A.
APPLICANT
BOROUGH
BOROUGH REPRESENTATIVE
EMERGENCY
MUNICIPAL AUTHORITY
NEW STREET
PERMITTEE
PERSON
PUBLIC UTILITY COMPANY
STREETS
As used in this article, the following terms shall
have the meanings indicated:
A person who makes application for a permit under this article.
The Borough of Rosslyn Farms, Allegheny County, Pennsylvania.
The person in charge of the Department of Public Works, or
his or her authorized deputy, representative or inspector, as shall
from time to time be designated by Council of the Borough of Rosslyn
Farms.
Any unforeseen circumstance or occurrence, the existence
of which constitutes a clear and immediate danger to persons or properties.
Any body corporate and politic created pursuant to the laws
of the Commonwealth.
A newly constructed cartway, including the base and surfacing
of either concrete or asphalt, or a reconstructed cartway surfaced
with at least one-and-one-fourth-inch top of asphalt. It shall be
the prerogative of the Borough Representative to define the category
of "new street" and advise the proper utility companies of such designation.
A person who has been issued a permit and who has agreed
to fulfill all the terms of this article.
Includes any natural person, partnership, association, utility,
corporation, or authority created pursuant to an act of the General
Assembly. When used in any section prescribing and imposing a penalty,
"person," as applied to associations, means the partners or members
thereof and, as applied to corporations, the officers thereof.
A company subject to the jurisdiction of and control by the
Pennsylvania Public Utility Commission.
Includes any public street, public easement, right of way,
public highway, public alley, public way or public road accepted or
maintained by the Borough or open for travel and used by the public,
whether or not so accepted or maintained, including the entire area
within the right-of-way thereof.
B.
Words and phrases used in the singular shall include
the plural, and the masculine shall include the feminine and neuter.
No person shall make any tunnel or excavation
of any kind in or under the surface of any street without first securing
a permit from the Borough for each separate undertaking. However,
a person maintaining pipes, lines or other underground facilities
in or under the surface of a street may proceed with an excavation
without a permit when emergency circumstances demand the work to be
done immediately, provided that the permit could not reasonably and
practically have been obtained beforehand. The person shall thereafter
apply for a permit on the first regular business day on which the
office of the Borough Representative is open for business, such permit
to be retroactive to the date when the work was begun. In all cases
where emergency excavations are necessary, the Police Department of
the Borough shall be notified prior to such excavation.
No person to whom a permit has been granted
pursuant to this article shall perform any of the work authorized
by such permit in any amount greater than that specified in the permit,
except that if the permittee desires to perform additional work not
in excess of an amount greater than 10% of the amount specified in
the permit, the permittee may apply to the Borough Representative
for an amendment to the original permit to allow for the additional
work. If the additional work exceeds 10% of the amount specified in
the original permit, an application for a new permit shall be made.
Any deposit or bond posted in connection with the original permit
shall be deemed to cover any such additional work as may be added
pursuant to the issuance of an amended permit within the limit specified
in this section.
Work for which a permit has been issued pursuant
to this article shall commence within 30 days after the issuance of
the permit. If not so commenced, the permit shall be automatically
terminated unless the permittee applies for an extension of time within
which to commence work. If such an extension is granted, the original
permit shall remain in force for the period of time specified in the
extension. Permits which terminate by reason of failure to commence
work within 30 days after issuance thereof, or within any extension
of time granted therefor, may be renewed only upon the payment of
an additional permit fee as originally required.
Permits issued pursuant to this article are
not transferable from one person to another. The work authorized by
such a permit shall not be done in any place other than the location
specifically designated in the permit.
Every permit issued pursuant to this article
shall expire at the end of the period of time which is set out in
the permit. If the permittee is unable to complete the work within
the specified time, he or she shall, prior to the expiration of the
permit, present, in writing, to the Borough Representative a request
for an extension of time, setting forth therein the reasons for the
required extension. If the Borough Representative finds that the failure
to complete the work within the time specified in the permit was due
to circumstances reasonably beyond the control of the permittee and
that an extension of time to complete the work is necessary and not
contrary to the public interest, the permittee may be granted additional
time for completion of the work.
All street excavations required by utilities
owned and/or operated by the Borough shall be made and restored under
the direction and supervision of the Borough Representative. The permit,
fee, deposit, insurance and bond requirements of this article shall
not be applicable to any excavation made by Borough owned and/or operated
utilities.
