[Ord. 2003-4, 9/18/2003, § 201]
1. 
The following words, when used in this Part 2, shall have the meanings ascribed to them in this section, except in those instances where the contest clearly indicates otherwise:
PERSON
Any natural person, partnership, firm, association, corporation or municipal authority.
STREET
The entire right-of-way, of any public street, avenue, road, square, alley, highway, or other public place located in the Borough of Hummelstown and established for the use of vehicles, but shall not include state highways.
2. 
In this Part, the singular shall include the plural and the masculine shall include the feminine and the neuter.
[Ord. 2003-4, 9/18/2003, § 202]
It shall be unlawful for any person to open or to make any excavation of any kind in any of the streets in the Borough of Hummelstown without first securing a permit therefor, as hereinafter provided.
[Ord. 2003-4, 9/18/2003, § 201]
1. 
Any person who shall desire to make any opening or excavation in any of the streets in the Borough of Hummelstown shall make application to the Borough Manager in writing for the purpose. Such application shall be made upon forms to be furnished by the Borough and shall set forth the name of the applicant, the exact location of the proposed opening or excavation, and the approximate size or depth thereof, and shall contain an agreement on the part of the applicant that the work shall be done in full compliance with the ordinances of the Borough and the laws of the Commonwealth in relation thereto, and that the applicant shall well and truly save, defend and keep harmless the Borough from and indemnify it against any and all actions, claims, judgments, demands, payments, costs and charges for or by reason of the proposed opening or excavation, and all damages to persons or property resulting in any manner therefrom, directly or indirectly, or occurring in the prosecution of the work connected therewith, or otherwise performed under the provisions of this Part, or from any other matter, cause or thing relating thereto.
2. 
Applicants shall file a certificate of insurance, prepared on a form furnished by the Borough, properly executed by the applicant's designated officer, agent or representative verifying that the applicant is insured against claims for personal injury as well as against claims for property damage which may arise from or out of the performance of the excavation work, whether such performance is by the applicant or anyone directly employed by him. Such insurance shall include protection against liability arising from completed operations, underground utility damage and collapse of any property. Liability insurance for bodily injury shall be in an amount not less than $300,000 for each person and $300,000 for each accident and for property damage in an amount not less than $100,000. Failure of any applicant to file the required certificate of insurance coverage shall be sufficient reason to deny issuance of a permit.
[Ord. 2003-4, 9/18/2003, § 204]
Before any permit shall be issued to make an opening or make an excavation in any street in the Borough, the applicant shall pay to the Borough a permit fee to be set by Borough Council, by resolution, from time to time.
[Ord. 2003-4, 9/18/2003, § 205]
Permits shall be issued only to persons furnishing public utility services or the owner or owners of the real property adjoining the location where such opening or excavation is to be made or their designated contractor.
[Ord. 2003-4, 9/18/2003, § 206]
Any permit issued hereunder shall specify the exact location where the opening or excavation is to be made, the approximate permitted size or depth thereof and the time within which the work for which the permit is granted to be completed. The Borough may attach special conditions to the permit as may be reasonably necessary to protect the public welfare and public and/or private property.
[Ord. 2003-4, 9/18/2003, § 207]
Any person who shall open or excavate any street in the Borough shall thoroughly and completely refill the opening or excavation in such a manner as to prevent any settling thereafter, and shall restore the surface to the same condition as it was before the opening or excavation, and such restoration shall be in accordance with the specifications of the Department of Transportation of the Commonwealth of Pennsylvania which are hereby adopted as specifications of the Borough for restoration of surfaces of streets in the Borough; as restored, the surface shall conform to the proper grade and be of the same surface covering as the part of the thoroughfare immediately adjoining the opening. If within two years after the restoration of the surface as herein provided, defects shall appear therein resulting from defective backfilling by the applicant, the applicant shall restore the defective area after first providing a restoration plan to the Borough for approval. If the applicant does not restore the road properly in a timely fashion as prescribed by the Borough, then the applicant shall reimburse the Borough for the cost of all necessary repairs to the permanent paving.
[Ord. 2003-4, 9/18/2003, § 208]
All other work in connection with openings in any street, including excavation, protection, refilling and temporary paving, shall be done by or for the person to whom or which the permit has been issued at his or its expense, and all such work shall be subject to the provisions of this Part and to the supervision and approval of the Borough Manager, provided that the Borough Manager may, if he deems it necessary to the proper performance of the work, require that cutting of the surface of streets and the back filling of all excavations therein shall be done by the Borough, in which event the applicant shall pay the Borough the actual cost of the work performed by the Borough.
[Ord. 2003-4, 9/18/2003, § 209]
1. 
General.
