In the event of a sudden and emergent break
of any water, sewer, gas, oil or other underground line or facilities
which endangers the life, health or safety of the public or where
immediate repair is imperative to prevent loss or damage to streets
or property or discontinuance of service, it shall not be necessary
to obtain a permit before commencing such repair or before opening
the surface of the street. The making of any such opening or excavation
shall be reported to the Police Department and to the Borough Clerk
within 24 hours thereafter, and an application for a permit therefor
shall be made within 48 hours thereafter.
A permit as described herein shall be required
for any tunneling under the surface of any street for any purpose
whatsoever, regardless of whether or not it involves an opening in
the surface of the street. Any such tunneling shall not be commenced
or undertaken until the Borough Engineer has recommended in writing
to the Superintendent of Public Works that it be permitted, and such
shall be accomplished only under the supervision of the Borough Engineer,
whose services shall be paid for by the applicant.
Where the excavation is to extend the full width
of the road, only 1/2 of it shall be made at one time and shall be
backfilled before the other half is excavated so as not to interrupt
traffic. The excavation and backfilling shall be made within seven
days.
The permittee shall be under a duty to properly
guard the excavation and stored materials and equipment by the erection
of suitable barriers by day and approved-type lights or flares by
night. He shall be liable for any neglect to safeguard the traveling
public.
The Superintendent of the Department of Public
Works or such other officer as the Mayor and Council may designate
shall:
A. Ascertain whether the permits required by this article
have been issued.
B. Supervise all excavations and back filling.
C. Report all violations of this article to the Police
Department.
The Police Department and/or the designated
Code Enforcement Officer of the Borough of Oaklyn shall enforce the
regulations covering storage of materials, erection of suitable barriers,
warning signs and lights or flares and all other provisions of this
article, so as to safeguard the traveling public.
Except as otherwise provided, any owner, occupier, and/or contractor performing work within the Borough of Oaklyn who violates, refuses to comply or neglects to comply with any provision of this article or any rule, regulation or directive promulgated pursuant thereto shall be liable for penalties as provided in Chapter
1, Article
I, §
1-14 of the Code of the Borough of Oaklyn. The continuation of such violation for each successive day shall constitute a separate offense, and the owner, occupier, and/or contractor performing work within the Borough of Oaklyn allowing or permitting the continuation of the violation may be punished as provided above for each separate offense.