Note: This Ordinance was amended. See Ordinance # 2018-1

Listed as # 178.

Excavating and Opening of Streets Ordinance

Section 10. Purpose Regulating the making of Openings and Excavations in the streets, Borough curbing and / or rights-of-way of the Borough and providing for penalties for violation.

Section 11. Definition The following words, when used in this Ordinance, shall have the meanings ascribed to them as follows:

(a) Street any public street, avenue, road, alley, right-of-way, easement, highway, or other public place located in the Borough of Bolivar and established for the use of vehicles.

(b) Person includes both singular and plural, and shall apply to any natural person, partnership, firm, association or corporation

Section 12. Application It shall be unlawful for any person to open or make any excavation in any street, Borough curbing, and / or right-of- way in the Borough of Bolivar without first securing a permit therefore as hereinafter provided.

Section 13 Procedure - Any person who shall desire to make any opening or excavation shall make application to the Borough Secretary and / or the Borough Subdivision Officer in writing. such application shall be made upon blanks to be furnished by the Borough Secretary, and shall set forth:

(a) The name of the applicant

(b) The exact location f the proposed opening or excavation

(d) Shall contain an agreement on the part of the applicant that the work shall be completed in full compliance with all of the Ordinances of the Borough of Bolivar and the laws of the Commonwealth of Pennsylvania in relation thereto:

(e) Shall be liable for, defend, and hold harmless the Borough from, and indemnify the Borough against, any and all actions, suits, demands, claims, damages, injuries, payments, costs, attorney fees, and charges for and by reason of the proposed opening or excavation and all damages to persons or property resulting in any manner there from, or occurring in the prosecution of the work connected therewith or from any other matter, cause, or thing relating thereto, and

(f) Within two (2) years after the restoration of the surface as herein provided, if defects shall appear there in resulting from defective back filling by the applicant, the applicant shall reimburse the Borough for the cost of all necessary repairs to the permanent paving.

Section 14 Permit fee

(a) Before any permit shall be issued to open or excavate as set forth in Section 12, the applicant shall pay to the Borough Secretary a permit fee in an amount set by the Borough Council to cover the cost of inspection, other incidental services, administrative costs, and damages in connection therewith. the application as hereinabove set forth shall be retained by the Borough Secretary with a copy transmitted to the Borough Subdivision Officer and Mayor.

(b) The fee for excavation or opening as per this Ordinance is $50.00 for the first 5x5 excavation, and then $3.00 per foot for each foot in any direction outside the 5x5 excavation.

Section 15 Site Restoration Any person who shall open or excavate as per this Ordinance, shall thoroughly and completely refill the opening or excavation so as to prevent any settling thereof and shall restore the surface to the same condition s it was before the opening or excavation. Such restoration shall be in accordance with the specifications of the Pennsylvania Department of Transportation in effect at the time of the restoration and the surface shall conform to the proper grade and be of the same surface as that part of the thoroughfare immediately adjoining the opening.

Section 16 Performance Security All work in connection with the openings in any street, including the excavation, protection, refilling, temporary paving or permanent paving, shall be done by the applicant at the applicant's own expense, subject to the supervision and approval of the Borough Subdivision Officer. The charge shall be paid by the applicant on the basis of the actual cost of the work plus 20% nor shall said security as hereinbefore provided for be released within the period of one year after the completion of the backfilling and without certificate from the Borough Council and / or the Borough Engineer given within that period that the work of the applicant has been approved.

Section 17 Special Requirements

(a) No opening or excavation in any street shall extend from the curb line into a street, a distance greater than one foot beyond the center lane of the street before being refilled and the surface of the street restored to a condition safe and convenient for travel.

(b) The work of the excavation shall be so conducted as not to interfere with water mains, sewers, or their connections with houses, until permission of the proper authorities in connection with such subsurface lines or construction shall have been obtained.

(c) During the making of any excavation in any street, every necessary and reasonable precaution shall be taken by the applicant and the parties making the same to keep the street in a safe and passable condition, both day and night, by guards, barriers, lanterns, and other devices and all permits are granted under and subject to the express condition that the person to whom the same is issued shall indemnify, save and keep harmless the Borough, from any loss in damages or otherwise which may or shall be occasioned at any time by the said excavation, or by any leak, explosion, or other injury from any pipe, conduit or any other matter placed in the excavation.

(d) In the event that any work performed by or for a permit holder shall in the opinion of the Borough Council, the Borough Council persons assigned by Council to the Borough street and / or the Borough Engineer, be unsatisfactory and the same shall not be corrected to either satisfaction within the time fixed by him, the Borough may proceed to correct such unsatisfactory work and charge the cost thereof plus 20% to the applicant.

(e) Any "One Call" charges assessed to the Borough because of the applicant's inquiry, said expenses assessed to the Borough shall be the applicant's responsibility.

(f) Any person not having paid any prior permit fee as per this Ordinance shall not receive a permit until the prior fees and costs of all penalties are paid and the new fees are paid.

Section 18 Emergency Situations

(a) If any emergency shall arise, it may be lawful for the person owning or responsible for the pipe, line, construction, or apparatus, where necessary to commence an excavation to remedy such condition before securing a permit, providing that the application for permit shall be made not later than the next business day thereafter and all other provisions of this Ordinance be fully complied with. If any emergency condition shall not be immediately attended to by the owner or person responsible, the Borough council and / or the Borough Engineer, after such notice as he shall deem necessary, shall proceed to do the necessary required work of such emergency and charge the same on the basis of cost plus 20% to the person responsible.

(b) In case of emergency as per this Section, the fire department must be notified, and written confirmation of said notice shall be made within 24 hours.

Section 19 Collection Payment for all work done by the Borough under the provisions hereof shall be made by the person responsible therefore, under the provisions hereof, within thirty(30) days after a bill is sent to such person by the Borough Secretary. Upon failure to pay such charge within such time, the same shall be collectible by the Borough in the manner provided by law for the collection of municipal claims.

Section 20 Penalties Any person, whether as principal, agent, or employee, violating or assisting in the violation of any of the provisions of this Ordinance shall, upon conviction thereof, before any District Magistrate having jurisdiction, pay a fine of not less than $100.00 and not more than $1,000.00. Borough attorney fees and in default of the payment of such fine and costs of prosecution, shall be imprisoned for not more than 30 days. The penalty shall be assessed at a rate of $12.00 per foot of excavation of each foot not attained by permit.

Ordained and enacted by the Council for the Borough of Bolivar during a duly advertised and convened meeting wherein a quorum was present and this Ordinance was voted upon and enacted on this 3rd day of August 1992.

Patricia Short

Council President

Attest:

Approved:

Florine Bella

Secretary

John C. Seidell

Mayor

Original Ordinance on file in Vault