[Ord. 2003-5, 6/16/2003, § 101]
1.
The following words, terms, and phrases, when used, shall have the
same meaning ascribed to them in this section, except where the context
clearly indicates a different meaning.
2.
The word "shall" is always mandatory and not merely directory.
3.
APPLICATION FOR A PAVE CUT PERMIT
BOROUGH/CITY
CAPITAL IMPROVEMENT
EMERGENCY REPAIR
FACILITIES
INSPECTION
MUNICIPAL CORPORATION
PAVE CUT LOG
PAVEMENTS
PERSON
PUBLIC UTILITY
SERVICE
SPECIAL PAVEMENT
STREET
UTILITY CORRIDOR
UTILITY RELOCATION
WORK
Whenever the words "directed," "required," "permitted," "ordered,"
"designated," "prescribed," or words of like import are used, it shall
be understood that the direction, requirement, permission, order,
designation, or the prescription of the Borough Engineer or Borough
Code Enforcement Officer is intended; and similarly, the words "approved,"
"acceptable," "satisfactory," or words of like import shall mean approved
by, acceptable, or satisfactory to the Borough Engineer or Code Enforcement
Officer.
A form provided to the utility by the Borough noting pertinent
data for the purposes of inspection and control by the Borough, and
constituting a receipt for services performed by the Borough.
The Borough of Forty Fort.
Preplanned improvement or upgrade of an existing system,
or to install a new system providing new or additional service.
Work necessitated by the rupture or sudden malfunction of
existing underground utilities.
All the plant and equipment of a public utility or a municipal
corporation including all tangible and intangible, real, and personal
property without limitations, and any and all means of instrumentalities
in any manner owned, operated, leased, licensed, controlled, furnished
or supplied for or by, or in connection with the business of any public
utility; provided, however, that no property owned by the Commonwealth
of Pennsylvania, or the Borough at the date this Part becomes effective
shall be subject to any of the terms of this Part, except as elsewhere
expressly provided herein.
A careful or critical investigation not necessarily confined
to optical observation but is understood to embrace tests and examination
for the purpose of ascertaining quality and compliance as prescribed
in this Part, and for discovering and correcting errors and deficiencies.
All cities, boroughs, towns, townships, or counties of this
commonwealth, and also any public corporation, authority, or body
whatsoever created or organized under any law of this commonwealth
for the purpose of rendering any service similar to that of a public.
The term "municipality" shall mean the Borough of Forty Fort.
A chronological record maintained by the Borough of pave
cuts reported to/performed in the Borough, containing pertinent data,
as required by the Borough, for the purpose of inspection and control
of pave cuts.
Riding surfaces of machine laid asphalt over a base of concrete,
brick, Belgian block, rock, crushed stone, bituminous concrete, oil
and stone or other subbase.
Individuals, partnerships or associations other than corporations
and includes their lessees, assignees, trustees, receivers, executors,
administrators, or other successors in interest.
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(1)
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Persons or corporations now or hereafter owning or operating
in this commonwealth equipment or facilities for:
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(a)
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Producing, generating, transmitting, distributing, or furnishing
natural or artificial gas, electricity, or steam for the production
of light, heat, or power to or for the public.
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(b)
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Diverting, developing, pumping, impounding, distributing, or
furnishing water to or for the public.
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(c)
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Transporting or conveying natural or artificial gas, crude oil,
gasoline, or petroleum products, by pipelines or conduits, to or for
the public.
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(d)
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Conveying or transmitting messages, communications, or data
by telephone, telegraph, wire, fiber optic cable, or any other electric/electronic
means, to or for the public.
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(2)
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The term "public utility" shall not include:
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(a)
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Any person or corporation, not otherwise a public utility, who
or which furnishes services only to himself/herself/itself.
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(b)
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Any bona fide cooperative association which furnishes services
only to its stockholders or members on a nonprofit basis.
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(c)
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Any producer of natural gas not engaged in distributing such
directly to the public for compensation.
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Is used in this Part in its broadest and most inclusive sense,
and includes any and all acts done, rendered, or performed, and any
and all things furnished or supplied, and any and all facilities used,
furnished, or supplied by public utilities, in the performance of
their duties under this Part to their patron, employees, or other
public utilities, and the public, as well as the interchange of facilities
between two or more of them.
