No person shall make any excavation in, or tear up the surface
of, or jack or drill under, any Borough road, street, sidewalk, or
public right-of-way in the Borough for any purpose whatever without
first obtaining a permit from the Borough Engineer or the Borough
Engineer's designee.
Application shall be made in writing for the permit to excavate or tear up the surface or jack or drill under any Borough street as specified in §
167-8 above. The application should include the purpose of such excavation, a location sketch and, if needed, a plan to address public or traffic safety concerns at the excavation site.
No work covered by a permit shall begin until the Borough Engineer
is notified. Notification shall be in writing and be received at least
48 hours in advance of the start of work.
Before any permit shall be issued, a payment or deposit as provided in §
167-26 shall be made to the Borough Clerk or such other person as may from time to time be designated by resolution of the Borough Council. All money so paid or deposited shall be promptly paid to the Borough Clerk to be deposited in the name of the Borough and held for the purpose hereinafter provided.
The permittee shall be required to restore the opening in accordance
to Borough specifications for roadway repair, as directed by the Borough
Engineer.
Tunneling shall not be permitted under any circumstances and
shall be an unlawful exercise of the privilege under any such permit
and a violation thereof, but this shall not be construed as preventing
jacking or drilling when proper permits shall have been secured.
Material removed from the opening shall be so placed not to
interfere with street drainage. Trenches that cut the full width of
the road may only be opened 1/2 of the width of the road at a time.
For all other trenches, not more than 200 feet of trench may be opened
at any one time. All openings must be closed within the time specified
in the permit unless an extension of time is granted.
Upon the completion of the fill and the restoration of the pavement
and its approval by the Borough Engineer, the money paid or deposited
shall be refunded to the applicant. Should the applicant fail to properly
fill and replace the pavement to the satisfaction of the Borough Engineer,
the Borough may replace the pavement and charge the cost thereof against
the deposit and upon the completion thereof pay the surplus, if any,
less a reinspection fee.
In case of public utility openings, the Borough may accept a
bond from such utility, in such form and in such amounts, as may be
authorized by applicable law. Each and every opening, however, must
be treated separately and shall require a separate permit. The bond
shall be to guarantee proper restoration of the street on the part
of the obligor.
The permittee shall follow all rules, regulations and ordinances
governing road openings, and the permit is given with the distinct
understanding that it shall be binding the same as though these instructions
were fully set forth in the permit.
The permittee shall be released from further obligation when
the Borough Engineer shall certify to the Borough Council that such
restoration has been completed and the Borough Council shall have
approved the same.
Where necessary to facilitate drainage or to prevent cracking
or crumbling of the adjacent road surface, to prevent stones or dirt
washing or carrying onto the road surface, or otherwise preserve the
safety of users of the road, and reduce maintenance requirements,
the Borough Engineer shall require, as a condition of such permit,
the paving of the first 20 feet of such driveway entrance.
When it becomes necessary to construct a pipe or conduit across
a driveway entrance leading from a public highway, or when it becomes
necessary to install a pipe or conduit in a ditch adjacent to a public
highway, permission must first be obtained from the Borough Engineer.
Such installation shall be laid to the line and grade satisfactory
to the Borough Engineer so proper drainage will be assured.
No person shall construct any private street, lane, driveway
or other means of egress so that water therefrom will flow onto any
public street or highway or into any public drains without the permission
of the Borough Council.
Violations of the provisions of Article
III shall be punishable as provided in Chapter
1, General Provisions, Article
I, General Penalty, herein. Each violation shall be considered a separate offense. Each day's continued violation shall be treated as a separate offense subject to a separate penalty.