This article shall be known and may be cited as the "Borough
Street Excavation Ordinance."
At least 30 days before the date when work is to be started
by the Borough (or by an independent contractor retained by the Borough)
on the construction, reconstruction, surfacing or resurfacing of a
Borough street, the Borough Manager shall give written notice of that
fact, by ordinary mail, to the owners of all properties which abut
the street and to all utility companies which operate in the Borough,
and shall include in that notice:
A. A description sufficient to identify the type of improvement work
which will be done and the line or limits of the street where the
improvement work will be done;
B. The approximate date when the improvement work will be started; and
C. An order substantially to the effect that the property owners and
the utility companies complete the construction or installation of
any new utility lines or appurtenances beneath the street and complete
the repair of any existing utility lines or appurtenances beneath
the street before the date when the improvement work will be started.
The issuance of a street excavation permit under §
212-4 or the waiver under §
212-9A of the requirement that a street excavation permit be obtained shall not impose any liability upon the Borough Manager, any inspector designated or selected by the Borough Manager under §
212-7, or the Borough or upon any other officer, official, staff member, employee or consultant of the Borough for any injury or damage suffered or incurred by any person in connection with or arising out of any work done or not done under a street excavation permit or any work done under §
212-9A without a street excavation permit. If the Borough Manager, or any inspector designated or selected by the Borough Manager under §
212-7, acted in good faith and without malice, any act or omission by the Borough Manager or the inspector in the performance of his/her duties or in carrying out his/her responsibilities or in exercising his/her powers shall not impose any liability upon the Borough Manager, the inspector, or the Borough, or upon any other officer, official, staff member, employee or consultant of the Borough for any injury or damage suffered or incurred by any person in connection with or arising out of the act or omission.
The provisions of this article shall not be applicable to any
street opening or excavation made by the Borough or made for the Borough
by an independent contractor retained by the Borough or the Borough
Manager.