[Ord. 1979-1, 2/5/1979, § 1]
It shall hereafter be unlawful for any person, firm, corporation or other entity to excavate, tear up or disturb the surface of any street, lane, alley or other thoroughfare of the Borough for any purpose whatsoever - including any and all test holes - without first procuring a permit from the Borough of Watsontown; application for which permit shall be in writing, signed by a duly authorized person of said entity for whose use and benefit the excavation or test hole is to be made.
[Ord. 1979-1, 2/5/1979, § 2]
The permit required by § 21-101 of this Part 1 shall be issued by the Borough of Watsontown only upon the condition that the applicant for such permit shall state in his application that he understands that the same is issued pursuant to the terms and conditions of this Part 1 and that in consideration of the issuance of the permit he or they agree to pay the cost of the permit and any costs and expenses incident thereto under the terms of the Part 1 and to observe all the terms and conditions thereof. Payment of the costs and expenses herein referred to shall be made by such person, firm, corporation or entity to whom such permit is issued within 10 days after written notice of the same has been given by the Borough of Watsontown.
[Ord. 1979-1, 2/5/1979, § 3]
Upon applying for a permit for the making of test holes or for any proposed excavation for the purpose of laying, relaying, taking up or repairing any gas, water, sewer, steam, TV, electric, phone or other utility line, cable or conduit in any street, alley, lane or thoroughfare of the Borough, the person, firm, corporation or other entity shall submit to the Borough of Watsontown a plan and specifications showing the location of the proposed test holes or excavation and the kind and size of the lines, pipes, cables or other conduits to be laid, relaid or repaired.
[Ord. 1979-1, 2/5/1979, § 4]
1. 
When excavating any street, lane, alley or thoroughfare of the Borough of Watsontown for the purpose of laying, relaying, taking up or repairing any utility lines, cables or other conduits, not more than 400 feet lineal measure shall be open at any one time per permit.
2. 
Excluding intersections, no portion of any street, lane, alley or other thoroughfare of the Borough of Watsontown shall remain impassable for vehicles by reason of any excavation for laying, relaying or taking up lines, cables or other utility conduits for more than seven days from the beginning of any work on the same.
3. 
Excluding intersections, no portion of any street, lane, alley or other thoroughfare of the Borough shall remain impassable for vehicles by reason of any excavation for the purpose of making repairs to any said utility lines, cables, or conduits or for laying new house connections for more than two days from the beginning of any work on same.
4. 
No intersection of any streets, lanes, alleys, or other thoroughfares of the Borough shall be or remain impassable for vehicles for more than eight hours by reason of any above mentioned excavations.
[Ord. 1979-1, 2/5/1979, § 5; as amended by Ord. 2013-01, 6/26/2013]
1. 
Every person, firm, corporation or other entity, whether owner or contractor, excavating or distributing the surface of any street, lane, alley or thoroughfare of the Borough for any purpose whatsoever, is responsible for placing good and sufficient guards by day about such excavation or work site, including flagman where the flow of traffic would be restricted while work is being performed and a warning light or signal visible from 300 feet at night, from sunset until sunrise, at each end of such excavation and at every intersection of such excavation with any street, lane, alley, sidewalk or other thoroughfare and at sufficient close intervals elsewhere to give effectual notice of such excavation. The issuance of a permit under the terms of this Part shall not operate to release the holder thereof from any liability for damage on account of any negligence upon the part of the holder of the permit or any employee thereof, in or about any excavation authorized by such permit.
2. 
The permit holder must notify the Borough on the day work shall begin under the permit. The Borough must be notified prior to the work being started. The permit holder must also notify the Borough prior to closing the street opening. The permit holder will provide this notice during the Borough's business hours and at least two hours prior to closing of a street opening. The Borough shall be immediately notified if any utility is hit during the opening. Except in emergency situations, an opening shall not be closed when a utility has been hit until the utility owner has had the opportunity to inspect the area hit by the permit holder.
