[Adopted 8-11-1975 by Ord. No. 923 (Ch. 21, Part 1, of the 1996 Code)]
A. 
No person shall excavate or tear up any portion of any street, lane or alley of the Borough, except state highways, for any purpose whatever without first procuring a permit from the Borough. Application for the permit shall be in writing and signed by some person duly authorized to act for the person for whose use and benefit the excavation is to be made.
B. 
Permits for such work on state highways are issued by the District Office of the Pennsylvania Department of Transportation.
C. 
Notwithstanding the above, no permit fee shall be charged for Borough contracts. However, any person or contractor doing Borough work shall obtain a permit as required by this article and otherwise abide by the regulations contained in this article.
The permit required by § 260-16 shall be issued by the Borough Manager, or his authorized agent, only upon the following conditions:
A. 
The applicant shall pay the cost and expense for all work, including the cost of work and materials mentioned in § 260-19.
B. 
If the applicant for such permit has not filed a bond with the Borough in the sum of $1,000 to secure the payment of all costs, fees and expenses imposed by the terms of this article, which bond had been approved by the Borough Solicitor, the applicant shall, before the permit is issued, deposit with the Borough a sum equal to 200% of the estimated cost and expense.
C. 
If the applicant for a permit has filed such bond, then payment of the costs and expenses herein referred to shall be made by such persons to whom permits are issued within 10 days after bills have been rendered by the Borough showing the amount due under the terms of this article on account of each and every permit issued.
D. 
The applicant for such permit shall state in his application that he understands the same is issued pursuant to the terms and conditions of this article and that in consideration of the issuance to him of such permit he or they agree to pay the costs and expenses incident thereto under the terms and conditions thereof.
E. 
If the applicant for such permit wishes to excavate for the purpose of laying sanitary or storm sewer laterals, gas or water service pipe, the applicant or some person duly authorized to act for him, shall first secure the approval of the Borough Manager.
A. 
In case of proposed excavations for laying gas, water, sewer or other mains, conduits, etc., in streets, lanes or alleys now occupied, or in case of proposed excavations for laying gas, water, sewer, or other mains, conduits, etc., or relaying or taking up old ones in streets already or hereafter occupied, or in case of new proposed house connections, or in case of proposed excavations for repairing any gas, water, sewer or other pipes, the person desiring to make such excavations shall first submit to the Borough Manager a plan or sketch, and specifications covering the proposed work. The plan or sketch shall indicate the street proposed to be excavated or torn up, and the location, kind and size of pipes to be laid, relayed or repaired. All underground utilities shall be a minimum of three feet deep measured from top of utility.
B. 
Plans and specifications for excavations for mains and conduits shall also be approved by the Borough Engineer.
[Amended 9-8-1992 by Ord. No. 10-92; 5-6-1996 by Ord. No. 4-96]
The charge or fee for excavation permits under this article shall be as follows:
A. 
On all streets or alleys within the Borough whether paved, blacktopped, earth, shale, cinder or unimproved, shall be as established from time to time by resolution of Borough Council.
B. 
Excavation cuts for purposes of this section will be measured for purposes of determining the fee by the actual measurement of the cut. In addition, the measurement shall include a charge for an additional 12 inches so that restoration may be made in accordance with specifications and in accordance with § 260-25 of this article.
C. 
On curb cuts from the back of the curb to sidewalks, there shall be no restoration charge or permit fee under this section. However, a permit for such cuts shall be required.
A. 
The Borough Manager, or his authorized agent, shall keep a record of the date of issuing such permit and/or the place, character and extent of the proposed excavations.
B. 
It shall be the responsibility of the contractor who has obtained the permit to restore the street in accordance with specifications of § 260-25; and such contractor shall be held responsible for said restoration for a period of one year after the restoration. If such contractor fails to restore the street or keep it restored for a period of one year after the initial restoration, the Borough Manager or his authorized agent may take any one of a combination of the following actions in reference to such contractor:
(1) 
Deny such contractor the privilege of making additional street cuts for a period of two years until such work and restoration has been done in accordance with specifications and to the satisfaction of the Borough.
