Chapter 4.45
EXCAVATION IN BOROUGH ROADS

Sections:

4.45.010    Construction, repair, maintenance, and excavation in public streets.

4.45.020    Reconstruction.

4.45.030    Traffic safety.

4.45.040    Failure to reconstruct.

4.45.050    Prohibition of waiver.

4.45.060    Definitions.

4.45.070    Applicability.

4.45.080    Enforcement.

4.45.010 Construction, repair, maintenance, and excavation in public streets.

A. It shall be unlawful for any person, firm, corporation, municipality, or other entity hereinafter called the “contractor” or “applicant” to tunnel, to make any excavation, or to perform any other work in any road, street, alley or other public easement or right-of-way in a borough road service area, without having first obtained a permit as is herein required, or without complying with the provisions of this chapter, or in a manner which is in violation of or at variance with the terms of any such permit.

B. Application for such permit shall be made to the resource management officer, or authorized representative, on forms prescribed, and shall:

1. Describe the location of the intended excavation or tunnel and the size thereof;

2. Describe the purpose therefor;

3. List the name and address of the person, firm, corporation, municipality, or other entity doing the actual excavating work and the name and address of the person, firm, corporation, municipality, or other entity for whom the work is being done;

4. Describe a plan for controlling and directing traffic during the excavation;

5. Contain a provision that all work is being done at the applicant’s risk, and that the applicant realizes there may be substantial risk of damage to buried utilities and to third parties who may be injured;

6. State that the borough has not supplied information as to the location of underground utilities, or if it has that such information is only approximate and not all-inclusive;

7. Contain an agreement that the applicant will comply with all codes, ordinances and laws relating to the work done; and

8. Include a certificate of insurance certifying that insurance will be maintained throughout the construction period in the following minimum requirements:

Comprehensive general liability insurance including products and completed operations, explosion hazard, underground property damage hazard, and contractual liability for limits not less than:

Two hundred fifty thousand dollars each occurrence for bodily injury sustained by one or more persons as the result of any one occurrence, $500,000 aggregate for bodily injury sustained during the policy year, and $250,000 each occurrence for property damage, and $500,000 aggregate for property damage during the policy year.

The borough must be added as an additional insured on the applicant’s insurance policy.

C. The applicant shall require all subcontractors performing work on the excavation to meet all the foregoing insurance requirements before commencing any work at the site.

D. The resource management officer, or authorized representative, may waive the requirement to furnish a certificate of insurance if the applicant has a current certificate already on file with the borough. The insurance requirement may be waived for driveway or access construction from land abutting a public road unless such construction involves damage to the existing road surface or foundation. Otherwise, the insurance requirement cannot be waived.

E. No permit shall be issued to any applicant until the applicant has deposited with the borough cash or a bond in an amount sufficient to accomplish the reconstruction hereafter required, as determined by the resource management officer or authorized representative. The borough may, at its discretion, accept other sufficient security for the performance of said reconstruction. Such security deposit shall be held by the borough until satisfactory completion of such reconstruction.

F. The requirement for security deposit may be waived at the resource management officer’s discretion in the case of:

1. Work to be performed by a contractor performing road construction or improvement work under contract with the borough or any agency thereof;

2. Work to be performed with the approval of the borough as a public service, without compensation;

3. Work to be performed which is deemed by the borough, in its discretion, to involve only minor damage to an existing road;

4. Work to be performed on a road which is scheduled to be resurfaced, regraded, or otherwise improved during the period immediately following the work proposed by the applicant;

5. Driveway or access construction from land abutting a public road unless such construction involves damage to the existing road surface or foundation; or

6. A public utility that has successfully completed work within the borough road right-of-way for the last three consecutive years.

G. The resource management officer may issue an annual permit for routine preventive maintenance, emergency, or trouble call services. Maintenance shall not include installation or construction of new facilities.

H. The resource management officer shall require a reasonable permit fee which may not exceed the actual cost to the municipality of the utility’s use of the public way and of administering the permit program. [Ord. 98-04 §2, 1998; Ord. 90-34 §2, 1991].

4.45.020 Reconstruction.

Any person, firm, corporation, municipality, or other entity performing excavation or construction in or on any road, street, alley, or other public easement or right-of-way in a borough road service area shall upon completion of such excavation or construction restore any portion of the road, street, alley or other public easement or right-of-way on which the work took place to the standards of its original construction. Original shoulder alignments shall be preserved, and the driving surface be compacted to the same degree existing prior to the excavation or construction. Strict restoration of original natural conditions is not required so long as the site is protected from erosion and restored to a state of natural equilibrium. [Ord. 90-34 §2, 1991].

4.45.030 Traffic safety.

The applicant shall be responsible for safety of the general public and for control of traffic flow and access to and from the road during the period of construction. The borough may, but is not required to, attach conditions to any permit prescribing standards for safety, traffic control, and access during construction. [Ord. 90-34 §2, 1991].

4.45.040 Failure to reconstruct.

If the applicant fails, refuses, or neglects to restore the road, street, alley, or other public easement or right-of-way in question in accordance with the provisions of this chapter within the time prescribed by the borough at the time of issuance of the permit, or if reconstruction fails to meet the standards prescribed by this chapter, the borough may accomplish the reconstruction and charge the cost of so doing to the security deposited by the applicant. Upon completion of such reconstruction, any security remaining shall be returned to the applicant. If the security deposited is inadequate to accomplish such reconstruction, the borough shall notify the applicant of such deficiency and such amount shall be paid by the applicant to the borough within 15 days of such notification. [Ord. 90-34 §2, 1991].

4.45.050 Prohibition of waiver.

The security and insurance requirements of this chapter may be waived under the circumstances specified above. There shall be no waiver of the reconstruction requirement of this chapter. [Ord. 90-34 §2, 1991].

4.45.060 Definitions.

“In any road, street, alley or other public easement or right-of-way,” as used in this chapter, refers to excavation or construction within the area of any public right-of-way in which an improved public road is located. [Ord. 90-34 §2, 1991].

4.45.070 Applicability.

The provisions of this chapter shall apply to all public roads located within a service area having road construction or road maintenance powers, except roads which are maintained by an entity other than the borough. [Ord. 90-34 §2, 1991].

4.45.080 Enforcement.

A. The borough may maintain a civil action to enjoin a violation and enforce compliance with this chapter. In addition to an injunction, any person who has willfully violated any provision of this chapter shall pay to the borough a civil penalty in the amount of two times the cost of remedying the violation.

B. The borough may remedy a violation of this chapter. In addition to retaining any security posted under this chapter, the borough may maintain a civil action against any person who violates this chapter to recover any portion of the cost of remedying the violation which has not actually been paid by the security. In addition, if the violation was willful, the borough may recover a civil penalty in the amount of two times the cost of remedying the violation. [Ord. 90-34 §2, 1991].