[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.
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.