[Ord. 407, 7/13/1971, § 1.1]
The following words, when used in this Part, 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 required by
this Part.
Any unforeseen circumstances or occurrence, the existence
of which constitutes a clear and immediate danger to persons or properties.
The duly appointed Borough Engineer, or his authorized deputy,
representative, or inspector.
Any person who has been issued a permit pursuant to and who
has agreed to fulfill all the terms of this division.
Includes any natural person, partnership, firm, association,
utility, corporation, or authority created pursuant to an act of the
General Assembly. Whenever used in any section prescribing and imposing
a penalty, the term "person," as applied to associations, shall mean
the partners or members thereof, and as applied to corporations, the
officers thereof.
Includes a public street, public easement, public right-of-way,
public highway, public alley, public way, or public road accepted
or maintained by the Borough.
[Ord. 407, 7/13/1971, § 2.1]
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 without
first securing a permit from the Borough for each separate undertaking;
provided, however, any person maintaining pipes, lines, or other underground
facilities in or under the surface of any street 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. The person shall thereafter
apply for a permit on the first regular business day on which the
office of the Engineer is open for business and such permit shall
be retroactive to the date when the work was begun.
[Ord. 407, 7/13/1971, § 3.1]
1.
It shall be the duty and responsibility of any applicant for the permit required by § 21-202 to:
A.
Make a written application for such permit with the Engineer on such
forms as he shall prescribe.
B.
Furnish in duplicate a plan showing the work to be performed under
such permit. If approved by the Engineer, one copy of such plan shall
be returned to the applicant at the time the permit is granted.
C.
Agree to save the Borough, its officers, employees, and agents harmless
from any and all costs, damages and liabilities which may accrue.
[Ord. 407, 7/13/1971, § 3.1]
1.
No work shall commence until the Engineer has approved the application for a permit required by § 21-202 and plan and issued a permit and until the permittee has paid and provided all fees, deposits, certificates and bonds required by this Part.
2.
In granting any such permit, the Engineer 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 likely to
create a nuisance. Such conditions may include but shall not be limited
to:
A.
Limitations on the period of the year in which the work may be performed.
B.
Restrictions as to the size and type of equipment.
C.
Designation of routes upon which material may be transported.
D.
The place and manner of disposal of excavated materials.
E.
Requirements as to the laying of dust, the cleaning of streets, the
prevention of noise and other results offensive or injurious to the
neighborhood, the general public, or any portion thereof.
F.
Regulations as to the use of streets in the course of the work.
[Ord. 407, 7/13/1971, § 2.2]
No person to whom a permit required by § 21-202 has been granted shall perform any of the work authorized by such permit in any amount or quantity greater than that specified in the permit, except that upon the approval by the Engineer additional work may be done under the provisions of the permit in any amount not greater than 10% of the amount specified in the permit. Any deposit and bond posted in connection with the original permit shall be deemed to cover any such additional work as may be approved pursuant to this section within the limit mentioned herein.
[Ord. 407, 7/13/1971, § 2.7]
Every permit required by § 21-202 shall be granted subject to the right of the Borough 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.
[Ord. 407, 7/13/1971, § 2.4]
Permits required by § 21-202 are not transferable from one person to another and the work shall not be made in any place other than the location specifically designated in the permit.
[Ord. 407, 7/13/1971, § 2.3]
Work for which a permit required by § 21-202 has been issued shall commence within 10 days after the issuance of the permit therefor. If not so commenced, the permit shall be automatically terminated. Permits thus terminated may be renewed upon the payment of an additional permit fee as originally required.
[Ord. 407, 7/13/1971, § 2.8]
1.
Any permit required by § 21-202 may be revoked by the Engineer, after notice to the permittee, for:
A.
Violation of any condition of the permit or any provision of this
Part.
B.
Violation of any provision of any other applicable ordinance or law
relating to the work.
C.
Existence of any condition or the doing of any act constituting or
creating a nuisance or endangering the lives or properties of others.
2.
A permittee may be granted a period of three days from the date of
the notice to correct the violation and to proceed with the diligent
prosecution of the work authorized by the permit before such permit
is revoked.
