[Adopted 1-2-1968 by Ord. No. 138; amended in its entirety 10-4-2010 by Ord. No. 266 (Ch. 21, Part 2, of the 1992 Code of Ordinances)]
A. 
The following words when used in this article shall have the meanings described to them in this section, except in those instances where the context clearly indicates otherwise.
EMERGENCY
A sudden or unforeseen occurrence involving a clear and immediate danger to life, property and the environment.
EXCAVATION
Any activity within the right-of-way of any street, alley, or cartway which involves cutting, breaking, or disturbing the surface thereof. In this article, the term "opening" shall have essentially the same meaning as "excavation."
PERSON
Any natural person, partnership, firm, association, corporation, public utility, or municipal authority.
STREET
Any public street, avenue, road, square, alley, highway, right-of-way, sidewalk, or other public place located in the Borough and any established for the use of vehicles, but shall not include state highways.
B. 
In this article, the singular shall include the plural and masculine shall include the feminine and the neuter.
Any person who shall desire to make any opening or excavation in any of the streets in the Borough shall make application to the Zoning Officer in writing for that purpose. Such application shall be made upon forms furnished by the Borough, unless otherwise designated by the Zoning Officer, and shall set forth the name of the applicant, the exact location of the proposed opening or excavation, the approximate size or depth thereof and shall indicate 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 further indicating that the applicant shall save harmless the Borough from and indemnify it against any and all actions, suits, demands, payments, costs and charges for or by reason of the proposed opening or excavation, including any damages to persons or property resulting in any manner thereto. The application shall be signed by the person making such application and shall include a section to be signed by the appropriate Borough official approving the application and a section to be signed by the appropriate Borough official upon inspection of the repair/replacement or excavated materials.
A. 
Before any permit shall be issued to open or excavate any street in the Borough, the applicant shall pay a permit fee in an amount fixed according to a schedule established pursuant, from time to time, via resolution of Borough Council, which such permit fee shall be reasonably related to the actual cost of administration and inspection of the repaired/replaced excavated materials. In addition, applicant shall provide proof of liability insurance coverage for not less than $1,000,000 per incident. Finally, applicant shall provide evidence of notification placed to the Pennsylvania One Call System relative to the proposed excavation (Pennsylvania One Call Serial No.).
B. 
All applicants shall allow a reasonable amount of time but no more than two business days from the submission of an application to issuance of a permit.
A. 
The permit shall be issued to the applicant after all the requirements therefor have been filed or have been met. An application may be denied by the Borough for any reason, including, but not limited to, the following:
(1) 
Proposed excavation interfering with or endangering existing or proposed utilities owned by a person or the Borough, who/which is not the applicant;
(2) 
Proposed excavation by an applicant who/which has failed to complete a previously approved excavation;
(3) 
Proposed excavation by an applicant who has not completed subsurface or surface restoration on a previously approved excavation within the Borough in accordance with the terms of this article;
(4) 
Incomplete application, failure to provide necessary proof of liability coverage and/or evidence of failure to provide Pennsylvania One Call System notification; and
(5) 
Contact with all utilities that have recorded their facilities in compliance with the Act of December 10, 1974, P.L. 852, No. 287, § 1 et seq.,[1] as amended or supplemented from time to time, copies of said recording being located at the Clinton County Recorder of Deeds.
[1]
Editor's Note: See 73 P.S. §§ 176 to 186.
B. 
If the application is disapproved, written notice of disapproval together with reasons therefor shall be given to the applicant.
The Borough may, at its discretion, require a bond be posted in the form of a bonding company guarantee, certified check or deposit on account with the Borough in an amount sufficient to cover the costs for the Borough to complete proper backfill, compaction and surface restoration of any excavation/opening which is not completed or improperly completed. The amount of said bond shall be determined by the Borough Zoning Officer in consultation with the Borough Streets Superintendent and/or Borough Engineer.
A. 
Applicant shall notify the Clinton County Communications Center a minimum of one hour in advance of any street closings in the Borough with the following minimum information:
(1) 
Street name;
(2) 
Location of the closed section of street;
(3) 
Proposed time of street closing; and
(4) 
Estimated duration of street closing.
B. 
Upon completion of work, applicant shall notify the Clinton County Communications Center of the reopening of the street. All traffic control shall be in compliance with PennDOT Publication 203 (67 Pa. Code Chapter 203[1]).
