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[HISTORY: Adopted by the Borough Council of the Borough of
Stockertown as indicated in article histories. Amendments noted where
applicable.]
NEW
Ordinance 2020-2 – SALDO – Adopted 5-4-2020
GENERAL REFERENCES
Uniform construction codes - See Ch. 98.
Nuisances - See Ch. 147.
Numbering of buildings and street naming - See
Ch. 154.
Property maintenance - See Ch. 177.
Sewers - See Ch. 191.
Subdivision and land development - See Ch. 213.
Vehicles and traffic - See Ch. 228.
Zoning - See Ch. 250.
[Adopted 2-1-1965 by Ord. No. 119]
The owner, occupant or tenant of every property fronting upon
or alongside of any of the streets in the Borough of Stockertown is
hereby required to remove or cause to be removed from all the sidewalks
in front of or alongside of such property all snow or ice thereon
fallen or formed within 24 hours after the same shall have caused
to fall or to form. The owner of a property shall be responsible for
carrying out the requirements of this section where such property
is occupied by the owner or is unoccupied or vacant or if such property
is a multiple-business or multiple-dwelling property; the tenant or
occupier of a property shall be responsible therefor where such property
is a single unit, occupied for business, residential or other purposes
by one tenant or occupier only.
In any case where the owner, occupier or tenant, as aforesaid
shall fail, neglect or refuse to comply with any of the provisions
of § 209-1 of this article within the time limit prescribed
therein, the Borough authorities may proceed immediately to clear
all snow and/or ice from the sidewalk of such delinquent, and to collect
the expenses thereof, with any additional amount allowed by law, from
such owner, occupier or tenant as the case may be, which may be in
addition to any fine or penalty imposed under § 209-3 of
this article.
Any owner, occupant or tenant who shall fail to remove any snow
or ice from any sidewalk as required by the first section of this
article shall, upon conviction thereof before the Mayor or any Magisterial
District Judge of the Borough, be sentenced to pay a fine of not more
than $600 and costs of prosecution and, in default of payment thereof,
to imprisonment in the county jail for not more than 30 days. Such
fines and costs may be in addition to any expenses and additional
amounts authorized by law, imposed as provided in § 209-2
of this article.
[Adopted 5-24-1999 by Ord. No. 1999-4]
The following words, when used in this article, shall have the
meanings ascribed to them in this section, except in those instances
where the context clearly indicates otherwise:
- PERSON
- Includes any natural person, partnership, firm, association
or corporation. In this article, the singular shall include the plural
and the masculine shall include the feminine and the neuter.
- STREET
- Any public street, avenue, road, square, alley, highway,
public right-of-way, or other public place located in the Borough
and established for the use of vehicles.
It shall be unlawful for any person to open or to make any excavation
of any kind in any of the streets in the Borough without first securing
a permit therefor as hereinafter provided.
Any person who shall desire to make any openings or excavation
in any of the streets in the Borough shall make application to the
Borough Engineer, in writing, for the purpose. Such application shall
be made upon blanks to be furnished by the Borough, which may be secured
at the Borough Municipal Building, and shall set forth the name of
the applicant, the exact location of the proposed opening or excavation,
and the approximate size or depth thereof, and shall contain an agreement
on the part of the applicant that the work shall be done in full compliance
with the ordinances of the Borough and the laws of the commonwealth
in relation thereof, and that the applicant shall well and truly save,
defend and keep harmless the Borough from and indemnify it against
any and all actions, suits, demands, payments, costs and charges for
or by reason of the proposed opening or excavation, and all damages
to persons or property resulting in any manner therefrom, or occurring
in the prosecution of the work connected therewith, or from any other
matter, cause or thing relating thereto.
Before any permit shall be issued to open or excavate any street
in the Borough, the applicant shall pay the to the Borough a fee as
determined by the Department of Transportation in its regularly published
schedule of fees for highway occupancy permits and state highway restoration
charges as existing on the date of the ordinance, and as said schedule
of fees is hereafter amended by the Department of Transportation.
Any person who shall open or excavate any improved street in
the Borough shall thoroughly and completely refill the opening or
excavation, including compacting as required, so as to prevent any
settling thereafter; and shall restore the surface to the same condition
as it was before the opening or excavation, and such restoration shall
be in accordance with the specifications of the Department of Transportation
of the Commonwealth of Pennsylvania which are hereby adopted as specifications
of the Borough for restoration of surfaces of streets in the Borough;
as restored, the surface shall conform to the proper grade and be
of the same surface covering as the part of the thoroughfare immediately
adjoining the opening. If within two years after the restoration of
the surface as herein provided, defects shall appear therein resulting
from defective backfilling by the applicant, the applicant shall reimburse
the Borough for the cost of all necessary repairs to the permanent
paving.
