CHAPTER XIX

 

STREETS AND SIDEWALKS

 

 

19-1     EXCAVATION IN PUBLIC STREETS.

 

19-1.1  Definition.  As used in this section “street” shall mean any road, highway, public way, public alley, easement or other right of way accepted or maintained by the borough as a public street, as well as any state or county road or highway over which the borough has acquired jurisdiction by agreement.

 

19-1.2  Permit Required.

 

  1. No person shall make an excavation in or tunnel under any street without first obtaining a permit from the borough engineer.

 

  1. A tunnel or excavation may be commenced without a permit where an emergency has arisen which makes it necessary to start work immediately; provided that the application for a permit is made simultaneously with the commencement of the work or as soon thereafter as is practical.  When issued, the permit shall be retroactive to the date on which the work has begun.

 

19-1.3  Denial of Permit; Appeal.  The borough engineer is authorized to refuse the issuance of any permit, if he ascertains that such refusal is in the interest of public safety, public convenience or public health.

 

If a permit is refused, an appeal may be taken to the board of commissioners.  The board of commissioners, after hearing the applicant and such other evidence as may be produced, may either direct the issuance of the permit or sustain the refusal.

 

19-1.4  Application for Permit.  An application for a permit shall contain the following information:

 

  1. Name and address of the applicant.

 

  1. Name of the street where the opening is to be made and the street number, if any, of the abutting property.

 

  1. The borough tax map block and lot number of the property for the benefit of which the opening is to be made.

 

  1. Nature of the surface in which the opening is to be made.

 

  1. Character and purpose of the work proposed.

 

  1. Time when the work is to be commenced and completed.
  1. Each application shall be accompanied by a set of plans in quadruplicate showing the exact location and dimensions of all openings.

 

  1. The name and address of the workman or contractor who is to perform the work, along with a 24 hour emergency phone number.

 

  1. A statement that the applicant agrees to replace, at his own cost and expense, the street, curb, gutter, sidewalk, landscaping, etc., in the same state and condition satisfactory to the borough engineer within 48 hours of the commencement of same. 

 

19-1.5  Contents of Permit; Filing.  Each permit shall state the identity and address of the applicant, the name of the street and the location where the excavation or tunnel is to be made, the dimensions of the opening and the period during which the permit shall be valid.  The original of each permit shall remain on file with the clerk.

 

19-1.6  Deposit.  The application fee shall be one hundred fifty ($150.00) dollars. 

 

The applicant shall also be required to deposit, in cash or by certified check, a sum determined by the borough engineer to be necessary to defray the expense of restoring the street to its pre-existing condition should the permittee fail to do so.  In addition, the applicant will be responsible for payment of inspection fees billed by the borough engineer.

 

19-1.7  Insurance.  No permit shall be issued until the applicant has furnished the borough with satisfactory proof that he is insured against injury to persons and damage to property caused by any act or omission of the applicant, his agents, employees or subcontractors done in the course of the work to be performed under the permit.  The insurance shall cover all hazards likely to arise in connection with the work including, but not limited to, collapse and explosion, and shall also insure against liability arising from the completed operations.  The limits of the policy of insurance shall be one hundred thousand ($100,000.00) dollars for injury to any one person, three hundred thousand ($300,000.00) dollars for property damage for a single incident.  The borough may waive the requirements of this subsection in the case of public utilities upon the presentation of satisfactory proof that it is capable of meeting claims against it up to the amount of the limits of the insurance policy which would otherwise be required.

 

19-1.8  Rules and Regulations; Backfilling.  All permits issued under this section shall be subject to the following rules and regulations: 

 

  1. All excavations shall be kept properly barricaded at all times and during the hours of darkness shall be provided with proper warning lights.  This regulation shall not excuse the permittee from taking any other precaution reasonably necessary for the protection of persons or property.

 

  1. All work shall be done in such a manner as to cause a minimum of interference with travel on the street affected.  No street shall be closed to traffic unless the closing is approved by the board of commissioners.  The board of commissioners shall be informed of all street closings at least 24 hours in advance, except where the work is of an emergency nature when notice shall be given when work commences.  Traffic control devices and their placement shall be in accordance with the Manual on Uniform Traffic Control Devices for Streets and Highways, subject to the borough engineer’s review.
  1. All refuse and material shall be removed within 48 hours.

