1. Whenever any opening shall remain in place overnight, 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. 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 foot bridge 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.
2. 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 Borough Manager 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 expense to be paid by the applicants, and all work shall be under the supervision and approval of the Borough Manager. The failure or refusal of the Borough Manager 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 excavation or of any of his obligations relating to injury to persons or property, nor impose any liability on the Borough Manager or Borough Council, Marysville Borough, or the Borough Engineer, their agents or employees.
3. 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 2 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. Two compacted inches of temporary bituminous material shall then be placed. The temporary bituminous material shall remain in place for a minimum of 90 days and a maximum of 110 days from the time of placement. The temporary bituminous material and select granular material (2RC) shall at that time be removed to a point 8 inches below the existing street grade. Any settlement shall be repaired by the placement and compaction of additional select granular material (2RC) as necessary for the final subgrade to be 8 inches below the existing street grade. The opening shall then be saw cut back a distance of 1 foot on all sides. Said cut back shall be excavated a minimum of 8 inches in depth. A minimum of 6 inches of bituminous concrete base course shall be placed within the opening in two compacted 3 inch lifts to a point 2 inches below the existing street surface. A minimum of 2 compacted inches of bituminous wearing course, (ID-2), shall be placed on the bituminous concrete base course. The bituminous material 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 E8 emulsified asphalt. In lieu of the temporary bituminous material and the minimum 90 days settlement period associated, it shall be permissible for the applicant to immediately place 6 inches of “class A” cement concrete or high early strength cement concrete placed to a joint at least 2 inches below the existing street surface as substitution for the 6 inches of bituminous concrete base course as specified herein. Cut backs as described herein shall be made prior to the placement of the cement concrete and the concrete shall be cured in accordance with the requirements of §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 cement concrete. After the cement concrete has cured as required, the bituminous wearing course may be placed as specified herein. The Borough Manager or 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 Borough Manager shall cause such repairs as shall be necessary to be made and shall bill the applicant for the same.
4. Curb and sidewalk repair or construction shall be constructed from concrete in accordance with the Pennsylvania Department of Transportation Publication 498, latest edition, or such other material and methods as may, from time to time, be authorized by Borough Council.
5. Additional restoration:
A. All disturbed portions of the highway, street, alley or thoroughfare, including all appurtenances and structures such as guardrails or drain pipes, shall be restored to a condition equal to that which existed before the start of any work authorized by the permit.
B. If the permittee opens the pavement, whether to install a new facility or to modify an existing facility or for any other reason, and the wearing course is less than 10 years old, the permittee shall, in addition to the minimum restoration conditions outlined herein, overlay the pavement in accordance with the following conditions:
(1) When a longitudinal opening longer than 10 feet and wider than 3 feet is made in the pavement, the permittee shall overlay the traffic lane(s) in which the opening was made for the entire length of highway that was opened.
(2) When 2 or more transverse trench openings are made in the highway pavement less than 100 feet apart, the permittee shall overlay all traffic lanes in which the openings were made, for the entire length of highway between such openings.
C. Regardless of the age of the wearing course, when both longitudinal and transverse trench openings are made in the pavement, the Borough may require the permittee to overlay all traffic lanes in which such openings were made, for the entire length of highway that was opened, if the Borough determines that the present serviceability index of the highway, street, alley, or thoroughfare, has been impaired by the openings.
D. Overlays of pavement shall extend a minimum of 2 feet outside the opening. Overlay areas shall be milled a depth of 1½ inches and after application of tack coat shall be paved with 9.5 mm SUPERPAVE hot-mix asphalt a depth of 1½ compacted inches.
6. If the applicant shall fail to pay the charges of the Borough of Marysville 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 of Marysville 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, engineering fees and the filing of a municipal claim against the said property. If said applicant is a utility with no property to be claimed, no further permits shall be issued and no work allowed in the Borough of Marysville until such time said utility may make complete restitution to the Borough of Marysville.
7. The Borough Secretary shall keep an accurate record of all permits issued, fees and covenants received under this Part. The Borough Secretary shall report and pay to the Borough Treasurer all fees received before the next regular meeting of Borough Council.
(Ord. 446, 7/12/1993, §§5 -11; as amended by Ord. 605, 5/13/2013)