[Adopted 5-14-1987 by Ord. No. 2-1987]
[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.