Borough of Montgomery, PA Excavations and Obstructions

The following words, when used in this article, shall have the meanings ascribed to them in this section, except in those instances where the context clearly indicates otherwise:

APPLICANT

Any person who makes application for a permit.

BOROUGH

The Borough of Montgomery.

BOROUGH STREET MAINTENANCE FUND

A fund established and regulated by the Borough, the moneys therein being explicitly designated for the resurfacing, repair and reconstruction of Borough streets. This fund shall be included as part of the General Fund.

CALENDAR YEAR

January 1 through December 31, inclusive.

CONCRETE

Soil cement, plain cement concrete or reinforced cement concrete and material contained in the base course of some Borough streets.

COST

Actual expenditures incurred by the Borough for labor, equipment and materials, which include all fringe benefits and overhead.

EMERGENCY

Any condition constituting a clear and present danger to life or property by reason of escaping gas, exposed wires or other breaks or defects in the user's line.

INSPECTION FEE

A fee paid by the permittee to the Borough to defray street excavation inspection costs.

PERMIT FEE

A fee paid by the permittee to the Borough to cover the costs of issuing, processing and filing the street excavation permit. The fee paid by the permittee to the Borough to defray a percentage of the costs for resurfacing and reconstruction of Borough streets resulting from depreciation of streets associated with street excavations.

PERMITTEE

Any person who has been issued a permit and has agreed to fulfill all the provisions of this article.

PERSON

Any natural person, partnership, firm, association, corporation, utility or municipal authority.

PUBLIC UTILITY

Any utility company, excluding corporate authorities of the Borough, franchised by the Public Utility Commission of the Commonwealth of Pennsylvania.

RESURFACE

A process which provides a new wearing surface in a certain paved street area between curbs with the same material that was existing prior to excavation.

SIDEWALK AREA

That portion of the street right-of-way reserved for sidewalks or that area defined on the Borough Plan.

STREET

The entire right-of-way of a public street, public highway, public alley, public avenue, public road or public easement within the Borough limits, excluding the designated curb and sidewalk area.

USER

The public utility, municipal corporation, municipal authority or other person who, or which, uses a line to provide service to one or more consumers.

WORK DAY

Normal business day for the Borough government including Monday through Friday, except designated holidays.

In this article, the singular shall include the plural, and the plural shall include the singular, and the masculine shall include the feminine and the neuter.

§ 397-15 Permit required and emergency excavations.

The excavation of the surface of any Borough street or right-of-way is prohibited unless a permit is obtained for that purpose in the manner hereinafter described, except in situations which require the placement of utility poles. Such permit shall be granted through the Zoning Office when the person applying for such permit files an application with the Zoning Office in compliance with the provisions of this section and pays into the Borough Treasury the amounts hereinafter stated.

Any person working in the vicinity of a Borough street who in any manner disturbs such street or who in any manner causes damage to a street shall be required by this section to obtain a permit and correct this damage in accordance with the standards of the Construction and Materials Specifications.

The requirement of obtaining a street excavation permit shall be waived when work to be performed is completed by the Borough's own personnel or a contractor of the Borough.

If street excavations are necessitated by emergencies, street excavation permits shall be obtained on the first regular business day on which the office of the Borough is open for business and such permit shall be retroactive to the date when the work was begun.

A person performing street excavations for an emergency shall verify the emergency nature of the circumstance in writing to the Zoning Office within three days after such emergency on the street excavation permit application.

All traffic in a work area shall be controlled in accordance with present Pennsylvania Department of Transportation requirements for control of work areas.

The permittee shall be responsible for notifying the Montgomery Borough Police Department of any street, alley, and/or road closings.

All construction and materials shall be completed and provided in accordance with the Borough's Construction and Materials Specifications, as last revised.

§ 397-16 Street excavations prior to reconstruction or resurfacing.

This section shall not forbid the installation of new pipes, conduits or other services or structures or the repair or replacement of those already existing, in or under the portions of such highways improved as aforesaid, by penetrating the subsurface beneath paving in accordance with Borough ordinances and the directions of the Zoning Office or the Pennsylvania Department of Transportation, upon obtaining a permit therefor from the Zoning Office, and upon payment to the Borough of the same fees as prescribed by the provisions of this article except for the permit fee for making a surfacing.

§ 397-17 Prerequisites to obtaining permit.

Street excavation permits shall only be granted upon compliance with the following express provisions:

A written application shall be filed with the Zoning Office for making all street excavations and signed by the person desiring such permit. Such application shall set forth the purpose for which such excavation is to be made, the size and location of the same, the full scope of work to be included in the project, the date or dates during which such excavation is to be permitted, the date such excavation is to be refilled and resurfaced in the manner hereinafter provided in accordance with every provision contained in this article. An applicant shall furnish a drawing of the proposed excavation site upon request. Items required on the drawing shall be specified at the time of request.

