Ordinance #329-92: An Ordinance Requiring permits for Opening Any Road

An ordinance requiring a permit for the opening of any Borough road or street: specifications for work thereon and inspection thereof: and penalty for violation.

Be it enacted and ordained by the Borough Council by the Borough of Darlington and it is hereby enacted and ordained by the same as follows:

Sec. 1.   Conditions for Installation & Maintenance

No gas pipe, water pipe, sewer pipe, electric conduits, or other piping, shall be laid upon or in, nor shall any telephone; telegraph, electric; light, or power poles, or other obstructions, be erected upon or in any portion of a borough road or street, nor shall any opening be made in said street for the purpose of laying such pipe, conduits, or fixing such holes except under such conditions, restrictions, or regulation relating to the installation and maintenance thereof as may be prescribed in permits to be granted by the Borough for such purpose.

Sec. 2.   Application for Permit; Specifications for Work

The application for a permit shall be on a form prescribed by the Borough. The application shall be accompanied by a fee, of which a portion shall be non-refundable which shall be set by resolution of the Borough Council of Darlington from time to time. All work shall be done in compliance with the latest Pennsylvania Department of Transportation Highway Construction Specifications as interpreted by the Borough Engineer.

Sec. 3.   Issuance of Permit

A permit shall be issued to the applicant after an application, accompanied with the aforementioned requirement, has been filed.

Sec. 4. Permit Holder Notifies Borough of Completion of Work

Upon completion of the work, applicant shall give written notice of that fact to the Borough.

Sec. 5.   Inspection of Work: Rectification of Settlement, Defect or Non-Compliance

Upon completion of the work authorized by the permit, the Borough shall inspect the work and shall, when necessary, enforce compliance with the conditions, restrictions and regulations prescribed by the permit. Where any settlement or defect or non-compliance in the work occurs, if the applicant shall fail to rectify the same within sixty (60) days after written notice from the Borough so to do, the Borough may do the work necessary to rectify the mistake or non-compliance and shall impose upon the applicant the cost of its work together with a penalty in an additional amount of twenty-five (25%) percent of that cost.

Sec. 6.   Penalty for Violation

Any person, firm or corporation who shall violate any provision of this Part 1 – 5 shall, upon conviction thereof, be sentenced to pay a fine of not more than three hundred ($300.00) dollars and/or imprisonment for a term not to exceed ninety (90) days.

Enacted and ordained into an Ordinance by the Borough Council of the Borough of Darlington on 2nd day November, 1992.

Romaine Shugars, President of Council

Attest:                                                            Virginia Martin, Secretary of Council

Review and approved this 2nd day of November, 1992.

Earl W. Shugars, Mayor

Posted in Ordinance and tagged , , , , .