Borough of Moosic, PA
Lackawanna County
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Table of Contents
Table of Contents
[Adopted 5-8-1990 by Ord. No. 16-1990]

§ 264-1 Definitions and word usage.

For the purpose of this article, the following terms, phrases, words and derivations shall have the meanings given herein. When not inconsistent with the context, words used in the present tense include the future; words in the plural number include the singular number; and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.
Any person making application to the Borough for an excavation permit hereunder.
The Borough of Moosic.
The excavation and other work permitted under an excavation permit and required to be performed under this article.
Any person who has been granted and has in full force and effect an excavation permit issued hereunder.
Any individual, firm, partnership, association or organization of any kind.
Any street, highway, sidewalk, alley, avenue or other public way or grounds or public easements in the Borough.

§ 264-2 Permit required.

It shall be unlawful for any person to dig up, break, excavate, tunnel, bore, undermine or in any manner break up any street or to make or cause to be made any excavation in or under the surface of any street, or to place, deposit or leave upon any street any earth or unexcavated material obstructing or tending to interfere with the free use of the street, unless such person shall first have obtained an excavation permit therefor from the Borough as herein provided.

§ 264-3 Permit application.

No excavation permit shall be issued unless an application for the issuance of an excavation permit, or forms provided for that purpose, is submitted to the Borough. The application shall state the name and address of the applicant, the nature, location and purpose of the excavation, and other data as may reasonably be required by the Borough. In the event extensive excavation and construction is planned, the application shall be accompanied by plans showing the extent of the proposed excavation work, the dimensions and elevations of both the existing ground prior to said excavation and of the proposed elevated surfaces, the location of the excavation work, and such other information as may be prescribed by the Borough. It is permissible for public utilities to telephone the Borough to submit permit information to perform maintenance work on their facilities.

§ 264-4 Permit fee.

[Amended by Ord. No. 14-1996]
Upon approval of the application for the excavation permit by the Borough, the applicant shall pay a fee of $50 to the Borough to cover reasonable costs for the issuance of the permit and inspection of said excavation and backfilling. Public utilities shall be billed for permit fees on a monthly or annual basis at the discretion of the Borough. In the event inspection of the pavement repair is performed by an authorized representative of the Borough, the cost for the inspection shall be billed to the permittee at a rate of $20 per hour.

§ 264-5 Placard issuance.

The Borough shall provide each permittee, at the time the permit is issued, a suitable placard which shall state the permittee's name, the permit number and the date of expiration. It shall be unlawful for any person to exhibit such permit at or about any excavation not covered by such permit or to misrepresent the permit number or the date of expiration.

§ 264-6 Surety bond required.

Before an excavation permit is issued, the applicant shall deposit with the Borough Treasurer a surety bond in the amount of $5,000 in favor of the Borough:[1]
With good and sufficient surety by a surety company authorized to do business in the State of Pennsylvania.
Satisfactory to the Borough Solicitor in form and substance.
Conditioned that the applicant will faithfully comply with all the terms and conditions of this article, all rules, regulations and requirements pursuant thereto and as required by the Borough and all reasonable requirements of the Borough.
Conditioned that the applicant will secure and hold the Borough and its officers harmless against any and all claims, judgments or other costs arising from the excavation permit or for which the Borough, the Borough Council or any Borough officer may be made liable by reason of any accident or injury to persons or property through the fault of the permittee.
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
Recovery of such surety bond for any injury or accident shall not exhaust the bond but it shall in its entirety cover any or all future accidents or injuries during the excavation work for which it is given.
In the event of any suit or claim against the Borough by reason of the negligence or default of the permittee, upon the Borough giving written notice to the permittee of such suit or claim, any final judgment against the Borough requiring it to pay for such damage shall be conclusive upon the permittee and his surety.
An annual bond may be given under this provision which shall remain in force for one year conditioned as above, in the amount specified herein and in other respects as specified herein but applicable as to all excavation work in streets by the permittee during the term of one year from said date.

§ 264-7 Surety bond exemption.

The surety bond provisions of this article shall not apply to a duly licensed and bonded plumber or to any public utility permitted to operate with the Borough limits, by franchise or otherwise, for the purpose of supplying water, gas, electric or telephone service or for any excavation which is made under a contract awarded by the Borough or made by the Borough.

