[Ord. 208, 7/8/1985]
1.
It shall be unlawful for any person, firm or corporation to make
any opening or excavation within or under any street, alley or thoroughfare
within the limits of the Borough of Middleburg unless and until a
permit therefor has been secured from the Borough Secretary for each
separate undertaking. Such permit and the application therefor shall
be in the form prescribed by the Borough Council and shall conform
to the terms of this Part.
2.
The police officers of the Borough shall promptly prohibit any work
from being done without proper permit or contrary to the terms thereof.
[Ord. 208, 7/8/1985]
The fee for said permit shall, for each separate undertaking,
be $1. The application for the permit and every such permit shall
specify a time when said opening or excavation may remain open and
the place said opening or excavation may be made, together with the
probable length, width and depth thereof, and such further information
as the Borough Council may require, and any additional surface to
be disturbed and any additional time required may be endorsed on the
permit; provided, however, that emergency breaks or leaks may be repaired
and a permit therefor secured within 24 hours after such emergency
work is completed.
[Ord. 208, 7/8/1985]
It shall be the duty of any person or persons, firm or corporation
to whom a permit is issued or by whom any opening or excavation is
made as aforesaid to provide and maintain proper and adequate guards,
barriers and lights to prevent accidents, and such person, persons,
firms or corporations shall assume all risks and be liable for damages
by reason of the openings and excavations and by reason of any failure
to properly fill the hole or trench and maintain the disturbed surface
in a safe condition.
[Ord. 208, 7/8/1985]
It shall be the duty of any person, firm or corporation causing
an opening or excavation to be made to thoroughly and completely fill
the same, tamping and ramming so as to prevent any settlement thereafter.
If the work in opening or in filling shall not be promptly or shall
be unskillfully or improperly or incompletely undertaken, the Borough
Street Commissioner or any person designated by the Borough Council
may cause the same to be done in the manner deemed to be proper by
the Borough Council, and the expense thereof, including any overhead
expense, shall be charged to the person, firm or corporation by whom
the opening or excavation was made, together with the penalty of 10%
of the cost thereof. The Street Commissioner or any other person designated
by the Borough Council shall replace the top surface with the same
material as and at the proper grade with the part of the thoroughfare
adjoining the opening or excavation, the cost of which shall be determined
by the Borough Council, which shall be reasonable and proper, and
charged to the person, firm or corporation by whom the opening or
excavation was made or caused to be made.
[Ord. 208, 7/8/1985]
No permit shall be issued to any person, firm or corporation
in default under this Part until the costs and penalty herein provided
are paid. In no case shall any opening or excavation made by any person,
firm or corporation be considered in the charge or care of the Borough
or any officer or person employed by the Borough, and no officer or
employee is authorized to, in any way, take or assume any jurisdiction
over such opening or excavation.
[Ord. 208, 7/8/1985; as amended by Ord. 295, 11/8/2005; and
by Ord. 323, 9/9/2014]
Any person, firm or corporation who shall violate any provision
of this Part shall, upon conviction thereof, be sentenced to pay a
fine of not less than $100 nor more than $1,000 plus costs and, in
default of said fine and costs, to a term of imprisonment not to exceed
30 days. Each day that a violation of this Part continues shall constitute
a separate offense.
