[Adopted 7-18-1979 by Ord. No. 884 (Ch. XXI, Part 1, of the
1980 Code of Ordinances)]
A.
PERSON
STREET
The following words, when used in this article, shall have the meanings
ascribed to them in this section, except in those instances where
the context clearly indicates otherwise:
Includes any natural person, partnership firm, association,
or corporation.
Any public street, avenue, road, alley, highway or other
public place located in the Borough of Mount Union and established
for the use of vehicular traffic.
B.
The singular shall include the plural, and the masculine shall include
the feminine and the neuter.
It shall be unlawful for any person to open or to make any excavation
of any kind in any of the streets in the Borough of Mount Union without
first securing a permit therefor, as hereinafter provided.
Any person who shall desire to make any opening or excavation
in any of the streets in the Borough of Mount Union shall make application
to the Borough Manager in writing for said purpose. Said application
shall set forth the name of the applicant, the exact location of the
proposed opening or excavation, and the approximate size or depth
thereof. The application shall contain an agreement on the part of
the applicant that the work shall be done in full compliance with
the ordinances 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. At the time of securing the
permit, the applicant shall post a bond in the amount of $100 for
up to 18 square feet of opening or excavation and $5 per square foot
for each additional square foot over 18 square feet, which shall be
in the form of cash or a cashier's check, with the Borough Manager
to guarantee satisfactory backfilling and restoration of the surface
of the street.
[Amended 12-8-1980 by Ord. No. 954; 12-21-1994 by Ord. No. 1029; 12-21-1994 by Ord. No. 1031]
Before any permit shall be issued to open or excavate any street
in the Borough, the applicant shall pay to the Borough Manager a permit
fee in such amount and in accordance with such schedule of fees as
may, from time to time, be adopted by the Borough Council of the Borough
of Mount Union. Any fee charged shall reasonably represent the costs
involved to the Borough of the opening and supervision of any excavation.
Any person who shall open or excavate any improved street in
the Borough shall 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. Such restoration shall be completed within
one week after the work is completed for which the permit was issued
and shall be in accordance with the specifications of the Pennsylvania
Department of Transportation, which are hereby adopted as specifications
of the Borough, for restoration of surfaces of streets in the Borough.
As restored, the surface shall conform to the proper grade and be
of the same surface covering as the part of the thoroughfare immediately
adjoining the opening or of such surface covering as shall be specified
by the Street Committee of Borough Council. If, within two years after
the restoration of the surface as herein provided, defects shall appear
therein resulting from defective backfilling or restoration of the
surface by the permit holder, the permit holder shall reimburse the
Borough for the cost of all necessary repairs.
All other work in connection with openings in any street, including
excavation, protection, refilling and temporary paving, shall be done
by the permit holder at his expense, and all such work shall be subject
to the provisions of this article and to the supervision and approval
of the Street Committee of the Borough Council, provided that the
Street Committee may require that cutting of the surface of the improved
streets and the backfilling of all excavations therein shall be done
by the Borough, and the charge therefor shall be paid by the permit
holder on the basis of actual cost of the work, plus 20%.
A.
No opening or excavation in any street shall extend from the edge
of the street into said street a distance greater than one foot beyond
the center line of said street before being refilled and the surface
of the street restored to a condition safe and convenient for travel.
B.
All openings or excavations shall be backfilled promptly with suitable
materials and thoroughly compacted in layers.
C.
During the making of any excavation in any street, every necessary
and reasonable precaution shall be taken by the permit holder and
the parties making the same to keep the street in a safe and passable
condition both day and night by guards, barriers, lanterns and other
devices, and all excavating permits are granted under and subject
to these provisions.
D.
In the event any work performed by or for a permit holder shall,
in the opinion of the Street Committee of the Borough Council, be
unsatisfactory and the same shall not be corrected in accordance with
its instructions within the time fixed by it, or in the event that
the work for which the permit is granted is not completed within the
time fixed by the Street Committee, the Borough may proceed to correct
such unsatisfactory work or complete any such work not completed and
charge the cost thereof, plus 20%, to the permit holder.
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 thereto 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.
Any person violating any provision of this article shall, upon
conviction thereof, be sentenced to pay a fine of not more than $300,
and costs of prosecution, or, in default of payment of such fine and
costs, to undergo imprisonment for not more than 30 days, provided
that each violation of any provision of this article, and each day
the same is continued, shall be deemed a separate offense.
