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.