[HISTORY: Adopted by the Borough Council of the Borough of
Whitaker as indicated in article histories. Amendments noted where
applicable.]
[Adopted 8-6-1969 by Ord.
No. 2-1969]
No person, firm or corporation owning or occupying any property
within the Borough of Whitaker shall permit any hedge, tree, shrub,
vegetation or obstruction to grow or remain upon his, her or its land
within the right-of-way of any highway or street located within the
Borough of Whitaker, if such exceeds the height of 36 inches, and
if such hedge, tree, shrub, vegetation or obstruction prevents a free
and unobstructed view at or near the intersection of any two streets
or highways or a street and a highway.
The owner of any land within the right-of-way of any highway
or street located within the Borough of Whitaker, as to any vacant
premises or premises occupied by the owner, or the occupant of any
premises which includes land within the right-of-way of any highway
or street located within the Borough of Whitaker, in case of premises
occupied by one other than the owner thereof, shall trim, cut, dismantle
or remove or cause to be trimmed, cut, dismantled or removed all hedges,
trees, shrubs, vegetation or obstruction growing upon or remaining
upon such right-of-way in excess of 36 inches, if such hedges, trees,
shrubs, vegetation or obstruction prevents a free and unobstructed
view at or near the intersection of any two streets or highways or
a street and highway.
Any hedge, tree, shrub, vegetation or obstruction located upon
the right-of-way of a street or highway within the Borough of Whitaker
which exceeds 36 inches in height and is located within 15 feet of
the edge of the intersection of any two streets or highways or a street
and highway shall be deemed to prevent a free and unobstructed view
at or near the intersection of such streets, highways or a street
and highway.
The Borough Council, or any officer or employe of the Borough designated thereby for the purpose, is hereby authorized to give notice, by personal service or by certified United States Mail, to the owner or occupant, as the case may be, of any premises whereon hedges, trees, shrubs, vegetation or obstruction is growing or remaining in violation of the provisions of § 355-1 of this article, directing and requiring such occupant to trim, cut or dismantle and remove such hedges, trees, shrubs, vegetation or obstruction, so as to conform to the requirements of this article within five days after issuance of such notice. In case any person, firm or corporation shall neglect, fail, or refuse to comply with such notice, within the period of time stated therein, the Borough authorities may trim, cut or dismantle and remove such hedges, trees, shrubs, vegetation or obstruction, and the cost thereof, together with any additional penalty authorized by the law, may be collected by the Borough from such person, firm or corporation, in the manner provided by law.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any person who violates or permits a violation of this article
shall, upon conviction in a summary proceeding under the Pennsylvania
Rules of Criminal Procedure, be guilty of a summary offense and shall
be punishable by a fine of not more than $1,000, plus court costs
and reasonable attorneys' fees incurred by the Borough in the enforcement
proceedings. Upon judgment against any person by summary conviction,
or by proceedings by summons on default of the payment of the fine
or penalty imposed and the costs, the defendant may be sentenced and
committed to the Borough correctional facility for a period not exceeding
10 days or to the county correctional facility for a period not exceeding
30 days. Each day that such violation exists shall constitute a separate
offense, and each section of this article 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 article in equity
in the Court of Common Pleas of Allegheny County.
[Adopted 6-11-2003 by Ord. No. 3-2003; amended in its entirety 6-10-2020 by Ord. No. 1-2020]
Ordinance No. 3 of 2003 and any subsequent amendments of the
Whitaker Borough Ordinances ("Street Opening and Excavation Ordinance"),
is hereby repealed in its entirety and replaced by the following.
This article shall be known as the "Whitaker Borough Street
Opening and Excavation Ordinance."
The following words, when used in this article, shall have the
meanings ascribed to them in this section, expect in those instances
where the context clearly indicates otherwise:
Any person who makes application for a permit.
The Borough of Whitaker.
The duly appointed Engineer of the Borough, or his authorized
deputy, representative, designee or delegate.
