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[HISTORY: Adopted by the Borough Council of the Borough of Stockertown as indicated in article histories. Amendments noted where applicable.]


Ordinance 2020-2 – SALDO – Adopted 5-4-2020



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]

§ 209-1 Responsibility for removal.

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.

§ 209-2 Removal by Borough after noncompliance.

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.

§ 209-3 Violations and penalties.

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

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]

§ 209-4 Definitions.

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:

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.
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.

§ 209-5 Permit required.

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.

§ 209-6 Application for permit.

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.

§ 209-7 Fees.

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.

§ 209-8 Surface restoration.

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.

§ 209-9 Costs.

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%.

§ 209-10 Specifications for openings and excavations.


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.


No more than 100 feet longitudinally shall be opened in any street at any one time.


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.


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.


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.


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.


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.


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.


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.

§ 209-11 Emergency conditions.

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.

§ 209-12 New water and gas mains.

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.

§ 209-13 Payment to Borough; collection of delinquent charges.

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.

§ 209-14 Violations and penalties.

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

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.

§ 209-15 Applicability.

The provisions of this article shall not apply to laying sidewalks or curbs or to the planting of poles.


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