[Adopted 12-30-1975 by Ord. No. 171, approved 12-30-1975]
As used in this Article, the following terms
shall have the meanings indicated:
Any natural person, partnership, firm, association or corporation.
Any public street, avenue, road, square, alley, highway or
other public place located in the Borough of Matamoras and established
for the use of vehicles.
It shall be unlawful for any person to open
or to make any excavation of any kind in any street in the Borough
of Matamoras without first securing a permit therefor as hereinafter
provided.
[Amended 4-3-1979, approved 3-6-1979]
Any person who shall desire to make any opening
or excavation in any of the streets in the Borough of Matamoras shall
make application to the Borough Secretary, in writing, for the purpose.
Such application shall be made upon blanks to be furnished by the
borough and shall set forth the name of the applicant, the exact location
of the proposed opening or excavation and the approximate size or
depth thereof and such other information as may be required upon said
application and 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 of Matamoras 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 opening or excavation and all damages to persons
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. To better secure said agreement the
applicant shall furnish the Borough of Matamoras a bond of indemnity
in the sum of five thousand dollars ($5,000.) executed by an approved
bonding or surety company authorized to do business in the Commonwealth
of Pennsylvania.
The Borough Engineer shall promulgate rules
and regulations governing the opening, excavation, refilling, resurfacing
and repaving of streets in the Borough of Matamoras, and after the
same have been approved by the Council of the Borough of Matamoras
and entered upon the minutes of Council, such rules and regulations
shall be the sole criteria for any work to be done or performed by
any applicant or permittee governed by the terms of this Article.
Copies of said rules and regulations shall be furnished to any person
making application hereunder.
[Amended 4-3-1979, approved 3-6-1979]
Before any permit shall be issued to open or
excavate any street or sidewalk or for any pole planting or pole removal,[1] the applicant shall pay to the Borough Secretary a fee
in such sum as shall be set forth on a schedule of fees to be adopted
from time to time by Borough Council.
In the event that any work performed by or for
a permit holder shall, in the opinion of the Borough Engineer, be
unsatisfactory, and the same shall not be corrected in accordance
with his instructions within the time fixed by him, or in the event
that the work for which the permit was granted is not completed within
the time fixed therein, the borough may proceed to correct such unsatisfactory
work or complete any such work not completed and charge the cost thereof
plus twenty-five percent (25%) to the applicant.
In case of any leak, explosion or other accident
in any subsurface pipe, construction or apparatus, it shall be lawful
for the person owning or responsible for such pipe, line, construction
or apparatus to commence an excavation to remedy such condition before
securing a permit, provided that application for a permit shall be
made immediately and not later than the next business day thereafter
and that all other provisions of this Article are fully complied with.
If any such emergency condition shall not be immediately attended
to by the owner or person responsible for such pipe, line, construction
or apparatus, the Borough Engineer, after such notice as he shall
deem necessary under the circumstances of the particular case, shall
proceed to do the work necessary and required by such emergency and
charge the same, on the basis of cost plus twenty-five percent (25%),
to such owner or person.
The Borough Engineer shall give timely notice
to all persons owning property abutting on any street within the borough
about to be paved or improved and to all public utility companies
operating in the borough, and all such persons and utility companies
shall make all water, gas or sewer connections as well as any repairs
thereto which would necessitate excavation of the said street within
thirty (30) days from the giving of such notice, unless such time
is extended in writing for cause shown by the Borough Engineer. New
paving shall not be opened for a period of five (5) years after the
completion thereof, except in case of emergency, the existence of
which emergency and the necessity for the opening of such paving to
be determined by the Borough Engineer. If it is sought to excavate
upon or open a street within five (5) years after the completion of
the paving thereof for any reason other than an emergency as above
stated, the applicant shall make written application to the Borough
Council and a permit for such opening shall only be issued after express
approval of Council.
[Amended 9-6-1988 by Ord. No. 217]
Any person who shall violate any provisions
of this Article shall, upon conviction thereof, be punishable by a
fine of not more than one thousand dollars ($1,000.) and costs of
such proceedings or, upon default of payment of such fines and costs,
by imprisonment in the county jail for a term of not more than thirty
(30) days. The continuation of such violation for each successive
day shall constitute a separate offense, and the person or persons
allowing or permitting the continuation of the violation may be punished
as provided above for each separate offense.
The provisions of this Article shall not apply
to laying sidewalks and curbs.