The duly appointed Manager of the Borough, or his authorized
deputy, representative, delegate or inspector.
The duly appointed Secretary of the Borough, or his authorized
deputy, representative, delegate or inspector.
Any unforeseen circumstances or occurrence, the existence
of which constitutes a clear and immediate danger to persons or properties.
Newly constructed cartways including base and surfacing of
either concrete or asphalt and reconstructed cartways surfaced with
at least 1 1/4 inch top of asphalt. It shall be the prerogative
of the Borough Engineer to define the category of "newly improved
street" and advise the proper public utility companies of this designation.
Any person who has been issued a permit and has agreed to
fulfill all the terms of this article.
Any natural person, corporation or other legal entity recognized
under Pennsylvania law.
The work performed in connection with the opening or excavation
of a street. The term "project" shall have the same meaning as "work."
The Allegheny County Sanitary Authority (ALCOSAN), any cable
television company, telecommunications company or any company subject
to the jurisdiction of and control by the Pennsylvania Public Utility
Commission.
A public street, public easement, right-of-way, public highway,
public alley, public sidewalk, public way or public road accepted
or maintained by the Borough, or open for travel and use by the public,
whether or not so accepted or maintained, including the entire area
within the right-of-way thereof.
The activities performed in connection with the opening or
excavation of a street. The term "work" shall have the same meaning
as "project."
A.
It shall be unlawful for any person to make any tunnel, opening or
excavation of any kind in or under the surface of any street without
first securing a permit from the Borough of Whitaker for each separate
undertaking.
B.
Any person maintaining pipes, lines, or other underground facilities in or under the surface of any street may proceed with an opening without a permit when emergency or unforeseen circumstances demand the work to be done immediately, provided that the permit could not have reasonably and practically been obtained beforehand. In such cases where emergency openings are necessary, the Borough shall be notified prior to such openings by either fax (PA 1-Call) or telephone. The person shall thereafter apply for a permit in accordance with § 355-10, and said permit shall be retroactive to the date when the work was begun.
Permit applications to the Borough shall comply with the following:
A.
Shall be submitted in person or by mail on a form provided by the
Borough. Additionally, all of the provisions of Pennsylvania One Call
shall be strictly adhered to, and the applicant shall insure that
the Borough is directly put on notice as to any activity involving
its streets, roads and rights-of-way.
B.
Shall be signed by the applicant.
C.
Shall include the name and contact information of any contractors
and subcontractors who will be performing work on site.
D.
Shall include two sets of plans detailing the location and pertinent
dimensions of the proposed opening, the proposed installation and
related street features.
E.
Shall be accompanied by a check or money order payable to the "Borough of Whitaker" for the permit fee described in § 355-11.
F.
That such application shall be submitted to the Borough at least 30 days prior to the anticipated start of the work; provided, however, that in cases of emergency, such application shall be submitted as soon as shall be practicable, but in no event later than one business day from the occurrence of the emergency. Permanent restoration work as described in this article shall be completed in compliance with § 355-17.
G.
The Borough Manager and/or Secretary with the assistance of the Borough
Engineer shall examine and determine the completeness of each application
and may reject any application if the applicant fails to provide the
required information.
H.
Upon approval by the Borough, a permit shall be issued, including
a permit placard. The placard shall be retained by the permittee and
shall be posted and displayed in a prominent location at all times
at the work site for the entire work period.
I.
Not more than 100 linear feet shall be opened in any street at any
time.
Permit issuance fees in an amount necessary to defray the costs
incurred by the Borough in reviewing and processing applications and
plans, including the preliminary review of the site location identified
in the application, and issuing and processing the permit shall be
as established from time to time by resolution of Borough Council
and shall be set forth on the Borough's Fee Resolution.
