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.