[Ord. 548, 7/17/1970, § 1]
The following words, as used in this Part, shall have the meanings hereby respectively ascribed thereto:
- Any natural person, partnership, association, firm or corporation.
- Any street, avenue, boulevard, road, alley or other public thoroughfare or roadway in the Borough of Shillington, with the exception of state highways or continuations thereof, including the cartway intended for vehicular use and the sidewalk and sidewalk areas along such street.
In this Part, the singular shall include the plural, the plural shall include the singular, and the masculine shall include the feminine and the neuter.
[Ord. 548, 7/17/1970, § 2; as amended by Ord. 1025, 10/14/2004]
No person shall obstruct or dig or cause to be dug any opening or excavation in any street in the Borough of Shillington without first having obtained a permit therefor from the Building Official. The cost of each and every such permit, which shall be for the use of the Borough, shall be established from time to time by resolution of Borough Council.
For excavations through any paving or concrete work, the paving or concrete work shall be replaced by the Borough street repair force, and the cost thereof, plus 25% additional, shall be charged to and paid by the person by whom the excavation was made.
[Ord. 548, 7/17/1970, § 3]
No permit shall be issued for the opening of any street that shall have been improved or reconstructed within five years before the date of such permit, except in case of unavoidable accident or emergency, with special permission of the Building Official.
[Ord. 548, 7/17/1970, § 4]
Whenever such work shall continue for longer than half a day, the permit holder shall cause all necessary barriers, guards and lights to be placed in the immediate vicinity, in such manner as to provide against accidents or damage of any kind to users of the street. Provided: should any accident occur by reason of the negligence of the permit holder or any person doing work for him under such permit, the permit holder and/or such other person shall be liable for all damages arising therefrom.
[Ord. 548, 7/17/1970, § 5; as amended by Ord. 585, 5/11/1972, § 1]
When the purposes of the work for which such permit shall have been completed, the excavated material resulting from such work shall be disposed of elsewhere, other than in the excavation just completed, at some waste pit or site satisfactory to the Borough Manager, in such manner as permitted by the certain political subdivision in which the disposal area lies, and the person or persons shall fill and properly tamp the excavation with dry aggregate, conforming to PennDOT specifications for 2A aggregate, to a point one inch from the top of excavation. Upon this properly tamped material there shall be filled a bituminous mix, conforming to PennDOT specifications for an MC3 or ID-2 mix, to the top of the excavation and properly rolled and tamped. If at any time within one year after the date of the permit it shall be necessary to make repairs to the parts of any street affected by such excavation, the repairs shall be done by the Borough at the expense of the permit holder. If, in the opinion of the Borough Manager, the backfilling of any excavation shall not be in accordance with the provisions of this Part, he shall have authority to stop all operations which shall not be resumed until the Manager shall be satisfied that the provisions of this Part will be complied with.
Right of Appeal. Any person aggrieved by the terms of this Part may appeal therefrom to the Council of the Borough of Shillington which shall act upon such appeal within 30 days.
[Ord. 548, 7/17/1970, § 6]
No excavation shall be allowed to remain open for a longer time than necessary to complete the work for which the same was intended.
[Ord. 548, 7/17/1970, § 7]
No person shall dig or cause to be dug an excavation more than 1/2 the total width of the street at one time. That is, before the rest of the street is dug open, the portion already opened shall be properly filled in accordance with § 21-105 of this Part.
[Ord. 548, 7/17/1970, § 8; as amended by Ord. 1025, 10/14/2004]
Any person who shall violate any provision of this Part shall, upon conviction thereof, be sentenced to pay a fine not exceeding $1,000 and costs and, in default of payment thereof, shall be subject to imprisonment for a term not to exceed 30 days. Each day that a violation of this Part continues shall constitute a separate offense.