This article shall not be applicable in those
instances where the street or highway is maintained by the Commonwealth
or the county, provided, however, that a person applying for a permit
to do work within the right of way of a street or highway maintained
by the Commonwealth or the county, which would otherwise require a
permit under this article, shall notify the Borough Representative
at the time that such application is made and at the time that the
work under any permit issued pursuant to such application is begun,
so that proper safety precautions may be taken by the Borough during
the continuation of such work.
Every permit issued pursuant to this article
shall be granted subject to the right of the Borough, or of any other
person entitled, to use the street for any purpose for which such
street may lawfully be used not inconsistent with the permit.
A.
A permit issued pursuant to this article may be revoked
by the Borough Representative, after notice to the permittee, for:
(1)
A violation of any condition of the permit or of any
provision of this article;
(2)
A violation of any provision of any other applicable
ordinance or law relating to the work; or
(3)
The existence of any condition or the doing of any
act constituting or creating a nuisance or endangering the lives or
property of others.
B.
A permittee shall be granted 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 the permit
is revoked.
C.
Written notice of the violation shall be served upon
the permittee or his or her agent. 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 mail addressed to the person to be notified.
D.
When the permit has been revoked and the work authorized
by the permit has not been completed, the Borough Representative shall
cause such work as may be necessary to restore the street or part
thereof to as good condition as existed before the opening was made.
All expenses thereby incurred by the Borough shall be recovered from
the deposit or bond the permittee has made or filed with the Borough.
The applicant for a permit issued pursuant to
this article shall:
A.
Make a written application for such permit with the
Borough Representative on such form as the Borough Representative
may prescribe. No work shall commence until the Borough Representative
has approved the application and plan and has issued a permit and
until the permittee has paid and provided all fees, deposits, certificates,
bonds, and insurance required by this article.
B.
Furnish in triplicate a plan showing the work to be
performed under the permit. Two copies of such plan shall be returned
to the applicant at the time the permit is granted.
C.
Agree to save the Borough, its officers, employees,
and agents harmless from any and all costs, damages and liabilities,
which may accrue or be claimed to accrue by reason of any work performed
under the permit. The acceptance of any permit shall constitute such
an agreement by the applicant whether or not the same is expressed.
A person receiving a permit issued pursuant
to this article shall:
A.
Pay a minimum permit fee per excavation, plus a fee
per linear foot for each additional foot or fraction thereof of excavation
more than 50 feet in length, as set from time to time by resolution
of the Borough Council. Public utility companies and municipal authorities
may, upon written notice to the Borough Representative, elect to be
billed monthly for such fees as they accrue.
B.
Make a deposit to cover the cost of inspecting the work authorized by the permit and, unless the permittee is granted permission to restore the street surface as provided in § 158-22D, the cost of restoring the street surface removed or damaged by the work done under such permit. The amount of such deposit shall be computed by the Borough Representative, as provided in § 158-23A. In the case of a public utility company, the Borough may waive the requirement of a deposit if such utility company files with the Borough a corporate bond in a form satisfactory to the Borough Solicitor, conditioned upon the payment to the Borough of all costs which would otherwise be covered and paid out of such a deposit. If such utility company elects to file such a bond, the Borough shall bill such utility company monthly for such costs as they accrue.
C.
Furnish a maintenance bond, as required by § 158-27B,
and, when the permittee is granted permission to restore the street
surface as provided in § 158-22D, a performance bond, as
required by § 158-27A.
E.
Submit, when required by the Borough Representative,
a list of owners and/or tenants, and/or the addresses, of all properties
abutting the area where the work authorized by the permit is to be
performed.
F.
Present evidence, when required, that all materials,
labor and equipment which are needed to complete the work authorized
by the permit are available.
G.
Keep the original copy of the permit and an approved
copy of the plan, at all times while such work is in progress, at
the location for such permit was granted, and show such permit and/or
plan upon the demand of the Superintendent of Public Works or police
personnel.
A.
General provisions.
(1)
No excavation in any street shall extend beyond the
centerline of the street before being backfilled and the surface of
the street temporarily restored.
(2)
Not more than 150 feet, measured longitudinally, of
a street shall be excavated at any one time, except by special permission
of the Borough Representative.
(3)
All utility facilities shall be exposed sufficiently,
or definite locations thereof determined, ahead of trench excavation
work to avoid damage to such facilities and to permit their relocation,
if necessary.
(4)
Pipe drains, pipe culverts, or other facilities encountered
during the course of work shall be protected by the permittee.
