[Added 3-21-2006 by Ord. No. 1177, a
pproved 3-21-2006]
[1]
Editor's Note: Former Art. VII, Bond Requirements,
was repealed 4-5-2005 by Ord. No. 1160, approved 4-5-2005.
Any applicant who regularly applies for and
obtains more than 10 road opening permits per year from the Borough
may, upon request to the Borough, provide a surety bond in lieu of
individual restoration fees to serve as guarantee that all street
excavations by the applicant are repaired in accordance with the provisions
of this Part. The amount of the surety bond shall be determined by
the Borough Manager and shall be in relation to the estimated cost
of restoring all road openings undertaken by the applicant at any
time.
Whenever the Borough Manager shall find that a default has occurred in the performance of any term or condition of a permit issued to the applicant, written notice shall be served on the permittee specifying the deficiencies as provided in § 136-18. Should the permittee fail to correct said deficiencies, the Borough shall provide written notice thereof to the principal and to the surety on the bond. Said notice shall state the work to be done, the estimated cost thereof, and the period of time deemed by the Borough Manager to be reasonably necessary for the completion of the work.
After receipt of such notice, the surety must,
within the time therein specified, either cause the required work
to be performed or, failing therein, indemnify the Borough for the
cost of doing the work as set forth in the notice.
