[Adopted 5-3-2016 by Ord. No. 2016-01]
This article shall be known and may be cited as the "Elverson Borough Street Occupancy Ordinance."
A. 
It shall be unlawful for any person, including any municipal authority, to perform any work involving the opening of or the excavation in or under any Borough street, and/or involving the use of any Borough street by construction vehicles, unless and until a permit therefor has been secured from the Borough. All work performed within the right-of-way shall conform to the provisions of PennDOT Publication 213, PennDOT Publication 408, and any other related PennDOT publications that involve regulations for work within public rights-of-way, and the latest amendments to those PennDOT publications, unless superseded by more restrictive specifications that may be issued and made available by the Borough. A permit shall not be required, however, in the following instances:
(1) 
Placing of newspaper receptacles or mailboxes.
(2) 
Accessing a utility facility through a manhole, if no construction vehicles are involved.
B. 
In the case of emergency repairs for utility facilities, a permit shall not be required prior to making an opening in the street and repairing the facility; however, a permit shall be required prior to placement of final backfill material and permanent pavement restoration.
Repair by permittee. Any damage done within a Borough street right-of-way by the permittee or its agent shall be repaired by the permittee or its agent, as determined by and to the satisfaction of the Borough. This shall include damage done as part of the execution of the work and/or damage done by construction vehicles traveling to/from the work site.
A. 
Application for permit. An application for a permit required by this article shall be submitted to the Borough Secretary in duplicate. The application shall be accompanied by a fee as determined by resolution. All fees received by the Borough shall be paid into the Borough treasury.
B. 
Conditions of a permit. If required by the Borough, an applicant shall enter into an agreement with the Borough in the form of the agreement[1] that is attached to this article, requiring a cash deposit in an amount determined by the Borough to ensure proper completion of the work and compliance with the requirements of this article for the performance, construction, and maintenance of the street opening and/or for any repairs needed due to damage caused by construction vehicles. Any expenses incurred by the Borough to correct a violation of the requirements of this article shall be reimbursed to the Borough from the cash deposit. Upon completion of the work authorized by the permit and upon approval of the Borough that the street repair has been performed as required, the Borough shall release the cash deposit.
[1]
Editor's Note: Said agreement is on file in Borough offices.
C. 
Life of the permit. A permit shall be valid until the completion date specified on the permit. If the permittee has not completed all authorized work by the completion date specified on the permit, an application shall be submitted requesting a time extension. If approved, a supplemental permit will be issued by the Borough.
D. 
Authorization to begin work. A permit issued in accordance with the requirements of this article will be the applicant's authority to proceed with the work and will serve as a receipt for the fees accompanying the application. The permittee shall notify the Borough Engineer 48 hours in advance of any backfill or pavement restoration work so that the work may be inspected as it is performed.
E. 
Additional notifications. At least 48 hours in advance of beginning work in a street, the permittee shall verbally notify the Borough office, the Twin Valley School District, and all area emergency service providers, as identified on the permit. In the case of an emergency street opening, verbal notification shall be given to the above-referenced entities as soon as possible.
F. 
Additional deposits and fees. Should the costs of restoration and/or inspections exceed the amount of the fees and/or possible cash deposit required by Subsections A and B of this section, the applicant shall, upon written notification from the Borough, immediately reimburse the Borough.
G. 
Street restoration details. All restoration shall be constructed in accordance with the standard details attached to this document, SSM drawing numbers 105325.2016.A.001 through A.006, as may be amended from time to time by resolution of Borough Council.[2]
[2]
Editor's Note: Drawings for curb, sidewalk and driveway construction are an attachment to this chapter.
Any person who violates or permits a violation of this article shall be subject to a civil penalty not to exceed $600 per violation. In any case where a penalty for a violation of this article has not been timely paid and the person upon whom the penalty was imposed is found to have been liable therefor in civil enforcement proceedings, the violator shall be liable for the penalty imposed, including additional daily penalties for continuing violations, plus court costs and reasonable attorneys' fees incurred by the Borough in the enforcement proceedings. The civil enforcement proceedings shall be initiated by complaint or by such other means as may be provided by the Pennsylvania Rules of Civil Procedure.
Should any section, subsection, sentence, clause or phrase of this article be declared invalid by a court of competent jurisdiction, such decision shall not affect the validity of the article in its entirety or of any other part thereof other than that part declared to be invalid.