"AMENDMENT TO EXCAVATION AND OPENING ORDINANCE"

AN ORDINANCE OF THE BOROUGH OF BOLIVAR, COUNTY OF WESTMORELAND AND COMMONWEALTH OF PENNSYLVANIA, AMENDING ORDINANCE NO 5-92, THE EXCAVATION AND OPENING ORDINANCE.

WHEREAS, the Borough of Bolivar has determined piecemeal patching and repaving of Borough streets by utility providers who have excavated the streets hastens deterioration of Borough streets; and

WHEREAS, the Borough of Bolivar has determined that full pavement overlay of excavated areas from curb to curb will enable the Borough to reasonably maintain the streets and prevent premature deterioration;

WHEREAS, the Borough of Bolivar is authorized to regulate streets pursuant to 8 Pa.C.S.₰ 1202 (12) of the Borough Code; and

WHEREAS, The Borough of Bolivar has previously enacted and adopted Ordinance No. 5 of 1992 which the Borough now wishes to amend;

NOW THEREFORE, the following is ordained and enacted:

SECTION 15 Site Restoration

1. Section 14. Site Restoration is hereby repealed and replaced by the following:

Any person who shall open or excavate as per this Ordinance shall thoroughly and completely refill the opening or excavation so as to prevent any settling thereof and shall restore the surface to the same condition as it was before the opening or excavation. In any area excavated the entity excavating or opening shall complete a full finished pavement overlay from curb to curb of that area. Such restoration shall otherwise be in accordance with the specifications of the Pennsylvania Department of Transportation in effect at the time of the restoration and the surface shall otherwise conform to the proper grade and be of the same surface as that part of the street immediately adjoining the opening.

2. The remaining provisions of Ordinance 5 of 1992 shall remain in full force and effect.

Aaron Bouch _
AARON BOUCH, President
Bolivar Borough Council

Attest:

Patricia Betts
PATRICIA BETTS, Secretary

Approved:

Charles Thomas Pickup Date_October 4, 2018____________

C. THOMAS PICKUP, Mayor