[HISTORY: Adopted by the Borough Council
of the Borough of Harveys Lake 1-17-1989 by Ord. No. 2-1989;
amended in its entirety 5-17-2016 by Ord. No. 1-2016. Subsequent amendments noted where
applicable.]
A.
The word "shall" is always mandatory and not merely directory. Whenever
in this chapter the words "directed," "required," "permitted," "ordered,"
"designated," or words of like import are used, it shall be understood
that the direction, requirement, permission, order, designation, or
prescription of the Borough Engineer or its representatives or agents
is intended. Similarly, the words "approved," "acceptable," "satisfactory,"
or word of like import shall mean approved by, acceptable to, and
satisfactory to the Borough Engineer or its representatives or agents.
B.
APPLICATION FOR A PAVE CUT PERMIT
BOROUGH
CAPITAL IMPROVEMENT
EMERGENCY REPAIR
FACILITIES
INSPECTION
LONG PAVE CUTS
MUNICIPAL CORPORATION
PAVE CUT LOG
PAVEMENTS
PERMITTEE
PERSON
PUBLIC UTILITY
(1)
(a)
(b)
(c)
(d)
(2)
(a)
(b)
(c)
SERVICE
SMALL AREA PAVE CUTS
SPECIAL PAVEMENT
STREET
UTILITY CORRIDOR
UTILITY RELOCATION
WORK
As used in this chapter, the following terms shall have the meanings
indicated:
A form provided 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.
Harveys Lake Borough, Luzerne County, Pennsylvania; also
including the Borough Engineer, Department of Public Works, Borough
employees, agents, and representatives.
Preplanned to improve or upgrade an existing system or to
install a completely new system providing new or additional service.
Work necessitated by any emergency in which a main, conduit,
or utility facility in or under any street breaks, bursts, or otherwise
is in such condition as to immediately endanger the property, life,
health, or safety of any individual.
All the plant and equipment of a public utility including
all tangible and intangible, real and personal property, without limitations,
and any and all means and instrumentalities in any manner owned, operated,
leased, licensed, controlled, furnished or supplied for, 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 when this chapter becomes effective shall be subject
to any of the terms of this chapter, except as elsewhere expressly
provided herein.
A careful or critical investigation not necessarily confined
to optical observation but understood to embrace tests and examination
for the purpose of ascertaining quality and compliance as prescribed
in this chapter and discovering and correcting errors.
Pave cuts that are greater than 25 feet in length.
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
utility.
A chronological record of pave cuts as reported to the Borough
containing permanent data as required by the Borough for the purposes
of inspection and control.
Riding surfaces of machine laid asphalt over a base of concrete,
brick, belgian block, crushed stone, bituminous concrete, or oil and
stone.
A person or public utility to whom a permit has been granted
for the opening in any paved thoroughfare, cutaway, or sidewalk in
the Borough in accordance with the provisions of this chapter.
Individuals, partnerships, or associations other than corporations
and including their lessees, assignees, trustees, receivers, executors,
administrators, or other successors in interest.
Persons or corporations now or hereafter owning or operating
in this commonwealth equipment or facilities for:
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 for compensation.
Diverting, developing, pumping, impounding, distributing, or
furnishing water to or for the public for compensation.
Transporting or conveying natural or artificial gas, crude oil,
gasoline, or petroleum products by pipelines or conduit for the public
for compensation.
Conveying or transmitting messages or communications by telephone
or telegraph to the public for compensation.
The term "public utility" shall not include:
Any person or corporation not otherwise a public utility who
or which furnishes services only to himself or itself; or
Any bona fide cooperative association which furnishes services
only to its stockholders or members and a nonprofit basis; or
Any producer of natural gas not engaged in distributing such
gas directly to the public for compensation.
Used in this chapter 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 chapter to their patrons, employees, other
public utilities, and the public, as well as the interchange of facilities
between two or more of them.
Pave cuts that are 25 feet or less in length.