The applicant shall be required to execute and deliver unto
the Borough a bond, letter of credit or other security, in a form
approved by the Borough Solicitor, as a prerequisite to the issuance
of any such permit, in an amount to be determined by the appropriate
issuing Borough official, the amount of which shall equal the estimated
cost of the work, for the purpose of indemnifying the Borough for
any costs, damages or expenses incurred or estimated as the result
of the restoration of such Borough street, right-of-way, sidewalk
and/or curb which is the subject of said application. Upon completion
of restoration, the applicant shall be required to execute and deliver
to the Borough a maintenance bond in a form approved by the Solicitor
as its guarantee and warranty against defects regarding said restoration
for a period of 18 months from the date of acceptance by the Borough
of said restoration work.
No permittee shall perform any of the work authorized by such
permit in any amount greater than that specified in such permit. An
application for a new permit shall be deemed to cover any such additional
work, as may be added pursuant to the issuance of an amended permit
within the limit specified herein.
Work for which a permit has been issued shall commence within
30 days after issuance of the permit. If not so commenced, the permit
shall be terminated automatically unless the permittee applies for
an extension of time within which to commence work. If such an extension
is granted, the original permit shall remain in force for the period
of time specified in the extension. Permits which terminate by reason
of failure to commence work within 30 days after issuance thereof
or within any extension of time granted hereunder may be renewed only
upon the payment of an additional permit fee as originally required.
Permits are not transferable from one person to another, and
the work shall not be performed in any place other than the location
specifically designated in the permit.
Every permit shall expire at the end of the period of time which
shall be set out in the permit. If the permittee shall be unable to
complete the work within the specified time, he or she shall, prior
to the expiration of the permit, present, in writing, to the Borough
Manager and/or Secretary a request for an extension of time setting
forth therein the reasons for the requested extension. If the Borough
of Whitaker finds that the failure to complete the work under the
permit within the time specified therein was due to circumstances
reasonably beyond the control of the permittee and that an extension
of time to complete the work under the permit is necessary and not
contrary to the public interest, the permittee may be granted additional
time for the completion of the work.
All street openings required by utilities owned and/or operated
by the Borough shall be made and restored under the direction and
supervision of the Borough of Whitaker. The permit, fee, deposit,
insurance and bond requirements of this article shall not be applicable
to any openings made by Borough-owned and/or operated facilities.
The provisions of this article shall not be applicable in those
instances where the street or highway is maintained by the Commonwealth
of Pennsylvania or by the County of Allegheny; provided, however,
that any person applying for a permit to do work within the right-of-way
of a street or highway maintained by the Commonwealth of Pennsylvania
or by the County of Allegheny which would otherwise require a permit
under the terms of this article shall notify the Borough Manager and/or
Secretary at the time that said application is made and at the time
that the work under any permit issued pursuant to said application
is begun, so that proper safety precautions may be taken by the Borough
during the continuation of said work.
A.
Any permit may be revoked by the Borough of Whitaker, after written
notice to the permittee for:
(1)
Violation of any condition of the permit or of any provision of this
article.
(2)
Violation of any other applicable provision of the Borough Code or
any other applicable ordinance, regulation or statute.
(3)
The existence of any condition or the doing of any act constituting
or creating a nuisance or endangering the life or property of others.
B.
A permittee shall be granted a period of three days from the date
of the notice to correct the violation and to proceed with the diligent
prosecution of the work authorized by the permit before said permit
is revoked.
C.
Written notice of any such violation or condition shall be served
upon the permittee or his or her agent engaged in the work. The notice
shall contain a brief statement of the reasons for revoking the permit.
Notice may be given either by personal delivery thereof to the person
to be notified or by certified or registered United States Mail addressed
to the person to be notified.
D.
When any permit has been revoked and the work authorized by the permit
has not been completed, the Borough of Whitaker shall do or cause
to be done such work as may be necessary to restore the street or
part thereof to as good a condition as before the opening was made.
All expenses incurred by the Borough shall be recovered from the deposit
or bond of the permittee has made or filed with the Borough.
A.
No opening or excavation in any street shall extend beyond the center
line of the street before being backfilled and the surface of the
street temporarily restored.
B.
