[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.