(5)
A person whose facilities are damaged or caused to be relocated by the permittee shall notify the permittee and the Borough of such damage and thereafter may make the necessary repair or relocation and file a claim against the permittee with the Borough for the cost of such repair or relocation. Public utility companies concerned shall be notified by the Borough in sufficient time to determine the validity of the damage or relocation claims. The cost of such repair or relocation work may be held by the Borough Representative from the deposit provided for in § 158-23, pending determination of liability for damage.
(6)
Monuments of concrete, iron or other lasting material
set for the purpose of locating or preserving the lines of a street
or property subdivision, a precise survey reference point or a permanent
survey bench mark in the Borough shall not be removed or disturbed,
or caused to be removed or disturbed, unless permission to do so is
first obtained in writing from the Borough Representative. Permission
shall be granted only upon the condition that the permittee shall
pay all expenses incident to the proper replacement of the monument.
(7)
When work performed by the permittee interferes with
the established drainage system of a street, provisions shall be made
by the permittee to provide proper drainage.
(8)
When any earth, gravel, or other excavated material is caused to flow, roll or wash upon a street, the permittee shall cause the removal of the same from the street within eight hours after deposit thereof to permit the safe flow of traffic. If such earth, gravel or other material is not removed as specified, the Borough Representative shall cause such removal and the cost incurred shall be paid by the permittee or deducted from the deposit made pursuant to § 158-23.
(9)
Every permittee shall place around the project such
barriers, barricades, lights, warnings flags, and other danger signs
as shall be determined by the Borough Representative to be necessary
for the protection of the public. Additional safety requirements may
be prescribed by the Borough Representative, and, where applicable,
shall be in conformity with the requirements set forth in the State
Department of Transportation Bulletin 43, "Maintenance and Protection
of Traffic on Construction Projects," the 1969 edition, and any future
revisions thereof. Copies of the publications shall be made available
in the office of the Borough Representative for inspection by the
public.
(a)
Barricading shall be in compliance with the
regulations set forth in such publication.
(b)
All applicable rules and regulations of the
State Department of Labor and Industry shall be complied with.
(c)
Whenever a person fails to provide or maintain
the safety devices required by the Borough Representative, such devices
may be installed and maintained by the Borough, with the cost so incurred
to be chargeable to and paid by the permittee or deducted from his
or her deposit or bond.
(d)
No person shall willfully move, remove, injure,
destroy, or extinguish any barrier, barricade, light, warning flag,
sign or notice erected, placed or posted in accordance with this article.
(10)
Access to private driveways shall be provided
except during working hours when construction operations prohibit
the provision of such access. Free access shall be provided at all
times to fire hydrants.
(11)
Excavated materials shall be laid compactly
along the side of the trench and kept trimmed so as to cause as little
inconvenience as possible to public travel. In order to expedite the
flow of traffic or to abate dirt or dust nuisances, the Borough Representative
may require the permittee to provide toe boards or bins. If the excavated
area is muddy and causes inconvenience to pedestrians, temporary wooden
plank walks shall be installed by the permittee as directed by the
Borough Representative. If the street is not wide enough to hold the
excavated material without using part of the adjacent sidewalk, the
permittee shall keep a passageway, at least 1/2 the sidewalk width,
open along such sidewalk line.
(12)
Work authorized by a permit issued pursuant
to this article shall be performed only between 7:00 a.m. and 7:00
p.m., prevailing time, Monday through Saturday, unless the permittee
obtains written consent from the Borough Representative to do the
work at an earlier or later hour. Such permission shall be granted
only in the case of an emergency or in the event the work authorized
by the permit is to be performed in traffic congested areas.
(13)
In granting any such permit, the Borough Representative
may attach such other conditions thereto as may be reasonably necessary
to prevent damage to public or private property or to prevent the
operation from being conducted in a manner hazardous to life or property
or in a manner likely to create a nuisance. Such conditions may include,
but shall not be limited to, limitations on the period of the year
in which the work may be performed; restrictions as to the size and
type of equipment used in the work; the designation of routes upon
which materials may be transported; the place and manner of disposal
of excavated materials; requirements as to the laying of dust, the
cleaning of streets, the prevention of noise and other results offensive
or injurious to the neighborhood, the general public or any portion
thereof; and, regulations as to the use of streets in the course of
the work.
(14)
The use of a mechanical device for the breaking
of pavement, such as a hydra-hammer-headache ball, etc., shall only
be permitted by special written permission of the Borough Representative.