A. 
The permittee shall avoid disturbing roadways or shoulders by limiting work areas to outside of roadways and shoulders wherever possible.
B. 
No street opening shall extend more than 500 feet longitudinally or one block, whichever is smaller, or across more than 1/2 of the cartway at one time unless paved with bituminous concrete base course.
C. 
Two-way traffic shall be maintained.
D. 
Access to driveways and/or buildings abutting the street shall be maintained.
E. 
Traffic control shall be maintained in accordance with Pennsylvania Department of Transportation Publication 203 and the permittee shall furnish and maintain such signs, barricades, lights and flagmen as may be necessary to properly protect the public. During the making of any excavation in the street, every necessary and reasonable precaution shall be taken by the applicant and the parties making the same to keep the street in a safe and passable condition both day and night by guards, barriers, lanterns and other devices, and all excavating permits granted hereunder are granted under and subject to the express condition that the person to whom the same is issued shall indemnify, save and keep harmless the Borough from any loss in damages, or otherwise whatsoever, which may or shall be occasioned at any time by the said excavation, or by any leak, explosion or other injury from any pipe, apparatus, conduit, or any other matter placed in or related to the said excavation.
F. 
All trenches shall be filled or steel plate covered overnight or covered with a steel plate. The steel plate shall be adequate for HS-25 loading and shall safely convey all vehicular and pedestrian traffic.
G. 
Provisions shall be made to accommodate the flow of storm drainage, and no excavated material or trench shall be permitted to interfere with the normal flow of surface water.
H. 
The work of excavation shall be so conducted as not to interfere with the water mains, sewers or their connections with the houses, or any other subsurface lines or constructions, until permission of the proper authorities in connection with such subsurface lines or constructions shall have been obtained. The permittee shall locate in advance of excavation all surface and subsurface utility lines and structures, and shall take all precautions necessary to avoid damage to other utility lines and to public or private property. In the event damage does occur to property of others, the permittee shall promptly and satisfactorily repair all damage and restore the property to a satisfactory condition.
I. 
Disturbed portions of the roadway, including, but not limited to, slopes and appurtenances and structures such a guide rails, curbs, signs, markings, drain pipes, driveways and vegetation, shall be restored by the permittee to a condition at least equal to that which existed before the start of work authorized by the permit, consistent with other Borough ordinances, or consistent with the PennDOT "Standards for Roadway Construction," whichever is the higher standard. Additional restoration may also be required, upon written notification, to restore the structural integrity of the pavement or shoulder.
J. 
If blasting is performed, such operations shall be in charge by licensed persons only, and shall be carried out in strict conformance with federal, state, county or municipal laws or regulations governing the same.
K. 
The permittee shall be responsible to notify the Borough Fire and Police Departments and other public utility companies of the proposed work, stating the nature and location of the work to be done, and shall keep all said parties informed of the progress of the work. When access to abutting properties is to be denied, the permittee shall notify the affected parties in advance.
L. 
The permittee and contractor shall be responsible to notify PA-One Call in accordance with PA Act 287 of 1974 and as amended.
2. 
Pavement Cuts, Excavation and Backfill.
A. 
If the permittee wishes to open pavement having a bituminous concrete surface and the Borough's wearing course is less than five years old, the permittee shall, in addition to the restoration conditions outlined in the permit and in this Part, bore under the street if required by the Borough or overlay the pavement in accordance with the following conditions:
(1) 
When a longitudinal opening longer than 100 linear feet has been made in the pavement, the permittee shall mill and overlay the traffic and parking lanes in which the opening was made, for the entire length of roadway that was opened, in a manner authorized by the Borough.
(2) 
When two or more transverse openings have been made within 100 linear feet of pavement, the permittee shall mill and overlay traffic and parking lanes in which the openings were made, for the entire length of roadway between the openings, in a manner authorized by the Borough.
(3) 
If disturbed lanes adjacent to the undisturbed lanes are overlayed, the edge of the disturbed lane shall be milled to a depth of 1 1/2 inches or the depth of the existing surface course, whichever is less, for the length of the opening to insure a smooth joint, with proper elevation and cross section. A full width overlay may be authorized on various roadways instead of saw cutting or milling the disturbed land.
(4) 
If disturbed lanes adjacent to shoulders are overlayed, the shoulder shall be raised, with material and in a manner authorized by the Borough for the type of existing shoulder, so that the overlaid pavement and shoulder edges are at the same elevation.
B. 
Regardless of the age of the wearing course, the Borough may require the following restoration:
(1) 
If more than 100 linear feet of longitudinal or transverse openings, or both, are made in the pavement, the Borough may require the permittee to overlay traffic and parking lanes in which the openings were made, for the entire length of highway that was opened, if the Borough determines that the rideability or structural integrity of the pavement has been impaired by the openings.