[1]
Editor's Note: This chapter has since been reserved; see now 67 Pa. Code §§ 212.401 through 212.419.
A. 
All existing improved surfaces shall be saw-cut around the entire perimeter of the proposed excavation prior to the commencement of such excavation with such saw-cut to be one foot beyond the proposed maximum extent of excavation.
B. 
A stream of water shall be maintained on the saw when cutting roads in order to control dust.
C. 
All material excavated beneath the cartway or within two feet of the cartway shall be removed from site and disposed of in accordance with all erosion and sedimentation pollution control requirements of the Borough, county, state and/or federal governments.
D. 
The work of excavation shall be so conducted as not to interfere with other subsurface lines or constructions until permission of the proper authorities in connection with such subsurface lines or constructions have been obtained.
E. 
No tunneling shall be allowed without the express approval of the Borough Highway Committee and permission thereof endorsed upon the permit.
F. 
All installations by applicants shall be bedded in an appropriate nonbiodegradable bedding which shall be compacted to 97% of the maximum theoretical density as reported by the material supplier and provided to the Borough by applicant.
G. 
All backfill beneath or within two feet of the cartway shall be 100% PennDOT certified 2A stone compacted to 97% of the maximum theoretical density of the material as reported by the material supplier and provided to the Borough by applicant.
H. 
All pavement edges which do not have one foot of undisturbed subbase remaining, measured horizontally and perpendicular to the saw-cut edge, between the saw-cut edge and the limit of excavation, shall be recut and the asphalt removed to provide a minimum of one-foot cutback around the entire perimeter of the excavation.
I. 
2A backfill shall be brought up and compacted in eight-inch lifts to the level of the adjacent undistributed subgrade and given a final compaction to obtain a compaction of 97% of the maximum theoretical density of the material as reported by the material supplier and provided to the Borough by the applicant.
J. 
Surface material shall be restored with identical materials installed in identical thickness to the original material, except as noted. In no case, however, shall the total thickness of asphalt surface be less than 3 1/2 inches.
(1) 
Twenty-five millimeter asphaltic concrete may be substituted for BCBC asphaltic concrete when lifts are a minimum of four inches thick.
(2) 
Nineteen millimeter asphaltic concrete may be substituted for BCBC asphaltic concrete when lifts are a minimum thickness of three inches thick.
(3) 
Nine and one-half millimeter asphaltic concrete may be substituted for ID 2 wearing course.
(4) 
For small repairs, as determined by the Borough Highway Committee, approval may be granted to substitute 9.5 mm asphaltic concrete for 19 mm asphaltic concrete provided the repair is completed in two or more separate lifts, of identical thickness to the original lifts.
K. 
All asphalt or concrete products shall be provided from a PennDOT approved supplier and shall conform to PennDOT Publication 408.
L. 
No asphalt surface restoration may be completed unless the ground is frost free and the ambient temperature is a minimum of 45° F. and rising.
M. 
Concrete shall not be placed when freezing temperatures are likely within the following 30 days.
N. 
Asphalt which has cooled more than 25° below the minimum specified temperature of the batch plant shall be rejected.
O. 
Each lift of material installed shall be compacted prior to placing the subsequent lift.
P. 
All applications proposing utilization of trenchless excavation/installation methods shall include detailed construction specifications with the application, including, but not limited to, the excavation method, hole diameter, casing size and type as applicable, carrier pipe size, casing centralizer specifications as applicable, casing end seal specifications as applicable, drilling mud specifications as applicable, and any other information deemed necessary by the Zoning Officer and/or Borough Engineer to review the proposal. Should the Zoning Officer or the Borough Engineer determine that the proposed construction methods will not be sufficient to prevent settlement, disturbance or failures of the road subgrade or surface and/or prevent threat to other utilities or drainage structures, the application shall be rejected.
Q. 
All asphalt seams shall be sealed with a hot applied treatment of Duroseal HE093 as manufactured by the Henry Company, or equal. Sealant shall be heated to a minimum of 220° F. prior to application.
R. 
All surface restoration shall be completed within 30 days of the commencement of work.
S. 
The Streets Superintendent and/or Borough Engineer shall have final authority to accept or reject any or all materials and/or workmanship.
