[Adopted 12-9-1967 by Ord. No. 310 (Ch. XX, Part 1B, of the 1967 Code)]
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:
PERSON
Includes any natural person, partnership, association, firm or corporation.
STREET
Any street or alley or square located in the Borough of New Wilmington and established for use by vehicles.
B. 
In this article the singular shall include the plural, the plural shall include the singular, and the masculine shall include the feminine and the neuter.
[Amended 5-6-1996 by Ord. No. 421; 5-7-2012 by Ord. No. 510]
It shall be unlawful for any person to dig or to make any opening or excavation in any street in the Borough of New Wilmington without first having obtained a permit therefor from the Borough Engineer, Superintendent or such other persons or entity designated from time to time by resolution of the Borough Council. No such permit shall be issued until an application therefor shall have been filed through the Borough office with the Borough Engineer, Superintendent or such other persons or entity designated from time to time by resolution of the Borough Council and until a fee, in the amount as set by the Council from time to time, which shall be for the use of the Borough, shall have been paid, and until the bond referred to in § 212-11 of this article shall have been filed. The application for the permit shall indicate the location of the proposed opening or excavation, the purpose thereof, the approximate dimensions, the date upon which the applicant shall desire to make such opening and the approximate length of time that such opening or excavation is to remain open and such other information as the Borough Engineer, Superintendent or such other persons or entity designated from time to time by resolution of the Borough Council reasonably deems to be necessary.
[Amended 5-6-1996 by Ord. No. 421; 5-7-2012 by Ord. No. 510]
Every person applying for a permit under this article shall give bond, with acceptable surety, in such sum as shall be specified by the Borough Engineer, Superintendent or such other persons or entity designated from time to time by resolution of the Borough Council, conditioned that the holder of such permit shall be responsible for properly refilling such opening or excavation and for restoring such street in accordance with specifications then being followed by the Pennsylvania Department of Highways for similarly situated streets (unless the Borough Engineer, Superintendent or such other persons or entity designated from time to time by resolution of the Borough Council for good cause shown on the application and permit approves lesser specifications), such street being restored to a condition no less equal to that in which it was prior to the issuance of such permit unless specifically permitted otherwise by the Borough Engineer, Superintendent or such other persons or entity designated from time to time by resolution of the Borough Council on the application and permit by the Borough Engineer, Superintendent or such other persons or entity designated from time to time by resolution of the Borough Council; it being the policy of the Borough that streets paved with brick shall be restored with the same bricks removed for the excavation (or their equivalent). The bond shall remain in force for one year following complete restoration, and the holder of such permit shall be liable for and shall save the Borough harmless from any injury or damage to persons or property resulting from such opening or excavation, provided that, with the consent of the Council, a single bond may be given for any person who desires or contemplates making more than one opening or excavation in streets of the Borough, to cover such contemplated openings, but such persons shall be required to secure a separate permit for every such opening or excavation.
[Amended 5-7-2012 by Ord. No. 510]
Every permit issued under this article shall state thereon the purpose and location of the opening or excavation authorized thereby, the date when such opening or excavation is to be made and the length of time such opening or excavation may remain open. It shall be the duty of the holder of such permit to properly safeguard the public by the use of suitable signs, barricades and, in the case of an opening or excavation remaining open after sunset of any day, by warning lights, lamps or flares. It shall further be the duty of the holder of such permit to refill such opening and remove all barricades, signs and other material, equipment and debris on or before the date of expiration of such permit as stated thereon and to restore the surface of such street so that the same will be in the same condition as before the issuance of such permit, when the same shall be directed to be done by the Borough Engineer, Superintendent or such other persons or entity designated from time to time by resolution of the Borough Council.
[Added 1-6-2020 by Ord. No. 526; amended 2-1-2021 by Ord. No. 533]
A. 
General standards of work. In general, street construction shall conform to the requirements of this section. Where reference is made in these specifications to PennDOT Publication 408, it shall be understood to mean Commonwealth of Pennsylvania, Department of Transportation Specifications (2016), or latest version, including all supplements. Those sections of PennDOT Publication 408 referred to shall be as much a part of these specifications as though they were incorporated herein. The Borough Superintendent shall be notified at least 24 hours in advance for inspection purposes.
B. 
Restoration and repairs of Borough roads. All open cuts made in any Borough roads shall be completed and restored as detailed herein:
(1) 
Prior permission must be secured from the Borough.
(2) 
For patching repairs, the pavement to be removed shall be saw cut to neat lines prior to excavation with the limits of repair to be determined by the Borough Superintendent.
(3) 
Any opening in a street way must be milled to a depth of 2 1/2 inches and paved the entire width of the alley, a distance of not less than 11 feet before the first cut and 11 feet beyond the last cut, with 1 1/2 inches of base, paving fabric (approved by Borough Superintendent) and one inch of top (unless directed otherwise). All trench or openings must have one foot of 2A fill or sand over pipe and 2A fill compacted to 95% in eight-inch lifts with 7 1/2 inches of asphalt base to road level within 30 days of excavation date unless final restoration shall be completed within 30 days of excavation date. Unless base work and final road restoration is completed within 30 days, five inches of asphalt base, 1 1/2 inches of leveling, and one inch of wear shall be applied.
