This article shall be known as the "Street Opening Ordinance
of the Borough of Eddystone."
All matters concerning the construction, placing, repair or
alteration of any highway within the dedicated width of the public
highway shall be considered within the scope of this article, together
with any alleys laid out on the Official Borough Map.
No highway, street or alley shall be altered in any manner that
would violate any of the provisions hereof or any rule promulgated
hereunder.
[Amended 9-14-1970 by Ord. No. 414, approved 9-14-1970]
No street, highway or alley shall be opened between curblines
for repairs or work of any description and no highway, street or alley
shall be repaired, altered or constructed without first obtaining
a permit for the same, issued by the Borough Secretary or other Borough
officer designated by resolution of Council, upon a form prescribed
by Borough Council. Each permit shall be numbered consecutively and
a record thereof shall be submitted to the Borough auditors. All moneys
received from such permits shall be remitted to the Borough Treasurer
on or before the stated meeting after they are received. Such permits
shall be in triplicate; the original and one copy shall be given to
the applicant, and the triplicate shall be retained permanently in
the receipt book.
No permit shall be issued under this article without first receiving
written application upon a form prescribed by Borough Council, together
with all prescribed fees and costs, except in the case of emergency
openings for repair of existing facilities, which may be made upon
verbal application to the Police Department followed promptly by written
application and payment of fees and costs as provided in this article.
Any permit issued under the terms hereof shall be valid for
a period of 30 days from the date of issue. If work is not commenced
within 30 days and diligently pursued until completion, such permit
shall, at the expiration of said 30 days, become null and void without
any refund being made therefor. Thereafter, a new permit shall be
required in the event that it is desired to proceed with the work
contemplated in the voided permit. Such new permit shall be issued
upon payment of an additional permit fee, but credit will be allowed
for previous payment of such other charges paid at the time of issuance
of the voided permit.
Openings in the roadways and alleys shall be replaced in accordance
with the specifications furnished or approved by the Borough Engineer.
Openings in the roadways of state highways shall require permits
from and be subject to regulations and requirements of the State Highway
Department.
The Highway Committee or Borough officer issuing the permit
shall determine in each case whether the permanent repairing and resurfacing
shall be done by the applicant or whether it shall be done by the
Borough.
In all cases, the estimated cost of all work necessary for repairing
and resurfacing any roadway or alley opening, together with the estimated
cost of necessary subsequent repairs, shall be paid in cash or secured
by bond, as the Highway Committee or Borough officer issuing the permit
may determine in each case, prior to granting said permit to make
an opening in any roadway.
[Amended 9-14-1970 by Ord. No. 414, approved 9-14-1970]
A. Where openings are made in roadways or alleys and the restoration
of permanent paving is to be made by the Borough, the applicant shall
pay with the application for permit, in addition to all other fees
and charges, the sum of $50 per square yard or fraction thereof of
surface opening in paved roads and $20 per square yard or fraction
thereof of surface opening in unpaved roadways as the estimated cost
to the Borough for restoring and necessary subsequent repairing of
permanent paving and surfacing. Areas of roadway openings shall be
computed on the basis of the longest dimension plus one foot and the
shortest dimension plus one foot.
[Amended 4-11-1977 by Ord. No. 448, approved 4-11-1977; 5-9-1983 by Ord. No.
482, approved 5-9-1983]
B. Tunneling or undercutting is hereby prohibited unless permission
is first obtained from the Chairman of the Highway Committee or other
designated Borough officials, and charges will be made on the basis
of the equivalent area of surface opening required to avoid trenching.
[Amended 2-17-1975 by Ord. No. 438; 1-9-1989 by Ord. No. 524, approved 1-9-1989]
Any person who shall be convicted of a violation of any of the
provisions of this article before any District Justice shall be sentenced
to pay a fine of not more than $1,000 and costs of prosecution and,
in default thereof, to imprisonment in the county jail for a term
not to exceed 30 days.