[Adopted 6-14-2000 by Ord. No. 913]
The following words, when used in this article,
shall have the meanings ascribed to them in this section, except in
those instances where the context clearly indicates otherwise:
Any person who makes application for a permit pursuant to
this article.
The Borough Engineer or his or her authorized deputy, representative
or inspector.
The Borough Secretary of the Borough of Emsworth, or his
or her authorized agent or representatives.
The Code Enforcement Officer of the Borough of Emsworth,
or his or her authorized deputy or representative.
Any circumstance or occurrence, the existence of which constitutes
a clear and immediate danger to persons or properties.
Newly constructed cartways including base and surfacing of
either concrete or asphalt and reconstructed cartways surfaced with
at least 1 1/2 inch top asphalt. Any street constructed, reconstructed
or resurfaced within a sixty-month period immediately preceding the
street opening shall be considered "newly improved" for the purposes
of this article.
[Amended 3-9-2011 by Ord. No. 978]
Any person who has been issued a permit and has agreed to
fulfill all the terms of this article.
Includes any natural person, partnership, firm, entity, association
or corporation.
Allegheny County Sanitary Authority (ALCOSAN), any cable
television company, fiber optic company, utility company such as water,
gas, electric or the like, or any company subject to the jurisdiction
of any control by the Pennsylvania Public Utility Commission.
A public street, public drive, public easement, public lane,
public right-of-way, public avenue, public highway, public alley,
public sidewalk, public way, public square or public road accepted
or maintained by the Borough of Emsworth, or open for travel and use
by the public, whether or not so accepted or maintained, including
the entire area within the right-of-way thereof.
A.
Permit required. It shall be unlawful for any person
to make any tunnel, opening, or excavation of any kind in or under
the surface of any street or within any Borough right-of-way or easement
without first securing a permit from the Borough Secretary for each
separate undertaking; provided, however, any person maintaining pipes,
lines or other underground facilities may proceed with an opening
without a permit when emergency circumstances demand the work to be
done immediately, provided the permit could not reasonably and practically
have been obtained beforehand. In such cases where emergency openings
are necessary, however, the Borough shall be notified prior to such
openings in one of the following manners:
(1)
Facsimile notification;
(2)
Telephone notification; or
(3)
Pennsylvania One Call.
(4)
The person shall thereafter apply for a permit on
the first regular business day on which the office of the Borough
Secretary is open for business and said permit shall be retroactive
to the date when the work was begun.
B.
Street openings limited. No person to whom a permit
has been granted shall perform any of the work authorized by such
permit in any amount greater than that specified in the permit, except
that where the permittee desires to perform additional work not in
excess of an amount greater than 10% of the amount specified in the
permit; permittee may apply to the Borough Secretary for an amended
permit to permit the additional work. If the additional work desired
to be performed by the permittee exceeds 10% of the amount specified
in the original permit, an application for a new permit shall be made.
Any deposit or bond posted in connection with the original permit
shall be deemed to cover any such additional work as may be added
pursuant to the issuance of an amended permit within the limit specified
herein.
C.
Commencement of work. Work for which a permit has
been issued shall commence within 30 days after the issuance of the
permit therefor. If not so commenced, the permit shall be terminated
automatically unless the permittee applies for an extension of time
within which to commence work. If such an extension is granted, the
original permit shall remain in force for the period of time specified
in the extension. Permits which terminate for the failure to commence
work within 30 days after the issuance of a permit or within any extension
of time granted hereunder, may be renewed only upon the payment of
an additional permit fee as originally required.
D.
Permits nontransferable. Permits are not transferable
from one person or entity to another and the work shall not be performed
on any sites other than the location specifically designated in the
permit.
E.
Expiration of permits. Every permit shall expire at
the end of the period of time, which shall be delineated in the permit.
If the permittee shall be unable to complete the work within the specified
time, the permittee shall, prior to expiration of the permit, present
in writing to the Borough Secretary a request for an extension of
time setting forth therein the reasons for the requested extension.
