A. 
The following words, used in this chapter, shall have the meanings ascribed to them in this section, except in those instances where the context clearly indicates otherwise:
OWNER
Any person who, alone or jointly or severally with others, shall have a legal title to any lot, with or without accompanying actual possession thereof; or shall have charge, care or control of any lot as an executor, administrator, trustee or guardian of the estate of the owner.
PERSON
Includes any natural person, partnership, firm, association or corporation.
SIDEWALK
An improved walkway along the side of the street intended for use by pedestrians.
SNOW
Precipitation depositing any accumulation on the streets and sidewalks, such as snow, sleet, hail, ice, and freezing rain.
STREET
Any public street, avenue, road, square, lane, alley, highway or other public place located in the Borough of Lititz and established for the use of vehicles.
B. 
In this chapter, the singular shall include the plural, and the masculine shall include the feminine and neuter.
It shall be unlawful for any person to open or to make any excavation of any kind in any of the streets in the Borough of Lititz without first securing a permit therefor, as hereinafter provided.
Any person who shall desire to make any opening or excavation in any of the streets in the Borough of Lititz shall make application to the Code Enforcement Officer in writing for that purpose. Such application shall be made upon blanks to be furnished by the Borough and shall set forth the name of the applicant, the exact location of the proposed opening or excavation and the approximate size or depth thereof and shall contain an agreement on the part of the applicant that the work shall be done in full compliance with the ordinances of the Borough and the laws of the commonwealth in relation thereto and that the applicant shall well and truly save, defend and keep harmless the Borough from and indemnify it against any and all actions, suits, demands, payments, costs and charges for or by reason of the proposed opening or excavation, and all damages to persons or property resulting in any manner therefrom or occurring in the prosecution of the work connected therewith or from any other matter, cause or thing relating thereto.
A. 
Before any permit shall be issued to open or excavate any public street, lane or alley within the Borough, the applicant shall pay to the Borough Secretary a permit fee in the amount as provided in Chapter 55, Fees, plus a charge based upon one of the schedules, as applicable, in Chapter 55, Fees.
B. 
No permit shall be issued for more than one opening or an opening larger in area than that required for the work which is to be performed under the permit.
A. 
It shall be the duty of every person to whom a permit is issued or by whom any opening or excavation is made as aforesaid to provide and maintain proper and adequate guards, barriers and lights to prevent accidents, and such person shall assume all risks and be liable for all damages by reason of such opening or excavation and by reason of any failure to properly fill the hole or trench in accordance with the terms of this chapter.
B. 
After first notifying the Public Works Forman or their designee, all trenches and openings dug in pursuance of a permit granted under this chapter shall be backfilled immediately upon completion of the work for which such opening was made by the person securing the permit. The dirt shall be thoroughly compacted in the excavation at six-inch intervals and filled and compacted to the level of the rest of the street. All surplus dirt and other material shall be immediately removed.
The permanent resurfacing and repaving of street surface openings, made by and under a permit as provided for in this chapter and after said opening has been properly filled in accordance with the terms of this chapter by the person securing the permit, shall be undertaken by the permitee; provided, further, that the temporary resurfacing and refilling of the opening shall be maintained by the permittee until the permittee shall have permanently resurfaced said opening, which period shall extend up to one year after the temporary filling of the opening. The Borough may require additional maintenance by permittee. The permittee shall remain liable and assume all liability during this period in accordance with § 105-5.
A. 
No opening or excavation in any street shall extend from the curbline into the highway a distance greater than one foot beyond the centerline of the street before refilling, and the surface of the highway shall be restored to a condition safe and convenient for travel.
B. 
No more than 25 feet longitudinally shall be opened in any street at any one time.
C. 
The work of excavation shall be so conducted as not to interfere with the water mains, sewers or their connections with the houses, or any other subsurface lines or constructions, until permission of the proper authorities in connection with such subsurface lines or construction shall have been obtained.
D. 
No tunneling shall be allowed without the express approval of the Borough Engineer and permission therefor endorsed upon the permit. The backfilling of a tunnel excavation shall be made only in the presence of the Borough Engineer or an inspector designated by him and shall be done only in a method approved by him.
In the case of any leak, explosion or other accident in any subsurface pipe, line, construction or apparatus, it shall be lawful for the person owning or responsible for such pipe, line, construction or apparatus to commence an excavation to remedy such condition before securing a permit, provided that application for a permit shall be made immediately and not later than the next business day thereafter and that all other provisions of this chapter are fully complied with. If any such emergency condition shall not be immediately attended to by the owner or person responsible for such pipe, line, construction or apparatus, the Public Works Forman or their designee, after such notice as he or she shall deem necessary under the circumstances of the particular case, shall proceed to do the work necessary and required by such emergency and charge same on the basis of cost plus 20% to such owner or person.
The Borough shall give timely notice to all persons owning property abutting on any street within the Borough about to be paved or improved and to all public utility companies operating in the Borough, and all such persons and utility companies shall make all water, gas or sewer connections, as well as any repairs thereto which would necessitate excavation of the said street, within 30 days from the giving of such notice, unless such time is extended, in writing, for cause shown, by the Borough Manager. New paving shall not be opened for a period of five years after the completion thereof, except in the case of an emergency which endangers life or property and requires the opening of such paving. If it is sought to excavate upon or open a street within five years after the completion of the paving thereof for any other reason than an emergency as above stated, the applicant shall make written application to the Borough Council, and a permit for such opening shall only be issued after express approval of Council.
No new water, sewer or gas main shall hereafter be laid or constructed, and no existing water, sewer or gas main shall be extended, in any of the streets of the Borough until the exact location thereof and the plan therefor shall have been first approved by the Borough Council or the Borough Secretary.
Payment for all work done by the Borough under the provisions in § 105-8 hereof shall be made by the person made liable therefor under the provisions hereof within 30 days after a bill therefor is sent to such person by the Borough. Upon failure to pay such charges within such time, same shall be collectible by the Borough in the manner provided by law for the collection of municipal claims.
Any person, whether as principal, agent or employee, violating or assisting in the violation of any of the provisions of this article shall, upon conviction thereof before the Mayor or before any District Justice of the Borough, pay a fine not to exceed the maximum fine of $300, plus costs of prosecution, and in default of payment of such costs and prosecution, be imprisoned for a term not exceeding 30 days; provided, however, that if the District Justice determines that the defendant is without the financial means to pay the fines and costs immediately or in a single remittance, such defendant shall be permitted to pay the fines or costs in installments and over such periods of time as the District Justice deems to be just.
The provisions of this article shall not apply to laying sidewalks or curbs or to the planting of poles.