[Adopted 7-8-1976 as Section 10-1.7 of the Revised General
Ordinances of 1975]
All permits required by this article shall be
issued in triplicate by the Superintendent of the Department of Public
Works, one copy to be delivered to the applicant, one copy kept on
file by the Superintendent of the Department of Public Works and a
copy filed by the Superintendent forthwith with the senior member
of the police force on duty at the police station, to be kept on file
at that office.
No person shall make any excavation in or tear
up or disturb the surface of the sidewalk or roadway of any street,
park or public place without a written permit therefor; provided,
however, that any public utility corporation having pipes, poles,
conduits or rails in any public street or place shall not be required
to obtain any other permit than that provided for herein.
[Amended 8-15-1995 by Ord. No. 1226]
No permit for the excavation, tearing up or
disturbing of the surface of the sidewalk or roadway of any street
shall be granted unless fees in accordance with a schedule set by
resolution of the Mayor and Council shall first have been paid to
the Superintendent.
The permit for excavation as aforesaid shall
state the maximum time allowed for the completion of the excavation
and the backfilling thereof, and the backfilling shall be completed
within the time stated in such permit. The material to be used in
such backfill shall be earth or earth and crushed stone in even quantities.
No stone larger than six inches in diameter and no shale rock shall
be used for such purposes. No more than six inches in depth of materials
shall be backfilled at one time. Upon backfilling an amount not exceeding
six inches in depth, the same shall be thoroughly moistened and tamped
and made thoroughly compact before any further backfilling is done.
The backfilling shall be continued until the top thereof, after being
thoroughly tamped, shall be one inch higher than the top of the pavement.
Upon the commencement of the backfilling, the Superintendent shall
be immediately notified, and it shall be his duty to inspect the work
and see to it that the backfilling is performed in accordance with
the provisions of this section. He shall proceed to direct the resurfacing
of the street when, in his opinion, the backfill is thoroughly settled.
[Amended 8-15-1995 by Ord. No. 1226]
No opening in the paved section of any road
shall be less than two feet wide or more than three feet wide, and
such opening shall be made so that the width at the bottom shall be
less than the width at the surface of the pavement. No tunneling shall
be permitted except under special circumstances and pursuant to a
special permit to be issued by the Superintendent only upon direct
authority, in writing, from the Mayor and Council. The fee for tunneling
shall be at the same rate per square yard as the fee for surface excavation.
[Amended 8-15-1995 by Ord. No. 1226]
A.
Whenever possible, excavations shall be made on either
side of the pavement, and pipes to be laid shall be driven from one
excavation to the other so as not to disturb the pavement.
B.
No boring under the pavement of any road or sidewalk
shall be done except by special permission of the Superintendent and
under his personal supervision. The Superintendent shall not grant
any permission for boring unless authorized to do so in writing, by
the Mayor and Council.
C.
When necessary to excavate across the entire roadway
of any road, the work shall be performed so that at least 1/2 of the
roadway shall remain open to traffic. No person shall permit any street
or road to be closed to travel by reason of any excavation made therein
in pursuance of this section.
A.
Any public utility corporation having the right to
construct or maintain pipes, poles, conduits or tracks in any public
street or place may, in lieu of the fees to be paid under this article,
file with the Superintendent a bond obligated to the Mayor and Council,
in such form as shall be directed by the Mayor and Council, conditioned
for the making of all excavations in accordance with the provisions
of this article and further conditioned for the restoration of the
pavement of any roadway excavated, torn up or disturbed by it or under
its authority, to the satisfaction of the Superintendent of the Department
of Public Works, within five days after notice from the Superintendent
and that, in case of its failure to do so, it will, upon demand, pay
to the Mayor and Council the cost of restoring the pavement. The bond
shall remain on file and in force until discharged by the Mayor and
Council, which may at any time require an additional bond to be filed
commensurate with the work required to be done at any time by the
public utility corporation filing the bond.
B.
While such bond remains in force, such public utility
corporation may make any excavation without obtaining a permit therefor,
provided that such corporation shall, before the commencement of any
such excavation, notify, in writing, the Police Department of the
Borough or the Superintendent of the Department of Public Works of
its intention to make such excavation.
C.
All bonds furnished pursuant to this section shall
be in such form and with such surety as shall be approved by the Mayor
and Council.
A.
No person shall remove, excavate or disturb any sidewalk
or curb, except for the purpose of relaying or repairing the same,
without a permit therefor. The permit shall state the maximum length
of time that it shall remain in force but may be renewed by the Superintendent
for a further period if, in his judgment, the renewal is necessary.
B.
The fee for such permit shall be as set by resolution
of the Mayor and Council. No permit shall be granted unless there
shall be deposited with the Superintendent a sum as set by resolution
of the Mayor and Council for each 10 feet in length of excavation
or fraction thereof of the sidewalk or curb.
[Amended 8-15-1995 by Ord. No. 1226]
C.
The permit shall fix the time in which the sidewalk
or curb is to be replaced, and, in case such sidewalk or curb is not
replaced within such period, including renewals, to the satisfaction
of the Superintendent, he shall cause the work to be properly done
and shall pay the cost thereof out of such deposit, and such deposit
or the unexpended portion thereof shall be returned when the sidewalk
and curb are properly replaced.
D.
During the time that any such sidewalk shall be removed,
provision shall be made by the owner or occupant of the premises for
safe and convenient means of passage by pedestrians satisfactory to
the Superintendent.