[Ord. 1979-1, 2/5/1979, § 6; as amended by Ord. 1990-6, 12/3/1990; and by Ord. 2013-01, 6/26/2013]
1. 
All streets, lane, alleys or other thoroughfares or the Borough, excavated or disturbed for the purpose of laying, relaying, taking up or repairing any gas, water, sewer, TV, electric, phone or other utility lines, cables or conduits or for the making of any test holes, shall be immediately repaired and restored and kept in repair for one year from the time work is finished on such excavation or other work according to the following terms:
A. 
In making any excavations authorized by any permit issued under this Part, the material removed shall be kept separate so that in refilling the excavation or opening, the same type of materials shall be returned in the order in which they were removed. The materials intended to be covered by this section include: new paving materials; new concrete foundation; cinders; sand; other materials.
B. 
In refilling excavations on paved streets or other paved thoroughfares, before the pavement is replaced, six inches of pavement and foundation shall be broken down on all sides of the trench or opening made in such pavement after the excavation has been properly refilled. In replacing the foundation for the pavement to be relaid, stone dust or No. 8 stone will be used to cover the line or cable in the trench to a depth of eight inches above the line or cable. The opening will then be filled to within six inches of the finished grade with 2A Mod crushed stone. The remaining six inches shall be four inches of BC BC and two inches of ID-2 Wearing Course. The top coat will be a hot application (during period of ambient temperatures above 50) of ID-2 material with a minimum of two inches depth or a cold patch (during periods of ambient temperatures below 50) of the same. This must be level with the street surface. In refilling, the soil and each eight inches layer or stone shall be tamped with regular tamping bars, and filled to grade by the holder of the permit. Compaction levels of 95% or higher must be reached in all filled material. All such refilling shall be done under the supervision and inspection of the Borough of Watsontown or its designated representative.
C. 
Disturbed portions of the highway, including, but not limited to, slopes and appurtenances and structures such as guide rails, curbs, signs, markings, drainpipes, 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, if the restoration is consistent with the "Roadway Construction Standards." Additional restoration conditions may also be required, upon written notification to restore the structural integrity of the pavement or shoulder.
D. 
If the permittee opens pavement having a bituminous concrete surface and the wearing course is less than five years old, the permittee shall, in addition to the restoration condition outlined in the permit and in this section, 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 overlay the traffic lanes in which the opening was made for the entire length of highway 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 overlay traffic lanes in which the openings were made, for the entire length or highway between the openings, in a manner authorized by the Borough.
(3) 
When four or more emergency openings have been made by the same permittee within 100 linear feet of pavement, the permittee shall overlay traffic lanes in which the openings were made, for the entire length of highway between the openings, in a manner authorized by the Borough.
(4) 
If disturbed lanes adjacent to undisturbed lanes are overlaid, the edge of the disturbed lane 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 section. A full-width overlay may be authorized on various highways instead of saw cutting or milling the disturbed lane.
(5) 
If disturbed lanes adjacent to shoulders are overlaid, 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.
E. 
Regardless of the age of the wearing course:
(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 lanes in which the openings were made, for the entire length of highway that was opened, if the Borough determines that the ride-ability or structural integrity of the pavement have been impaired by the openings.
(2) 
If four or more openings are made by the same permittee within 100 linear feet of pavement, the Borough may require the permittee to restore the entire disturbed pavement between the openings by milling, planing or other authorized method and overlaying the entire disturbed pavement.
F. 
Aggregate used in a bituminous overlay wearing course shall comply with skid resistance level (SRL) criteria specified in Design Manual (Part 2, Chapter 11 of PennDOT).
G. 
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.
H. 
At each end of an overlay, the permittee shall install a paving notch, under Roadway Construction Standard RC-28 (PennDOT), by milling, planing or other authorized method and provide a minimum ten-foot transition.
I. 
The transition areas at each end of an overlay shall follow the contour of the surrounding surface.
J. 
