[Adopted 7-6-1959 by Ord. No. 264 (Ch. 84, Art. II, of the 1972 Code)]
A. 
In this article, the singular shall include the plural, and the masculine shall include the feminine and the neuter.
B. 
For the purposes of this article, the following terms shall mean as indicated:
PERSON
Any natural person, partnership, association, firm or corporation.
STREET
Any ordained street or public alley in the Borough of Souderton.
[Amended 12-1-2025 by Ord. No. 815]
Every excavation or trenching within the area of any street in the Borough of Souderton shall be done under the provisions, rules, regulations and conditions of this article. All contractors cutting into Borough roads shall use equipment equipped to leave clean edges. The blacktop shall not be left with jagged or uneven edges.
The Highway Committee of the Borough Council or its duly authorized agent shall have the authority and shall be empowered to stop and prevent the continuance of any excavation in any street within the Borough that may be in violation of any provision, rule, regulation or condition specified in this article.
No excavation or trenching within any street in the Borough shall be commenced until:
A. 
The Borough Secretary shall have been notified in writing at least five days before work is to commence, by the person responsible for such work.
B. 
A duplicate set of plans outlining the proposed work shall have been presented to the Borough Secretary.
C. 
The plans presented shall have been approved by the Borough Council or its duly authorized agent, and a permit shall have been issued by the Borough Secretary.
[Amended 12-1-2025 by Ord. No. 815]
Plans for proposed street excavation work shall be valid for a period of 60 days following approval thereof. If no work contemplated by any such plans shall have been started within such time limit, such plans shall become invalid, and the permit shall expire by limitation. Inspections are required within 24 hours of opening any roadway.
All work authorized by this article shall be carried out at such time and in such manner as shall be consistent with the safety of the public. A sufficient number of warning devices shall surround the excavation when work thereon is terminated overnight.
[Amended 12-1-2025 by Ord. No. 815]
Street repairs shall be made no sooner than 1 month after the backfill of the street and no more than 6 months after the backfill of the street. After the backfill is complete, the trench shall be skim-patched with black top material. The final trench restoration shall be completed with an adequate amount of material to match the existing street.
A. 
Permanent restoration shall be made not later than six months after backfilling, and shall consist of cutting back the perimeter of the excavation at least eight inches and removing to a depth of at least eight inches all backfill material within such cut. Such excavation shall be filled with at least six inches of 1:2:3 concrete and at least two inches of asphalt-impregnated stone.
B. 
At its discretion, the Borough may make permanent restoration of any excavation, in which case the permittee shall pay for such restoration at the time the permit is applied for, at a cost to be determined by resolution of the Borough Council.
[Amended 8-7-1972 by Ord. No. 408]
It shall be unlawful to:
A. 
Build or maintain a fire within the confines of any street.
B. 
Spill upon or allow to be placed on any street any gasoline, kerosene or other liquid deleterious to the wearing surface thereof.
C. 
Allow any construction equipment to be operated upon any Borough street that would cut, mark or penetrate such street outside the excavation area.
[Added 8-5-2024 by Ord. No. 802]
A. 
Moratorium requirements. There shall be a moratorium on road cuts on all Borough roads within Souderton Borough that have been paved or resurfaced within the previous five-year period. The moratorium prohibits street cutting of newly constructed or reconstructed pavement less than five years old, except in the case of an emergency. In the case of an emergency, an extended maintenance fee will be charged for cuts and cold patches on newly paved streets. (See also § 549-17.)
B. 
Newly paved streets. No excavation, other than those considered by Borough Council or its designated agent as an emergency, shall be permitted within any newly paved street (less than two years) and a request for exemption must be made in writing to the Borough and must state the reason for the proposed cut.
[Added 8-5-2024 by Ord. No. 802]
A. 
Fees. If a cut is approved by Borough Council for a moratorium street, a degradation fee will be assessed at $100 per square foot (example: 6 foot by 6 foot cut = 36 square feet by $100 per square foot = $3,600). The fee will be required to be paid in full before the permit is issued and any work begins.
B. 
Billing practices. Souderton Borough may, by Resolution, change its billing practices at any time as it relates to forms, guidelines, fees, etc.
[Amended 8-7-1972 by Ord. No. 408; 8-5-2024 by Ord. No. 802; 12-1-2025 by Ord. No. 815]
Any person violating any provision, rule or regulation specified in this article shall, upon conviction thereof before any Magisterial District Judge be sentenced to pay a fine of not less than $25 nor more than $1,000 and costs of prosecution, and shall be further liable to reimburse the Borough for any damage caused by such violation, provided the Highway Committee, the Borough Engineer or such person as may be designated by the Borough Council shall have the authority to order the removal or discontinuance of any work done contrary to any provision of this article. Refusal to comply with any such order shall constitute a violation of this article and shall subject the offending party to the penalties herein prescribed.