[Adopted 5-29-1907; amended
in its entirety 4-5-1993 by Ord.
No. 1-93]
No person or persons, companies, corporation or corporations,
either in person or by their agents, servants or employees, shall
take up or remove from any street or pavement, highway, avenue or
alley, or in any public place in the Borough of Boyertown any paving,
planking, graveling or macadamizing sidewalk or shall dig, tear up
or take up any earth or shall take up or move any earth, paving, planking,
graveling or macadamizing or improvement unless he, she or they, either
in person or by their agents, servants or employees, shall have first
obtained a permit therefor from the Borough Clerk, who is hereby authorized
to issue the same, for which they shall and hereby are required to
pay a sum as set forth from time to time by resolution of the Borough
Council.
In all cases where it may become necessary to use the streets, highways, avenues and alleys as well as pavements of the Borough of Boyertown in such a way as to interfere with any street improvements now existing (or that may hereafter be made), it shall be the duty of the person or persons, company or companies or corporation or corporations, by themselves or their agents, to put and place said streets, highways, avenues, alleys and pavements in as good condition on the completion of the use as aforesaid as they were prior to the grant of said privilege, and in case of failure so to do, the person or persons, company or companies or corporation or corporations, their agents, servants or employees, shall be liable to a fine or penalty as provided in § 168-5.
A.
Fifteen days' notice shall be required to be served on the Street
Committee of the Borough of Boyertown before any underground construction
or work shall be done on the public streets of the Borough of Boyertown;
and after the service of said fifteen-day notice as aforesaid, said
Street Committee shall be required to give its approval to said work
of underground construction, whether the same is the laying of gas
mains, water mains, sewers, conduits, steam mains or any other manner
of underground construction; and upon the approval of said work or
the sanction or assent of said Street Committee, the same must in
all cases be done and performed under the direction and supervision
of the Street Committee; provided, however, that in case of a break
or leak in any gas, water, sewer or steam heat main, conduit or service
pipe, the work can be proceeded with upon the direction of any one
member of the Street Committee, and under his supervision.
B.
Upon failure of any person, firm or corporation desirous of using said streets for the purpose of underground construction to give the notice hereinbefore required and the performing of said work of underground construction without the approval of the Street Committee, he, they or it shall be and in each and every case is liable to a fine or penalty as provided in § 168-5.
Whenever any corporation, company or association of individuals,
their agents or employees or any other person or persons shall dig
any trench in or excavate any portion of any public street, highway
or footway within the limits of said Borough for the purpose of putting
down or repairing gas or water pipes, drains or conduits or any fixture
or fixtures or for any other purpose whatsoever, such person or persons,
corporation, company or association shall, immediately upon the completion
of such work, close up such trench or excavation by backfilling with
modified 2-A gravel compacted every 18 inches. The open section must
be covered with coldpatch upon completion. Permanent restoration must
be completed in six months with a four-inch BCBC (bituminous concrete
base course) and a one-and-one-half-inch ID 2 wearing course. All
seams of the street must be sealed.
Any person or persons violating any of the provisions of this
article shall, upon conviction before any District Justice of the
Commonwealth of Pennsylvania, be sentenced to pay a fine of not more
than $600 for each offense, with costs, and if the amount of said
judgment and costs shall not be paid, said person or persons shall
suffer imprisonment in the Berks County Prison for a period not exceeding
30 days.
