Article 1
Streets
A. Street Excavations and Openings
§12-101 Definitions.
The following words, terms and phrases shall have the meanings given herein. When not inconsistent with the context, words used in the singular include the plural, and words in the plural include the singular, and words used in the present tense include the future. The word “shall” is always mandatory.
Borough - the Borough of Cornwall, Lebanon County, Pennsylvania.
Excavation - any break or opening in the surface or subsurface of any street, alley or public place in any manner whatsoever.
Facility - any pipe, sewer, drain, conduit, tunnel, manhole, duct, vault, buried wire, cable, meter, gauge, valve, regulator, junction box, transformer, tower, wire, pole, anchor, phone booth, curb, curb and gutter, sidewalk, driveway or any other object, structure or material of any kind, whether mentioned herein or not, which may be lawfully constructed, left, placed or maintained in, across, under, over, upon or along any public place.
Person or persons - any person or persons, corporation, partnership, individual, association, company or any organization.
Public place - any Borough street, road, highway, avenue, lane, place, way, alley, footpath, sidewalk, park or any public property owned or controlled by the Borough.
Street - any Borough or state street, road, highway, avenue, lane, place, way, alley, footpath, sidewalk, park or any public property owned or controlled by the Borough.
(Ord. 2005-3, 9/12/2005, §1)
§12-102 Permits.
It shall be unlawful for any person to make, cause or permit to be made or caused, any excavation or opening in or under the surface of the ground or paved areas, within the boundaries of any public place, for any purpose without first obtaining from the Borough a permit therefore before such work is begun, and complying with such other requirements herein specified.
(Ord. 2005-3, 9/12/2005, §2)
§12-103 Application for Permit.
Before such permit is issued, a written application on a form to be furnished for that purpose by the Borough must be filed with the Borough Clerk. The written application shall state the name, address and principal place of business of the applicant, setting forth the purpose for which the said public place is to be excavated, the location and dimension of said excavation and the purpose of any installations. The applicant shall agree to assume all liability for all or any damage to person or property accruing to the public, or to the said Borough which may be or might result from the opening, excavating or occupying of said public place.
(Ord. 2005-3, 9/12/2005, §3; as amended by Ord. 2009-1, 7/13/2009)
§12-104 Insurance.
At the time of the filing of the application, the applicant shall provide to the Borough proof of general liability insurance to protect the applicant, the party performing the work and the Borough in accordance with the limits of insurance as adopted by resolution of the Borough Council. The applicant and/or the party performing the work shall also provide the Borough with proof of workmen's compensation insurance, special hazard insurance, property damage insurance, automobile insurance, truck insurance and blasting damage insurance in all cases where the Borough deems the insurance coverage necessary.
(Ord. 2005-3, 9/12/2005, §4)
§12-105 Fees and Costs.
1. At the time of filing of the application for permit, the applicant shall pay to the Borough the amount of the permit fee as established by resolution of the Borough.
2. In any case where the Borough requires the Borough Engineer to become involved in the review of plans for the work or inspection of the work, the applicant shall pay to the Borough the cost of the engineering services.
(Ord. 2005-3, 9/12/2005, §5)
§12-106 Performance of Work.
All excavation work and restoration work shall comply with the requirements as provided in any Borough ordinance, resolution or regulation as established by the Borough.
(Ord. 2005-3, 9/12/2005, §6)
§12-107 Protection of Existing Facilities.
The permittee shall determine the existence and location of existing facilities and avoid conflict with them. No facility owned by the Borough shall be moved to accommodate the permittee, unless permission is granted by the Borough and the cost be borne by the permittee. The permittee shall support by the latest approved methods all facilities affected by the excavation work, and do everything necessary to support, sustain and protect them, under, over, along or across the work. In case any existing facility is damaged, it shall be repaired at the expense of the permittee. The permittee shall also be responsible for any damage resulting to any public or private property by reason of the damage to any existing facility caused by permittee or any person employed by permittee.
(Ord. 2005-3, 9/12/2005, §7)
§12-108 Opening Paved Streets Within 3 Years.