Riding surfaces of concrete, brick, Belgian block, or cobblestone.
Includes any street, highway, road, land, court, alley, public
square, or place of whatever nature, whether dedicated or not, open
to the use of the public as a matter or right for purposes of vehicular
travel.
An area within any public right-of-way, usually underground
but not limited to same, reserved for and assigned to a specified
utility by the Borough. Also, the area to be used by the specified
utility for placing and operating its facilities for transmitting
and distributing its particular commodity or service.
Utility relocation includes, but is not limited to, the adjustment,
replacement, or relocation of utility facilities as required by street
construction or repaving projects, such as: removing and/or reinstalling
the facility, acquiring the necessary rights-of-ways, moving or rearranging
existing facilities, changing the type of facility, and any necessary
safety/protective measures. It also means the construction of a replacement
facility functionally equal to the existing facility, where necessary
for the continuous operation of the utility service, the project economy,
or sequence of street construction.
The furnishing of all equipment, labor, materials, accessories,
incidentals, bonds, and insurance, necessary or convenient to the
successful completion of the project and the fulfillment of all duties
and obligations imposed by this Part.
[Ord. 2003-5, 6/16/2003, § 102; as amended by Ord.
2004-4, 3/1/2004; and by Ord. 2009-8, 12/7/2009]
1.
Permit Procedure. A permit must first be obtained before any opening
can be made in any Borough right-of-way except for the cartway of
state owned and maintained highways.
2.
Normal Permit Procedure. Applications for a pave cut permit shall
be available from the Forty Fort Borough Code Enforcement Officer
or his agent at the Municipal Building, 1271 Wyoming Avenue, Forty
Fort, PA 18704. An authorized agent of the public utility/municipal
corporation or utility contractor can complete the application at
the Municipal Building. This shall be done a minimum 48 hours prior
to start of work. A sketch, on minimum 8 1/2-inch by eleven-inch
paper shall be submitted with the application. The sketch shall show
north directional arrow, two nearest addresses, the size of the pave
cut, and the location, measured from two permanent landmarks (utility
poles, curb, street corner). The sketch shall include the following
information: date, public utility/municipal corporation name, address,
phone number, name of contact person, reason for and description of
work, work schedule, contractor/subcontractor name, address, phone
number, and name of contact person. A copy of the completed application
signed by the Borough Code Enforcement Officer or his agent shall
be in the hands of a competent person at the work site described in
said application and shall constitute a permit. Separate permits shall
not be required for cutting streets, sidewalks and tree lawns; provided,
that all of the work is performed as a necessary part of one contiguous
cut. However each such cut shall be described with specificity in
the application and disclose the extent of the cut.
3.
Emergency Permit Procedure. In cases where an emergency repair, as defined in § 21-101, is found, the utility shall notify the Borough Code Enforcement Officer or his agent on or before the next business day after the emergency repair, and inform them that an emergency existed, the day, time, and location of the pave cut. The normal permit procedure must then be followed. Emergency pave cuts shall be recorded in the pave cut log the next business day following the emergency.
4.
Pennsylvania One Call. All public utilities/municipal corporations
and contractors shall utilize the Pennsylvania One Call system, in
accordance with that system's rules and regulations, prior to
cutting any pavement.
5.
Penalty for Failure to Obtain a Permit. Any work done without a permit
shall be subject to the penalty plus regular fees in accordance with
the fee schedule.
6.
Only contractors licensed in the Borough of Forty Fort can perform
any of the work described or required herein. At the discretion of
the Code Enforcement Officer, licensed contractors may be permitted
to make a pavement opening. The Code Enforcement Officer reserves
the right to deny a permit to any contractor who has a history of
not performing work in accordance with Borough ordinances. Sections
pertaining to utilities shall be applicable to all contractors.
7.