(4) 
Any intersecting street, drive, avenue, road, court, circle, or way must be cut back 15 feet from the point of intersection, milled and paved. Any alley opening must be milled 2 1/2 inches and no less than 11 feet of the full lane in which the opening took place along with 1 1 /2 inches of base, paving fabric (approved by Borough Superintendent) and one inch of top (unless directed otherwise). All trench or openings must have one foot of 2A fill or sand over pipe and 2A fill compacted to 95% in eight-inch lifts, with 7 1/2 inches of asphalt base to road level within 30 days of excavation date. Unless base work and final road restoration shall be completed within 30 days of excavation date, five inches of asphalt base, 1 1/2 inches of leveling, paving fabric, and one inch of wear shall be applied.
(5) 
All compact backfill from the bottom of the proposed bituminous materials shall meet the satisfaction of the Borough Superintendent.
(6) 
For all excavations which are located in an improved cartway, driveway or shoulder area, whether Borough or private property, special crushed stone backfill of the type specified in the contract or approved by the Superintendent shall be applied. Wherever special backfill is required, the permittee shall waste all excavated native materials and shall be solely responsible for arrangements for wasting such materials. The permittee shall then apply specified crushed aggregate in maximum lifts of 24 inches and mechanically tamp the same into place using an approved type pad compactor and methods for the full depth of the excavation or to the level of the required base course. In all cases where an excavation has taken place in a paved roadway or an area proposed to be paved, each layer shall be compacted to densities equal to that of the adjacent original material so that pavement can be placed or replaced immediately. The permittee must notify the Borough Superintendent not fewer than 24 hours prior to beginning the backfilling of excavations.
(7) 
All work, including pavement cuts, openings, test holes, excavations, backfilling, proper bridging of the excavation and final restoration of the surface, shall be done by the permittee in accordance with Borough regulations and specifications and under the inspection of the Superintendent. A permittee may subcontract to others the work to be done, but the permittee shall remain responsible and liable for all such work done the same as if the work had been done by the permittee.
(8) 
Disturbed portions of the road, including, but not limited to, slopes and appurtenances, such as guide rails, curbs, signs, markings, drain pipes, driveways and vegetation, shall be restored by the permittee to a condition at least equal to that which existed before the start of work authorized by the permit. If the restoration is not consistent with PennDOT Publication 408, "Roadway Construction Standards," additional restoration may be required. If the permittee opens pavement having a bituminous concrete surface and the Borough's wearing course is less than five years old, the permittee shall, in addition to the restoration conditions outlined in the permit and in this section, overlay the pavement in accordance with the following conditions:
(a) 
When a longitudinal opening longer than 100 linear feet has been made in the pavement, the permittee shall overlay the traffic lanes in which the opening was made, for the entire length of road that was opened, in a manner authorized by the Borough.
(b) 
When four or more openings have been made by the same permittee at any time within 100 linear feet of pavement, the permittee shall overlay traffic lanes in which the openings were made for the entire length of highway between the openings in a manner authorized by the Borough.
(9) 
The Borough Superintendent shall make such inspections as he may deem necessary of all work authorized by a permit. The Superintendent is empowered to provide a full-time inspector to ensure compliance with the provisions of this chapter.
(10) 
All inspection costs shall be borne by the permittee. Such costs shall be based on a schedule of fees adopted by resolution of Council from time to time.
(11) 
The permittee shall be responsible for all work it has performed for a period of two years from the date of final inspection and approval by the Superintendent. The Superintendent shall record the date and time of the final inspection and acceptance on the forms, provided by the Borough. One copy shall be retained by the Borough and one copy shall be sent to the permittee.
(12) 
If, during the two-year period provided for in Subsection B(11), settlement of the restored area occurs, the surface area deteriorates, cracks or fails, or any other condition occurs which indicates failure of the restored area, the Superintendent shall inform the permittee, in writing, and the permittee shall make the necessary corrections and/or repairs as directed by the Superintendent as soon as reasonably possible.
[Amended 5-7-2012 by Ord. No. 510]
All work of opening or excavation, of refilling and of resurfacing shall be done under the supervision of the Borough Engineer, Superintendent or such other persons or entity designated from time to time by resolution of the Borough Council, who shall have authority to deny further permits to any holder of a permit who shall fail to rectify or correct any work or to fulfill any requirement of this article, as directed by the Borough Engineer, Superintendent or such other persons or entity designated from time to time by resolution of the Borough Council.
[Amended 1-3-2000 by Ord. No. 442; 5-7-2012 by Ord. No. 510]
Any person who shall violate any of the provisions of this article or who shall fail to comply with the conditions of any permit issued thereunder or who shall fail to comply with any of the directions of the Borough Engineer, Superintendent or such other persons or entity designated from time to time by resolution of the Borough Council as issued under § 212-13 of this article shall be guilty of a violation of this article, and for every such violation, upon conviction thereof before the District Justice, shall be sentenced to a fine not exceeding $600, plus costs of prosecution for each offense. Each day's violation shall constitute a separate violation.