[Adopted 10-10-1989 by Ord. No. 436 (Ch. 21, Part 1 of the 1996 Code)]
In accordance with the provisions of the Borough Code and this article no opening or cut shall be made within any Borough street for any purpose, whether it be to maintain, repair or install any gas pipe, water pipe, sewer pipe, electrical conduits, or other piping, nor shall any telephone or electric light or power poles, or any other impediments be erected upon or in any portion of a Borough street or right-of-way except under conditions, restrictions, regulations and specifications for street repair as may be prescribed by the Borough for such purpose.
An application for a permit to cut or open a street shall be made on a form prescribed by the Borough and submitted to the Borough in triplicate. The application shall be accompanied by the applicable issuance and inspection fees in accordance with the Borough of Coopersburg schedule of fees for roadway occupancy permits. In addition, the applicant shall provide three copies of a sketch showing such dimensions as the location of the intended facility, width of the traveled roadway, right-of-way lines and a dimension to the nearest intersecting street. If the applicant is proposing to detour traffic, a detour plan must be submitted along with the application for review and approval by the Borough. Prior to issuance of the permit, the applicant shall deposit security in a form acceptable to the Borough to be held in a non-interest-bearing escrow account by the Borough to guarantee the restoration under or within the road or right-of-way for a period of one year after completion of the work.
A permit will be issued to the applicant after all the aforesaid documents have been filed and approved and the appropriate security has been deposited.
The applicant shall notify the Borough at least 48 hours prior to the commencement of work and shall give written notice upon completion of the work.
Following completion of the work authorized by the permit, the Borough shall inspect the work and, when necessary, enforce compliance with the conditions, restrictions, and regulations prescribed by the permit. Where any settlement or defect in the work occurs within one year following the date of completion, and if the applicant shall fail to rectify any such settlement or other defect within 10 days after written notice from the Borough to do so, the Borough may do the work and shall deduct from the security the cost thereof, together with an additional 20% of such cost. Any cost in excess of the security shall be recoverable as provided by law. After the one-year maintenance period the applicant shall request in writing by certified mail that the Borough return any undisbursed funds remaining in the escrow account. Following a review of the account to determine the amount of the undisbursed funds, the Borough shall return such remaining funds.
Persons performing survey work which necessitates cutting hole(s) in the roadway pavement to find property corners or other survey marks are exempt from the requirement of obtaining a street occupancy permit. However, such persons are required to notify the Borough that such holes were made and further to patch the holes with bituminous stockpile patching material or cold patch following completion of the survey work.
[Amended 4-23-1996 by Ord. No. 509]
Permit fees to cut or open public streets shall be established by Borough Council on the basis of the purpose for the cut, the length of interruption of traffic and the danger inherent in making the cut or excavation, the anticipated time and extent of inspection by Borough personnel of the intended cut, and the prospect for necessary follow-up and maintenance. Such a fee schedule, as established from time to time by resolution of Borough Council, shall be based upon reasonable rates, both administrative and engineering, involved in such activity from the beginning of the application procedure to a reasonable termination time determined in accordance with generally accepted engineering practices.
[Amended 4-23-1996 by Ord. No. 509]
Any person, firm, corporation or utility which shall violate any of the provisions of this article shall be subject to civil proceedings for the collection of a judgment of not more than $600 and costs of action.
[Added 9-24-1996 by Ord. No. 512]
The Borough Secretary shall give timely notice to all persons owning property abutting any street within the Borough about to be paved or improved and to all public utility companies operating in the Borough, and all such persons and utility companies shall make all water, gas or sewer connections, as well as any repairs thereto which would necessitate excavation of the said street within 30 days from the giving of such notice, unless such time is extended in writing for cause shown by the Borough Council. New paving shall not be opened or excavated for a period of five years after the completion thereof, except in case of emergency, the existence of which emergency and the necessity for the opening or excavating of such paving to be determined by the Borough Council. If it is sought to excavate upon or open a sewer within five years after the completion of the paving, applicant shall make written application to the Borough Council, and a permit for such opening shall be issued only after express approval of the Borough Council.