Insurance Protection and Bonding. The applicant shall protect, defend,
indemnify, and save harmless the Borough, its officers, employees,
and/or agents thereof front all claims, suits, actions, and proceedings
of every nature and description that may be thereof for, or on account
of any injuries or damages to persons or public or private property,
because of any materials or appliances used in the work, or by or
on account of improper materials or workmanship, or for or on account
of any accident of any other act, negligence or omissions of said
applicant, or his agents, servants, or employees, and the Borough
shall not in any way be liable therefore, during the progress of the
work, and the two-year warranty period following the completion of
the work. Minimum insurance shall be:
[Amended by Ord. 2017-1, 4/3/2017]
A.
Five millions dollars liability per individual with $1,000,000 minimum
for each occurrence for bodily injury.
B.
Five millions dollars liability for property damage.
C.
Evidence of insurance in the form of a certificate or letter executed
by a duly authorized representative of the applicant's insurance
carrier shall be submitted to the Borough each year by January 15.
Such evidence of insurance shall include the provision that the Borough
shall be given proper advance notice of at least 30 days of cancellation
or any material alteration in the applicant's policy. Each certificate
of insurance shall name the Borough of Forty Fort as additional insured.
Evidence of insurance shall be presented to the Borough in accordance
with the above prior to the start of any work. This requirement applies
to all utilities, contractors, subcontractors, and sub-tier subcontractors.
D.
All applicants shall be bonded and provide evidence of the existence
of such bond in the form of a copy of the bond itself to the Borough
at least three days prior to the commencement of work within the Borough.
All bonds required on work to be performed within Forty Fort Borough
shall be in an amount equivalent to the estimated costs of the project
itself.
8.
Safety Precautions. During the progress of the work the applicant
shall provide and maintain such barricades, warning signs and flag
persons as deemed necessary by the Borough to prevent accidents to
the public and/or adjoining tenants. Minimum precautions must include,
but are not limited to, advance warning signals on all approaches
to the work, safe crossing for pedestrians each 300 feet, and barricades
with flashers on each exposed side at fifty-foot intervals. At the
cessation of each day's work, adequate steel plates shall be
placed over all excavations greater than two inches in depth to ensure
full traffic flow. Excavations less than two inches in depth shall
have blinking warning lights, and any other PennDOT required safety
warnings. Excavations greater than one inch in depth shall have the
edges tapered to provide a smooth transition of vehicles. The maximum
length of any opening in any roadway shall be 200 feet, unless otherwise
approved in writing by the Code Enforcement Officer or his agent.
All precautions shall be in accordance with the "Manual of Uniform
Traffic Control Devices," latest edition, as adopted by the U.S. Dept.
of Transportation, Federal Highway Administration, Part IV, "Traffic
Controls for Street and Highway Construction and Maintenance Operations,"
latest edition, PennDOT requirements, and any other federal, state,
or local requirements.
9.
Road Closing. No street in the Borough may be completely closed to
traffic at one time. One lane of traffic must be able to pass unobstructed
at all times. Flagpersons must be posted at the limits of the work
at all times to direct traffic through the work area, and all established
traffic patterns must be maintained at all times. If all other means
of traffic control have been exhausted, the Borough may permit a road
to be closed temporarily, only with the consent of the Code Enforcement
Officer, Chief of Police, or the Fire Chief. When an emergency condition
requires the closing of a Borough road, the Code Enforcement Officer,
Police Chief and Fire Chief shall be notified. The completed application
bearing the signatures of one of the aforementioned officers shall
be returned to the applicant and shall constitute a permit. A penalty
shall be imposed for failure to notify the aforementioned officers
(see Fee Schedule).
10.
Time Periods. For small pave cuts, less than 25 square feet, temporary
(or permanent, if feasible) restoration shall be made within 48 consecutive
hours of the initial cut during the normal work week, excluding holidays
and weekends. Time extensions may be granted by the Borough provided
the applicant can substantiate reason for extension. Restoration work
on long or large pave cuts shall be continuous throughout the progression
of the work.
11.
Scheduling. All excavations shall be commenced and completed in the
shortest period of time by the use of a reasonable work force. In
congested areas, Wyoming Avenue, and the central business district
(bound by Wyoming Avenue from the Kingston border to the Municipal
Building, River Street, and Rutter Avenue), the Borough may limit
work to other than normal daytime working hours.
