[Adopted 11-21-1960 (Ch. 21, Part 1 of the
1985 Code)]
A.
PERSON
STREET
The following words, 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:
Any natural person, partnership, firm, association or corporation.
Any public street, avenue, road, square, alley, highway or
other public place located in the Borough of Tullytown and established
for the use of vehicles.
B.
In this article, the singular shall include the plural
and the masculine shall include the feminine and the neuter.
It shall be unlawful for any person to open
or to make any excavation of any kind in any street in the Borough
of Tullytown, except in and upon those portions thereof established
for the use of vehicles.
Any person who shall desire to make any opening
or excavation in any of the streets in the Borough of Tullytown shall
make application to the Borough Building Inspector 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 openings or excavations, 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 the laws of the commonwealth in
relation thereto, and that the applicant 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.
Before any permit shall be issued to open or
excavate any street in the Borough, the applicant shall pay to the
Building Inspector a permit fee in a minimum amount as set from time
to time by resolution of the Borough Council to cover the cost of
inspection and other incidental services in connection therewith.
When application shall be made to open or excavate any longitudinal
opening or excavation in excess of 10 feet, before any permit shall
be issued so to open or excavate, the applicant shall pay, in addition
to such minimum fee, an additional fee at the rate set from time to
time by resolution of the Borough Council for each 100 feet or fraction
thereof to be opened or excavated upon such street.
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
thereafter; 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 the Department of Highways
of the Commonwealth of Pennsylvania 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.
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 article and to the
supervision and approval of the Building Inspector, provided that
the Building Inspector 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%.
A.
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.
B.
No more than 500 feet longitudinally shall be opened
in any street at any one time.
C.
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.
D.
No tunneling shall be allowed without the express
approval of the Building Inspector and permission therefor endorsed
upon the permit. The backfilling of a tunnel excavation shall be made
only in the presence of the Building Inspector or an inspector designated
by him and shall be done only in a method approved by him.
E.
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.
F.
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.
G.
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 keep 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.
H.
The applicant shall notify the Building Inspector
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.
I.
In the event that any work performed by or for a permit
holder shall, in the opinion of the Building Inspector, 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
Building Inspector, the Borough may proceed to correct such unsatisfactory
work or complete any such work not completed, and charge the cost
thereof, plus 20%, to the applicant.
In the case of any leak, explosion or other
accident in any subsurface pipe, line, construction or apparatus,
it shall be unlawful 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 article
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 Building Inspector,
after such notice as he deems 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.
The Building Inspector 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 cause shown by the Building Inspector. 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
the necessity for the opening of such paving to be determined by the
Building Inspector. If it is sought to excavate upon or open a street
within five years after the completion of the paving thereof for any
other 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.
No new water, sewer 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
thereto and the plan therefor shall have been first approved by the
Borough Council.
Payment for all work done by the Borough under
the provisions hereof (this article) 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.
[Amended 11-26-1985 by Ord. No. 175]
Any person, firm or corporation who shall violate
any provision of this article shall, upon conviction thereof, be sentenced
to pay a fine of not more than $300, together with costs of prosecution,
or to imprisonment for a term not to exceed 30 days.
The provisions of this article shall not apply
to laying sidewalks or curbs or to the planting of poles.
