[Adopted 10-9-1956 by Ord. No. 253 (Ch. 21, Part 1A, of the
1993 Code)]
As used in this article, the following terms shall have the
meanings indicated:
Individuals, associations, firms, partnership, and corporations.
Shall have the meaning ascribed to it in the Public Utility
Law of Pennsylvania.[1]
[1]
Editor's Note: See 66 Pa.C.S.A. § 101 et seq.
It shall be unlawful for any person to open or to make any excavation
of any kind in any portion of any street, lane or alley of the Borough
except state highways for any purpose whatever without first procuring
a permit from the Borough Secretary-Treasurer, or such other officer
as may be designated from time to time, an application for which permit
shall be in writing as hereinafter provided.
Any person who shall desire to make any opening or excavation in any of the streets, lanes or alleys of the Borough shall make written application to the Borough Secretary-Treasurer or authorized Borough representative for that 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 opening or excavation, 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 hold harmless the Borough from and indemnify it against any and all action, 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. Said application shall be signed by each and every person owning an interest in the adjoining property to which the excavation relates, or, in case of utility companies, by an authorized representative of the company concerned. The applicant shall be required to produce satisfactory evidence of public liability and property damage insurance in form and amounts satisfactory to the Borough Secretary-Treasurer or other authorized representative. In addition, it shall be required that the applicant either file a bond in the amount of $1,000 to secure payment of all costs, fees and expenses imposed by this article or deposit a sum equal to 200% of the estimated costs and expenses of the work involved. This requirement shall be in addition to that expressed in § 236-20. The amount deposited shall be refunded 90 days after satisfactory completion of the work.
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. Such restoration shall be subject to the
provisions in this article and otherwise shall be in accordance with
the specifications of the Department of Transportation 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, except that cold-mix bituminous material may
be substituted for hot-mix bituminous material if the latter material
cannot be obtained at the time. If within two years after the restoration
of the surface, as herein provided, defects shall appear therein as
a result of defective backfilling or resurfacing by the applicant,
the applicant shall be notified to repair the same. If satisfactory
repairs are not made within 15 days following notice, the Borough
shall proceed with the work and the applicant shall reimburse the
Borough for the cost of the same.
All 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 authorized representative of the Borough, provided that the authorized representative of the Borough may require that cutting of the surface of improved streets and backfilling of excavations therein shall be done of the Borough, and the charge therefor shall be paid by the applicant on the basis of actual cost by work plus 10%, except in cases where the applicant has filed a bond as provided in § 236-12 and is qualified to do the work.
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, except for good and sufficient cause and upon written
application the approval of which shall be in writing.
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 construction, until permission of
the proper authorities in connection with such subsurface lines or
construction shall have been obtained.
D.
No tunneling shall be allowed without the express approval of the
authorized representative of the Borough, except that companies operating
as public utilities shall be allowed to open tunnels not greater than
eight inches in diameter without prior approval. The work shall be
done in accordance with specifications of the Department of Transportation
of the Commonwealth of Pennsylvania and the right is reserved to supervise
and direct the work.
E.
All openings or excavations shall be backfilled promptly with suitable materials and thoroughly compacted layers, no layer exceeding six inches in depth. On improved streets, the backfilling shall be placed to the lower level of the subsurface of the paving. The pavement shall be restored to the same condition as before the opening or excavation as provided in § 236-13. Where weather or other conditions make the installation of permanent paving impracticable at the time, a temporary paving of suitable stony materials, thoroughly bound and compacted, shall be installed flush with the surface of the adjoining paving. In such cases, the time provided in the permit shall be extended without cost for such additional period as may be necessary pending permanent resurfacing. It shall be the obligation of the applicant to maintain the temporary surface in suitable condition for travel.
F.
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 unexcavated portion of the street
in a safe and passable condition, both day and night, by 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 said excavation, or by any leak, explosion
or other injury from any pipe, apparatus, conduit, or any other matter
placed in said excavation.
G.
The representative of the Borough issuing a permit for excavation
may endorse thereon that notice shall be given prior to backfilling,
and that notice shall be given as to any temporary paving considered
necessary by the applicant. In either event, the authorized representative
of the Borough shall supervise and direct the work.
H.
In the event that any work performed by or for a permit holder shall,
in the opinion of the authorized representative of the Borough, be
unsatisfactory and the same shall not be corrected after notice in
accordance with his instructions and within a reasonable 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 Borough, the Borough
may proceed to correct such unsatisfactory work or complete any such
work not completed, and charge the cost thereof to the applicant.
In the case of any leak, explosion or other accident in any
subsurface pipe line construction or apparatus, it shall be lawful
for the person owning or responsible for such pipe line construction
or apparatus to commence an excavation to remedy any condition before
securing a permit, provided that application for a permit shall be
made as soon as possible and not later than 72 hours after the occurrence
involved, 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 authorized representative of the Borough,
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 to such
owner or person.
The authorized representative of the Borough 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 companies
shall make all water, gas or sewer connections, as well as any repairs
thereto which would necessitate excavation of the street, within 30
days from the giving of such notice, unless such time is extended
in writing for cause shown. New paving shall not be opened for a period
of five years after the completion thereof, except in the case of
emergency, the existence of which emergency and the necessity for
the opening of such paving to be determined by the authorized representative
of the Borough. 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.
Utility companies required to make excavations in order to comply
with specific directives and regulations of the Public Utility Commission
shall be excepted from the provisions herein relating to the opening
or excavation of streets during a period of five years after paving
or resurfacing of the same.
No new water main, gas main or other facility shall hereafter
be lain or constructed and no existing water main, gas main or other
facility shall be extended in any of the streets of the Borough until
the exact location thereof and the plan therefor shall have been first
approved by the Borough Council. Upon application for approval, the
Borough shall supply to the applicant necessary detail as to grade
and width of the street involved.
Payment for all work done by the Borough under the provisions
hereof 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 11-5-1991 by Ord. No. 422]
Upon application for a permit, the applicant shall pay to the Borough Secretary-Treasurer
or other authorized representative a permit fee in an amount established
by resolution of 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
exceeding 10 feet in length, the amount payable shall be increased
an additional amount as established by resolution.
[Amended 11-5-1991 by Ord. No. 422]
Any person, whether as principal, agent, or employee, violating
or assisting in the violation of any of the provisions of this article
shall, upon conviction thereof before any Magisterial District Judge,
pay a fine of not less than $10 nor more than $300, and/or to imprisonment
for a term not to exceed 90 days. Every day that a violation of this
article continues shall constitute a separate offense.
