[Adopted 2-9-1932 by Ord. No. 676 (Ch. 117, Art. II, of
the 1977 Code)]
The Department of Highways of the Commonwealth of Pennsylvania
shall be and the said Department hereby is given the exclusive authority
to grant all permits for the opening or tearing up of any part of
the improved surface of Perrysville Avenue, or parts thereof, within
the said Borough of West View which is a continuation of the state
highway route in the Borough and for the maintenance of which the
Department of Highways is by law responsible; provided, however, that
no permit for any opening in said Perrysville Avenue shall be issued
by the Department of Highways for any distance greater than 250 feet
without the consent of the Borough of West View.
[Added 9-9-2009 by Ord. No. 1451]
A.
Any entity (permittee) receiving or holding a highway occupancy permit
to install or maintain its facilities within the rights-of-way owned
and maintained by the Borough of West View hereby agrees to the following
regulations as to the repair of a damaged structure or facility as
set forth herein.
(1)
Damaged structure or facility to be repaired. If a structure or facility
becomes damaged, the permittee shall promptly have it removed, repaired
or otherwise made safe. The permittee is responsible for repair or
restoration of the portion of the Borough highway, street or alley
damaged by a structure or facility. The permittee's obligation
to repair or restore the highway necessitated by a damaged structure
or facility under this subsection is separate from the obligations
to restore the highway and obtain a bond relating to restoration and
maintenance of the highway.
(2)
Damage to highway, street or alleyway. Responsibility of the permittee
for restoration of the highway, street or alleyway includes the following:
(a)
If there is a failure of the highway, including a slope or other
appurtenance thereto, in the area of the permitted work within two
years after the acknowledged completion of the permitted work and
there is no similar failure of the highway beyond the area of the
permitted work, the permittee has absolute responsibility to make
temporary and permanent restoration of this area unless the permittee
delivers clear and convincing evidence to the Borough demonstrating
that the highway failure was caused by another person.
(b)
In situations where the permittee has the responsibility to restore the highway, including the slope or another appurtenance thereto, under Subsection A(2)(a), the permittee has the duty to restore the improved area in accordance with the permit. If the permittee fails to restore the improved area properly, the Borough will have the authority to do the work at the expense of the permittee. The permittee shall reimburse the Borough for the costs within 30 days after receipt of the Borough's invoice.
B.
Failure of the permittee to meet the obligations of this section
shall be subject to a revocation of said permit and be ordered to
remove its facilities from the Borough right-of-way, as well as any
other remedies available to the Borough under law or in equity.
Fees for the granting of such permits may be charged by the
Department of Highways of the Commonwealth of Pennsylvania according
to the standard schedule of fees which may from time to time be adopted.
Any person, firm or corporation opening or tearing up the improved
surface of said Perrysville Avenue, or causing or allowing the same
to be done for him, them or it, without having first obtained a permit
from the Department of Highways of the Commonwealth of Pennsylvania
shall, upon summary conviction before a Magisterial District Judge,
be sentenced to pay a fine of not more than $25 and, in addition thereto,
the costs of prosecution and the surface restoration costs, and, in
default thereof, such person or persons or the executive officer of
such corporation shall undergo imprisonment for not more than five
days.
All fines and restoration charges collected for the violation
of this article shall be paid into the State Treasury as provided
by law.
