[Adopted at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
A. 
The following words, when used in this article, shall have meanings ascribed to them in this section, except in those instances where the context clearly indicates otherwise:
APPLICANT
Any person who applies for a permit.
BOROUGH
The Borough of Jefferson, York County, Pennsylvania.
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 within the Borough of Jefferson and established for the use of vehicles, including those streets which are maintained by the Commonwealth of Pennsylvania Department of Transportation ("PennDOT").
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 make any opening or make any excavation of any kind in any of the streets in the Borough without first securing a permit therefor and satisfying the other applicable requirements as hereinafter provided.
Any person who shall desire to make any opening or excavation of any kind in any street shall make application to the Borough in writing for that purpose. Such application shall be made upon forms to be furnished by the Borough and shall set forth the name of the applicant, the exact location of the proposed opening or excavation, the approximate size and depth thereof, and any other information that may be requested by the Borough. In addition, the application shall contain an agreement on the part of the person 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 person shall well and truly save, defend and hold harmless the Borough 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 persons 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, the Applicant shall pay the required fees and charges set forth below that may be modified by Resolution of the Borough.
A. 
A permit fee is hereby imposed in an amount as shall be set by Borough Council by resolution from time to time, per permit, with each cut requiring a separate permit. The permit shall allow the applicant to close portions of the street for a period not to exceed three days per opening, or as required, upon written receipt of a request by the Borough Secretary.
B. 
A street closing fee is hereby imposed in an amount as shall be set by Borough Council by resolution from time to time for each day that the street is closed for traffic by reason of opening or excavation under the permit.
C. 
An inspection fee is hereby imposed for work completed, the amount of which shall be based on the then-current rates charged by the Borough Engineer. These fees will be reasonable and customary. The applicant shall notify the Borough Secretary a minimum of 72 hours in advance of final restoration to schedule an appointment to have a representative of the Borough inspect the excavation prior to final restoration and covering.
D. 
A degradation fee is hereby imposed in an amount as shall be set by Borough Council by resolution from time to time.
E. 
The amount of the required restoration bond or other security shall be established at the rate of no less than $30 per square yard for the area to be restored in projects costing more than $5,000.
F. 
Liability insurance is required and shall be maintained in the minimum coverage of $500,000. A certificate of insurance must be filed with the Borough Secretary before work may begin.
Permits shall be issued only to the person furnishing public utility services or the person(s) owning 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 size and depth thereof and the time within which the work for which the permit is granted is to be completed, and any other information that may be requested by the Borough.
A permit may be issued to the applicant after all the requirements therefor have been satisfied. If the application is disapproved, written notice of disapproval together with reasons therefor shall be given to the person.
No opening shall be made in the surface of any street until and unless a permit has been obtained under this article and until a cash deposit of bond conditioned upon the proper restoration of the surface in accordance with the adopted standards of this article for the particular type of construction has first been supplied and filed with the Borough Secretary. This requirement shall be at the discretion of the Borough and may be waived in any proper case. The Borough may provide by regulation for the amount and form of said bond.
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. It shall be the applicant'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. The applicant shall also be responsible for providing the serial number from the Pennsylvania One Call System to the Borough.
Any person who receives a permit is required to provide visual proof of the condition of the street or streets which are the subject of excavation prior to excavation to the Borough. Proof of condition of the subject area shall be in the form of photographs or video of the entire area.
Any person who shall open or excavate any street shall thoroughly and completely refill the opening or excavation in such a manner as to prevent any settling thereafter, and shall restore the surface to the same condition as it was before the opening or excavation, and such restoration shall be in accordance with the specifications of the Borough for the restoration of surfaces of the street, as restored; the surface shall conform to the proper grade and be of the same surface covering as the part of the thoroughfare immediately adjoining the opening. If defects shall appear therein resulting from defective backfilling by the applicant or otherwise related to the applicant's work, then the applicant shall reimburse the Borough for the cost of all necessary repairs to the permanent paving. Where work must be completed by the Borough after the street is restored, the applicant shall be billed for the total cost, including, but not limited to, repairs, labor, materials, equipment rental and all other proper charges for the resurfacing plus an additional cost of 10% of the total costs, plus an additional 20% thereof to cover future repairs caused by the opening or excavation, which bill must be paid by the applicant within 30 days of the mailing by the Borough.
All other work in connection with the opening in any street, including excavation, protection, refilling and temporary paving, shall be done by or for the person to whom the permit has been issued at his, her 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, provided that the Borough may, if it deems it necessary for the proper performance of the work, require that cutting of the surface of any street and the backfilling of all excavation thereon shall be performed by the Borough, and at the cost of the applicant.
A. 
No opening or excavation in any street shall extend from the curbline into the street 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 500 feet longitudinally shall be opened in any street at any one time.
C. 
The excavation shall be so conducted as not to interfere with the water mains and sanitary sewer mains or their connections with the houses, or any other subsurface lines or constructions until permission of the proper authorities in connection with such subsurface line shall have been obtained.
D. 
No tunneling shall be allowed without the express approval of the Borough and permission therefor endorsed upon the permit.
E. 
