[Adopted 12-18-1972 by Ord. No. 72-24]
No person shall open the street surface or excavate in a street in the Borough for the purpose of installing or extending a public sanitary sewer and for the purpose of connecting such sewer with the present sewers, except by receiving permission from the Mayor and Council and meeting the standards and procedures as set forth in this article.
Application for the construction of a sanitary sewer shall be made to the Borough Council, and the applicant shall forward all plans and specifications to the Borough Engineer and receive his or her approval before any phase of the construction work is started.
All costs and expenses whatsoever for the construction and final completion of the sanitary sewer shall be borne by the applicant.
The applicant shall furnish a bond in favor of the Borough of a good and solvent bonding company licensed to do business in the state as surety in the amount of all costs and expenses necessary to finally complete construction of the sewer, which bond shall be conditioned on payment to the Borough of all moneys representing damages which may be sustained by the Borough and for all sums received to complete the installation of the sewer upon the failure of the applicant and his or her contractors to faithfully and fully comply with the terms and specifications and to promptly complete the construction of the sewer and on further condition that the liability under such bond shall not be terminated until a certificate of approval has been obtained from the Borough Engineer to the effect that the sanitary sewers have been completely constructed in accordance with the plans and specifications, which bond shall be furnished prior to the commencement of the work and which such bond shall first be approved by the Mayor and Council of the Borough.
[Amended 9-15-1997 by Ord. No. 97-20]
The applicant shall furnish in favor of the Borough a policy of insurance of a good and solvent insurance company licensed to do business in the state and approved by the Mayor and Council of the Borough in the amount of $500,000 insuring the Borough, its agents, servants and employees against any claim or damages which may arise out of any liability whatsoever, arising therefrom.
The applicant shall furnish the Borough with proof of worker's compensation insurance covering all persons engaged in the construction of the sanitary sewer, including all agents, servants and employees of the Borough.
The sanitary sewer shall be a public sewer with no restrictions on its use by any person, firm or corporation.
In order to facilitate the connecting to the sewer by other property owners, all Y-branches are to be installed in the sewer as directed by the Borough Engineer.
All lines, grades and engineering supervision shall be furnished at the expense of the applicant.
All work and operations in connection with the construction of the sewer shall be fully completed within ninety days from the date permission is granted, provided that a further extension of time may be granted by the Mayor and Council of the Borough, provided that all obligations herein of the applicant, in the construction of such sewers, have been satisfactorily performed to the satisfaction of the Mayor and Council of the Borough.
In the event actual construction of the sanitary sewer is not started within 60 days from the date of the granting of permission, or within the extension of time granted by the Borough Council, then such construction shall be deemed abandoned, and the permission hereby granted shall be considered revoked. Any deposit made or performance bond furnished shall be returned.
The sanitary sewer requirements of the Borough are to be strictly adhered to, and if there is noncompliance therewith, upon written notice of the Borough Engineer, all work in connection with the construction of the sewer shall immediately cease and terminate pending action of the Mayor and Council of the Borough, its agents, servants and employees, which may arise by reason of such termination.
Permission granted hereunder shall not become operative until the applicant shall accept in writing the terms and conditions set forth in the resolution granting permission.
Any person constructing a sanitary sewer in the Borough in violation of this article shall be subject to the fine and penalties as provided for in Chapter 1, General Provisions, Article 1.