[Adopted 4-9-2020 by Ord.
No. 401[1]]
[1]
Editor's Note: This ordinance repealed former Art. IV, Street
Standards, Excavations and Permits, adopted 7-14-2016 by Ord. No.
387.
It shall be unlawful for any person to open or to make any excavation
of any kind in any street in the Borough of Schwenksville ("the Borough"),
except in and upon those portions thereof established for the use
of vehicles.
It shall be unlawful for any person to open or to make any excavation
of any kind in any of the streets or connecting to any of the streets
in the Borough without first securing a road opening/highway occupancy
permit (a "permit") as provided for in this article.
A.
Openings or excavations in streets or alleys within Schwenksville
Borough shall conform with the requirements set forth in this article
and in conformance with specifications which may be adopted by resolution
of Borough Council.
C.
All excavations require utility clearance by making a PA One Call
notification. Call 1-900-242-1776 before you dig.
A.
Permits and escrow required.
(1)
No opening or excavation in any street or alley of Schwenksville
Borough may be performed without a permit being first obtained from
the Borough Manager of the Borough.
(2)
No opening or excavation in any street or alley of the Borough may
be performed without an escrow being provided to Schwenksville Borough
as security guaranteeing the performance of pavement restorations
required in said street or alley and guarantee of payment for professional
services rendered by Borough's professional consultants.
B.
Exceptions. The only exceptions to this requirement shall be the
following:
(1)
Applicants for wireless communications facilities must follow the procedures outlined in Zoning Chapter 176 of the Borough's Codified Code.
(2)
Private streets or alleys. For openings or excavations in a private
street or alley, a permit will not be required from Schwenksville
Borough. However, if the opening or excavation is not being constructed
by the owner of the private street or their agent, then written authorization
shall be obtained from the owner of the private street or property
owner where the construction is to occur.
(3)
State highways. For openings or excavations in a state highway, a
permit will not be required from Schwenksville Borough, provided the
opener or excavator demonstrates to the Borough that all required
PennDOT permits and approvals have been obtained. Any openings, reopenings,
or excavations in a state highway shall be subject to authorization
by the Commonwealth of Pennsylvania Department of Transportation.
(4)
Land development. For openings or excavations that are part of a
land development plan duly approved and financially secured by Schwenksville
Borough, a permit will not be required from Schwenksville Borough.
(5)
Emergency work. Emergency repairs involving the replacement of facilities
or opening of a surface within a public right-of-way for repair may
be performed prior to obtaining a permit, provided that the following
procedure is adhered to:
(a)
The Utility or municipal facility owner shall immediately notify
the Borough Office or Manager by telephone or email when the necessity
for an emergency repair occurs during normal business hours, Monday
through Friday. Emergency work occurring at other times should be
reported via text message or email.
(b)
The following information should be provided to the Borough
when notified of emergency work:
[1]
Date emergency work is started.
[2]
Time emergency work is started.
[3]
Location of emergency work site.
[4]
Name of the entity performing the work and contact information.
[5]
Description of emergency work and what Borough facilities are
affected.
[6]
A description of and notice of any disruption to residents or
the public that is anticipated due to the emergency work, e.g., road
or lane closures.
(c)
A permit must be submitted to the Schwenksville Borough Manager
within 15 calendar days after the start of any emergency work. Documentation
must be provided to confirm and set forth in detail any work performed
to substantiate the emergency. All applicable fees and escrows are
still required.
C.
Permit application.
(1)
Applications for permits shall be prepared in writing, using a blank
form (Exhibit A[1]) furnished for that purpose by Schwenksville Borough and
shall contain the following minimum information:
(a)
The purpose for which said street or alley is to be opened or
excavated, the location of said proposed work, the estimated dimensions
and area of the proposed opening or excavation, the location of all
utilities located in the area of the proposed opening, including any
utilities which may share the same trench, and the dates when the
proposed work will occur or occurred.
(b)
A diagram, drawing or plan illustrating the location and size
of the excavation in relationship to the Borough's infrastructure
including streets, curbs, stormwater management facilities and other
such features.
(c)
An agreement on the part of the applicant that the work shall
be done in full compliance with the ordinances of the Borough and
shall well and truly save, defend and keep harmless the Borough from
and indemnify it against any and all actions, suits, demands, payments,
costs and charges for or by reason of the proposed opening or excavation
and all damages to persons or property resulting in any manner therefrom
or occurring in the execution of the work connected therewith, or
from any other matter, cause or thing relating thereto.