A.
All pavement cuts and excavations shall be properly made and backfilled by the permittee in accordance with Borough specifications. Unless the permittee has been granted permission to restore the street surface, as provided in Subsection D hereof, the permittee shall also place a temporary surface on the pavement cut or excavation in accordance with Borough specifications. If the permittee has been granted permission to restore the street surface, but weather conditions are such as to prevent the completion of permanent restoration of the street surface at the time backfilling is completed, the permittee shall install a temporary surface within 24 hours of the completion of backfilling in accordance with Borough specifications until such time as weather conditions will permit the permanent restoration of the street surface.
B.
The Borough Representative shall be notified by the
permittee, during the twenty-four-hour period preceding the beginning
of backfilling, of the date and approximate time at which backfilling
will be begun. Backfilling must be completed within 36 hours of he
installation of the facility, in accordance with Borough specifications.
C.
No backfilling shall be accomplished unless the Borough
Representative or a designated Borough inspector is present, or unless
permission has been granted for backfilling after inspection of such
installation by the Borough Representative.
D.
The work of final restoration, including both paving
surface and paving base, shall be performed directly by the Borough
under the supervision of the Borough Representative, provided, however,
that upon a permittee's application for permission to perform the
restoration, the Borough may grant permission to such permittee to
perform the restoration. The Borough Representative in his or her
sole discretion shall determine whether or not a permittee is granted
permission to make restoration, and the determination of the Borough
Representative shall be final and conclusive. In those cases where
such permission is granted, the restoration, including both paving
surface and paving base, shall be performed by the permittee in accordance
with Borough specifications and subject to inspection by the Borough.
E.
Final restoration of the excavated street shall require
that the surface or wearing course of the entire roadway from the
back of the curb to the back of the curb to be removed and replaced
so that the finished street has only two joints running perpendicular
to the roadway and no joints running along the length or parallel
to the street, all in accordance with Detailed Drawings numbered Street
Opening 1 and 2 (SO-1 and SO-2, included at the end of the chapter).
In the event that curbing does not exist on the excavated street,
then the street shall be repaved from one edge of the road to the
opposite edge of the road.
F.
After excavation is commenced, the work of making
and backfilling such excavation shall be prosecuted with due diligence.
G.
Inspections of all work authorized by a permit issued
pursuant to this article shall be made by the Borough Representative
at such time and in such manner as is required to ensure compliance
with this article. If the nature of the work to be performed under
any such permit requires the services of a full-time inspector, the
Borough Representative shall provide for the services of such inspector,
at the cost of the permittee.
H.
All inspection costs shall be borne by the permittee.
Such costs shall be based upon a schedule of charges on file in the
office of the Borough Representative.
I.
Upon the completion of all work required under the
permit issued pursuant to this article, the permittee shall notify
the Borough Representative, in writing, of such completion. A certificate
of final inspection shall be issued by the Borough Representative
to each permittee not sooner than one year and not later than 18 months
after the permanent restoration of the excavation has been made, provided
that the work authorized by the permit has been performed in accordance
with Borough specifications. Prior to the issuance of such certificate,
the Borough Representative shall make a final inspection of the restoration
to determine whether or not Borough specifications have been adhered
to.
J.
If any settlement in a restored area occurs within
one year from the date of completion of the permanent restoration
and the permittee fails to make a correction thereof after notification,
any expense incurred by the Borough in correcting such settlement
shall be paid by the permittee or recovered from his or her bond,
unless the permittee submits proof satisfactory to the Borough Representative
that the settlement was not due to defective backfilling.
K.
In no case shall an excavation made by a permittee be considered in the care, custody or control of the Borough or any of its officers or employees. No officer or employee of the Borough is authorized in any way to take or assume any jurisdiction or control over any such excavation, except in the exercise of police power when it is necessary to protect life and property. However, the Borough assumes charge when making final surface restoration, unless the permittee has been granted permission to perform the restoration of the street surface as provided in Subsection D hereof.
A.
Computation. The Borough Representative, upon receipt of a properly completed application, shall determine the amount of the deposit to be made by the permittee in accordance with the schedule of charges established pursuant to § 158-24, provided, however, that the minimum deposit required by this article shall be not less than $50. The deposit shall be paid at the time the permit required by this article is issued, and the deposit shall be used to reimburse the Borough for the cost of any work and/or material furnished by it in connection with work authorized by the permit, to cover the cost of all necessary inspections of such work for any other expenses incurred by the Borough in carrying out the provisions of this article. In the case of a public utility company, the requirement of such deposit may be waived if such utility company files with the Borough its corporate bond, pursuant to § 158-20D.
