[Adopted 8-3-1950 by Ord. No. 89 (Ch. 19, Part 1, of the
1973 Code of Ordinances)]
It shall be unlawful for any person, firm or corporation to
make any opening or excavation in or under any street, alley or thoroughfare
within the limits of said Borough unless and until a permit therefor
be secured from the Borough Secretary, for each separate undertaking,
such permit to be in a form prescribed by said Secretary. The police
officers of the Borough shall promptly prohibit any work being done
without a proper permit or contrary to the terms hereof.
[Amended 12-1-2016 by Ord. No. 582]
The charge for said permit shall, for each separate undertaking,
be in an amount as set from time to time by resolution of Borough
Council. Every such permit shall specify where said opening or excavation
may be made together with the probable length, width and depth thereof,
and such further information as the Secretary may require; and any
additional surface to be disturbed may be endorsed on the permit by
the said Secretary; provided, that, emergency breaks or leaks may
be repaired and a permit therefor secured within 24 hours.
It shall be the duty of any person, or persons, firms or corporations
to whom a permit is issued or by whom any opening or excavation is
made as aforesaid to provide and maintain proper and adequate guards,
barriers and lights to prevent accidents, and they shall assume all
risks and be liable for all damages by reason of the openings and
excavations and by reason of any failure to properly fill the hole
or trench and maintain the disturbed surface in a safe condition.
[Amended 4-29-1975 by Ord. No. 338]
A.
Excavation. Excavations within existing cartways of the Borough shall
be done with hand-operated pneumatic tools and hydraulically operated
equipment or by such other methods as will furnish a clean cut in
the pavement and base without undue disturbance to subgrade or fragmentation
of surrounding street or roadway. All excess excavation materials
shall be the responsibility of the person, firm, corporation, bureau
or utility for proper disposal.
B.
Backfilling. Backfill within the cartway area shall consist of suitable
material acceptable by the Engineer compacted in layers not to exceed
six inches in depth to a point 12 inches from road surface. The trench
area from the road surface to a minimum depth of 12 inches shall consist
of Pennsylvania Department of Transportation No. 2RC crushed aggregate
placed and properly compacted in six-inch layers.
C.
Restoration.
(1)
Temporary restoration.
(a)
Method I.
[1]
First application. Bituminous material upon the subbase at the
rate of 0.5 gallon per square yard followed by Pennsylvania Department
of Transportation No. 1B crushed aggregate spread at the rate of 30
to 35 pounds per square yard, thoroughly rolled and compacted.
[2]
Second application. Bituminous material upon the No. 1B crushed
aggregate noted above at the rate of 0.5 gallon per square yard followed
by additional Pennsylvania Department of Transportation No. 1B crushed
aggregate spread at the rate of 30 pounds to 35 pounds per square
yard, thoroughly rolled and compacted.
(b)
Method II. In lieu of Subsection C(1)(a), as noted above, an alternate method of temporary restoration consisting of bituminous stockpile patching material type 2P-B or 2P-C, two inches thick, may be placed and properly compacted within the trench area.
(c)
Responsibility. All temporary restoration shall be maintained
by the person, firm, corporation, bureau or utility for a minimum
of 90 days after backfilling or as otherwise directed by the Borough
Engineer. During this period, any sinking or other deterioration of
the trench area shall be repaired.
(2)
Permanent restoration.
(a)
Method I. All temporary restoration shall be removed from the
trench area and additional material immediately adjacent thereto for
a minimum distance of 12 inches, in order to accommodate permanent
restoration. The entire area shall then be properly rolled and compacted.
Upon the compacted subbase and/or subgrade shall be constructed an
eight-inch-thick crushed aggregate base course meeting the requirements
of Section 310, Form 408, latest revision, followed by a one-and-one-half-inch-thick
ID-2A bituminous concrete binder course and one-inch-thick ID-2A bituminous
concrete wearing course. Upon completion of permanent restoration,
the jointure of existing cartway and new construction shall be sealed
with hot bituminous material of the class and type designated for
the surface course for a distance of six inches on both sides thereof.
(b)
Method II. All temporary restoration shall be removed from the
trench area and additional material immediately adjacent thereto for
a minimum distance of 12 inches, in order to accommodate permanent
restoration. The entire area shall then be properly rolled and compacted.
Upon the compacted subbase and/or subgrade shall be constructed a
five-inch-thick bituminous concrete base course followed by a one-and-one-half-inch-thick
ID-2A bituminous concrete wearing course. Upon completion of permanent
restoration, the jointure of existing cartway and new construction
shall be sealed with hot bituminous material of the class and type
designated for the surface course for a distance of six inches on
both sides thereof.
