[Adopted 8-24-2010 by Ord. No. 2010-011]
When the Borough shall improve or pave any street, the Borough Clerk shall first give notice to all persons owning property abutting on the street about to be paved or improved, and to all public utilities and authorities operating in the Borough, and all such persons, utilities and authorities shall make all connections as well as any repairs thereto which would necessitate excavation of the street within 60 days from the giving of such notice. The time shall be extended if permission is requested in writing and approved by the Borough Clerk after review by the Zoning Review Agent.
No permit shall be issued by the Borough Clerk to any person given notice under this article which would allow an excavation or opening in a paved and improved street surface less than five years old unless the applicant can clearly demonstrate that public health or safety require that the proposed work be permitted, or unless an emergency condition exists.
If, by special action of the Borough Clerk upon receipt of a written recommendation from the Zoning Review Agent, a permit is issued to open any paved and improved street surface less than five years old, a penalty charge shall be made for the opening, except that the penalty shall be waived in the event the work is of an emergency nature. The penalty charge shall be on a sliding scale and shall be equal to two percent of the cost of restoring the opening for each unelapsed month, or fraction thereof, of the five year restricted period. Said penalty charge to be calculated in writing by the Zoning Review Agent.