§ 390-10. Excavations/openings restricted for five years in new pavement.

The Borough 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 30 days from the giving of such notice, unless such time is extended in writing for cause shown by the Borough. New paving shall not be opened for a period of five 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. If it is sought to excavate upon or open a street within five years after the completion of the paving thereof for any other reason than an emergency as above stated, the applicant shall make a written application to the Borough Council, and a permit for such opening shall only be issued after express approval of Council.

A. 

Permit/degradation fee. Prior to the issuance of a permit allowing excavation to be done to a street within five years after the last paving, a degradation fee shall be added to the permit fee. The applicant shall pay to the Borough a degradation fee in addition to the permit fee required in § 390-5 in accordance with the following schedule:

(1) 

For excavations that involve any portion of the paved roadway, including, but not limited to, tarvia or asphaltic surfaced streets, paved streets, either of brick, concrete, andesite or other asphaltic covering on a concrete subbase, or other such rock material other than earth or cinders, the following roadway excavation permit fee shall apply and be added to the permit fee for each excavation as finally restored:

(a) 

Roadway pavement age more than five years: $0.

(b) 

Roadway pavement age less than five years: $100.

(c) 

Roadway pavement age less than four years: $300.

(d) 

Roadway pavement age less than three years: $500.

(e) 

Roadway pavement age less than two years: $700.

(f) 

Roadway pavement age less than one year: $900.

B. 

Validation period. Any permit issued by the Borough for excavation of a street or alley shall be valid for a period of 90 days from the date of issuance, and no work shall be done after the permit has expired. All work shall be done in accordance with the specifications of the Borough Engineer.

Added 8-14-2014 by Ord. No. 2014-01