As used in this article, the following terms shall have the
meanings indicated:
PERSON
Any person, partnership, firm, association, corporation or
utility company.
STREET
Any public street, avenue, road, square, alley, highway or
other public place located in the Borough of Tyrone and 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 of Tyrone without first securing
a permit therefor as hereinafter provided.
Any person who shall desire to make any opening or excavation
in any of the streets in the Borough of Tyrone shall make application,
in writing, for this 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 such other information as may be required upon said application
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
of Tyrone and the laws of the Commonwealth of Pennsylvania in relation
thereto and that the applicant shall well and truly save, defend and
keep harmless the Borough of Tyrone 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.
The Borough Superintendent of Streets and Highways shall promulgate
rules and regulations governing the opening, excavation, refilling,
resurfacing and repaving of streets in the Borough of Tyrone; and
after the same have been approved by the Council of the Borough of
Tyrone and entered upon the minutes of the Council, such rules and
regulations shall be the sole criteria for any work to be done and
or performed by any applicant or permittee governed by the terms of
this article. Copies of said rules and regulations shall be furnished
to any person making application hereunder.
In the event that work performed by or for a permit holder shall,
in the opinion of the Borough Superintendent of Streets and Highways,
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 is not completed within
the time fixed therein, the Borough may proceed to correct such unsatisfactory
work or complete any such work not completed and charge the cost thereof,
plus 20%, to the applicant.
In case of any leak, explosion or other accident in any subsurface
pipe, construction or apparatus, it shall be unlawful for the person
owning or responsible for such pipe, line, construction or apparatus
to commence any 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 are fully complied with. If any such emergency
condition shall not be immediately attended to by the owner or person
responsible for such pipe, line, construction or apparatus, the Borough
Superintendent of Streets and Highways, 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
charge the same to such owner or person on the basis of cost, plus
20%.
The Borough Superintendent of Streets and Highways shall give
timely notice to all persons owning property abutting on any street
within the Borough about to be paved or improved and to all public
utility companies operating in the Borough, and all such persons and
utility companies shall make all water, gas or sewer connections as
well as any repairs thereto which would necessitate excavation of
said street within 60 days from the giving of such notice. 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 Superintendent of Streets and Highways. If it is sought
to excavate upon or to open 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 written application to the Borough
Council, and a permit for such opening shall only be issued after
express approval of Council.
Any person who shall be convicted of a violation of any of the
provisions of this article before any Magisterial District Judge shall
be sentenced to pay a fine not more than $600.
All work authorized under an issued permit and all street restoration
work is subject to inspection and approval by the Superintendent of
Streets and Highways. The Superintendent shall be notified prior to
backfilling in order than an on-site inspection can be made.