[Amended 12-8-1975 by Ord. No. 521; 10-13-1992 by Ord. No. 698; 4-14-1998 by Ord. No. 739; 5-12-1998 by Ord. No. 741; 7-13-2021 by Ord. No. 847]
A.
From the effective date of this article, any person, persons, firm or corporation desiring to dig into, tunnel under, excavate, disturb or occupy, either through a physical presence on or above the same, to include aerial installation of utility and other services, any part of a Borough street, road, alley or lane or right-of-way shall, prior to commencing such work, obtain a permit from the Borough to perform such work.
[Amended 5-14-2024 by Ord. No. 857]
B.
Upon submission of a completed application, on forms provided by the Borough, depicting the type and extent of proposed work, approximate length of time for completion, anticipated start and finish dates, proposed traffic control to be utilized and any other necessary information, the Borough or its assigned agent shall review said application for compliance with the regulations and specifications as set forth herein. The application shall be accompanied with the appropriate application fee as hereinafter prescribed.
C.
The Borough or its assigned agent shall review the application and supporting material for compliance with this article. Upon finding that all requirements and specifications are met, the Borough shall issue the permit within 30 days from the date of the application. The issuance of any permit may be withheld, except in cases of immediate necessary emergency repairs, wherein the event of adverse weather conditions, the proximity of other work in the area or for any other reason it is determined that an undue condition affecting the safety of the general public or other existing utility or appurtenance would be created.
D.
Any street opening/occupancy permit shall be valid during the time indicated on the issued permit. In the event that the actual work, for any reason, shall exceed the time limit or the ending date, as indicated on the permit, the applicant shall contact the Borough for an appropriate extension of time for the work to be completed. The Borough shall have sole discretion in determining if an extension of time is warranted. Repeated extensions of time shall not be issued unless reasonable justification is shown. Failure to complete the proposed work within the time shown on the permit or without seeking a required extension to said permit shall constitute a violation of this article.
E.
At the time of permit issuance, the applicant shall pay to the Borough of Westmont the appropriate fee(s) as set forth herein. Any permit shall not become valid until proper payment of the fee(s) is made.
F.
The minimum fees for the application for and issuance of any required permit shall be as set from time to time by resolution of the Borough Council and kept on file at the Borough office. If the proposed work, as shown on the application and subsequent permit, shall be exceeded, the appropriate additional fees shall be paid to the Borough within 30 days from the date of completion of the work.
G.
The individual or entity which applied for and received the permit shall be responsible for any additional fees or penalties. In no case shall any permit grantee delay payment to the Borough by passing on fees to any subcontractor or third party who actually performed the work.
H.
The final quantities used to determine additional fee shall be determined by measurements made by the Borough's Inspector or other assigned agent(s).
I.
Before any such permit is issued, the applicant shall enter into a bond with sufficient surety to the Borough of Westmont conditional for the payment of the costs and expenses of putting any disturbed part of such street or public highway in the Borough in the condition as set forth herein. For openings in excess of 10 feet, the amount of such bond shall be as set forth from time to time by resolution of the Borough Council and kept on file at the Borough office.