1. No person, firm or corporation shall dig open any street, alley or sidewalk of the Borough of Marysville or make any excavation therein, for any purpose whatsoever, without first obtaining from the Borough Secretary a written permit to do so and paying for said permit a fee in an amount as established from time to time by resolution of Borough Council, excepting only that a permit shall not be required for public work done pursuant to contracts with the Borough of Marysville or by the Borough. Within 30 days after any such opening in a street or macadam alley, the person, firm or corporation performing such work shall pay to the Borough an additional fee in an amount as established from time to time by resolution of Borough Council. [Ord. 553}
2. Any permit issued under this Part shall set forth the location and description of the premises for which said opening is to be made, the owners thereof, the dimensions and purpose of the opening, and the time during which said opening shall be unpaved. No opening shall remain unpaved for more than 6 days unless the Borough Manager shall extend said time in writing for a period not exceeding 6 additional days.
3. Before the issuance of any permit hereunder the applicant shall agree that, if, because of settling or any other reason within a period of 2 years after the opening is filled and restored, any costs shall be incurred by the Borough of Marysville to correct the damage to the restored surface resulting directly or indirectly from said excavation, including any legal or engineering services, the applicant will reimburse the Borough of Marysville for the amount of the said additional costs.
4. The permit shall be issued subject to regulations by the Borough Council, preventing unnecessary interference with the proper use of the highway by the public, and subject to the following conditions: The applicant shall furnish, place and maintain suitable and sufficient warning signs, flashing lights, flags, arrow boards and approved reflectors, do or allow no tunneling; fence or barricade the excavation area while said openings are in place; and indemnify and save harmless the Borough and its agents from all suits, actions or claims of any character brought for or on account of any injuries or damages received or sustained by any person or persons during the performance of the work by said applicants.
{Ord. 446, 7/12/1993, §§1-4; as amended by Ord. 553, 5/10/2004, §1)