(2) 
The Borough may restore the street in accordance with specifications and cause the contractor to be charged and held responsible for the cost of the same.
Every person making or superintending any excavation shall exhibit the permit issued therefor to any policeman, or any other authorized representative of the Borough, when required to do so. It shall be the duty of any officer to report to the Borough Manager the name of any person making any excavation without a permit, or who is violating or has violated any of the provisions of this article. The Borough Manager, or his authorized agent, is charged with the duty of enforcing the provisions of this article.
Every person, whether owner or contractor, excavating or tearing up any street, lane or alley of the Borough for any purpose whatever, shall place good and sufficient guards by day about the excavations and maintain a lighted lantern of red or amber glass or lighted flare at night, from sunset until sunrise, at each end of the excavation and every intersection of the excavation with any street, alley, or sidewalk and at such sufficient close intervals elsewhere to give effectual notice of such excavation. The issuance of a permit shall not operate to release the holder thereof from any liability for damages on account of any negligence upon the part of the holder of the permit for any excavation authorized by such person.
A. 
The existing paving shall be sawed and drilled (holes six inches on center, if drilled) six inches on each side of trench removed.
B. 
All equipment must have rubber wheels or use rubber matting or similar material four inches wider than the track to protect the road surface.
C. 
There shall be no more than 100 feet of trench left open over night.
D. 
When excavating in any street, lane or alley for the purpose of laying, relaying, taking up or restoring any gas, water, sewer, or other pipes, mains or conduits, not more than 400 feet of lineal measure shall be opened at one time.
E. 
Suitable material from the excavated trench may be retained to provide insulation around and over the top of the pipe, conduit, etc. This material shall be placed or stored on the side of the operation farthest from the road metal or pavement, unless otherwise authorized by the Borough, and in such a manner that there will be no interference with the flow of water in any gutter, drainpipe, culvert, ditch or waterway. The remaining excavated material must be removed from the site unless said material meets specifications for No. 2 R.C. aggregate minimum. The trench must then be backfilled with No. 2 R.C. aggregate or suitable material meeting specifications for No. 2 R.C. minimum compacted in layers not to exceed four inches when using a mechanical tamper, except eight-inch layers will be permitted when approved vibratory compaction equipment is used. Compaction is to be completed to the bottom elevation of the pavement structure.
F. 
Temporary paving shall be placed in accordance with the specifications of § 260-25 of this article immediately following backfill.
G. 
Tunneling under paved streets will not be permitted.
A. 
No portion of any street, lane or alley shall be or remain impassable for vehicular or pedestrian traffic by reason of any excavation for more than one week from the beginning of any work on the same. The Borough office shall, in each case, be notified by the person, procuring the permit for such work, at least 24 hours in advance of the proposed street closing. Any extension of the street closing time without penalty must first be approved by the Borough Manager or his authorized agent.
B. 
No portion of any street, lane or alley shall be or remain impassable for vehicular or pedestrian traffic by reason of any excavation for repairing mains, conduits, or other pipes or appurtenances, or for laying or relaying, new house connections, for more than two days from the beginning of any work on same. The Borough office shall, in each case, be notified by the person procuring the permit for such work at least 24 hours in advance of proposed street closing. Any extension of the street closing time without penalty must first be approved by the Borough Manager or his authorized representative.
C. 
No intersection of the streets, lanes or alleys of the Borough shall be or remain impassable for vehicular or pedestrian traffic for more than five hours, during the work upon any excavation mentioned in this article. Any extension of the street closing time mentioned in this article without penalty must first be approved by the Borough Manager or his authorized representative.
A. 
Temporary paving. Temporary paving restoration shall consist of at least two inches of bituminous material placed on a minimum of eight inches of stone base to bring trench to original grade. If trench settlement occurs, additional bituminous material shall be added to bring trench to the original grade. Temporary paving shall be kept in place for a minimum of 90 days and a maximum of 120 days, weather permitting.
B. 
Final paving. Prior to final paving, the existing base and surface must be sawed or drilled (holes six inches on center if drilled) one foot on each side of the trench removed.
