[Adopted 4-14-1981 by Ord. No. 81-2 (Ch. 80, Art. II, of the 1983 Code)]
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.
A. 
The application for a street opening permit shall describe the name of the person, partnership, firm or corporation for whom the work is to be done and shall also state the name of the person, partnership, firm or corporation by which the work is actually being done. The application for permit shall also indicate the location of said opening or excavation, shall include a plan of said opening or excavation, define the probable length, width and depth thereof, specifying a time when said opening or excavation shall begin and end, and contain all other such information as the Borough may require.
B. 
By filing an application for a street opening permit, the applicant agrees and warrants that the applicant will comply with all ordinances and laws relating to the work to be done and further promises and warrants that all repairs to the opened street shall be done in accordance with this article and specifications as directed by the Borough of Marietta.
[Amended 7-8-1986 by Ord. No. 86-5; 4-11-1995[1]]
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.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
A. 
Bonds by public utility companies. Public utility companies desiring to obtain a street opening permit shall execute and file with the Borough Secretary a bond of indemnity in the amount of $50,000 which shall cover all street opening work performed in one calendar year. Such bond shall have as surety a corporation licensed to do business as a surety within the Commonwealth of Pennsylvania. The bond shall be conditioned so as to indemnify the Borough for maintenance of all areas wherein the tunnel and/or excavation was made, the period of indemnity to be four years from the date of acceptance of the completed street opening project.
[Amended 6-12-1984 by Ord. No. 84-7]
B. 
Bond for applicants other than public utility companies. No permit shall be issued to any person, partnership, firm or corporation other than a public utility unless or until the applicant has filed with the Borough Secretary a bond for each street opening permit desired, in an amount not less than $1,000, the condition of said surety bond being to indemnify the Borough of Marietta for maintenance of the area wherein the tunnel and/or excavation was made for a period of two years from the date of acceptance of the completed street opening project by the Borough. Such bond shall have as surety a corporation licensed to do business as a surety within the Commonwealth of Pennsylvania. Where the estimated cost of an individual street opening project exceeds $1,000, then the total amount of the surety bond to be posted by said applicant shall be in an amount equal to that figure determined by using the following scale:
(1) 
Street, bituminous surface with bituminous or stone: $25 per scale yard of opening.
(2) 
Street or alley, unpaved: $5 per scale yard of 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.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[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.