(A) Application for permit. Application in writing shall be made to the borough at the Borough Hall, 205 S. Callowhill Street, Topton, Pennsylvania 19562, or at such other address as Borough Council may from time to time designate by resolution, on the appropriate form and signed by the person making the proposed street opening or excavation, setting out the location of the proposed work, opening or excavation, the size thereof and the purpose therefor. The person making and signing said application shall comply with all the provisions of this section as hereinafter set forth.
(B) Issuance of permits. Permits will only be issued to utilities.
(C) Time extension. A permit is valid for a one-year period as specified on the permit. If the permittee has not completed all authorized work by the completion date specified on the permit, an application shall be submitted requesting a time extension on the permit. If approved, a supplement will be issued by the borough.
(D) Extension of permit scope. Whenever the excavation, opening or trench exceeds the size set forth in the application, an amendment to the permit must be secured within 48 hours to cover such extra excavation, opening or trench.
(E) Filing fee and certificates of insurance. The application shall be accompanied by a filing fee as established from time to time by appropriate resolution duly adopted by the Borough Council. In addition, a certificate of insurance covering the utility who will be making the excavation opening or trench shall also be submitted as set forth in § 94.35(L) before the permit is issued.
(F) Deposit and bonding. Except for public utility corporations operating under a franchise covering an area in whole or in part within the borough, the application shall be accompanied by a deposit or bond with a surety that is licensed to transact such business in the commonwealth, in double the deposit amount to cover the cost of temporary and permanent restoration and to cover the cost of all inspections made by the Borough Inspector or Manager within the improved area of the right-of-way of the street resulting from the permitted work in the event that the borough shall make the said restoration. The borough may, at its option, permit the applicant to make said restorations, but a deposit or bond in double the deposit amount shall nevertheless accompany the application as a guarantee that the said restorations will be made. In either event, the amount of the deposit or bond shall be established by the Borough Manager.
(G) Bonding of public utilities.
(1) Public utility corporations operating under a franchise covering an area located in whole or in part within the borough shall have on file with the borough a bond in the amount of $5,000 or as may from time to time be established by resolution of Borough Council with a surety that is licensed to transact such business in the commonwealth, which bond shall be renewed annually, covering the cost of temporary and permanent restoration and covering the cost of all inspections made by the borough Inspector or Manager pertaining to all openings or excavations made or to be made in a calendar year, or shall furnish a bond in the amount determined by the Borough Manager covering the aforesaid costs pertaining to proposed openings or excavation set out in the application. The aforesaid bonds shall have either corporate surety or other surety approved by the Borough Solicitor and shall be conditioned to indemnify the borough in the event of any loss, liability or damage that may result or accrue from or be due to the making, existence or manner of guarding or constructing any such opening or excavation during the term of said bond.
(2) Said bonds shall be approved or disapproved by the Borough Solicitor. The bond shall then be filed with the Borough Manager.
(H) Municipal exemption. Any municipality authority created by the borough shall be exempt from filing the permit fees, deposits and bonds, and from the inspection requirements of divisions (E), (F), (G) above and (K) below. Any department of the borough shall be exempt from all regulations and requirements of this subchapter.
(I) Blasting bond and pre-blast inspections. When the applicant anticipates that blasting operations will be necessary in order to perform the permitted work, an executed blasting bond shall be submitted with the application as set forth in § 93.35(M). The Borough Manager shall determine the amount of the blasting bond. In addition, the Borough Manager shall also determine the need for pre-blast inspections of structures or facilities which may be affected by the permitted work. Costs for said inspections shall be borne by the applicant.
(J) Traffic control plan. When the applicant anticipates that it will be necessary to close a portion of a street to vehicular traffic in order to perform the permitted work, the applicant shall submit a traffic control plan with the application for review and approval by the Borough Manager and Police Department prior to issuance of the permit.
(K) Additional inspection fees. If the Borough Manager determines that the permitted work is of sufficient magnitude or importance to warrant assignment of one or more Borough Inspectors to inspect the permitted work on a more than spot inspection basis, the applicant shall be charged for all salary, overhead and expenses incurred by each assigned Inspector and the Borough Manager.
(L) Authorization to begin work. Upon application duly made in accordance with the regulations set forth in this subchapter, a permit will be issued by the Borough Manager subject to this subchapter and the conditions contained on the permit and its attachments and supplements. The permit will be the applicant’s authority to proceed with the work and will also serve as a receipt for the fees accompanying the application.
(M) Work completion notification. When all permitted work has been completed, the Borough Manager shall be notified within 48 hours of the completion of all work.
(N) Additional deposits and fees. Should the costs of restorations and/or inspections completed by the borough exceed the amount of the deposit or bond, the applicant shall, upon written notification by the borough, immediately reimburse the borough for any portion of the costs associated with making the said inspections and/or restorations not covered by the deposit or bond.
(O) Return of deposit or bond. When the borough permits the applicant to make the restorations in accordance with the requirements of § 94.36, the borough shall, within 45 days of written notification of completion of final restoration, return the portion of the deposit or bond, other than the bond of a public utility corporation set forth in division (G) above, which was being held as a guarantee for the performance of the said restorations.
(Ord. 1-1984, passed 3-12-1984)