It shall be unlawful for any person to open or to make any excavation
of any kind in any street in the Borough of Schwenksville ("the Borough"),
except in and upon those portions thereof established for the use
of vehicles.
It shall be unlawful for any person to open or to make any excavation
of any kind in any of the streets or connecting to any of the streets
in the Borough without first securing a road opening/highway occupancy
permit (a "permit") as provided for in this article.
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, provided that the Borough Engineer may require
that cutting of the surface of improved streets and the backfilling
of all excavations therein shall be done by the Borough, and the charge
therefor shall be paid by the applicant on the basis of actual cost
of the work, plus 20%.
In the case of any leak, explosion or other accident in any
subsurface pipe, line, construction or apparatus, it shall be lawful
for the person owning or responsible for such pipe, line, construction
or apparatus, to commence an excavation to remedy such condition before
securing a permit, provided that application for a permit shall be
made immediately and not later than the next business day thereafter,
and that all other provisions of this article are fully complied with.
If any such emergency condition shall not be immediately attended
to by the owner or person responsible for such pipe, line, construction
or apparatus, the Borough Engineer, after such notice as he shall
deem necessary under the circumstances of the particular case, shall
proceed to do the work necessary and required by such emergency, and
charge the same on the basis of cost plus 20% to such owner or person.
Payment for all work done by the Borough under the provisions
of this article shall be made by the person made liable therefor under
the provisions hereof within 30 days after a bill therefor is sent
to such person by the Borough. Upon failure to pay such charges within
such time, the same shall be collectible by the Borough in the manner
provided by law for the collection of municipal claims.
Any person, firm or corporation who shall violate any provision
of this article, upon conviction thereof in an action brought before
a magisterial district judge, in the manner provided for the enforcement
of summary offenses under the Pennsylvania Rules of Criminal Procedure,
shall be sentenced to pay a fine of not more than $1,000 plus costs,
and in default of payment of said fine and costs, to a term of imprisonment
not to exceed 90 days. Each day that a violation of this article continues
or each section of this article which shall be found to have been
violated shall constitute a separate offense.