[Ord. 918, 6/19/2002; as amended by Ord. No. 1098, 3/23/2022]
1.
It shall
be unlawful for any person to make any tunnel, opening, cut, break
or excavation of any kind in or under the surface of any street without
first securing a permit from, the Borough for each separate undertaking;
provided, however, any person maintaining pipes, lines or other underground
facilities in or under the surface of any street may proceed with
an opening without a permit when emergency circumstances demand the
work to be done immediately; provided, the permit could not reasonably
and practically have been obtained beforehand. The person shall thereafter
apply for a permit on the first regular business day on which the
office of the Borough Manager is open for business and said permit
shall be retroactive to the date when the work was begun.
2.
Any person
who receives a permit in accordance with this section, or any person
who otherwise makes any tunnel, opening. cut, break or excavation
of any kind in. on, or under the surface of any street shall be required
to comply with § 21 222, Permit Holder's Responsibilities,
including the paved surface restoration requirements contained therein.
[Ord. 918, 6/19/2002]
No person to whom a permit has been granted shall perform any
of the work authorized by such permit in any amount or quantity greater
than that specified in the permit, except that upon approval by the
Borough Manager additional work may be done under the provisions of
the permit in any amount not greater than 10% of the amount specified
in the permit. Any deposit and bond posted in connection with the
original permit shall be deemed to cover any such additional work
as may be approved pursuant to this section within the limits mentioned
herein.
[Ord. 918, 6/19/2002]
Work for which a permit has been issued shall commence within
10 days after the issuance of such permit. If not so commenced, the
permit shall be automatically terminated.
[Ord. 918, 6/19/2002]
Permits are not transferable from one person to another and
the work shall not be made in any place other than the location specifically
designated in the permit.
[Ord. 918, 6/19/2002]
Every permit shall expire at the end of the period of time which
shall be set out in the permit. If the permittee shall be unable to
complete the work within the specified time, he shall prior to expiration
of the permit present in writing to the Borough Manager a request
for an extension of time, setting forth therein the reasons for the
requested extension. If, in the opinion of the Borough Manager such
an extension is necessary and not contrary to the public interest,
the permittee may be granted additional time for the completion of
the work.
[Ord. 918, 6/19/2002]
The provisions of this Part shall not be applicable in those
instances where the highway is maintained by the Commonwealth of Pennsylvania
or by the County of Allegheny.
[Ord. 918, 6/19/2002]
Every permit shall be granted subject to the right of the Borough,
or of any other person entitled thereto, to use the street for any
purpose for which such street may lawfully be used, not inconsistent
with the permit.
[Ord. 918, 6/19/2002]
1.
Any permit maybe revoked by the Borough Manager after notice to the
permittee for:
A.
Violation of any condition of the permit or of any provision of this
Part.
B.
Violation of any provision of any other applicable ordinance or law
relating to the work.
C.
The existence of any condition or the doing of any act constituting
or creating a nuisance or endangering the lives or properties of others.
A permittee may be granted a period of three days from the day of
the notice to correct the violation and to proceed with the diligent
prosecution of the work authorized by the permit before said permit
is revoked. Written notice of any such violation or condition shall
be served upon the permittee or his agent engaged in the work. The
notice shall contain a brief statement of the grounds relied upon
for revoking the permit. Notice may be given either by personal delivery
thereof to the person to be notified or by certified or registered
United States mail addressed to the person to be notified.
2.
When any permit has been revoked and the work authorized by the permit
has not been completed, the Borough Manager shall undertake such work
as may be necessary to restore the street or part thereof to as good
a condition as before the opening was made. All expenses incurred
by the Borough shall be recovered from the deposit or bond the permittee
has made or filed with the Borough.
[Ord. 918, 6/19/2002]
Where a person proceeds with a street opening without a permit under emergency circumstances pursuant to § 21-211 above, that person shall notify the Borough Police Department, Fire Department and Borough Manager as soon as possible of the nature of the emergency and street opening, the expected duration of the emergency and all circumstances related thereto.
