[Ord. 2011-07-05, 7/11/2011[1]]
The following words, when used in this Part, shall have the
meanings ascribed to them in this section, except in those instances
where the context clearly indicates otherwise:
Any person who makes application for a permit.
The Borough of Red Lion, County of York, Commonwealth of
Pennsylvania.
Any unforeseen circumstance which calls for immediate action.
The Borough Manager of the Borough of Red Lion or his authorized
deputy, representative, or inspector.
Any person who has been issued a permit and has agreed to
fulfill all the terms of this Part.
Any natural person, partnership, firm, association, utility,
or corporation.
Includes the entire right-of-way of a public street, public
highway, public alley, public way, public road, or public easement
within the Borough, but shall not mean or include any state highway
or any continuation of a state highway within the Borough.
[1]
Editor's Note: This ordinance also provided for the repeal
of former Part 2, Openings and Excavations, adopted 1/12/1972 by Ord.
721-2, as amended.
[Ord. 2011-07-05, 7/11/2011]
It shall be unlawful for any person to open or to make any excavation
of any kind in any of the streets in the Borough without first securing
a permit therefor, as hereinafter provided.
[Ord. 2011-07-05, 7/11/2011]
Before any permit shall be issued to open or excavate any street
in the Borough, the applicant shall pay to the Borough a permit fee
in the amount fixed according to a schedule established pursuant to
resolution. The applicant is also required to follow the requirements
of specifications for excavation, backfill and pavement restoration
in the Red Lion Borough streets, established by resolution of the
Borough Council.
[Ord. 2011-07-05, 7/11/2011]
Any permit issued hereunder shall specify the exact location
where the opening or excavation is to be made, the approximate permitted
size or depth thereof, and the time within which the work for which
the permit is granted to be completed.
[Ord. 2011-07-05, 7/11/2011]
If, within two years after the restoration of the surface as
herein provided, defects shall appear therein resulting from defective
backfilling and/or surface restoration by the applicant, the applicant
shall reimburse the Borough for the cost of all necessary repairs
to the permanent paving.
[Ord. 2011-07-05, 7/11/2011]
Permits issued under this Part are not transferable from one
person to another, and the work shall be carried out only at the location
specifically designated in the permit.
[Ord. 2011-07-05, 7/11/2011]
1.
Any permit issued under this Part may be revoked by the Manager after
notice for:
2.
Written notice of such violation shall be served upon the person
to whom the permit was granted or to his agent or employee engaged
in the work. Such notice shall also contain a brief statement of the
reasons for revoking such permit. Notice may be given either by personal
delivery or by United States Mail, addressed to such person to be
notified.
[Ord. 2011-07-05, 7/11/2011]
In the event that any work performed by or for a permit holder
shall, in the opinion of the Borough Manager, be unsatisfactory and
the same shall not be corrected in accordance with his/her instructions
within the time fixed by the Borough, or in the event that the work
for which the permit was granted is not completed within the time
fixed by the Borough, the Borough may proceed to correct such unsatisfactory
work or complete any such work not completed and charge the cost thereof,
plus 20%, to the applicant.
[Ord. 2011-07-05, 7/11/2011]
In the case of any leak, explosion or other accident in any
subsurface pipe, line, construction or apparatus, it shall be lawful
for the person owning or responsible for such pipe, line, construction
or apparatus to commence an excavation to remedy such condition before
securing a permit, provided that application for a permit shall be
made immediately and not later than the next business day thereafter
and that all other provisions of this Part are fully complied with.
If any such emergency conditions shall not be immediately attended
to by the owner or person responsible for such pipe, line, construction
or apparatus, the Borough, after such notice as it shall deem necessary
under the circumstances of the particular case, may proceed to do
the work necessary and required by such emergency and charge the same
on the basis of costs plus 20% to such owner or person.
[Ord. 2011-07-05, 7/11/2011]
Each applicant shall provide the Borough with a surety bond for faithful performance as stipulated in § 21-211. The Borough shall have the right to require a bond in an amount as set from time to time by resolution of the Borough Council if, in the opinion of the Manager, the extent of work to be accomplished under the permit warrants greater bond coverage. Said bond must be written by a reputable surety company licensed to do business in the Commonwealth of Pennsylvania and must be approved by the Borough Solicitor as to form.
[Ord. 2011-07-05, 7/11/2011]
Whenever the Manager shall find that a default has occurred
in the performance of any term or condition of any permit, written
notice thereof shall be given to the principal and to the surety of
the bond. Such notice shall state the work to be done, the estimated
cost thereof and the period of time deemed by the Manager to be reasonably
necessary for the completion of such work.
[Ord. 2011-07-05, 7/11/2011]
The permission herein granted does not confer upon the permittee
or its contractors the right to cut, remove or destroy trees or shrubbery
within the legal right-of-way except under specifications, regulations
and conditions as the Borough may prescribe.
[Ord. 2011-07-05, 7/11/2011]
When the Borough shall improve or pave any street, the Manager
shall first give notice to all persons owning property abutting on
the street about to be paved or improved and to all public utility
companies operating in the Borough, and all such persons and utility
companies shall do all work which would necessitate excavation of
the street within 30 days from the giving of such notice. The time
may be extended if permission has been requested in writing and has
been approved by the Manager.
[Ord. 2011-07-05, 7/11/2011]
If, at any time in the future, the roadway is widened, reconstructed
or the alignment or grades are changed, the permittee further agrees
to change or relocate all or any part of the structures covered by
this permit which interfere with the improvement of the roadway at
its own cost and expense.
[Ord. 2011-07-05, 7/11/2011]
1.
The Borough Council may, by resolution from time to time, set fines
for violation of the provisions of this Part of the Code of Ordinances
of Red Lion Borough.
A.
Failure to secure a permit shall constitute a violation, and, upon
conviction, the offender shall pay a fine of $500 plus costs.
B.
Failure to make a timely application for a permit as outlined in
this Part shall constitute a violation, and, upon conviction, the
offender shall pay a fine of $250 plus costs.
C.
Failure for violating the standards or criteria set forth for making
a street cut or opening and the restoration shall constitute a violation,
and, upon conviction, the offender shall pay a fine of $500 plus costs
in addition to any costs the Borough may expend to correct the restoration.
