[Adopted 12-30-1975 by Ord. No. 171, approved 12-30-1975]
As used in this Article, the following terms shall have the meanings indicated:
PERSON
Any natural person, partnership, firm, association or corporation.
STREET
Any public street, avenue, road, square, alley, highway or other public place located in the Borough of Matamoras and established for the use of vehicles.
It shall be unlawful for any person to open or to make any excavation of any kind in any street in the Borough of Matamoras without first securing a permit therefor as hereinafter provided.
[Amended 4-3-1979, approved 3-6-1979]
Any person who shall desire to make any opening or excavation in any of the streets in the Borough of Matamoras shall make application to the Borough Secretary, in writing, for the purpose. Such application shall be made upon blanks 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 such other information as may be required upon said application and shall contain an agreement on the part of the applicant that the work shall be done in full compliance with the ordinances of the Borough of Matamoras and the laws of the Commonwealth in relation thereto, and that the applicant shall well and truly save, defend and keep harmless the borough from and indemnify it against 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. To better secure said agreement the applicant shall furnish the Borough of Matamoras a bond of indemnity in the sum of five thousand dollars ($5,000.) executed by an approved bonding or surety company authorized to do business in the Commonwealth of Pennsylvania.
The Borough Engineer shall promulgate rules and regulations governing the opening, excavation, refilling, resurfacing and repaving of streets in the Borough of Matamoras, and after the same have been approved by the Council of the Borough of Matamoras and entered upon the minutes of Council, such rules and regulations shall be the sole criteria for any work to be done or performed by any applicant or permittee governed by the terms of this Article. Copies of said rules and regulations shall be furnished to any person making application hereunder.
[Amended 4-3-1979, approved 3-6-1979]
Before any permit shall be issued to open or excavate any street or sidewalk or for any pole planting or pole removal,[1] the applicant shall pay to the Borough Secretary a fee in such sum as shall be set forth on a schedule of fees to be adopted from time to time by Borough Council.
[1]
Editor's Note: See also Ch. 90, Poles and Wires.
In the event that any work performed by or for a permit holder shall, in the opinion of the Borough Engineer, be unsatisfactory, and the same shall not be corrected in accordance with his instructions within the time fixed by him, or in the event that the work for which the permit was granted is not completed within the time fixed therein, the borough may proceed to correct such unsatisfactory work or complete any such work not completed and charge the cost thereof plus twenty-five percent (25%) to the applicant.
In case of any leak, explosion or other accident in any subsurface pipe, construction or apparatus, it shall be lawful for the person owning or responsible for such pipe, line, construction or apparatus to commence an excavation to remedy such condition before securing a permit, provided that application for a permit shall be made immediately and not later than the next business day thereafter and that all other provisions of this Article are fully complied with. If any such emergency condition shall not be immediately attended to by the owner or person responsible for such pipe, line, construction or apparatus, the Borough Engineer, after such notice as he shall deem necessary under the circumstances of the particular case, shall proceed to do the work necessary and required by such emergency and charge the same, on the basis of cost plus twenty-five percent (25%), to such owner or person.
The Borough Engineer shall give timely notice to all persons owning property abutting on any street within the borough about to be paved or improved and to all public utility companies operating in the borough, and all such persons and utility companies shall make all water, gas or sewer connections as well as any repairs thereto which would necessitate excavation of the said street within thirty (30) days from the giving of such notice, unless such time is extended in writing for cause shown by the Borough Engineer. New paving shall not be opened for a period of five (5) years after the completion thereof, except in case of emergency, the existence of which emergency and the necessity for the opening of such paving to be determined by the Borough Engineer. If it is sought to excavate upon or open a street within five (5) years after the completion of the paving thereof for any reason other than an emergency as above stated, the applicant shall make written application to the Borough Council and a permit for such opening shall only be issued after express approval of Council.
[Amended 9-6-1988 by Ord. No. 217]
Any person who shall violate any provisions of this Article shall, upon conviction thereof, be punishable by a fine of not more than one thousand dollars ($1,000.) and costs of such proceedings or, upon default of payment of such fines and costs, by imprisonment in the county jail for a term of not more than thirty (30) days. The continuation of such violation for each successive day shall constitute a separate offense, and the person or persons allowing or permitting the continuation of the violation may be punished as provided above for each separate offense.
The provisions of this Article shall not apply to laying sidewalks and curbs.