[Adopted 6-8-2021 by Ord. No. 475[1]]
[1]
Editor's Note: This ordinance also repealed former Art. IV,
Excavations, adopted 12-11-1979 by Ord. No. 217, as amended 2-10-1987
by Ord. No. 274 and 9-10-2019 by Ord. No. 472.
As used in this article, the following terms shall have the
meanings indicated:
Any person who makes application for a permit.
Any unforeseen circumstances or occurrences, the existence
of which constitutes a clear and immediate danger to persons or properties.
The Manager of the Borough or his or her authorized deputy,
representative or inspector.
Newly constructed cartways, including base and surfacing
of either concrete or asphalt and reconstructed cartways surfaced
with a topcoat of at least 1 1/4 inch of asphalt.
Any person who has been issued a permit and has agreed to
fulfill all the terms of this article.
Any public water or sewer authorities operating within the
Borough, and any gas, electric or telecommunications companies subject
to the jurisdiction of, and/or control by, the Pennsylvania Public
Utility Commission.
A public right-of-way, road, avenue, boulevard, alley, highway,
freeway, parkway, land, viaduct and any other ways intended to be
used by vehicular traffic and accepted or maintained by the Borough
or open for travel and use by the public.
A.
It shall be unlawful for any person to make any tunnel, boring, opening
or excavation of any kind in or under the surface of any street without
first securing a permit from the Manager for each separate undertaking;
provided, however, that any person maintaining pipes, lines or other
underground facilities in or under the surface of any street may proceed
with an opening without a permit when emergency circumstances demand
the work to be done immediately, provided that the permit could not
have been reasonably and practically obtained beforehand. In such
cases where emergency openings are necessary, however, the Borough
shall be notified prior to such openings in one of the following manners:
B.
The person shall thereafter apply for a permit on the first regular
business day on which the office of the Manager is open and said permit
shall be retroactive to the date when the work began.
The application for a permit shall be on a form prescribed by
the Borough. The application shall be accompanied by a fee in accordance
with the schedule of fee set forth by the Borough Council for highway
occupancy permits and restoration charges. In addition, the applicant
shall submit three copies of a sketch, including but not limited to
the proposed improvement, dimensions of proposed work (including depth)
location, width of the traveled roadway, right-of-way, right-of-way
lines and distance to the nearest intersecting street.
A permit shall be issued to the applicant after all the requirements
have been filed.
A.
Work for which a permit has been issued shall commence within 30
days. If not, the permit shall be terminated automatically unless
the permittee applies for an extension of time by which to commence
work.
B.
If such an extension is granted, the original permit shall remain
in force for the period specified in the extension. Permits which
terminate by reason of failure to commence work within 30 days after
issuance, or within any extension of time granted hereunder, may be
renewed only upon the remittance of an additional permit fee as originally
required.
No person to whom a permit has been granted shall perform any
additional work outside the scope of the granted permit. If the situation
arises that the permittee determines additional work may be needed,
not more than 10% of the amount specified in the permit, the permittee
may apply to the Manager for an amended permit to perform the additional
work. If the additional work exceeds 10% of the amount specified in
the original permit, an application for a new permit shall be made.
Any deposit or bond posted for the original permit shall be deemed
to cover any such additional work in the amended permit.
A.
Upon completion of the work, the applicant shall give written notice
thereof to the Borough.
B.
A certificate of final inspection shall be issued by the Manager
to each permittee no sooner than one year and not later than 24 months
after the permanent restoration of the excavation has been made, provided
that the work authorized by the permit has been performed according
to municipal specifications.
C.
Prior to issuance of a certificate, the Manager shall make a final
inspection of the restoration to determine whether municipal specifications
have been adhered to.
Upon completion of the work authorized by the permit, the Borough
shall inspect the work and, when necessary, enforce compliance with
the conditions, restrictions and regulations prescribed by the permit.
Where a settlement or defect in the work occurs, the applicant shall
have 60 days after written notice from the Borough to rectify said
settlement or defect. If the rectification does not occur by the 60th
day, the Borough may complete the work and impose upon the applicant
the cost thereof, as well as an additional 20% of such cost.
Permits are not transferable from one entity to another, and
the work shall not be performed in any place other than the location
specifically designated in the permit.
