[HISTORY: Adopted by the Borough Council of the Borough of Avondale as indicated in article histories. Amendments noted where applicable.]
ATTACHMENTS
Attachment 1 - Application for Street Opening
[Adopted 12-16-2003 by Ord. No. 204]
As used in this article, the following terms shall have the meanings indicated:
BOROUGH
Avondale Borough, Chester County, Pennsylvania.
ENGINEER
The Avondale Borough Engineer.
OPEN
Breaking the surface of any street, making any excavation in it, digging any ditch in it or tunneling under it.
PERMIT
A permit issued by Avondale Borough permitting a person to open a street.
PERSON
Includes any natural person, firm, partnership, corporation or other business enterprise.
STREET
Any paved Borough street, alley, road or other passageway serving as a means of vehicular and/or pedestrian travel.
A. 
Before any person opens or attempts to open any street, that person shall first obtain a permit from the Borough.
B. 
All applications for street openings shall be submitted to the Borough using an application; the form of the application shall be adopted by a resolution of the Borough.
C. 
Applications for street openings shall be filed in triplicate. The Borough shall retain two originals of the application on file in the Borough Hall and one original shall be sent by the Borough Secretary to the Engineer for review and approval.
D. 
Upon receipt of the application, the Engineer shall review it and either approve or disapprove it within 15 business days from the date which it is sent to him or her by the Borough.
E. 
If the Engineer disapproves any application, the reasons for the disapproval shall be in writing and shall be sent simultaneously to both the Borough and the applicant.
A. 
Fees for applications and permits to be issued for street openings shall be established by a resolution of the Borough.
B. 
The failure of an applicant for an opening permit to submit a properly completed application form or to tender the required fee to the Borough simultaneously with the submission of the application shall and is hereby deemed a nonsubmittal requiring no further action by the Borough, and the Borough shall take no further action on the application until the application form has been properly completed and/or the fee for it has been paid in full.
A. 
No permit for opening a street shall be issued until the applicant has posted financial security with the Borough in an amount equal to 110% of the cost of restoration of the street as determined by the Engineer.
B. 
The types of financial security which shall be accepted by the Borough in satisfaction of § 366-4A above may include: a cash escrow; an irrevocable letter of credit; an escrow account with a lending institution approved by the Borough; or a bond issued by a federal or commonwealth bonding company or other lending institution chosen by the applicant, provided the bonding company or lending institution is authorized to conduct business within the Commonwealth of Pennsylvania.
C. 
If an applicant for a permit chooses to use a bond or an irrevocable letter of credit for security, the form of the bond or the irrevocable letter of credit shall be approved by the Borough Solicitor.
A. 
No permit to open a street shall be issued between 12:01 p.m. prevailing time December 1 and 11:59 p.m. prevailing time March 1 of any year.
B. 
Section 366-5A above shall not apply in the case of an emergency.
C. 
No opening shall be longer than 300 linear feet.
D. 
From the time of beginning the opening authorized by a permit, the permittee shall have seven working days from the date and time of the opening to completely restore the street.
E. 
All excavated material must be removed completely from the location of the opening and shall not under any circumstances remain at the opening site, in or on the street for a period in excess of 24 hours; all excavated material from the opening shall be disposed of at a landfill or other facility duly permitted by the Commonwealth of Pennsylvania to accept such fill.
F. 
All openings, and materials and obstructions of any kind caused by such openings, shall, for the protection of the public, be identified by flashing yellow lights (which shall be kept lit from sunset to sunrise), and by a fence or other protection as may be required by the Borough or the Borough Engineer.
G. 
Any sidewalk damaged and/or broken and/or adversely affected by any opening shall be restored in accordance with the specifications of Article IV, Design Standards, § 375-29A(5), (6) and (7), of Chapter 375, Subdivision and Land Development, of the Code of Avondale Borough.
A. 
All materials used in the refilling and reconstruction of streets shall be in accordance with the requirements of the Year 2003 Pennsylvania Department of Transportation "Publication 408 Specifications" or the most recent amendments thereto.
B. 
Subgrade restoration shall be completed in accordance with PennDOT's Publication 408 Section 210 and the following standards:
(1) 
All large, loose rocks shall be removed or broken off to a depth of nine inches below the base course.
(2) 
All unsuitable subgrade material shall be removed or stabilized.
(3) 
All wet or swampy areas shall be permanently drained and stabilized.
(4) 
Fills shall be made with suitable materials and thoroughly compacted for full width in uniform layers of not more than eight inches in thickness.
(5) 
Subgrades shall be thoroughly compacted.
C. 