§ 264-8 Work to be directed by Borough.

All work done pursuant to an excavation permit issued under the provisions of this article shall be performed under the direction and to the satisfaction of the Borough or its duly authorized agent.

§ 264-9 Cost for inspection of pavement repair.

In the event inspection of the pavement repair is performed by an authorized representative of the Borough, the cost for the inspection shall be billed to the permittee at a rate of $10 per hour.

§ 264-10 Specifications and requirements.

The permittee shall comply with regulations for excavating and backfilling street openings as follows:
Any person or firm contemplating an excavation within the public rights-of-way must first obtain an excavation permit from the Borough as provided by this article.
Any person or firm to whom a street excavation permit or work contract has been issued shall notify all utility companies of the intent to excavate. This notification shall be given not less than 48 hours in advance of the commencement of the work and shall indicate the time, place and purpose of the street excavation.
Any person or firm to whom a street excavation permit or work contract has been issued shall have the duty of determining the location and depth of all existing underground utility installations. If a utility line is broken or damaged in any way, the permittee, or contractor, shall immediately notify the utility owner.
All excavation in trenches shall be backfilled to the original ground surface or to grades specified. The backfill shall begin as soon as practical after the pipe or other construction has been placed and shall thereafter be carried on as rapidly as the protection of the balance of the work will permit. Depositing of the backfill shall be done so the shock of falling material will not injure the pipe or adjacent structures. Grading over and around all parts of the work shall be done as directed by the Borough representative.
Granular or other suitable material as determined by the Borough representative, free from rocks and boulders, shall be deposited in the trench simultaneously on both sides of the pipe for the full width of the trench to a height at least six inches above the top of the pipe, placed and hand-tamped to fill completely all spaces under and adjacent to the pipe. In the event that suitable natural granular material is not encountered during the normal excavation of the trench, or when the material encountered is determined unsuitable by the engineer for backfilling around the pipe as required above, the contractor shall furnish and place other approved material. This approved material shall be furnished from surplus material obtainable from the excavation of adjacent trenches, or from approved borrow areas. If suitable material is not available as stated above, the contractor should procure suitable pit-run material for backfilling around the pipe according to specific directions from the Borough Engineer.
Succeeding layers of backfill may contain coarse material, but shall be free from large pieces of rock, frozen material, concrete, roots, stumps, tin cans, rubbish and other similar articles whose presence in the backfill would cause excessive future settlement of the trench or damage to the pipe.
Wherever suitable material existing within the upper four feet of the finished grade of the paved or traveled portions of the street or roadway is removed by the trench excavation, the contractor shall replace said material (or material of equal quality) as backfill in the upper four feet of the finished grade.
Compaction of the backfill shall be done in lifts of uniform layers not to exceed the depth shown in the compaction chart below and each lift shall be compacted over the full width of the excavated area. Backfill shall be compacted to at least 90% percent of Standard Proctor Density, or to the same or greater density as the adjacent undisturbed soil, or as approved by the Borough Engineer.
Three feet of material compacted with a plate vibrator, plate tamper or button head pneumatic compactor shall be placed over the pipe before a hydra-hammer, vibratory or sheepfoot roller is operated over the pipe.
Special compaction shall be done around all valves, hydrants and other structures and utilities by the use of pneumatic tampers, plate tampers or plate vibrators with lifts not to exceed that shown in the compaction chart.
Service trenches must be compacted in the same manner as the main trench. In areas where curbs and gutters exist, sufficient curbing shall be removed to allow the prescribed compaction over the entire disturbed area.
Compaction chart.
Maximum Loose Soil Lift Height
Compactor Type
Plastic Soils
Hydra-hammer (1,000 lb. wt.; ls. f. shoe; 6 ft. drop height)
Vibratory roller
Not allowed
Sheepfoot (150 psi minimum)
Not allowed
Plate vibrator
Not allowed
Button head pneumatic
Plate tamper
Special requirements.
When the trench excavation is within the right-of-way of a state or county highway, the backfilling of the trench, compaction of materials, subgrade preparation and surfacing shall be done in strict accordance with the requirements and specifications of the state or county highway department at no additional compensation.
All deficiencies in the quantity of material for backfilling the trenches or for filling depressions caused by settlement shall be supplied by the contractor.
In all cases, the contractor shall blade and compact the roadway after the trench has been backfilled, so that it shall be passable to traffic at all times. The contractor shall maintain the roadway in a condition acceptable to the engineer at all times until final approval of the entire work by the Borough.
The contractor shall remedy at his own expense any defects that appear in the backfill for a period of two years following completion.
Permanent restoration of pavement cuts shall be made in like kind of existing pavement or, if not feasible, as directed by the Borough or its duly authorized representative.
Utilities franchised to operate within the Borough, the Borough and agents or contractors of the Borough are permitted to permanently restore pavement cuts. All other permittees shall pay permanent pavement restoration fees, in addition to the permit fee, according to the following schedule:
Fee/Sq. Yd. or Part Thereof
Blacktop on dirt base
Blacktop on brick, stone or concrete base
Concrete 8 inches or 10 inches thick
Concrete sidewalk

