[HISTORY: Adopted by the Borough Council of the Borough of Summit Hill as indicated in article histories. Amendments noted where applicable.]
[Adopted 2-22-2016 by Ord. No. 2-2016]
This article shall be known as and cited as the "Borough of Summit Hill Street Encroachment and Opening Ordinance."
This article is hereby adopted for the purpose of regulating preventing any obstruction from being erected or any excavating occurring which would in any way affect the convenient use of streets of the Borough and also for the purpose of ensuring the safety of the public as a result of any person opening, excavating or encroaching upon any street in the Borough.
Except where otherwise specified herein, all words used in this article shall carry their customary and ordinary meaning. Certain words in this article are defined as follows:
PERSON
Any natural person, partnership firm, association corporations or contractors.
STREET
Any road of the Borough of Summit Hill including streets, roads, alleys, rights-of-way, courts or other public lands of the Borough of Summit Hill.
A. 
Before any permit shall be issued to open, excavate or encroach upon, under or over any street in the Borough of Summit Hill, each person shall pay to the Borough a deposit in connection with that opening, excavation or encroachment.
B. 
The deposit for obtaining a permit to open, excavate or encroach upon, under or over any street in the Borough of Summit Hill, where the opening is less than 32 square feet, shall be $700. Where the opening is more than 32 square feet, the fee shall be $1,400.
C. 
The deposit amount may be revised from time to time by the Council of the Borough of Summit Hill by resolution.
D. 
From the above deposit shall be paid the following fees:
(1) 
Permit fees: $50.
(2) 
Borough Engineer inspection/reinspection fee as billed.
(3) 
Any other repair costs incurred by the Borough of Summit Hill in repairing permanent surfacing, if necessary.
Any person who shall open or excavate any street in the Borough shall backfill and restore the opened or excavated are in accordance with the following requirements:
A. 
The limits of the proposed trench or opening shall be saw cut for the full depth of pavement.
B. 
The trench or excavated opening shall be backfilled with Type 2A aggregate, constructed in lifts not to exceed eight inches in depth and compacted in accordance with the most recent PennDOT 408 construction regulations.
C. 
Temporary bituminous patching (cold patch) shall be placed upon the completion of the backfill.
D. 
If during the progress of the work there is damage done to the adjoining roadway, the adjoining roadway shall be recut full-depth prior to the final roadway restoration.
E. 
The final roadway restoration shall conform to the proper grade and shall consist of a minimum of four inches of a bituminous concrete base course and 1 1/2 inches of a bituminous wearing course.
F. 
Final bituminous surface restoration shall be performed between 90 days and 120 days after backfilling. The temporary patching material shall be completely removed prior to placement of the final surface material.
G. 
The limits of the restoration shall be sealed with a bituminous material. All joints shall be sealed in accordance with the latest PennDOT 408 construction specification.
H. 
All materials and workmanship shall be in accordance with the PennDOT specification Publication 408, latest edition.
I. 
It shall be the responsibility of the permit holder to contact the Borough Engineer 72 hours in advance to provide inspections during final pavement and pavement restoration.
J. 
If, within one year after the restoration of the surface as herein provided, defects shall appear, the applicant shall either, within 30 days of being notified of such defects, correct such defects or, in the absence of correcting such defects, reimburse the Borough for the cost of all necessary repairs to the permanent paving from the deposit made by the applicant. Should the deposit be insufficient to pay all fees, inspection fees and necessary repairs the applicant shall still be responsible for any other monies owed.
All other work in connection with openings to any street, including excavations, 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 Street Committee. In the event work has commenced but not completed pursuant to permits issued, the applicant is responsible for ensuring that any opening is properly covered by an appropriate steel plate approved by the Borough Engineer.
It shall be the responsibility of the permit holder to contact the Borough Engineer to inspect, or reinspect if necessary, any trench backfilling, temporary patching, and final restoration to ensure compliance with this article. In the event the Borough Engineer is satisfied with the condition of the final restoration of the road, any monies, less the costs incurred for inspection, remaining on deposit at the end of one year from opening shall be returned to the applicant.
Payment for all work done by the Borough under the provisions hereof shall be paid by the person made liable therefor under the provisions hereof within 30 days after a bill 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 who violates or permits a violation of this chapter shall, upon being found liable therefor, pay a fine of not more than $600, plus court costs and reasonable attorneys' fees incurred by the Borough in the enforcement proceedings. If the penalty is not paid, the Borough shall initiate a civil action for collection in accordance with the Pennsylvania Rules of Civil Procedure. Each day a violation exists shall constitute a separate offense, and each section of this chapter that is violated shall also constitute a separate offense. In addition to or in lieu of enforcement under this section, the Borough may enforce this chapter in equity in the Court of Common Pleas of Schuylkill County.
Any and all ordinances inconsistent herewith and specifically the following ordinances, are hereby repealed: Ordinance 1 of 1969, Ordinance 2 of 1970, Ordinance 4 of 1976, Ordinance 5 of 1989, Ordinance 6 of 1995 and Ordinance 2 of 2007.