[Ord. 200, 8/6/1990, Subpart D; as amended
by Ord. 256, 5/24/2004]
1.
The intent of this part is to control private excavations
in response to, and private connections to Borough streets and rights-of-way.
These standards are intended to be the same as those published as
regulations of the Pennsylvania Department of Transportation. In the
absence of a Pennsylvania Department of Transportation standard, good
engineering practice shall be the standard.
2.
Permit Required. Before any private excavation, repair
to, or connection to a Borough street or right-of-way is designed,
constructed, reconstructed, or implemented, the person proposing such
work shall apply for a permit together with the required deposit on
the fee, plus all of the required documentation which is required
of an applicant to Pennsylvania Department of Transportation. The
required fee deposit shall be in an amount as established from time
to time by resolution of Borough Council. The actual fee shall be
determined by the cost of engineering/legal review, and the appearance
in any proceedings by the Engineer and/or Solicitor. In the event
of a dispute, the Engineer shall make a determination, which may be
appealed to Borough Counsel under the Local Agency Law, 2 Pa.C.S.A.
§ 105 et seq. Any excess deposit (over $25) not required
to cover legal/engineering expenses incurred by the Borough, shall
be refunded, without interest.
