No person or persons, companies, corporation or corporations,
either in person or by their agents, servants or employees, shall
take up or remove from any street or pavement, highway, avenue or
alley, or in any public place in the Borough of Boyertown any paving,
planking, graveling or macadamizing sidewalk or shall dig, tear up
or take up any earth or shall take up or move any earth, paving, planking,
graveling or macadamizing or improvement unless he, she or they, either
in person or by their agents, servants or employees, shall have first
obtained a permit therefor from the Borough Clerk, who is hereby authorized
to issue the same, for which they shall and hereby are required to
pay a sum as set forth from time to time by resolution of the Borough
Council.
In all cases where it may become necessary to use the streets, highways, avenues and alleys as well as pavements of the Borough of Boyertown in such a way as to interfere with any street improvements now existing (or that may hereafter be made), it shall be the duty of the person or persons, company or companies or corporation or corporations, by themselves or their agents, to put and place said streets, highways, avenues, alleys and pavements in as good condition on the completion of the use as aforesaid as they were prior to the grant of said privilege, and in case of failure so to do, the person or persons, company or companies or corporation or corporations, their agents, servants or employees, shall be liable to a fine or penalty as provided in §
168-5.
Whenever any corporation, company or association of individuals,
their agents or employees or any other person or persons shall dig
any trench in or excavate any portion of any public street, highway
or footway within the limits of said Borough for the purpose of putting
down or repairing gas or water pipes, drains or conduits or any fixture
or fixtures or for any other purpose whatsoever, such person or persons,
corporation, company or association shall, immediately upon the completion
of such work, close up such trench or excavation by backfilling with
modified 2-A gravel compacted every 18 inches. The open section must
be covered with coldpatch upon completion. Permanent restoration must
be completed in six months with a four-inch BCBC (bituminous concrete
base course) and a one-and-one-half-inch ID 2 wearing course. All
seams of the street must be sealed.
Any person or persons violating any of the provisions of this
article shall, upon conviction before any District Justice of the
Commonwealth of Pennsylvania, be sentenced to pay a fine of not more
than $600 for each offense, with costs, and if the amount of said
judgment and costs shall not be paid, said person or persons shall
suffer imprisonment in the Berks County Prison for a period not exceeding
30 days.