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. 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 shall mean and include the adjustment,
replacement, or relocation of utility facilities as required by a
street construction or repaving project, such as: removing or reinstalling
the facility, acquiring the necessary rights-of-way, moving or rearranging
existing facilities, changing the type of facility, and any necessary
safety and protective measures. It shall also mean 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 the sequence of street construction.
The furnishing of all materials, labor, equipment, and other
incidentals necessary or convenient to the successful completion of
the project and the fulfillment of all duties and obligations imposed
by this chapter.
A.
Permit required. A permit must first be obtained before any opening
can be made in any paved thoroughfare, cartway, or sidewalk in the
Borough.
B.
Normal permit procedure. Applications for a pave cut permit shall
be available at the Borough Building at 4875 Memorial Highway, Suite
101, Harveys Lake, Pennsylvania. An authorized agent of a utility
or contractor may complete said application at the Borough Building.
This shall be done a minimum of 24 hours in advance of a planned excavation.
A copy of the completed application, signed by the Borough, shall
be in the hands of a competent person at the worksite described in
said application and shall constitute a permit.
C.
Contents of application. The application for the permit shall state
the name and address of the applicant, the nature, location, and purpose
of the excavation, the date of commencement and the expected date
of completion, as well as the length and width of the cut and such
other data as may reasonably be required by the Borough. When, in
the sole opinion of the Borough, the excavation and/or construction
planned is extensive, the Borough may require the application to be
accompanied by plans showing the extent of the proposed excavation
work and elevations of both the existing ground prior to said excavation
and the proposed elevated surfaces, the location of the excavation
work, and such other information as may be prescribed by the Borough.
D.
Record of permits. The Borough shall keep a record of all permits
so granted, and, before granting the same, shall collect from the
applicant a permit application fee in the amount set forth in the
Fee Schedule set in this chapter.[1] Public utilities may be billed for permit fees monthly.
E.
Subject to enforcement. It shall be unlawful for any person, firm,
or corporation to make any opening, cut, or excavation in or under
any street, alley, or other thoroughfare within the limits of the
Borough unless and until a permit therefor is secured for each separate
undertaking. The police shall promptly prohibit any work to be done
without a permit and shall halt any work in progress being performed
without a permit.
F.
Emergency permit procedures. In the case where an emergency repair,
as hereinbefore defined, is found, the utility or person owning or
controlling the main, conduit, or utility facility, without first
applying for and obtaining an excavation permit hereunder, shall immediately
take proper emergency measures to cure or remedy the dangerous conditions
for the protection of property, life, health, and safety of individuals.
The person or utility shall immediately notify the Borough and inform
it that an emergency exists as soon as he/she becomes aware of such
emergency. Such person owning or controlling such main, conduit, or
utility facility shall apply for an excavation permit not later than
the end of the next succeeding day during which the Borough office
is open for business. Emergency pave cut applications shall be recorded
in the pave cut log at the start of the next business day following
the emergency in the same fashion as all other pave cut applications.
G.
Nonfee permits. Pave cuts necessitated by Borough-sponsored public
improvements will be on a nonfee basis but limited to a specific contract
area. A list noting exact locations and dimensions of all such cuts
shall be submitted to the Borough office at the completion of work.
Notification will be required for any pave cuts made in state highways
located within the Borough for which a highway occupancy permit has
been issued.
A.
Insurance protection. The applicant shall be insured as set forth
below and shall protect, defend, indemnify, and save harmless the
Borough, its officers and/or agents thereof, from all claims, suits,
actions, and proceedings of every nature and description that may
be brought against the Borough, its officers or agents 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 or any other act, negligence, or omission
of said applicant or his agents, servants, employees, successors and
assigns, and the Borough shall not, in any way, be liable therefor
during the period of the work progress and for the period following
the completion of the work until the street is resurfaced or reconstructed
by the Borough.
C.
Evidence of insurance. A certificate or letter executed by a duly
authorized representative of the applicant's insurance carrier
shall be submitted to the Borough each January 15. Said evidence of
insurance must 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.
A.