No more than 100 feet measured longitudinally shall be opened in
any street at any one time, except by special permission of the Borough
Manager and/or Borough Secretary of Whitaker.
C.
All utility facilities shall be exposed sufficiently or their definite
location shall be determined ahead of trench excavation work to avoid
damage to those facilities and to permit their relocation, if necessary.
D.
Pipe drains, pipe culverts or other facilities encountered shall
be protected by the permittee.
E.
Any person whose facilities are damaged or caused to be relocated
by the permittee shall notify the permittee and the Borough of such
damage thereafter may make the necessary repairs or relocation and
file a claim against the permittee with the Borough for the cost of
such repairs or relocation. Public utility companies concerned shall
be notified by the Borough in sufficient time to determine the validity
of the damage or relocation claims. The cost of such repair work or
relocation work may be withheld by the Borough Manager from the deposit
pending determination of liability for the damage.
F.
Monuments of concrete, iron or other lasting material set for the
purpose of locating or preserving the lines of any street or property
subdivision or a precise survey reference point or a permanent survey
benchmark within the Borough shall not be removed or disturbed or
caused to be removed or disturbed unless permission to do so is first
obtained, in writing, from the Borough or private property owner.
Permission shall be granted only upon the condition that the permittee
shall pay all expenses incident to the proper replacement of the monument
to the Borough or private property owner.
G.
When work performed by the permittee interferes with the established
drainage system of any street, provision shall be made by the permittee
to provide proper drainage.
H.
When any earth, gravel or other excavated material is caused to flow,
roll or wash upon any street, the permittee shall cause removal of
the same from the street within eight hours after deposit to permit
safe flow of traffic. In the event that the earth, gravel or other
excavated material so deposited is not removed as specified, the Borough
Manager and/or Borough Secretary shall cause such removal, and the
cost incurred shall be paid by the permittee or deducted from his
or her deposit.
I.
Every permittee shall place around the project such barriers, barricades,
lights, warning flags and danger signs as shall be determined by the
Department of Public Works/Borough Manager and/or Borough Secretary
to be necessary for the protection of the public. Additional safety
requirements may be prescribed by the Borough Manager and, where applicable,
shall be in conformance with the requirements set forth in 67 Pa.
Code § 212.1 et seq., as amended, dealing with work zone
traffic control. Copies of the publication shall be made available
in the office of the Borough Manager for inspection by the public.
J.
Access to private driveways shall be provided except during working
hours when construction operations prohibit provision of such access.
Written notification must be provided to affected property owner and
Borough five business days in advance of work by the contractor.
K.
Excavated materials shall be laid compactly along the side of the
trench and kept trimmed up so as to cause as little inconvenience
as possible to public travel. In order to expedite the flow of traffic
or to abate dirt or dust nuisance, the Borough Manager and/or Borough
Secretary may require the permittee to provide the Boards or bins;
and if the excavated area is muddy and causes inconvenience to pedestrians,
temporary wooden plank walks shall be installed by the permittee as
directed by the Borough of Whitaker. It the street is not wide enough
to hold the excavated material without using part of the adjacent
sidewalk, the permittee shall keep a passageway at least half of the
sidewalk width open along such sidewalk line.
L.
Work authorized to be performed by a permittee shall be performed
between the hours of 7:00 a.m. and 7:00 p.m., Monday through Friday,
unless the permittee obtains written consent from the Borough Manager
and/or Borough Secretary to do the work at an earlier or later hour.
Such permission shall be granted only in the case of any emergency
or in the event that the work authorized by the permit is to be performed
in traffic-congested areas.
M.
In granting any permit, the Borough may attach such other conditions
thereto as may be reasonably necessary to prevent damage to public
or private property or to prevent the operation from being conducted
in a manner hazardous to life or property or in a manner likely to
create a nuisance. Such conditions may include, but shall not be limited
to:
(1)
Limitations on the period of the year in which the work may be performed.
(2)
Restrictions as to the size, weight and type of equipment.
(3)
Designation of routes upon which materials may be transported.