12.
Excavated Material. In peak traffic areas all excavated materials
shall be removed daily, at or before the cessation of work. All gutters
and drainage devices shall be kept clean of all debris and excavated
material. Excavated material shall not be allowed to enter the storm
sewer system. Fire hydrants adjacent to the work shall be readily
accessible to fire apparatus at all times, and no material or obstruction
shall be placed within 15 feet of any hydrant.
13.
Suitability of Materials. The suitability of material shall be as
determined by the Code Enforcement Officer or his agent. All material
not conforming to the requirements of this Part shall be rejected,
whether in place or not. Such material shall be promptly removed and
legally disposed of.
14.
Waste Material. Material which is unsuitable and any surplus of excavated
material shall be considered waste and shall be legally disposed of
by the utility or contractor beyond the limits of the Borough. In
no case shall waste material be left at the work site.
15.
Wet Material. Material containing moisture in excess of that percentage
required to obtain satisfactory compaction shall not be used as fill/backfill
material.
16.
Dry Material. Material containing insufficient moisture to obtain
satisfactory compaction shall be moistened prior to placement and
compaction.
17.
Opening of a Street. Power driven concrete pavement saws or air hammers
shall be used on all pave cuts. The cuts must be of sufficient depth
to provide a smooth edge. Openings in brick or Belgian block based
streets shall be of sufficient width to expose one-half row of undisturbed
interlocking stone. No pavement busters, such as drop hammers, hoe
rams, and the like, shall be used without the written permission of
the Borough.
18.
Location of Shut-Off Valves. Shut-off valves for water and gas mains
and branches may be installed within the limits of the street right-of-way
lines. All shut-off valves on service lines and other pipes shall
be installed outside the highway cartway lines.
19.
Responsibility for Damages. In the event a cut is made, and upon
inspection, damage to another utility's underground facilities
is discovered, it shall be the responsibility of the party making
the cut to contact the municipality, and all pertinent/related utilities
to instruct them to have representatives inspect the condition before
any backfilling takes place.
[Ord. 2003-5, 6/16/2003, § 103; as amended by Ord.
2004-4, 3/1/2004; and by Ord. 2009-8, 12/7/2009]
1.
The Borough of Forty Fort Council provides this Part for the laying,
renewing, replacing, or repairing of all gas, water, steam, communication,
data, electric, or any other pipes or conduits, in any street, before
the paving, repaving, or repairing of the same, and for making the
necessary house connections with said pipes or conduits, and also
for the necessary house connections and branches with and leading
into main or lateral sewers; provided, that in no case, except as
a sanitary measure of which the Borough shall be the judge, shall
the Council require such house connections to be extended further
from the sewers, or from such gas, water, electric, or other pipes
or conduits, than to the inner line of the curb or curbstone of such
street. The Borough may, after notice to all companies, corporations,
persons, and owners affected, and in default of compliance therewith,
cause said pipes or conduits to be laid, renewed, replaced, or repaired,
and said connections made, and collect the cost of paving, restoration,
and repairing/installing all pipes, conduits, and connections, from
the companies, corporations, or persons owning or operating the said
gas, water, communication, electric, and any other pipes or conduits,
with administrative fees and interest. The sewer connection fees shall
be a first lien against the property for which the connections were
made.
A.
Restoration. Prior to the placement of the base course, the existing
base and surface must be exposed 12 inches on each side of any failures
that developed, or each side of an excavation. All edges of pave cuts
shall be painted with bituminous sealant, in accordance with PennDOT
requirements, prior to restoration. Restoration of flexible pavement
base shall consist of six inches of compacted PennDOT 2A aggregate
and four inches of compacted Bituminous Concrete Base Course. The
ID-2 wearing course shall be placed to a minimum depth of two inches
and rolled to conform to the original pitch and crown of the road
surface, and the edges sealed. Surface treatments such as sand or
chip seals are prohibited. On long cuts (longer than 10 feet), surface
finishing must be rolled with not less than a six-ton roller. Small
cuts (less than eight square feet) may be finished with a mechanical
tamper. Refer to the bituminous trench repair detail at the end of
this Part.