If the Borough Secretary finds that the failure to complete the work
under the permit within the time specified therein was due to circumstances
reasonably beyond the control of the permittee and that an extension
of time to complete the work under the permit is necessary and not
contrary to the public interest, the permittee may be granted additional
time for the completion of the work.
F.
Municipal cuts. All street openings required by the
Borough of Emsworth shall be made and restored under the direction
and supervision of the Borough Engineer. The permit, fee, deposit,
insurance, and bond requirements of this article shall not be applicable
to any openings made by Borough-owned and/or -operated utilities,
or the Borough Public Works Department and/or its agents.
G.
State and county highways. The provisions of this
article shall not be applicable in those instances where the street
or highway is maintained by the commonwealth or by the County of Allegheny;
provided, however, that any person applying for a permit to do work
within the right-of-way of a street or highway maintained by the Commonwealth
of Pennsylvania or by the County of Allegheny which would otherwise
require a permit under the terms of this article shall notify the
Borough Secretary at the time that said application is made and at
the time that the work under any permit issued pursuant to said application
is begun, so that proper safety precautions may be taken by the Borough
during the continuation of said work.
H.
Rights of Borough of Emsworth. Every permit shall
be granted subject to the right of the Borough of Emsworth or of any
other person entitled thereto to use the street for any purpose for
which such street may lawfully be used not inconsistent with the permit.
I.
Revocation of permits. Any permit may be revoked by
the Borough Secretary, after notice to the permittee, for:
(1)
Violation of any condition of the permit or of any
provision of this article;
(2)
Violation of any other applicable provision of the
Borough Municipal Code, or any law relating to the work; and
(3)
Existence of any condition or the committing of any
act constituting or creating a nuisance or endangering the life or
property of others.
J.
A permittee shall be granted a period of three days
from the date of the notice to correct the violation and to proceed
diligently with the work authorized by the permit before said permit
is revoked.
K.
Written notice of any such violation or condition
shall be served upon the permittee or his agent engaged in the work.
The notice shall contain a brief statement of the reasons for revoking
the permit. Notice may be given either by personal delivery thereof
to the person to be notified or by certified or registered United
States mail addressed to the person to be notified.
L.
When any permit has been revoked and the work authorized
by the permit has not been completed, the Borough Secretary shall,
at his/her discretion and control, do all measures which may be necessary
to restore the street or part thereof as to good a condition as before
the opening was made. All expenses thereby incurred by the Borough
shall be recovered from the deposit or bond the permittee has made
or filed with the Borough.
A.
Duties and responsibilities of applicant. It shall
be the duty and responsibility of any applicant to:
(1)
Make written application for such permit with the
Borough Secretary on such forms as he/she shall prescribe. No work
shall commence until the Borough Secretary has approved the application
and plan and issued a permit and, further, until the permittee has
paid and provided all required costs, fees, deposits, certificates,
and bonds.
(2)
Furnish in triplicate a detailed plan showing the
work to be performed under said permit. Two copies of such plan shall
be returned to the applicant at the time the permit is granted.
(3)
Agree to save the Borough of Emsworth, its officers,
employees and agents harmless from any and all costs, fees, damages
and liabilities which may accrue or be claimed to accrue by reason
of any work performed under said permit. The acceptance of a permit
shall constitute such an agreement by the applicant whether the same
is expressed or not.
B.
Duties of permittee. It shall be the duty and responsibility
of any person or entity receiving a permit to:
(1)
Pay a minimum permit fee of $60 which includes the
first 50 square feet of opening, plus any additional fees in conformance
with the fee schedule of the Borough of Emsworth. Said fees may hereafter
be amended by ordinance or resolution of the Borough Council of the
Borough of Emsworth. In addition to the foregoing fees, all fees and
costs of the Borough Engineer for inspection or other work shall be
paid by the applicant, together with the sum of 15% of said total
fees and costs to defray the administrative expenses of the Borough
of Emsworth. Public utility companies may elect to be billed monthly
for such fees as they accrue, upon prior written notice to the Borough
of Emsworth Code Enforcement Officer.
