A. 
Before any persons, contractors or public utilities shall proceed to open or break the surface of any street, alley or right-of-way, they shall first obtain a permit from the Borough.
B. 
Application for permits must be completed on forms furnished from the Borough, showing location, size and relationship to any intersecting streets and/or curblines.
A. 
Borough Council shall establish, by resolution, a fee schedule for all excavation permits and pavement impact fees for any opening, excavation, impact, or other procedure involving any street, alley or right-of-way in the Borough, from time to time, as Borough Council shall determine. Any permit application, or any such activity, shall require the payment of such fee prior to the taking of any action by any entity with respect to any street, alley or right-of-way. The fees set forth in the schedule adopted by resolution shall include administration and inspection costs.
B. 
A pavement impact fee will also be charged for all excavations in public roadways maintained by the Borough as stipulated in the master schedule of fees resolution. This pavement impact fee will be tripled for any excavations in roadways that have been constructed, reconstructed, overlaid or have received a surface sealcoat within three years of the permit date.
C. 
Permit fees and/or pavement impact fees may be adjusted depending on a particular situation, either by the Director of Public Works or the Director of Administration and Finance.
D. 
Backfilling and restoration requirements for street excavations. All street excavations within the Borough shall be backfilled and restored as follows:
(1) 
All loose soil, rubble, etc., shall be removed from the site.
(2) 
Excavations shall be cut back and squared a minimum of 12 inches on each side.
(3) 
Excavations shall be backfilled a minimum of 10 inches below grade with 2A modified and mechanically tamped at each lift, not to exceed eight-inch intervals.
(4) 
A minimum of four inches of 25 mm base course shall be placed and compacted over the modified, leaving room for a minimum of 1 1/2 inches of 9 mm wearing course to grade.
E. 
A permit shall not be issued for more than five excavations within a street block or within a distance of 500 feet. Special arrangements shall be made with the Borough.
F. 
Except in clear cases of emergency, the applicant for the permit shall have his or her application in the Borough Codes Office at least five days prior to the beginning of work.
It shall be the duty of the person, firm, corporation or public utility to whom a permit has been issued to protect all openings, materials and obstructions of any kind in any street or alley by using approved reflective/illuminated safety devices, which shall remain in place between sunset and sunrise, and any additional protection as may be required by the Director of Public Works and/or the Borough Engineer.
All openings or ditches shall be refilled immediately by the person, firm or corporation to whom the permit has been issued, with suitable materials thoroughly compacted. All of the work of the digging of the ditch or of making the excavation or of filling the same shall be done under the supervision of the Borough Engineer or of his agent or representative. Such excavation made in any street or alley shall be made in a manner so as to interfere as little as possible with the travel thereon. No ditch or excavation shall be allowed to remain open for more than two weeks.
A bond with good and sufficient surety to be approved by the Borough shall be required from all persons, firms or corporations before any permit is issued. Said bond shall be given to the Borough of Downingtown, conditioned to indemnify, protect, defend and save harmless said Borough from any and all actions, suits, damages and costs that may in any manner arise from the opening of any ditch or excavation in any street or alley. The amount of said bond shall be fixed and determined by the Borough, but in no case shall the amount be less than $1,000.
Any person who shall violate the provisions of this article, upon conviction thereof in an action brought before a magisterial district judge in the manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure, shall be sentenced. to pay a fine of not more than $1,000 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 90 days. Each day that a violation of this chapter continues or each section of this chapter which shall be found to have been violated shall constitute a separate offense.