B.
Restoration-Special. The permanent restoration of special type pavements,
such as concrete, brick, Belgian block, cobblestone, gutters, or tiles,
shall consist of relaying the original wearing course in accordance
with the original specifications in such a manner to prevent settlement,
other deterioration, and/or standing water.
C.
Testing and Inspection. The Code Enforcement Officer or his agent
shall inspect all pave cuts during the course of the work. An inspection
fee shall be charged for the inspections. Such inspection fees, approval,
or acceptance does not relieve the utility or applicant of any responsibility
under any Part throughout the guarantee period. Inspection of small
cuts (less than eight square feet), at the discretion of the Code
Enforcement Officer, may not require visual inspection as the work
progresses, but may be approved or rejected based on subsequent inspection/examination/or
testing.
D.
Repaving and Reconstruction. Upon notification from the Borough of
a planned street resurfacing or reconstruction, all public utilities/municipal
corporations shall be required to test their lines and services, and
to schedule capital improvements and service connections to be performed
prior to the resurfacing or reconstruction. Thereafter, cuts will
be permitted in the new pavement only in an emergency. Unauthorized
pave cuts made in new pavement shall be subject to a penalty (see
Fee Schedule) and inspection of backfill operations and restoration.
Essential services for new building construction shall not include
the addition of an alternate or secondary source of fuel, water, heat,
or other service not included in the original construction or regarded
as essential to the original construction. Pavement shall be considered
new for a period of six years, from date of final acceptance of the
pavement by the Borough.
E.
Limestone and Monuments. No limestone or monument in the Borough
may be removed, relocated, or buried at any time. When pave cuts or
road construction requires the temporary removal of a limestone or
monument, it must first be approved at the site, and reset at the
direction of the Borough Engineer. All costs incidental thereto, including
surveys, shall be paid by or charged to the utility company. A penalty
shall be charged to the utility for failure to report the removal,
relocation, or alteration of a limestone or monument. Burial or paving
over a limestone or monument shall carry a penalty for each stone
or monument covered. In addition to the penalty, all costs plus processing
fees incidental to exposing and/or resetting a limestone or monument
shall be charged to the utility company.
F.
Test Borings. All test holes and borings shall require restoration.
Restoration of bore holes shall follow immediately after testing with
the application of asphalt or other water resistant plugs. A penalty
will be charged for each test hole found unplugged. (See Fee Schedule).
G.
Replacement of Pavement Markings. The public utility/municipal corporation
and/or its contractor must replace in kind all pavement markings damaged
or removed by pave cuts and any work incidental thereto. All markings
must be replaced within five business days after permanent restoration,
or the Borough can contract to have the markings replaced and bill
the public utility/municipal corporation for actual cost plus administrative
expenses.
H.
Pave Cut Color Codes. Public utilities/municipal corporations and/or
their contractors shall mark their respective pave cuts in accordance
with the Pennsylvania One-Call standards.
I.
Backfilling. The Code Enforcement Officer or his agent must be notified in advance of all backfilling. Backfilling shall be done in such a manner to obtain proper compaction throughout the entire backfilled area. Backfill materials shall be provided in accordance with the bituminous trench repair detail included in this Part. The method of backfill shall be consistent with good engineering practices and with PennDOT requirements. The Code Enforcement Officer, or his agent, and the Public Works Department Director, or his agent, shall be notified in advance of backfilling in order for an inspection to occur. Any work covered without inspection shall be subject to reopening and will be deemed a violation subject to the penalties set forth in § 21-106.
[Amended by Ord. 2017-1, 4/3/2017]
J.
Temporary Restoration. All restoration made with cold patch or any
material other than hot asphalt shall be considered temporary. The
applicant is responsible for all costs of making and maintaining temporary
restorations at disturbed areas. Temporary restoration consists of
a minimum of three inches of bituminous material or 4,000 psi concrete,
and must be maintained until permanent restoration is made, at which
time the temporary materials must be removed.
K.
