[Adopted 8-11-1987 by Ord. No. 685 (Ch. 21, Part 1, of the 1990 Borough
Code of Ordinances)]
This article shall be known and cited as "The Borough of Royersford
Street Cut Ordinance."
The following words, as used in this article, shall have the
meanings hereby respectively ascribed thereto:
The Borough of Royersford.
The Borough Engineer, or other person duly authorized and
appointed by the governing body to perform the duties of Engineer.
The singular shall include the plural and the plural shall
include the singular, and the masculine shall include the feminine
and neuter.
The Borough Council of the Borough of Royersford.
Document issued by person designated by Borough Council regulating
the opening and closing of excavations in dedicated streets pursuant
to this article.
Any natural person, partnership, association, firm or corporation.
The right-of-way of any dedicated public street, avenue,
boulevard, highway or alley in the Borough of Royersford, except for
state highways.
[Amended 10-30-1990 by Ord. No. 715]
A.Â
It shall be unlawful for any person to drill any hole, or make any
opening or excavation in any street in the Borough without first having
obtained from the Borough a permit pursuant to this article.
B.Â
All work authorized by permit shall be done in strict conformity
with said permit and in strict conformity to the provisions of this
article.
C.Â
No permit shall be issued until the Applicant shall have complied
with the following conditions:
(2)Â
Applicant shall deposit with the Borough a security deposit, which
will be applied by the Borough for the cost of restoration of the
street opened or excavated. Any balance remaining on said security
deposit may be returned by the Borough to the permit holder, or the
Borough, in its discretion, may retain any balance as liquidated damages.
In the event that said security deposit is not sufficient to cover
all costs of restoration, then and in that event, the permit holder
shall pay to the Borough the amount of such deficiency within 10 days
of written notification by the Borough to the permit holder of the
amount of the deficiency.
(3)Â
The restoration fee which is necessary for the Borough to do the
required restoration, will be determined by the Borough, based on
current square yard costs for restoration, but at no time will the
restoration fee be less than $1,000.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(4)Â
In the case of an emergency, a person may open or excavate any street
without first having obtained a permit pursuant to this article. In
that event, said person shall, within 24 hours of the commencement
of said work, apply for a permit pursuant to this article. In the
event that said work for said emergency occurs during a holiday or
such other day when the Borough Office is closed and a permit cannot
be obtained, then the required permit under the terms of this article
shall be obtained on the first working day thereafter.
A.Â
All openings or excavations of streets, excepting drill holes, shall,
before completion, be cut with a power saw and not with an air jack
hammer or similar device.
B.Â
Any person opening or excavating any street shall upon completion
of the project and after notification to the Borough, immediately
and completely refill such openings or excavations, mechanically tamping
the same so as to prevent any settling thereof.
C.Â
All refilling and restoration shall be done in strict conformance
with the detailed sketch for refilling and restoration as set forth
in Exhibit A, which is a part of this article.[1]
[1]
Editor's Note: Exhibit A is included as an attachment to this chapter.
D.Â
Where test holes have been drilled, they shall be filled and sealed
with hot tar.
E.Â
Temporary restoration and backfilling of any openings or excavations
shall be in accordance with Exhibit A. The permittee shall be held
responsible for maintenance of any settlement which occurs within
one year. Periodic inspections will be made by the Borough.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
F.Â
Street
openings and excavations in excess of 100 feet shall be required to
mill 1 1/2 inches and overlay 1 1/2 inches bituminous wearing course
as indicated in Exhibit A for the entire road width (curb to curb)
for the length of the opening or excavation.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
G.Â
The permittee shall be held responsible for maintenance of any settlement
which occurs within one year or until the Borough completes the final
restoration. Periodic inspections will be made by the Borough.
Each person requesting a permit under this article shall file
an application with the Borough, which application shall state the
following:
Any permit granted pursuant to this article, shall be granted
for a designated purpose at a specific location and for a specified
period of time. The permit may contain any further conditions as may
be required by the Borough. All work performed pursuant to a permit
issued under this article shall be done strictly in accordance with
the terms of this article and strictly in accordance with the terms
and conditions set forth in any permit issued hereunder.
The holder of the permit shall be responsible at all times from
the commencement of work until the termination of work for placing
barriers, warning signs, and warning signals around said opening or
excavation.
Upon completion of the work, the permit holder shall notify
the Borough for the supervision and inspection of the backfill.
[Amended 8-30-2022 by Ord. No. 914]
No street opening or excavation shall be permitted, and no permit
pursuant to this article shall be granted for any street opening or
excavation of any newly paved street for any purpose whatsoever within
five years from the date of completion of the paving except for emergency
repairs.
[Amended 6-28-1988 by Ord. No. 694; 10-30-1990 by Ord. No. 715]
Any person who shall violate any provision of this article and/or
permit issued thereunder, shall, upon conviction thereof, be sentenced
to pay a fine of not more than $1,000, and in default of payment,
to a term of imprisonment not more than 30 days.