[Adopted 10-4-2004 by Ord. No. 821A]
The following words, when used in this article, shall have the
meanings ascribed to them in this section, except in those instances
where the context clearly indicates otherwise:
Any activity within the right-of-way of any street, or cartway
which involves cutting, breaking, or disturbing the surface thereof.
In this article, the term "opening" shall have essentially the same
meaning as "excavation."
The placement of a facility, including but not limited to
pipes, cables, lines, or poles, within the highway right-of-way. Any
reference to excavation shall include installation.
Any natural person, partnership, firm, association, corporation
or municipal authority, excluding the Borough of North East and the
Commonwealth of Pennsylvania which are not persons subject to the
within article.
Any public street, avenue, road, square, alley, highway,
or other public place located in the Borough of North East and established
for the use of vehicles, but shall not include state highways.
It shall be unlawful to open or make any excavation, opening
or installation of any kind, including sidewalks and curbs, within
the streets of the Borough of North East without seeking a permit
therefor.
A.
A person seeking a permit shall complete the form prescribed therefor
and pay the fee established therefor from the Zoning Officer in accordance
with the form and fee schedule established from time to time by the
Borough.
B.
Permits may be issued by the Zoning Officer upon completion and submission
of an application in compliance with the regulations established therefor
for excavations, openings, and installation, allowed within the streets
of the Borough and payment of the required fee. The Zoning Officer
may require of applicants who are not regulated utilities demonstration
that a competent contractor has been secured to perform the work and
that the permittee has made the necessary financial arrangements for
the payment therefor, including necessary restorations.
Permits shall be issued only to persons furnishing public utility
services, or owners of real property adjoining the location of the
excavations, openings, or installations.
Persons who make openings, excavations, or installations within
the streets of the Borough shall be responsible for the restoration
of the surface including berms for a period of two years from the
completion of work. The Borough may after not less than 30 days'
notice to the permittee complete restoration and the permittee thereafter
shall be responsible to pay for said restoration. In an emergency,
no notice need be given.
Persons who make openings, excavations, or installations within
the streets of the Borough shall be responsible to notify all utilities
with existing installations prior to the commencing of work so that
the same may locate those installations and mark same.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
All ordinances regulating sidewalks, curbs, signals, and any
and all other installations within the streets shall remain in full
force and effect.
A.
Criminal. Any person who violates or permits a violation of this
article shall, upon conviction in a summary proceeding under the Pennsylvania
Rules of Criminal Procedure, be guilty of a summary offense and shall
be punishable by a fine of not more than $1,000, plus court costs
and reasonable attorneys’ fees incurred by the Borough in the
enforcement proceedings. Upon judgment against any person by summary
conviction, or by proceedings by summons on default of the payment
of the fine or penalty imposed and the costs, the defendant may be
sentenced and committed to the Borough correctional facility for a
period not exceeding 10 days or to the county correctional facility
for a period not exceeding 30 days. Each day that such violation exists
shall constitute a separate offense, and each section of this article
that is violated shall also constitute a separate offense. In addition
to or in lieu of enforcement under this section, the Borough may enforce
this article in equity in the Court of Common Pleas of Erie County.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
B.
Civil. Any person who shall make an installation, excavation, or
opening in violation of this article shall be subject to the restoration
and of such opening and/or excavation and removal of the installation
by the Borough and reimbursement to the Borough of the cost thereof.
