[Adopted 12-31-1975 as § 11-3
of the 1975 Code]
No person shall hereafter improve by paving,
construction of sidewalks, gutters, curbs or sanitary sewers in or
on any street, road, public way or highway of the Borough without
permission first obtained by the Borough Council.
A.
To obtain permission to make any improvement, the
person shall file with the Borough Council a statement showing the
improvement desired to be made, the real estate owned by them or each
of them and affected by the improvement and the proportion of the
cost of the improvement which it or they each shall bear.
B.
The petition shall be verified by the oath of each
of the petitioners therein. The petition shall be accompanied by a
copy of the plans and specifications of the proposed improvement showing
profiles, grades and cross sections. Thereafter, the Borough Council
may, in its discretion, cause the Borough Engineer to examine the
plans and specifications and prepare an estimate of the cost of the
improvement. Upon the return of the estimate by the Borough Engineer
and upon the furnishing of proper bond with sufficient security to
the Borough in double the amount of the cost of the improvement as
so estimated by the Borough Engineer, conditioned upon the prompt
completion of the improvement and the payment of the cost thereof
and all expenses incidental thereto and charged or imposed thereon,
the Borough Council may grant permission to the petitioners to make
the improvement.
In the event of the failure of the petitioners
after permission is granted to make or to complete the improvement,
nothing herein contained and nothing in any contract which may be
entered into between the petitioners and the Borough by virtue of
the terms hereof shall operate to prevent the Borough from making
the improvement or completing the same and assessing the cost against
the property benefited.
A.
All improvements made under permission of the Borough
Council as herein outlined shall be done subject to and under the
supervision of the Borough Engineer. The Borough Engineer shall render
monthly reports of the progress of the work to the Borough Council.
B.
Upon the completion of the improvement and the certification
by the Borough Engineer to the Borough Council that the work is fully
and satisfactorily completed, and upon the presentation by the petitioners
of due and proper evidence that all debts, costs and charges incurred
in the making of the improvement, including the cost of inspection,
engineering and supervision, have been paid by petitioners, the Borough
shall by resolution accept the improvement.
A.
Sidewalks and curbs must be left open at all times
and suitable planks must be provided for the safe traveling of pedestrians
at all times. The person employed in making the opening or trench
shall assume all liability and be the responsible parties in all matters
pertaining to lawsuit, damages or other costs in any way whatsoever
for failure to erect suitable barriers, warning signs and lanterns
to safeguard the traveling public.
B.
There shall at all times be a carriage way of at least
18 feet between the materials stored.
C.
If the excavation extends 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 interfere with traffic.
The excavation and backfilling of the same shall be made within the
time specified in the permit.
D.
The Borough Clerk may and is hereby authorized to
grant permission on request to carpenters, masons, builders, contractors
and material men to use 1/3 of the street in front of any premises
upon which it is intended to construct, alter or repair any building
or storing building materials and implements for a period not exceeding
90 days upon payment of the fee hereinafter specified and upon the
conditions that the applicant will remove all surplus material and
refuse from the street when the work is completed and will not obstruct
the free flow of water in the street, and will guard the obstruction
with lights and otherwise at night. The Borough Clerk may also grant
permission for a period not exceeding 10 days to any firm for the
purpose of making gas, water or sewer connections with any house or
building on payment of the fee and subject to the restrictions and
conditions above set forth.
[Added 12-16-1996 by Ord. No. 1172]
For a violation of any provision of this chapter,
the maximum penalty, upon conviction thereof, shall be a fine not
exceeding $1,000, or imprisonment for up to 90 days, or a period of
community service not exceeding 90 days, or any combination thereof.
