[Ord. 619, 3/14/2001, § 1]
1.
APPLICANT
COUNCIL
HIGHWAY
PERSON
The following words when used in this Part shall have the meaning
ascribed to them in this section, except in those instances where
the context clearly indicates otherwise:
A person requesting a permit under this Part, and/or doing
work pursuant thereto.
The Borough Council of the Borough of Morton, Delaware County
Pennsylvania.
Any public street, avenue, road, square, alley, highway,
or other public place located in the Borough of Morton.
Any natural person, partnership, firm, association or corporation.
2.
As herein used the singular shall include the plural and the masculine
shall include the feminine and neuter.
[Ord. 619, 3/14/2001, § 2]
It shall be unlawful for any person to open or to make any excavation
of any kind in any highway of the Borough of Morton without having
first secured a permit to do so as hereinafter provided.
[Ord. 619, 3/14/2001, § 3]
1.
Any person desiring to make any opening or excavation in any highway
in the Borough of Morton shall make an application to the Building
Inspector of the Borough of Morton in writing prior to the commencement
of any work. The application shall be made upon forms to be furnished
by the Council and shall set forth:
A.
The name of the applicant.
B.
The exact location of the proposed opening or excavation.
C.
The approximate location of the proposed opening or excavation.
D.
The approximate size and depth thereof.
E.
Shall contain an agreement on the part of the applicant to do the
work in full compliance with the ordinances and rules and regulations
of the Borough of Morton and the laws of the Commonwealth in relation
thereto, now in force or hereafter to be adopted or promulgated.
F.
That the applicant shall well and truly save, defend and keep harmless
the Borough of Morton, its servants, agents and employees from, and
indemnify it and them against any and all actions, suits, demands,
payments, costs and charges for or by reason of injuries or damages
suffered or claimed to have been suffered by reason of the opening
or excavation or from any other matter, cause, or thing relating thereto.
[Ord. 619, 3/14/2001, § 4; as amended by Ord. 731,
2/11/2015]
The application shall be accompanied by a fee for the use of
the Borough of Morton in an amount as established from time to time
by resolution of Borough Council. This fee is to reimburse the Borough
for necessary costs of inspection.
[Ord. 619, 3/14/2001, § 5]
The applicant shall file with the application a bond with corporate
surety conditioned to save harmless the Borough of Morton, its servants,
agents and employees from any and all damages and claims for damages
to all persons accruing or alleged to accrue or to have accrued by
reason of the work. The bond and surety shall be approved by the Borough
Solicitor.
[Ord. 619, 3/14/2001, § 6]
The application shall be accompanied by a certificate of an
insurance company or companies authorized to do business in Pennsylvania
certifying that the applicant is covered by public liability insurance
providing minimum insurance of $100,000 for each person injured and
$250,000 for each accident and property damage in the minimum amount
of $50,000 for each accident.
[Ord. 619, 3/14/2001, § 7]
Excavations shall at all times be protected. Any person who
shall open any highway shall thoroughly and completely refill the
excavation, puddling or ramming with a mechanical rammer at each four
inches of replacement of material so as to prevent any settling thereafter;
and shall restore the same type of surface as that disturbed and any
question arising as to specifications for the mixture, type or depth
of replacement material shall be decided by the Borough Engineer,
unless expressly regulated herein, and his decision shall be final
and binding.
[Ord. 619, 3/14/2001, § 8]
The applicant shall return at any time and as many times as
necessary for a period of two years after completion of work and correct
any settlement in the excavation, and make all repairs needed as a
result of settlement.
[Ord. 619, 3/14/2001, § 9]
All of the work of restoration shall be done by the applicant
at the applicant's expense and shall be subject to the supervision
of the Building Inspector of the Borough of Morton and the approval
of the Borough Engineer.