(2) 
If four or more openings are made by the same permittee within 100 linear feet of pavement or within one block, the Borough may require the permittee to restore the entire disturbed pavement between the openings by milling, planning or other authorized method and overlaying the entire disturbed pavement.
(3) 
If future settlement of the trench is possible, the Borough may require a temporary restoration of the pavement for up to a six-month period in accordance with Subsection 2J.
C. 
If an opening is made in a bituminous concrete pavement within three feet from the edge of pavement or other longitudinal joint or opening, the surface restoration shall be extended to the edge of pavement or other longitudinal joint or opening.
D. 
At each end of an overlay, the permittee shall install a paving notch, under Standards for Roadway Construction RC-28, by milling, planing or other authorized method and provide a minimum ten-foot transition.
E. 
The transition areas at each end of an overlay shall follow the contour of the surrounding surface.
F. 
When pavement markings are covered or destroyed by the permitted work, including overlays, they shall be replaced with temporary pavement markings, before opening the disturbed pavement to traffic. When the pavement surface is restored, all pavement markings that were covered or destroyed shall be replaced in their former location.
G. 
Restored openings in the pavement or opened shoulder shall be sealed under § 401.3(j)(3) of Publication 408 in the case of bituminous concrete.
H. 
All trenching and backfill shall be in accordance with a construction detail approved by the Borough. All backfill shall be 2A coarse aggregate and compacted in accordance with Publication 408.
I. 
Subbase, base and surface restoration of flexible base pavements shall be performed under this section and as specified in the permit.
(1) 
Prior to replacement of the base course, one foot outside of each edge of the opening shall be sawed, in a neat straight line, to the top elevation of the existing aggregate subbase or stone base course, and the detached material shall be removed.
(2) 
The subbase shall consist of No. 2A aggregate meeting the requirements of § 350 of Publication 408. The subbase shall have a minimum depth of six inches or a depth equal to the existing subbase, whichever is greater.
(3) 
Exposed vertical and horizontal surfaces shall be prepared under § 401.3(f) of Publication 408.
(4) 
The base course shall consist of bituminous concrete meeting the requirements of § 305 of Publication 408 or other base course material authorized by the Borough. The base course material shall have a minimum depth of 4 1/2 inches or a depth equal to the existing base course, whichever is greater.
(5) 
The wearing course shall consist of ID-2 material meeting the requirements of § 420 of Publication 408. The wearing course shall have a minimum depth of 1 1/2 inches ID-2, or a depth equal to the existing wearing course, whichever is greater.
J. 
Temporary restoration of a pavement will be required by the Borough prior to pavement restoration in accordance with the following:
(1) 
The base shall consist of compacted select granular material with a surface of two-inch bituminous material. If the existing pavement structure includes a course of subbase material, it shall be replaced to a depth equal to the existing course depth with material meeting the requirements of § 350.2 of Publication 408.
(2) 
Temporary pavement restoration shall be completed before traffic is allowed to travel on the disturbed area.
(3) 
The temporary pavement shall be removed and permanent restoration performed after 90 days and before six months. The temporary pavement may be kept in place for longer than six months for weather conditions or as specified in the permit, if it is properly maintained.
3. 
Special Restoration Requirements.
A. 
Whenever unusual conditions exist, or arise during construction, the Borough may change the permanent restoration requirements from those given therein. In all cases, marks of construction beyond the area of actual trench shall be satisfactorily restored. In cases where a substantial portion of the original street paving is removed or damaged, the Borough may require the permittee to resurface the entire street are, in addition to constructing the final paving repairs over trench areas.
B. 
The Borough may also elect to accept payment from the permittee to the Borough for final paving repairs, in a sum to be determined by the Borough based upon then current costs for such work plus 15%, and to apply the sum so paid toward the cost of reconstruction of the entire street.
4. 
Inspection During Construction.
A. 
Prior to the initiation of construction, the permittee shall notify the Borough so that an inspection schedule can be coordinated with the construction schedule. Additionally, the Borough shall be notified four working days in advance of any intended date of construction. The undertaking of periodic inspection shall not be constructed as an acceptance of the work during construction or as a final inspection of the construction.
B. 
The applicant shall reimburse the Borough for the reasonable and necessary expense incurred for the inspection of improvements by the Borough or Borough Engineer. Such reimbursement shall be based upon time and material costs for the referenced inspections. Such expense shall be reasonable and in accordance with the ordinary and customary fees charged by the Borough Engineer for work performed for similar services in the community, but in no event shall the fees exceed the rate or cost charged by the Borough Engineer to the Borough when fees are not reimbursed or otherwise imposed on applicants.
