[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:
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.
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.