[Adopted 8-20-1996 by Ord. No. 299-A (Ch. 21, Part 3, of the 2010 Code of Ordinances)]
A. 
The following words, when used in this article, shall have the meanings ascribed to them in this section, except in those instances where the context clearly indicates otherwise:
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 or municipal authority.
STREET
Any public street, avenue, road, square, alley, highway or other public place located in the Borough and established for the use of vehicles, but shall not include state highways.
B. 
In this article, the singular shall include the plural, and the masculine shall include the feminine and the neuter.
It shall be unlawful for any person to open or to make any excavation of any kind in any of the streets in the Borough without first securing a permit therefor as hereinafter provided.
Any person who shall desire to make any opening or excavation in any of the streets in the Borough shall make application to the Borough Manager, in writing, for that purpose. Such application shall be made upon blanks to be furnished by the Borough and shall set forth the name of the applicant, the exact location of the proposed opening or excavation and the approximate size or depth thereof and shall contain 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 that the applicant shall well and truly save, defend and keep 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 and all damages to person or property resulting in any manner therefrom, or occurring in the prosecution of the work connected therewith, or from any other matter, cause or thing relating thereto.
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 to resolution.[1] When application shall be made to open or excavate any longitudinal opening or excavation in excess of 10 feet, before any permit shall be issued so to open or excavate, the applicant shall pay all legal, engineering, inspection and administrative costs incurred by the Borough, in addition to the permit fee set forth in resolution.
[1]
Editor's Note: The current Fee Schedule is on file in the Borough offices.
Permits shall be issued only to persons furnishing public utility services or the owner or owners of the real property adjoining the location where such opening or excavation is to be made.
Any permit issued hereunder shall specify the exact location where the opening or excavation is to be made, the approximate permitted size or depth thereof and the time within which the work for which the permit is granted is to be completed.
A permit may be issued to the applicant after all the requirements therefor have been filed. If the application is disapproved, written notice of disapproval, together with reasons therefor, shall be given to the applicant.
The work authorized by the permit is subject to all the provisions of the Act of December 10, 1974, P.L. 852, No. 287, § 1 et seq., as amended or supplemented from time to time.[1] It shall be the permittee's responsibility to contact the utilities that have recorded their facilities in compliance with said Act. A partial list of utilities providing services in the Borough and their office addresses may be obtained from the County Recorder of Deeds.
[1]
Editor's Note: See 73 P.S. § 176 et seq.
[Amended 11-9-2010 by Ord. No. 396]
Any person who shall open or excavate any street in the Borough shall thoroughly and completely refill the opening or excavation in such a manner as to prevent any settling thereafter and shall restore the surface in accordance with § 362-27. If, within two years after the restoration of the surface as herein provided, defects shall appear, and defects, in the determination of the Borough Engineer, have resulted from defective backfilling by the applicant, the applicant shall reimburse the Borough for the costs of all necessary repairs to the permanent paving.
All other work in connection with openings in any street, including excavation, protection, refilling and temporary paving, shall be done by or for the person to whom or which the permit has been issued at his or its expense; and all such work shall be subject to the provisions of this article and to the supervision and approval of the Borough Engineer, provided that the Borough Engineer may, if he deems it necessary to the proper performance of the work, require that cutting of the surface of streets and the backfilling of all excavations therein shall be done by the Borough, in which event the applicant shall pay the actual cost of the work performed by the Borough.
[Amended 12-18-2001 by Ord. No. 326; 11-9-2010 by Ord. No. 396]
A. 
No opening or excavation in any street shall extend from the curbline into the highway a distance greater than one foot beyond the center line of the street before being refilled and the surface of the highway restored to a condition safe and convenient for travel.
B. 
No more than 250 feet longitudinally shall be opened in any street at any one time.
C. 
The work of excavation shall be so conducted as not to interfere with the water mains, sewers or their connections with the houses or any other subsurface line or construction until permission of the proper authorities in connection with such subsurface lines or constructions shall have been obtained.
D. 
No tunneling shall be allowed without the express approval of the Borough Engineer and permission therefor endorsed upon the permit. The backfilling of a tunnel excavation shall be made only in the presence of the Borough Engineer or an inspector designated by him and shall be done only in a method approved by him.
E. 
During the making of any excavation in the street, every necessary and reasonable precaution shall be taken by the applicant and 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; and all excavating permits granted hereunder are granted under and subject to the express condition that the person to whom the same are issued shall indemnify, save and keep harmless the Borough from any loss in damages, or otherwise whatsoever, which may or shall be occasioned at any time by the said excavation or by any leak, explosion or other injury from any pipe, apparatus, conduit or any other matter placed in the said excavation.
