Borough of Hamburg, PA
Berks County
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Table of Contents
Table of Contents
[Ord. 432, 7/10/1973, § 1]
1. 
The following words, as used in this Part, shall have the meanings hereby respectively ascribed thereto:
PERSON
Any natural person, partnership, association, firm or corporation.
STREET
The roadway of any public street, avenue, boulevard, highway or alley in the Borough of Hamburg, except for State highways, to which this Part shall not apply.
2. 
In this Part, the singular shall include the plural, the plural shall include the singular, and the masculine shall include the feminine and the neuter.
[Ord. 432, 7/10/1973, § 2; as amended by Ord. 635, 7/5/1994, § 2; and by Ord. 680, 12/28/1998]
It shall be unlawful for any person to make any opening or excavation in any street without first having obtained from the Borough Secretary a permit therefor. Thereafter all work authorized by such permit shall be done in strict conformity to the provisions of this Part. No such permit shall be issued until the applicant therefor shall pay a permit fee in an amount as established from time to time by resolution of Borough Council, which fee shall be for the use of the Borough and shall deposit the sum as set forth in said resolution to be applied against the cost of restoration of the portion of the street so opened or excavated; provided, in case of emergency, caused by breaks and/or leakages in water, sewer, gas or other main or pipe requiring immediate attention, the owner thereof or his agents or employees may commence the opening or excavation of the street without such permit but he shall, within 48 hours after the happening of such emergency, apply for the permit and pay the required fee and deposit.
[Ord. 432, 7/10/1973, § 3]
Each person desiring a permit under this Part shall file an application therefor with the Borough Secretary stating therein the purpose for which such opening or excavation is to be made, the location and approximate dimensions thereof and the length of time required for the work to be done under such permit. Such permit shall be granted for a designated purpose, location and time and the permit holder shall adhere strictly to the conditions of the permit in the pursuit of the work authorized thereby.
[Ord. 432, 7/10/1973, § 4]
The holder of the permit shall be responsible from the beginning of the work for keeping the opening or excavation guarded by the placing of barriers and warning signs around the same and between sunset and sunrise placing red lights, lanterns or flares.
[Ord. 432, 7/10/1973, § 5]
Upon completion of the work that necessitated any opening or excavation, the permit holder shall notify the Borough Secretary of that fact and the Secretary shall then notify the appropriate Borough officer or employee of the readiness of such opening or excavation for refilling and restoration. Such officer or employee shall, during the course of the work, if he shall deem the same necessary, supervise and/or inspect the same.
[Ord. 432, 7/10/1973, § 6]
Every permit holder, as soon as he shall have notified the Borough as required by § 21-105 of this Part, shall completely refill such opening or excavation, puddling and ramming the same so as to prevent any settling thereof and shall restore the surface to the same condition as it was in prior to making of such opening or excavation, and thereupon, prior to the time of expiration of his permit he shall remove from the site of his work all debris, tools and equipment. The work of resurfacing shall be examined and inspected by the person designated by the Borough for such purpose and if he shall find the same satisfactory the Borough shall return to the permit holder the deposit provided for by this Part. Otherwise, the permit holder shall be required to remedy his work to bring it into conformity with the requirements of this Part, in default of which such deposit shall be applied against the cost of such work of rectification with any balance not so required to be refunded to the permit holder and any additional sum not covered by such deposit to be paid to the Borough by the permit holder; provided, no subsequent permit shall be granted under this Part to any person who shall not have, prior to the issuance of the later permit, paid to the Borough any such additional sum billed to him.
[Ord. 432, 7/10/1973, § 7; as amended by Ord. 680, 12/28/1998]
Any person, firm or corporation who shall violate any provision of this Part shall, upon conviction thereof, be sentenced to pay a fine not more than $1,000 plus costs and, in default of payment of said fine and costs, to imprisonment for a term not to exceed 30 days. Each day that a violation of this Part continues shall constitute a separate offense.
[Ord. 438, 7/10/1973, § 1]
PERSON
Any natural person, partnership, association, firm or corporation.
STREET
Any public street, alley or other way intended for vehicular traffic in the Borough of Hamburg.
In this Part, the singular shall include the plural, the plural shall include the singular, and the masculine shall include the feminine and the neuter.
[Ord. 438, 7/10/1973, § 2]
Property owners and developers, before installing a permanent surface upon any street in the Borough of Hamburg, shall be responsible for subgrading the same and for installing curbs in accordance with Borough specifications.
[Ord. 438, 7/10/1973, § 3; as amended by Ord. 680, 12/28/1998]
Any person, firm or corporation who shall violate any provision of this Part shall, upon conviction thereof, be sentenced to pay a fine not more than $1,000 plus costs and, in default of payment of said fine and costs, to imprisonment for a term not to exceed 30 days. Each day that a violation of this Part continues shall constitute a separate offense.