[Adopted 12-27-2016 by Ord. No. 17-2016]
Whenever the Borough Council enacts an ordinance or resolution providing for the paving or repaving of any street or sidewalk, the Municipal Clerk shall promptly post a written notice thereof on the Borough website and on the Borough Hall bulletin board. Such notice shall notify the public that any application for an excavation permit for openings, cuts or excavations for work to be done in or under said street or sidewalk prior to such paving or repaving shall be submitted promptly in order that the work covered by such excavation permit may be completed not later than 45 days from the date of enactment of such ordinance or resolution.
In the event any owner, person, agency or utility shall fail to perform such excavation work, any and all rights of such owner, person, agency or utility, or their successors in interest, to make openings, cuts or excavations in said street or sidewalk shall be prohibited and forfeited for a period of three years from the date of enactment of said ordinance or resolution. During said three-year period, no excavation permit shall be issued to open, cut or excavate in said street or sidewalk unless, in the judgment of the Committee on Public Utilities, an emergency exists which makes it absolutely essential that the excavation be permitted.
Every Borough department or official charged with the responsibility for any work that may necessitate any opening, cut or excavation in said street or sidewalk is directed to take appropriate measures to perform such excavation work within said forty-five-day period so as to avoid the necessity of making any openings, cuts or excavations in the new pavement in the Borough's streets or sidewalks during said three-year period.
Violations of the provisions of this article shall be punishable as provided in § 1-15A, General penalty.