[Ord. 619, 3/14/2001, § 10]
No opening or excavation in any highway shall extend from the
curb line of the highway a distance greater than one foot beyond the
center line of the highway before being backfilled and surfaced and
restored to a condition safe and convenient for travel.
[Ord. 619, 3/14/2001, § 11]
The work of excavation shall be so conducted as not to interfere
with water mains, sewers or their connections with laterals or any
sub-surface lines or constructions until permission of the proper
authorities in connection with such sub-surface line or constructions
shall have been previously obtained, and proof thereof filed with
the Borough Secretary.
[Ord. 619, 3/14/2001, § 12]
No tunneling shall be done wherein the hole shall be more than
three inches in diameter. The backfilling of a tunnel excavation shall
be made only in the presence of the Building Inspector or designee
of the Borough of Morton.
[Ord. 619, 3/14/2001, § 13]
All excavations shall be backfilled and surfaced promptly.
[Ord. 619, 3/14/2001, § 14]
During the making and while any excavation is open in any highway
every necessary and reasonable precaution shall be taken by the applicant
to keep the highway in a safe and passable condition both day and
night by guards, barriers, lanterns, or other devices and all excavation
permits and highway opening permits are granted under and subject
to the express condition that the person to whom the same is issued
shall comply fully with this chapter.
[Ord. 619, 3/14/2001, § 15]
The applicant shall notify the Building Inspector of the Borough
when the opening is ready for backfilling and shall not commence to
backfill until given his approval and he shall also be notified when
the restoration is completed.
[Ord. 619, 3/14/2001, § 16]
In the event that any work performed by the applicant shall
in the opinion of the Building Inspector of the Borough of Morton,
be unsatisfactory and after notice the applicant shall not correct
the same in accordance with the directions and within the time allowed
by him, or in the event that the work is not completed or not completed
within the time allowed, then the Borough of Morton may proceed to
correct any work not done and charge the cost thereof to the applicant
plus 20% as and for the overhead of the Borough of Morton, or call
upon the bondsman to do the said work.
[Ord. 619, 3/14/2001, § 17]
In the event of any leak, explosion or other emergency 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 Part are fully complied with.
[Ord. 619, 3/14/2001, § 18]
The applicant shall file, in addition to all other requisite
papers, at time application for permit is made, a bond to the Borough
of Morton conditioned to make the restoration in accordance with the
provisions of this Part and to make needed repairs for a period of
two years after completion of the work. The bond shall have corporate
surety and be approved by the Borough Solicitor, and be in the minimum
amount of $10,000 for each opening not exceeding 250 square feet in
area measured at the surface and an additional $10,000 for each additional
250 square feet or fraction thereof.
[Ord. 619, 3/14/2001, § 19]
The Borough Secretary shall give notice to all persons owning
property abutting on any highway within the Borough of Morton which
is about to be paved or improved and to all public utility companies
operating in the Borough of the contemplated improvement and all such
persons and utility companies shall make all water, gas, sewer, or
electric connections as well as any repairs thereto necessitating
highway openings, within 30 days from the giving of such notice. Thereafter,
new paving shall not be opened for a period of five years after the
completion thereof, except in case of emergency, the cause of which
emergency could not have been foreseen.
[Ord. 619, 3/14/2001, § 20]
No new water, oil, gas, main or electric line, telephone or
telegraph line shall hereafter be laid or constructed in any highway
and no existing water, oil, gas main or electric line, telephone or
telegraph lien shall be extended in any highway of the Borough this
Part until the exact location thereof and plan thereof shall have
first been approved by the Building Inspector or Borough Secretary.
[Ord. 619, 3/14/2001, § 21; as amended by Ord.
731, 2/11/2015]
Any person, firm or corporation who shall violate any provision
of this Part, upon conviction thereof, shall be sentenced to pay a
fine of not more than $1,000 plus costs and, in default of payment
of said fine and costs, to a term of imprisonment not to exceed 30
days. Each day that a violation of this Part continues shall constitute
a separate offense.