(2)
Make a sufficient deposit to cover any additional
costs borne by the Borough of Emsworth specifically related to the
work authorized by the permit and the cost of restoring the street
surface removed or damaged by the work done under such permit. The
amount of such deposit shall be computed by the Borough Engineer as
provided in this article. In the case of public utility companies,
the Borough of Emsworth may waive this requirement of a deposit if
said utility companies file with the Borough of Emsworth their corporate
bond in a form satisfactory to the Borough Solicitor, conditioned
upon the payment to the Borough of all costs which would otherwise
be covered by and paid out of such a deposit. In the event such utility
companies elect to file such a bond, the Borough of Emsworth shall
bill such public utility companies monthly for such costs as they
accrue.
(5)
Submit, when required by the Borough Secretary, a
list of property owners and/or tenants and/or addresses of all properties
abutting the area where the work authorized by the permit is to be
performed.
(6)
Present evidence, when required, that all materials,
labor and equipment which are essential to complete such work are
authorized by the permit and are available.
(7)
Maintain the original copy of the permit and an approved
copy of the plan at all times while such work is in progress at the
location for which such permit was granted and show such permit and/or
plan upon demand by a Borough of Emsworth official.
(8)
Provide advance notification to operators of underground
facilities concerning excavation, auguring, blasting or other activities,
which may endanger underground facilities, using the Pennsylvania
One Call System.
A.
Opening and excavation restrictions.
(1)
No opening or excavation in any street shall extend
beyond the center line of the street before being backfilled and the
surface on the street temporarily restored.
(2)
No more than 250 feet measured longitudinally shall
be opened in any street at any one time, except by special permission
of the Borough Engineer.
(3)
All utility facilities shall be exposed sufficiently
or a definite location shall be determined ahead of trench excavation
work to avoid damage to such facilities and to permit, if necessary,
their relocation.
(4)
Pipe drains, pipe culverts, or other facilities encountered
shall be protected by the permittee.
(5)
Any person or entity whose facilities are damaged
or caused to be relocated by the permittee shall notify the permittee
and the Borough of Emsworth of such damage and thereafter may make
the necessary repairs or relocation and (in conjunction with notifying
the Borough of Emsworth of such) may file a claim against the permittee
for the costs of such repairs or relocation. The public utility companies
involved will be notified by the Borough of Emsworth in time to determine
the validity of the damage or relocation claims. The cost of such
repair work or relocation work may be withheld by the Borough Secretary
from the deposit, pending determination of liability for the damages.
(6)
Monuments of concrete, iron, or other long-lasting
material set for the purpose of locating or preserving the lines of
any street or property subdivision, or a precise survey reference
point or a permanent survey bench mark within the Borough of Emsworth
shall not be removed or disturbed or caused to be removed or disturbed
unless permission to do so is first obtained in writing from the Borough
Secretary. Permission shall be granted only upon condition that the
permittee shall pay all expenses incident to the proper placement
of the monument.
(7)
When work performed by the permittee interferes with
the established drainage system of any street, provisions shall be
made by the permittee to provide proper and sufficient drainage.
(8)
When any earth, gravel, stone, sand, or other excavated
material is caused to flow, roll, or wash upon any street, the permittee
shall cause removal of same from the street within four hours after
deposit to permit safe flow of traffic. In the event the earth, gravel,
stone, sand, or other excavated material so deposited is not removed
as specified, the Borough Secretary shall cause such removal and the
cost incurred shall be paid by the permittee or deducted from his/her
deposit.
(9)
In addition to the foregoing, applicant shall comply with § 186-24B, Excavations, of the Borough Code which requires pre- and post-excavation video camera inspections of the sanitary sewer system and stormwater sewer system on any property, including Borough property, streets, sidewalks, Borough easements, situate in the Borough of Emsworth that is excavated, requires minimum insurance coverage amounts and requires the applicant to repair any damage caused between inspection to the Borough's satisfaction.