Permanent Restoration. Only public utilities/municipal corporations
or their contractors shall be permitted to make permanent restoration
of openings in pavement. The restored pavements shall be warranted
from failure until the street is repaved. Permanent restoration must
be completed within 30 days of the initial pave cut. Any cuts made
during the months of November through March shall be permanently restored
within 30 days after hot asphalt becomes available. Any failure of
restoration will be reported to the appropriate public utility/municipal
corporation; repairs by the public utility/municipal corporation shall
commence within 48 business hours after notification. Upon failure
of the public utility/municipal corporation to repair the pave cut
in a timely or satisfactory manner, the Borough shall have the option
to complete the work, and bill the utility for the cost plus administrative
expenses. The responsibility for maintaining the restored pave cuts
shall remain with the public utility/municipal corporation.
L.
Replacement of Electronic Traffic Control Devices and Ancillary Equipment.
Electronic traffic control devices and ancillary equipment damaged
or removed because of pavement excavations or associated work must
be replaced by the public utility/municipal corporation or its contractor,
in kind, in whole or in part as required by the Borough. If replacement
is not completed in a timely manner satisfactory to the Borough, the
Borough shall have the option to complete the replacement, and bill
the public utility/municipal corporation for the cost of the replacement.
M.
Horizontal and Aerial Utility Corridors. Aerial installations of
electric power transmission lines and telecommunications and data
lines suspended from supporting poles having their base and/or support
wires within the right-of-way and interfering with a roadway construction,
reconstruction, or repair project shall be relocated upon written
order from the Borough to a location specified therein. The Borough
may require the utility to place its aerial facilities underground
where it is deemed necessary or desirable. Hereafter, aerial installations
shall be placed subject to approval by the Borough. The Borough Engineer
shall assign horizontal corridors on a case-by-case basis for all
new construction. All gate boxes, shutoff valves, and other regulating
devices underground for gas, water, steam, electric, telecommunication,
data, or other lines shall be located inside the inner line of the
curb or curbstone, or, where no curbing exists, to a point specified
by the Borough Engineer or the Code Enforcement Officer.
N.
Commencement of Utility Relocation Activities.
(1)
Upon receipt of written notification from the municipality requesting/or
authorizing the start of physical work, the public utility/municipal
corporation shall commence work within 30 days to clear the construction
area, unless otherwise stated by the Borough with reasonable cause
shown. The utility shall perform the relocation in accordance with
the approved plan of the Borough or Borough Engineer.
(2)
Utility relocation shall be accomplished by the public utility/municipal
corporation in a timely manner to ensure its completion prior to the
commencement of roadway construction/reconstruction. Areas of utility
relocation of work that cannot be accomplished prior to the start
of construction, but can be accomplished simultaneously without restricting
or interfering with the roadway construction, may be done concurrently
with the roadway construction project when approved by the Borough
or Borough Engineer.
(3)
It is acknowledged that field conditions occasionally necessitate
revision of the utility relocation plan. It shall be the responsibility
of the public utility/municipal corporation to report and justify,
and to correct any data on file with the municipality or Borough Engineer.
The utilities are required to obtain the Borough's or Borough
Engineer's concurrence prior to implementing such revisions within
the right-of-way of the project under construction. Minor modifications
to the plan, not requiring design or location changes, may be made
without prior approval of the Borough or Borough Engineer. All such
changes shall be brought to the attention of the Borough and Borough
Engineer.
[Ord. 2003-5, 6/16/2003, § 104]
1.
Delegation of Authority. The Borough Council by this Part establishes
that the responsibility and authority for administration and enforcement
of the Parts shall be with the Borough Code Enforcement Officer or
his agent, and/or as otherwise designated by the Borough Council.
2.
Inspectors/Reviewers. The Borough Code Enforcement Officer or Borough
may appoint persons as their representatives to enforce this Part.
These agents shall have the authority and responsibility for the enforcement
of this Part as vested in the Borough Engineer.
3.
Noncompliance. When work performed by a public utility/municipal
corporation or contractor under this Part is found in violation of
same, the contractor or public utility/municipal corporation may be
given the opportunity to make corrections as required by the Borough.
