[Adopted 7-8-2014 by Ord. No. 03-2014[1]]
[1]
Editor's Note: This ordinance superseded former Art.
VIII, Street Openings Permit and Regulations, adopted 4-10-2012 by
Ord. No. 4-2012.
Borough Council hereby adopts the following article regulating
street openings.
The following words, when used herein, shall have the meanings
ascribed to them in this section, except in those instances where
the context clearly indicates otherwise.
Any person, as defined herein, who makes application for
a permit.
The Borough of Verona, Allegheny County.
A fee charged for the premature excavation/opening of a road
that has been constructed or resurfaced within seven years.
Any unforeseen circumstance which calls for immediate action.
The Borough Engineer of the Borough of Verona, Allegheny
County, or his authorized representative or inspector.
The Borough's Foreman of Public Works or his designee.
The approval issued to an applicant to perform any work covered
by the terms and conditions of this article.
Any person who has been issued a permit and has thereby agreed
to comply with all the terms and conditions of this article.
Includes any natural person, partnership, firm, association,
corporation, municipal authority or any other governmental entity.
Any public street, highway, road, easement, right-of-way
within the Borough of Verona, Allegheny County, including that portion
of any right-of-way which is improved with curbs and/or sidewalks.
Any and all activities of any kind or nature conducted by
a permittee, his agents, servants, employees, contractors and subcontractors
which involves, to any extent, any roadway of the Borough of Verona,
Allegheny County.
A.
Permit required. No person shall make any tunnel, opening or excavation
of any kind in, on or under the surface of any roadway without first
securing a permit from the Borough for each separate undertaking.
Any person maintaining pipes, lines or underground conduits in or
under the surface of any roadway by virtue of any statute, ordinance
or franchise may, however, proceed with an excavation or opening without
a permit when emergency circumstances demand that the work be done
immediately for the preservation of the public health, safety or welfare;
and provided, further, that a permit could not reasonably and practically
have been obtained beforehand. Such person shall, thereafter, file
an application for a permit, in accordance with the requirements of
this article, on the first business day of the Borough, which permit
shall be retroactive to the date on which the work has begun.
B.
Limitation. No permittee shall perform any work beyond that originally
authorized by his permit to an extent greater than 10% in excess of
that specified in the permit, unless such excess work is approved,
in advance and in writing, by either the Engineer or other designated
individual and the Borough is paid any additional fees that may be
required. Upon completion of any additional work which is not covered
by the original permit, the permittee shall file a revised application
with the Borough reflecting the scope of same.
C.
All bonds posted in connection with issuance of the permit shall
be deemed to cover all work which is covered by any permit issued
pursuant to this section, including any additional work authorized
by the Engineer or other designated person.
D.
The provisions of this section shall not apply to emergency excavations
of any exploratory nature made in order to determine the location
of underground facilities; however, the person doing the work shall,
on the first day which the office of the Borough is open for business
following completion of the excavation, file an application for a
permit in accordance with the requirements of this article, which
permit shall be retroactive to the date the excavation was begun.
E.
Commencement of work. The work for which a permit is issued shall
be commenced within 30 days from the date of its issuance. If the
work is not commenced by that date, the permit shall automatically
be considered as revoked, and thereafter, a new permit for the work
will only be issued upon payment of a new permit fee and the renewal
of all necessary bonds. The permittee shall notify either the Foreman
or Engineer, at least 24 hours in advance, as to the date and time
when the work will be commenced.
F.
Nontransferable. A permit is not transferable by the permittee to
any other person.
G.
Expiration. A permit shall terminate at the end of the period of
the time specified in the permit or upon completion of the work, whichever
occurs first. If the permittee is unable to complete the work within
the time specified in the permit, he shall, prior to its termination,
request an extension of time from either the Foreman or Engineer,
in writing, the Foreman or Engineer to be provided with the reason
for the requested extension. If the Foreman or Engineer determines
that an extension is necessary, he may grant the permittee such additional
time as he deems appropriate for completion of the work, subject to
an extension fee as set by resolution of the Borough Council.
