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:
APPLICANT
Any person who makes application for a permit.
BOROUGH
The Borough of Adamstown, Lancaster and Berks Counties, Pennsylvania.
CONCRETE
Soil cement, plain cement concrete, or reinforced concrete.
COST
Actual expenditures incurred by the Borough for labor, equipment
and materials, including, without limitation, all fringe benefits
and overhead.
EMERGENCY
Any unforeseen circumstance which calls for immediate action
to protect or safeguard life or property or for the restoration or
continuance of public utility or other public service.
INSPECTION FEE
A fee paid by the permittee to the Borough to defray street
opening inspection costs.
MUNICIPAL AUTHORITY
Any municipal authority created, in whole or in part, by
Borough Council under the Municipality Authorities Act of 1945, as
amended.
PENNDOT
The Department of Transportation of the Commonwealth of Pennsylvania
or any successor agency.
PERMIT FEE
A fee paid by the permittee to the Borough 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 any provisions of this article.
PERSON
Any natural person, partnership, firm, association, corporation,
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.
ROAD SUPERINTENDENT
The person designated as Road Superintendent by the Borough
Council of the Borough.
SIDEWALK AREA
That portion of the street right-of-way reserved for sidewalks.
STREET
The entire right-of-way of the public street, public highway,
public alley 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 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
Road Superintendent. Items required on the drawing shall be specified
at the time of the request.
B. All fees established by resolution of Borough Council shall be paid
prior to the issuance of any permit.
C. Except in emergency situations, the Road Superintendent shall, at
his discretion, be permitted to deny the opening of a street which
has been resurfaced or reconstructed within a three-year period prior
to the date of request for the street opening.
D. Except in emergency situations, applications for street openings
shall be submitted to the Road Superintendent at least two days prior
to the proposed date of excavation. The Road Superintendent shall
review each application and grant or deny the applicant a permit upon
completion of the review.
E. No street opening shall be performed, except in the case of emergencies,
when seasonally prohibited or, in the judgment of the Road Superintendent,
working conditions are unseasonable for such work.
F. The permittee shall agree to save the Borough, its officers, employees
and agents harmless 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 permittee whether the same is expressed or not.
G. Upon the request of the Borough, the applicant shall supply a certificate of insurance properly executed by the applicant's insurance agency to verify that the applicant is insured 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 an amount not less than $500,000 for each person and $500,000 for each occurrence and for property damages in an amount of not less than $100,000. Such insurance shall also provide hold harmless coverage pursuant to Subsection
F above. Failure of an applicant to file a certificate of insurance upon request of the Borough shall be sufficient reason to deny a permit.
The permit fee established by resolution of Borough Council
shall be paid to the Borough prior to the issuance of any permit.
If any permittee is unable to complete the street opening on
or before the date specified in the permit, the permittee shall file
a written application for an extension of time with the Road Superintendent,
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 in the amount established by resolution of Borough
Council shall accompany the application.
The permittee shall be responsible for backfilling and paving
the opening and restoring the street surface to its original condition.
The Road Superintendent 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 Road Superintendent prior to any street
opening work.
In case the work has not been completed before the expiration
date of the permit, which date shall be fixed when the permit and/or
time extension is granted, the Road Superintendent 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 shall be collected by
the Borough as authorized by law, including, but not limited to, the
filing of a municipal claim against the property abutting the street
opening if such street opening was made for the benefit of such property.
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 and excavations.
The Road Superintendent is authorized to make such other rules and
regulations for the excavation of streets which he may deem necessary
for the proper maintenance of the street surface due to excavations,
which rules and regulations shall be included 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
permittee with grout composed of one part cement and two parts sand
and by 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 Road Superintendent.
In no case shall a permittee open or remove a greater area of
the street surface than specified in the original application. The
permittee shall not open any street area at a location not specified
in the original street opening permit. If the permittee determines
during construction that an additional area of street will have to
be opened, he shall notify and secure permission from the Road Superintendent
for the additional opening. Upon receipt of the permission, the permittee
shall file a supplementary application for the work no later than
the next day. Any supplementary applications shall require payment
of all fees established by Borough Council.
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 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 Road Superintendent shall determine
the extent of the restoration required and the method of construction.
Any and all work not completed within this five-day period may be
completed by the Borough at the discretion of the Road Superintendent.
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 shall be collected by the Borough as authorized
by law, including, but not limited to, the filing of a municipal claims
against the property abutting the street opening if such street opening
was made for the benefit of such property.
Any person violating the provisions of this article shall, upon
conviction thereof, be subject to a fine of not less than $100 nor
more than $600 for each and every offense and/or to imprisonment in
the Lancaster County jail for a period of 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 day that a
violation is continued 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.