[Adopted 3-25-1980 by Ord. No. 471 (Ch. 21, Part 2, of the
1992 Code)]
The following words and phrases, when used in this article,
shall have the meaning ascribed to them in this section, except in
those instances where the context clearly indicates otherwise:
Any person as hereinafter defined who makes application for
a permit.
The Borough of Manheim, Lancaster County, Pennsylvania, or
its delegates as authorized by Borough Council.
January 1 through December 31, inclusive.
Soil cement, plain cement concrete, or reinforced cement
concrete.
Actual expenditures incurred by the Borough for labor, equipment
and materials, including, without limitation, all fringe benefits
and overhead.
A fee paid by the permitted to the Borough of Manheim to
defray a percentage of the costs for resurfacing and reconstruction
of Borough streets resulting from the depreciation of streets associated
with street openings.
Any unforeseen circumstance which calls for immediate action
to protect or safeguard life or property.
A fee paid by the permitted to the Borough of Manheim to
defray street opening inspection costs.
Any municipal authority created, in whole or in part, by
Borough Council under the Pennsylvania Municipality Authorities Act
of 1945,[1] as amended, to administer a revenue-producing public enterprise.
A fee paid by the permittee to the Borough of Manheim to
cover the costs of issuing, processing and filing the street opening
permit.
Any person who has been issued a permit and who shall have,
by acceptance thereof, agreed to fulfill all provisions of this article.
Any natural person, partnership, firm, association, public
utility, corporation or similar entity.
Any utility company, excluding municipal authorities created
by the Borough, licensed by the Public Utility Commission of the Commonwealth
of Pennsylvania.
That portion of the street right-of-way reserved for sidewalks,
as defined in the Borough Plan
The entire right-of-way of the public street, public highway,
public alley, public road or public easement within the Borough limits,
excluding the designated curb and sidewalk areas.
[1]
Editor's Note: The Municipality Authorities Act of 1945 (53
P.S. § 301 et seq.) was repealed by Act 22 of 2001 (June
19, 2001, P.L. 287, No. 22). See now the Municipality Authorities
Act, 53 Pa.C.S.A. § 5601 et seq.
A.
The permit issued pursuant to this article shall be issued in the
name of the owner of the facility, hereafter called the "permittee,"
and shall be binding upon the permittee, its agents, contractors,
successors, personal representatives and assigns. The permittee shall
cause its agents, contractors, successors and assigns to comply with
all the terms and conditions of the permit. The permit shall be maintained
as a permanent record and remain in effect, subject to the condition
hereof, as long as the permittee's facilities authorized therein
occupy the public right-of-way.
B.
The work authorized by the permit issued pursuant to this article
is subject to all applicable laws, rules and regulations, including
but not limited to Act No. 247,[1] approved October 26, 1972, of the Commonwealth of Pennsylvania,
concerning environmental control measures related to pollution and
the preservation of public natural resources.
[1]
Editor's Note: Former 53 P.S. § 1611, environmental impact
statement, was repealed May 15, 1998 by P.L. 358, No. 57, § 6(a).
C.
All work done as authorized by the permit issued pursuant to this
article shall be done at such time and in such manner as shall be
consistent with the safety of the public and shall conform to all
requirements and standards of the Borough.
D.
If at any time it shall be found by the Borough that the work is
not being done or has not been properly performed, the permitted and/or
its contractor, upon being notified in writing by the Borough, shall
immediately commence the necessary steps, at its own expense, toward
placing the work in condition to conform to said requirements or standards.
A.
The opening of the surface of any Borough street is prohibited unless
a permit is obtained for that purpose in the manner hereinafter described.
Such a permit shall be granted through the Borough Council or by a
person so delegated by Borough Council when the person applying for
such permit files an application with the Borough Secretary in compliance
with the provisions of this article and pays into the Borough Treasury
the amounts hereinafter provided.
B.
Any person working in the vicinity of a Borough street who in any
manner disturbs such street or who in any manner causes damage to
a street shall be required by this article to obtain a permit and
correct such damage in accordance with the standards of the Borough.
