[Ord. No. 154, 2/3/1964, § 1]
1. The following words, when used in this Part, shall have the meanings
ascribed to them in this section, except in those instances where
the context clearly indicates otherwise:
PERSON
Any natural person, partnership, firm, association or corporation.
STREET
Any public street, avenue, road, square, alley, highway or
other public place located in the Borough and established for the
use of vehicles.
2. In this Part, the singular shall include the plural and the masculine
shall include the feminine and the neuter.
[Ord. No. 154, 2/3/1964, § 2]
It shall be unlawful for any person to open or to make any excavation
of any kind in any street in the Borough, except in and upon those
portions thereof established for the use of vehicles.
[Ord. No. 154, 2/3/1964, § 3]
It shall be unlawful for any person to open or to make any excavation
of any kind in any of the streets in the Borough without first securing
a permit therefor as provided in this Part.
[Ord. No. 154, 2/3/1964, § 4]
Any person who shall desire to make any opening or excavation
in any of the streets in the Borough shall make application to the
Borough Secretary in writing for the purpose. Such application shall
be made upon blanks to be furnished by the Borough and shall set forth
the name of the applicant, the exact location of the proposed opening
or excavation and the approximate size or depth thereof, and shall
contain an agreement on the part of the applicant that the work shall
be done in full compliance with the ordinances of the Borough and
shall well and truly save, defend and keep harmless the Borough from
and indemnify it against any and all actions, suits, demands, payments,
costs and charges for or by reason of the proposed opening or excavation,
and all damages to persons or property resulting in any manner therefrom,
or occurring in the prosecution of the work connected therewith, or
from any other matter, cause or thing relating thereto.
[Ord. No. 154, 2/3/1964, § 5; as amended by Ord.
No. 323, 1/20/1988, § 1]
Before any permit shall be issued to open or excavate any street
in the Borough, the applicant shall pay to the Borough the fees established
by resolution, from time to time, of Borough Council, to cover the
cost of inspection and other incidental services in connection therewith.
[Ord. No. 154, 2/3/1964, § 6]
Any person who shall open or excavate any improved street in
the Borough shall thoroughly and completely refill the opening or
excavation, puddling and ramming so as to prevent any settling hereafter;
and shall restore the surface to the same condition as it was before
the opening or excavation, and such restoration shall be in accordance
with the specifications of PennDOT which are hereby adopted as specifications
of the Borough for restoration of surfaces of streets in the Borough;
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 defects 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.
[Ord. No. 154, 2/3/1964, § 7]
All other work in connection with openings in any street, including
excavation, protection, refilling and temporary paving, shall be done
by the applicant at his expense, and, all such work shall be subject
to the provisions of this Part and to the supervision and approval
of the Borough Engineer, provided that the Borough Engineer may require
that cutting of the surface of improved streets and the backfilling
of all excavations therein shall be done by the Borough, and the charge
therefor shall be paid by the applicant on the basis of actual cost
of the work plus 20%.
[Ord. No. 154, 2/3/1964, § 8]
1. No opening or excavation in any street shall extend from the curbline
into, the highway a distance greater than one foot beyond the center
line of the street before being refilled and the surface of the highway
restored to a condition safe and convenient for travel.
2. No more than 200 feet longitudinally shall be opened in, any street
at any one time.
3. The work of excavation shall be so conducted as not to interfere
with the water mains, sewers or their connections with the houses
or any other subsurface lines or constructions, until permission of
the proper authorities in connection with such subsurface lines or
constructions shall have been obtained.
4. No tunneling shall be allowed without the express approval of the
Borough Engineer and permission therefor endorsed upon the permit.
The backfilling of a tunnel excavation shall be made only in the presence
of the Borough Engineer or an inspector designated by him, and shall
be done only in a method approved by him.
5. All openings or excavations shall be backfilled promptly with suitable
materials and thoroughly compacted in layers, each of which shall
not exceed six inches in depth. On improved streets, the backfilling
shall be placed to within 10 inches of the surface.
