[Amended 4-18-2000 by Ord. No. 1101, approved 4-18-2000; 4-5-2005 by Ord. No. 1160, approved 4-5-2005]
A. 
It shall be unlawful for any person to make any excavation in any street without first securing a permit from the Borough as provided herein.
B. 
Any person maintaining pipes, lines or other underground facilities in or under any street may proceed with an opening without a permit when emergency circumstances warrant the work to be done immediately, provided that the permit could not be reasonably and practically obtained beforehand. The person shall thereafter apply for a permit on the first regular business day on which the office of the Borough Manager is open for business, and said permit shall be retroactive to the date when the work was begun. In all cases where emergency openings are necessary, the Borough Manager shall be notified prior to such opening by contacting the Monroe County Control Center.
No person to whom a permit has been granted shall perform any of the work authorized by such permit in any amount greater than that specified in the permit, except that upon approval by the Borough Manager, additional work may be done under the provisions of the permit in such an amount as the Borough Manager shall deem appropriate and necessary to complete the work. Any deposit and bond posted in connection with the permit shall be deemed to cover any such additional work as may be approved pursuant to this section within the limit mentioned herein.
[Amended 4-5-2005 by Ord. No. 1160, approved 4-5-2005]
A. 
Work for which a permit has been issued shall commence within 90 days after the issuance of the permit therefor. If not so commenced, the permit shall expire unless the permittee applies to the Borough Manager for an extension of time.
B. 
Permits which expire within 90 days after issuance or within any extension of time granted by the Borough Manager may be renewed only upon the payment of an additional permit fee as originally required.
Permits are not transferable from one person to another, and the work shall not be made in any place other than the location specifically designated in the permit.
[Amended 4-5-2005 by Ord. No. 1160, approved 4-5-2005]
Every permit shall expire one year after issuance. If the permittee should not complete the work within the specified time, he shall, prior to expiration of the permit, present in writing to the Borough a request for an extension of time, setting forth therein the reasons for the requested extension. If in the opinion of the Borough Manager such an extension is necessary and not contrary to the public interest, the permittee may be granted additional time for the completion of the work.
All street openings required by utilities owned and/or operated by the Borough shall be made and restored under the direction and supervision of the Borough Manager. The permit, fee, deposit, insurance and bond requirements of this Part 2 shall not be applicable to any openings made by such municipally owned and/or operated utilities.
Every permit shall be granted subject to the right of the Borough, or of any other person, to lawfully use the street for any purpose not inconsistent with the permit.
A. 
Any permit may be revoked by the Borough Manager, after notice to the permittee, for:
(1) 
Violation of any condition of the permit or of any provision of this Part 2.
(2) 
Violation of any provision of any other applicable ordinance or law relating to the work.
(3) 
Existence of any condition or the doing of any act constituting or creating a nuisance or endangering life or property.
B. 
A permittee shall be granted a period of three days from the date of the notice to correct the violation and to proceed with the diligent prosecution of the work authorized by the permit before said permit is revoked.
C. 
Written notice of any such violation or condition shall be served upon the permittee or his agent engaged in the work. The notice shall contain a brief statement of the reasons for revoking the permit. Notice may be given either by personal delivery thereof to the person to be notified or by certified or registered United States mail addressed to the person to be notified at his last known address.
D. 
When any permit has been revoked and the work authorized by the permit has not been completed, the Borough Manager shall do such work as may be necessary to restore the street or part thereof to as good a condition as before the opening was made. All expenses hereby incurred by the Borough shall be recovered from the deposit or bond the permittee has made or filed with the Borough.