[Added 11-8-2017 by Ord. No. 999]
B.
Safety measures.
(1)
Every permittee shall place around the specific project
such barriers, barricades, lights, warning flags and danger signs
as shall be determined by the Borough Secretary for the protection
of the general public. Additional safety requirements may be prescribed
by the Borough Secretary and, where applicable, shall be in conformance
with the requirements set forth in 67 Pa. Code § 203.1 et
seq., dealing with work zone traffic control.
(2)
When any person or entity fails to provide or maintain
the required safety devices, such devices shall be installed and maintained
by the Borough of Emsworth. The amount of the cost incurred shall
be paid by the permittee or deducted from his/her deposit. No person
or entity shall willfully move, remove, injure, destroy or extinguish
any barrier, warning light, sign or notice erected, placed or posted
in accordance with the provisions of this article.
C.
Access to private driveways shall be provided except
during working hours when construction operations prohibit provision
of such access. Free access must be provided at all times to fire
hydrants, and all emergency, fire, and police vehicles.
D.
Excavated materials shall be laid compactly along
the side of the trench and kept trimmed up so as to cause as little
inconvenience as possible to public travel. In order to expedite the
flow of traffic or to abate dirt or dust nuisance, the Borough Secretary
may require the permittee to provide toe boards or bins. If the excavated
area is muddy and causes inconvenience to pedestrians, temporary wooden
plank walks shall be installed by the permittee as directed by the
Borough Secretary. If the street is not wide enough to accommodate
the excavated material without using part of the adjacent sidewalk,
the permittee shall keep a passageway of at least 1/2 of the sidewalk
width open along such sidewalk.
E.
Work authorized by a permit shall be performed between
the hours of 7:00 a.m. and 7:00 p.m., Monday through Saturday, unless
the permittee obtains prior written consent from the Borough Secretary.
Such permission to work outside of normal hours and on Sunday shall
be granted only in the case of an emergency or in the event the work
authorized by the permit is to be performed in traffic-congested areas.
F.
In granting any permit, the Borough Secretary may
attach such other conditions thereto as may be reasonably necessary
to prevent damage to public or private property or to prevent the
operation from being conducted in a manner hazardous to life or property
or in a manner hazardous to life or property or in a manner likely
to create a nuisance. Such conditions may include but shall not be
limited to:
(1)
Limitations on the time period, or season of the year
in which the work may be performed;
(2)
Restrictions as to the size, weight, and type of equipment;
(3)
Designation of routes upon which materials may be
transported;
(4)
Designation of the place and manner of disposal of
excavated materials;
(5)
Requirements as to the laying of dust, the cleaning
of streets, the prevention of noise, and other related results offensive
or injurious to the neighborhood, the general public, or any portion
thereof; and
(6)
Regulations as to the use of streets in the course
of work.
G.
Use of mechanical devices. The use of a mechanical
device for the breaking of pavement, such as a hydra-hammer, headache
ball, and the like, shall be permitted only under special written
permission of the Borough Secretary.
H.
Backfilling and restoring opening.
[Amended 4-13-2016 by Ord. No. 993]
(1)
All pavement cuts, openings and excavations shall be made properly
and backfilled properly by the permittee according to Borough of Emsworth
specifications. Permittee also shall place a temporary surface on
the pavement cut, opening or excavation in accordance with Borough
specification. If the permittee has been granted permission to restore
the street surface but inclement weather conditions are such as to
prevent the completion of permanent restoration of the street surface
at the time backfilling is completed, permittee shall install a temporary
surface in accordance with Borough specifications until such time
as weather conditions will permit permanent restoration of the street
surface.
(2)
The Borough Secretary shall be notified by the permittee during the
forty-eight-hour period preceding the beginning of backfilling, and/or
restoration, and/or excavation, and the approximate time each will
begin.