Street opening permits will not be required for persons excavating
adjacent to the curb for the express purpose of installing or replacing
curbs and/or sidewalks, provided a curb and sidewalk permit has been
obtained from the Borough Secretary prior to performing such work.
The obtaining of street opening permits by Borough departments and
municipal authorities shall be waived when work is to be performed
completely by their own personnel.
C.
All contractors performing work under contract for the Borough or
Borough Authority shall obtain the street opening permit for street
openings.
D.
Public utilities shall obtain street opening permits for street opening
and for excavations to be performed by their own crews or forces or
by contractors.
E.
Nothing herein contained shall be construed to permit the issuing
of a permit for the making of a tunnel under any street, alley or
highway in the Borough. Tunneling will be permitted only after successful
petition to Borough Council.
F.
In the event that street openings are necessitated by emergencies,
street opening permits shall be obtained on the first regular business
day following the street opening and said permit shall be retroactive
to the date when the work was begun. A person performing street openings
for an emergency must certify the emergency nature of the circumstance
in writing to the Borough Council within five days after such emergency.
G.
No permit shall be granted to any applicant unless the applicant
shall have paid into the Borough any and all monies then due to the
Borough for prior excavations made or for any loss, damages or expenses
in any manner occasioned by or arising from the excavation of streets
of the Borough under prior permits.
A.
When the Borough shall propose to reconstruct or resurface any street,
Borough Council shall serve written notice by certified mail of such
improvements to all persons owning property abutting the street about
to be improved and to all public utility companies operating in the
Borough. Within 90 calendar days from receipt of such notice, all
notified persons shall complete or cause to be completed all necessary
repairs and replacement of utility mains, service under the street
and designated curb and sidewalk areas. Notified persons shall also
complete any new installations under the street and designated curb
and sidewalk areas required for use within a five-year period thereafter.
All repairs, replacements and new installations shall be in first-class
condition so that the same cannot reasonably be expected to require
repairs within a period of at least five years thereafter.
B.
Upon failure of any of the notified person or persons to comply with
the notice from the Borough Council to place the same in first-class
condition as hereinbefore provided, the Borough Council may cause
existing utility mains, service connections and/or laterals to be
placed in first-class condition as aforesaid, or to be entirely removed,
if not used or necessary for public convenience, whereupon the Borough
shall be entitled to collect the cost of such renewals, repairs, caulking,
removal or other work from the aforesaid responsible person or persons,
either by invoicing the person or persons or, in the case of water
or sewer house connections, by filing municipal liens therefor against
the abutting properties benefited by such connections.
C.
This section shall not forbid, however, the installation of new pipes,
conduits or other services or structures, or the repair, replacement
or removal of those already existing in or under the portions of such
highways improved as aforesaid, in accordance with the ordinances
of the Borough and the direction of the Pennsylvania Department of
Transportation or the Borough Council or its authorized delegates,
upon obtaining a permit and payment to the Borough of the same fees
as prescribed by the provisions of this article for making a surface
opening in the highway.
Street opening permits shall only be granted upon compliance
with the following express 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
Borough Council. Items required on the drawing shall be specified
at the time of request.
B.
Prior to the issuing of such permit, every such applicant shall pay
to the Borough Finance Director the amount hereinafter provided and
shall exhibit to the Borough Secretary a receipt for the amount aforesaid.
C.
Where the street opening permit is required for water supply purposes,
the application shall be countersigned by the Borough Manager or someone
authorized by him before the permit will be granted. Where the street
opening permit is required for sewer service purposes, the application
shall be countersigned by an authorized employee of the Borough before
the permit will be granted.
D.
Except in emergency situations, the Borough shall, at its discretion,
be permitted to deny the opening of a street which has been resurfaced
or reconstructed within a five-year period prior to the date of request
for the street opening.
E.
