[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]
1. 
At least three weeks prior to commencing permitted work, the permittee shall provide written notice of the proposed work to all property owners, residents and businesses within 300 feet of the work area. A copy of this written notice shall be provided to the Borough Manager, Borough Police Department and the Forest Hills Volunteer Fire Department. This written notice shall include the following:
A. 
A work schedule indicating the days and time that work will be performed and the date of anticipated completion.
B. 
A summary of the work to be performed.
C. 
A summary of any traffic restrictions, including the days and times of such restrictions.
D. 
The name, address and telephone number of a person to be contacted in case of an emergency or complaints.
E. 
The name, address and telephone number of the contractor or other party responsible for direct supervision of the work.
2. 
The permittee shall submit a press release to any major media outlets designated by the Borough Manager notifying area residents of the notice information referenced in Subsection 1 above. This requirement may be waived by the Borough Manager where the effected streets are not major thoroughfares.
3. 
Prior to beginning the permitted work, the permittee shall submit a notarized written statement to the Borough Manager certifying that the permittee has complied with the above-referenced notice requirements.
[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]
1. 
No opening or excavation of any streets shall extend beyond the center line of the street before being backfilled and the surface of the street temporarily restored, unless otherwise permitted by the Borough Manager.
2. 
When any earth, gravel or other excavated material is caused to role, flow or wash upon any street, the permittee shall cause the same to be removed from the street within eight hours after deposit. In the event the earth, gravel or other excavated material so deposited is not removed, the Borough Manager shall cause such removal and the cost incurred shall be paid by the permittee or deducted from the cash deposit or surety bond.
3. 
Every permittee shall place around the project sites such barriers, barricades, lights, warning flags and danger signs as shall be determined by the Borough Manager to be necessary for the protection of the public. Whenever any person fails to provide or maintain the safety devices required by the Borough Manager, such devices shall be installed and maintained by the Borough and the costs incurred to be paid by the permittee or deducted from the cash deposit or surety bond.
4. 
No person shall willfully move, remove, injure, destroy, or extinguish any barrier, warning light, sign or notice erected, placed or posted in accordance with provisions of this Part.
[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]
1. 
Any planted or landscaped area which is disturbed by work performed under the permit shall be restored to a condition at least equal to that existing before the commencement of construction. Any shrub, grass, tree or plant injured or destroyed shall be replaced with ones of the same size, color, species, condition, caliper and quality.
2. 
Any sidewalk, driveway or other privately owned or maintained facility or object damaged, destroyed or removed shall be restored to the satisfaction of the Borough Manager.
3. 
Any Borough sign damaged, lost or destroyed by the permit holder shall be replaced by the Borough and the cost thereof shall be assessed against the permit holder or recovered by the Borough as otherwise allowed by law.
4. 
If, during the course of construction, any municipally owned or maintained sewer, under-drain, manhole, catch basin, curb, guardrail or other facility or appurtenance is damaged, destroyed or disturbed, such condition shall be reported immediately to the Borough Manager who shall then prescribe, direct, supervise and inspect the necessary corrective action.
[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.