H.
Right to use roadway. All permits shall be issued subject to the
rights of the Borough and the public to use any roadway which is the
subject of the permit for all purposes for which such roadway may
lawfully be used.
I.
Revocation. A permit may be revoked by the Foreman or Engineer, after
written notice to the permittee, as the result of any one of the following:
(1)
A violation of any condition of the permit.
(2)
A violation of any provision of this article or any other applicable
statute, ordinance or regulation relating to the work.
(3)
The existence of any condition or the doing of any act by the permittee
which constitutes or creates a nuisance or which endangers the safety
or property of the public.
(4)
Written notice of the revocation shall be served upon the permittee
or his agent. The notice shall contain a brief statement of the reason
for the revocation and it shall be effective if delivered either by
a personal delivery to the permittee or his agent or by mailing same
to the permittee at the address on the application, by placing same
in the United States Postal Service, certified mail, return receipt
requested.
In order to receive a permit, the applicant shall:
A.
Complete and file a written application with the Borough Clerk, this
on an application with the Borough Clerk, this on an application form
prescribed and furnished by the Borough.
B.
No work shall be commenced by the applicant until the Foreman or Engineer has approved the application and the permit has been issued, other than under those exceptions set forth in § 215-30 of this article, above, which pertain to emergency work. By the filing of the application for a permit, the applicant agrees that he shall perform the work in accordance with the terms of this article, the permit as issued, and all applicable laws and regulations pertaining thereto and that he shall be bound, in all respects, by the terms and conditions of this article.
C.
If not set forth on the application form itself, the applicant shall
file three copies of all plans which show the extent of the work for
which the permit is being requested. Such plans shall include all
appropriate dimensions and other information which may be required
by the Foreman or Engineer.
D.
Pay to the Borough, at the time of filing of the application, such
fees for the permit as set forth below, as may be amended or added
from time to time by resolution of the Borough:
G.
Present evidence, if requested by the Foreman or Engineer, that all
material, labor and/or equipment necessary to accomplish the work
are available to the applicant.
H.
A copy of the permit shall, at all times while the work is in progress,
be available at the site of the work, and it shall be produced, upon
demand, to any authorized representative of the Borough.
I.
Agree, by the filing of this application, to save the Borough, its
officials, officers, employees and agents harmless and to indemnify
all or any of them from any and all claims, damages, suits, liabilities
and costs which may arise, or be claimed to arise, by reason of the
work, either as authorized or as actually undertaken by the permittee.
The issuance of a permit, or doing of any work provided for by this
article, shall constitute the agreement by the person doing the work
to the provisions of this subsection, irrespective of whether same
is expressed elsewhere.
A.
No excavation in any roadway shall extend beyond the center line
of such roadway until the surface of the initial excavation is restored
to a condition which shall provide safe and convenient access for
pedestrian and vehicular traffic. At no time will the improved part
of a roadway be completely closed to vehicular or pedestrian traffic,
unless such closing is authorized, in advance and in writing, by the
Foreman or Engineer.
B.
No more than 200 feet, measured longitudinally, of any roadway shall
be opened in any roadway until such time as the previously opened
surface of the roadway is restored to a safe and convenient condition
for vehicular or pedestrian traffic, unless such opening is authorized,
in writing, by the Foreman or Engineer.
C.
No excavation shall be made, or attempted, if it shall or may interfere
with any utility lines or other underground facilities, unless the
permittee has first secured the permission of the owners of all such
facilities.
D.
The permittee shall locate all underground facilities, including
sanitary sewers, storm sewers, gas lines, waterlines, telephone and
electrical conduits and all other underground facilities, sufficiently
in advance of the commencement of the work in order that damage to
any such facilities be avoided, as well as to permit their relocation
if necessary. The permittee shall also comply with all the utility
notification requirements of applicable law.
E.
If an underground facility is damaged by the permittee, such damage
shall be repaired and/or restored by the permittee, as necessary and
in accordance with the directions of the owner of the facility.