(d)
The name and contact information for the entity applying for
the permit and its agents or clients for whom the work is being completed.
(e)
The name and contact information for the entity performing the
work.
[1]
Editor's Note: Exhibit A is included as an attachment
to this chapter.
(2)
Application to establish an escrow account. Pursuant to § 143-27A(2), an escrow account is required to be established. No application for a permit shall be considered complete without an application to establish an escrow account and the securities to fund it (Exhibit B[2]).
[2]
Editor's Note: Exhibit B is included as an attachment
to this chapter.
D.
Permit fees and securities. All applicants for permits to open or
excavate any street or alley shall pay, before the issuance of said
permit, such application fees and provide such securities as provided
for in this article and as may be set forth by the Master Fee Schedule
of Schwenksville Borough. Permit issuance fees paid to Schwenksville
Borough shall be nonrefundable.
(1)
Permit issuance fees. Issuance fees are used to defray the costs
incurred by the Borough in reviewing and processing the application
and plan(s), including the preliminary review of the site location
identified in the application, and issuing and processing the permit.
Permit issuance fees shall be as set forth by the Master Fee Schedule
for Schwenksville Borough.
(2)
General inspection fees. General inspection fees are used to defray the costs incurred by the Borough for spot inspection(s) after the permitted work has been completed, to ensure compliance with the permit and these regulations. General inspection fees shall be based on the current Fee Schedule in effect for the Borough Engineer and Code Enforcement provider as approved and adopted with the Master Fee Schedule for Schwenksville Borough. These fees shall be deducted from the required escrow pursuant to Subsection D(5) below submitted to guarantee the work is done in conformance with this article prior to the refund of the escrow balance.
(3)
Exemptions. Permit issuance fees are not required for any of the
following:
(a)
The Commonwealth of Pennsylvania.
(b)
Governmental authorities organized under the laws of this commonwealth.
(c)
The federal government.
(d)
Utility facilities owners for:
[1]
The installation of streetlights at the request of the Borough.
[2]
The replacement or renewal of facilities prior to a Borough
resurfacing project after notice from the Borough.
[3]
The removal of poles and attached appurtenances.
[4]
Facilities moved at the request of the Borough.
[5]
Work governed under the wireless communication zoning regulations.
(4)
Additional inspection fees. If the Borough determines that the permitted
work is of significant magnitude or importance to warrant assignment
of one or more inspectors to inspect the permitted work on a more
than spot inspection basis, the permittee shall be charged for costs,
fees or expenses incurred by the Borough in accordance with the Master
Fee Schedule and Borough Engineer and Code Inspection Fee Schedules
in effect.
(5)
Escrow.
(a)
All applicants who apply for permits to open or excavate in
any street or alley shall furnish, prior to the issuance of a permit,
an escrow to Schwenksville Borough for the following purposes:
(b)
The amount of the required escrow shall be the greater of the
following amounts:
[1]
An amount equal to the area of the opening or excavation multiplied
by the unit price for pavement restorations set by the Master Fee
Schedule of Schwenksville Borough (for purposes of determining the
area of any planned opening or excavation, the minimum width of any
opening or excavation shall be five feet); or
[2]
An amount equal to $2,500.
(c)
The escrow shall be in the form of cash or an irrevocable letter
of credit or other form of security in form satisfactory to the Borough
Solicitor and shall remain in effect for a minimum of two years. Upon
written request, Schwenksville Borough shall return the balance of
the escrow to the applicant only after completion of the work, including
completion of all pavement restorations in the street or alley, and
only after said work has been inspected by the Borough Engineer or
Code Official and certified to be satisfactory by the Borough Manager
or his/her designee, the maintenance period has expired and all inspection
or code enforcement fees and administrative charges have been satisfied.
[1]
An administrative fee of $100 shall be deducted from the escrow
account balance prior to issuance of a refund.
E.
Issuances of permit; denial; appeal.
(1)
Within 15 days after receipt of an administratively complete application
to open or excavate any street or alley, the Borough Manager shall
either approve the same and issue a permit therefor, provided that
the proposed construction conforms to the laws of the Borough; or,
if the proposed construction does not conform with the laws of the
Borough or if upon reasonable investigation and knowledge of fact
the Borough Manager determines that the proposed construction would
constitute a traffic hazard or a hazard to the safety of pedestrians,
the application shall be denied by notice, in writing, setting forth
therein the reasons for the denial.
