[Adopted 4-1-1991 by Ord. No. 277]
In order to protect the health and safety of the traveling public, it is in the public interests to regulate:
A. 
The locations and construction of utility facilities and other structures within the Borough's right-of-way.
B. 
The location, design, construction, maintenance and drainage of access driveways and private streets within the Borough's right-of-way, for the purpose of insuring the structural integrity of the street, economy of maintenance, preservation of proper drainage, and safe and convenient passage of traffic.
A. 
No work shall be performed within the right-of-way involving the placing or repair of utility facilities or other structures, opening of the surface for any purpose, laying out or constructing driveways or roads or any other means of ingress or egress, or altering of drainage without first obtaining a permit from the Borough.
B. 
Nothing in this section shall be construed to require a permit in advance for emergency repairs necessary for the safety of the public or restoration of service, but application for such permit and the fees shall be submitted as herein prescribed within five days after the commencement of the work
A. 
The application for a permit shall be on a form prescribed by the Borough and the required number of copies shall be submitted to the Borough's designated representative. The application for permit shall be accompanied by the required number of copies of a plan detailing the location and pertinent dimensions of the opening, the proposed installation and related street features (width of traveled roadway, right-of-way lines, distance to the nearest intersecting street, and for driveways, distance to side property lot lines).
B. 
The Council shall establish, by resolution, the required number of copies.
The application for permit shall be accompanied by fees in accordance with the Schedule of Fees set forth by the Pennsylvania Department of Transportation for highway occupancy permits and restoration charges. These fees shall cover the cost of processing the application and the first inspection of the work. Fees for additional inspections will be the cost of making the inspection and all overhead.
A. 
Drainage control.
(1) 
No increase in the flow of water onto the roadway or right-of-way or onto the property of some other person will be permitted without a drainage control plan.
(2) 
If an increase of runoff as described in Subsection A(1) will occur, appropriate releases shall be obtained from the owners of land receiving the increased run-off and submitted with the application. The drainage release shall be in a form approved by the Borough Solicitor, shall be notarized, shall be recorded in the office of Recorder of Deeds and shall constitute an enforceable covenant running with the land.
B. 
Work standards. All work shall be done in such a manner as shall be consistent with the safety of the public. Where traffic control is necessary, it shall be accomplished according to the appropriate standards of the Pennsylvania Department of Transportation regulating work site traffic control in effect at the time the work is performed.
C. 
Damage to public facilities. The permittee shall restore all pavement and shoulders to their former condition at the expense of the permittee and shall be responsible for repairing any failure of facilities within two years of completion of the work. If the permittee fails to comply with this section, Borough may complete the necessary repairs and collect the costs as per § 350-27 of this article.
D. 
Driveway and private street location.
(1) 
All driveways and private streets shall be located, designed, constructed, and maintained so as not to interfere with the design, maintenance, and drainage of the street being intersected and to be consistent with Chapter 355, Subdivision and Land Development.
(2) 
Driveways shall be permitted only at locations with adequate sight distance and which will not create a traffic hazard. Locations of private streets shall conform to the standards of Chapter 355, Subdivision and Land Development.
E. 
Driveway design standards. All driveways must be constructed according to the current standards of the Pennsylvania Department of Transportation.
F. 
Work schedule. All work involving cuts into the traveled portion of the road must be started within 15 days of permit issuance. All such work must be completed within 180 days of work commencement.
G. 
Indemnification. The permittee shall fully indemnify and save harmless and defend the Borough, its officials, agents, and employees, of and from all liability for damages or injury occurring to any person or persons or property through or in consequence of any act or omission of any contractor, agent, servant, employee or person engaged or employed in, about, or upon the work, by, at the instance, or with the approval or consent of the permittee; from any failure of the permittee or any such person to comply with the permit or this chapter; and, for a period of two years after completion of the permitted work, from the failure of the highway in the immediate area of the work performed under the permit where there is no similar failure of the highway beyond the area adjacent to the area of the permitted work.
Upon completion of the work authorized by permit, the Borough through its designated representative may cause the work to be inspected and may enforce compliance with the conditions prescribed by the permit and this article. If the permittee shall fail to rectify any defect within 30 days' of written notice from the Borough to do so, the Borough may cause the work to be performed and impose upon the applicant the cost thereof together with an additional 20% of such cost to offset administrative costs. All costs incurred by the Borough in collection, including its reasonable attorney's fees, shall be borne by the permittee.
[Amended 10-4-2021 by Ord. No. 445]
Any person violating any provision of this article shall, upon conviction thereof in a summary proceeding, be sentenced for each violation to pay a fine of not less than $100 nor more than $1,000 and costs of prosecution, including the Borough's reasonable attorneys' fees, which fines and penalties may be collected as provided by law. Each day that a violation continues shall be separate offense, and each section of this article which is violated shall be a separate offense.