F.
No monument of granite, concrete, iron, steel, brass or other lasting
material shall be removed or disturbed, or caused to be removed or
disturbed, without the permittee first obtaining permission, in writing,
from the Foreman or Engineer to do so, in which case the permittee
shall pay the Borough for all its expenses necessary and incidental
to all replacements of such monuments by the Borough.
G.
If a permittee shall cause an earth, sand, gravel, rock, stone or
other material to be either deposited upon or caused to roll, flow
or wash onto any roadway, and there is thereby created a nuisance
or a danger to the public health and safety, the permittee shall cause
all such material to be promptly removed from the roadway. In the
event any such material is not removed within eight hours after notification
to the permittee by the Foreman or Engineer to do so, the Borough
may then take all steps necessary to accomplish such removal, the
costs of the removal to be paid to the Borough by the permittee.
H.
The permittee shall place all such barriers, barricades, lights,
warning flags, danger signs and other safety devices around the work
area as are reasonably necessary to protect the health and safety
of the public. All such safety requirements and precautionary measures
shall be based upon and conform, as applicable, to the requirements
set forth in Form 408, Pennsylvania Department of Transportation publication,
latest edition. The permittee shall also comply with any traffic control
plan which forms part of the permit. In the event the permittee fails
to comply with the provision of this subsection, the Borough may take
the necessary steps to compel compliance, all costs incurred by the
Borough in so doing shall be paid to it by the permittee.
I.
At all times while the work is in progress and prior to its completion,
the permittee shall maintain safe crossings for pedestrian and vehicular
traffic at all roadway intersections and, in addition, safe crossing
for pedestrians at intervals of not more than 300 feet. Two lanes
of traffic shall, where possible, be kept open at all intersections
by the installation of covering steel plates. All such steel plates
shall be firmly secured and, where appropriate, imbedded in bituminous
material so as to withstand the normal flow of traffic. If the size
and character of the excavation make it impractical to use steel plates,
the permittee shall so advise the Foreman and Engineer at the time
the application for the permit is filed, and the work shall not commence
until the Foreman or Engineer consents to the omission of the steel
plates.
J.
The permittee shall maintain vehicular access to all private driveways,
except during working hours when construction operations prohibit
such access, the owner of any driveway which is affected to be notified
of such nonaccess by the permittee prior to the commencement of the
specific work. The permittee shall also ensure that there is free
access, at all times, to the fire hydrants in the area covered by
the scope of the work.
K.
All excavated material shall be placed compactly along the side of
the trench so as to cause as little inconvenience and danger as possible
to vehicular and pedestrian traffic. When the Foreman or Engineer
deems it necessary in order to expedite the flow of traffic or to
abate a dirt or dust nuisance, containment measures shall be taken
by the permittee to prevent the spread of excavated material into
traffic lanes. Temporary wooden plank walks shall be installed where
pedestrian traffic in the excavated area may cause inconvenience to
such pedestrians. If the roadway is not sufficiently wide to hold
excavated material, the permittee may use up to 1/2 the width of the
sidewalk along the sidewalk for such material, the remainder of the
sidewalk to be kept open for pedestrian traffic. No excavated material
shall be permitted to enter any stormwater inlet or sanitary sewer.
L.
The Foreman or Engineer may, in addition to the conditions set forth
herein, impose such other conditions upon the issuance of the permit
as may be reasonably necessary to protect the health and safety of
the public during the course of the work.
A.
All excavations shall be backfilled with dry, compactable material
in accordance with PennDOT specifications, Form 408, latest edition,
and such material shall be thoroughly compacted by proper tamping.
The surface of the excavated area shall be restored to its original
or equal condition, unless permittee is authorized, by the Foreman
or Engineer, to the contrary.
B.
Existing pavement which is removed in the course of the work shall
be removed for a distance of at least one foot beyond the outer limits
of the subgrade that is disturbed, this in order to prevent settlement,
the face of the remaining pavement to be approximately vertical. A
concrete saw shall be used for all concrete pavement cuts, and asphalt
paving shall be scored or otherwise cut in a straight line.
