[Adopted 4-1-1929 by Ord.
No. 280, approved 4-2-1929]
As used in this article, the following terms shall have the
meanings indicated:
Any public street, road or bridge, including the roadway,
gutter, curb, sidewalk and the whole legal width of the street, road
or bridge.
Any individual, partnership, association or corporation.
It shall be unlawful for any person to open or break any roadway,
gutter, curb, sidewalk or any other portion of the surface of any
highway by digging or otherwise; to dig a tunnel under the surface
of any highway; to lay, construct or build any driveway, sidewalk,
curb or gutter, fence, wall, pipe, culvert or any other structure
in, upon, across, beneath or into any highway, unless and until a
permit to do so shall have first been obtained as herein provided.
A.
Application for a permit shall be made on the form prepared by the
Highway Committee of the Borough of Darby and shall be signed by a
responsible applicant. Application by a public service corporation
for a permit for laying a water or gas main or main conduit for electrical
wires shall be signed by a duly authorized officer or employee of
the public service corporation.
B.
The applicant shall state:
(1)
The place where the work is to be done or the portion of the highway
to be occupied.
(2)
The purpose for which the work is to be done or the purpose for which
the highway is to be occupied.
(3)
The name of the owner or owners of the abutting property, with the
statement that the consent of the owner or owners has been obtained,
provided that this shall not be required in the case of an application
by a public service corporation for a permit for laying a water or
gas main or main conduit for electrical wires, as this article is
not intended in any way to affect the respective rights and liabilities
of such abutting properties.
(4)
Such other information as the Highway Committee or the Borough Manager
may require.
[Amended 3-5-1975 by Ord.
No. 557, approved 3-5-1975]
At the time of filing the application, the person filing the
same shall pay a fee to the Borough Secretary for the use of the Borough
as follows:
A.
For opening or breaking any streets or highways for the purpose of
laying, removing, repairing or maintaining any water or gas mains
or pipes, conduits for electrical or telephone wires or any other
pipe, conduit or culvert for any reason, the sum of $10 for each 100
feet or fraction thereof.
B.
For opening or breaking any sidewalk, including curbs, for the purpose
of laying, removing, repairing or maintaining any water or gas mains
or pipes, conduits for electrical or telephone wires or any other
pipe, conduit or culvert for any reason, $5 for the first square yard
or part thereof and $5 for each additional 20 square yards or fraction
thereof.
Permits shall be issued by the Secretary or the Borough Manager
and shall be valid only for 30 days from the date of issuance. Permits
may be renewed by the Secretary or Borough Manager for an additional
30 days upon the payment of an additional sum of $0.50.
The filing of an application and the issuance of a permit shall
constitute an agreement on the part of the person making the application
to comply with all the terms of this article and with all the rules,
regulations and requirements of the Highway Committee now in force
or hereafter adopted and to indemnify and save harmless the Borough
from and 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 application and permit.
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 fences or other protection as may be
required by the Highway Committee or by the Borough Manager.
[Amended 11-16-2011 by Ord. No. 755, approved 11-16-2011]
A.
Highways.
(1)
Any person who shall make an opening or excavation in any highway
in the Borough of Darby 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," "Department of Transportation"
or similar references shall be deemed to be references to the Borough
of Darby.
(2)
In addition to the foregoing work standards, the Borough Engineer
and/or Code Department shall be entitled to promulgate rules and regulations
governing the opening, excavation, refilling, resurfacing and repaving
of highways in the Borough of Darby, and after the same have been
approved by the Council of the Borough of Darby 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.
(3)
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.
(4)
Whenever excavations are less than six feet apart, restorations must
include all trenches together in accordance with the regulations.
(5)
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
days 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.
B.
Sidewalks, curb and gutters. Any persons who shall make an opening,
break or excavation of any sidewalk, curb or gutter shall replace
those in the same condition they were in before any such opening,
break or excavation.
In all openings and breaks in water-bound macadamized roads,
the finished surface shall be brought flush with the surface of the
road by applying and consolidating eight inches of one-and-one-half-inch
traprock stone. If any depression occurs at any time after the completion
of the work, the person to whom the permit has been issued shall,
upon notice, break the surface and supply additional stone to bring
it flush with the adjoining surface of the road.
[Amended 6-5-1962 by Ord.
No. 439, approved 6-9-1962]
In the case of roadway surfaces of cement concrete, bituminous concrete or bituminous macadam or similar materials, all openings and breaks shall be filled in and finished as required by § 125-18 above, and there shall be paid by the person applying for the permit as aforesaid, in addition to the sum as set forth in § 125-14 above, a sum equal to $15 for each square yard or major fraction thereof of roadway surface which shall be open or broken; provided, however, that the Plumbing Inspector shall inspect the work done prior to the filling in as required by § 125-18 and shall measure the amount of the open or broken parts of the roadway and shall advise the permit holder of any additional sums due to the Borough under this section and shall stop all work until the additional sum, if any, is paid to the Borough Secretary and noted on the permit; and provided further that this section shall not apply to any public utility doing business in this commonwealth under the control or supervision of the Public Utility Commission.
The filing of an application by a public service corporation
and the issuance of a permit for the laying of water or gas pipe or
conduit for electrical wires shall constitute an agreement on the
part of the applicant that it will at any time thereafter, upon notice
from the Highway Committee or the Borough Manager, at its own expense,
make such change in the location or construction of such pipe or conduit
as may be required.
The issuance of a permit as authorized by this article shall
not give a permanent right to any person to maintain such driveway,
sidewalk, curb, gutter, pipe, culvert or other structure in or on
the highway, but the driveway, sidewalk, curb, gutter, pipe, culvert
or other structure in or on the highway may be removed at any time
by the Highway Committee.
[Amended 3-5-1975 by Ord.
No. 557, approved 3-5-1975]
Any person who shall violate any provisions of this article
shall, upon conviction thereof, be punishable by a fine of not more
than $300 and costs of such proceedings or, upon default of payment
of such fines and costs, by imprisonment in the county jail for a
term of not more than 30 days. The continuation of such violation
for each successive day shall constitute a separate offense, and the
person or persons allowing or permitting the continuation of the violation
may be punished as provided above for each separate offense.