(3)
Permittee shall be required to pave/restore/overlay a minimum twelve-foot width (or the entire cartway width, if deemed appropriate by the Borough Engineer in the Engineer's sole discretion), which width shall run the entire length of the opening, plus 30 feet on each of the two sides of the opening, and shall be accomplished in accordance with Borough specifications and shall be subject to the Borough Engineer's approval. The bond requirements set forth in § 207-36 of this article shall reflect the increased dimensions of this section.
I.
No backfilling, restoration or excavation shall be
accomplished unless or until the Borough Secretary is present or permission
has been granted for backfilling or restoration after inspection by
the Borough Engineer.
J.
In the event the Borough Engineer finds that paving
surfaces adjacent to the street openings may be damaged where trenches
are made parallel to the street, or where a number of cross trenches
are laid in proximity to one another, or where the equipment used
may cause such damage, he may require negotiated contribution from
the permittee for the resurfacing in place of patching of such street
if the total area of the proposed patch or probably damaged area exceeds
25% of the total pavement surfacing between curb faces or between
concrete gutter edges. Such negotiations shall be carried on and contributions
agreed upon prior to the issuances of a permit.
K.
After excavation is commenced, the work of making and backfilling the same shall be prosecuted with due diligence. Unless the provisions of Subsection H of this section apply, the permittee is required to complete permanent restoration of the street surface in accordance with Borough specifications within seven days after repairs and/or installation are completed. Furthermore, the permittee shall be required to install and maintain a temporary surface in accordance with Borough specifications during:
L.
Inspections of all work authorized by a permit shall
be made by the Borough Engineer at such times and in such a manner
as required to assure compliance with provisions of this article.
If the nature of the work to be performed under any permit is such
as to require the services of a full-time inspector, the Borough Engineer
shall provide for the services of such an inspector. All such costs
for the inspector shall be borne by the permittee.
M.
All such costs shall be based upon the current per
diem rate for inspector services as approved by the Borough of Emsworth.
N.
Upon completion of all work established under the
provisions of a permit, the permittee shall notify the Borough Secretary
in writing. A certificate of final inspection shall be issued by the
Borough Secretary to each permittee no sooner than one year and not
later than 18 months after the permanent restoration of the excavation
has been made, providing the work authorized by the permit has been
performed according to Borough of Emsworth's specifications. Prior
to the issuance of a certificate, the Borough Engineer shall make
a final inspection of the restoration to determine whether the Borough's
specifications have been completely and fully adhered to by the permittee.
O.
If any settlement in a restored area occurs within
a period of two years from date of completion of the permanent restoration
and permittee fails to make such correction after notification, any
expense incurred by the Borough of Emsworth in correcting such settlement
shall be paid by the permittee or recovered from his/her bond.
P.
In no case shall any opening made by a permittee be
considered in the charge or care of the Borough of Emsworth, or any
of its officers or employees, and no officer or employee of the Borough
of Emsworth is authorized in any way to take or assume any jurisdiction
over any such opening, except in the exercise of the police power,
when it is necessary to protect life, safety and property; provided,
however that the Borough of Emsworth assumes charge when making final
surface restoration.
Q.
Emergency excavations and openings by a public utility service company.
[Added 4-13-2016 by Ord.
No. 993]
(1)
Should a permit be issued for such a street opening, excavation or
tunneling by the Emsworth Borough Secretary to a public utility service
company based upon the public health or safety or due to an emergency
condition or other valid public purpose, the public utility service
company shall be required to pave/restore/overlay a minimum twelve-foot
width (or the entire cartway width, if deemed appropriate by the Borough
Engineer in the Engineer's sole discretion), which width shall
run the entire length of the opening, plus 30 feet on each of the
two sides of the opening, and shall be accomplished in accordance
with Borough specifications and shall be subject to the Borough Engineer's
approval.
(2)
The bond requirements set forth in § 207-36 of this article shall reflect the increased dimensions of this section.
(3)
Upon completion of the paving/restoration/overlay as set forth in
this section, the public utility service company shall notify the
Borough Engineer, who shall undertake an inspection and report to
the Borough Secretary as soon as possible.
A.
