[Ord. 918, 6/19/2002]
Every person owning, using, controlling, or having an interest
in pipes, conduits, ducts, or other structures under the surface of
any street used for the purpose of supplying or conveying gas, electricity,
telecommunications, water or steam to or from the Borough or to or
from its residents, or for any other purposes shall, upon request
of the Borough Manager, furnish him forthwith any information relative
to the location, size and description of all such installations.
[Ord. 918, 6/19/2002]
When the Borough plans to pave or improve streets in which there
are abandoned facilities, the owner of such facilities shall be notified
to remove them if the Borough Council determines that their removal
is in the best interest of the Borough. If the owner shall remove
the abandoned facilities, then the Borough shall effect such removal
and the owner shall reimburse the Borough of the costs thereof.
[Ord. 918, 6/19/2002]
The Borough Manager shall notify in writing the Borough Police
Department and the Borough Volunteer Fire Department of all street
opening permits that are granted. Such notification shall state the
nature of the work to be done, proposed commencement and completion
dates, and the location of such project.
[Ord. 918, 6/19/2002; as amended by Ord. No. 1074, 11/14/2018]
1. Within 48 hours of completing work, any permit holder who shall make
any street opening shall cause such street opening to be restored
to the same surface, good order, repair and condition in which it
was prior to the street opening. All restoration work involving a
public street shall be performed in accordance with Borough specifications.
The full lane width of the street (curb to center line) shall be restored
in instances where street openings are limited to a single line. The
full width of the street (curb to curb) shall be restored in instances
where street openings that result in openings in both lanes or where
the street surface is a narrow cartway, as determined by the Borough
Manager.
2. The permit holder shall be responsible for the maintenance of areas disturbed by such street openings for a period of five years from the date of the completion of such restoration and further shall pay or cause to be paid the costs of all work required or necessary in such restoration and maintenance. A maintenance bond is required pursuant to §
21-251 of this Part. When written notice requiring repair or maintenance is given by the Borough to the party responsible for making a street opening and such party shall fail or neglect to make such repair or perform such maintenance within 14 days of such notice, such neglect or failure shall constitute a violation of the provisions of this Part.
[Ord. 918, 6/19/2002; as amended by Ord. 976, 1/16/2008]
1. Any person, firm or corporation who violates a provision of this Part, or who fails to comply therewith, or with any of the requirements thereof, shall be, upon conviction thereof, sentenced to pay a fine of not less than $100 nor more than $1,000 for each violation, plus court costs and costs of prosecution incurred by the Borough, and in default of payment of said fine and costs, to imprisonment to the extent permitted by law for the punishment of summary offenses. Procedures for collection of fines and penalties for default of payment shall be in accordance with Chapter
1 of this Code.
2. A separate offense shall arise for each day or portion thereof in
which a violation is found to exist or for each section of this Part
found to have been violated. All fines and penalties for the violation
of this Part shall be paid to the Borough Treasurer.
3. The Borough may also commence appropriate actions in equity or other
to prevent, restrain, correct, enjoin, or abate violations of this
Part.