It shall not be lawful for any person or persons,
firm or corporations, on or after the effective date of this article,
to excavate or make any opening in any street, road, avenue or highway
owned or under the jurisdiction of the Borough of Shrewsbury for any
purpose whatsoever without having first obtained a written permit
on such forms as shall be approved by the Mayor and Council of the
Borough of Shrewsbury. Permits shall not be issued for a period in
excess of one month, and expired permits may be renewed only upon
written request.
Applications for permits shall be filed in triplicate
upon forms provided by the Borough of Shrewsbury. Copies of each application
shall be distributed to the permittee, Borough Clerk and Department
of Public Works Superintendent. The application shall contain the
following information: the date upon which the work shall commence;
the dimensions of the trench and its distance from the center of the
roadway, together with a detailed diagram pertaining thereto; a description
of any special conditions; the name and address of the individual
upon whom notices are to be served; and such additional information
as the Mayor and Council by resolution shall require. The application
shall further provide that the applicant shall not open any section
of the road, street or highway which is not encompassed within said
application except upon receipt or written approval by the Street
Superintendent.
At the time of filing, each application for
a street opening permit shall be accompanied by a nonrefundable application
fee of $25. Said application fee shall be in the form of cash or certified
check.
The Mayor and Council may deny any applicant
permission to open or excavate any Borough street if the applicant
has not completed the restoration of any other street opening within
the Borough to the satisfaction of the Borough Engineer. Upon the
completion of restoration to the satisfaction of the Borough Engineer,
the applicant shall be issued a permit to proceed with its proposed
street opening or excavation.
The permittee shall indemnify and save harmless
the Borough of Shrewsbury, its officers, agents and servants from
and against any loss, injury or damage resulting from the performance
of the work encompassed by the permit.
The work shall be so conducted as not to interfere
with any existing water main, sewer, gas, telephone, electric or cable
or their connections with houses or so as to damage any existing trees
or roots thereof until permission of the proper authorities shall
have been obtained.
In case of an opening in a grass area, the permittee
shall restore the affected grass area with an approved quality of
sod in the approved manner on a suitable base. Any walks, curbs and
appurtenant items damaged or affected herewith shall be restored in
a manner as will be approved by the Borough Engineer.
Under a situation deemed as a true emergency
by the Borough Police Department or other appropriate agency or official,
any person, persons, firm or corporation may enter upon any street
in the Borough of Shrewsbury and make an opening without first making
application and obtaining a permit, without penalty, providing such
application is made and permit is obtained as soon as possible after
the emergency subsides. No other portion of this article is waived
under this emergency provision.
Any person, firm or corporation violating any
provision of this article shall, upon conviction, be subject to a
fine of not less than $50 nor more than $1,250, a term of imprisonment
not exceeding 90 days or a period of community service not exceeding
90 days, or any combination thereof.