If the corrections are not completed in the specified time or not
completed as specified, the municipality may suspend all work whether
completed or in progress for noncompliance with this Part, and take
appropriate precautions to safeguard the interests and well being
of the Borough. All work performed or contracted for by the Borough
to attain compliance in this regard shall be billed to the public
utility/municipal corporation or contractor, plus administrative expenses.
In addition, a penalty for noncompliance shall be imposed.
4.
Resumption of Suspended Work. The public utility/municipal corporation
or contractor shall actively resume work upon notice from the Borough
after a suspension.
5.
Penalty for Noncompliance. If the public utility/municipal corporation
or contractor fails to make corrections satisfactory to the Borough
to work found in noncompliance with this Part in the time specified,
a penalty shall be imposed.
6.
Nonissuance. The Borough reserves the right to bar any contractor,
subcontractor, or lower-tier subcontractor from working within the
Borough limits whose work is found in noncompliance with this Part.
The Borough reserves the right to refuse issuance of a permit to any
applicant who fails (or has previously failed or delayed) to maintain
pave cuts in accordance with this Part, or who fails (or has previously
failed or delayed) to pay sums due to the Borough within 30 days from
the date of billing. The Borough reserves the right to refuse issuance
of a permit to cut or open new pavement.
7.
Pertaining to Contractors. At the discretion of the Borough, contractors
licensed in the Borough, other than those under contract to a utility,
may be permitted to make an opening, cut, or excavation in the Borough's
streets. All parts pertaining to utilities shall also be applicable
to contractors.
[Ord. 2003-5, 6/16/2003, § 105]
The costs of filing such application and permit to be issued
thereon, and the cost of inspection/review deemed necessary by the
Borough Council, shall be in accordance with a fee schedule set by
resolution of Council.
[Ord. 2003-5, 6/16/2003, § 106; as amended by Ord.
2009-8, 12/7/2009]
1.
Acknowledgment of Guilt. Any person charged with violating any provision
of this Part may sign an acknowledgment of the offense committed,
either before or after the beginning of a suit, and pay to any duly
authorized agent of the Borough, the maximum penalties provided by
the fee schedule, together with costs and processing fees accruing
to that date. Such person shall receive a printed receipt therefore,
which shall bear the imprint of the seal of the municipality, and
the signature of a Borough employee authorized to sign for same, which
shall be evidence of full satisfaction of the offense committed.
2.
Penalties. Any person, firm or corporation who shall violate any
provision of this Part, upon conviction thereof, shall be sentenced
to 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 or each section
of this Part which shall be found to have been violated shall constitute
a separate offense.
3.
Civil Action. In addition to the foregoing, the Borough may pursue
other and additional remedies as may be authorized.
[Ord. 1997-1, 2/3/1997, § 51-1]
This Part shall hereafter be referred to as the "Snow and Ice
Ordinance."
[Ord. 1997-1, 2/3/1997, § 51-2]
1.
It shall be the duty of the owner, tenant or occupant of any lot
or land or real estate in the Borough of Forty Fort to clear the entire
width of the sidewalks contiguous thereto of all snow or ice within
24 hours after the cessation of any storm or fall of snow.
2.
Corner properties shall be required to clear any and all crosswalks,
the entire width to the curbline or edge of bituminous pavement.
[Ord. 1997-1, 2/3/1997, § 51-3]
If any sidewalk contiguous to any lot, land or real estate within
the Borough of Forty Fort is not cleared by the owner, tenant or occupant
as directed in the previous section, the Borough may cause said sidewalk
to be cleared forthwith and to immediately report the cost and expense,
plus an additional amount of 10%, thereof to the Borough Council,
and said charge shall be collected against the owner, tenant or occupant
in addition to any fines or penalties as other charges and assessments
are by law collectible.
[Ord. 1997-1, 2/3/1997, § 51-4.1; as amended by
Ord. 2009-8, 12/7/2009]
It shall be unlawful for any person, persons, firm, corporation,
or entity owning or occupying any property abutting or bordering upon
any street or highway in this Borough, to deposit, throw or shovel
or to cause, allow or permit any person or persons to deposit, throw
or shovel any snow or ice in and upon any such street or highway,
or on or immediately next to a fire hydrant.