(4)
Designation of the place and manner of disposal of excavated materials.
(5)
Daily requirements as to the laying of dust, the cleaning of streets,
the prevention of noise and other results offensive or injurious to
the neighborhood, the general public or any portion thereof.
(6)
Regulations as to the use of streets in the course of the work.
Any permittee under this article shall be required to restore
a Borough road or street to the same condition as it was prior to
entry thereon by the permittee in accordance with regulations promulgated
by the Borough. The estimate of such restoration shall be set forth
in detail on the permit issued by the Borough.
The permittee shall be required to repair the excavation by
cutting back and resurfacing at least one foot on each side of the
street opening in each direction, and the bond referred to herein
shall include the cost of such restoration. All work shall be done
at such time and in such manner as shall be consistent with the safety
of the public, and shall conform to requirements and standards of
the Borough. If, at any time, it shall be determined by the appropriate
official of the Borough that the work is not being done or has not
been properly performed, the permittee, upon being notified in writing
by said official, shall immediately take the necessary steps, at its
own expense, to place the work in condition to conform to such requirements
or standards. In case any dispute arises between the permittee and
the aforementioned appropriate Borough official, the Borough shall
have the authority to suspend work until the dispute is resolved in
a manner satisfactory to the Borough.
Requirements for openings parallel to a roadway or right-of-way
are as follows:
A.
A utility facility shall be placed outside the pavement and shoulder
unless there is no feasible space outside the pavement and shoulder
for placing the facility, in which case placement of the facility
within the pavement or shoulder may be authorized by the permit.
B.
The top of a utility facility shall be installed at least three feet
beneath the surface.
C.
On an unpaved road, the near edge of the opening shall be at least
12 feet from the general center line of the traveled highway or as
otherwise authorized by the Borough.
D.
No opening may be made for more than 100 linear feet at a time, unless
authorized by the Borough.
E.
The permittee shall protect its opening to provide for the safety
of the traveling public, including motorists, bicyclists and pedestrians.
F.
The permittee shall be required to maintain the flow of traffic within the affected work area at all times and shall be required to provide all necessary signage, flaggers and any other items necessary for traffic control in accordance with Pennsylvania Department of Transportation ("PennDOT") requirements as described in § 355-20I of this article. No road closures shall be permitted at any time without written permission from the Borough. The permittee shall be required to provide acceptable and adequate notification to all affected properties not less than 72 hours prior to the commencement of any construction activities, except in the event of an emergency, when such notification shall be given as timely as possible and with the full knowledge and concurrence of the Borough.
G.
The permittee shall store materials and equipment only at the location(s) approved and acceptable to the Borough other than those noted in § 355-20 of this article. The permittee shall obtain Borough approval of storage locations not less than five business days prior to the commencement of work and shall not deliver or store any materials or equipment within the Borough without said approval. The permittee shall restore the location to its original condition upon completion of the project.
H.
Daily stoppage of work requirements.
(1)
Except for emergency repairs of utility facilities, work within the
pavement or shoulder shall be stopped prior to peak traffic hours
that may exist on a particular roadway on a particular day and as
specified in the permit.
(2)
At the end of each workday, an opening in the right-of-way shall
be:
(a)
Covered with steel plates or bridging over openings which are
less than six feet both in length or width. The plates or bridging
shall be extended a minimum of 18 inches from each edge of the opening
and shall be secured in a safe manner.
(b)
Backfilled to the bottom elevation of the pavement or base course,
or to the original surface elevation if outside the pavement and shoulder,
and protected under an approved traffic control plan until the surface
is restored to its former condition.
A.
Any person who shall open or excavate any improved street in the
Borough shall thoroughly and completely backfill the opening or excavation
and mechanically compact same so as to prevent any settling thereafter
as it was before the opening or excavation. The permittee shall use
the same surface and base materials to the same line and grade as
existed in the street before the opening or excavation.
B.
