[Amended 11-9-2017 by Ord. No. 4-2017]
Every individual, company, partnership or corporation desiring
to open or excavate any avenue, street, court, alley or other public
right-of-way or berms thereof within the Borough of Dalton shall first
secure a permit from the Mayor or Secretary of the Borough of Dalton,
for the issuance of which permit a fee as set pursuant to resolution
of the Dalton Borough Council shall be charged for each 200 lineal
feet of excavation or fraction thereof. For emergency repairs, a permit
must be secured within two business days after the date of the emergency.
[Amended 11-9-2017 by Ord. No. 4-2017]
In addition to said permit, any individual, company, partnership or corporation shall be required to deposit with the Borough of Dalton $500 for each 30 square feet or fraction thereof of surface opening, which deposit will be returned after the opening or excavation has been repaired and restored and the appropriate surface replaced in accordance with §
294-2B of this article to the satisfaction of the Public Works Committee or else forfeited in lieu of said repair and restoration.
A. Where a cut must be made in a paved street or road, the surface must
be cut with a jack hammer using a spade bit or with a masonry saw.
All cuts in the surface shall be straight-edged and no tearing of
paved surface will be allowed.
B. All excavations or cuts in roads and berms will be backfilled with
No. 2A modified stone and will be properly tamped every six inches
with a vibrator or whacker-type tamper. Where a paved surface is involved,
excavation will be backfilled with No. 2A modified stone to within
six inches of the top of the original pave. The final layer of grade
will be material comparable to the original surface. All spoil from
the excavation shall be removed by the individual, company, partnership
or corporation to which the permit is issued.
Each 200 lineal feet or fraction thereof of excavation must be properly repaired and restored in accordance with §
294-2B of this article to the satisfaction of the Public Works Committee before any further excavation is made and additional permits issued.
[Amended 11-9-2017 by Ord. No. 4-2017]
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 undergo imprisonment for not more than 30 days, provided
that each violation of any provision of this article and each day
the same is continued shall be deemed a separate offense.