Computation of deposit. The Borough Secretary, upon receipt of a properly completed application, shall determine the amount of the deposit to be made by the permittee in accordance with the schedule of charges established pursuant to Subsection E of this section; provided, however, that the minimum deposit required shall not be less than $100. The deposit shall be paid at the time the permit is issued and the deposit shall be used to reimburse the Borough of Emsworth for the cost of any work and/or materials furnished by it in connection with work authorized by the permit, to cover the cost of all necessary inspections of said work or any other expenses incurred by the Borough of Emsworth in carrying out the provisions of this article. In the case of a public utility company, the requirement of such deposit may be waived if such public utility company files with the Borough of Emsworth its corporate bond as provided in § 207-33B of this article.
B.
Form of deposit. The deposit may be either in the
form of a certified, treasurer's or cashier's check. Neither cash
nor personal checks will be accepted.
C.
Insufficient deposit. If any deposit is less than
sufficient to pay all costs, the permittee shall, upon demand, pay
to the Borough of Emsworth an amount equal to the deficiency. If the
permittee fails or refuses to pay such deficiency, the Borough may
revoke the permittee's permit or institute a civil action to recover
the same in any court of competent jurisdiction. Until such deficiency
is fully paid, no additional permits shall be issued to such permittee.
D.
Yearly deposit. In the event that any public utility
company shall anticipate applying for permits for more than one street
opening or excavation in any calendar year and does not elect to file
a corporate bond as hereinbefore provided, such public utility company
may post one deposit in an amount and form as hereinbefore provided
for the calendar year or part thereof to cover the cost of deposits
which would otherwise be required for the anticipated permits.
E.
Deposit and cost schedules. The Borough Secretary,
in conjunction with the Borough Engineer and Borough Solicitor, will
establish a schedule of charges for inspections, labor, materials,
and other such expenses as may be incurred by the Borough of Emsworth
in carrying out the provisions of this article. This schedule will
thereafter be approved by the Emsworth Borough Council in accordance
with the reasonably anticipated costs to be incurred by the Borough
of Emsworth in making such inspections; including reasonable administrative
and overhead expenses, and in accordance with the currently prevailing
costs in the area for any labor and materials which may be provided
by the Borough of Emsworth. The Borough of Emsworth shall revise said
schedule from time to time to reflect any increase or decrease in
the costs used to establish said charges. The schedule will be open
for public inspection at the Borough Secretary's office upon request.
F.
Decision on costs. The decision of the Borough Secretary
as to the cost of any work completed or repairs made by him or under
his direction pursuant to the provisions of this article shall be
final and conclusive.
G.
Refund on deposit. Upon notification by the permittee
that all work authorized by the permit has been completed and after
restoration of the opening, the Borough Secretary shall refund to
the permittee his deposit less all costs incurred by the Borough of
Emsworth in connection with said permit. In no event shall the permit
fee be refunded.
A.
Performance bond where Borough of Emsworth does not
restore opening. In those circumstances where the applicant has received
or intends to apply for permission to perform the work of restoration
of the street surface, each such applicant or permittee, upon receipt
of a permit, shall provide the Borough of Emsworth with an acceptable,
sufficient, and valid corporation surety bond to guarantee faithful
performance of the work authorized by a permit granted pursuant to
this article. The amount of the bond shall be 100% of the estimated
cost of restoring the street opening. The term of the bond shall begin
upon the date of posting thereof and shall terminate upon the receipt
by the permittee of a certificate of final inspection from the Emsworth
Borough Secretary. If the permittee anticipates requesting more than
one permit per year as required by this article, he/she may furnish
one continuing corporate surety bond to guarantee faithful performance
in such amount, but not less than $50,000, or in an amount as the
Borough Secretary deems necessary. The amount of such bond shall be
in relationship to the cost of restoring pavement cuts to be made
by the permittee throughout the year. In the case of a public utility
company, its corporate bond in a form satisfactory to the Borough
Solicitor may be accepted in lieu of the corporate surety bond.
B.