[Ord. 1997-1, 2/3/1997, § 51-4.2]
It shall be unlawful for any persons to throw or allow or permit
any person to deposit snow on tree lawns, where areas are available
in the abutting front yard area. Persons shall deposit snow from sidewalks
onto this front yard area until snow cannot physically be deposited
without falling back into the sidewalk area.
[Ord. 1997-1, 2/3/1997, § 51-4.3]
It shall be unlawful to operate or allow persons to operate
licensed motor vehicles on sidewalks except those areas designated
as driveway aprons. Driveway aprons are those areas between driveways
and roadways which provide both pedestrian traffic along sidewalks
and vehicular traffic to designated driveways.
[Ord. 1997-1, 2/3/1997, § 51-4.4]
Where streets have no tree lawns or are less than two feet wide
(from the sidewalk to the curb), residents will be allowed to pile
snow along curbline, when front yard areas are full. Borough workers
will remove such snow when amounts become excessive.
[Ord. 1997-1, 2/3/1997, § 51-5.1]
The owner of a vehicle (or any other obstruction) or entity
in whose name it is registered shall not allow, or permit such vehicle
to stand or park in any street, way, highway or parkway under the
control of the Borough, in such manner as to interfere with the work
of removing or plowing snow or removing ice.
[Ord. 1997-1, 2/3/1997, § 51-5.2]
1.
After a snowfall of three inches or more, (as measured by Foreman
of the Department of Public Works or his designee) parking shall be
restricted as hereinafter specified:
A.
It will be unlawful for any person to park a motor vehicle, as defined
under the Vehicle Code of the Commonwealth of Pennsylvania, 75 Pa.C.S.A.
§ 101 et seq., or any other trailer, dumpster or obstruction,
contrary to the regulations hereinafter specified. Immediately upon
a deposit of three inches of snow, parking shall be restricted as
follows:
B.
Parking will only be allowed on even (house numbers) sides on even
numbered calendar days and odd (house numbers) sides on odd numbered
calendar days.
C.
Vehicles and obstructions shall be removed from the opposite sides
which will be designated as "No Parking Zones" for the purpose of
cleaning snow. Vehicles not removed on designated days for snow removal
as stated above will be ticketed and towed at the owner's expense.
D.
Where parking is usually restricted on one side of the street, said
parking restriction shall be lifted to comply with this Part.
[Ord. 1997-1, 2/3/1997, § 51-6.1]
1.
In order to facilitate the movement of traffic and to combat the
hazards of excessive snow and ice on the streets and highways in the
Borough, the Mayor (or in his/her absence, the President of Council)
in his/her discretion, may declare an emergency due to such hazards.
2.
After any such emergency shall have been declared, it shall be unlawful
during the period of such emergency for any person to operate any
type of a motor vehicle on any such street or highway within the Borough
unless such vehicle shall be equipped with equipment to provide sufficient
traction to keep such vehicle in motion so that other traffic on such
highways will not be blocked or seriously impeded.
[Ord. 1997-1, 2/3/1997, § 51-6.2]
1.
After any such emergency shall have been declared, it shall be unlawful
during the period of such emergency for any person to park any type
of motor vehicle or to allow the same to remain parked on the following
streets between the hours of 9:00 p.m. and 6:00 a.m.:
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Wyoming Avenue (SR 0011)
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Welles Street
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River Street (Rutter to Wyoming Avenue)
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Rutter Ave (River to Welles)
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Slocum Street
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Shoemaker Street
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Dennison Street
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Murray Street (Slocum to Dennison)
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2.
The Mayor or the Chief of Police, shall also, through radio, newspaper
or other available media, disseminate information as to the existence
of such emergency.
[Ord. 1997-1, 2/3/1997, § 51-7]
Any person, firm or corporation who shall violate any provision
of this Part, upon conviction thereof, shall be sentenced to a fine
of not less than $25 nor 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. The minimum fine for the second offense shall be not
less than $50 plus costs. Third and subsequent penalties shall be
a minimum of $150 plus costs. Each day that a violation of this Part
continues or each section of this Part which shall be found to have
been violated shall constitute a separate offense.