(1) 
Flexible base pavement.
(a) 
The base course shall be replaced with a minimum of six inches high early strength concrete to the elevation of the existing crushed area base course. Following the concrete curing, a tack coat of bituminous material, Type E-1, will be required. After the tack coat has cured, a bituminous binder and surface course shall be placed in accordance with the depths of the existing bituminous surface; but, in no case shall the binder course be less than 1 1/2 inch of ID-2 and the wearing course be less than one inch of ID-1 or FJ-1.
(b) 
If the trench excavation exceeds four feet in width, No. 6 reinforcing bars, placed six inches center to center with a two-inch clear on each end and a three-inch clear on the bottom, must be installed in the concrete base course.
(2) 
Reinforced cement concrete pavement.
(a) 
The base shall consist of high early strength concrete equal in depth of the original concrete pavement, but in no case less than six inches. The surface shall be cured in accordance with § 501.3(n) Form 408 of the Pennsylvania Department of Transportation specifications. After surface corrections have been completed and just before the concrete becomes nonplastic, the surface shall be given a textured finish in accordance with § 501.3(n)4, Form 408 of the Pennsylvania Department of Transportation specifications.
(b) 
If the trench excavation exceeds four feet in width, No. 6 reinforcing bars, placed six inches center to center with a two-inch clear on each end and a three-inch clear on the bottom must be installed in the concrete base course.
(c) 
All materials, curing and finishes mentioned in this section shall conform to the Pennsylvania Department of Transportation specifications Form 408.
(3) 
Reinforced cement concrete pavement with bituminous surface. If the pavement structure is a reinforced cement concrete pavement with a bituminous surface, the method of temporary paving shall be as set forth in Subsection A and final paving shall be as set forth in Subsection B(1).
(4) 
Dirt streets or alleys.
(a) 
A minimum of eight inches of stone base shall be placed to bring the trench to original grade. If trench settlement occurs, additional stone base shall be added to bring the trench to the original grade.
(b) 
After the stone base is applied, the full width of the street or alley shall be graded and rolled and a dust control solution shall be applied. Water will not be acceptable.
[Amended 9-8-1992 by Ord. No. 10-92; 5-6-1996 by Ord. No. 4-96]
Any person who shall violate any provision of this article shall, upon conviction thereof, be sentenced to pay a fine not less than $50 and not exceeding $600 plus costs and, in default of payment of said fine and costs, to a term imprisonment not to exceed 30 days. Each day that a violation of this article continues shall constitute a separate offense.
In case of emergencies, as for example in a case of gas leaks or serious leaks, street excavations may be commenced without the necessity of first applying for a permit; provided, that at the earliest possible time thereafter the party involved shall apply for a permit as provided in this article.
[Amended 12-8-1975 by Ord. No. 931]
A. 
The Borough Manager or his authorized agent shall give timely notice to all persons owning property abutting on any street within the Borough, about to be paved or improved, and to all public utility companies operating in the Borough. Within 30 days from the giving of such notice, unless such time is extended in writing by the Borough Manager or his authorized agent, all such persons and utility companies shall make all water, gas, sewer, electric or telephone connections, as well as any repairs or replacements, which would necessitate excavation of the said street. New paving shall not be opened for a period of five years after the completion thereof, except in case of emergency.
B. 
For the purpose of this section, an emergency shall be an opening that could not have been foreseen or contemplated before the paving was placed. The determination of an emergency shall be made by the Borough Manager or his authorized agent. Any opening made in a street within five years after the completion of the paving thereof, for any reason other than an emergency as above stated, shall be a violation of this article.
C. 
If it is sought to excavate upon an open street within five years after the completion of the paving thereof for any reason other than an emergency as stated above, the applicant shall make an application to the Borough Council and a permit for such opening shall only be issued after express approval of Borough Council. Council may, if it so desires when approval is given, designate that a portion of the street to be opened be overlayed beyond the trenching limits so that the opened area shall blend with the rest of the street. The amount of overlay is to be determined by Council or its authorized agent.
D. 
Penalties shall be as set forth in § 260-26 hereof.