[Adopted 7-14-1975 by Ord. No. 300]
A.
It shall be unlawful for any person, firm or corporation to make
any opening or excavation in or under any street, alley or other thoroughfare
within the limits of the Borough of Dallastown unless and until a
permit therefor is secured from the Borough Secretary or, in his absence,
from the Mayor for each separate undertaking; said permit and the
application therefor to be in the form prepared by said Borough Secretary.
B.
The police officers of the Borough or person duly appointed shall
promptly prohibit any work being done without a permit.
[Amended 4-13-1998 by Ord. No. 432]
The charge for said permit shall be, for each separate undertaking,
for each square yard or fraction thereof a particular fee as imposed
and established and set by resolution of the Borough Council.
It shall be the duty of any person or persons, firms or corporations
to whom a permit is issued or by whom any opening or excavation is
made as aforesaid to provide and maintain proper and adequate guards,
barriers and lights to prevent accidents, and they shall assume all
risks and be liable for all damages by reason of the openings and
excavations and by reason of any failure to properly fill the hole
or trench and maintain the surface disturbed in a safe condition.
It shall be the duty of any persons or person, firms or corporations
to whom a permit is issued to open or excavate in or under any street,
alley or other thoroughfare of the Borough to completely fill such
opening.
A.
Cuts through bituminous wearing surfaces shall be scored on a neat
straight line to the full trench width, using either a pneumatic spade
or a concrete saw. Cuts through Portland cement concrete shall be
sawed to a sufficient depth to enable removal of concrete with a clean,
straight break.
B.
Excavated material shall be laid compactly alongside the trench and
kept trimmed up to cause as little inconvenience as possible to public
travel. Pedestrian crosswalks shall be kept clean and free of obstructions
and, where necessary, temporary bridging or plank walkways shall be
provided. Excavated material not suitable for backfill shall be immediately
loaded into trucks and removed as excavation is in progress. Construction
materials shall not be stored in the public street except immediately
in advance of installation. Loose earth and stone shall be promptly
cleaned from the streets and sidewalks, and dust shall be regularly
swept up and removed. Side walls or trenches shall be kept as nearly
vertical as possible, and shall be properly shored and braced.
C.
Through rock, utility lines and facilities shall be cushioned by
not less than six inches of clean sand completely around and beneath
the work, so that a cushion completely surrounds the work to afford
protection in the event of future excavation in close proximity thereto.
D.
Backfilling shall follow immediately after installation of the facilities,
and only clean, dry earth or stone screenings shall be used. Backfill
shall be compacted by vibrating or mechanical tampers only and in
layers of proper depth to ensure 95% compaction. No rolling or puddling
will be acceptable as a means of compaction. Excess material shall
be promptly removed, and the street surface hand swept prior to paving
repairs.
[Amended 11-9-1981 by Ord. No. 337]
The restoration of bituminous macadam pavement shall be done
in accord with the Pennsylvania Department of Transportation Regulation
captioned "Occupancy of Highways by Utilities," effective August 13,
1979, together with all amendments and supplements thereto.
Requirements for permanent repairs to surfaces other than bituminous
macadam will be determined by the Borough in each specific case. In
general, final restoration shall be equal to the original surface.
Wherever unusual conditions exist or arise during construction,
the Borough may change the permanent restoration requirements from
those given herein. 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 area, in addition to constructing the final paving repairs
over trench areas. 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.
Any utility or private individual who performs any excavation behind the curbline which causes the street to settle will be held responsible to repair the street at their own expense following provisions specified in this article regulating street openings paying particular attention to §§ 178-14, 178-15, 178-16 and 178-17 or as specified by Borough Engineer.
If the work in opening or excavating or in the filling or maintaining
of surface shall be unskillfully or improperly or incompletely done,
the Borough Engineer may cause the same to be done in the manner he
deems proper and the expense of doing the same shall be charged to
the person or persons, firms or corporation by whom the holes or excavations
were made, together with 25% additional as a penalty. No permit shall
be issued to any person or persons, corporations or firms in default
under this section until the cost and penalty herein provided are
paid, and no further permits shall be granted to any person or persons,
firms or corporations unless and until the holes or trenches opened
by them have been properly filled and the surface permanently maintained
as aforesaid in a safe condition at the proper grade of the street,
alley or other thoroughfare, as may be required, and of which said
Engineer shall be the judge.
A.
In case where the surface disturbed is in the driveway of a paved
street or thoroughfare, the person, firm or corporation making an
opening or excavation shall, at its own proper cost and charge, resurface
the excavation when properly filled as hereinbefore set forth, with
new material of the kind and composition approved by Borough Engineer
as suitable and sufficient, and the Borough Engineer may, in his discretion,
if he deems it advisable, allow an additional 12 inches on each side
of said opening or excavation in estimating the surface disturbed
to assure a neat and complete job. The person, firm or corporation
making any excavation or opening in any paved street or thoroughfare
of said Borough shall keep the same in proper repairs so that there
shall be no hollows nor ridges where said excavation or opening was
made for a period of one year from the date of said resurfacing or
repairing of said excavation or opening in said street or thoroughfare.
B.
Any person, firm or corporation who fails to properly close and resurface
and repair any excavation and keep the same in a proper and fit manner
as above set forth shall be liable to all of the penalties set forth
in this article.
[Amended 4-13-1998 by Ord. No. 432]
Any person or persons, firm or corporation violating any of
the provisions of this article shall, upon conviction thereof, be
punishable by a fine of not more than $600, plus costs of prosecution,
and in default of payment of such fine and costs by imprisonment for
not more than 30 days.
If for any reason the duties prescribed cannot be performed
by the Mayor, they may be performed by or under the direction of the
Chairman of the Street Committee.
