All persons, firms or corporations performing the actual work
of opening the street and making excavations, backfill and repairs,
as hereinabove provided, shall be required to furnish to the Borough
of Athens, in the amount of $10,000, a ten-year maintenance bond.
Said bond shall be a surety bond issued by a bonding company acceptable
to and subject to the approval of the Athens Borough Council, the
condition of said bond being that, work performed under street opening
permits shall be consistent with requirements of this article or up
to the amount listed therein shall be forfeited to the Borough of
Athens. The amount forfeited shall be the cost of correcting any deficiency
in workmanship of the permit holder. In addition, the excavators shall
furnish a certificate of insurance in the amount of $1,000,000 to
cover all property and casualty damages caused by the opening or excavation
and name Athens Borough as an additional insured.
Final street cut restoration must consist of four inches minimum
of bituminous base course (BCBC). Place two inches minimum ID-2 wearing
course to match the existing street surface. Seal all edges with AC
20 asphalt sealer, two inches in each side from the edge of the cut
to form a four-inch continuous seal around the cut.
It is the permittee's responsibility to properly restore any
and all adjacent surfaces disturbed by the action of work in the right-of way
to equal or better condition than existed prior to start of work.
Sidewalks, driveways, curbs, lawn or grass areas will be restored
in accordance with Borough ordinance. All work is to be done at the
permittee's cost and expense to the satisfaction of the Borough Engineer
or designee and the property owner.
Any utility openings in sidewalks for utility service connections
that require excavation shall be backfilled with flowable fill as
set forth in the Street Ordinance subject to the review and approval
of the Borough Engineer or his designee.
When openings are made on streets, Borough parks or sidewalks
using bricks as a wearing surface, flowable fill a minimum of four
inches shall be installed under the brick surface.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any person, firm or corporation violating any of the provisions
of this article shall, upon being found liable therefor, pay a fine
of not less than $50 nor more than $600, plus court costs and reasonable
attorneys' fees incurred by the Borough in the enforcement proceedings.
If the penalty is not paid, the Borough shall initiate a civil action
for collection in accordance with the Pennsylvania Rules of Civil
Procedure. Each day a violation exists shall constitute a separate
offense, and each section of this article that is violated shall also
constitute a separate offense. In addition to or in lieu of enforcement
under this section, the Borough may enforce this article in equity
in the Court of Common Pleas of Bradford County.
No permit shall be issued to any person, persons, corporation
or other party in default under this article until the costs and expense
herein provided for are paid.
In no case shall any opening or excavation made in the Borough
of Athens by any permittee be considered in the care of or in charge
of the Borough. No officer or elected official or any other person
employed by the Borough is authorized in any way to take or assume
any jurisdiction or responsibility for the Borough over such openings
or excavations. The Borough inspection of all subject excavations
shall be performed only by the Borough Engineer or designee of the
Borough Council, as hereinbefore stated. The Borough inspection does
not remove from the permittee his complete responsibility for the
subject excavation or opening at all times.