Every permit shall expire at the end of the period of time set
out in the permit. If the permittee is unable to complete the work
within the specified time, he or she shall, prior to expiration of
the permit, present a written request to the Manager for an extension
of time. This request shall set forth the reason(s) for the requested
extension. If the Manager finds that the failure to complete the permitted
work within the time specified was due to circumstances reasonably
beyond the control of the permittee, and that an extension of time
to complete the permitted work is necessary and not contrary to the
public interest, then the permittee may be granted additional time
for the completion of the work.
The provisions of this article shall not be applicable in those
instances where the street or highway is maintained by the Commonwealth
of Pennsylvania. In the interest of public safety, however, the Manager
shall be notified of street excavations on state roadways before work
commences.
Each permit shall be granted subject to the right of the Borough,
or of any other person entitled thereto, to use he street for any
lawful purpose not inconsistent with the permit.
A.
Upon notification to the permittee, any permit may be revoked by
the Manager for:
(1)
Violation of any condition of the permit or of any provision of this
article.
(2)
Violation of any other applicable provision of the Borough Code or
any law relating to the work.
(3)
The existence of any condition, or the performance of any act, constituting
or creating a nuisance or endangering the life or property of others.
B.
A permittee shall be granted a period of three days from the date
of notice to correct the violation before said permit is revoked.
C.
Written notice of any such violation or condition covered under this
section shall be served upon the permittee or his or her agent engaged
in the work. The notice shall contain a brief statement of the reasons
for revoking the permit. Notice may be given either by personal delivery
or by certified or registered United States Mail.
D.
When any permit has been revoked and the work authorized by the permit
has not yet been completed, the Manager shall act as may be necessary
to restore the street, or part thereof, to similar condition to that
existing before the opening was made. All expenses thereby incurred
by the Borough shall be recovered from the deposit or bond the permittee
has made or filed with the Borough.
It shall be the duty and responsibility of any applicant to:
A.
Follow the provisions of this article regarding written application
to the Manager.
B.
Agree to save and hold harmless the Borough, its officers, employees
and agents from all costs, damages and liabilities which may accrue
or be claimed to accrue by reason of any work performed under said
permit. The acceptance of a permit shall constitute such an agreement
by the applicant whether the same is expressed or not.
It shall be the duty and responsibility of any person receiving
a permit to:
A.
Pay a permit fee as set forth in the Borough's Schedule of Fees
resolution.
A.
No opening or excavation in any street shall extend beyond the center
line of the street before being backfilled and the surface of the
street temporarily restored. Unless a detour plan is approved by the
Manager, one-way traffic must be maintained.
B.
No more than 250 feet measured longitudinally shall be opened in
any street at any given time, except by special permission of the
Manager.
C.
All utility facilities shall be exposed sufficiently, or their definite
location shall be determined ahead of trench excavation work, to avoid
damage to those facilities and to permit their relocation, if necessary.
D.
Pipe drains, pipe culverts or other facilities encountered shall
be protected by the permittee.
E.
When work performed by the permittee interferes with the established
drainage system of any street, provision shall be made by the permittee
to provide proper drainage.
F.
When any earth, gravel or other excavated material is caused to flow,
roll or wash upon any street, the permittee shall cause removal of
the same from the street within eight hours after deposit and return
the street to safe traffic flow. If the earth gravel or other excavated
material so deposited is not removed as specified, the Manager shall
cause such removal and the cost incurred shall be paid by the permittee
or deducted from his or her deposit.
G.
Every permittee shall place around the project such barriers, barricades,
lights, warning flags and danger signs as necessary for the protection
of the public. Additional safety requirements may be prescribed by
the Manager.
(1)
Whenever any person fails to provide or maintain the required safety
devices, such devices may be installed and maintained by the Borough.
The amount of the cost incurred shall be paid by the permittee or
deducted from his or her deposit.
(2)
No person shall willfully move, remove, injure, destroy, or extinguish
any barrier, warning light, sign or notice erected, placed, or posted
in accordance with the provisions of this section.
H.
Access to private driveways shall be provided except during working
hours when construction operations prohibit provision of such access.
I.
Free access must be provided at all times to fire hydrants.
J.