Maintenance bond. Each applicant, upon the receipt
of a permit, shall provide the Borough of Emsworth with an acceptable
corporate surety bond conditioned for compliance with the street opening
specifications of the Borough of Emsworth and the provisions of this
article. The Borough Secretary shall determine the amount of the specific
bond, and it shall be in relation to the cost of restoring the pavement
cut to be made by the permittee; provided, however, the minimum amount
of the bond shall not be less than $2,000. The term of each bond shall
begin from the completion by the Borough of Emsworth and shall terminate
upon the receipt by the permittee of a certificate of final inspection
from the Borough Secretary. If the permittee anticipates requesting
more than one permit a year, he may file a continuing corporate surety
bond conditioned for compliance with the specifications of the Borough
of Emsworth and the provisions of this article in such amount as the
Borough Secretary deems necessary. The amount of such bond shall be
in relation to the cost of restoring pavement cuts to be made by the
permittee throughout the year. In the case of a public utility company,
its corporate bond in a form satisfactory to the Borough Solicitor
may be accepted in lieu of the corporate surety bond required by this
section.
C.
Default in performance. In the event that the Borough
Secretary shall find that a default has occurred in the performance
of any term or condition of the permit, written notice thereof shall
be given to the principal and to the surety of the bond. Such notice
shall state the work to be completed, the estimated cost thereof and
the period of time deemed by the Borough Secretary to be necessary
for the completion of such work.
D.
Completion of work. After receipt of such notice the
surety shall, within the time therein specified, either cause the
required work to be completed or, failing therein, indemnify the Borough
of Emsworth for the cost of doing the work as set forth in this notice.
E.
Liability insurance. Each applicant, upon the receipt
of a permit, shall provide the Borough of Emsworth with a valid and
acceptable certificate of insurance indicating that he/she is insured
against claims for damages for personal injury as well as against
claims for property damage which may arise from or out of the performance
of the work, whether such performance be by himself, his subcontractor,
representatives, agents, or anyone directly or indirectly employed
by him. Such insurance shall cover collapse, explosive hazards, and
underground work by equipment on the street, and shall include protection
against liability arising from completed operations. The amount of
the insurance shall be prescribed by the Borough Secretary with prior
approval by the Borough Solicitor in accordance with the nature of
the risk involved. However, the insurance shall provide for a minimum
of comprehensive bodily injury liability insurance including coverage
on a personal injury basis and comprehensive property damage liability
insurance of not less than $2,000,000 combined single limit. Public
utility companies and authorities may be relieved of the obligation
of submitting such a certificate of insurance should they submit satisfactory
evidence that they are insured in accordance with the requirements
of this article or have adequate provision for self-insurance. Public
utility companies may file an annual certificate of insurance in lieu
of individual certificates for each permit, with prior permission
by the Borough Secretary.
A.
Notice of proposed improvement. When the Borough of
Emsworth shall improve or pave any street, the Borough Secretary shall
give notice to all persons owning property abutting on the street
about to be paved or improved and to all public utility companies
and authorities operating in the Borough of Emsworth and all such
persons. Public utility companies and authorities shall make all connections
as well as any repairs thereto which would necessitate excavation
on the street within 30 days from the giving of such notice. The time
shall be extended if permission is requested, in writing, and approved
by the Borough Secretary.
B.
Restrictions upon opening newly improved street. No
permit shall be issued by the Borough Secretary which would allow
an excavation or opening in a paved and improved street surface less
than five years old unless the applicant can demonstrate clearly that
public health, safety, or other valid public purpose requires that
the proposed work be permitted or unless an emergency condition exists.
The Borough of Emsworth, within 90 days from the date of said paving
and/or improvement of a street or streets, shall provide the appropriate
public utility service company or companies with a notice of the street
or streets the Borough of Emsworth shall be paving and/or improving,
which shall be classified as a newly improved street after completion
of the pavings and/or improvement(s).
