[Ord. 548, 7/17/1970, § 1]
1.
PERSON
STREET
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.
2.
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]
1.
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.
2.
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]
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.
2.
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.