(2)
Upon receipt of notice denying the issuance of a permit, any property
owner or person adversely affected may appeal the Borough Manager's
decision within 30 days by written appeal to the Borough Council indicating
rational for the appeal. The Borough Council shall make inquiry into
the causes of the denial and shall afford the aggrieved party an opportunity
to present the reason for the appeal to Borough Council at a public
meeting. The public meeting shall take place not more than 45 days
from receipt of the application of appeal; and Borough Council's
written decision shall be issued not later than 30 days thereafter
and shall be final.
A.
Standards. The person, firm, contractor, authority or corporation
making the opening or excavation in any street or lane or alley within
Schwenksville Borough shall thoroughly and completely refill the opening
or excavation, pounding and ramming so as to prevent any settling
hereafter; and shall permanently restore the surface and shall perform
all work, including backfill and surface restorations, in accordance
with the following standards which are hereby adopted as specifications
for Schwenksville Borough:
B.
Inspection.
(1)
The applicant shall notify the Borough Manager at least 24 hours
prior to beginning work. The Borough Manager or their designee shall
have the right to inspect any portion of the work associated with
openings or excavations in any street, lane or alley within Schwenksville
Borough.
(2)
Completion of work must be reported via email or in writing to the
Borough Manager or their designee within 24 hours thereof.
(3)
The Borough Manager or their designee shall conduct an inspection
of the completed work and, if the work is satisfactory, shall issue
a certification of completion attesting to the same. If the work is
determined not to be satisfactory, then the applicant will be required
to address any deficiencies prior to issuance of a certificate of
completion or any release of escrow or other form of security held
by Schwenksville Borough for the work.
(4)
Approval by the inspector. Approval by the Borough's inspector
of all or part of any permitted work shall not constitute acknowledgement
that the work was performed in accordance with the permit, nor shall
such approval of the inspector act as a release of the permittee or
waiver by the Borough of its right to seek performance or restitution
from the permittee should the improvement fail.
C.
Corrective action.
(1)
Failure to complete the work to the satisfaction of the Borough Manager
or failure to complete the work within a reasonable time period, as
determined by the Borough Manager, shall, upon written notice to the
applicant, result in corrective action being taken by Schwenksville
Borough and all costs of the same being taken from the escrow or other
form of security held by Schwenksville Borough for the work.
(2)
If the costs incurred by Schwenksville Borough to perform the corrective
action exceed the amount held in escrow or other form of security,
then the applicant shall be responsible for those additional costs.
(3)
The cost to perform the corrective actions shall be in addition to
the penalties provided for elsewhere under this article.
A.
Permits shall not be issued for opening or excavating any public
street or alley of Schwenksville Borough that has been newly improved
within a period of less than five years, such period to be taken from
the date when the street surface was completed. Newly improved streets
shall include those which have been constructed, reconstructed or
resurfaced with a new surface layer of bituminous asphalt paving.
B.
The only exception(s) to this requirement shall be the following:
(1)
In the event of an emergency which affects the public safety. A routine
or scheduled replacement of service lines or installation of new services
shall not be deemed cause for granting a permit on an emergency basis.
C.
Where this restriction is violated, a fee shall be paid to Schwenksville
Borough as damages for decreasing the life of the street surface.
This fee shall be paid in addition to any other permit fees or escrows
required by other provisions of this article. The amount of said fee
shall be determined as follows:
(1)
For surfaces aged up to two years, the fee shall represent the cost
to resurface the full width of the cartway along the frontage of the
property or properties receiving benefit, the area of which shall
be calculated by multiplying the full width of the cartway by the
frontage thereon of the property or properties receiving benefit.
The fee shall be an amount equal to the area multiplied by the unit
cost for pavement resurfacing set by the Master Fee Schedule of Schwenksville
Borough.
(2)
For surfaces aged more than two years and up to five years, the fee
shall represent the cost to resurface half of the width of the cartway
along the frontage of the property or properties receiving benefit,
the area of which shall be calculated by multiplying the half width
of the cartway by the frontage thereon of the property or properties
receiving benefit. The fee shall be an amount equal to the area multiplied
by the unit cost for pavement resurfacing set by the Master Fee Schedule
of Schwenksville Borough.
