[Adopted 6-1-1936 by Ord. No. 178, approved 6-1-1936]
[Amended 8-17-2010 by Ord. No. 859, approved 8-17-2010]
A.
Any person, firm, or corporation wishing to make any opening or excavation
in or under any street, avenue, or other thoroughfare within the limits
of the Borough of Shippensburg shall, not less than 10 days in advance
of the tentative time such work is to commence, submit an application
for a permit to do such work. Such application shall be submitted
on forms prepared by the Borough Manager for such purpose. In all
cases the application shall be submitted to the Borough Manager in
the name of the person making and/or legally responsible for the opening
or excavation as well as, if applicable, the name of the property
owner for whom the cut or excavation is being undertaken. No opening
or excavation shall occur unless and until a permit therefor is secured
from the Borough Manager or his or her designee for each separate
undertaking. The police officers, code enforcement officers, and street
department head shall promptly prohibit any work being done without
a permit.
B.
Should a permit be applied for to excavate within or open a newly
paved street (a street which has been paved within the previous two
years), a diminution fee will be added to the permit fees, as listed
in the Borough schedule of fees, as amended from time to time by resolution
of the Borough Council of the Borough of Shippensburg. However, the
diminution fee shall not apply if the excavation or opening is due
solely to an emergency repair, as determined by the Borough.
C.
Before an excavation or street opening permit is issued, the applicant
shall deposit with the Borough Manager a certificate or other evidence
from an insurance company certifying that the permittee has comprehensive
liability insurance. This general liability insurance shall be written
on a comprehensive form, including explosion coverage (if any blasting
is involved), and hold the Borough and its officers harmless against
any and all claims arising from the excavation permit or for which
the Borough, Borough Council or any Borough Officer may be made liable
either by reason of any accident or injury to persons or property
through the fault of the permittee in not properly guarding the excavation
or for any other injury resulting from the negligence of the permittee.
The certificate of insurance shall provide that the policy shall be
in force at the time of the application and cannot be canceled without
30 days' prior notice to the Borough of Shippensburg.
[Amended 12-30-1985 by Ord. No. 539, approved 12-30-1985; 8-17-2010 by Ord. No.
859, approved 8-17-2010]
The charge for said permit shall, for each separate undertaking,
be established by the Borough Council by resolution from time to time.
The application for the permit and every such permit shall specify
a time during which said opening or excavation may remain open, the
place where such opening or excavation may be made, together with
the length and width thereof and such further information is said
Borough may require, any additional surface to be disturbed and any
additional time required. All information shall be completed, and
said permit shall be submitted to the Borough Manager, who shall approve
or disapprove said permit application; provided, however, that emergency
breaks or leaks may be repaired and the permit secured by the end
of the business day following the initial excavation. The applicant
shall make every reasonable effort to immediately notify the Borough
of the emergency.
It shall be the duty of any person or persons,
firm or corporation to whom a permit is issued or by whom any opening
or excavation is made as aforesaid, to provide and maintain proper
and adequate guards, barriers and lights to prevent accidents, and
such person, firm or corporation shall assume all risks and be liable
for all damages by reason of the opening or excavation and by reason
of any failure to properly fill the hole or trench and maintain the
surface disturbed in a safe condition.
It shall be the duty of any person or persons,
firm or corporation to whom a permit is issued to open or excavate
in or under any street, alley or other thoroughfare of the borough,
to completely fill such opening or excavation to the level of the
surface of the surrounding area thereof, said filling to be puddled
and rammed as the nature of the soil may demand so as to prevent any
settling thereafter and so as to prevent ridges or depressions and
so as to be and remain in as compact a condition, as nearly as possible,
as it was prior to the opening or excavating.
[Amended 8-17-2010 by Ord. No. 859, approved 8-17-2010]
Immediately when the work provided for in § 135-4 has been completed, such person, firm or corporation shall immediately notify the Borough of such completion as aforesaid, and shall then cause the opening or excavation, so filled in as aforesaid, to be surfaced with suitable surfacing material properly adapted to the character of the surface and the surrounding area thereof. The- property owner will be responsible for keeping and maintaining the surface of the said excavation or opening for two years following the completion of work, and the Borough shall thereafter keep and maintain the surface of the said excavation or opening.
[Amended 12-30-1985 by Ord. No. 539, approved 12-30-1985; 8-17-2010 by Ord. No.
859, approved 8-17-2010]
For such resurfacing of the excavation or ditch after the same
has been filled in as aforesaid, the person, firm or corporation so
opening or digging the same shall pay for the cost of resurfacing.
[Amended 8-17-2010 by Ord. No. 859, approved 8-17-2010]
All opening or excavating and the refilling and resurfacing
thereof in or under any street, alley or other thoroughfare shall
be done under the direct supervision of the Water Foreman or such
other officer as the Borough Manager shall from time to time direct.
An inspection by a designated Borough representative shall be required
when the excavation or opening is being filled and resurfaced to ensure
that proper base and topcoat are applied.
[Amended 12-30-1985 by Ord. No. 539, approved 12-30-1985; 8-17-2010 by Ord. No.
859, approved 8-17-2010]
Any person violating any of the provisions of this article shall,
upon conviction thereof, be punishable by a fine of not more than
$1,000 and costs of prosecution or, upon default in payment of the
fine and costs, by imprisonment in the county jail for not more than
30 days. Every day that a violation of this part continues shall constitute
a separate offense.