6. On improved streets, a temporary paving of suitable stony materials,
thoroughly bound and compacted, shall be installed flush with the
surface of the adjoining paving.
7. During the making of any excavation in any street, every necessary
and reasonable precaution shall be taken by the applicant and the
parties making the same to keep the street in a safe and passable
condition both day and night by guards, barriers, lanterns and other
devices, and all excavating permits are granted under and subject
to the express condition that the person to whom the same is issued
shall indemnify, save and hold harmless the Borough from any loss
in damages, or otherwise whatsoever, which may or shall be occasioned
at any time by the said excavation or by any leak, explosion or other
injury from any pipe, apparatus, conduit or any other matter placed
in the said excavation.
8. The applicant shall notify the Borough Engineer when the opening
or excavation is ready for backfilling before any backfilling is done,
and when the work is completed by proper backfilling in the case of
unimproved streets and by temporary paving in the case of improved
streets.
9. In the event that any work performed by or for a permit holder shall,
in the opinion of the Borough Engineer, be unsatisfactory, and the
same shall not be corrected in accordance with his instructions within
the time fixed by him, or in the event that the work for which the
permit was granted is not completed within the time fixed by the Borough
Secretary, the Borough may proceed to correct such unsatisfactory
work or complete any such work not completed, and charge therefor,
plus 20%, to the applicant.
[Ord. No. 154, 2/3/1964, § 9]
In the case of any leak, explosion or other accident in any
subsurface pipe, line, construction or apparatus, it shall be lawful
for the person owning or responsible for such pipe, line, construction
or apparatus, to commence an excavation to remedy such condition before
securing a permit, provided that application for a permit shall be
made immediately and not later than the next business day thereafter,
and that all other provisions of this Part are fully complied with.
If any such emergency condition shall not be immediately attended
to by the owner or person responsible for such pipe, line, construction
or apparatus, the Borough Engineer, after such notice as he shall
deem necessary under the circumstances of the particular case, shall
proceed to do the work necessary and required by such emergency, and
charge the same on the basis of cost plus 20% to such owner or person.
[Ord. No. 154, 2/3/1964, § 10]
The Borough Engineer shall give timely notice to all persons
owning property abutting on any street within the Borough about to
be paved or improved, and to all public utility companies operating
in the Borough, and all such persons and utility companies shall make
all water, gas or sewer connections, as well as any repairs thereto
which would necessitate excavation of the said street within 30 days
from the giving of such notice, unless such time is extended in writing
for causes shown by the Borough Engineer. New paving shall not be
opened for a period of five years after the completion thereof, except
in case of emergency, the existence of which emergency and necessity
for the opening of such paving to be determined by the Borough Engineer.
If it is sought to excavate upon or open a street within five years
after the completion of the paving thereof for any reason than an
emergency as above stated, the applicant shall make written application
to the Borough Council, and a permit for such opening shall only be
issued after express approval of Council.
[Ord. No. 154, 2/3/1964, § 11]
No new water or gas main shall hereafter be laid or constructed,
and no existing water or gas main shall be extended in any of the
streets of the Borough until the exact location thereof and the plan
therefor shall first have been approved by the Borough Council.
[Ord. No. 154, 2/3/1964, § 12]
Payment for all work done by the Borough under the provisions
of this Part shall be made by the person made liable therefor under
the provisions hereof within 30 days after a bill therefor is sent
to such person by the Borough. Upon failure to pay such charges within
such time, the same shall be collectible by the Borough in the manner
provided by law for the collection of municipal claims.
[Ord. No. 154, 2/3/1964, § 13; as amended by Ord.
No. 232, 7/10/1973, § 1; by Ord. No. 357, 10/16/1991, § 21-113;
and by Ord. No. 501, 8/15/2012]
Any person, firm or corporation who shall violate any provision
of this Part, 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 more than $1,000 plus costs
and, in default of payment of said fine and costs, to a term of imprisonment
not to exceed 90 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.
[Ord. No. 154, 2/3/1964, § 14]
The provisions of this Part shall not apply to laying sidewalks
or curbs or the planting of poles.