borough, other than those under contract to a utility, may be permitted to make an opening, cut, or excavation in the Borough's streets. All parts pertaining to utilities shall also be applicable to contractors.

§ 21-105 Fees.

[Ord. 2003-5, 6/16/2003, § 105]
The costs of filing such application and permit to be issued thereon, and the cost of inspection/review deemed necessary by the Borough Council, shall be in accordance with a fee schedule set by resolution of Council.

§ 21-106 Penalties.

[Ord. 2003-5, 6/16/2003, § 106; as amended by Ord. 2009-8, 12/7/2009]
1. 
Acknowledgment of Guilt. Any person charged with violating any provision of this Part may sign an acknowledgment of the offense committed, either before or after the beginning of a suit, and pay to any duly authorized agent of the Borough, the maximum penalties provided by the fee schedule, together with costs and processing fees accruing to that date. Such person shall receive a printed receipt therefore, which shall bear the imprint of the seal of the municipality, and the signature of a Borough employee authorized to sign for same, which shall be evidence of full satisfaction of the offense committed.
2. 
Penalties. Any person, firm or corporation who shall violate any provision of this Part, upon conviction thereof, shall be sentenced to a fine of not more than $1,000 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 30 days. Each day that a violation of this Part continues or each section of this Part which shall be found to have been violated shall constitute a separate offense.
3. 
Civil Action. In addition to the foregoing, the Borough may pursue other and additional remedies as may be authorized.

§ 21-201 Title.

[Ord. 1997-1, 2/3/1997, § 51-1]
This Part shall hereafter be referred to as the "Snow and Ice Ordinance."

§ 21-202 Duty of Owner.

[Ord. 1997-1, 2/3/1997, § 51-2]
1. 
It shall be the duty of the owner, tenant or occupant of any lot or land or real estate in the Borough of Forty Fort to clear the entire width of the sidewalks contiguous thereto of all snow or ice within 24 hours after the cessation of any storm or fall of snow.
2. 
Corner properties shall be required to clear any and all crosswalks, the entire width to the curbline or edge of bituminous pavement.

§ 21-203 Failure to Comply; Assessment for Work Done.

[Ord. 1997-1, 2/3/1997, § 51-3]
If any sidewalk contiguous to any lot, land or real estate within the Borough of Forty Fort is not cleared by the owner, tenant or occupant as directed in the previous section, the Borough may cause said sidewalk to be cleared forthwith and to immediately report the cost and expense, plus an additional amount of 10%, thereof to the Borough Council, and said charge shall be collected against the owner, tenant or occupant in addition to any fines or penalties as other charges and assessments are by law collectible.

§ 21-204 Deposit of Snow or Ice Restricted.

[Ord. 1997-1, 2/3/1997, § 51-4.1; as amended by Ord. 2009-8, 12/7/2009]
It shall be unlawful for any person, persons, firm, corporation, or entity owning or occupying any property abutting or bordering upon any street or highway in this Borough, to deposit, throw or shovel or to cause, allow or permit any person or persons to deposit, throw or shovel any snow or ice in and upon any such street or highway, or on or immediately next to a fire hydrant.

§ 21-205 Deposit of Snow on the Tree Lawn Areas Restricted.

[Ord. 1997-1, 2/3/1997, § 51-4.2]
It shall be unlawful for any persons to throw or allow or permit any person to deposit snow on tree lawns, where areas are available in the abutting front yard area. Persons shall deposit snow from sidewalks onto this front yard area until snow cannot physically be deposited without falling back into the sidewalk area.

§ 21-206 Motor Vehicles Restricted From Sidewalks.

[Ord. 1997-1, 2/3/1997, § 51-4.3]
It shall be unlawful to operate or allow persons to operate licensed motor vehicles on sidewalks except those areas designated as driveway aprons. Driveway aprons are those areas between driveways and roadways which provide both pedestrian traffic along sidewalks and vehicular traffic to designated driveways.

§ 21-207 Narrow Street/Tree Lawn Exceptions.

[Ord. 1997-1, 2/3/1997, § 51-4.4]
Where streets have no tree lawns or are less than two feet wide (from the sidewalk to the curb), residents will be allowed to pile snow along curbline, when front yard areas are full. Borough workers will remove such snow when amounts become excessive.

§ 21-208 Parked Vehicles Interfering With Snow Removal.

[Ord. 1997-1, 2/3/1997, § 51-5.1]
The owner of a vehicle (or any other obstruction) or entity in whose name it is registered shall not allow, or permit such vehicle to stand or park in any street, way, highway or parkway under the control of the Borough, in such manner as to interfere with the work of removing or plowing snow or removing ice.

§ 21-209 Parking Prohibited.

[Ord. 1997-1, 2/3/1997, § 51-5.2]
1. 
After a snowfall of three inches or more, (as measured by Foreman of the Department of Public Works or his designee) parking shall be restricted as hereinafter specified:
A. 
It will be unlawful for any person to park a motor vehicle, as defined under the Vehicle Code of the Commonwealth of Pennsylvania, 75 Pa.C.S.A. § 101 et seq., or any other trailer, dumpster or obstruction, contrary to the regulations hereinafter specified. Immediately upon a deposit of three inches of snow, parking shall be restricted as follows:
B. 
Parking will only be allowed on even (house numbers) sides on even numbered calendar days and odd (house numbers) sides on odd numbered calendar days.
C. 
Vehicles and obstructions shall be removed from the opposite sides which will be designated as "No Parking Zones" for the purpose of cleaning snow. Vehicles not removed on designated days for snow removal as stated above will be ticketed and towed at the owner's expense.
D. 
Where parking is usually restricted on one side of the street, said parking restriction shall be lifted to comply with this Part.

§ 21-210 Snow Emergencies.

[Ord. 1997-1, 2/3/1997, § 51-6.1]
1. 
In order to facilitate the movement of traffic and to combat the hazards of excessive snow and ice on the streets and highways in the Borough, the Mayor (or in his/her absence, the President of Council) in his/her discretion, may declare an emergency due to such hazards.
2. 
After any such emergency shall have been declared, it shall be unlawful during the period of such emergency for any person to operate any type of a motor vehicle on any such street or highway within the Borough unless such vehicle shall be equipped with equipment to provide sufficient traction to keep such vehicle in motion so that other traffic on such highways will not be blocked or seriously impeded.

§ 21-211 Parking.

[Ord. 1997-1, 2/3/1997, § 51-6.2]
1. 
After any such emergency shall have been declared, it shall be unlawful during the period of such emergency for any person to park any type of motor vehicle or to allow the same to remain parked on the following streets between the hours of 9:00 p.m. and 6:00 a.m.:
Wyoming Avenue (SR 0011)
Welles Street
River Street (Rutter to Wyoming Avenue)
Rutter Ave (River to Welles)
Slocum Street
Shoemaker Street
Dennison Street
Murray Street (Slocum to Dennison)
2. 
The Mayor or the Chief of Police, shall also, through radio, newspaper or other available media, disseminate information as to the existence of such emergency.

§ 21-212 Violations and Penalties.

[Ord. 1997-1, 2/3/1997, § 51-7]
Any person, firm or corporation who shall violate any provision of this Part, upon conviction thereof, shall be sentenced to a fine of not less than $25 nor more than $1,000 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 30 days. The minimum fine for the second offense shall be not less than $50 plus costs. Third and subsequent penalties shall be a minimum of $150 plus costs. Each day that a violation of this Part continues or each section of this Part which shall be found to have been violated shall constitute a separate offense.