Opening of a street. Power-driven concrete saws or air hammers shall
be used on all cuts. The cuts must be of sufficient depth to provide
a smooth edge. Opening in brick or belgian block-based streets shall
be of sufficient width to expose 1/2 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.
B.
Safety precautions. During the progress of work the permittee shall
provide and maintain such barricades, warning signs, and flagpersons
as may be deemed necessary by the Borough to prevent accidents to
the public and/or adjoining tenants. Minimum precautions must include,
but should not be limited to, advance warning signs 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. All precautions
shall be in accordance with the Manual of Uniform Traffic Control
Devices as adopted by the United States Department of Transportation,
Federal Highway Administration, 1971, Part IV, Traffic Controls for
Street and Highway Construction and Maintenance Operations, or the
most recent edition of the same.
C.
Road closings. No street in the Borough may be completely closed
to traffic at any time. One lane of traffic must be able to pass unobstructed
at all times. Flagpersons must be posted at the limits of 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 completely closed temporarily only with the consent of the Chief
of Police and the Fire Chief. When an emergency exists the Police
and Fire Department shall be notified. An application form for a permit
to close a street will be available from the Borough office. The completed
application bearing the signatures of the before-mentioned officers
shall be returned to the applicant and shall constitute a permit.
A penalty shall be imposed for failure to notify the Police Chief
and Fire Chief as set forth in the Fee Schedule attached hereto.[1]
D.
Time periods. For small area pave cuts of 25 feet or less the permittee
shall be required to complete the temporary restoration within 48
consecutive hours of the initial cut during the normal working week
excluding holidays and weekends. Extension time may be allowed upon
appeal to the Borough Manager, provided the contractor substantiates
sufficient reasons for the extension required. Work on long area pave
cuts greater than 25 feet in length shall proceed in a continuous
manner. Permits for long area pave cuts or capital improvements will
not be granted during the months of November through March except
by written permission from the Borough. The permittee shall coordinate
planned cuts in the streets with the paving program of the Borough.
A construction schedule comprising planned cuts shall be submitted
to the Borough as they become available. The Borough will provide
a paving program for a one-year period to the utilities prior to February
15. Changes in the utilities schedule of planned cuts shall require
confirmation from the Borough. Changes in the Borough paving program
shall be submitted to all utilities at the earliest possible date
to permit the utilities to adjust their respective schedule.
E.
Scheduling. All excavations shall be commenced and completed by the
use of reasonable work force. In congested areas the Borough may limit
work to other than normal daytime working hours. At the cessation
of work, adequate steel plates or wooden planking shall be placed
over the excavation while it is not being worked on to ensure full
traffic flow. The maximum length of any opening in the roadway shall
be 200 feet unless otherwise permitted, in writing, by the Borough.
F.
Removal of material. In peak traffic areas all excavated material
shall be removed daily at the cessation of work. All gutters and drainage
devices shall be kept clean of all debris and excavated material.
Fire hydrants adjacent to the work shall at all times be readily accessible
to fire apparatus, and no material or obstruction shall be placed
within 15 feet of any hydrant.
G.
Waste material. Material that is unsuitable and any surplus of excavated
material shall be considered waste and shall be disposed of by the
permittee beyond the project limits. In no case shall waste material
be left at the work site.
A.
Suitability of materials. The suitability of material to be used
as backfill shall be determined by the Borough. Fill must be compacted
to a dry density at least equal to 95% of the maximum dry density
attained by the "Modified Proctor" test, ASTM D 1557, latest revision,
Method C or Method D, as designated by the Borough. All materials
not conforming to the requirements of this chapter, whether in place
or not, shall be rejected. Such materials shall be removed promptly
from the work site.
B.
Backfilling requirements. The Borough must be notified in advance
of all backfilling for inspection purposes. In backfilling, six-inch
layers shall be placed in the deepest portion of the backfill, and
as placement progresses, each six-inch layer shall be horizontally
constructed. Compaction operations shall be continued using mechanical
tampers until each layer of fill is compacted to a dry density at
least equal to 95% of the maximum dry density attained by the "Modified
Proctor" test, ASTM D1557, latest revision, Method C or Method D,
as designated by the Borough.
