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.
[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.