[Adopted 8-18-1977 by Ord. No. 672]
[Amended 5-17-2007 by Ord. No. 1029]
A. 
No person, firm or entity shall alter, open, excavate or construct in, under, on or upon any portion of a public highway, street or right-of-way in the Borough of Media except while in possession of a valid license for the same issued by the Secretary of the Borough of Media.
B. 
Any person who shall desire to alter, open, excavate or construct in, under, on or upon any portion of a public highway, street or right-of-way in the Borough shall make application to the Code Enforcement Department in writing for the purpose. Such application shall be made upon forms to be furnished by the Borough and shall set forth the name of the applicant, the exact location of the proposed alteration, opening, excavation, construction or other work and the approximate scope thereof and such other information as may be required upon said application, and it shall contain an agreement on the part of the applicant that the work shall be done in full compliance with the ordinances of the Borough and the laws of the commonwealth in relation thereto and that the applicant shall well and truly save, defend and keep harmless the Borough from and indemnify it against any and all actions, suits, demands, payments, costs and charges for or by reason of the proposed alteration, opening, excavation, construction or other work and all damages to persons or property.
C. 
An application shall not be deemed complete unless accompanied by a deposit of immediately available funds or a form of surety satisfactory to the Borough in an amount determined by the Borough Engineer to be necessary for restoring the public highway, street or right-of-way to its pre-work condition, which deposit will be held by the Borough in escrow until completion of the restoration work to the public highway, street or right-of-way, and upon completion of the restoration work, such deposit shall be returned to the applicant. Any applicant which may perform work on a recurring basis over the course of a year may post an annual maintenance bond to secure the repair of all of such work. If the applicant fails to perform the work necessary to complete the restoration of the public highway, street or right-of-way to its pre-work condition, then the Borough shall provide written notice to the applicant of the Borough's intent to complete the work using the Borough's own work force or contractor, unless the work is completed by the applicant within 20 days following the date of such written notice. If the applicant fails to complete the work within such twenty-day period, then the Borough may complete such work and use the escrow deposit to pay the costs and expenses incurred in connection with such work.
As used in this article, the following terms shall have the meanings indicated:
ALTERATION, OPENING, EXCAVATING and CONSTRUCTING
Includes the construction of a residential or commercial driveway if access is to a public street or right-of-way; the installation of overhead wires, poles, catenaries, conveyors, walkways or any other permanent construction; and underground conduits, vaults, mines, borings or excavations of any nature.
Permits shall be issued only upon reasonable proof of the necessity and the right to alter, open, excavate or construct. Permits shall be issued only upon reasonable assurance being provided that the restoration shall be complete where necessary and where satisfactory safety precautions are being guaranteed during such constructional use or occupancy of the highway.
[Added 5-17-2007 by Ord. No. 1029]
A. 
Any person who shall make any alteration, opening, excavation or construction in any public highway, street or right-of-way in the Borough, whether by drilling, boring, driving or tunneling or trenching under, across or through any street, shall restore the highway, street or right-of-way to a condition equal to or better than its condition prior to such alteration, opening, excavation or construction. Such person shall also be responsible for repairing or restoring any sanitary sewer laterals that may have been damaged by such person's work.
B. 
Any person who shall alter, open, excavate or perform construction in any public highway, street or right-of-way in the Borough shall perform all such work and the restoration work required hereunder in accordance with the standards and provisions set forth in 67 Pa. Code § 459.8, as amended. Likewise, any aboveground construction shall be performed in accordance with 67 Pa. Code § 459.9. All references in foregoing Code sections to the "District Office," the "Department of Transportation" or similar references shall be deemed to be references to the "Borough of Media."
C. 
In addition to the foregoing work standards, the Borough Engineer and/or Code Enforcement Department shall be entitled to promulgate rules and regulations governing the alteration, opening, excavation, refilling, resurfacing and repaving of streets in the Borough of Media, and after the same have been approved by the Council of the Borough and entered upon the minutes of the Council, any work to be done or performed by any applicant or permittee governed by the terms of this article shall be done in compliance with such rules and regulations. Copies of said rules and regulations shall be furnished to any person making application hereunder.
D. 
Notwithstanding anything contained herein to the contrary, the Borough may elect to permit a person who has altered, opened, excavated or performed construction in any public highway, street or right-of-way in the Borough to make a payment to the Borough in lieu of performing the work necessary to restore the condition of the public highway, street or right-of-way in an amount, as determined by the Borough Engineer, equal to the cost that such person would have borne to perform the work to restore the public highway, street or right-of-way, and the Borough shall then be responsible for performing such work.
The fees applicable to the issuance of the permits under this article shall be as published in Chapter 161, Fees, of the Code of the Borough of Media.
[Amended 11-19-1992 by Ord. No. 846]
Any person, firm or corporation violating the provisions of this article by acting without a permit in any instance where a permit is required shall, upon conviction, pay a fine of not more than $600, plus costs of prosecution for each offense and, in default of payment of such fine and costs, be imprisoned for a period not exceeding 90 days.