When pavement markings on more than 100 linear feet of highway are covered or destroyed by the permitted work, including overlays, they shall be replaced with temporary pavement markings, under § 203.72 (PennDOT) (relating to temporary pavement markings) before opening the disturbed pavement to traffic. When the pavement surface is restored, pavement markings that were covered or destroyed shall be replaced in their former location.
K. 
In the case of any test holes that are made pursuant to this Part, upon completion if said test, all holes shall be filled with sand, with the last four inches to be filled with a rubber type sealer.
L. 
After such repairs or repaving are completed upon any improved street, lane, alley or other thoroughfare of the Borough, a mark of identification shall be placed at the edge of the repaired surface closest the edge of the improved surface. This identification mark shall consist of the date on which the repairs or repaving are completed marked by paint of a durable wearing quality which shall be color coded as follows: blue (water), yellow (gas), red (electric), white (telephone) and green (sewer).
M. 
The person, firm, corporation or other entity responsible for making such excavation or test holes will be responsible for making the proper restoration to the surface of any street, lane, alley or other thoroughfare according to the Part and shall be responsible to pay the costs and expense for all said work, including the costs of all materials and the costs of any inspections deemed necessary under this Part.
[Ord. 1979-1, 2/5/1979, § 7]
Every person making or superintending any excavation or test hole shall exhibit the permit issued therefor to the Street Department or any policemen of the Borough of Watsontown when requested to do so. It shall be the duty of any such officer or Street Department official to report to the Borough Secretary the name of any person, firm, corporation or other entity making such excavation, or test hole without such permit or who is in violation or who has violated any of the provisions of this Part 1 and the Police Department of the Borough of Watsontown is hereby charged with the duty of enforcing the provision of this Part 1.
[Ord. 1979-1, 2/5/1979, § 8]
In the event that immediate emergency repairs are required to be made on any gas, water, sewer, steam, TV, electric, phone or other utility line, cable or conduit, no person, firm, corporation or other entity shall be required to first obtain a permit under this Part 1 before beginning such emergency repair work. However, he or they shall be required to procure the proper permit as prescribed by this Part 1 within 48 hours after beginning such emergency repair work and comply in every other way with the terms of this Part 1.
[Ord. 1979-1, 2/5/1979, § 9; as amended by Ord. 1988-1, 8/1/1988]
1. 
Rates for permits and/or other fees under this Part 1 are as established from time to time by the Borough Council.
2. 
Inspector fees when deemed necessary by the Borough of Watsontown or its designated representative will be the then-current rate (regular rate or overtime - as the case may be) of the Street Foreman's hourly rate, plus any cost that arises from testing equipment and transportation.
3. 
For excavations that involve any portion of the paved roadway in any public area for any reason other than an emergency as defined in § 21-108, the following Roadway Excavation Degradation Fee shall apply per each excavation in addition to the street opening fee as finally restored:
[Added by Ord. No. 2019-01, 4/8/2019]
Degradation Fee in Addition to the Excavation Fee
Roadway Pavement Age
Fee
More than five years
$50
Less than five years
$100
Less than four years
$300
Less than three years
$500
Less than two years
$700
Less than one year
$900
[Ord. 1979-1, 2/5/1979, § 10; as amended by Ord. 2013-01, 6/26/2013]
1. 
Any person, firm, corporation or other entity who refuses or fails to comply with the terms and conditions of this Part, upon conviction thereof in an action brought before a Magisterial District Judge in the manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure, shall be sentenced to pay a fine of not more than $1,000 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 90 days. Each day that a violation of this Part continues or each section of this Part which shall be found to have been violated shall constitute a separate offense.
2. 
The Borough of Watsontown may refuse to grant a permit or revoke a previously issued permit to any person, firm, corporation or other entity that did not comply with all the terms and conditions of this Part for any current or past excavations or test holes, until such person, firm, corporation or other entity, satisfactorily brings into compliance with this Part any and all current or past excavations or test holes.