Base course restoration shall be completed in accordance with PennDOT's Publication 408 Section 310 and the following standards:
(1) 
The base shall be a crushed stone base course, thoroughly compacted to a depth of not less than eight inches after compaction. Coarse aggregate for the crushed stone base shall conform to the grading requirements of No. 4 aggregate. Fine aggregate shall conform to the grading requirements of No. 1 aggregate.
(2) 
Prior to placing the coarse aggregate, a two-inch layer of limestone screenings shall be spread over the subgrade as a bed for the coarse aggregate. The limestone screenings shall not be placed on a wet, frozen or unsuitable subgrade.
(3) 
Coarse aggregate shall be spread uniformly on the prepared bed using the following steps:
(a) 
Mechanical stone spreaders shall be used to spread the material the full width of the base.
(b) 
After each layer of material has been spread, it shall be checked with approved templates and straightedges and all irregularities shall be satisfactorily corrected prior to rolling.
(c) 
The course material shall be rolled and thoroughly compacted.
(4) 
After the coarse aggregate has been rolled and compacted, fine aggregate, conditioned to assure thorough filling of voids in the coarse aggregate, shall be spread uniformly over the surface using the following steps:
(a) 
Approved mechanical equipment shall be used for spreading the fine aggregate. In areas inaccessible to mechanical spreading equipment, the Borough Engineer may permit manual spreading which shall be performed in a sweeping motion using a square-pointed shovel, alternately in opposite directions, until all voids are completely filled.
(b) 
The fine material shall then be broomed and rolled until all voids in the course material are completely filled and the base course is thoroughly compacted and firmly set. Brooms attached to the roller and hand brooms shall be used to spread the fine material uniformly.
(c) 
Rolling and brooming of the surface shall be continuous during the process of spreading the fine material.
(d) 
After the completion of the application and rolling of fine materials, the surface shall be sprinkled with water and rolled. Sprinkling and rolling shall be continuous and additional fine material applied where necessary until all voids are filled and a slight wave of grout forms in front of the roller wheels. Brooms attached to the roller and hand brooms shall be used to distribute the grout uniformly into any unfilled voids. After the wave of grout has been produced over the entire section of the base course, it shall be left to dry. The quantity of fine material and water used shall be determined by the Borough Engineer and shall be sufficient to provide a smooth, hard monolithic surface.
D. 
Surface course shall be completed in accordance with PennDOT's Publication 408 Section 401 and the following standards:
(1) 
The bituminous surface course shall be CP-2, and shall consist of 2 1/2 inches of penetrated bituminous surface course prior to the application of the seal coat to be applied in accordance with PennDOT Publication 408 Section 441.
(2) 
All bituminous surface courses shall have a total thickness of 2 1/2 inches minimum after compaction.
(3) 
No visible moisture shall be present prior to the laying of each course, and the ambient air temperature shall be 40° F. or more during the operation.
(4) 
All edges of bituminous pavement shall be kept straight and sharp, forming a clean cut line between the former opening and existing road surface and curbs undisturbed by the opening.
A. 
If any person to whom a permit has been issued fails to restore any opening in accordance with this article, the Borough shall have the right to exercise all legal and equitable remedies, including the right to enforce any corporate bond or other security to pay for the costs of repairing or completing the opening in accordance with this article.
B. 
If the proceeds of any bond or other security are insufficient to pay for the costs which the Borough incurs in connection with completing the restoration of an opening or correcting any defectively restored opening, the Borough may institute any legal or equitable action to recover the amounts necessary, plus 15% as an administrative charge.
C. 
In addition to any other remedies, the Borough may institute appropriate actions at law or in equity to restrain, correct or abate violations of this article to prevent unlawful openings, etc.
D. 
Any person against whom the Borough brings any legal action to enforce the provisions of this article, whether that person has been issued a permit pursuant to this article or not, shall be responsible for the legal fees and costs which the Borough incurs as a result of enforcing this article.
E. 
Any person who violates or permits a violation of this article shall, upon conviction in a summary proceeding under the Pennsylvania Rules of Criminal Procedure, be guilty of a summary offense and shall be punishable by a fine of not more than $1,000, plus court costs and reasonable attorneys' fees incurred by the Borough in the enforcement proceedings. Upon judgment against any person by summary conviction, or by proceedings by summons on default of the payment of the fine or penalty imposed and the costs, the defendant may be sentenced and committed to the county correctional facility for a period not exceeding 30 days. Each section of this article that is violated shall 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 Chester County.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
F. 
Each day a violation of this article continues shall be a separate offense for purposes of this section.