[Adopted 10-17-1989 by Ord. No. 513 (Part 12, Ch. 3, Art. A, of the 1994 Code of Ordinances)]
No person or persons, firm or corporation shall dig open any street, alley or sidewalk of this Borough, or make any excavation therein, for any purpose whatsoever, without first obtaining from the Secretary a written permit so to do and paying the fee as set from time to time by resolution of Borough Council for each opening. A permit shall not be required for public work done pursuant to contracts with the Borough. Within 30 days after any such opening in a street or macadam alley, the person, firm or corporation performing the work shall pay to the Borough an additional fee set by Borough Council which is based on square yardage of the opening.
If said opening is for routine underground utility line maintenance and is to be placed in a street which the Borough has within two years resurfaced, or otherwise reconstructed or repaired, these fees will be doubled. The Highway Committee of Borough Council shall be the sole judge of that work which constitutes routine maintenance.
Said permit shall be issued only for proposed work which is necessary and shall set forth the location and description of the premises for which the opening is to be made, the owners thereof, the dimensions and purpose of the opening, and the time for which the trench shall be unpaved, which shall not be more than six days, unless the Chairman of the Highway Committee shall, for good cause shown, extend the time in writing for a period not exceeding six additional days.
Before the issuance of any such permit the applicant shall agree that, if, because of settling or any other reason within a period of two years after the opening is filled and restored, any costs incurred by the Borough to correct the damage to the restored surface resulting directly or indirectly from that excavation, including any legal or engineering services, the applicant will reimburse the Borough for the amount of the said additional costs.
The permit shall be issued subject to regulations by the Highway Committee of Council, preventing unnecessary interference with the proper use of the highway by the public, and subject to the following conditions: The applicant shall furnish, place and maintain suitable and sufficient warning signs, flashing lights, flags, arrow boards and approved reflectors; do or allow no tunneling; fence or barricade the excavation area while the openings are in place; and indemnify and save harmless the Borough and its agents from all suits, actions or claims of any character brought for or on account of any injuries or damages received or sustained by any person or persons during the performance of the work by said applicants.
At the end of each workday, a steel plate of sufficient size and thickness with sufficient warning devices as are necessary to protect persons and vehicles from harm shall be placed over the opening and shall remain in place until work resumes. Whenever the sidewalk of any street or alley has been excavated, it shall be the duty of the person or persons, firm or corporation doing the same to place a strong and substantial footbridge with appropriate hand railings over such excavation, in the line of the sidewalk, as wide as the sidewalk and securely nailed on each side, so that foot passengers may pass over safely and conveniently at all times. In all cases where openings occur across the greater part of the roadway, a substantial driveway shall be maintained across the opening by the applicants until it is restored.
The width of all openings shall be no greater than is necessary for doing the work being permitted, and in no case shall be nearer than 18 inches to the curb; and whenever it shall be deemed necessary by the Highway Committee of Council or the Borough Engineer, sheeting and bracing shall be used to keep the sides of the opening or openings perpendicular and prevent unnecessary caving, all expenses to be paid by the applicants, and all work shall be under the supervision and approval of the Highway Committee or the Borough Engineer. The failure or refusal of the Highway Committee or the Borough Engineer to suggest the use of bracing or sheeting, or a better quality, grade or section, or larger sizes of steel or timber, or to suggest sheeting, bracing struts, or shoring to be left in place, shall not in any way or to any extent relieve the applicant of any responsibility concerning the condition of the excavation or of any of his obligations relating to injury to persons or property, nor impose any liability on the Highway Committee or Borough Council, Paxtang Borough or the Borough Engineer, their agents or employees.
Applicants shall fill the opening in such a manner as will assure against settling and shall make their own paving repairs to restore surface to its original condition. The trench shall be backfilled to a point at least eight inches below the existing street surface with Select Granular Material (2RC), as specified in the Pennsylvania Department of Transportation Publication 408, latest edition, or material approved by the Borough Engineer. The opening shall then be cut back a minimum distance of one foot on all sides. A minimum of six inches of Class A concrete or High Early Strength concrete shall be placed to a point at least two inches below the existing street surface. The concrete shall be cured in accordance with the requirements of Section 503 of the Pennsylvania Department of Transportation Publication 408, latest edition, for a minimum of 96 hours for the Class A and 72 hours for the High Early Strength concrete. After curing, two inches of bituminous wearing course ID-2 shall be placed as specified in the Pennsylvania Department of Transportation Publication 408, latest edition. All paving joints shall be sealed with two applications of E-8 emulsified asphalt. The Highway Committee of Borough Council or the Borough Engineer shall inspect the area from time to time and if, for a period of two years from the date the said area is repaved, further filling or repair shall be required to keep the area in good order and repair, the Highway Committee shall cause such repairs as shall be necessary to be made and shall bill the applicant for the same.
If the applicant fails to pay the charges of the Borough for repaving, restoring or maintaining such highway as set forth above, the owner of the premises to which the work pertained shall be required to do so, and if he shall fail to do so promptly, the Borough shall collect the cost thereof and 10% additional, together with all charges and expenses in the manner provided by law, including but not being limited to legal fees, engineer fees, and the filing of a municipal claim against the said property. If the applicant is a utility with no property to be claimed, no further permits shall be issued and no work allowed in the Borough until such time that utility may make complete restitution to the Borough.
The Borough Secretary shall keep an accurate record of all permits issued, fees and covenants received under this article. The Secretary shall report and pay to the Borough Treasurer all fees received within 30 days of the date of receipt.
[Amended 12-15-1992 by Ord. No. 535]
If any person, firm or corporation violates any provision of this article, he shall, upon conviction, be sentenced to pay a fine of not more than $1,000 and costs of prosecution and, in default of payment of fine and costs, to undergo imprisonment for not more than 30 days, provided that the said fine and costs shall be in addition to all fees and expenses imposed under other sections of this article.