As used in this article, the following terms shall have the
meanings indicated:
APPLICANT
Any person who makes application for a permit.
EMERGENCY
Any unforeseen circumstances or occurrences, the existence
of which constitutes a clear and immediate danger to persons or properties.
MANAGER
The Manager of the Borough or his or her authorized deputy,
representative or inspector.
NEW IMPROVED STREET
Newly constructed cartways, including base and surfacing
of either concrete or asphalt and reconstructed cartways surfaced
with a topcoat of at least 1 1/4 inch of asphalt.
PERMITTEE
Any person who has been issued a permit and has agreed to
fulfill all the terms of this article.
PUBLIC UTILITY COMPANY
Any public water or sewer authorities operating within the
Borough, and any gas, electric or telecommunications companies subject
to the jurisdiction of, and/or control by, the Pennsylvania Public
Utility Commission.
STREET
A public right-of-way, road, avenue, boulevard, alley, highway,
freeway, parkway, land, viaduct and any other ways intended to be
used by vehicular traffic and accepted or maintained by the Borough
or open for travel and use by the public.
The application for a permit shall be on a form prescribed by
the Borough. The application shall be accompanied by a fee in accordance
with the schedule of fee set forth by the Borough Council for highway
occupancy permits and restoration charges. In addition, the applicant
shall submit three copies of a sketch, including but not limited to
the proposed improvement, dimensions of proposed work (including depth)
location, width of the traveled roadway, right-of-way, right-of-way
lines and distance to the nearest intersecting street.
A permit shall be issued to the applicant after all the requirements
have been filed.
No person to whom a permit has been granted shall perform any
additional work outside the scope of the granted permit. If the situation
arises that the permittee determines additional work may be needed,
not more than 10% of the amount specified in the permit, the permittee
may apply to the Manager for an amended permit to perform the additional
work. If the additional work exceeds 10% of the amount specified in
the original permit, an application for a new permit shall be made.
Any deposit or bond posted for the original permit shall be deemed
to cover any such additional work in the amended permit.
Upon completion of the work authorized by the permit, the Borough
shall inspect the work and, when necessary, enforce compliance with
the conditions, restrictions and regulations prescribed by the permit.
Where a settlement or defect in the work occurs, the applicant shall
have 60 days after written notice from the Borough to rectify said
settlement or defect. If the rectification does not occur by the 60th
day, the Borough may complete the work and impose upon the applicant
the cost thereof, as well as an additional 20% of such cost.
Permits are not transferable from one entity to another, and
the work shall not be performed in any place other than the location
specifically designated in the permit.
Every permit shall expire at the end of the period of time set
out in the permit. If the permittee is unable to complete the work
within the specified time, he or she shall, prior to expiration of
the permit, present a written request to the Manager for an extension
of time. This request shall set forth the reason(s) for the requested
extension. If the Manager finds that the failure to complete the permitted
work within the time specified was due to circumstances reasonably
beyond the control of the permittee, and that an extension of time
to complete the permitted work is necessary and not contrary to the
public interest, then the permittee may be granted additional time
for the completion of the work.
The provisions of this article shall not be applicable in those
instances where the street or highway is maintained by the Commonwealth
of Pennsylvania. In the interest of public safety, however, the Manager
shall be notified of street excavations on state roadways before work
commences.
Each permit shall be granted subject to the right of the Borough,
or of any other person entitled thereto, to use he street for any
lawful purpose not inconsistent with the permit.
It shall be the duty and responsibility of any applicant to:
A. Follow the provisions of this article regarding written application
to the Manager.
B. Agree to save and hold harmless the Borough, its officers, employees
and agents from all costs, damages and liabilities which may accrue
or be claimed to accrue by reason of any work performed under said
permit. The acceptance of a permit shall constitute such an agreement
by the applicant whether the same is expressed or not.
It shall be the duty and responsibility of any person receiving
a permit to:
A. Pay a permit fee as set forth in the Borough's Schedule of Fees
resolution.
B. Make a deposit to cover any additional costs borne by the Borough and specifically related to the work authorized by the permit. The amount of such a deposit shall be computed by the Manager as provided in §
160-40 of this article.
If the work to be undertaken by the permittee is such that it
will affect the use of properties abutting or adjoining the project,
the Manager may require the permittee to submit a list of owners and/or
tenants and/or addresses of all properties abutting the area where
the work authorized by the permit is to be performed. Upon receipt
and Manager approval of such list, the permittee shall give written
notification to the affected property owners and/or tenants of the
proposed work to be done.
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 in 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.