It shall be unlawful for any person to open, dig up or excavate any
street or any part thereof, whether improved or unimproved, for the laying,
replacing or repairing of mains, laterals or connections relating to water,
gas, sanitary sewers, storm drains, electric or telephone installations or
for any other purpose whatsoever, unless he first obtains a permit therefor.
The permit shall be in writing and signed by the Borough Clerk or his
representative and shall state as nearly as practicable where the opening,
digging up or excavating is to be done. The permit shall contain the further
stipulation that it is issued with the express understanding and agreement
that the applicant therefor shall pay the expense of repairing and replacing
such street or part thereof so opened, dug up or excavated to the satisfaction
of the Borough Engineer.
The applicant shall, upon receiving the permit, in order to secure the
borough, deposit with the Borough Clerk a sum to be determined by the Borough
Engineer, based on the area of the excavation and the prevailing cost of replacement,
for each excavation. The Clerk shall forward the deposit to the Borough Treasurer,
who shall use it to defray the expense of the borough in completing the work
of repairing or replacing the street or road or part thereof, if the permittee
has not completed it to the satisfaction of the Engineer. In lieu of the deposit,
the applicant may, at the borough's option, give bond to the borough
in the sum of $5,000, with surety or sureties as the Borough Council shall
approve, conditioned for the payment from time to time of the expenses of
repairing or replacing any and all such streets or roads or parts thereof
so torn up or excavated upon permits issued therefor.
The deposit or any surplus remaining after the completion of such work
shall be returned to the applicant within 90 days, upon written authorization
of the Chairman of the Public Works Committee of the Borough Council. If any
additional sum is required, it shall be paid by the applicant upon receiving
written notice to that effect from the Borough Engineer.
Whenever any person shall have authority under any contract with the
borough or any officer thereof or under any permit to tear up or excavate
any street or road or part thereof so as to obstruct it or to prevent it from
being used freely for the time being for the purpose of travel, he shall place
or cause to be placed in conspicuous position where such work is being done
sufficient warning lights to apprise the public of the presence and extent
of such tearing up or excavation. The lights shall be kept burning from one-half
(1/2) hour before sunset to one-half (1/2) hour after sunrise until the work
is completed.
