[Adopted 10-4-1965 (Ch. 104, Art. I, of the 1976 Borough Code)]
[Amended 3-9-1976]
No opening shall be made in the surface of any road, street paving, sidewalk, gutter, inlet or concrete curbing, including pipe culverts and underdrains which are maintained by the Borough of Penndel, until and unless a permit has been obtained for such opening from the Borough.
[Amended 3-9-1976; 12-3-1990 by Ord. No. 90-11; 5-7-2012 by Ord. No. 2012-4]
The Borough shall issue such a permit to any person and/or corporation and/or public utility company and allied contractors who apply for the same and who shall:
A. 
Pay to the Borough of Penndel a permit fee as set by resolution of Borough Council.
B. 
Post with the Borough Council a cash deposit in the amount set from time to time by resolution of the Borough Council. Said cash deposit shall be released not later than 120 days after the proper restoration of all surfaces disturbed.
[Added 3-9-1976]
The application for the permit and every such permit shall specify a time when said opening or excavation may remain open and the place where said opening or excavation may be made, together with the probable length, width and depth thereof, and such further information as may be required. Any additional surface to be disturbed and any additional time required may be endorsed on the permit by the Borough, provided that emergency breaks or leaks may be repaired and a permit therefor secured within 24 hours.
Any person and/or corporation and/or public utility company who opens the surface of any road, street paving, sidewalk, gutter, inlet or concrete curbing, including pipe culverts and underdrains, as authorized by such permit, shall be responsible to the Borough Council of the Borough of Penndel for the costs of the restoration of such surface in accordance with the adopted standards of the Borough Council of the Borough of Penndel and/or its Engineer for the particular type of construction and in accordance with its construction methods, all of which is set forth in Addendum No. 1 to this article.[1]
[1]
Editor's Note: Addendum No. 1 is on file at the Borough offices.
[Added 3-9-1976]
It shall be the duty of any person to whom a permit is issued or by whom any opening or excavation is made, as aforesaid, to provide and maintain proper and adequate guards, barriers and lights to prevent accidents, and he shall assume all risks and be liable for all damages by reason of the openings and excavations.
[Amended 3-9-1976; 8-1-1988 by Ord. No. 88-1[1]]
Any person, firm or corporation who shall violate any provision of this article shall, upon conviction thereof, be subject to a fine of not more than $1,000 or imprisonment for a term not to exceed 30 days, or both, at the discretion of the court. Each day that a violation continues after due notice has been served, in accordance with the terms and provisions hereof, shall be deemed a separate offense.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).