[Adopted 6-2-1969 by Ord. No. 659, approved 6-2-1969]
It shall be unlawful for any person, partnership, firm, company, association or corporation to open or to excavate any street, road, lane, alley, sidewalk, curb, highway or footway in the Borough of Marcus Hook without first procuring a permit from the Borough Secretary.
Any person, partnership, firm, company, association or corporation who shall desire to make any opening or excavation in any of the streets, roads, lanes, alleys, sidewalks, curbs, highways or footways in the Borough of Marcus Hook shall make application to the Borough Secretary in writing for the purpose. Such application shall be made upon blanks to be furnished by the Borough and shall set forth the name of the applicant, the exact location of the proposed opening or excavation and the approximate size or depth thereof, and shall contain an agreement on the part of the applicant that the work shall be done in full compliance with the ordinances and regulations of the Borough and the laws of the commonwealth in relation thereto and that the applicant shall well and truly save, defend and keep harmless the Borough from and indemnify it against any and all actions, suits, demands, payments, costs and charges for or by reason of the proposed opening or excavation and all damages to persons or property resulting in any manner therefrom or occurring in the prosecution of the work connected therewith or from any other matter, cause or thing relating thereto.
Before any permit shall be issued to open or to excavate any street, road, lane, alley, sidewalk, curbing, highway or footway in the Borough, the applicant shall pay to the Borough Secretary a permit fee as follows:[1]
A. 
Sidewalk and curb openings and excavations: a permit fee of $30 per opening, plus $1 for each additional square foot of trench required over and above 50 square feet.
[Amended 1-3-1994 by Res. No. R-94-1, approved 1-3-1994]
B. 
Street openings and excavations: a permit fee of $50 per opening, plus $1 for each additional square foot of trench required over and above 50 square feet.
[Amended 1-3-1994 by Res. No. R-94-1, approved 1-3-1994]
C. 
Where two or more separate openings are made, the applicant shall be required to pay permit fees for each of said openings.
[1]
Editor's Note: The current fee schedule is on file in the Borough offices.
Any applicant who shall make an opening or excavation as provided in this article shall promptly, thoroughly and completely refill the opening or excavation, puddling and ramming so as to prevent any settling thereafter, and shall restore the surface to the same condition as it was before the opening or excavation, and such opening or excavation and the restoration thereof shall be in accordance with the terms of this article and with the regulations which have been and shall be adopted from time to time by resolution of the Borough Council, and a copy of which said regulations shall be given to each applicant at the time of making application for a permit hereunder, and which are hereby adopted as specifications of the Borough for restoration of surfaces, and as restored, the surface shall conform to the proper grade and be of the same surface covering as the area immediately adjoining the opening or excavation. If within three years after the restoration of the surface as herein provided, defects shall appear therein resulting from defective backfilling or resurfacing by the applicant, the applicant shall reimburse the Borough for the cost of all necessary repairs to the permanent paving or curbing.
All other work in connection with openings in any street, including excavation, protection, refilling and temporary paving, shall be done by the applicant at his expense, and all such work shall be subject to the provisions of this article and the regulations pertaining thereto and to the supervision and approval of the Highway Chairman or Highway Foreman of the Borough.
The Highway Chairman or Highway Foreman of the Borough shall have the authority and the duty to inspect any and all openings or excavations to determine that a permit for said opening or excavation has been issued, that the opening or excavation complies with the application for the permit and that the opening or excavation, the backfilling and the resurfacing thereof have been done in accordance with the terms of this article and the regulations pertaining thereto.
In the case of any leak, explosion or other accident in any subsurface pipe, line, construction or apparatus, it shall be lawful for the person owning or responsible for such pipe, line, construction or apparatus to commence an excavation to remedy such condition before securing a permit, provided that application for a permit shall be made immediately and not later than the next business day thereafter and that all other provisions of this article are fully complied with. If any such emergency condition shall not be immediately attended to by the owner or person responsible for such pipe, line, construction or apparatus, the Borough Secretary, after such notice as he shall deem necessary under the circumstances of the particular case, shall proceed to do the work necessary and required by such emergency and charge the same on the basis of cost plus 20% to such owner or person.
The Borough Secretary shall give timely notice to all persons owning property abutting on 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 Secretary. New paving shall not be opened 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 of such paving to be determined by the Borough Secretary. If it is sought to excavate upon or open a street within five years after the completion of the paving thereof for any other reason than an emergency as above stated, the applicant shall make written application to the Borough Council and a permit for such opening shall only be issued after express approval of Council.
No new water or gas main shall hereafter be laid or constructed and no existing water or gas main shall be extended in any of the streets of the Borough until the exact location thereof and the plan therefor shall have been first approved by the Borough Council.
Payment for all work done by the Borough under the provisions hereof shall be made by the person made liable therefor under the provisions hereof within 30 days after a bill therefor is sent to such person by the Borough. Upon failure to pay such charges within such time, the same shall be collectible by the Borough in the manner provided by law for the collection of municipal claims.
[Amended 9-6-1988 by Ord. No. O-88-5, approve 9-6-1988]
Any person violating any of the provisions of this article shall upon conviction thereof, be punishable for each offense by a fine of up to the maximum amount provided from time to time by state statute.
Borough Council may, from time to time, by resolution, fix the amount of permit fees to be charged under this article and make such rules and regulations pertaining to openings and excavations hereunder as it may deem necessary.