Prior to the issuing of such permit, every such applicant shall pay the Borough the amount hereinafter required for the purposes specified and shall exhibit to the Zoning Office a receipt for the amount paid.

No permit shall be granted to any applicant unless the applicant has paid to the Borough any and all moneys, including inspection fees, then due to the Borough, for prior excavations made or for any loss, damages or expense in any manner occasioned by or arising from the work done by the applicant under the provisions of this article.

Every applicant shall agree to indemnify and to save and hold harmless the Borough, its officers, employees, consultants, and agents from any and all costs, damages and liabilities which may accrue or be claimed to accrue by reason of such work to be done by the applicant under provisions of this section. The acceptance of any permit under this section shall constitute such an agreement by the applicant whether the same is expressed or not.

No permit shall be issued by the Borough for any proposed work to a street and/or alley of the Borough that was otherwise entirely resurfaced within the prior five years.

Proof of insurance shall be filed with the Zoning Office, verifying that the applicant is insured against claims for personal injury as well as against claims for property damages which may arise from or out of the performance of the excavation work, whether such performance be by the applicant or anyone directly or indirectly employed by him. Insurance certification shall list the Borough and its inspection consultant as additional insureds. Such insurance shall include protection against liability arising from completed operations, underground utility damage and collapse of any property. The maximum required liability insurance limit for bodily injury shall be set by resolution of the Montgomery Borough Council. Failure of an applicant to file proper proof of insurance shall be a sufficient reason for denying a permit. The applicant shall indemnify and shall save and hold harmless the Borough from any and all damages and liability by reason of personal injury or property damage arising from work done by the applicant under the provisions of this section.

§ 397-18 Bond.

All persons desiring to excavate a street shall furnish a properly executed corporate surety bond. Such bond shall be issued by a reputable surety company licensed to do business in the Commonwealth of Pennsylvania.

The bond shall be in effect for an eighteen-month period following completion of the work, in accordance with § 397-23.4. The amount of the surety bond shall be set, based on an approved cost estimate prepared by the applicant and approved by the Borough or their consultant.

§ 397-19 Fees.

The permit fee and inspection fee to accompany the application shall be established by resolution of the Montgomery Borough Council. The Borough Treasurer shall place collected permit fees into the Borough Street Maintenance Fund of the General Fund.

When the longitudinal excavation longer than 100 linear feet has been made in the pavement, the applicant shall:

(1)

Restore the excavated trench in accordance with the Montgomery Borough Construction and Material Specifications; and

(2)

Mill and overlay the cartway and any other improved areas (per the approved permit) in which the excavation was made, for the entire length of street and/or alley that was excavated.

When four or more transverse excavations have been made within 100 linear feet of pavement, the applicant shall restore the roadway pursuant to § 397-19A.

The applicant shall establish an escrow account with the Borough to cover inspection fees. The escrow shall be submitted at 5% of the cost estimate provided in § 397-18B. The inspection fee will be held by the Borough Treasurer in escrow. Upon satisfactory release of surety bond, any remaining escrow funds will be returned to the applicant. The degradation fee may be waived for restoration completion in accordance with § 397-19A.

Any applicant who wishes to excavate a street shall obtain a street excavation permit to excavate a street for nonemergency purposes, provided that a street degradation fee is paid in full prior to the acquisition of the street excavation permit. The degradation fee is defined as a fee paid by the permittee to the Borough to defray a percentage of the costs for repairs to streets resulting from the depreciation of streets associated with street excavations.

§ 397-20 Cancellation of permit.

In all cases where a permit has been issued and the work set forth in such permit has not been initiated, the permittee may request to cancel the issued permit. Such request for cancellation of the permit must be approved by the Borough Coordinator. If cancellation of the permit is approved by the Borough Coordinator, the remaining surety and degradation fee shall be refunded; however, the permit fee and the inspection fee shall not be refunded and shall instead be retained by the Borough.

§ 397-21 Revocation of permit.

All street excavation permits are subject to revocation at any time by the Borough after written notice for:

(1)

Violation of any condition of the permit.

(2)

Violation of any provision of this section or any other applicable ordinance or law relating to the work.

(3)

The existence of any condition or the doing of any act constituting or creating a nuisance or endangering the lives or property of others.

Written notice of such violation shall be served upon the person to whom the permit was granted, or his agent or employee engaged in the work. Such notice shall also contain a brief statement of the reasons for revoking such permit. Notice may be given either by personal delivery thereof to the person to be notified or by United States Mail, addressed to such person to be notified.

