[Adopted 6-8-1970 by Ord. No. 335 (Ch. 21, Part 1, of the 1992 Code of Ordinances)]
A. 
The following words, when used in this article, shall have the meanings hereby respectively ascribed thereto, except where the context clearly indicates otherwise:
PERSON
Any natural person, partnership, association, firm or corporation.
STREET
Any public street, avenue, road, square, alley, highway or other public place located in the Borough and established for the use of vehicles.
B. 
In this article, the singular shall include the plural, the plural shall include the singular, and the masculine shall include the feminine and the neuter.
It shall be unlawful for any person to open or to make any excavation of any kind in any street in the Borough except in and upon those portions thereof established for the use of vehicles.
It shall be unlawful for any person to open or to make any excavation of any kind in any street in the Borough without first securing a permit therefor, as hereinafter provided.
Any person who shall desire to make any opening or excavation in any street in the Borough of Mount Joy shall first make application to the Mayor in writing for the purpose. Such application shall be made upon blanks to be furnished by the Borough and shall set forth the name of the applicant, the exact location of the proposed opening or excavation, and the approximate size and depth thereof and shall contain an agreement on the part of the applicant that the work shall be done in full compliance with the ordinances of the Borough and the laws of the commonwealth in relation thereto, and that the applicant shall well and truly save, defend and keep harmless the Borough from and indemnify it against any and all actions, suits, demands, payments, costs and charges for or by reason of the proposed opening or excavation, and all damages to persons or property resulting in any manner therefrom, or occurring in the prosecution of the work connected therewith, or from any other matter, cause or thing relating thereto.
[Amended 4-14-1980 by Ord. No. 411; 9-14-1992 by Ord. No. 497]
Before any permit shall be issued to open or excavate any street in the Borough, the applicant shall pay to the Borough Secretary a permit fee, as established from time to time by resolution of Borough Council, to cover the initial cost of inspection and other incidental services in connection therewith. The Borough shall have the right in its discretion to waive fees for contractors performing work under contract with the Borough. In addition to the permit fee, the applicant shall provide the Borough with a bond or other satisfactory surety as set forth in § 232-7 of this article.
[Amended 9-14-1992 by Ord. No. 497]
Any person who shall open or excavate any improved street in the Borough shall thoroughly and completely refill the opening or excavation, puddling and ramming so as to prevent any settling thereafter, and shall restore the surface to the same condition as it was before the opening or excavation, and such restoration shall be in accordance with the specifications of the Department of Transportation of the Commonwealth of Pennsylvania, which are hereby adopted as specifications of the Borough for restoration of surfaces of streets in the Borough. As restored, the surface shall conform to the proper grade and shall be of the same surface covering as the part of the street immediately adjoining the opening. If, within two years after the restoration of the surface as herein provided, defects shall appear therein resulting from defective backfilling by the applicant, the applicant shall reimburse the Borough for the cost of all necessary repairs to the permanent paving.
[Amended 4-14-1980 by Ord. No. 411]
A. 
All other work in connection with opening any street, including excavation, protection and refilling, shall be done by the applicant at his expense, and all such work shall be subject to the provisions of this article and to the supervision of the Borough Engineer or any other person designated by the Borough Council for the purpose, provided that the Borough Engineer or other person so designated may require that cutting of the surfaces of improved streets and the backfilling of all excavations therein shall be done by the Borough, and the charge therefor shall be paid by the applicant on the basis of the actual cost of the work, plus 10%.
B. 
Public utility companies desiring to open and excavate a street shall establish an escrow account in the name of the Borough of Mount Joy in the amount of 10% of the total cost of the project or $1,000, whichever is the greater. In the event that a public utility company is engaged in two or more unrelated street opening projects, said public utility company shall execute a separate and distinct escrow account for each opening project. A public utility may, upon petition before Borough Council, establish an annual deposit account or make such other arrangements in such amounts as are approved by Borough Council.
C. 
All other persons, including contractors performing work for Borough municipal authorities, desiring to open a street shall furnish a properly executed corporate surety bond. The bond shall be executed by a reputable surety company licensed to do business in the Commonwealth of Pennsylvania. All bonds secured by contractors performing work under contract with Borough municipal authorities must be countersigned by the director or chairman of the authority. Any person may, upon petition to Borough Council, request that a deposit or irrevocable letter of credit be established in lieu of a bond, with the same terms for bonds set forth in this article, upon approval by Council.
D. 
