[Adopted 6-13-1994 by Ord. No. 699 (Ch. 21, Part 1, of the
1995 Code)]
It shall be unlawful for any person, firm or corporation to
make any opening or excavation in or under any street or Borough-maintained
thoroughfare within the limits of the Borough unless and until a permit
therefor be secured from the Borough Manager/Secretary for each separate
undertaking. Such permit and the application therefor shall be in
the form prescribed by said Manager/Secretary and shall contain a
statement that the applicant agrees to the terms of this article.
Permits herein required include a permit to connect with the sanitary
sewer system of the Borough or to open or make an excavation in connection
therewith. A police officer of the Borough shall promptly prohibit
any work being done without a proper permit or contrary to the terms
thereof.
The application shall be accompanied by a fee in accordance
with the schedule of fees set forth by the Department of Transportation
for highway occupancy permits. In addition, the applicant shall submit
three copies of a sketch showing such dimensions as: the location
of the intended facility, width of the travelled roadway, right-of-way
lines and a dimension to the nearest intersecting street, and such
further information as the Manager/Secretary may require. Public utility
companies shall be exempted from such permit fees.
Before receiving said permit, each applicant, including public utility companies, shall deposit with the Manager/Secretary a cash bond on a rate of $30 per running foot of excavation or opening applied for, with respect to paved streets, and the rate of $15 per unimproved street, which bond shall remain on deposit until the applicant restores said street surface as specified in § 232-24 herein under the supervision of the Borough and the repairs accepted by it. The Borough hereby declares that any repairs will not be accepted until at least 90 days have transpired from the date of the repairs. The Borough, at it sole discretion, retains the right to refuse to accept repairs for a period of one year following the date of repair. At the end of said period, said cash bond or any remaining part thereof not expended to correct the condition shall be returned to the applicant. In cases where public utility companies are the applicant, the Manager/Secretary may, at his discretion and upon terms fixed by him, accept a duly executed indemnity bond in lieu of the aforesaid cash bond.
It shall be the duty of the applicant to provide and maintain
proper and adequate guards, barriers and lights to prevent accidents,
and he shall assume all risks and be liable for all damages by reason
of the openings and excavations and by reason of any failure to properly
fill the hole or trench and maintain the disturbed surface in a safe
condition. The applicant shall present sufficient documentation at
the time application for the permit is made that proper and adequate
safety measures are taken and maintained.
The applicant shall thoroughly and completely refill the opening
or excavation in such a manner 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 Transportation of the
Commonwealth of Pennsylvania (Publication 408) and all amendments
thereto, which are hereby adopted as specifications of the Borough
of Zelienople for restoration of surfaces of streets in the Borough;
the surface shall conform to the proper grade and be of the same surface
covering as part of the thoroughfare immediately adjoining the opening.
If, within two years after the inspection of the surface 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. The applicant
shall remove all debris created by said excavation.
If the work in opening or in filling or maintaining the surface
shall not be promptly or shall be unskillfully or improperly or incompletely
done, the Borough Engineer or any other person designated by Council
may cause the same to be done in the manner he deems proper, and the
expense thereof, including any overhead expense, shall be charged
to the applicant, together with 25% additional as a penalty, and any
or all part thereof first paid out of the deposit or bond with any
balance to be collected as like claims and penalties are now by law
collectible. No permit shall be issued to any person, firm or corporation
in default under this section until the cost and penalty herein provided
are paid, and no further permit shall be granted to any person, firm
or corporation unless and until the openings or excavations already
caused by him or it have been properly filled and the surface maintained
as aforesaid, in a safe condition and the proper grade, of which the
said Engineer or other person designated shall be the judge.
In no case shall any opening or excavation made by the applicant
be considered in the charge or care of the Borough or any officer
or person employed by the Borough, and no officer or employee is authorized
to in any way take or assume jurisdiction over any such opening or
excavation.
Any person, firm or corporation who shall open or cut a Borough
roadway without first securing a permit and/or providing the required
bond shall be issued an immediate cease and desist order by the Borough
or its designated official.
[Amended 12-11-1995 by Ord. No. 715]
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 less than $300 and 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 30 days. Each day that a violation continues shall constitute
a separate offense.
The applicant shall notify the Borough Manager/Secretary when
the street has been permanently restored so that the inspections may
be made by the Borough Engineer or designated official.
