No person shall remove, excavate, dig up or
in any way disturb the surface of any street for any purpose whatever
without first obtaining a written permit for so doing from the Borough.
Before a permit will be issued, an application
in writing must be filed with the Borough Clerk, specifying the location,
type and purpose of the work. The application will then be forwarded
by the Clerk to the Borough Engineer, who shall review the same and
issue a written report to the Borough Clerk containing his approval,
recommendations, etc.
[Amended 6-22-2004 by Ord. No. 04-16]
The permit shall specify the date of opening
and date of restoration of the street. Any excavation or opening in
a paved or improved portion of a street shall be repaired and the
surface relaid by the applicant, in compliance with the ordinances
of the Borough and under the supervision of the Borough Director of
Public Works within 30 days from the day that the roadway is opened.
Any applicant required to post a performance bond pursuant to §
346-9 may file a blanket performance bond in an amount to be fixed by and subject to the approval of the Borough Attorney and Borough Engineer.
Every excavation shall be properly guarded by
suitable barricades and warning signs during the day and by barricades
and lights at night. Traffic control measures shall be as specified
by the Borough Police Department and shall be in accordance with the
Manual on Uniform Traffic Control Devices, current edition.
Any person shall, as a condition of accepting
any permit issued hereunder, save, hold and keep harmless and indemnify
the Borough, its officers, agents, servants and employees from and
against any loss, damage, claim, demand or expense arising out of
any suit or claim for damages or injury alleged to have been sustained
as a result of any work done under such permit.
Notwithstanding the provisions of this chapter,
any person may open up any Borough road, street, or highway to repair
any utility, provided it is an emergency and any delay in obtaining
the required permit would result in endangering the health and general
welfare of the inhabitants of the Borough, upon the following conditions:
A. A permit, as required herein, is obtained within 72
hours after the opening of the roadway.
B. All work shall be performed in accordance with the provisions of §§
346-11 and
346-12.
C. All emergency openings to roadways shall be restored
and repaired within two days from the day the roadway was opened.
[Added 5-28-2013 by Ord. No. 13-09]
A. Whenever
the Borough Council enacts any ordinance or resolution providing for
the reconstruction or resurfacing of any street, the Borough Engineer
shall promptly mail a written notice thereof to each person, firm
or corporation owning any sewer, main or conduit or other utility
in or under said street. Such notice shall inform such persons, firms
or corporations that no excavation permit shall be issued for openings,
cuts or excavations in said street for a period of five years after
the date of enactment of said ordinance or resolution, except as set
forth below. Such notice shall also inform such person, firm or corporation
that application for excavating permits for work to be done prior
to such paving or repaving shall be submitted promptly in order that
the work covered by the excavation permit shall be completed as soon
as possible and in no event later than the date specified in the permit
for the excavation work therefor.
B. Emergency. During the five-year period, an excavation permit shall be issued to open, cut or excavate in said street if, in the judgment of the Borough Engineer, an emergency, as described in this article (See §
346-14.), exists which makes it absolutely essential that the excavation permit be issued.
C. New
construction or restoration. During the five-year period, an excavation
permit shall be issued to open, cut or excavate in said street for
the purpose of providing utility or other service to a newly constructed
residence or other newly constructed structure adjacent to a newly
paved street or for the purpose of providing utility or other service
to a preexisting residence or structure which is being reconstructed
and for which the reconstruction encompasses 50% or more of the structure,
also adjacent to that street.
D. Waiver.
During the five-year period, an excavation permit may be issued to
open, cut or excavate in said street for the purposes of providing
utility or other service to a preexisting residence or structure,
but only upon application to the Borough Council and for good cause
shown.