All other work in connection with openings in any street, including
excavation, protection, refilling and temporary paving, shall be done
by the applicant at his expense, and all such work shall be subject
to the provisions of this article and to the supervision and approval
of the Borough Engineer, whose costs shall be at the expense of the
applicant for all review and inspections as may be required, provided
that the Borough Engineer may require that cutting of the surface
of improved streets and the backfilling of all excavations therein
shall be done by the Borough and the charge therefor shall be paid
by the applicant on the basis of actual cost of the work plus 20%.
A. No opening or excavation in any street shall extend from the curbline
into the highway a distance greater than one foot beyond the center
line of the street before being refilled and the surface of the highway
restored to a condition safe and convenient for travel.
B. No more than 100 feet longitudinally shall be opened in any street
at any one time.
C. The work of excavation shall be so conducted as not to interfere
with the water mains, sanitary sewers or their connections with the
houses, or any other subsurface lines or constructions, until permission
of the proper authorities in connection with such subsurface lines
or constructions shall have been obtained.
D. No tunneling shall be allowed without the express approval of the
Borough Engineer and permission therefor endorsed upon the permit.
The backfilling of a tunnel excavation shall be made only in the presence
of the Borough Engineer or an inspector designated by him, and shall
be done only in a method approved by him.
E. All openings or excavations shall be backfilled promptly with suitable
materials and thoroughly compacted in layers, each of which shall
not exceed six inches in depth. On improved streets, the backfilling
shall be placed to within 10 inches of the surface.
F. On improved streets, a temporary paving of suitable stony materials,
thoroughly bound and compacted, shall be installed flush with the
surface of the adjoining paving.
G. 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 excavating 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 whatsoever, which may or shall be occasioned
at any time by the said excavation, or by any leak, explosion or other
injury from any pipe, apparatus, conduit, or any other matter placed
in the said excavation.
H. The applicant shall notify the Borough Engineer when the opening
or excavation is ready for backfilling before any backfilling is done,
when the work is completed by proper backfilling in the case of unimproved
streets and by temporary paving in the case of improved streets, as
well as at the time of final permanent paving.
I. In the event that any work performed by or for a permit holder shall,
in the opinion of the Borough Engineer, be unsatisfactory and the
same shall not be corrected in accordance with his instructions within
the time fixed by him, or in the event that the work for which the
permit was granted is not completed within the time fixed by the Borough
Engineer, the Borough may proceed to correct such unsatisfactory work
or complete any such work not completed, and charge the cost thereof
plus 20% to the applicant.
In the case of any leak, explosion or other accident in any
subsurface pipe, line, construction or apparatus, it shall be lawful
for the person owning or responsible for such pipe, line, construction
or apparatus, to commence an excavation to remedy such condition before
securing a permit, provided that application for a permit shall be
made immediately and not later than the next business day thereafter,
and that all other provisions of this article are fully complied with.
If any such emergency condition shall not be immediately attended
to by the owner or person responsible for such pipe, line, construction
or apparatus, the Borough Engineer, after such notice as he shall
deem necessary under the circumstances of the particular case, shall
proceed to do the work necessary and required by such emergency, and
charge the same on the basis of cost plus 20% to such owner or person.
No new water or gas main shall hereafter be laid or constructed
and no existing water or gas main shall be extended in any of the
streets of the Borough until the exact location thereto and the plan
therefor shall have been first approved by the Borough.
Payment for all work done by the Borough under the provisions
hereof shall be made by the person made liable therefor under the
provisions hereof within 30 days after a bill therefor is sent to
such person by the Borough. Upon failure to pay such charges within
such time, the same shall be collectible by the Borough in the manner
provided by law for the collection of municipal claims.
Any person, whether as principal, agent or employee, violating
or assisting in the violation of any of the provisions of this article,
shall pay to the Borough a penalty in the amount of not more than
$1,000 plus costs of legal proceedings and, in default of payment
of such fine and costs, imprisonment for a term not exceeding 30 days.
The provisions of this article shall not apply to laying sidewalks
or curbs or to the planting of poles.
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