(c)
Method III. During excavation, should it be determined by visual observation by the Engineer that the street or cartway combined depth of surface and base is three inches or less in thickness in lieu of permanent restoration heretofore mentioned in Subsection C(2)(a) and (b), bituminous material meeting the requirements of Section 470, Form 408, latest revision, shall be applied to temporary restoration (Method I only — Method II not included) at the rate of 0.5 gallon/s.y. followed by Pennsylvania Department of Transportation No. 1B crushed aggregate spread at the rate of 30 pounds to 35 pounds per square yard, thoroughly rolled and compacted.
D.
Responsibility. The person, firm, corporation, bureau or utility
responsible for permanent restoration shall maintain and repair said
restoration for a period of two years following completion of permanent
restoration to the satisfaction of the Borough.
E.
Guidelines and plan. All work shall be in accordance with Pennsylvania
Department of Transportation Form 408, latest revision, Pennsylvania
Department of Transportation Form M 945-B, latest revision, and as
shown on the plan prepared by Spotts, Stevens and McCoy, Inc., Borough
Engineers, being Plan No. 7026-049-A-001, attached hereto and made
a part hereof.[1]
[1]
Editor's Note: Said plan is included as an attachment
to this chapter.
F.
Miscellaneous. All excavation and restoration within rights-of-way
and/or easements of the Borough shall be subject to replacement in
kind acceptable to the Engineer/Building Inspector and in compliance
with Borough ordinances.
G.
State and Borough forms and regulations. Should the forms, specifications
and/or regulations of the Commonwealth of Pennsylvania or Borough,
which are incorporated by reference in this article be subsequently
amended, replaced or in any other way changed, this article shall
be automatically amended to incorporate herein the subsequent, similar
forms, specifications and/or regulations of the Commonwealth of Pennsylvania
and Borough. It is the intent of this article to achieve a strong
degree of uniformity therewith.
If the work in filling or maintaining the surface shall not
be promptly or shall be unskillfully or improperly or incompletely
done, the Borough Engineer, or any other person designated by Council,
may cause the same to be done in the manner he deems proper after
at least 10 days' written notice to the permittee that the same
be done; and the expense thereof, including any overhead expense,
shall be charged to the permittee together with 10% additional as
a penalty. No permit shall be issued to any person, firm or corporation
in default under this section until the costs and penalty herein provided
are paid, and no further permit shall be granted to any person, firm
or corporation unless and until the openings or excavations already
caused by him or it have been properly filled and the surface maintained
as aforesaid, in a safe condition and at the proper grade, of which
said Engineer, or other person designated, shall be the judge.
In no case shall any opening or excavation made by any person,
firm or corporation be considered in the charge or care of the Borough
or any officer or person employed by the Borough, and no officer or
employe is authorized to in any way take or assume any jurisdiction
over any such opening or excavation. However, if the person, firm
or corporation causing the opening to be made deems it to their advantage
to employ the same workmen as do similar work for the Borough, they
may do so.
[Amended 4-29-1975 by Ord. No. 339]
Any violation of this article shall be considered a summary
violation, and any person or persons violating any of the provisions
of this article shall, upon summary conviction before a Magisterial
District Judge, be fined a sum not to exceed $300, together with costs
thereof, and, in default of the payment thereof, undergo imprisonment
in the Berks County Prison for a period not to exceed 90 days.
A.
Deposit for excavation required. In addition to all permits now or
hereafter required, and all permit fees required to be paid therefor,
all persons, firms or corporations, or their agents, shall deposit
in cash such sum as shall be set by resolution of Borough Council
with the Borough Secretary before digging or excavating within any
street within the Borough or removing or destroying the paving thereof,
except for the installation or repair of gas and water lines.
B.
Excess cost of repair over deposit to be paid by permit holder. If the Borough shall restore the street area affected to grade or repave the same, and if the cost of said regrading and repaving said street area and maintaining the same for a period of six months thereafter shall be in excess of the deposit amount required by Subsection A of this section, then the person, firm or corporation digging or excavating said street area or removing or destroying said paving, shall pay the excess of said cost over the required deposit to the Borough upon the completion of said regrading or repaving, and in the case of maintenance, upon and at the times said maintenance is required.
C.
Partial refund of deposit authorized under certain conditions. If the Borough should restore the street area affected to grade or repave the same, and if the cost of said regrading and repaving said street area and maintaining the same for six months after said regrading and repaving are completed, is less than the deposit amount required by Subsection A of this section, then the Borough shall, at the end of six months after said regrading and repaving are completed, refund said excess to the person, firm or corporation paying said deposit.
D.
Refund of deposit authorized if permit holder restores street. If
the person, firm, or corporation who digs or excavates said street
area or removes or destroys the paving thereof, at its own expense,
restores said street area to grade, and repaves the same in a manner
satisfactory to the Borough Engineer, and maintains the said area
for a period of six months after said regrading or repaving, then
the Borough shall, at the end of six months after said regrading and
repaving are completed, refund said deposit to the person, firm or
corporation who paid the same.