C. 
The Borough, at the expense of the permittee, reserves the right to require tests of the improvement to determine whether the improvement complies in all respects with the requirements of the Borough.
D. 
The Borough will invoice the permittee for costs incurred by the Borough for the inspection of improvements. Improvements shall not be finally approved until the invoice is paid.
E. 
In the event that any work performed by or for a permit holder shall, in the opinion of the Borough Manager, be unsatisfactory and the same shall not be corrected in accordance with his instructions within the time fixed by him, or in the event that the work for which the permit was granted is not completed within the time fixed by the Borough Manager, the Borough may proceed to correct such unsatisfactory work or complete any such work not completed, and charge the cost thereof, plus 20% to the applicant.
5. 
Future Maintenance. The permittee shall be responsible to correct any trench settlement or deterioration in the final paving work. Such responsibility is without limitation during the first two years after the date of the final completion certificate. Thereafter, settlement of the trench area shall remain the general responsibility of the permittee to repair, unless the Borough gives a specific release.
[Ord. 2003-4, 9/18/2003, § 210]
In the case of any leak, explosion or other accident in any subsurface pipe, line, construction or apparatus, it shall be lawful for the person owning or responsible for such pipe, line, construction or apparatus, to commence an excavation to remedy such condition before securing a permit, provided that application for a permit shall be made immediately and not later than the next business day thereafter, and that all other provisions of this Part are fully complied with. If any such emergency condition shall not be immediately attended to by the owner or person responsible for such pipe, line, construction, or apparatus, the Borough Manager, after such notice as he shall deem necessary under the circumstances of the particular case, shall proceed to do the work necessary and required by such emergency, and charge the same on the basis of cost plus 20% to such owner or person.
[Ord. 2003-4, 9/18/2003, § 211]
The Borough Manager shall give timely notice to all persons owning property abutting on any street within the Borough about to be paved or improved, and to all public utility companies operating in the Borough, and all such persons and utility companies shall make all water, gas or sewer connections, as well as any repairs thereto which would necessitate excavation of the said street within 30 days from the giving of such notice, unless such time is extended in writing for cause shown by the Borough Manager. New paving shall not be opened or excavated for a period of five years after the completion thereof, except in case of emergency, the existence of which emergency and the necessity for the opening or excavating of such paving to be determined by the Borough Manager. If it is sought to excavate upon or open a street within five years after the completion of the paving applicant shall make written application to the Borough Council, and a permit for such opening shall be issued only after express approval of the Borough Council.
[Ord. 2003-4, 9/18/2003, § 212]
No new water, sewer, steam or gas main or electric, telephone or other utility line shall hereafter be laid or constructed, and no such existing main or line shall be extended, in any of the streets of the Borough until the plan therefor shall have been first filed with the Borough Manager and such plan, and the exact location of such main or line, approved by him. The Borough Manager shall not approve the locating of any such main or line at a depth of less than 30 inches from the surface of the street unless he shall be convinced that locating the same at a depth of more than 30 inches from the surface is impossible or impractical.
[Ord. 2003-4, 9/18/2003, § 213]
No company, corporation or association shall excavate any street without first giving to the Borough a financial guarantee with an acceptable bonding company or lending institution as surety in the minimum sum of $5,000, conditioned for the faithful performance of these provisions and also for any and all damages, claims, demands, suits, costs and counsel fees occasioned or arising from the digging up, opening or closing of said streets and alleys. If 110% of the initial cost of backfilling and repairing the street or the potential cost of repairing unsatisfactory work conducted under the permit exceeds $5,000, then the applicant shall provide an estimate of these costs for review by the Borough. The Borough will then increase the cost of the financial guarantee to the referenced estimated cost of the work plus 10%. The financial guarantee will be returned upon reinspection of the work by the Borough two years from the time of final inspection when all work was satisfactorily completed.
[Ord. 2003-4, 9/18/2003, § 214]
Payment for all work done by the Borough under the provisions hereof shall be made by the person made liable therefor under the provisions hereof within 30 days after a bill therefor 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 by an action is assumpsit or in the manner provided by law for the collection of municipal claims.
[Ord. 2003-4, 9/18/2003, § 215]
Any person, firm or corporation who shall violate any provision of this Part shall, upon conviction thereof, be sentenced to pay a fine or not more than $300; and/or to imprisonment for a term not to exceed 90 days. Every day that a violation of this Part continues shall constitute a separate offense.
[Ord. 2003-4, 9/18/2003, § 216]
The provisions of this Part shall not apply to laying sidewalks or curbs or to the planting of poles.