It shall be unlawful for any person, partnership,
firm or corporation to tunnel under or to make any opening or excavation
in any street, alley, sidewalk or public highway of any kind, or to
construct or install sewer, water, gas or other utility lines or any
structure in the streets of or within any public right-of-way of the
Borough of Marietta, unless and until a permit therefor has been secured
from the Borough Secretary for each separate undertaking, the aforesaid
permit and the application therefor to be in the form prescribed by
the Borough and for the purposes stated therein.
Any person working in the vicinity of a Borough
street, alley, highway or other type of public passage who in any
manner disturbs such street, alley, highway or other type of public
passage or in any manner causes damage thereto shall be required to
obtain a permit and correct the damage in accordance with the specifications
established by the Borough of Marietta.
[Amended 7-8-1986 by Ord. No. 86-5; 4-11-1995]
Whenever a street or paved alley in the Borough
of Marietta is opened, for purposes of excavation or otherwise therein,
related to installation, replacement repair or maintenance of utility
lines, or for other purposes, the entity requesting the street opening,
and which has applied for a permit related thereto, shall pay the
fees as established by resolution of the Borough Council in connection
with said permit and street opening.
No permit granted under this article shall be
operative for more than two weeks from the date of its issue. However,
the permit may be renewed by the Borough Secretary upon payment by
the applicant of a renewal fee as established by resolution of the
Borough Council.
[Amended 7-8-1986 by Ord. No. 86-5]
A. It shall be the responsibility of the person, partnership,
firm or corporation to whom the permit is issued to backfill and pave
the street opening, which restoration shall be in conformity with
the following specifications:
(1) Backfill shall be with No. 2A aggregate tamped in
six-inch layers.
(2) A one-and-one-half-inch 1.D.-2 binder course shall
be applied.
(3) A one-inch 1.D.-2 or FJ-1 wearing course shall be
applied.
(4) A twelve-inch wide bituminous seal shall be utilized.
B. The aforesaid and such further specifications, including
specifications related to saw cuts and trench widths, as are set forth
in detail in a drawing prepared by the Borough Engineer, shall be
followed by each applicant. The drawing shall be available to all
applicants at the Borough office.
C. It shall be the further responsibility of the person,
partnership, firm or corporation to whom the permit is issued to notify
the Borough of Marietta when the street opening project is completed,
for the purpose of obtaining an inspection by the Borough of Marietta
and receiving an acceptance from the Borough of the completed street
opening project.
The person, partnership, firm or corporation
to whom the street opening permit is issued shall guarantee and maintain
its work for 48 months from the completion of said street opening
project and its acceptance by the Borough of Marietta. Within this
forty-eight-month period, upon notification from the Borough of necessary
correction work required, the permittee shall correct or cause to
be corrected all restoration work as required within five calendar
days of receipt of notification from the Borough. The extent of restoration
required shall be as directed by the Borough. If said correction of
restoration work is not made within the time period stated, said work
may be performed by the Borough of Marietta, the cost of said work
as performed by the Borough to be billed to and paid by the person,
partnership, firm or corporation to whom the permit was issued. If
said invoice for services is not paid within 30 days of its date,
the Borough may proceed against the surety bond posted by the applicant.
[Amended 9-12-2017 by Ord. No. 2017-04]
Any person who violates or permits a violation
of this article shall, upon conviction in a summary proceeding under
the Pennsylvania Rules of Criminal Procedure, be guilty of a summary
offense and shall be punishable by a fine of not more than $1,000,
plus court costs and reasonable attorneys’ fees incurred by
the Borough in the enforcement proceedings. Upon judgment against
any person by summary conviction, or by proceedings by summons on
default of the payment of the fine or penalty imposed and the costs,
the defendant may be sentenced and committed to the county correctional
facility for a period not exceeding 30 days. Each day that such violation
exists shall constitute a separate offense, and each section of this
article that is violated shall also constitute a separate offense.
In addition to or in lieu of enforcement under this section, the Borough
may enforce this article in equity in the Court of Common Pleas of
Lancaster County.