[Ord. 343, 4/8/1957, § 1]
1.
PERSON
STREET
The following words, when used in this Part shall have the meanings
ascribed to them in this section, except in those instances where
the context clearly indicates otherwise:
Any natural person, partnership, association, firm or corporation.
Any public street, avenue, road, alley, highway, square or
other public place located in the Borough of Wellsboro, established
for the use of vehicles and not a part of the Pennsylvania State Highway
system.
2.
In this Part, the singular shall include the plural and the masculine
shall include the feminine and the neuter.
[Ord. 343, 4/8/1957, § 2]
No person shall open or make any excavation of any kind in any
street in the Borough without obtaining a permit therefor, as hereinafter
provided.
[Ord. 343, 4/8/1957, § 3]
Any person who shall desire to make any opening or excavation
in any of the streets of the Borough shall make application to the
Borough Secretary in writing for the purpose. Such application shall
be made upon a blank to be furnished by the Borough and shall set
forth the name of the applicant, the exact location of the proposed
opening or excavation and the approximate size or depth thereof, and
shall contain an agreement on the part of the applicant that the work
will be done in full compliance with the ordinances of the Borough
in relation thereto, and that the applicant will well and truly save,
defend and keep harmless the Borough from 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.
[Ord. 343, 4/8/1957, § 4; as amended by Ord. 502,
2/13/1984]
The holder of every permit issued under this Part shall, prior
to the expiration date of said permit refill, repair, resurface or
otherwise reconstruct any opening or excavation made pursuant to said
permit in compliance with the Commonwealth of Pennsylvania, Department
of Transportation, Form No. 408. It shall be the duty of the Borough
Manager to ensure that the holder of the permit meets the specifications
as outlined in Form No. 408.
[Ord. 343, 4/8/1957, § 5]
During the making of an opening or excavation in a street, and
while the same shall remain open, every necessary and reasonable precaution
shall be taken by the holder of the permit to keep the street in a
safe and passable condition both day and night by guards, barriers,
lanterns and other devices, and all permits under this Part shall
be granted under and subject to the express condition that the person
to whom the same is issued shall indemnify, save and keep harmless
the Borough from any loss in damages, or otherwise whatsoever, which
may or shall be occasioned at any time by such excavation, or by any
leak, explosion or injury from any pipe, apparatus, conduit or any
other matter placed in such excavation.
[Ord. 343, 4/8/1957, § 6]
Every permit granted under this Part shall be for such period
of time as shall be stated thereon, but in no case for in excess of
30 days. The time of validity of such permit shall be determined by
the Borough Secretary on the basis of the scope of the work to be
done. If the applicant for such permit shall be dissatisfied with
such amount of time, he may appeal to the Borough Council, prior to
the issuance of such permit, for an extension thereof. All work required
to be done by the holder of such permit, under such permit, shall
be completed prior to the date of expiration of such permit, as stated
thereon.
[Ord. 343, 4/8/1957, § 7]
The holder of every permit issued under this Part shall, before
the date of expiration of such permit, refill such opening or excavation
thoroughly and completely, puddling and ramming any excavated material
that may remain and any other substance or article placed upon the
street in the course of the work done under such permit. He shall
notify such official as may be designated by Borough Council of the
completion of the work authorized and required under such permit.
[Ord. 343, 4/8/1957, § 8]
Such official as may be designated by Borough Council shall
be authorized, at his discretion, to oversee and inspect any work
of excavation or opening of any street under any such permit, and
shall inspect the street at the time of expiration of the permit,
or prior thereto, if the holder of such permit shall notify him that
the excavation has been refilled. He may require the holder of such
permit to rectify any fault or improper work in the refilling of such
excavation or the preparation of the same for resurfacing.
[Ord. 343, 4/8/1957, § 9; as amended by A.O.]
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 more than $1,000 plus costs and, in default of payment
of said fine and costs, to imprisonment for a term not to exceed 30
days. Each day that a violation of this Part continues shall constitute
a separate offense.
