No person shall make any excavation in, or tear up the surface of, or jack or drill under, any Borough road, street, sidewalk, or public right-of-way in the Borough for any purpose whatever without first obtaining a permit from the Borough Engineer or the Borough Engineer's designee.
Application shall be made in writing for the permit to excavate or tear up the surface or jack or drill under any Borough street as specified in § 167-8 above. The application should include the purpose of such excavation, a location sketch and, if needed, a plan to address public or traffic safety concerns at the excavation site.
No work covered by a permit shall begin until the Borough Engineer is notified. Notification shall be in writing and be received at least 48 hours in advance of the start of work.
Before any permit shall be issued, a payment or deposit as provided in § 167-26 shall be made to the Borough Clerk or such other person as may from time to time be designated by resolution of the Borough Council. All money so paid or deposited shall be promptly paid to the Borough Clerk to be deposited in the name of the Borough and held for the purpose hereinafter provided.
A. 
Unless the excavation requires the closing of a road, the permittee shall properly guard the excavation by the erection of suitable barriers by day and lights by night, and the permittee shall be liable for any neglect to the safeguard of the traveling public. The Borough Engineer must approve all plans for safeguarding excavations.
B. 
When an excavation requires the closing of a road, in whole or in part, the Borough Engineer will develop or approve a traffic detour plan including specifying the times and dates of the detours, the signage required, and, if needed, the appropriate prenotification process and signage.
The permittee shall be required to restore the opening in accordance to Borough specifications for roadway repair, as directed by the Borough Engineer.
Tunneling shall not be permitted under any circumstances and shall be an unlawful exercise of the privilege under any such permit and a violation thereof, but this shall not be construed as preventing jacking or drilling when proper permits shall have been secured.
Material removed from the opening shall be so placed not to interfere with street drainage. Trenches that cut the full width of the road may only be opened 1/2 of the width of the road at a time. For all other trenches, not more than 200 feet of trench may be opened at any one time. All openings must be closed within the time specified in the permit unless an extension of time is granted.
Upon the completion of the fill and the restoration of the pavement and its approval by the Borough Engineer, the money paid or deposited shall be refunded to the applicant. Should the applicant fail to properly fill and replace the pavement to the satisfaction of the Borough Engineer, the Borough may replace the pavement and charge the cost thereof against the deposit and upon the completion thereof pay the surplus, if any, less a reinspection fee.
In case of public utility openings, the Borough may accept a bond from such utility, in such form and in such amounts, as may be authorized by applicable law. Each and every opening, however, must be treated separately and shall require a separate permit. The bond shall be to guarantee proper restoration of the street on the part of the obligor.
The permittee shall follow all rules, regulations and ordinances governing road openings, and the permit is given with the distinct understanding that it shall be binding the same as though these instructions were fully set forth in the permit.
The permittee shall be released from further obligation when the Borough Engineer shall certify to the Borough Council that such restoration has been completed and the Borough Council shall have approved the same.
A. 
Any person making any excavation in or tearing up the surface of or jacking or drilling under any Borough street without having first secured a permit as provided herein shall be guilty of violation of this chapter.
B. 
Any person failing to properly guard any excavation as herein provided, placing materials removed from an excavation so as to interfere with street draining, opening a trench the full width of any street or more than 200 linear feet at any one time shall be guilty of a violation of this chapter.
A. 
No person shall construct a driveway entrance, or cut, alter or remove a curb, or part thereof, from, to, in or along any public street or right-of-way in the Borough without first having obtained a permit to do so pursuant to the provisions of this chapter, and then only in accordance with and during the life of such permit.
B. 
Application for such permit shall be made in writing and shall be accompanied by a fee as provided in § 167-26 and a sketch showing the location and details of such installation, construction, cutting, alteration or removal. Such application shall be filed with the Borough Engineer, and such permit upon its approval by the Borough Engineer shall be valid for a period of one year from the date of issuance.
Where necessary to facilitate drainage or to prevent cracking or crumbling of the adjacent road surface, to prevent stones or dirt washing or carrying onto the road surface, or otherwise preserve the safety of users of the road, and reduce maintenance requirements, the Borough Engineer shall require, as a condition of such permit, the paving of the first 20 feet of such driveway entrance.
When it becomes necessary to construct a pipe or conduit across a driveway entrance leading from a public highway, or when it becomes necessary to install a pipe or conduit in a ditch adjacent to a public highway, permission must first be obtained from the Borough Engineer. Such installation shall be laid to the line and grade satisfactory to the Borough Engineer so proper drainage will be assured.
No person shall construct any private street, lane, driveway or other means of egress so that water therefrom will flow onto any public street or highway or into any public drains without the permission of the Borough Council.
A. 
Deposits for excavation permits shall be as follows:
(1) 
Deposit (per square yard): $150.
(2) 
Minimum deposit: $1,500.
B. 
Curb removal fees shall be as follows:
(1) 
Fee: $125.
(2) 
Reinspection fee: $75.
C. 
Road opening permit fees shall be as follows:
(1) 
Permit fee: $150.
(2) 
Reinspection fee due to improper closure: $150.
Violations of the provisions of Article III shall be punishable as provided in Chapter 1, General Provisions, Article I, General Penalty, herein. Each violation shall be considered a separate offense. Each day's continued violation shall be treated as a separate offense subject to a separate penalty.