(A) It shall be the duty of the holder of every permit issued under this subchapter:
(1) At all times to take every necessary and reasonable safety precaution, including the installation and maintenance of guards, barriers and warning signs and, during hours of darkness and restriction visibility, warning lights or flares.
(2) To backfill the excavation, with materials prescribed, compacted into eight-inch layers, and to resurface the portion of the street disturbed by the excavation with the same material that was at the location before the excavation, as set forth in the guidelines for “Paving Maintenance and Restoration” attached to Ord. 2019-2, which represent the minimum standards for completion of the work permitted. The Borough Council may amend the guidelines for Paving Maintenance and Restoration by resolution adopted from time to time.
(3) Before the date of expiration of the permit, to remove all tools, equipment, debris and other material and ordnances used in connection with or accumulating by reason of the opening or excavation and the work pertaining to the excavation.
(4) To save and hold the borough, its employees, officers, agents and servants, harmless from and indemnify it against all actions, suits, demands, payments, costs and charges for or by reason of the opening or excavation, and all damages to persons or property resulting in any manner from the opening or excavation, or occurring in the prosecution of the work connected with it or from any other matter, cause or thing relating to it at any time when the permit is in effect and for a period of one year after the date of expiration of the permit, provided a permit holder who occupies a street under a franchise previously granted by the borough shall also be responsible for adhering to any conditions contained in that franchise pertaining to the subject matter of this subchapter or to making, guarding or refilling openings or excavations in streets or restoring the surfaces of the street afterward.
(5) To provide satisfactory written evidence that the permit holder has in force and will maintain public liability insurance of not less than $1,000,000 for any one person and $1,000,000 in the aggregate and property damage insurance of not less than $500,000 from a duly licensed insurance company authorized to do business in this Commonwealth.
(6) To contact and comply with the Pennsylvania One Call System.
(7) To secure and clearly mark equipment or vehicles that remain overnight so as not to create a threat to the health, safety or welfare of any borough resident or to anyone using streets located within the borough.
(8) Except in the event of an emergency as defined in § 94.006, at least 24 hours prior to the start of excavation or street opening, the permit holder shall notify the borough or its designated agent as indicated in the permit application to schedule an inspection for the work. No work shall occur without notification and inspection by the borough or its designated agent except in the event of an emergency as defined in § 94.006.
(9) In the event the permit holder fails to notify the borough or its agent and have such inspection, the permit holder shall be required to reopen the area of the street restored so that the borough or its agent may inspect the backfilled area as required herein.
(10) Should the permit holder fail to notify the borough or its agent and have the work inspected as provided in this section, the permit holder shall be required to pay an additional permit fee of $200 to cover administrative costs and additional engineering and inspection fees.
(B) Restoration of surface.
(1) The permit holder shall restore the surface of all streets broken into or damaged as a result of the excavation work to the street’s original condition. The permit holder may be required to place a temporary surface over openings made in paved traffic lanes. Except when the pavement is to be replaced prior to the opening of the cut to traffic, the fill above the bottom of the paving slab shall be made with suitable material, well tamped into place, and the fill shall be topped with a minimum of at least one inch of bituminous mixture which is suitable to maintain the opening in good condition until permanent restoration can be made. The crown of the temporary restoration shall be flush with the adjoining pavement. The permit holder shall exercise special care in making such temporary restorations and must maintain such restorations in safe traveling condition until such time as permanent restorations are made. The asphalt which is used shall be in accordance with the specifications of the Borough Engineer. If, in the judgment of the Borough Engineer, it is not expedient to replace the pavement over any cut or excavation made in the street upon completion of the work allowed under such permit by reason of the looseness of the earth or weather conditions, the Borough Engineer may direct the permit holder to lay a temporary pavement of suitable material designated by him over such cut or excavation, to remain until such time as the repair of the original pavement may be properly made.
(2) Permanent restoration of the street shall be made by the permit holder in strict accordance with the guidelines for Paving Maintenance and Restoration. Disturbed portions of the street, including but not limited to slopes and appurtenances and structures such as guide rails, curbs, signs, markings, drainpipes, driveways and vegetation, shall be restored by the permit holder to a condition at least equal to that which existed before the start of work authorized by the permit. Additional restoration may also be required, upon written notification, to restore the structural integrity of the pavement or shoulder.
(a) If the permit holder opens pavement having bituminous concrete surface, and the borough street’s wearing course is less than five years old, the permit holder shall, in addition to the restoration conditions outlined in the permit and this subchapter, overlay the pavement in accordance with the following conditions:
1. When a longitudinal opening longer than 100 linear feet has been made in the pavement, the permit holder shall overlay the traffic lanes in which the opening was made for the entire length of the street that was opened, in a manner authorized by the borough.
2. When two or more transverse openings have been made within 100 linear feet of pavement, the permit holder shall overlay traffic lanes in which the openings were made for the entire length of the street between the openings, in a manner authorized by the borough.
3. When four or more openings have been made by the same permit holder within 200 linear feet of pavement within any 12-month period, the permit holder shall overlay traffic lanes in which the openings were made for the entire length of the street between the openings, in a manner authorized by the borough.
4. If disturbance lanes adjacent to undisturbed lanes are overlaid, the edge of the disturbed lane shall be saw cut or milled to a depth of one and one- half inches or the depth of the existing surface course, whichever is less, for the length of the opening to ensure a smooth joint, with proper elevation and cross section. A full-width overlay may be authorized on various streets instead of saw cutting or milling the disturbed lane.
5. If disturbed lanes adjacent to shoulders are overlaid, the shoulder shall be raised, with material and in a manner authorized by the borough for the type of existing shoulder, so that the overlaid pavement and shoulder edges are at the same elevation.
6. A one foot cut-back of the wearing surface may be required on a case by case basis, in a manner authorized by the borough.
(b) Regardless of the age of the wearing course:
1. If more than 100 linear feet of longitudinal or transverse openings, or both, are made in the pavement, the borough may require the permit holder to overlay traffic lanes in which the openings were made for the entire length of street that was opened, if the borough determines that the rideability or structural integrity of the pavement has been impaired by the openings.
2. If four or more openings are made by the same permit holder within 200 linear feet of pavement within any 12-month period, the borough may require the permit holder to restore the entire disturbed pavement between the openings by milling, planing or other authorized method and overlaying the entire disturbed pavement.
3. Acceptance or approval of any excavation work by the Borough Engineer shall not prevent the borough from asserting a claim against the permit holder for defective work if discovered within 24 months from the completion of the excavation work. Further, the Borough Engineer’s presence during the performance of any excavation work shall not relieve the permit holder of its responsibilities hereunder.
4. A one foot cut-back of the wearing surface may be required on a case by case basis, in a manner authorized by the borough.
(Ord. 2019-2, passed 2-12-2019) Penalty, see § 94.999