An opening shall be backfilled by the permittee in accordance with
the following:
(1)
The opening may first be backfilled with fine aggregate materials,
meeting applicable PennDOT standards, or standards as promulgated
by the Borough from time to time, and placed to a height not to exceed
one foot over the top of the facility, or as otherwise authorized
by the Borough. To help protect its facility from future excavations,
the permittee shall place a permanent ribbon at least one foot above
its facility. If the facility is nonmetallic, the permittee shall
place a metallic ribbon at a depth from which the ribbon can be sensed
by typical metal-locating instruments.
(2)
The opening shall then be backfilled with select granular material,
unless retained suitable materials are authorized by the Borough or
other coarse aggregate material specified in the permit. Select granular
material or other aggregate material will be required for use as backfill
of openings in pavements, paved shoulders and improved shoulders as
well as unimproved shoulders within three feet of the edge of the
pavement. Retained suitable material will normally be authorized for
use as backfill of openings outside shoulders and in unimproved shoulders
more than three feet outside the edge of the pavement and up to within
three feet of the surface.
C.
Backfill shall be compacted as follows:
(1)
General rule. Except as provided in Subsection B, backfill material shall be placed in loose layers not to exceed eight inches if vibratory compaction equipment is used or authorized. Each layer shall be thoroughly compacted to preclude subsidence.
(2)
Compaction outside pavement and shoulders. In the alternative to Subsection A, at least 15 days prior to the start of work, the applicant may submit a written compaction plan to the Borough requesting backfill in an opening outside the pavement and shoulder to be placed in layers thicker than eight inches prior to compaction. The compaction plan shall include full details of equipment, materials and work methods as well as the permittee's acknowledgment of its obligation and commitment to regularly monitor the restoration of the permitted work and to promptly correct failure or subsidence of the road or street. The Borough may condition its approval of a compaction plan on the execution of a bond if deemed necessary by the Borough at its discretion.
(3)
Existing pavement elevation. Compaction shall be completed to the
bottom elevation of the existing pavement.
(4)
The Borough may require the permittee to have material proposed for
use as backfill and compacted material tested at the expense of the
permittee.
A.
On improved streets, a temporary pavement consisting of bituminous
cold patch material, with not less than three inches of compacted
depth shall be installed flush with the surface of the existing undisturbed
pavement and shall be maintained until permanent restoration has been
completed. On unimproved streets, compacted 2-A stone material or
such other as reasonably determined by the Borough, not less than
three inches compacted depth shall be installed and maintained until
permanent restoration has been completed.
B.
On streets or alleys that have been improved within a period of five
years or less from the date of the street opening under this article,
the contractor shall be required to mill the existing pavement surface
between the outside edges of pavement (curbline to curbline) of the
existing pavement and to a point not less than two feet beyond the
limits of the opening.
C.
Trench restoration shall be the same as that described for bituminous
pavement restoration below, excepting that the entire area shall receive
a 1 1/2 inches compacted depth overlay of Superpave 9.5 mm Wearing
material.
D.
Permanent restoration shall be performed and completed as soon thereafter
as the utility work has been completed, but in no instance shall permanent
restoration be completed any longer than three months from the date
of completion of the temporary restoration, except as may be necessitated
by winter weather conditions and as approved by the Borough. Failure
to comply shall result in the penalties as set forth herein.
E.
Permanent restoration shall meet the following requirements:
(1)
Bituminous pavement restoration shall consist of the following:
(a)
Saw one foot outside the initial excavation and remove temporary
paving and base to a depth of 7 1/2 inches below the existing
finished surface and furnish and install the following.
(b)
Thoroughly compact subgrade.
(c)
Place three-inch compacted depth of a 2-A modified stone base.
(d)
Place three-inch compacted depth of 19.0 mm Superpave Binder
Material.
(e)
Place one-and-one-half-inch compact depth of 9.5 mm Superpave
Wearing Material.
(f)
Immediately following paving operations hand mop and seal all
edges where new pavement meets existing surfaces with AC-20 sealing
material.
