[Ord. 124, 12/13/1932, § 1]
HIGHWAY — shall mean any public street or road,
and shall include that roadway, gutter, curb, sidewalk and the whole
legal width of the street or roadway.
shall mean any individual, firm, copartnership or corporation.
[Ord. 124, 12/13/1932, § 2]
It shall be unlawful for any person to open or break any highway
by digging or otherwise to dig a tunnel under the surface of any highway
unless and until a permit to do so shall have first been obtained
as herein provided.
[Ord. 124, 12/13/1932, § 3]
Application for a permit shall be made to the Secretary of Council.
Application by a public service corporation for a permit for laying
a water or gas main, or a main conduit for electrical or telephone
wires or for the installation, removal or replacement of poles shall
be signed by a duly authorized employee or officer of the public service
corporation and shall state therein the place or places where the
work is to be done, the portion of the highway to be occupied, the
purpose for which the work is to be done or the highway to be occupied,
and such other information as may be desired by the committee of Council
having jurisdiction over the contemplated work.
[Ord. 124, 12/13/1932; § 4, as amended by Ord.
352, 11/9/1981; and by Ord. 391, 12/15/1986; and by Ord. 416, 4/22/1991]
At the time of making application, the person doing so shall
pay a fee to the Borough Secretary as shall be established from time
to time by resolution of Borough Council.
[Ord. 124, 12/13/1932, § 5]
It shall be the duty of the person to whom a permit has been
issued, to protect all openings, materials and obstructions of any
kind in a highway by red lanterns, which shall be kept lighted from
sunset to sunrise, and by such other devices as may be required by
the Borough. The issuance of a permit upon application shall constitute
an agreement on the part of the person applying for same to comply
with all the terms of this Part and the requirements of the Councilmanic
committee, which are now in force or may hereafter be adopted, and
to indemnify and save harmless the Borough of East Lansdowne against
all claims, demands and actions for damages either to person or property
that may be sustained by any person by reason of or arising out of
any work done under the permit.
[Ord. 124, 12/13/1932, § 6; as amended by Ord.
540, 2/8/2010]
1.
Any person who shall make an opening or excavation in any highway
in the Borough of East Lansdowne shall perform all such opening or
excavation work and the restoration work required hereunder in accordance
with the standards and provisions set forth in 67 Pa. Code § 459.8,
as amended. Likewise, any aboveground construction shall be performed
in 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 East Lansdowne.
2.
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 East Lansdowne; and after
the same have been approved by the Council of the Borough of East
Lansdowne 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 Part 1 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.
3.
If and to the extent that any person shall open or excavate any portion
of a highway in a manner which results in:
A.
Twenty 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
B.
Twenty 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.
4.
Whenever excavations are less than six feet apart, restorations must
include all trenches together in accordance with the regulations.
5.
Restoration work must be completed as soon as possible following
completion of the work for which the digging or exaction was performed;
and in all cases temporary restoration work shall be completed no
later than 24 hours after such underlying work is completed, and permanent
restoration work shall be completed no later than 90 days after such
underlying work is completed. 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 Part 1.
[Ord. 124, 12/13/1932, § 7; as amended by Ord.
291, 9/13/1971]
In all openings of highway surfaces of concrete, warrenite,
filbertine, amiesite, asphalt or tar mixture penetration or similar
materials, openings or breaks shall be filled and finished as required
by § 106 of this Part; and there shall be paid by the person
applying for the permit, in addition to the sum required in § 104,
a fee in such amount as Borough Council, by resolution approved by
the Mayor, shall from time to time determine to be the cost to the
Borough to restore the highway surface for each square yard or fraction
thereof opened.
[Ord. 124, 12/13/1932, § 8; as amended by Ord.
401, 7/11/1988; and by Ord. 416, 4/22/1991]
Any person, firm or corporation who shall violate any provision
of this Part shall, upon conviction thereof, be sentenced to pay a
fine of not more than $1,000 dollars plus costs, and in default of
said fine and costs, to a term of imprisonment not to exceed 30 days.
Every day that a violation of this Part continues shall constitute
a separate offense.
