(A) No opening or excavation in any street shall extend from the curb line into the highway a distance greater that one foot beyond the centerline of the street before being refilled and the surface of the highway restored to a condition safe and convenient for travel.
(B) No more than 500 feet longitudinally shall be opened in any street at any one time.
(C) The work of excavation shall be so conducted as not to interfere with the water mains, sewers or their connections with the houses, or any other subsurface lines or constructions, until permission of the proper authorities in connection with such subsurface lines or constructions shall have been obtained.
(D) No tunneling shall be allowed without the express approval of the borough and permission therefore endorsed upon the permit. All material including surface material shall be removed to the full length, width, and depth of the excavation, except in such cases as may be approved by the Borough Engineer.
(E) All persons digging or opening trenches or excavations in any of the streets of the borough for any purpose shall refill the same in the following manner.
(1) Unimproved streets.
(a) If the street is unimproved or consists of the natural ground or other similar material, the trench or excavation shall be filled with suitable excavation material, provided no large stones are used in the backfill.
(b) All material replaced in a trench or excavation shall be compacted by adequate machine tamping and six-inch layers. It shall be unlawful to puddle or waterfill in lieu of such tamping.
(c) Restoration shall consist of matching surrounding material (i.e.. grass, stone and the like) to the satisfaction of the Borough Engineer.
(2) Improved streets.
(a) All other streets which are improved shall be filled with suitable excavated material to within ten inches of the street surface. No macadam, concrete or blacktop pieces shall be used for backfill. All backfill shall be No. 57 aggregate with a six-inch envelope of AA screenings or 1B stone around the pipe or conduit. Trenches shall be filled with eight inches 2A modified stone and two inches of hot bituminous patch material. After 90 days, the temporary material and five inches of stone shall be removed. The trench shall be restored with five inches of bituminous concrete base course and two inches of ID-2 bituminous concrete. All edges shall be sealed with BM-1 asphalt sealer. The date of the final restoration shall be painted on the patch.
(b) All material replaced in a trench or excavation shall be compacted by adequate machine tamping in six-inch layers. It shall be unlawful to puddle or waterfill in lieu of such tamping.
(F) During the making of any excavation in the street, every necessary and reasonable precaution shall be taken by the applicant and the parties making the same to keep the street in a safe and passable condition both day and night by guards, barriers, lanterns and other devices, and all excavating permits granted hereunder are granted under and subject to the express condition that the person to whom the same is issued shall indemnify, save and keep harmless the borough from any loss in damages, or otherwise whatsoever, which may or shall be occasioned at any time by the said excavation, or by any leak, explosion or other injury from any pipe, apparatus, conduit or any other matter placed in the said excavation.
(G) The applicant shall notify the borough when the opening or excavation is ready for backfill before any backfilling is done, when backfilling work is completed, when the temporary paving has been installed and when the street has been permanently restored so that inspections may be made by the borough.
(H) In the event that any work performed by or for a permit holder shall, in the opinion of the borough be unsatisfactory and the same shall not be corrected in accordance with the borough’s instructions within the time fixed by it, or in the event that the work for which the permit was granted is not completed within the time fixed by the borough, the borough may proceed to correct such unsatisfactory work, cost, thereof, plus 20% to the applicant. In the event the borough is not notified of the work as required in this section, the trenches shall be opened at the borough’s request to ensure proper backfilling, tamping and paving.
(I) Monuments of concrete, iron or other lasting material set for the purpose of locating or preserving the lines of any street, of property subdivision, or a precise survey reference point or a permanent survey benchmark within the borough shall not be removed or disturbed or caused to be removed or disturbed unless permission to do so is first obtained in writing from the borough. Permission shall be granted only upon condition that the applicant shall pay all expenses incident to the proper replacement of the monument.
(J) When the work performed by the applicant interferes with the established drainage system of any street, provision shall be made by the applicant to provide proper drainage to the satisfaction of the borough.
(K) When any earth, gravel or other excavated material is caused to roll, flow or wash upon any street, the applicant shall cause the same to be removed from the street within 24 hours after deposit. In the event the earth, gravel or other excavated material so deposited is not removed, the borough shall cause such removal and the cost incurred shall be paid by the applicant.
(L) Access to private driveways shall be provided except during working hours when construction operations prohibit provision of such access. Free access must be provided at all times to fire hydrants.
(Ord. 175, passed 12-1-1997) Penalty, see § 151.999