(g)
When four or more consecutive openings occur at one time (within
a twelve-consecutive month period) within one-half of any street (from
the center line to the curbline) the contractor shall be required
to mill the existing pavement surface from the center line to the
outside edge (curbline) of the existing pavement and to a point not
less than four feet beyond the limits of the farthest openings.
(h)
When four or more openings occur from curbline to curbline within
a twelve-consecutive month period, the permittee shall be required
to mill the existing pavement surface from curbline to curbline and
to a point not less than four feet beyond the limits of the farthest
openings.
(i)
Where concrete curb is to be restored, the contractor shall
saw out and remove the entirety of the affected curb to the next undisturbed
expansion or contraction joint, shall place 1/2 inch premolded expansion
joint material and install medium depth eighteen-inch plain cement
curb to match width and reveal of the adjacent existing undisturbed
curb. The newly installed curb must be pinned to the existing curb.
Concrete shall be 4,000 psi air entrained. All new finished concrete
surfaces shall be treated with BASF Enviroseal 40 or equivalent.
(j)
Where concrete sidewalk is to be restored, the contractor shall
excavate and remove existing affected sidewalk to the next undisturbed
expansion or contraction joint, shall saw-cut smooth and replace full
slabs. Specifications shall include three-inch minimum depth of compacted
cinders or crushed stone subbase and five-inch thickness of 4,000
psi air entrained concrete, with No. 6/6 gauge welded wire fabric,
one-half inch pre-molded expansion joints where new concrete construction
meets existing construction and placed at 30 feet center to center,
with contraction joints at 10 feet center to center. All new finished
concrete surfaces shall be treated with BASF Enviroseal 40 or equivalent.
(k)
Additional restoration shall be required as follows:
[1]
If disturbed lanes adjacent to undisturbed lanes are overlaid,
the edge of the disturbed lanes shall be saw-cut or 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 sections. A full width overlay
may be authorized on various roadways instead of saw cutting or milling
the disturbed land.
[2]
Restored openings in the pavement or paved shoulder shall be
sealed in the case of bituminous concrete or in the case of cement
concrete.
(l)
To the extent that PennDOT standards for bituminous pavement
restoration exceed the Borough standards, the Borough may, at its
sole discretion, require the permittee to adhere to the PennDOT standards.
A.
That any person, firm or corporation violating any of the provisions
of this article, upon conviction thereof before a Magisterial District
Judge, shall be sentenced to pay a fine of not more than $1,000, plus
the costs of prosecution and in default of payment of said fine and
costs, to a term of imprisonment not to exceed 30 days.
B.
A separate offense shall arise for each day or portion thereof in
which a violation is found to exist or for each section of this article
found to have been violated. All fines and penalties for the violation
of this article shall be paid to the Borough Manager and/or Secretary.
C.
The proper authorities of the Borough may institute any appropriate
action or proceeding to prevent violations of the provisions of this
article, or of any permit issued by the Borough. Upon receipt of oral
or written notice of any violations from the proper Borough official,
the permittee shall cease to perform any further work in the permitted
area, except to restore the area to a safe condition upon consent
of the Borough. No further work shall commence in the permitted area
until the violations have been remedied. Where the permittee has received
oral notice of the violation, the Borough shall provide written notice
to the permittee within 10 days of receipt of the oral notice upon
request of the permittee.
D.
The proper official of the Borough may revoke the street opening
permit issued under this article in the event of a violation. The
permittee shall have the right to appeal the permit revocation to
Borough Council within five days of receipt of notice of such revocation.
If any of the provisions or terms of this article shall be held
invalid for any reason whatsoever, then, unless such provision or
term is material to this article as to render this article impracticable
to perform, such provision or term shall be deemed severable from
the remaining provisions or terms of this article and shall in no
way affect the validity or enforceability of any other provisions
hereof.
Any ordinance or part of any ordinance conflicting with this
article be and the same is hereby repealed insofar as the same affects
this article.
This article shall be effective upon adoption.