§ 264-11 Emergency action.

In the event of any emergency in which a main, conduit or utility facility in or under any street breaks, bursts or otherwise is in such condition as to immediately endanger the property, life, health or safety of any individual, the person owning or controlling such main, conduit or utility facility, without first applying for and obtaining an excavation permit hereunder, shall immediately take proper emergency measures to cure or remedy the dangerous conditions for the protection of property, life, health and safety of individuals. However, such person owning or controlling such facility shall apply for an excavation permit not later than the end of the next succeeding day during which the Borough office is open for business.

§ 264-12 Noncompletion or abandonment.

Work shall progress in an expeditious manner until completion in order to avoid unnecessary inconvenience to the general public. In the event that the work shall not be performed in accordance with the applicable regulations of the engineer or in accordance with the provisions of this article, or shall cease or be abandoned without due cause, the Borough may, after six hours' notice in writing to the holder of said permit of intent to do so, correct said work or fill the excavation and repair the street, and in any such event the entire cost to the Borough of such work shall be a liability of and shall be paid by the person to whom the permit was issued and his surety.

§ 264-13 Insurance requirements. [1]

A permittee, prior to the commencement of excavation work hereunder, shall furnish the Borough satisfactory evidence in writing that the permittee has in force and will maintain in force during the performance of the excavation work and the period of the excavation permit public liability insurance of not less than $500,000 for any one person and $500,000 for any one accident and property damage insurance of not less than $500,000, duly issued by an insurance company authorized to do business in the State of Pennsylvania and on which policy the Borough is named as a coinsured.
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 264-14 Indemnification.

The permittee shall indemnify, keep and hold the Borough free and harmless from liability on account of injury or damage to persons or property arising or growing out of the permittee's negligence in making any street excavation. In the event that suit shall be brought against the Borough either independently or jointly with the permittee on account thereof, the permittee, upon notice to it by the Borough, shall defend the Borough in any suit at the cost of the permittee, and in the event of a final judgment being obtained against the Borough either independently or jointly with the permittee, the permittee shall pay such judgment with all costs and hold the Borough harmless therefrom.

§ 264-15 Exemption from insurance requirements.

The provisions of this article requiring evidence of public liability and property damage insurance shall not be applicable to any excavation work carried on by the Borough or its employees, or utilities operating water, gas, electric or telephone facilities within the Borough.

§ 264-16 Failure to comply with article.

If any person shall fail, refuse or neglect to comply with the provisions of this article, or any rules or regulations, or any reasonable orders or directions of the Borough representative in reference thereto, the Borough may refuse to issue further permits to such person until such conditions or orders are complied with.

§ 264-17 Violations and penalties.

Any person violating any of the provisions of this article shall, upon conviction, be subject to a fine of not more than $600, plus costs of prosecution, and, in default of payment of such fine and costs, to imprisonment for not more than 30 days for each offense.

§ 264-18 Materials used.

When any public streets are to be paved, the materials used in such pavement shall be those recommended by the Director of the Department of Public Works and the Borough Engineer.

§ 264-19 Plans and specifications.

All plans and specifications for the paving of any streets shall be prepared by the Director of the Department of Public Works and the Borough Engineer.