[HISTORY: Adopted by the Borough Council of the Borough of Harveys Lake as indicated in article histories. Amendments noted where applicable.]
[Adopted 11-6-1975 by Ord. No. 3-75]
This article shall be known and may be cited as the "Street Excavation Ordinance of the Borough of Harveys Lake, Luzerne County, Pennsylvania."
For the purposes of this article, the following terms, phrases, words and their 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 written application to the Borough Engineer for an excavation permit hereunder.
- The Borough of Harveys Lake, Luzerne County, Pennsylvania.
- BOROUGH COUNCIL or COUNCIL
- The Borough Council of the Borough of Harveys Lake.
- The Borough Engineer of the Borough of Harveys Lake or his local representative as designated by Council.
- EXCAVATION WORK
- 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 or other public way or grounds or public easements in the Borough of Harveys Lake.
It shall be unlawful for any person to dig up, break, excavate, tunnel, drill, 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 excavated 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 Engineer, as herein provided.
No excavation permit shall be issued unless a written application for the issuance of an excavation permit, on forms provided for that purpose, is submitted to the Engineer. The written application shall state the name and address of the applicant, the nature, location and purpose of the excavation, the date of commencement and date of completion of the excavation, and other data as may be reasonably be required by the Engineer. If required by the Engineer, 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 excavated surfaces, the location of the excavation work and such other information as may be prescribed by the Engineer.
Upon approval of the application for the excavation permit by the Engineer, the applicant shall pay a fee of $10 to the Engineer to cover reasonable costs for the issuance of the excavation permit.
The Engineer 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 the duty of any permittee hereunder to keep the placard posted in a conspicuous place at the site of the excavation work. It shall be unlawful for any person to exhibit such placard at or about any excavation not covered by such permit or to misrepresent the permit number or the date of expiration.
Before an excavation permit is issued, the applicant shall deposit with the Borough Secretary a surety bond in the amount of $1,000 in favor of the Borough. The required surety bond must be:
With good and sufficient surety by a surety company authorized to do business in the State of Pennsylvania.
Satisfactory to the Borough Attorney 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 Engineer and all reasonable requirements of the Engineer.
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.
Recovery on 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.
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 Engineer or his duly authorized agent.
The Engineer shall prepare such regulations with respect to excavations within any street and shall modify them with respect to particular work, as the Engineer shall deem necessary or advisable to protect the public from injury, to prevent damage to public or private property and to minimize interference with the public use of the streets.
Regulations promulgated by the Engineer shall be approved by the Council after notice of a hearing, and a hearing and a copy of said regulations shall be given to each permittee upon issuance of the street excavation permit.
Regulations promulgated by the Engineer may include:
The requirement that all public utilities be notified by the permittee of permittee's intent to make a street excavation, giving notice of time, place and purpose of such excavation.
The requirement that the permittee shall have the duty of determining the location and depth of all existing underground facilities.
The manner and method of backfilling street excavations and procedures to be followed in compacting backfilled material.
Specifications as to material to be used in backfilling street excavations.
The manner and method of making street excavations, including procedures to safeguard and protect adjoining and adjacent property and existing underground and aboveground facilities.
Requirements for restoration of street surfaces.
Special provisions shall be made for simplifying procedures and supervision in respect to excavations by franchised utilities.
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 Engineer's office is open for business and shall not proceed with permanent repairs without first obtaining an excavation permit hereunder.
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.
A permittee, prior to the commencement of excavation work hereunder, shall furnish the Engineer 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 $100,000 for any person and $300,000 for any one accident and property damage insurance of not less than $25,000 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.
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 defined 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.
The provisions of this article requiring payment of a permit fee and evidence of public liability and property damage insurance shall not be applicable to any excavation work carried on by the Borough or its employees.
If any person shall fail, refuse or neglect to comply with the provisions of this article or any rules or regulations of the Engineer or any reasonable orders or directions of the Engineer in reference thereto, the Engineer may refuse to issue further permits to such person until such conditions or orders are complied with.
Any person violating any of the provisions of this article shall be deemed guilty of a summary offense and punished by a fine of not more than $100 or by imprisonment for not more than 90 days for each offense.