All other work in connection with openings in any street, including
excavation, protection, refilling and temporary paving, shall be done
by the applicant at his expense, and all such work shall be subject
to the provisions of this article and to the supervision and approval
of the Borough Engineer, provided that the Borough Engineer may require
that cutting of the surface of improved streets and the backfilling
of all excavations therein shall be done by the Borough, and the charge
therefor shall be paid by the applicant on the basis of actual cost
of the work, plus 20%.
A.
No opening or excavation in any street shall extend from the curbline
into the highway a distance greater than one foot beyond the center
line of the street before being refilled and the surface of the highway
restored to a condition safe and convenient for travel.
B.
No more than 200 feet longitudinally shall be opened in any street
at any one time.
C.
The work of excavation shall be so conducted as not to interfere
with the water mains, sanitary sewers or storm sewers or their connections
with the houses or any other subsurface lines or constructions until
permission of the proper authorities, in connection with such subsurface
lines or constructions, shall have been obtained.
D.
No tunneling shall be allowed without the express approval of the
Borough Engineer and permission therefor endorsed upon the permit.
The backfilling of a tunnel excavation shall be made only in the presence
of the Borough Engineer or an inspector designated by the Engineer
and shall be done only in a method approved by the Engineer.
E.
All openings or excavations shall be repaired in accordance with
Borough specifications as indicated in the diagram attached hereto
as Exhibit C,[1] backfilled promptly with suitable materials approved by
the Borough Engineer and thoroughly compacted in layers, each of which
shall not exceed six inches in depth. On improved streets, the backfilling
shall be placed to within 10 inches of the surface. On improved streets,
a temporary paving of suitable stony materials, thoroughly bound and
compacted, shall be installed flush with the surface of the adjoining
paving.
[1]
Editor's Note: Exhibit C is included as an attachment
to this chapter.
F.
Any contradiction of standards or specifications is to be resolved
at the discretion of the Borough Engineer.
G.
During the making of any excavation in any street, every necessary
and reasonable precaution shall be taken by the applicant and the
parties making the same to keep the street in a safe and passable
condition both day and night by guards, barriers, lanterns and other
devices, and all excavating permits are granted under and subject
to the express condition that the person to whom the same is issued
shall indemnify, save and hold harmless the Borough from any loss
in damages, or otherwise whatsoever, which may or shall be occasioned
at any time by the said excavation or by any leak, explosion or other
injury from any pipe, apparatus, conduit or any other matter placed
in the said excavation.
H.
The applicant shall notify the Borough Engineer when the opening
or excavation is ready for backfilling before any backfilling is done,
and when the work is completed by proper backfilling in the case of
unimproved streets and by temporary paving in the case of improved
streets.
I.
In the event that any work performed by or for a permit holder be
determined, in the opinion of the Borough Engineer, to be unsatisfactory,
and the same shall not be corrected in accordance with his instructions
within the time fixed by him, or in the event that the work for which
the permit was granted is not completed within the time fixed by the
Borough Manager, the Borough may proceed to correct such unsatisfactory
work or complete any such work not completed, and charge therefor,
plus 20%, to the applicant.
J.
Geometric requirements.
(1)
All final paving repairs shall be square or rectangular in shape
and shall be generally parallel or perpendicular to the street.
(2)
When a longitudinal opening longer than 100 feet is made in the pavement,
the traffic lanes in which the opening is made shall be overlaid for
the entire length of the portion of the street that was opened.
(3)
When four or more openings are made by the same person within a section
of a street of 100 linear feet, the traffic lanes in which the openings
are made shall be overlaid for the entire length of the street extending
from the first such opening through the last such opening.
(4)
When cuts are made within four feet of each other or an existing
cut or seam, they shall be combined into a single surface restoration
area.
(5)
When cuts are made within three feet of a curbline or edge of roadway,
wearing surface restoration shall extend to the curbline or edge of
road.
(6)
When multiple cuts are made which have a width equal to or greater
than 50% of a travel lane or parking lane, surface restoration shall
be extended to cover the full width of the travel lane or parking
lane.
K.
