[Adopted 12-19-1983 by Ord. No. 1983-8; amended in its entirety 1-26-1998 by Ord. No. 1998-1 (Ch. 21, Part 1, of the 1983 Code of Ordinances)]
It shall be unlawful for a person to make an excavation or opening in any street in the Borough without first having obtained a permit from the Borough. The permit shall be issued by the Borough office upon payment of a fee set by Council resolution, which shall be for the use of the Borough to cover or cover in part the costs of issuing the permit and of the supervision and inspections under this article. In addition, the permit holder shall be responsible for the restoration of the streets in accordance with the specifications provided by the Borough, as required by § 191-3.
A. 
Every permit issued under this article shall state, as conditions of the permit:
(1) 
The purpose for which the opening or excavation is authorized;
(2) 
The location and approximate surface area of the opening;
(3) 
The dates when the work under the permits is to be commenced and to be completed; and
(4) 
The number of days for which the permit shall be valid.
B. 
It shall be the duty of the permit holder to do all work under this article in conformity with all these conditions, and a failure to comply with any of the conditions shall constitute a violation of this article.
It shall be the duty of the holder of every permit issued under this article:
A. 
At all times to take every necessary and reasonable safety precaution, including the installation and maintenance of guards, barriers, and warning signs, and, during hours of darkness and restricted visibility, warning lights or flares.
B. 
To backfill the excavation under the direction of the person designated by Council for the purpose, with materials prescribed by him, and compacted into layers as directed by him, and then under the direction of that designated person, to resurface the portion of the street disturbed by the excavation with the same material that was at the location before the excavation, as prescribed by Council.
C. 
Before the date of expiration of the permit, to remove all tools, equipment, debris and other material and articles used in connection with or accumulating by reason of the opening or excavation and the work pertaining to the excavation.
D. 
To save the Borough harmless from and indemnify it against all actions, suits, demands, payments, costs and charges for or by reason of the opening or excavation, and all damages to persons or property resulting in any manner from the opening or excavation, or occurring in the prosecution of the work connected with it or from any other matter, cause or thing relating to it at any time when the permit is in effect and for a period of one year after the date of expiration of the permit, provided a permit holder who occupies a street under a franchise previously granted by the Borough shall also be responsible for adhering to any conditions contained in that franchise pertaining to the subject matter of this article or to making, guarding or refilling openings or excavations in streets or restoring the surface of the street afterward.
Before constructing any public or private driveway, a separate driveway permit shall be obtained from the permit officer. Any person, firm or corporation desiring to establish or construct an entrance onto a public road of the Borough shall file with the permit officer of New Freedom Borough a written application for the establishment thereof. Such application shall show the overall size, shape and location as it is intended to be situated on the property. Specific technical installation standards shall be in accordance with all New Freedom ordinances, including but not limited to the New Freedom Borough Zoning Ordinance. Furthermore, sight distance and visibility shall be in accordance with any and all New Freedom Borough ordinances, including but not limited to the New Freedom Borough Subdivision and Land Development Ordinance.
A. 
Plan. The application shall include a plan which shows existing surface drainage, the material with which the public road is presently surfaced and the material with which the proposed driveway or entrance is to be surfaced.
B. 
Fee. The fee for a driveway permit shall be set by resolution of the New Freedom Borough Council.
The Borough shall require the applicant to execute an agreement or provide security, or both, as a prerequisite to issuance of a permit. If security is required, it shall be delivered to the Borough in a form and amount acceptable to the Borough and shall guarantee restoration and maintenance of the highway and street for a period of at least two years after the acknowledged completion of the permitted work. If the security is executed by a company registered and authorized to do business in this Commonwealth, the following documents are acceptable forms of security:
A. 
An individual or blanket bond, in a form satisfactory to the Borough Solicitor, executed by the applicant and naming the Borough as obligee;
B. 
An irrevocable letter of credit, in a form satisfactory to the Borough Solicitor, signed by a bank officer naming the Borough as sole beneficiary, to be honored on presentment; and
C. 
An escrow account in a form acceptable to the Borough Solicitor.
D. 
Cash deposit.
If any work required under a permit issued under this article shall not be completed within the time required by the permit, or shall not be completed and maintained as required by the permit holder, Council, or the person designated for the purpose by Council, shall have authority to have the work completed or rectified, as the case may be, by Borough personnel or by any person or firm engaged by Council for the purpose. The cost of the work, with an additional charge of 10%, shall be charged to and collected from the permit holder. The deposit or surety bond filed with the Borough under § 191-5 shall be used as a source for the money due from the permit holder under this section, and if the deposit or bond is not sufficient, the amount remaining due shall be collected from the permit holder by the Borough. No subsequent permit shall be issued to any person who owes any amount to the Borough under this section.
In case of any emergency resulting from the breaking of any pipe or main, an explosion or other unforeseen occurrence, the person responsible for the maintenance of the pipe, main or other facility involved in the emergency may proceed with the opening or excavation of the street as necessary to remedy the condition and to make necessary repairs, without first having applied for and obtained the permit required under this article, but within 72 hours after the occurrence of the emergency he shall apply for and obtain a proper permit, following the same procedures and adhering to all other requirements that would have applied had he applied for and obtained the permit in advance.
Any person, firm or corporation who shall violate any provision of this article shall, upon conviction thereof, be sentenced to pay a fine of not more than $600 and/or to imprisonment for a term not to exceed 90 days.