T. 
During the making of any excavations, every necessary and reasonable precaution shall be taken by the applicant and/or 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, including all traffic control devices as provided in PennDOT Publication 203.
U. 
The applicant shall notify the Borough Streets Superintendent when the opening or excavation is ready for backfilling. Each lift of backfilling shall be inspected by the Borough Streets Superintendent. Upon completion of the backfilling, the Borough Streets Superintendent shall inspect same for appropriateness. When paving is completed, the Borough Streets Superintendent shall inspect same for appropriateness. Each step, described above, shall require inspection by the Borough Streets Superintendent.
A. 
In the event that any work performed by or for a permit holder shall, in the opinion of the Borough Streets Superintendent and/or Borough Engineer, be unsatisfactory and the work shall not be corrected in accordance with written instructions given applicant, or in the event that the work for which the permit was granted was not completed within the time fixed by this article, or otherwise, the Borough may proceed to correct such unsatisfactory work or complete any such work not completed and charge the costs thereof, plus 20% to the applicant.
B. 
If requested in writing by applicant, the Borough of Avis, through Borough Council's Highway Committee, may consider restoration of the surface for a fee per square foot or a per site fee to be determined from time to time, via resolution, of Borough Council. The Borough shall have the discretion to accept or reject such request.
Should the ground be frozen and/or the ambient temperature is less than 45° F., the following temporary measures may be taken, upon approval by the Borough Streets Superintendent and/or Borough Engineer:
A. 
Permanent repair shall not be made to asphaltic concrete when the ground is frozen or when ambient temperatures are less than 45° F. and rising. Portland cement concrete repairs shall not be made when ground conditions are frozen or freezing temperatures are forecast in the following 30 days.
B. 
Unless otherwise approved by Borough Streets Superintendent and/or Borough Engineer, all temporary repairs shall be accomplished by placing and compacting a three inches thick layer of cold patch.
C. 
Cold patch shall meet the specifications of PennDOT Publication 408.
D. 
Applicant shall be responsible to maintain the temporary cold patch repair as necessary to ensure a smooth driving surface free of standing water until permanent repairs may be effected.
E. 
Applicant shall remove cold patch and effect permanent repairs per § 450-19 of Article IV of Chapter 450 of the Avis Borough Code of Ordinances, no later than the first May 15 to occur subsequent to completion of such temporary repair(s).
A. 
In the case of emergency, as defined in this article, excavation/openings shall be allowed upon approval, provided that application for the permit shall be made immediately and not later than the next business day thereafter, and that all other provisions of this article are fully complied with. The determination of an emergency shall be in the sole discretion of the Borough Zoning Officer in consultation, if necessary, with the Borough Streets Superintendent and/or Borough Engineer.
B. 
Authorization for emergency excavations/openings shall not be construed to relieve the applicant of its responsibility to comply with all other provisions of this article, including appropriate notification under the Pennsylvania One Call Act,[1] notification to the Clinton County Communications Center of a street closing and all other provisions of this article.
[1]
Editor's Note: See 73 P.S. § 176 et seq.
Any permit issued per this Article IV of Chapter 450 of the Avis Borough Code of Ordinances does not confer upon the applicant the right to cut, remove or destroy trees or shrubbery within the legal right-of-way except under specifications, regulations, and conditions as Borough Council, through its Highway Committee, may prescribe.
Any person who shall violate any provision of this article shall, upon conviction thereof, be sentenced to pay a minimum fine of $100 and a maximum fine of $600 and costs and, in default of payment thereof, shall be subject to imprisonment for a term not to exceed 90 days. Each day that a violation of this article continues shall constitute a separate offense.
In addition to the penalties provided in § 450-24 of this article, the Borough may exercise any other legal or equitable remedies available to it to assure that the terms of this article are complied with by an applicant.
All ordinances or parts of ordinances which are inconsistent herewith are hereby repealed.
If any sentence, clause, section, or part of this article is for any reason found to be unconstitutional, illegal or invalid, such unconstitutionality, illegality or invalidity shall not affect or impair any of the remaining provisions, sentences, clauses, sections or parts of this article. It is hereby declared as the intent of Avis Borough Council that this article would have been adopted had such unconstitutional, illegal or invalid sentence, clause, section or part thereof not been included herein.