[Adopted 11-3-1960 by Ord. No. 508]
A. 
The following words, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates otherwise:
PERSON
Includes any natural person, partnership, firm or corporation.
STREET
Any public street or alley located in the Borough of Morrisville, or as to which the Borough exercises control, including all sidewalk areas, but not including those portions of State highways intended for vehicular travel.
B. 
In all cases the singular shall include the plural and the masculine shall include the feminine and the neuter.
It shall be unlawful for any person to make any opening or excavation in or under any of the streets in the Borough of Morrisville without first having secured a permit therefor, which shall be issued by the Borough Secretary or Manager. No such permit shall be issued until the applicant therefor shall have paid the fee of $12, which shall be for the use of the Borough to cover the cost of inspection and other incidental services and of replacement of the street surfacing. In addition to the cost of the permit, the applicant shall also post the estimated cost of replacing any necessary concrete, the entire cost of the replacing of which shall be borne by the applicant. Provided: a permit shall be issued for a fee of $2 to any public utility company which shall have made prior agreement and arrangement with the authorities of the Borough to replace the street surfacing, rather than to have the Borough do so.
Before any permit shall be issued under this article, the applicant therefor shall deposit in the office of the Borough Secretary or Manager, a bond or a cash deposit in such amount as shall be determined by the Borough Secretary or Manager, and on form to be approved by the Borough Solicitor, as reasonably adequate to cover any expenses that may be incurred by the Borough in rectifying any default or defect in refilling such opening or excavation, in replacing any concrete, and, in the case of a public utility company, in restoring the street surface.
In making application for a permit under this article, the applicant shall sign an agreement to well and truly save, defend and keep harmless the Borough from and to indemnify it against any and all actions, suits, demands, payments, costs and charges for or by reason of the proposed opening or excavation, and all damages to any person or property resulting in any manner therefrom, or occurring in the prosecution of the work connected therewith, or from any other matter, cause or thing relating thereto, or from having improperly performed the work, whether any such actions, claims, suits, demands, or the payments caused thereby, shall be based in the fraud of third parties or in innocent demands made justly or unjustly.
Every permit issued under this article shall specify the location, purpose and approximate area of the surface of the street to be disturbed by such opening or excavation, the day or days when such street may be opened under such permit, and the time limit for refilling such excavation. The holder of such permit shall comply strictly with all the terms of such permit, and, prior to the date specified therein for refilling such excavation, shall refill the same thoroughly and completely, puddling and ramming so as to prevent any settling thereafter. All concrete removed shall be properly replaced on or before the date provided therefor in the permit.
During the time that any street shall be opened or excavated under this article the holder of the permit therefor shall take every necessary, reasonable and adequate precaution to keep the street in a safe and passable condition, both day and night, by the use of guards, barriers, lanterns and/or other protective or warning devices.
[Amended 5-14-1985 by Ord. No. 800]
Any person who shall violate or fail to comply with any of the provisions of this article shall, upon conviction thereof, be sentenced to pay a fine of not more than $300 and costs of prosecution, or to imprisonment for a term not to exceed 30 days. Every day that a violation of this article continues shall constitute a separate offense.