It shall be unlawful for any person to open,
cut or make any excavation in any street in the Borough without first
securing a permit as provided in this article; provided, nothing in
this article shall apply to:
A. Any state highway or continuation of a state highway;
C. The planting or emplacement of utility poles.
Before any permit shall be issued to open, cut
or excavate any street in the Borough, the applicant shall pay to
the Building Inspector, for the use of the Borough, a permit fee in
an amount as shall be set by resolution of the Borough Council from
time to time, and a fee for the Borough Engineer, to cover the cost
of inspection and other incidental services in connection therewith.
All other work in connection with opening, cuts
or excavations in any street, including excavation, protection, refilling
and temporary paving shall be done by the permit holder at his expense,
and all such work shall be subject to the provisions of this article,
and to the supervision and approval of the Borough Engineer; provided,
the engineer may require that the cutting of the surface of improved
streets and the backfilling of excavations be done by the Borough,
in which case, the charge for that work shall be paid by the permit
holder on the basis of the actual cost plus 20%.
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 that pipe,
line, construction or apparatus, to commence an excavation to remedy
that 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 article
are fully complied with; and if any such emergency condition shall
not be immediately attended to by the owner or person responsible
for that pipe, line, construction or apparatus, the Borough Engineer,
after such notice as he shall deem necessary under the circumstances,
shall proceed to do the work necessary and required by the emergency,
and charge the same on the basis of cost plus 20% to such owner or
person.
No new utilities shall hereafter be laid or
constructed, and no utilities shall be extended in any streets of
the Borough until the exact location thereof, and the plan therefor
shall have been first approved by the Borough Engineer.
Payment for all work done by the Borough under
the provisions of this article shall be made liable for the payment
under the provisions of this article within 30 days after a bill for
the work is delivered to that person by the Borough, and upon the
failure to pay those charges within that time, the charges 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 any provision of this article, shall, upon conviction before
a Magisterial District Judge, be sentenced to pay a fine of not less
than $10 or more than $100 and costs of prosecution, and, in default
of payment of fine and costs of prosecution, to imprisonment for not
more than 30 days.