F. 
The applicant shall notify the Borough Engineer when the opening or excavation is ready for backfilling before any backfilling is done, when backfilling work is completed, when the temporary paving has been installed and when the street is to be permanently restored so that inspections may be made.
G. 
A portion of the roadway may be used for staging of equipment and materials during the workday; however, all materials and equipment must be removed from the roadway at the end of each day. If any materials and equipment are stored within the right-of-way, the area must be returned to its original state prior to completion of job.
H. 
The applicant/permittee shall backfill all trenches as promptly as is consistent with noninjury of the work performed therein and shall temporarily pave the road to enable the resumption of normal traffic. All trenches shall be backfilled or covered at the end of each working day.
(1) 
The edges of the existing pavement shall be neatly and cleanly cut to straight lines. The edges of the pavement shall be neat-cut back from the edges of the trench at a minimum distance of one foot on each side.
(2) 
Where a trench associated with utility construction (i.e., water, sanitary sewer, electrical, gas, telecommunications, cable television, etc.) is cut in travel lane(s) of roadway, the full width of said travel lane shall receive a one-and-one-half-inch mill and overlay of wearing course.
(a) 
In the following instances, the full width of the roadway (all travel lanes) shall be milled and overlaid:
[1] 
Trench restoration for any roadway which has been resurfaced within three years shall include a one-and-one-half-inch mill and overlay for full width of the roadway.
[2] 
Where the width of the roadway is less than 25 feet, the full width of the roadway shall receive a one-and-one-half-inch mill and overlay.
[3] 
In locations where there is more than one lateral or service trench within 100 feet of the roadway, the roadway shall receive a full-width one-and-one-half-inch mill and overlay of the wearing course.
(b) 
Mill and overlay of the travel lane or roadway shall extend a minimum of 10 feet beyond the trench excavation at both ends of the excavation. Further, the mill and overlay requirements specified by this section do not apply to excavations associated with curb and/or driveway apron construction/replacement.
(3) 
All openings and excavations shall be backfilled with 2A modified stone aggregate, thoroughly compacted in layers, each of which layer shall not exceed eight inches in depth. Stone backfill shall be placed to a depth to allow paving restoration.
(4) 
The joints formed between the existing pavement and the new pavement shall be sealed with hot bituminous material or PG 64-22 asphalt.
(5) 
Temporary paving. The pipe or structure shall be placed on a bed of 2A aggregate (six inches' depth minimum), or as specified by the manufacturer. The remaining trench shall be backfilled with 2A aggregate and mechanically tamped in eight-inch layers to 100% dry weight density per ASTM 698 up to the level of the base paving. Temporary paving shall consist of a bituminous cold mix to a minimum depth of two inches, installed flush with the surface of the adjoining paving. Paving materials removed from the original surfacing, such as cinders, stone or stone screening, shall not be permitted to be used as trench backfill or temporary paving. It shall be the contractor's responsibility to monitor the trench backfill and add additional material if settlement occurs before permanent paving is installed. Temporary paving shall be maintained for a minimum period of 60 days, unless otherwise approved by the Borough Engineer.
(6) 
Permanent paving. At the expiration of the sixty-day period of temporary paving, or in a shorter period if so approved by the Borough Engineer, the permanent paving shall be installed. Permanent paving shall be completed within 90 days of the issuance of the permit. The permanent paving shall be maintained for a period of 24 months after completion.
(7) 
The paving for the permanent restoration shall consist of, as a minimum, bituminous wearing course (1 1/2 inches compacted depth) on binder course (two inches compacted depth) on bituminous concrete base course (BCBC) (five inches compacted depth). All paving shall conform to the current specifications of the Pennsylvania Department of Transportation (PennDOT). Bituminous tack coat material shall be applied to each bituminous paving course prior to placement of the next paving course. Edges of the existing paving surface shall be sharp (clean-cut) and straight. No feather edging will be permitted before applying the wearing surface course. All paving seams shall be sealed with hot bituminous material. Any work proposed within a state highway may differ from the requirements set forth herein and will be determined by the highway occupancy permit requirements.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
I. 
Maintenance and protection of traffic shall be addressed for all construction, maintenance, and utility work on or adjacent to all roads within the Borough. Guidelines, as established by Pennsylvania Department of Transportation (PennDOT) Publication 408, Section 900, Traffic Accommodation and Control, most updated version, and in PennDOT Publication 213, Temporary Control Guidelines, latest edition, shall be followed.