Except in emergency situations, applications for street openings
shall be submitted to the Borough at least two workdays prior to the
proposed date of excavation. The Borough shall review each application
and grant or deny the applicant a permit upon completion of the review.
F.
No street opening shall be performed, except in the case of emergencies,
when seasonally prohibited or, in the judgment of the Borough, working
conditions are unreasonable for such work.
G.
Applicant shall agree to save the Borough, its officers, employees
and agents 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 applicant whether the same is expressed or not.
H.
An applicant shall supply a certificate of insurance to the Borough Manager and have the certificate of insurance properly executed by the applicant's insurance agency. Properly executed certificates of insurance shall be filed with the Borough and verify that the applicant is insured against claims for personal injury as well as 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 in an amount not less than $500,000 for each person and $500,000 for each occurrence, and for property damages, an amount not less than $100,000. Such insurance shall also provide hold-harmless coverage pursuant to § 190-25G. Failure of an applicant to file a certificate of insurance shall be sufficient reason for denying a permit.
A.
Public utility companies desiring to open a street shall establish
an escrow account in the name of the Borough of Manheim, in the amount
of 10% of the total cost of the project or $1,000, whichever is the
greater. In the event that a public utility company is engaged in
two or more unrelated street opening projects, said public utility
company shall execute a separate and distinct escrow account for each
street opening project. A public utility may, upon petition to Borough
Council, establish an annual deposit account or make such other arrangement
and in such amounts as are approved by Borough Council.
B.
All other persons, including contractors performing work for Borough
municipal authorities, desiring to open a street shall furnish a properly
executed corporate surety bond. Said bond shall be executed by a reputable
surety company licensed to do business in the Commonwealth of Pennsylvania.
All bonds secured by contractors performing work under contract with
Borough municipal authorities must be countersigned by the Borough
Manager. Any person may, upon petition to Borough Council, request
that a deposit or irrevocable letters of credit be established in
lieu of a bond, with the same terms for bonds as set forth in this
article, upon approval by Borough Council.
C.
Said bond shall cover street opening work performed during one calendar year. The bond shall be in effect for a twenty-four-month period in accordance with § 190-37. The amount of the surety bond shall be $1,000 unless any street excavation and restoration work for a single project exceeds the $1,000. In this case, a person must secure additional bonding in an amount equal to the difference between the $1,000 and the dollar amount computed in accordance with the following schedule:
|
Pavement Structure
|
Amount of Bond
| |
|---|---|---|
|
Sidewalk, concrete
|
$20 per square yard
| |
|
Curbing, box
|
$10 per lineal foot
| |
|
Curbing, roll
|
$7 per lineal foot
| |
|
Street, bituminous concrete surface with bituminous or stone
base
|
$25 per square yard
| |
|
Alley, unpaved
|
$5 per square yard
|
[Amended 7-14-1992 by Ord. No. 524]
A.
A permit fee, inspection fee, and degradation fee (for Borough streets
only) shall be paid to the Borough Finance Director prior to permit
issuing. The Borough shall have the right in its discretion to waive
fees for contractors performing work under contract with the Borough.
B.
The permit fee shall be in an amount established, from time to time,
by resolution of Borough Council.
C.
The degradation fee and inspection fee to accompany the application
as herein provided are to be in an amount established, from time to
time, by resolution of Borough Council. The Borough Finance Director
shall place collected degradation fees into the Borough Highway Fund.
In all cases where a permit has been issued and the work set
forth in such permit has not been completed, the amount not completed
shall be cancelled. The degradation fee along with the inspection
fee paid shall be recalculated on the basis of the work actually completed
and the actual extent of excavation. All degradation fee and inspection
fee paid in excess of this adjustment shall be refunded without interest
by the Borough Finance Director, upon warrant properly drawn. The
permit fee shall not be refunded upon permit cancellation.
A.
All street opening permits are subject to revocation at any time
by the Borough after written notice, for:
B.