C.
An applicant shall set forth, in detail on the application, all tunneling
or boring which is contemplated under a roadway.
D.
In the event any work performed by a permittee is deemed unsatisfactory,
in the opinion of the Foreman or Engineer, and if such unsatisfactory
work is not corrected in accordance with the instruction of the Foreman
or Engineer, or if the work is not completed within the time specified
in the permit or any extension of time thereof, the Borough may proceed
to correct such unsatisfactory work or complete any uncompleted work,
all cost thereby incurred by the Borough to be billed to and promptly
paid by the permittee or through the permittee's bond; provided,
further, that the Borough, in addition to any other remedy that it
may possess, may proceed in assumpsit against the permittee or contractor
or may proceed against the property in a proper case to collect any
costs incurred by the Borough, along with attorney's fees and
court costs and interest at 6% per annum.
E.
All backfilling, as well as all other work, shall be accomplished
by the permittee with due diligence so that no roadway is obstructed
to a greater extent or for a longer period of time than is actually
necessary. If the work is not prosecuted with due diligence or, in
the opinion of the Foreman and Engineer, it does not comply with the
terms of this article, the permit or sound enginnering practices,
the Foreman or Engineer shall so notify the permittee, and the permittee
shall then be required, within three days from his receipt of such
notice, to proceed to complete the work or correct any deficiency
in the work. If the permittee does not comply with the terms of this
notice, the Borough may then proceed against the permittee who has
not complied with all the requirements of this article relative to
any prior permits issued to him, the Foreman or the Engineer to be
the judge of such noncompliance.
F.
The Foreman or Engineer shall have the right to inspect all the work
and is also authorized to secure such outside inspection services
as may, in his judgment, be necessary in order to ensure compliance
by the permittee with the provisions of this article and the permit.
G.
Should settlement of a restored area of the work occur within a period
of one year from the date of completion of the permanent restoration
by the permittee, such settlement shall be considered conclusive evidence
of defective work, and the Borough may then take all action necessary
to correct the condition, the cost of such corrective action to be
paid by the permittee or through the permittee bond.
H.
The Borough shall not, in any way, be responsible for any part of
the work which is either omitted or improperly done by the permittee,
and no officer or employee of the Borough is authorized to assume
any jurisdiction of or responsibility for such part of the work, except
when same becomes necessary in the exercise of the police power of
the Borough in order to protect the public health and safety.
I.
If, in the judgment of the Foreman or Engineer, traffic conditions
or the public health, safety or convenience require that any part
of the work, the Foreman shall have the authority to require that
the permittee provide sufficient labor, material and facilities on
a twenty-four-hour basis to complete that part of the work as soon
as possible.
The applicant shall provide a certificate of insurance to the Borough as part of its application for the permit, same to reflect that the contractor, subcontractor or any other entity who shall actually perform the work under the permit is insured against all claims, bodily injury, including death, as well as all claims for property damage, any of which may arise out of its performance of the work. This insurance shall include completed operations and underground coverages and it shall name the Borough as an additional insured. The Foreman or Engineer may require increased limits in the insurance coverage, based upon the nature and extent of the work; however, the minimum limits for bodily injury, including death, shall be $500,000 for each person and $1,000,000 for each occurrence and a minimum of $250,000 for property damage for each occurrence. A permittee utilizing the exception to the bond requirements at § 215-35G shall be deemed to comply with this section.
A.
Requirements. Each applicant shall provide the Borough, prior to
issuance of the permit, with a permit bond to guarantee full performance
of the work authorized by the permit, the form of the bond to be substantially
that supplied to the Borough. The amount of the bond shall equal the
cost to complete the work, as estimated by the Foreman or Engineer,
including a maintenance bond guaranteeing the work for a period of
one year from the date of its completion, but in no event shall any
such bond be in an amount less than $1,000. All such bonds shall have,
as collateral thereto, either a cashier's check payable to the
Borough or a corporate surety acceptable to the Borough. The Foreman
or Engineer may, in the event that multiple permits are to be issued
to the same permittee, permit the applicant to furnish one bond, which
shall be in such amount and subject to such terms as the Foreman or
Engineer deems necessary to cover all the work to be done by the applicant
under all such permits.
