[Adopted 8-11-2010 by Ord. No. 8-11-10 (Ch. 122, Art. I, of the 1992
Code)]
Final street cut restoration must consist of a minimum of four
inches of bituminous concrete base course (BCBC). Place a minimum
of two inches of ID-2 wearing course to match the existing street
surface. Seal all edges with AC 20 asphalt sealer two inches on each
side from the edge of the cut to form a four-inch continuous seal
around the cut.
It is the permittee's responsibility to properly restore any
and all adjacent surfaces disturbed by the action of work in the right-of-way
to equal or better condition than existed prior to start of work.
Sidewalks, driveways, curbs, lawn or grass areas will be restored
in accordance with Borough ordinance. All work is to be done at the
permittee's cost and expense to the satisfaction of the Borough Engineer
or designee and the property owner.
Any utility openings in sidewalks for utility service connections
that require excavation shall be backfilled with flowable fill, as
set forth in this article, subject to the review and approval of the
Borough Engineer or his designee.
When openings are made on streets, Borough parks or sidewalks
using bricks as a wearing surface, flowable fill a minimum of four
inches shall be installed under the brick surface.
[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 being found liable therefor, pay a fine of not more than
$600, plus court costs and reasonable attorneys’ fees incurred
by the Borough in the enforcement proceedings. If the penalty is not
paid, the Borough shall initiate a civil action for collection in
accordance with the Pennsylvania Rules of Civil Procedure. Each day
a 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 Bradford County.
No permit shall be issued to any person, persons, corporation
or other party in default under this article until the costs and expenses
herein provided for are paid.
In no case shall any opening or excavation made in the Borough
of South Waverly by any permittee be considered in the care of or
in the charge of the Borough. No officer or elected official or any
other person employed by the Borough is authorized in any way to take
or assume any jurisdiction or responsibility for the Borough over
such openings or excavations. The Borough inspection of all subject
excavations shall be performed only by the Borough Engineer or designee
of the Borough Council, as hereinbefore stated. The Borough inspection
does not remove from the permittee his complete responsibility for
the subject excavation or opening at all times.