Excavated materials shall be laid along the side of the trench to
cause as little inconvenience as possible to public travel. To expedite
the flow of traffic or to abate dirt or dust nuisance, the Manager
may require the permittee to place excavated material in trucks and
provide toe boards or bins; and if the excavated area is muddy and
causes inconvenience to pedestrians, temporary wooden plank walks
shall be installed by the permittee as directed by the Manager. If
the street is not wide enough to hold the excavated material without
using part of the adjacent sidewalk, the permittee shall keep a passageway
at least 1/2 of the sidewalk width open along such sidewalk line.
K.
Work authorized by a permit shall be performed between the hours
of 7:00 a.m. and 10:00 p.m. Monday through Saturday, unless the permittee
obtains written consent from the Manager to do the work at an earlier
or later hour. Such permission shall be granted only in the case of
an emergency or if the work authorized by the permit is to be performed
in traffic-congested areas.
L.
In granting any permit, the Manager may attach such other conditions
thereto as may be reasonably necessary to prevent damage to public
or private property, or to prevent the operation from being conducted
in a manner hazardous to life or property or in a manner likely to
create a nuisance. Such conditions may include, but shall not be limited
to:
(1)
Limitation on the period of the year in which the work may be performed.
(2)
Restrictions as to the size, weight, and type of equipment.
(3)
Designation of routes upon which materials may be transported.
(4)
Designation of the place and manner of disposal of excavated materials.
(5)
Requirements as to the control of dust, the cleaning of streets,
the prevention of noise and other results offensive or injurious to
the neighborhood, the public, or any portion thereof.
(6)
Regulations as to the use of streets in the course of the work.
M.
Temporary road closures may be permitted for construction, installation,
or maintenance of the street or adjacent utilities, if residents have
a detour to access both sides of the closure.
A.
All pavement cuts, openings, and excavations shall be made properly
and backfilled properly by the permittee according to Borough specifications.
The width, location, thickness, and grade of the streets in the Borough
shall be fixed in accordance with construction standards as prepared
by the Borough Engineer. The specifications shall be fixed in accordance
with construction standards as prepared by the Borough Engineer. The
specifications shall be made available to the permittee to ensure
that the proper requirements are met and are generally shown in Appendix
A of this article.[1]
[1]
Editor's Note: Said appendix is on file in the Borough
offices.
B.
If the weather conditions are such as to prevent the completion of
permanent restoration of the street surface at the time backfilling
is completed, the permittee shall install a temporary surface (cold
patch) in accordance with Borough specifications until such time as
weather conditions will permit permanent restoration of the street
surface.
C.
The Manager shall be notified by the permittee a least 48 hours before
the beginning of backfilling and/or restoration and shall be notified
of the approximate time each will begin.
D.
No backfilling or restoration shall be performed unless or until
the Manager is present, or until permission has been granted for backfilling
or restoration after inspection by the Manager.
E.
After excavation is commenced, the work of backfilling the same shall
be performed diligently. The permittee is required to complete permanent
restoration of the street surface in accordance with Borough specification
within seven days after repairs and/or installation is completed.
Furthermore, the permittee shall be required to install and maintain
a temporary surface in accordance with municipal specifications during:
F.
Inspections of all work authorized by a permit shall be made by the
Manager at such times and in such manner as required to assure compliance
with provisions of this article. If the nature of the work to be performed
under any permit is such as to require the services of a full-time
inspector, the Manager shall provide for the services of such an inspector.
G.
All inspection costs shall be borne by the permittee. Such cost shall
be based upon a schedule of charges on file in the office of the Manager.
H.
If any settlement or failure in a restored area occurs within a period
of two years from the date of completion of the permanent restoration
and the permittee fails to make such correction after notification,
any expense occurred by the Borough correcting such settlement shall
be paid by the permittee.
I.
In no case shall any opening made by a permittee be considered in
the charge or care of the Borough or any of its officers or employees,
and no officer or employee of the Borough is authorized in any way
to take or assume any jurisdiction over any such opening, except in
the exercise of the police power when it is necessary to protect life
and property.
J.
Unless otherwise approved by the Manager, openings or excavations
on streets paved within the past seven years the permittee shall,
in addition to restoring the opening or excavation, pave the entire
width of the road with an asphalt wearing course to a point 15 feet
beyond each opening or excavation. Appropriate milling and/or keyways
shall be used.
