[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.
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.
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.
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.
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.
The permittee shall make adequate provision for the protection
of all underground facilities at the location of the work.
The permittee shall restore, to the satisfaction of the owner,
any facility damaged by him during the excavation or backfilling or
damaged as a result of the trench settlement.
The permittee shall not install any utility line parallel to
any Borough water or sewer line unless such utility line is installed
at a distance greater than 24 inches from the vertical of the Borough
water or sewer line.
The permittee shall be responsible for backfilling every trench
made by him, such backfilling to be made in six-inch layers and to
be tamped mechanically; provided, with prior approval of the Highway
Committee of the Borough Council or its duly authorized agent, other
methods of backfilling may be used.
The permittee shall be responsible for any settlement in the
temporary restoration, and shall, upon notification by the Borough,
restore to grade any such settlement.
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]
The permittee shall be responsible for the excavation and back-fill
for a period of one year after permanent restoration shall have been
made.
All unused backfill material shall be removed and disposed of
by the permittee.
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.
[Amended 8-7-1972 by Ord.
No. 408]
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 $5 nor
more than $300 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.