C.
Initial layer. Granular or other suitable materials, as determined
by the Borough, free from rocks and boulders shall be deposited in
the trench simultaneously on both sides of the pipe for the full width
of the trench to a height of at least six inches above the top of
the pipe, placed and hand-tamped to fill completely all spaces under
and adjacent to the pipe.
D.
Succeeding layers. Succeeding layers of backfill beyond the granular
fill may contain coarse materials, but shall be free from large pieces
of rock, frozen material, concrete, roots, stumps, tin cans, rubbish,
and other similar articles whose presence in the backfill would cause
future settlement of the trench or damage to the pipe.
E.
Upper layer. Whenever suitable material existing within the upper
four feet of the finished grade of the paved or traveled portions
of the street or roadway is removed by the excavation, the contractor
or utility shall replace said material (or material of equal quality)
as backfill in the upper four feet of the finished grade.
F.
Wet material. Material containing moisture in excess of that percentage
which will ensure satisfactory compaction shall not be used as backfill
material.
G.
Dry material. Material containing insufficient moisture to obtain
satisfactory compaction shall be moistened before compaction.
H.
Quality of work. Backfilling will be done in such a manner as to
obtain compaction through the entire length of backfill not less than
that which exists adjacent to the excavation. The method of backfill
shall be consistent with good engineering practice. Backfill shall
begin soon as practical after the pipe or other construction has been
placed and shall thereafter be carried on as rapidly as protection
of the balance of the work will permit.
I.
Roadways passable. In all cases, the permittee shall blade and compact
the roadway after the trench has been backfilled so that it shall
be passable to traffic at all times. The permittee shall maintain
the roadway in a condition acceptable to the Borough at all times
until final approval of the entire work.
J.
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 Borough and all concerned pertinent utilities
to instruct them (it) to have representatives inspect the condition
before any backfilling is begun and it shall be responsible for the
costs to repair any damage thereto.
A.
Restoration. Prior to the placement of the base course, the existing
base and surface must be exposed six inches on each side on any failures
that may have developed. Restoration of flexible base pavements shall
consist of binder for the full depth of four inches. The wearing course
ID2 shall be placed at a minimum depth of two inches and rolled to
conform with the existing road, and the edges sealed. Surface treatments
such as sand or chip seals are prohibited. On long pave cuts surface
finishing must be rolled with not less than a six-ton roller. Small
pave cuts may be finished with a mechanical tamper or vibrator. All
openings regardless of size must be permanently restored. In addition:
(1)
In all areas where cuts are made within 50 feet (center to center)
of each other, the permittee shall be required to neatly cut and remove
the area of pavement between these adjacent openings and shall patch
as one trench.
(2)
For any two openings that are three feet or less in distance from
their closest cut edges, the permittee shall be required to neatly
cut and remove the area of pavement between these adjacent openings
and shall patch as one trench.
(3)
For any longitudinal or transverse cut greater than 50 feet in length,
the permittee shall be required to neatly cut and remove the area
of pavement affected and resurface the full road width for the entire
length of the longitudinal or transverse cut.
(4)
For all restorations requiring resurfacing of one lane or greater,
the permittee is required to complete the following:
(a)
Resurfacing must be a minimum thickness of 1 1/2 inches
and include leveling course and tac where needed;
(b)
Original slope and crown must be restored unless approval is
granted otherwise;
(c)
Surface must be milled along all limits of work to provide a
smooth transition into existing paved surfaces;
(d)
Surface must be milled a distance of three feet from concrete
gutters throughout the entire length of restoration; and
(e)
Manholes and catch basins must be raised to bring the top surface
to a level of 0.5 inch below top of the paved surface once restored.
(f)
All finished joints must be sealed with an approved material
(AC-20 or PG64-22).
B.
Special restoration. 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 installation specifications in such a manner as
to prevent settlement or other deterioration.
C.