Upon revocation of the permit, a portion of the permit and inspection fees will be refunded to the permittee for that portion of the project not completed.

§ 397-21.1 Completion of street excavation; time extension and fee.

Construction must commence within one month of the issuance date of the street excavation permit; otherwise a new street excavation permit must be obtained. Final pavement restoration must be completed within one month of street opening.

If any permittee is unable to complete the street excavation work on or before the date specified in the permit, the permittee shall file a written application for an extension of time with the Zoning Office. The written application shall be in letter form and shall thoroughly explain the reasons for the extension of time plus the additional length of time required. A fee to be established, from time to time, by resolution of the Montgomery Borough Council, shall accompany the application. This fee shall defray the costs of processing and filing the application.

§ 397-22 Backfilling and paving; backfilling and replacing surface by Borough.

The permittee shall be responsible for backfilling and paving the excavation and restoring the street surface to its original condition prior to the street cut. The Borough shall have the full authority to establish standards for paving the backfilling materials and associated procedures. Details specifying paving and backfilling procedures and materials shall be in accordance with the latest edition of the Borough's Construction and Materials Specification, which it may publish and update from time to time by resolution.

In case the work has not been completed before the date of expiration as shown on the permit, which time shall be fixed when the permit and/or time extension is granted, the Borough may take steps to backfill the trench and replace the street surface over the excavation for which the permit has been issued upon proper notification from the Borough Coordinator to the applicant. The Borough shall invoice the permittee for all costs incurred by the Borough in the performance of this work. Payment not made within 30 days will be chargeable against the posted bond including all fees and costs involved in the collection of this payment.

§ 397-23 Responsibility; extra inspectors and other rules.

The Borough is authorized to make such other rules and regulations for the excavation of streets which it may deem necessary for the proper maintenance of the street surface due to excavations.

§ 397-23.1 Test holes.

A street excavation permit shall be obtained for any test hole work. No test holes shall be made in or upon a greater surface of the highway than as specified in such permit, and no excavation or test holes shall interfere with any of the water pipes, sewers or drains of the Borough or any other underground utility service. Test holes shall be backfilled in accordance with the Borough's Construction and Materials Specifications.

§ 397-23.2 Gutters, lights and identification.

All gutters shall be left open so as not to obstruct the free passage of water and the sidewalks and footways must be kept in a safe and passable condition. All excavations or material from them shall have placed upon them sufficient lights and barricades to identify them from all directions during the day and after dark.

If, for safety purposes, the Borough deems it necessary to install additional warning devices such as lights, barricades or signs, the permittee shall be notified of the decision and shall receive instructions on the installation. In case of emergencies, the Borough may install all additional warning devices deemed necessary. The Borough shall invoice the permittee for rental and installation costs incurred from the date of installation until the permittee installs warning devices.

If the permittee fails to install such devices, the Borough shall invoice the permittee for rental and installation costs incurred from the date of installation until the date of removal. Payment not made by the permittee within 30 days of the invoice date will be chargeable against the posted bond including all fees and costs involved in the collection of this payment.

§ 397-23.3 Additional work.

In no case shall a permittee excavate or remove a greater area of street surface than specified in the original application. The permittee shall not excavate any street at any location not specified in the original street excavation permit. If the permittee determines during construction that an additional area of the street will have to be excavated, he shall notify and secure permission from the Borough for the additional excavation. Upon receipt of permission, the permittee shall file a supplementary application for the work no later than the next work day. Fee amounts specified in this section shall be followed for any subsequent fees associated with supplementary applications.

§ 397-23.4 Guarantee of work, corresponding penalties, and repair of work.

The permittee shall guarantee and maintain his work for 18 months from the completion of the restoration and replacement work. Within this eighteen-month period, upon notification from the Borough of necessary correction work required, the permittee shall correct or cause to be corrected all restoration work required within 30 working days of receipt of the notification. The Borough shall determine the extent of restoration required and the method of correction. Any and all work not completed within this thirty-day period may be completed by the Borough at the discretion of the Borough. The Borough shall invoice the permittee for all costs incurred by the Borough in performance of this work. Payment not made within 30 days of the invoice date will be chargeable against the posted bond including all fees and costs involved in the collection of this payment.

Any person violating any provision of this article shall, upon conviction thereof in a summary proceeding, be sentenced to pay a fine not exceeding $1,000, to be paid to the use of Montgomery Borough, together with costs of prosecution, or be imprisoned for not more than 10 days, or both; provided, further, that each day that a violation of this article continues shall constitute a separate offense.

In the event that work commences without having first obtained a permit, the property owner or person who commenced work shall be responsible for the costs of repair.