Written notice of such violation shall be served upon the person
to whom the permit was granted or his agent or employee engaged in
the work. Such notice may be given either by personal delivery thereof
to the person to be notified or by United States mail, postage paid,
addressed to such person to be notified. The permittee shall be granted
24 hours to correct such violations, unless specifically stated otherwise
within the letter of notification of violation.
C.
Upon revocation of the permit, the degradation and inspection fees
will be refunded to the permittee for that portion of the project
not completed.
If any permittee is unable to complete the street opening work
on or before the date specified in the permit, the permittee shall
file a written application for an extension of time with the Borough
Manager, 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 of $1 shall accompany the application.
This fee shall defray the costs of processing and filing the application.
The permittee shall be responsible for backfilling and paving
the opening and restoring the street surface to its original condition.
The Borough Council shall have the full authority to establish by
resolution standards for paving and backfilling materials and associated
procedures. Details specifying paving and backfilling procedures and
materials shall be obtained from the Borough prior to any street opening
work.
In case the work has not been completed before the date of expiration,
as shown on the permit, which time shall be fixed when the permit
and/or time extension is granted, the Borough 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 will be chargeable against the posted
bond deposit or letter of credit, including all fees and costs involved
in the collection of this payment.
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 or excavations.
Whenever it is determined by the Borough that, in the best interests
of the Borough, it is necessary to assign additional street opening
inspectors or supervise excavation, backfill or pavement restoration
operations, such inspectors shall be paid by the Borough at a rate
to be fixed by the Borough. The Borough shall invoice the permittee
for all costs incurred by the Borough necessitated by the assignment
of additional inspectors. Borough Council is authorized to make such
other rules and regulations for the excavation of streets which it
may deem necessary for the proper maintenance of the street surface
due to excavations, which rules and regulations shall be printed 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
applicant with grout composed of one part cement and two parts sand
and 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.
A.
All gutters must be left open so as not to obstruct the free passage
of water, and the sidewalk and footways must be kept in a safe and
passable condition. All excavations of material from them shall have
placed upon them sufficient lights and barricades to identify them
from all directions during the day and after dark. If, for safety
purposes, the Borough deems it necessary to install additional warning
devices, i.e., lights, barricades or signs, the permittee shall be
notified of the decision and shall receive instructions on the installation.
In case of emergencies, the Borough may install all additional warning
devices deemed necessary by the Borough. The Borough shall invoice
the permittee for rental and installation costs incurred from the
date of installation until the permittee installs the required warning
devices. If the permittee fails to install such devices, the Borough
shall invoice the permittee for rental and installation costs incurred
from the date of installation until the date of removal. Payment not
made by the permittee within 30 days of the invoice date will be chargeable
against the posted bond deposit or letter of credit. including all
fees and costs involved in the collection of this payment.
B.
All openings shall have a sign at least 12 inches by 18 inches clearly
displayed with the contractor's name and phone number.
In no case shall a permittee open or remove a greater area of
street surface than specified in the original application. The permittee
shall not open any street area at any location not specified in the
original street opening permit. If the permittee determines during
construction that an additional area of the street will have to be
opened, he shall notify and secure permission from the Borough for
the additional opening. Upon receipt of permission, the permittee
shall file a supplementary application for the work no later than
the next workday. Fee amounts specified in this article shall be followed
for any subsequent fees associated with supplementary applications.
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 necessary 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 Borough shall determine
the extent of restoration required and the method of correction. Any
and all work not completed within this five-day period may be completed
by the Borough at the discretion of the Borough. 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
will be chargeable against the posted bond deposit or letter of credit,
including all fees and costs involved in the collection of this payment.
[Amended 7-14-1992 by Ord. No. 524]
A.
Any person violating the provisions of this article shall, upon conviction
thereof, be subject to a fine not less than $100 nor more than $600
for each and every offense together with costs and, in the default
of payment thereof, to imprisonment for a period 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 and
every day during which such violation shall continue shall constitute
a separate offense.
B.
The Borough reserves the right to deny the issuance of future street
opening permits to any person who violates the provisions of this
article.
