[Adopted 6-16-1947 by Ord. No. 185, approved 6-16-1947]
[Added 12-19-1949 by Ord. No. 200, approved 12-19-1949]
As used in this article, the following terms shall have the
meanings indicated:
The vertical member or structure along the edge of the roadway
forming part of the gutter or the line dividing that portion of the
highway reserved for the roadway and the portion of the highway reserved
for the use of pedestrians.
That portion of the highway or street extending from the
roadway across the footwalk to the property line approved by the Borough
for the purpose of access to private driveways, garages, gasoline
service stations or other privately owned parking space or building
used for vehicles.
That portion of the highway or street used for the passage
of pedestrians.
That portion of the highway or street along the sides of
the roadway or at intersections of two or more roadways formed or
channeled to convey, carry off or direct the flow of water drainage.
The whole right-of-way which is reserved for and secured
by the Borough and legally open to public use between property lines,
including the roadway, footwalks, curbs, gutters and unpaved areas.
That portion of the highway or street between the gutter,
curb, curblines or side ditches reserved for the use of vehicular
traffic, including its appertaining structures and slopes, and all
ditches, channels, waterways, etc., necessary for its correct drainage.
All matters concerning the construction, placing, repair or
alteration of any highway, street, curb or footwalk, and their appurtenant
structures within the dedicated width of the public highway, shall
be considered within the scope of this article.
No highway, street, curb or footway shall be constructed or
altered within the Borough of Colwyn, except in conformity with the
provisions of this article or any rules promulgated under this article
and the Acts of the Assembly of the Commonwealth of Pennsylvania in
such cases provided. No highway, street, curb, footway or part thereof
already existing or hereafter to be constructed in said Borough shall
be altered in any manner that would violate any of the provisions
hereof, or any rule promulgated hereunder.
[Amended 12-19-1949 by Ord. No. 200, approved 12-19-1949]
The Chairman of the Highway Committee of the Borough Council
may be designated as Highway Commissioner.
The Highway Commissioner or the Borough Engineer shall periodically
inspect the highways and footways within the Borough and shall order
the necessary repairs as hereinafter outlined in this article.
At the January meeting of each year, the Borough Council shall
receive bids for the furnishing of all materials and labor for the
construction or alteration of any curb, highway, street or footway
within the Borough for the ensuing year.
Upon certification of the Highway Commissioner or Borough Engineer
to the Borough Secretary in writing, upon a form prescribed by the
Borough Council, the Secretary shall notify the last known property
owner and/or the occupant of the premises by registered mail to repair
or construct any curb, footway or driveway entrance within 60 days
of the date of said notice. At any time after the expiration date
of said notice, the Highway Commissioner shall order the contractor,
as outlined in § 130-14, to proceed with the work.
A.
Upon certification of the Highway Commissioner or Borough Engineer
of the completion of the work ordered, the Borough Secretary shall
bill the property owners in the quantities and amounts so certified,
by registered mail, upon a form prescribed by the Borough Council.
B.
Upon failure to pay such bill within 60 days after the date thereof,
the Borough Solicitor shall place a municipal lien upon said property.
Any property owner may appeal any action of the Highway Commissioner
or Borough Engineer to the Borough Council, provided that such appeal
is received in writing within the time prescribed in § 130-15
of this chapter.
The Highway Commissioner shall be authorized to make necessary
emergency repairs costing not more than $25 upon 48 hours' notice
when the public safety or health is endangered. Such repairs shall
be assessed as stated in § 130-16.
No curb, highway, street or footwalk shall be altered, repaired
or constructed without a permit for the same, issued by the Highway
Commissioner upon a form prescribed by the Borough Council. Such permits
shall be numbered consecutively and a record thereof submitted to
the Borough Auditors. All moneys so received shall be remitted to
the Borough Treasurer on or before the stated meeting after they are
received. Such permits shall be in triplicate: the original shall
be given to the applicant, the duplicate to the Chief of Police and
the triplicate retained permanently in the receipt book.
[Amended 12-19-1949 by Ord. No. 200, approved 12-19-1949]
The Borough Engineer shall furnish all lines and grades for
any repairs, alterations or construction of any curb, roadway, gutter
or footwalk, where such lines and grades are deemed necessary by the
Highway Commissioner to establish uniformity with adjacent lines and
grades. When such lines and grades are deemed necessary by the Highway
Commissioner, no repairs or alterations shall be undertaken until
such time as the lines and grades have been established by the Borough
Engineer. In the event of any work contemplated upon any street or
highway not now improved, the Highway Commissioner, upon approval
by the Borough Council, shall authorize the Borough Engineer to establish
lines and grades which shall be subject to approval by the Borough
Council. Upon approval by the Borough Council of said lines and grades,
the Borough Engineer shall place such information upon the Borough
Plan.
No street or highway shall be opened for repairs of any description
without a permit for the same first being obtained from the Highway
Commissioner.
No permit shall be issued under this article without all prescribed
fees and costs first being received.
Any permit issued by the Highway Commissioner under the terms
hereof shall be valid for a period of 30 days from the date of issue.
If work is not commenced within 30 days and diligently pursued until
completion, such permit shall at the expiration of said 30 days become
null and void without any refund being made therefor. Thereafter,
a new permit shall be required in the event that it is desired to
proceed with the work contemplated in the voided permit.
The tunneling or undercutting of curbs, footwalks and roadways
is prohibited; this shall not be construed to prohibit the jacking
and driving of service pipes.
[Amended 8-12-2010 by Ord. No. 546]
A.