The contractor shall bear full responsibility and liability for harm
to persons or property caused by incidents related to the condition
of a utility trench and will be required to immediately improve unacceptable
conditions within 24 hours after receiving notice by Schwenksville
Borough. If the contractor fails to perform remedial work as directed,
the Borough may restore the trench and bill the contractor for cost
incurred plus an administrative fee of 20%.
In the case of any leak, explosion or other accident in any
subsurface pipe, line, construction or apparatus, it shall be lawful
for the person owning or responsible for such pipe, line, construction
or apparatus, to commence an excavation to remedy such condition before
securing a permit, provided that application for a permit shall be
made immediately and not later than the next business day thereafter,
and that all other provisions of this article are fully complied with.
If any such emergency condition shall not be immediately attended
to by the owner or person responsible for such pipe, line, construction
or apparatus, the Borough Engineer, after such notice as he shall
deem necessary under the circumstances of the particular case, shall
proceed to do the work necessary and required by such emergency, and
charge the same on the basis of cost plus 20% to such owner or person.
A.
The Borough Manager shall give advance notice to all persons owning
property abutting on any street within the Borough about to be paved
or improved, and to all public utility companies and authorities operating
in the Borough, and all such persons, authorities and utility companies
shall make all water, gas or sewer connections, as well as any repairs
thereto which would necessitate excavation of the said street within
30 days from the giving of such notice, unless such time is extended
in writing for causes shown by the Borough Engineer.
B.
Notice shall indicate the following:
(1)
Location of capital improvements.
(2)
Description of capital improvements.
(3)
Approximate dates for contract award of improvements/date the improvements
will commence.
(4)
Notice that new paving shall not be opened for a period of five years
after the completion thereof, except in case of emergency, the existence
of which emergency and necessity for the opening of such paving to
be determined by the Borough Engineer. If it is sought to excavate
upon or open a street within five years after the completion of the
paving thereof, for any reason other than an emergency as above stated,
the applicant shall make written application to the Borough Council
and a permit for such opening shall only be issued after express approval
of Council.
[1]
Editor's Note: Exhibit D is included as an attachment to this
chapter.
A.
No new water, sanitary sewer or gas main shall hereafter be laid
or constructed, and no existing water, sanitary sewer or gas main
shall be extended in any of the streets of the Borough until the exact
location thereof and the plan therefor shall first have been approved
by the Borough Council.
(1)
All public service companies shall provide written notice to Schwenksville
Borough at least 90 days before making any opening or excavating any
street or alley, except in the case of emergency which has immediate
and imminent effects on the public health, safety and welfare.
(2)
All public service companies shall furnish a performance guarantee
to Schwenksville Borough for the restoration of the street before
the issuance of any permit for opening or excavating the same. The
performance guarantee shall be provided in the form of a cash escrow,
irrevocable letter of credit or performance bond. The amount of the
performance guarantee shall be the greater of the following amounts:
(a)
An amount equal to the area of the opening or excavation multiplied
by the unit cost for pavement restorations set by the Master Fee Schedule
of Schwenksville Borough. For the purposes of determining the area
of any planned opening or excavation, the minimum width of any opening
or excavation shall be five feet; or
(b)
An amount equal to $25,000.
B.
All public service companies and authorities shall be responsible
for pavement resurfacing of the streets and alleys where opening or
excavation work is performed. The pavement resurfacing work shall
be performed to the limits prescribed by the applicable Borough Standard
Construction Details (Exhibit C[1]) and in accordance with this article.
[1]
Editor's Note: Exhibit C is included as an attachment
to this chapter.
C.
All public service companies shall be required to furnish a maintenance
guarantee to Schwenksville Borough in the form of a cash escrow, irrevocable
letter of credit or maintenance bond to secure the structural integrity
and function of the pavement restoration and pavement resurfacing
work performed. The guarantee must be furnished to Schwenksville Borough
before the release of escrow or other form of security.
Payment for all work done by the Borough under the provisions
of this article shall be made by the person made liable therefor under
the provisions hereof within 30 days after a bill therefor is sent
to such person by the Borough. Upon failure to pay such charges within
such time, the same shall be collectible by the Borough in the manner
provided by law for the collection of municipal claims.
Any person, firm or corporation who shall violate any provision
of this article, upon conviction thereof in an action brought before
a magisterial district judge, 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 article continues
or each section of this article which shall be found to have been
violated shall constitute a separate offense.