Said bond and escrow account or irrevocable letter of credit shall cover street opening work performed during the calendar year. The bond, escrow account or irrevocable letter of credit shall be in effect for two years after the restoration of the surface of the street in accordance with § 232-6 in order that the Borough may collect from the bond or other surety the cost of all necessary repairs to the permanent paving and any additional costs that the Borough may incur in accordance with the provisions of this article. The amount of the surety bonds shall be $1,000, unless any street excavation or restoration work for a single project exceeds the one-thousand-dollar figure. In such event, its applicant must secure additional bonding in an amount equal to the difference between the one-thousand-dollar figure and the dollar amount computed in accordance with the prevailing costs of construction, as determined from time to time by the Borough Engineer.
A. 
No opening or excavation in any street shall extend from the curbline into the roadway a distance greater than one foot beyond the center line of the street before being refilled and the surface of the street restored to a condition safe and convenient for travel.
B. 
No more than 500 feet longitudinally shall be opened in any street at any one time.
C. 
The work of excavation shall be so conducted as not to interfere with any water main, sewer, sewer connection, or any other subsurface line or construction until permission of the proper authorities in connection with such subsurface lines or constructions shall have been obtained.
D. 
No tunneling shall be allowed without the express approval of the Borough Engineer and permission therefor endorsed upon the permit. The backfilling of a tunnel excavation shall be made only in the presence of the Borough Engineer or an inspector designated by him and shall be done only in a method approved by him.
E. 
All openings and excavations shall be backfilled promptly with suitable materials and thoroughly compacted in layers, each of which shall not exceed six inches in depth. On improved streets, the backfilling shall be placed to within 10 inches of the surface.
F. 
On improved streets, a temporary paving of suitable stony materials, thoroughly bound and compacted, shall be installed flush with the surface of the adjoining paving.
G. 
During the making of any opening or excavation in any street, every necessary and reasonable precaution shall be taken by the applicant and the parties making the same to keep the street in a safe and passable condition, both day and night, by guards, barriers, lanterns and other devices, and all permits issued under this article are granted under and subject to the express condition that the person to whom the same is issued shall indemnify, save and keep harmless the Borough from any loss or damages, or otherwise whatsoever, that may or shall be occasioned at any time by the said excavation or by any leak, explosion or other injury from any pipe, apparatus, conduit or any other matter placed in the said opening or excavation.
H. 
The applicant shall notify the Borough Engineer or the other person designated by the Borough Council as supervisor of the said work when the opening or excavation is ready for backfilling, before backfilling in the case of any unimproved street and for temporary paving in the case of any improved street.
I. 
In the event that any work performed by or for a permit holder shall, in the opinion of the Borough Engineer or the other person designated by the Borough Council as supervisor, be unsatisfactory, and the same shall not be corrected in accordance with his instructions within the time fixed by him, or in the event that the work for which the permit was granted shall not be completed within the time fixed by the Borough Secretary and specified on the permit, the Borough may proceed to correct such unsatisfactory work or to complete such work not completed and shall charge the cost thereof, plus 10%, to the applicant.
In the case of any leak, explosion, or other accident in any subsurface pipe, line, construction or apparatus, it shall be lawful for the person owning or responsible for such pipe, line, construction or apparatus to commence an opening or excavation to remedy such condition before securing a permit, provided that application for a permit shall be made immediately and not later than the next business day thereafter, and that all other provisions of this article shall be fully complied with. If any such emergency condition shall not be attended to immediately by the owner or person responsible for such pipe, line, construction or apparatus, the Borough Engineer, after such notice as he shall deem necessary under the circumstances of the particular case, shall proceed to do the work necessary and required by such emergency, and the Borough shall charge the same on the basis of the cost, plus 10%, to such owner or person.
The Borough Secretary shall give timely notice to all persons owning property abutting on any street in the Borough about to be paved or improved and to all public utility companies operating in the Borough, and such persons and utility companies shall make all water, gas or sewer connections, as well as any repairs thereto, which would necessitate opening or excavation of such street within 30 days from the giving of such notice, unless the time shall be extended, in writing, for cause shown by the Borough Engineer. New paving shall not be opened for a period of five years after the completion thereof, except in case of emergency, the existence of which emergency and the necessity for the opening of such paving to be determined by the Borough Engineer. If it is sought to open or excavate a street within five years after the completion of the paving thereof for any reason other than an emergency as above stated, the applicant shall make application to the Borough Council, and a permit for such opening shall be issued only after express approval of Council.
Payment for all work done by the Borough under the provisions hereof shall be made by the person made liable therefor under the provisions hereof within 30 days after a bill therefor is sent to such person by the Borough. Upon failure to pay such charges within such time, the same shall be collectible by the Borough in the manner provided by law for the collection of municipal claims.
[Amended 9-14-1992 by Ord. No. 497]
Any person who shall violate any provision of this article shall, upon conviction thereof, be sentenced to pay a fine not less than $50 and not exceeding $600 and costs and, in default of payment thereof, shall be subject to imprisonment for a term not to exceed 30 days. Each day that a violation of this article continues shall constitute a separate offense.