(A) A street excavation permit shall be obtained before any person, partnership or corporation may:
(1) Open cut any borough road;
(2) Open cut, disturb or replace any sidewalk or curb;
(3) Open cut any driveway;
(4) Utilize any type of device or equipment which tunnels under any borough road; or
(5) Utilize any type of device or equipment which tunnels under any sidewalk, driveway or driveway apron.
(B) Application for a street excavation permit shall be accompanied by:
(1) A completed and signed application form;
(2) The required permit and inspection fee;
(3) The required degradation fee, if necessary;
(4) The required performance guarantee as described;
(5) A site plan as defined;
(6) A location plan which generally indicates the distance the street excavation will occur from the nearest intersecting street;
(7) A profile indicating the elevation(s) of the subsurface facilities which are being removed, repaired, or constructed. This profile shall indicate the depth below the roadway surface at which the work is going to be performed; and
(8) Additional documentation as the borough may require.
(C) The completed application shall be submitted to the borough at the municipal building. Upon receipt, the borough shall:
(1) Review all documentation for completeness and accuracy; and
(2) Review and render a decision regarding the application within ten working days of receipt of said application.
(D) Upon approval of an application, the borough shall provide the applicant with two signed copies of the permit. The applicant must maintain one copy of the approved application at the job site.
(E) The granting of any street excavation permit shall confer a right upon the permittee, subject to the terms and conditions of the permit, to temporarily occupy and use the street surface during the course of construction work covered by the permit, and to thereafter occupy the space within which the work is to be located, subject in every case to the specific right of the borough to require temporary or permanent relocation or removal of any of the facilities entirely at the permittee's expense in the event said facilities are in conflict with the borough's interest or the public interest in the use of the street.
(F) In granting any permit, the borough may attach such special conditions thereto as may be reasonably necessary to protect public and private property.
(G) By accepting the permit, the applicant agrees to perform the work in accordance with the terms and conditions of the permit, and of any special conditions which may be attached thereto, and to save and hold harmless the borough, its officers, employees and agents from any costs, damages and liabilities which may accrue by reason of the work.
(H) Every permit issued hereunder shall expire 60 days after it is issued. If the permittee shall be unable to complete the work within the specific time, he or she shall, prior to expiration of the permit, present in writing to the borough a request for an extension of time, setting forth therein the reasons for the requested extension. If, in the opinion of the borough, such an extension is necessary, the permittee may be granted additional time for the completion of the work.
(I) The applicant must notify the borough and Public Works Department at least 24 hours before work is commenced and shall not backfill any open cut before the inspector has inspected the site.
(J) The borough may revoke any permit issued under the provisions of this subchapter if it deems that the terms of the permit are being violated. Upon revocation of the permit, the borough shall provide the permittee with a written explanation of the terms of the permit which are being violated and establish a time frame under which the permittee must complete all necessary reparations to bring the job into compliance with the provisions of the permit.
(K) If final paving repairs are not completed to the satisfaction of the borough, the borough reserves the right, after notice to the permittee, to complete final paving repairs, including the removal of substandard work. These repairs will be funded by the performance guarantee which the permittee must provide. Upon the satisfactory completion of all work, the borough shall issue a final completion certificate and return the required performance guarantee or portion thereof.
(L) By accepting the permit, the applicant agrees to perform the work in accordance with PennDOT's Publication 213 - Work Zone Traffic Control Guidelines.
(Ord. 1484, passed 4-18-2022, § 2)