[Adopted 10-8-1964 by Ord. No. 161 (Ch. 21, Part 1A, of the 1983 Code of Ordinances)]
A. 
The following words, when used in this article, shall have the meanings ascribed to them in this section, except in those instances where the context clearly indicates otherwise:
PERSON
Any natural person, partnership, firm, association or corporation.
STREET
Any public street, avenue, road, square, alley, highway or other public place located in the Borough of Catawissa and established for the use of vehicles.
B. 
In this article, the singular shall include the plural and the masculine shall include the feminine and the neuter.
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 of Catawissa without first securing a permit therefor, as hereinafter provided.
Any person who shall desire to make any opening or excavation in any of the streets in the Borough of Catawissa shall make application to the Mayor or Borough Secretary, in writing, for the purpose. Such application shall be made upon blanks to be furnished by the Borough; and shall set forth the name of the applicant, the exact location of the proposed opening or excavation, and the approximate size or depth thereof, and shall contain an agreement on the part of the applicant that the work shall be done in full compliance with the ordinances of the Borough and the laws of the commonwealth in relation thereto, and that the applicant shall well and truly save, defend and keep harmless the Borough from and indemnify it against any and all actions, suits, demands, payments, costs and charges for or by reason of the proposed opening or excavation, and all damages to persons or property resulting in any manner therefrom, or occurring in the prosecution of the work connected therewith, or from any other matter, cause or thing relating thereto.
[Amended 6-9-1983 by Ord. No. 268; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Before any permit shall be issued to open or excavate any street in the Borough, the applicant shall pay to the Mayor or Borough Secretary a permit fee in the amount of $50 to cover the cost of issuing the permit, inspection of the opening, and other incidental services in connection therewith. When such application shall be made to open or excavate any longitudinal opening of 10 feet or less, before any permit shall be issued so as to open or excavate, the applicant shall make a cash deposit of $500, or furnish good and sufficient bond in the sum of $500 conditioned for the proper restoration of the surface of said street. A like deposit or bond shall be required for each additional longitudinal opening of 10 feet or part thereof.
Any person who shall open or excavate any improved street in the Borough shall thoroughly and completely refill the opening or excavation, tamping and ramming so as to prevent any settling thereafter; and shall restore the surface to the same condition as it was before the opening or excavation, and such restoration shall be in accordance with the specifications of the Department of Transportation of the Commonwealth of Pennsylvania which are hereby adopted as specifications of the Borough for restoration of surfaces of streets in the Borough; as restored, the surface shall conform to the proper grade and be of the same surface covering as the part of the thoroughfare immediately adjoining the opening. If within two years after the restoration of the surface as herein provided, defects shall appear therein resulting from defective backfilling by the applicant, the applicant shall reimburse the Borough for the cost of all necessary repairs to the permanent paving.
All other work in connection with openings in any street, including excavation, protection, refilling and temporary paving, shall be done by the applicant at his expense, and all such work shall be subject to the provisions of this article and to the supervision and approval of the Borough Engineer or Street Superintendent.
A. 
No opening or excavation in any street shall extend from the curbline onto the highway beyond the center line of the street before being refilled and the surface of the highway restored to a condition safe and convenient for travel.
B. 
No more than 500 feet longitudinally shall be opened in any street at any one time.
C. 
The work of excavation shall be so conducted as not to interfere with the water mains, sewers or their connections with the houses, or any other subsurface lines or constructions until permission of the proper authorities in connection with such subsurface lines or constructions shall have been obtained.
D. 
No tunneling shall be allowed without the express approval of the Borough Engineer or Street Superintendent and permission therefor endorsed upon the permit. The backfilling of a tunnel excavation shall be made only in the presence of the Borough Engineer or Street Superintendent, or his or her duly designated inspector, and shall be done only in a method approved by the official in charge of said project or such inspector.
E. 
All openings or excavations shall be backfilled promptly with suitable materials and thoroughly compacted in layers, each of which shall not exceed six inches in depth. On improved streets, the backfilling shall be placed to within 10 inches of the surface.
F. 
During the making of any excavation in any street, every necessary and reasonable precaution shall be taken by the applicant and the parties making the same to keep the street in a safe and passable condition both day and night by guards, barriers, lanterns and other devices; and any excavating permit is granted under and subject to the express condition that the person to whom the same is issued shall indemnify, save and keep harmless the Borough from any loss or damages or otherwise whatsoever which may or shall be occasioned at any time by the said excavation or by any leak, explosion or other injury from any pipe, apparatus, conduit, or any other matter placed in the said excavation.
G. 
The applicant shall notify the Borough Engineer or Street Superintendent when the opening or excavation is ready for backfilling before any backfilling is done, and when the work is completed by proper backfilling in the case of unimproved streets and by temporary paving in the case of improved streets.
H. 
In the event that any work performed by or for a permit holder shall, in the opinion of the Borough Engineer or Street Superintendent, be unsatisfactory and the same shall not be corrected in accordance with his instructions within the time fixed by him, or in the event that the work for which the permit was granted is not completed within the time fixed by the Mayor or Borough Secretary, 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.
[Amended 6-9-1983 by Ord. No. 268; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
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 the Borough correctional facility for a period not exceeding 10 days or to the county correctional facility for a period not exceeding 30 days. Each day that such violation exists shall constitute a separate offense, and each section of this article that is violated shall also constitute a separate offense. In addition to or in lieu of enforcement under this section, the Borough may enforce this article in equity in the Court of Common Pleas of Columbia County.