[Adopted 9-9-2008 by Ord. No. 9.08.2008.1]
This article is authorized pursuant to the Pennsylvania
Borough Code. The purpose of this article is to protect the public
interest by regulating the location and construction of utility facilities
and other structures in Borough rights-of-way to ensure the structural
integrity of the highway, economy of maintenance, preservation of
proper drainage and safe and correct passage of traffic.
A.
If at any time any individual, company, authority,
corporation, landowner or the like ("permittee" hereafter) finds it
necessary to disturb any portion of a Borough road, and said disturbance
is necessary to otherwise complete a permitted construction or act
within the Borough, said permittee shall be required to follow all
requirements and permitting procedures provided in Pennsylvania Code,
Title 67, Chapter 459 and by reference all applicable Pennsylvania
Department of Transportation publications, including but not limited
to:
(1)
Commonwealth of Pennsylvania Department of Transportation
Publication 408-2007; and/or its successor publication and amendments
thereto.
B.
The term "road" includes alley, street, boulevard,
way and the like.
Any violations of this article shall be punishable
by the imposition of a fine not to exceed $1,000 or improvement of
the road disturbed. Each day of violation shall be considered a separate
offense. Revocation of permittee's permit and removal from the area
may also be imposed.
In addition to any requests for a permit to
disturb Borough roads, the permittee shall be required, by this article,
to put a bond in an amount determined by the Borough to ensure sufficient
funds are available to repair said roads and to bring them up to required
specifications. Permit fees will be assessed according to the Pennsylvania
Code Fees Schedule in Title 67. Additional inspection and permit fees
shall be established by resolution, from time to time, at the discretion
of the Jersey Shore Borough.