B.
Form of payment. The deposit may be paid either in
the form of a certified, treasurer's or cashier's check or in lawful
money of the United States.
C.
Insufficient deposits. When any deposit is less than
sufficient to pay all costs, the permittee shall, upon demand, pay
to the Borough an amount equal to the deficiency. If the permittee
fails or refuses to pay such deficiency, the Borough may institute
an action to recover the same in a court of competent jurisdiction.
Until such deficiency is paid in full, no additional permit shall
be issued to such permittee.
D.
Yearly deposits. When a public utility company anticipates
applying for permits for more than one street excavation per calendar
year and does not elect to file a corporate bond, as provided in § 158-20B,
such utility company may post one deposit, in an amount and form as
provided in this section, for the calendar year or part thereof to
cover the cost of deposits which would otherwise be required for the
anticipated permits.
The Borough shall, by resolution, establish
a schedule of charges for inspections, labor materials and such other
expenses as may be incurred by the Borough in carrying out the provisions
of this article. Such schedule shall be established by the Borough
in accordance with the reasonably anticipated costs to be incurred
by the Borough for such inspections, including reasonable administrative
and overhead expenses, and in accordance with the currently prevailing
costs in the area for any labor and material which may be provided
by the Borough. The Borough shall revise such schedule from time to
time to reflect any increase or decrease in the costs used to establish
such charges. Such schedule shall be open to public inspection in
the offices of the Borough.
The decision of the Borough Representative as
to the cost of any work done or repair made by him or her or under
his or her direction, pursuant to this article, shall be final and
conclusive as to such cost.
Upon notification by the permittee that all
work authorized by the permit issued pursuant to this article has
been completed, and after restoration of the excavation, the Borough
Representative shall refund to the permittee his or her deposit less
all costs incurred by the Borough in connection with the permit. In
no event shall the permit fee be refunded.
A.
Performance bonds. In those instances where the applicant
or permittee intends to apply for or has received permission to perform
the work of restoration of the street surface, the applicant, upon
receipt of a permit, or the permittee, shall provide a performance
surety bond acceptable to the Borough to guarantee the faithful performance
of the work authorized by a permit issued pursuant to this article.
The amount of the bond shall be 100% of the estimated cost of restoring
the excavation. The term of the bond shall begin on the date of posting
thereof and shall terminate upon the receipt by the permittee of a
certificate of final inspection from the Borough Representative as
required under § 158-22I above. If the permittee anticipates
requesting more than one permit per year as required by this article,
he or she may furnish one continuing corporate surety bond to guarantee
faithful performance in such amount as the Borough Representative
deems necessary. The amount of such bond shall be in relation to the
cost of restoring pavement cuts to be made by the permittee throughout
the year. In the case of a public utility company, its corporate bond,
in a form satisfactory to the Solicitor, may be accepted in lieu of
the corporate surety bond required by this subsection.
B.
Maintenance bonds. Each applicant, upon the receipt
of the permit, shall provide the Borough with an acceptable corporate
surety bond conditioned for compliance with the excavation specifications
of the Borough and this article. The Borough Representative shall
determine the amount of the bond and it shall be in relation to the
cost of restoring the pavement cut to be made by the permittee, provided,
however, that the bond shall be not less than $2,000. The term of
each such bond shall begin on the completion date of the permanent
restoration of the excavation by the Borough and shall terminate upon
the receipt by the permittee of a certificate of final inspection
from the Borough Representative. If the permittee anticipates requesting
more than one permit per year, he or she may file a continuing corporate
surety bond conditioned for compliance with the specifications of
the Borough and this article in such amount as the Borough Representative
deems necessary. The amount of such bond shall be in relation to the
cost of restoring pavement cuts to be made by the permittee throughout
the year. In the case of a public utility company, its corporate bond,
in a form satisfactory to the Solicitor, may be accepted in lieu of
the corporate surety bond required by this subsection.
C.
Default in performance. Whenever the Borough Representative
finds that a default has occurred in the performance of any term or
condition of the permit, written notice thereof shall be given to
the principal and to the surety of the bond. Such notice shall state
the work to be done, the estimated cost thereof and the period of
time deemed by the Borough Representative to be reasonably necessary
for the completion of such work.
D.