It shall be unlawful for any person, firm or corporation to dig, excavate or construct in, on or under any newly paved street, highway, road or alley for a period of 3 years following the date of completing the paving or repaving of said surface. Whenever any person, firm or corporation desires to dig, excavate or construct in, on or under any street, highway, road or alley of the Borough, he shall first make application to the Borough for a permit. If the Borough approves of the issuance of the permit, the Borough shall provide such specifications as are deemed necessary for the protection of the integrity of the Borough street, highway, road or alley, which may include specifications for a complete overlay of the area affected by the excavation. This requirement shall also specifically apply to any person, firm or corporation that receives permission from the Borough to dig, open or excavate in or under any street, highway, road or alley of the Borough for emergency purposes.
(Ord. 2005-3, 9/12/2005, §8)
§12-109 Emergency Openings Within 3 Years of Paving.
In case of any emergency, the Borough may grant permission to dig, open or excavate in or under any street, highway, road or alley within the period of 3 years upon application therefore accompanied by a fee established by resolution of the Borough, and payable to the Borough, which fee shall be in addition to any charge now made for a permit to dig, excavate or open a street.
(Ord. 2005-3, 9/12/2005, §9)
§12-110 Bonding.
1. Public utility companies desiring to open a street shall obtain an unexecuted bond of indemnity from the Borough. The bond of indemnity shall be properly executed and filed with the Borough. Such bond shall be in the amount of $50,000 and shall cover street opening work performed in 1 calendar year and shall be for the same amount each year thereafter, unless otherwise required to be adjusted by the Borough. Any approved bond amount adjustment shall also be applied to the bond for the calendar year immediately following the year in which the adjustment was made. A bond of indemnity shall be furnished separately for each calendar year and each shall be in effect for 24 months.
2. All other persons including contractors performing work and desiring to open a street shall furnish a properly executed corporate surety bond or letter of credit. Such bond shall be executed by a reputable surety company licensed to do business in the Commonwealth of Pennsylvania.
3. Such bond or letter of credit shall cover street opening work performed during one calendar year. The bond or letter of credit shall be in effect for two 24-month periods. The amount of the surety bond or letter of credit shall be $5,000 unless any street excavation and restoration work for a single project exceeds such amount equal to the difference between the $5,000 and the dollar amount computed in accordance with the following schedule:
|
Pavement Structure |
Amount of Bond per Square Yard |
|
Concrete foundation with asphalt surface |
$30 |
|
Cement concrete surface streets |
$30 |
|
Bituminous concrete surface with bituminous or stone base |
$30 |
|
Macadam |
$12 |
(Ord. 2005-3, 9/12/2005, §10)
§12-111 Penalty.
Any person who violates or permits the violation of this Article, including any amendments to this Article, unless the Section of the Code of Ordinances specifically provides for penalty, fine or enforcement, shall, upon being found liable therefore in a civil enforcement proceeding commenced by Cornwall Borough in a determination made by the applicable magisterial district judge, pay a fine of not less than $500 nor more than $1,000 to the Borough, plus all court costs, including reasonable attorney's fees, incurred by Cornwall Borough. A separate offense shall arise for each day or portion thereof in which the violation is found to exist. If the violator fails to pay the amount of the judgment after the time for appealing the final judgment has expired, Cornwall Borough may enforce the judgment pursuant to the applicable Rules of Civil Procedure.
(Ord. 2005-3, 9/12/2005, §11; as amended by Ord. 2009-1, 7/13/2009)
B. Placing Snow and/or Ice on Streets.
§12-121 Definitions.
Nothing in this Article 1B shall supplant any provision of §12-212 of the Code of Ordinances.
(Ord. 1994-3, 12/12/1994, §1)
§12-122 Snow and/or Ice Not to Be Placed in Street.
It shall be unlawful for any person to place, plow, or push any snow, ice or slush, whether manually or otherwise, upon or across any street in the Borough of Cornwall, and any person who violates any provision of this Section shall, for every such violation, upon conviction thereof, shall be sentenced to 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 30 days.
(Ord. 1994-3, 12/12/1994, §2; as amended by Ord. 2009-1, 7/13/2009)