Testing and inspection. The Borough may inspect all cuts having an
area of five square yards or more, and an inspection fee shall be
charged. Such inspection fees shall constitute acceptance and approval
of work performed by the permittee, but it is understood that such
acceptance and approval does not relieve the utility of any responsibility
under this chapter. Inspection of small cuts having an area of five
square yards or less shall not require visual observation when the
work is in progress, but may be approved or rejected through subsequent
examinations and/or testing.
D.
Repaving and reconstruction. Upon notification from the Borough of
a planned street resurfacing or reconstruction, all utilities will
be required to test their lines and services and to schedule necessary
capital improvements and service connections prior to resurfacing
or reconstruction. Thereafter cuts will be permitted in the new pavement
only in an emergency. Pave cuts made in new pavement shall be subject
to a penalty (see Fee Schedule[1]). Essential services for a 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 five years, from the date of placement.
E.
Limestone and monuments. No limestone or monument in the Borough
may be removed, altered, or buried at any time. When pave cuts or
road construction require the temporary removal of a limestone or
monument it must be preserved at the site and reset at the direction
of the Engineer. All costs incident thereto, including surveys, shall
be charged to the utility or contractor. A penalty shall be imposed
for failure to report the removal 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, all costs
incidental to exposing and/or resetting a limestone or monument shall
be charged to the utility or contractor.
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.[2])
G.
Replacement of pavement markings. The utility and/or its contractor
must replace in kind all pavement markings damaged or removed by pave
cuts and work incident thereto. All markings must be replaced within
five days after permanent restoration. The Borough shall contract
to have the necessary repairs made and bill the utility.
H.
Temporary restorations. All restoration made with cold patch shall
be considered temporary. The permittee is responsible for all costs
and expenses of making and maintaining temporary and permanent restorations
of disturbed areas. Temporary restoration consists of a minimum of
three inches of bituminous material and is maintained in place until
permanent restoration can be made.
I.
Permanent restoration. Only utilities or their contractors will be
permitted to make permanent restorations of openings in pavements.
The restored pavements shall be guaranteed from failure from the date
of completion through two winters. Permanent restoration must be completed
within 30 days of the initial cut. Any cuts made in 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 pertinent utility and repairs by the utility will
begin within 24 hours after notification. Upon failure of the utility
to repair the cut in a satisfactory manner, the Borough shall have
the option to do the work or to contract to complete the work and
bill the utility.
J.
Replacement of electronic traffic control devices and ancillary equipment.
Electronic traffic control devices and ancillary equipment damaged
or removed because of pavement excavations or work incident thereto
must be replaced by the utility or its contractor, in kind, in whole
or in part as required by the Borough. The Borough shall contract
to have the necessary repairs made and bill the utility.
K.
Determination of lines and grades by the Engineer. The Borough Engineer
shall have the final decision for the determination of lines and grades
for street construction. This decision shall be based on good engineering
practice and Borough standards.
L.
Utility corridor; vertical assignments for new street construction.
The following depths for pipes and conduits are assigned to the utilities
operating under this chapter:
(1)
Gas lines shall be a minimum of 30 inches below subgrade.
(2)
Waterlines shall be a minimum of 36 inches below subgrade; a water
main shall be a minimum of five feet below subgrade.
(3)
Electric lines and conduits shall be a minimum of 24 inches below
subgrade. Telecommunication lines and conduits shall be a minimum
of 36 inches below subgrade.
M.
Location of shutoff valves. All shutoff valves for water mains and
gas mains, and branches, may be installed within the limits of the
highway right-of-way lines. All shutoff valves on service lines and
other pipes shall be installed outside the highway right-of-way lines.
N.
Horizontal and aerial utility corridors. Aerial installations of
electric power transmissions and telecommunications lines suspended
from supporting poles having their base and/or support wires within
the public right-of-way and interfering with a roadway construction,
reconstruction, or repair project shall be relocated upon written
order from the Borough to a point specified therein. The Engineer
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 Engineer. The 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 individual customers for gas, water, steam,
electric, and telecommunications lines shall be located inside the
inner line of the curbstone, or, in the case where no curbing exists,
to a point specified by the Engineer or his agent.
O.