J. 
In the event that any work performed by or for a permit holder shall, in the opinion of the Borough Engineer, be unsatisfactory, and the same shall not be corrected in accordance with his instructions within the time fixed by him, or in the event that the work for which the permit was granted is not completed within the time fixed by the Borough Engineer, the Borough may proceed to correct such unsatisfactory work or complete any such work not completed and charge the cost thereof, plus 20%, to the applicant.
K. 
All work, except in the event of emergencies, shall not begin prior to 7:00 a.m. and shall end by sunset, Monday through Friday. Saturday work may commence at 8:00 a.m. and shall end by sunset. No work shall be performed on Sundays or holidays. The Borough may allow, in writing on the permit issued, longer working hours and work on Sundays upon the applicant having demonstrated to the Borough that the inconvenience and disturbance to the traveling public and neighboring property owners shall be thereby lessened.
In the case of any leak, explosion or other accident in any subsurface pipe, line, construction or apparatus, it shall be lawful for the person owning or responsible for such pipe, line, construction or apparatus to commence an excavation to remedy such condition before securing a permit, provided that application for a 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. If any such emergency condition shall not be immediately attended to by the owner or person responsible for such pipe, line, construction or apparatus, the Borough Engineer, after such notice as he shall deem necessary under the circumstances of the particular case, shall proceed to do the work necessary and required by such emergency and charge the same on the basis of cost, plus 20%, to such owner or person.
The permission herein granted does not confer upon the permittee or its contractors the right to cut, remove or destroy trees or shrubbery within the legal right-of-way except under specifications, regulations and conditions as the Borough may prescribe.
The applicant shall give timely notice to all persons owning property abutting on any street within the Borough about to be paved or improved and to all public utility companies operating in the Borough; and all such persons and utility companies shall make all water, gas or sewer connections, as well as any repairs thereto which would necessitate excavation of the said street, within 30 days from the giving of such notice, unless such time is extended, in writing, for cause shown by the applicant. New paving shall not be opened or excavated for a period of five years after the completion thereof, except in case of emergency, the existence of which emergency and the necessity for the opening or excavating of such paving to be determined by the Borough Engineer. If it is sought to excavate upon or open a utility line within five years after the completion of the paving, the applicant shall make written application to the Borough Council, and a permit for such opening shall be issued only after express approval of the Borough Council or its duly designated representative.
If at any time in the future the roadway is widened, reconstructed or the alignment or grades are changed, the permittee further agrees to change or relocate all or any part of the structures covered by this permit which interfere with the improvement of the roadway at its own cost and expense.
No new water, sewer, steam or gas main or electric, telephone or other utility line shall hereafter be laid or constructed, and no such existing main or line shall be extended, in any of the streets of the Borough until the plan therefor shall have been first filed with the Borough Engineer and such plan, and the exact location of such main or line, approved by him. The Borough Engineer shall not approve the locating of any such main or line at a depth of less than 30 inches from the surface of the street unless he shall be convinced that locating the same at a depth of more than 30 inches from the surface is impossible or impractical.
No company, corporation or association shall dig up any street or alley without first giving to the Borough a bond, with some acceptable trust or surety company, as surety, in the sum determined by the Schedule of Fees,[1] conditioned for the faithful performance of these provisions and also for any and all damages, claims, demands, suits, costs and counsel fees occasioned or arising from the digging up, opening or closing of said streets and alleys.
[1]
Editor's Note: The current Fee Schedule is on file in the Borough offices.
Payment for all work done by the Borough under the provisions hereof shall be made by the person made liable therefor under the provisions hereof within 30 days after a bill therefor is sent to such person by the Borough. Upon failure to pay such charges within such time, the same shall be collectible by the Borough by an action in assumpsit or in the manner provided by law for the collection of municipal claims.
In addition to the requirements of the Pennsylvania Department of Transportation, any individual or entity which seeks to perform an excavation of a state highway in the Borough of Chalfont shall also apply to and receive a permit from the Borough of Chalfont.
[Added 12-18-2001 by Ord. No. 326]
Any person, firm or corporation who shall violate any provisions of this article shall, upon conviction thereof, be sentenced to pay a fine of not less than $1,000, plus costs, and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 30 days. Each day that a violation of this article continues or each section of this article which shall be found to have been violated shall constitute a separate offense.