[HISTORY: Adopted by the Borough Council of the Borough of
Baldwin as indicated in article histories. Amendments noted where
applicable.]
[Adopted 9-19-1957 by Ord. No. 136]
Any person, firm or corporation desiring to alter and grade
any property in such a way as to affect the elevation of any manhole
located in a publicly dedicated easement in the Borough of Baldwin
or affect any such manhole in any respect shall, prior to such action,
make application to the Borough Council in writing for a permit to
perform the work which may affect the elevation of any such manhole
or affect any such manhole in any other manner. The said written application
shall indicate thereon the name of the street, highway or road and
the place at which the digging or opening will take place or the location
and type of work about to be performed which may so affect any such
manhole.
Upon payment of a fee of $5 by the applicant for the said permit,
the Borough Council, if it shall find that the terms of this article
have been complied with, may issue said permit to the applicant, which
permit shall indicate thereon the name of the street, highway or road
and the place at which the digging or opening will take place or the
location and type of work about to be performed which may so affect
any such manhole.
Any person, firm or corporation receiving a permit for the altering
of any grade of any property which may affect the elevation of any
manhole located in a publicly dedicated easement in the Borough of
Baldwin or affect any such manhole in any other way shall take proper
precautions for the proper elevation and construction of any such
manhole so that the manhole is raised or lowered to accord with the
altered grade, all at the expense of the person, firm or corporation
doing the work. Such person, firm or corporation shall restore the
surface of any publicly dedicated easement to a condition substantially
the same as it was before the surface was disturbed in order to change
the elevation of or otherwise alter any manhole located therein.
Any person, firm or corporation, prior to the issuance of any
permit provided for in this article, shall deposit with the Borough
Secretary a bond in proper form approved by the Borough Solicitor
in a sum of not less than $1,000 conditioned for the faithful compliance
with the terms of this article. In lieu of the said bond, said person,
firm or corporation may, on approval of the Borough Secretary, deposit
cash in the amount of $100 as security for the compliance with the
terms of this article.
Should any person, firm or corporation, after having altered
the surface of any property so as to interfere with the elevation
or otherwise affect any manhole located in a publicly dedicated easement
of said Borough, fail, neglect or refuse to comply with the terms
of this article or the instructions or directions of the Borough Council
or Building Inspector pertaining to the said work, the proper Borough
officials shall proceed to have the street, road or easement placed
in proper condition at the cost of the person, firm or corporation
to whom the permit was issued, said cost to be deducted from the cash
deposited aforesaid or, in the event of a bond, the cost is to be
billed to the person, firm or corporation. Under failure to pay, the
Solicitor shall be authorized and directed to proceed on the bond
for the collection of any amount due.
[Amended 12-19-1985 by Ord. No. 566]
Any person, firm or corporation who shall violate any of the
provisions of this article shall, upon conviction thereof, be sentenced
to pay a fine of not less than $300 and the costs of prosecution or
be imprisoned for up to 30 days.
[Adopted 4-17-1961 by Ord. No. 220]
When the following words or phrases are used in this article,
the following definitions shall apply:
The act of removal of a manhole cover and entrance into the
manhole for any reason.
An underground cavity containing public utility facilities
with access to same accomplished by the removal of a manhole cover
at the street, sidewalk or street level.
No person, firm or corporation, nor any employee thereof, shall
remove or cause to be removed or ordered to be removed a manhole cover
and enter or cause to be entered or order another person to enter
such manhole within the Borough of Baldwin for any purpose without
requiring another person to stand guard in the immediate vicinity
of said manhole.
[Amended 12-19-1985 by Ord. No. 566]
Any person, firm or corporation, or any employee thereof, who
violates the provisions of this article shall be liable, upon conviction
thereof, to a fine or penalty not exceeding $300 plus costs of prosecution
or to imprisonment for up to 30 days for each offense.
