[Adopted 4-14-1970 by Ord. No. 730; readopted 10-8-1991 by Ord. No. 873 as Ch. 99, Art. I, of the 1991 Code]
It is unlawful to open or to make any excavation of any kind in any street or sidewalk in the Borough except in and upon those portions thereof established for the use of vehicles or pedestrians.
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.
No more than 500 feet longitudinally shall be opened in any street at any one time.
In the event that any work performed by or for a permit holder shall, in the opinion of the Borough Street Foreman, be unsatisfactory and the same shall not be corrected in accordance with his instructions within the 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 Street Foreman, the Borough may proceed to correct such unsatisfactory work or complete any such work not completed and charge the cost thereof, plus 20%, 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 such condition before securing a permit, provided that application for a permit shall be made immediately and not later than the next business day thereafter, 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 Borough Street Foreman, after such notice as he shall deem 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, plus 20%, to such owner or person.
No new water or gas main shall hereafter be laid or constructed and no existing water or gas main shall be extended in any of the streets of the Borough until the exact location thereto and the plan therefor shall have been first approved by the Council.
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.
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 or tamping so as to prevent any settling thereafter, and shall restore the surface to the same condition as it was before the opening or excavation, using the same type of material as that removed, and such restoration shall be in accordance with the specifications of the Department of Highways 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. If within two years after the restoration of the surface as 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.
All other 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 supervision of the Street Foreman, provided that the Street Foreman may require that cutting of the surface of improved streets and the backfilling of all excavations therein shall be done by the Borough, and the charge therefor shall be paid by the applicant on the basis of actual cost of work.
It is unlawful to open or to make any excavation of any kind in any of the streets or sidewalks in the Borough without first securing a permit therefor, as hereinafter provided.
Any person who shall desire to make any opening or excavation in any of the streets or walkways in the Borough shall make application to the Street Foreman in writing for the purpose. Such application shall be made in triplicate upon forms to be furnished by the Street Foreman 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 keep harmless the Borough from and indemnify it against any and all actions, suits, demands, payments, costs and charges for or by reason of the proposed opening or excavation, and all damages to person 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.
[Amended 11-10-1992 by Ord. No. 880; 5-9-1996 by Ord. No. 908; 12-12-2002 by Ord. No. 948]
After securing a permit from the Code Enforcement Officer, the applicant shall present the permit to the Borough Secretary and pay a fee in an amount as set from time to time by resolution of the Borough Council.
The work of excavation shall be so conducted as not to interfere with the water mains, sewers or their connection with the houses, or any other subsurface lines or constructions, until permission of the proper authorities in connection with such subsurface lines or construction shall have been obtained.
No tunneling shall be allowed without the express approval of the Street Foreman and permission therefor endorsed upon the permit. The backfilling of a tunnel excavation shall be made only in the presence of the Street Foreman or an inspector designated by him and shall be done only in a method approved by him.
All openings or excavations shall be backfilled promptly with suitable materials and thoroughly compacted in layers, each of which shall not exceed six inches in depth. On improved streets, the backfilling shall be placed to within 10 inches of the surface.
The applicant shall notify the Borough Street Foreman when the opening or excavation is ready for the backfilling before any backfilling is done and when the work is completed by proper backfilling in the case of unimproved streets and by temporary paving in the case of improved streets.
On improved streets, a temporary paving of suitable stony materials, thoroughly bound and compacted, shall be installed flush with the surface of the adjoining paving.
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 street in a safe and passable condition, both day and night, by guards, 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 the said excavation or by any leak, explosion or other injury from any pipe, apparatus, conduit, or any other matter placed in the said excavation.