K.
Unless otherwise approved by the Manager, openings or excavations
exceeding 100 feet in length on streets paved more than seven years
ago, the permittee shall, in addition to restoring the opening of
excavation, pave the 1/2 of the width of the road with an asphalt
wearing course to a point 15 feet beyond the opening or excavation.
Appropriate milling and/or keyways shall be used.
A.
Computation of deposit. The Manager, upon receipt of a properly completed application, shall determine the amount of the deposit to be made by the permittee in accordance with the schedule of charges established pursuant to Subsection E of this section; provided, however, that the minimum deposit required shall not be less than $100. The deposit shall be paid at the time the permit is issued, and the deposit shall be used to reimburse the Borough for the costs of any work and/or materials furnished by it in connection with work authorized by the permit, to cover the cost of all necessary inspections of said work or any other expenses incurred by the Borough in carrying out the provisions of this article.
B.
Form of deposit. The deposit may be either in the form of certified,
treasurer's or cashier's check or in lawful money of the
United States.
C.
Insufficient deposit. If any deposit is less than sufficient to pay
all costs, the permittee shall, upon demand, pay to the Borough an
amount equal to the deficiency. If the permittee fails or refuses
to pay such deficiency, the Borough may institute an action to recover
the same in any court or competent jurisdiction. Until such deficiency
is paid in full, no additional permits shall be issue to such permittee.
D.
Yearly deposit. Whenever any public utility company shall anticipate
applying for permits for more than one street opening or excavation
per calendar year, such public utility company may post one deposit
in an amount and form as hereinbefore provided for the calendar year
or part thereof to cover the cost of deposits which would otherwise
be required for the anticipated permits.
E.
Deposit and cost schedules. The Manager shall establish a schedule
of charges for inspection, labor, materials and other such expenses
as may be incurred by the Brough in carrying out the provisions of
this article. This schedule shall be established by the Manager in
accordance with the reasonably anticipated cost to be incurred by
the Borough in making such inspections, including reasonable administrative
and overhead expenses, and in accordance with the currently prevailing
costs in the area for any labor and materials which may be provided
by the Borough. The Manager shall revise said schedule from time to
time to reflect any increase or decrease in the costs used to establish
said charges, and the fee schedule will be adopted by a resolution
of the Borough Council. The schedule shall be open to public inspection
in the office of the Manager upon request.
F.
Decision on costs. The decision of the Manager as to the costs of
any work done or repairs made by him or her under his or her discretion,
pursuant to the provisions of this article, shall be final and conclusive.
G.
Refund of deposit. Upon notification by the permittee that all word
authorized by the permit has been completed and after restoration
of the opening, the Manager shall refund to the permittee his or her
deposit, less all costs incurred by the Borough in connection with
said permit. In no event shall the permit fee be refunded.
A.
Each applicant, upon the receipt of a permit, shall provide the Borough
with an acceptable certificate of insurance indicating that he or
she is insured against claims for damages for personal injury as well
as against claims for property damage which may arise from or out
of the performance of the work, whether such performance is by himself
or herself, his or her subcontractor or anyone directly or indirectly
employed by him or her. Such insurance shall cover collapse, explosive
hazards, and underground work by equipment on the street and shall
include protection against liability arising from completed operations.
The amount of the insurance shall be prescribed by the Manager in
accordance with the nature of the risk involved; provided, however,
that the liability insurance for bodily injury shall be in an amount
no less than $500,000 for each person and $1,000,000 for each accident,
and for property damages, in an amount no less than $100,000, with
an aggregate of $300,000 for all accidents.
B.
Public utility companies and authorities may be relieved of the obligation
of submitting such a certificate if they submit satisfactory evidence
that they are insured in accordance with the requirements of this
article or have adequate provision for self-insurance.
C.
Public utility companies and authorities may also file an annal certificate
of insurance in lieu of individual certificates for each permit.
If the work to be undertaken by the permittee is such that it
will affect the use of properties abutting or adjoining the project,
the Manager may require the permittee to submit a list of owners and/or
tenants and/or addresses of all properties abutting the area where
the work authorized by the permit is to be performed. Upon receipt
and Manager approval of such list, the permittee shall give written
notification to the affected property owners and/or tenants of the
proposed work to be done.
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 in 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.