All openings or excavations shall be backfilled promptly with modified 2A stones and thoroughly compacted in layers, each of which layers shall not exceed eight inches in depth. Backfilling shall be placed to within two inches of the surface.
F. 
A temporary paving of coldpatch premix, a minimum of two inches thoroughly bound and compacted, shall be installed flush with the surface of the adjoining paving and maintained for a period no longer than 90 days. Unpaved trenches shall not remain unpaved longer than five working days after backfilling, nor over weekends and holidays.
G. 
Permanent paving courses consisting of five inches thick Superpave base course and 1 1/2 inches thick Superpave wearing surface, or any other applicable specifications that are or may be required by PennDOT, shall be installed flush with the adjoining paving no longer than 10 working days after receiving authorization from Jefferson Borough. All joints shall be sealed with AC-20. Saw cutting of existing pavement shall be in accordance with PennDOT Publication RR-459, and all bituminous paving construction shall be in accordance with PennDOT Publication 408 Specifications. All temporary paving material shall be removed from the trench before placement of the permanent base course.
H. 
During the making of any excavation in the street, every necessary 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 is 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 excavation, or by any leak, explosion or other injury from any pipe, apparatus, conduit, or any other matter placed in the excavation.
I. 
The applicant shall notify the Borough when the opening or excavation is ready for backfill before any backfilling is done, when backfilling work is completed, when the temporary paving has been installed and when the street is ready for permanent paving so that inspections may be made.
J. 
In the event that any work performed by or for a permit holder shall, in the opinion of the Borough, be unsatisfactory and the same shall not be corrected in accordance with its instructions within the time fixed by it, or in the event that the work for which the permit was granted is not completed within the time fixed by the Borough, the Borough may proceed to correct such unsatisfactory work, the cost of this shall be reimbursed by the applicant.
K. 
Monuments of concrete, iron or other lasting material set for the purpose of locating or preserving the lines of any street of property subdivision, or a precise survey reference point or a permanent survey bench mark within the Borough shall not be removed or disturbed or caused to be removed or disturbed unless permission to do so is first obtained in writing from the Borough. Permission shall be granted only upon condition that the applicant shall pay all expenses incident to the proper replacement of the monument.
L. 
When the work performed by the applicant interferes with the established drainage system of any street, provision shall be made by the applicant to provide proper drainage to the satisfaction of the Borough.
M. 
When any earth, gravel, or other excavated material is caused to roll, flow, or wash upon any street, the applicant shall cause the same to be removed from the street within 24 hours after deposit. In the event the earth, gravel or other excavated material so deposited is not removed, the Borough shall cause the removal and the cost incurred shall be paid by the applicant.
N. 
Access to private driveways shall be provided except during working hours when construction operations prohibit provision of such access. Free access must be provided at all times to fire hydrants.
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 excavation to remedy such condition before securing a permit, provided that application for a permit shall be made immediately and not later that the next business day thereafter, and that such person comply with all other provisions of this article. 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, after such notice as it shall deem necessary under the circumstance of the particular case, shall proceed to cause the work to be done as necessary and required by such emergency by the Borough, the cost of which shall be reimbursed by the responsible party.
The permission herein granted does not confer upon the applicant 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 Borough shall give timely notice to all persons owning property abutting on any street about to be paved or improved, and to all public utility companies operating within 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 street within 30 days from the giving of such notice, unless such time is extended in writing for cause shown by the Borough. New paving shall not be opened or excavated for a period of five years after the completion thereof, except in case of emergency and the necessity for the opening or excavation of such paving to be determined by the Borough.
No new water, sewer, steam or gas main or electric or telephone or other utility line shall hereafter be laid or constructed, and no other such existing main or line shall be extended in any street until the plan therefor shall have been first filed with the Borough and such plan, and exact location of such main or line approved by it. The Borough shall not approve the locating of any such main or line at a depth less than 30 inches from the surface of the street unless it shall be determined that locating the same at a depth more than 30 inches from the surface is impossible or impractical.
Payment for all work done by the Borough under the provision of this article shall be made by the person made liable for such work by the terms of this article. The Borough shall send a bill for any such work to the person liable to pay for such work by certified mail to the last known mailing address of such person. The bill shall include the costs thereof, together with an additional 20% of such cost. The person liable for payment of such bill shall make payment to the Borough within 30 days of that person's receipt of the bill. In the event the person fails to make full payment of the bill within 30 days, the Borough may proceed to collect the amount due in the manner provided by the terms of this article or other applicable law.
Prior to any construction, the applicant, if required by the Borough, must post a performance bond, letter of credit, or other appropriate security equal to the amount as determined by the Borough and acceptable to the Borough Solicitor. The security must be issued and approved prior to the granting of a permit.
A. 
Any person, firm or corporation or utility who commits, participates in or permits the violation of any of the terms of this article shall, upon conviction thereof before any Magisterial District Judge in a summary proceeding, be sentenced for each violation to pay a fine of not less than $300 and not exceeding $600, and the cost of such proceedings, and in default thereof to undergo imprisonment in the York County Prison for a period not exceeding 30 days.
B. 
Each day that any violation shall continue shall constitute a separate offense hereunder and shall be punishable as such.