Completion of work. After receipt of such notice,
the surety must, within the time specified in such notice, either
cause the required work to be performed, or failing therein, indemnify
the Borough for the cost of doing the work as set forth in the notice.
Each applicant, upon receipt of the permit issued
pursuant to this article, shall provide the Borough with an acceptable
certificate of insurance indicating that he or she is insured against
claims for damages for personal injuries, as well as against claims
for property damage, which may arise from or out of the performance
of the work, whether such performance is by himself or herself, his
or her subcontractor or anyone directly or indirectly employed by
him or her. Such insurance shall cover collapse, explosive hazards,
and underground work by equipment on the street, and shall include
protection against liability arising from completed operations. The
amount of insurance shall be prescribed by the Borough in accordance
with the nature of the risk involved, provided, however, that the
liability insurance for bodily injury shall be not less than $100,000
for each person, 300,000 for each accident and $50,000 for all property
damages, with an aggregate of $100,000 for all accidents. Public utility
companies and authorities may be relieved of the obligation of submitting
such a certificate if they submit satisfactory evidence that they
are insured in accordance with the requirements of this section or
have adequate provisions for self-insurance. Public utility companies
and authorities may file an annual certificate of insurance in lieu
of individual certificates for each permit.
When the Borough improves or paves a street,
the Borough Secretary shall first give notice to all persons owning
property abutting on the street about to be paved or improved and
to all public utility companies and authorities operating in the Borough.
All such persons, utility companies and authorities shall make all
connections, as well as any repair thereto, which would necessitate
the excavation of the street, within 30 days from the giving of such
notice. The time shall be extended if permission is requested in writing
and approved by the Borough Representative after consultation with
the Borough Engineer.
No permit shall be issued by the Borough Representative
which would allow an excavation in a paved and improved street surface
less than five years old, unless the applicant for such permit can
clearly demonstrate that public health or safety requires that the
proposed work be permitted or unless an emergency condition exists.
If, by special action of the Borough Representative,
a permit is issued to excavate a paved and improved street surface
less than five years old, a penalty charge shall be made for the excavation,
except that the penalty shall be waived in the event the work is of
an emergency nature. The penalty charge shall be on a sliding scale
and shall be equal to 2% of the cost of restoring the excavation for
each unelapsed month or fraction thereof of the five-year restriction
period.
A.
Every person owning, using, controlling or having
an interest in pipes, conduits, ducts or other structures, under the
surface of any street, used for the purpose of supplying or conveying
gas, electricity, communication impulses, water or steam to or from
the Borough, to or from its inhabitants or for any other purpose,
shall file with the Borough, within 120 days after the adoption of
this article, a written statement containing the names of the streets
wherein such facilities owned by such person are located.
A.
Whenever any pipe, conduit, duct, tunnel or other
entrance located under the surface of any street is abandoned, or
the use thereof abandoned, the person owning, using, controlling or
having an interest therein shall, within 30 days after such abandonment,
file with the Borough a statement, in writing, giving in detail the
location of the structure so abandoned. Whenever there are manholes
or tunnels associated with any abandoned underground facility, such
manholes or tunnels shall be filled in at the time of abandonment
and the Borough Representative shall be notified thereof in writing.
B.
When the Borough plans to pave or improve streets
in which there are abandoned facilities, the owner of such facilities
shall be notified to remove them if, in the opinion of Council, their
removal is in the best interests of the Borough. If the owner refuses
to remove such facilities, the Borough shall remove the abandoned
facilities and the owner shall reimburse the Borough for such removal.
A.
If the work to be undertaken by the permittee will
affect the use of the properties abutting or adjoining the project,
the Borough Representative may require the permittee to submit a list
of the owners and/or tenants, and/or the addresses, of all properties
abutting the area where the work authorized by the permit is to be
performed. Upon receipt of such list, the Borough Representative shall
notify the affected property owners and/or tenants of the proposed
work to be done.
B.
If the work to be undertaken by a permittee will affect
other subsurface installations in the vicinity of the proposed excavation,
the Borough Representative shall notify the owners of such installations
of the proposed work.
The Borough Representative shall notify, in
writing, the Borough police and fire authorities of all street excavation
permits he or she grants of a nature that would require a street being
closed. Such notifications shall state the nature of the work to be
done, the proposed beginning and completion dates thereof, and the
location of such project.
An offense shall be deemed committed each day
during or on which a violation occurs or continues after notice of
such violation has been served in writing upon the offender by the
Borough Representative.