Any person who shall make an opening or excavation in any highway
in the Borough of Colwyn shall perform all such opening or excavation
work and the restoration work required hereunder in accordance with
the standards an provisions set forth in 67 Pa. Code § 459.8,
as amended. Likewise, any aboveground construction shall be in performed
accordance with 67 Pa. Code § 459.9. All references in the
foregoing Code sections to the "District Office, the Department of
Transportation" or similar references shall be deemed to be references
to the Borough of Colwyn.
B.
In addition to the foregoing work standards, the Borough Engineer
and/or Codes Department shall be entitled to promulgate rules and
regulations governing the opening, excavation, refilling, resurfacing
and repaving of highways in the Borough of Colwyn, and after the same
have been approved by the Council of the Borough of Colwyn and entered
upon the minutes of Council, any work to be done or performed by any
applicant or permitted governed by the terms of this article shall
be done in compliance with such rules and regulations. Copies of said
rules and regulations shall be furnished to any person making application
hereunder.
C.
If and to the extent that any person shall open or excavate any portion
of a highway in a manner which results in 20 linear feet or more of
such highway being excavated on one side of the highway only, then
such person shall be required to repave the highway the full length
of the excavation from the center line of the highway to the curb
on the side of the highway on which the excavation occurred; or in
a manner which results in 20 linear feet or more of highway being
excavated and such excavation occurs on both sides of the highway,
then such person shall be required to repave the highway the full
length of the excavation from curb to curb.
D.
Whenever excavations are less than six feet apart restorations must
include all trenches together in accordance with the regulations.
E.
Temporary restoration work must be completed no later than 24 hours
after completion of the work for which the digging or exaction was
performed. Permanent restoration work shall commence no earlier than
60 day after such underlying work is completed to allow for settling,
and permanent restoration work shall be completed no later than 90
days after such underlying work is completed, unless the Borough Engineer
shall consent to a longer period of time for completion of the permanent
restoration work. Each day that such restoration work in not completed
in compliance with these timing requirements shall be considered a
separate offense and violation of this article.
[Amended 12-19-1949 by Ord. No. 200, approved 12-19-1949]
A.
An applicant for a permit to open or excavate any highway or to repair,
alter or construct any curb, footway, driveway or driveway entrance
shall pay the following fees:
(1)
Repairs or replacement to footwalks or driveways involving 40 square
feet or less: no permit fee.
(2)
For new footwalks or driveways, repairs to or replacement of footwalks
or driveways involving more than 40 square feet but not more than
100 square feet, the permit fee shall be $2. For each additional 100
square feet or fraction thereof, the permit fee shall be $2.
(3)
Repairs to, resetting or replacement of curbs 10 linear feet or less:
no permit fee.
(4)
For new curbs, repairs to, resetting or replacement of curbs involving
more than 10 feet but not more than 25 linear feet, $2. For each additional
25 linear feet or fraction thereof, the permit fee shall be $2.
(5)
To open any improved roadway, footwalk, gutter or driveway involving
20 square feet or less, the permit fee shall be $50. For each additional
20 square feet or fraction thereof, the permit fee shall be $20.
[Amended 2-14-1991 by Ord. No. 459, approved 2-14-1991]
(6)
To open any unimproved or unpaved portion of the roadway involving
20 square feet or less, the permit fee shall be $2. For each additional
20 square feet or fraction thereof, the permit fee shall be $2.
(7)
To open unpaved areas on improved highways between the curb or gutter
and sidewalk or between the sidewalk and property line, the permit
fee shall be $2.
[Amended 3-16-1964 by Ord. No. 267, approved 3-16-1964]
B.
All highway or street-opening permits shall be in addition to the
fees charged for replacement or repairs to the improved portions or
areas of the highways or streets.
C.
All permit fees, other than roadways, shall apply to a single property
frontage only.
D.
In connection with the construction of new or alterations to existing
buildings, the Borough Council may require the execution of a suitable
bond by the owner and/or contractor, conditioned for the proper repair
or replacement by the owner and/or contractor of existing curbs, gutters,
driveways or footwalks that may be damaged along the highway or street
frontage of the property upon which the work is performed during the
course of said building construction.
[Amended 3-17-1969 by Ord. No. 303, approved 3-17-1969]
A.
Street openings shall be computed on the basis of the longest dimension
plus two feet and the widest dimension plus two feet; and there shall
be paid at the time of the application for permit the following sums
in addition to the above permit fees:
B.
The amount of the foregoing permit fees may be changed hereafter
at any time and from time to time by resolution of the Council of
the Borough of Colwyn.
[Added 12-19-1949 by Ord. No. 200, approved 12-19-1949]
The Borough Council may establish an annual salary or commission
fee or a combination of salary and commission fee for the services
of the Highway Commissioner.
A.
Any person, firm, association or corporation who shall remove, alter,
repair, construct or open any curb, footway, driveway or driveway
approach, highway or street or shall do or cause to be done any removal,
alteration, repair, construction or opening of any curb, footway,
driveway, driveway entrance, highway or street without first obtaining
the proper permits as required by this article or who shall fail to
comply with any of the requirements of the permit, part or parts of
this article or who shall fail to comply with the Standard Specifications
of Colwyn Borough or fail to comply with any regulation or requirements
of the Highway Commissioner shall be subject to a fine or penalty
of not more than $600 and costs of prosecution and, in default thereof,
to imprisonment in the Delaware County Prison for a term not exceeding
30 days for each offense, which fine or penalty shall be collected
before any District Justice as like fines and penalties are now collected
by law. For each 24 hours of the continuance of any such condition
or the failure to comply with any of the aforesaid requirements, a
separate violation of this article is hereby declared to exist.
[Amended 10-13-1983 by Ord. No. 426; 11-10-1988 by Ord. No. 447]
