[Adopted 8-11-1987 by Ord. No. 685 (Ch. 21, Part 1, of the 1990 Borough Code of Ordinances)]
This article shall be known and cited as "The Borough of Royersford Street Cut Ordinance."
The following words, as used in this article, shall have the meanings hereby respectively ascribed thereto:
BOROUGH
The Borough of Royersford.
ENGINEER
The Borough Engineer, or other person duly authorized and appointed by the governing body to perform the duties of Engineer.
GENDER
The singular shall include the plural and the plural shall include the singular, and the masculine shall include the feminine and neuter.
GOVERNING BODY
The Borough Council of the Borough of Royersford.
PERMIT
Document issued by person designated by Borough Council regulating the opening and closing of excavations in dedicated streets pursuant to this article.
PERSON
Any natural person, partnership, association, firm or corporation.
STREET
The right-of-way of any dedicated public street, avenue, boulevard, highway or alley in the Borough of Royersford, except for state highways.
[Amended 10-30-1990 by Ord. No. 715]
A. 
It shall be unlawful for any person to drill any hole, or make any opening or excavation in any street in the Borough without first having obtained from the Borough a permit pursuant to this article.
B. 
All work authorized by permit shall be done in strict conformity with said permit and in strict conformity to the provisions of this article.
C. 
No permit shall be issued until the Applicant shall have complied with the following conditions:
(1) 
Payment of permit fee in the amount as established from time to time by the Borough Council, which sum shall be for the use of the Borough.[1]
[1]
Editor's Note: The current Fee Resolution is on file in the office of the Borough Secretary.
(2) 
Applicant shall deposit with the Borough a security deposit, which will be applied by the Borough for the cost of restoration of the street opened or excavated. Any balance remaining on said security deposit may be returned by the Borough to the permit holder, or the Borough, in its discretion, may retain any balance as liquidated damages. In the event that said security deposit is not sufficient to cover all costs of restoration, then and in that event, the permit holder shall pay to the Borough the amount of such deficiency within 10 days of written notification by the Borough to the permit holder of the amount of the deficiency.
(3) 
The restoration fee which is necessary for the Borough to do the required restoration, will be determined by the Borough, based on current square yard costs for restoration, but at no time will the restoration fee be less than $1,000.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(4) 
In the case of an emergency, a person may open or excavate any street without first having obtained a permit pursuant to this article. In that event, said person shall, within 24 hours of the commencement of said work, apply for a permit pursuant to this article. In the event that said work for said emergency occurs during a holiday or such other day when the Borough Office is closed and a permit cannot be obtained, then the required permit under the terms of this article shall be obtained on the first working day thereafter.
A. 
All openings or excavations of streets, excepting drill holes, shall, before completion, be cut with a power saw and not with an air jack hammer or similar device.
B. 
Any person opening or excavating any street shall upon completion of the project and after notification to the Borough, immediately and completely refill such openings or excavations, mechanically tamping the same so as to prevent any settling thereof.
C. 
All refilling and restoration shall be done in strict conformance with the detailed sketch for refilling and restoration as set forth in Exhibit A, which is a part of this article.[1]
[1]
Editor's Note: Exhibit A is included as an attachment to this chapter.
D. 
Where test holes have been drilled, they shall be filled and sealed with hot tar.
E. 
Temporary restoration and backfilling of any openings or excavations shall be in accordance with Exhibit A. The permittee shall be held responsible for maintenance of any settlement which occurs within one year. Periodic inspections will be made by the Borough.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
F. 
Street openings and excavations in excess of 100 feet shall be required to mill 1 1/2 inches and overlay 1 1/2 inches bituminous wearing course as indicated in Exhibit A for the entire road width (curb to curb) for the length of the opening or excavation.
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
G. 
The permittee shall be held responsible for maintenance of any settlement which occurs within one year or until the Borough completes the final restoration. Periodic inspections will be made by the Borough.
Each person requesting a permit under this article shall file an application with the Borough, which application shall state the following:
A. 
The purpose for which such opening or excavation is to be made.
B. 
The location and approximate dimensions of each of such opening or excavation.
C. 
An estimate of the length of time required for the work to be done under said permit.
Any permit granted pursuant to this article, shall be granted for a designated purpose at a specific location and for a specified period of time. The permit may contain any further conditions as may be required by the Borough. All work performed pursuant to a permit issued under this article shall be done strictly in accordance with the terms of this article and strictly in accordance with the terms and conditions set forth in any permit issued hereunder.
The holder of the permit shall be responsible at all times from the commencement of work until the termination of work for placing barriers, warning signs, and warning signals around said opening or excavation.
Upon completion of the work, the permit holder shall notify the Borough for the supervision and inspection of the backfill.
[Amended 8-30-2022 by Ord. No. 914]
No street opening or excavation shall be permitted, and no permit pursuant to this article shall be granted for any street opening or excavation of any newly paved street for any purpose whatsoever within five years from the date of completion of the paving except for emergency repairs.
[Amended 6-28-1988 by Ord. No. 694; 10-30-1990 by Ord. No. 715]
Any person who shall violate any provision of this article and/or permit issued thereunder, shall, upon conviction thereof, be sentenced to pay a fine of not more than $1,000, and in default of payment, to a term of imprisonment not more than 30 days.