B.
Default. In the event the Foreman or Engineer determines that there
has been a default in the performance of the work, it shall give written
notice of the default to the permittee and its corporate surety, if
any, on the bond. The notice shall state the action which is to be
taken to correct the default, the estimated cost of correction and
the time deemed reasonably necessary for its completion. If a notice
of default is issued to a permittee, the Borough may condition issuance
of future road opening permits to such permittee upon submission of
cash security or a letter of credit in place of the bond required
herein, and may deny issuance of a permit in a case where timely correction
of default is not undertaken.
C.
Correction of default. In the event that, after receipt of the notice
of default, the default shall not be corrected by the permittee within
five days, then, in the case of a corporate surety, the surety shall
be required within the time specified to either cause the required
corrections be made or, in the alternative, pay over the Borough a
sum equal to the estimated cost determined by the Foreman or Engineer
for the making of the corrections. Upon receipt of such funds, the
Foreman or Engineer shall then proceed to have the work completed;
however, no liability shall be incurred by the Borough as a result
of any such action taken by it, other than its responsibility to see
to the proper expenditures of any funds so received by it.
D.
Forfeiture of cash bond. Should the permittee have posted a cashier's
check as collateral to the bond, the Borough shall have the right,
either following or in the course of its completion of the work, to
use such portion of the funds represented by said check as is necessary
to pay all costs and expenses incurred by it, any part of such funds
remaining thereafter to be returned to the permittee.
E.
Term. The effective term of a bond shall commence on the date of
issuance of the permit and it shall continue, in full force and effect,
until a date one year from the date of approval of the final restoration
of the work by the Foreman or Enginner.
F.
Annual bond for utilities. Public utilities may be required or permitted
to post an annual bond with the Borough, at the discretion of the
Borough Foreman and Engineer. The form and the amount of the annual
bond shall be determined by the Borough Engineer or Borough Foreman
based on the amount, nature and frequency of road openings and the
permittee's prior experience, if any.
G.
A property owner seeking a permit to work in the area between its
property line and the travelled portion of a road may be relieved
of the bond requirement by providing a certificate of liability insurance
which further names the Borough as a named insured. Such certificate
shall be in the form acceptable to the Borough and shall be for a
minimum of $300,000.
If in the opinion of the Foreman or Engineer the work to be
undertaken is such that it will affect any property which abuts or
adjoins the area of the work, the Foreman or Engineer may require
the permittee to give notice of the same to the owners and/or tenants
of each such affected property. In the case of disruption to electric,
gas, phone, water or cable services, the permittee will inform the
Borough Emergency Management Coordinator, the Foreman and the Borough
Engineer of the expected commencement and length of such disruption,
such notice is to be given at a time not earlier than 48 hours and
not later than 24 hours before the disruption begins. Absent such
notice, no disruption of said service may commence without approval
of the Borough Engineer.
The Borough Clerk shall provide the Police and Fire Departments
operating within the Borough with a copy of any permit which prohibits
or restricts the flow of traffic on any roadway, and the permittee
shall be responsible for coordination between itself and the Police
and Fire Departments in order that the public safety be protected
during the course of the work.
Any person, partnership, firm, corporation or any other entity
which shall violate any provision of this article shall, upon conviction
thereof, be sentenced to pay a fine of not more than $1,000 and/or
to suffer imprisonment for a term not to exceed 90 days. Each day
that any violation of any provision of this article continues shall
constitute a separate offense.
[1]
Editor's Note: Section 37 of Ord. No. 03-2014, adopted
7-8-2014, stated that any person who shall violate any provision of
this article or who knowingly files a false report required by this
article shall, upon conviction thereof, be sentence to pay a civil
fine of not more than $1,000.