 

  1. All excavations shall be completely backfilled by the permittee, and shall be compacted by tamping or other suitable means in a manner prescribed by the borough engineer.  Where the engineer determines that the excavated material is unsuitable for backfill, the permittee shall backfill the excavation with sand, soft coal, cinders or other suitable material which shall be placed in layers not exceeding six inches in depth and thoroughly compacted with a mechanical vibrator or in the manner prescribed by the engineer.  The permittee shall replace all shoulder stone to a depth of six inches and thoroughly compact it with a mechanical compaction device.  Upon completion of the work, the permittee shall remove any excess material and leave the premises in a clean condition.  If it is determined that any backfilled excavation has settled or caved in, the engineer shall so notify the permittee, who shall promptly continue backfilling until settlement is complete.

 

  1. If tunneling operations are required, the tunnel shall be backfilled with rammed concrete with a minimum 4,000 psi.

 

  1. If blasting is required to be done in the course of any excavation, it shall be done in strict compliance with all applicable state laws and regulations.

 

  1. If the work is not completed within the time prescribed in the permit, or any extension granted by the borough, or is not performed in accordance with the regulations set forth in this subsection and any other regulations, the borough may complete the work itself and restore the surface of the street.  The cost of completing the work and restoring the street shall be charged to the permittee and may be deducted from his deposit or recovered by an action in any court or competent jurisdiction. 

 

19-1.9  Rules and Regulations for Restoration of Surface.  In all cases the permittee shall restore the surface of the street in accordance with the following rules, regulations and requirements:

 

  1. No permittee shall commence the restoration of any street foundation or surface until the borough engineer has determined that settlement of the subsurface is complete and the area properly prepared for restoration.  Temporary cold patch will be required for a minimum of three months prior to final road restoration to insure proper settlement, or as directed by the borough engineer.

 

  1. The street surface shall be restored so as to extend a minimum of one foot beyond the excavation on all sides.

 

  1. The street surface shall be restored pursuant to the section designated by the borough engineer in the permit, but in no case shall be less than the structural equivalent of the following:

 

1.      Six inch course of quarry process sub-base (Type I-5 Soil Aggregate) thoroughly compacted.

 

2.      Two inches of bituminous concrete stabilized base course.

 

3.      One and one-half inches of bituminous concrete Type FABC-1, top course. 

 

19-1.10   Permit Conditions and Regulations.

 

  1. Transferability.  A permit shall apply only to the person to whom it is issued and shall not be transferable.

 

  1. Commencement/Completion of Work.  Work under a permit shall commence within 45 days from the date of issuance of the permit.  If work is not commenced within that time, the permit shall automatically terminate unless extended in writing by the borough.  The work must be completed within six months of the date of the permit.

 

  1. Possession of Permit.  A copy of the permit, together with a copy of the plan endorsed with the approval of the borough engineer shall be kept in possession of the person actually performing the work and shall be exhibited on demand to any duly authorized employee of the borough or police officer.

 

  1. Revocation of Permit.  The board of commissioners may revoke a permit for any of the following reasons:

 

1.      Violation of any provision of this section or any other applicable rules, regulations, laws or ordinances.

 

2.      Violation of any condition of the permit issued.

 

3.      Carrying on work under the permit in a manner which endangers life or property, or which creates any condition which is unhealthy, unsanitary or declared by any provision of this revision to constitute a nuisance. 

 

The procedure for revoking a permit shall be the same as that set forth in this revision for the revocation of licenses, except that the initial hearing shall be before the board of commissioners in charge of the road department with a right of appeal to the board of commissioners, and the chairman may provide in his decision that the revocation shall not become effective, if the permittee corrects the violation within a specified period of time.

 

  1. Modification of Permit Conditions.  In a special case, then board of commissioners may, by resolution, impose special conditions to which the issuance of the permit may be subject, or may decide that any provision of this section shall not apply or shall be altered.