[Amended 3-9-2011 by Ord. No. 978]
(1)
Should
a permit be issued for such a street opening, excavation or tunneling
by the Emsworth Borough Secretary to a public utility service company
based upon the public health or safety or due to an emergency condition
or other valid public purpose, the public utility company shall be
required to pave/restore/overlay a minimum twelve-foot width (or the
entire cartway width, if deemed appropriate by the Borough Engineer
in the Engineer's sole discretion), which width shall run the entire
length of the opening, plus 30 feet on each of the two sides of the
opening, and shall be accomplished in accordance with Borough specifications
and shall be subject to the Borough Engineer's approval.
(2)
The bond requirements set forth in § 207-36 of this article shall reflect the increased dimensions of this section.
(3)
Upon
completion of the paving/restoration/overlay as set forth in this
section, the public utility service company shall notify the Borough
Engineer who shall undertake an inspection and report to the Borough
Secretary as soon as possible.
C.
Penalty for opening newly improved streets. If, by
special action of the Emsworth Borough Secretary, a permit is issued
to open any paved and improved street surface less than five years
old, a penalty charge shall be made for the opening. The penalty shall
be waived in the event that the work is of an emergency nature. The
penalty charge shall be on a sliding scale and shall be equal to 10%
of the cost of restoring the opening for each unelapsed month or fraction
thereof of the five-year restricted period. Said penalty may be waived
by action of the Emsworth Borough Council.
A.
Every person or entity owning, using, controlling,
or having an interest in pipes, conduits, ducts, or other structures
under the surface of any street used for the purpose of supplying
or conveying gas, electricity, communication impulses, water or steam
to or from the Borough of Emsworth or to and from premises of its
inhabitants, or for any other related purposes, shall file with the
Borough Secretary, within 180 days after the adoption of this article,
a written statement containing the names of the Borough streets wherein
the aforementioned facilities owned by such person are located.
A.
In the event any pipe, conduit, duct, tunnel, or other
related structure located under the surface of any street is abandoned,
or the use thereof is abandoned, the person or entity owning, using,
controlling, or having an interest therein shall, within 30 days after
such abandonment, file with the Borough Engineer a statement in writing
giving in detail the location of the abandoned structure. In the event
there are manholes or tunnels associated with any abandoned underground
facilities, such manholes or tunnels shall be filled in at the time
of abandonment and the Borough Secretary shall be notified in writing.
B.
When the Borough of Emsworth plans to pave or improve
streets in which there are abandoned facilities, the owner of such
facilities shall be notified to remove them if, in the opinion of
the Emsworth Borough Council, their removal is in the best interest
of the Borough. If the owner shall refuse to remove such abandoned
facilities, the Borough shall remove the abandoned facilities and
the owner shall reimburse the Borough for such removal.
A.
Notice to property owners and tenants abutting project.
(1)
If the work to be undertaken by the permittee is such
that it will affect the use of properties abutting or adjoining the
project, the Borough Engineer may require the permittee to submit
a list of owners and/or tenants and/or addresses of all properties
abutting the area where the work authorized by the permit is to be
performed. It shall be the responsibility of the permittee to notify
the affected property owners and/or tenants of the proposed work to
be done.
(2)
If the work to be undertaken by a permittee will affect
other subsurface installation(s) in the vicinity of the proposed opening,
the permittee shall notify the owner(s) of such facilities of the
proposed work.
B.
Notice to police and fire authorities. The permittee
shall notify in writing the Borough Secretary of all street opening
permits of a nature that would require a street being closed, which
public safety officials should be made cognizant of for public safety.
Such notification shall state the nature of the work to be done, proposed
beginning and completion date, and the location of such project.
Any person, whether as principal, employee or
agent, violating or assisting in the violation of any of the provisions
of this article shall, upon conviction thereof by any District Justice
or other court of competent jurisdiction, be sentenced to pay a fine
of not more than $1,000 for each offense, plus costs of prosecution,
and, in default of payment of such fine and costs, to imprisonment
not to exceed 30 days.
The provisions of this article shall not apply
to the laying of sidewalks or to the placing in location of utility
poles.