Commencement of utility relocation activities. Upon receipt of a
letter from the Engineer authorizing the start of physical work, the
utility shall commence work within 30 days unless otherwise stated
by the Engineer with reasonable cause shown in order to clear the
construction area. The utility shall perform the relocation work in
accordance with the approved plan of the Engineer.
The Borough shall, by resolution, set the Fee Schedule for all
costs imposed under jurisdiction of this chapter, including a permit
fee schedule and cost recovery for services provided by the police,
Department of Public Works, fire, legal, and engineering departments,
and for all costs incurred in prosecution.
A.
Delegation of authority to the Department of Public Works. The Borough
Council, by this chapter, establishes that the responsibility and
authority for the administration and enforcement of the chapter shall
rest in the Department of Public Works.
B.
Street inspectors. The Borough may appoint persons to enforce this
chapter. These agents shall have the authority and responsibility
for the enforcement of this chapter as vested in the Department of
Public Works.
C.
Noncompliance. When work performed by a utility or contractor under
this chapter is found in violation of same, the contractor or utility
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 Borough may suspend all work whether
completed or in progress in noncompliance with this chapter, and take
appropriate safety precautions. All work performed or contracted for
by the Borough to attain compliance in this regard shall be billed
to the utility or contractor. In addition, a penalty for noncompliance
shall be imposed.
D.
Resumption of suspended work. The utility shall actively resume work
upon order from the Borough after a suspension.
E.
Penalties for noncompliance. If the permittee fails to make adequate
corrections to work found in noncompliance with this chapter in the
time specified, a penalty shall be imposed until said corrections
are completed to specifications.
F.
Nonissuance. The Borough reserves the right to bar any contractor
or his employee from working within the Borough limits whose work
is found in noncompliance with this chapter. The Borough reserves
the right to refuse issuance of a permit to any applicant who fails
to maintain pave cuts in accordance with this chapter, or who fails
to pay sums due the Borough within 30 days from the date of billing.
The Borough reserves the right to refuse issuance of a permit to cut
new pavement.
G.
Pertaining to general contractors. At the discretion of the Borough,
licensed contractors, other than those under contract to a utility,
may be permitted to make an opening, cut or excavation in the Borough's
public streets. Sections pertaining to public utilities shall be applicable
to licensed contractors.
A.
Acknowledgment of guilt. Any person charged with violating any provision
of this chapter may sign an acknowledgment of the offense committed,
either before or after the beginning of suit, and pay to any duly
authorized agent of the Borough, the maximum penalties provided by
the resolutions of the Borough Council, together with costs accruing
to that date. Such person shall receive a printed receipt therefor,
which shall bear the imprint of the seal of the Borough and the signature
of the Director of Public Works or a Council member, which shall be
evidence of full satisfaction of the offense committed.
B.
Penalties. Any person, firm, or corporation who shall violate any
provision of this chapter, upon conviction thereof in an action brought
before a district justice in the manner provided for the enforcement
of summary offenses under the Pennsylvania Rules of Criminal Procedure,
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 90 days. Each day that a violation of this chapter continues
or each section of this chapter which shall be found to have been
violated shall constitute a separate offense.
C.
Civil action. In addition to the foregoing, the said Borough may
pursue such other and additional remedies as may be authorized by
the said Act of July 10, 1947, P.L. 1481, as amended.
General Fee Schedule
| ||
---|---|---|
Permit/Service/Penalty
|
Fee
| |
Processing and issuing permit (each)
|
$25
| |
Processing and issuing permit to close road
|
n/c
| |
Inspection
| ||
First hour (minimum inspection)
|
$40
| |
Per hour after first hour
|
$25
| |
Penalty for failure to obtain permit (each)
|
$300
| |
Penalty for noncompliance with any other section or part thereof
(each day)
|
$100
|
Permanent Pavement Restoration Fee Schedule
| |
---|---|
Pave Cut Size
(square feet)
|
Fee per Square Foot or Part Thereof
|
Less than 50
|
$5
|
50 to 100
|
$4.60
|
Over 100
|
$4.50
|