3.
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 grounds relied upon for revolting
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.
4.
When any such permit has been revoked and the work authorized by
the permit has not been completed, the Engineer shall do such work
as may be necessary to restore the street or part thereof to as good
a condition as before the opening was made.
5.
All expense incurred by the Borough shall be recovered from the deposit
or bond the permittee has made or filed with the Borough.
[Ord. 407, 7/13/1971, § 2.8]
Every permit required by § 21-202 shall expire at the end of the period of time which shall be set out in the permit. If the permittee shall be unable to complete the work within the specified time, he shall, prior to expiration of the permit, present in writing to the Engineer a request for an extension of time, setting forth therein the reasons for the requested extension. If in the opinion of the Engineer such an extension is necessary and not contrary to the public interest, the permittee may be granted additional time for the completion of the work.
[Ord. 407, 7/13/1971, § 2.6; as amended by Ord.
623, 2/14/2006]
1.
The provisions of this Part shall not be applicable in those instances
where the highway is maintained by the state or by the county.
2.
The Department of Highways of the state shall be, and hereby is given
exclusive authority to grant all permits for the opening or tearing
up of any part of the improved surface of those certain Borough streets,
or parts thereof, which are continuations of state highway routes
in the Borough, and for the maintenance of which the Department of
Highways is by law responsible.
3.
Fees for the granting of such permits may be charged by the Department
of Highways of the state, according to the standard schedule of fees
which may from time to time be adopted.
4.
Any person opening or tearing up the improved surface of any of the streets described in Subsection 2 of this section, or causing or allowing the same to be done for him, without having first obtained a permit from the Department of Highways of the state, upon conviction thereof, shall be sentenced to pay a fine of not more than $1,000 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 30 days. In addition, the Borough may recover the surface restoration costs.
[Ord. 407, 7/13/1971, § 3.1]
When any earth, gravel or other excavated material is caused to roll, flow, or wash upon any street, the person to whom a permit has been issued under § 21-202 through § 21-210 shall cause the same to be removed from the street within eight hours after deposit. In the event the earth, gravel or other excavated material so deposited is not removed, the Engineer shall cause such removal and the cost incurred shall be paid by the permittee or deducted from his deposit or bond.
[Ord. 407, 7/13/1971, § 3.1]
[Ord. 407, 7/13/1971, § 3.1]
Work authorized by a permit required by § 21-202 shall be performed between the hours of 7:00 a.m. and 7:00 p.m., Monday through Saturday, unless the permittee obtains written consent from the Engineer to do the work at an earlier or later hour. Such permission shall be granted only in case of an emergency.
[Ord. 407, 7/13/1971, § 4.1]
2.
Notice to Engineer of Commencement of Work. The Engineer must be
notified by the permittee, during the forty-eight-hour period preceding
beginning of backfilling, of the date and approximate time at which
backfilling will be begun.
3.
Presence of Engineer or Inspector Required. No backfilling shall
be accomplished unless or until the Engineer or a designated Borough
inspector is present.
4.
Restoration Work to Conform to Borough Specifications. The work of
the restoration, including both paving surface and paving base, shall
be performed by the permittee, according to Borough specifications.
A.
Any and all restorations regarding street openings shall be made
from curb to curb in the area affected by the street opening, even
if the actual area of excavation is only on one side of the midline
of said street.
[Added by Ord. 694, 7/14/2015]
5.
Work to be Prosecuted with Due Diligence. After excavation is commenced,
the work of making and backfilling the lane shall be prosecuted with
due diligence.
6.
Inspections. The Engineer shall make daily inspections of all work
authorized by a permit. The Engineer is empowered to provide a full-time
inspector if the work to be performed is of a nature that a full-time
inspector is necessary to ensure compliance with the provisions of
this Part. All inspection costs shall be borne by the permittee.
7.
Notice of Completion of Work; Issuance of Certificate of Final Inspection.
Upon completion of all work accomplished under the provisions of the
permit, the permittee shall notify the Engineer in writing. A certificate
of final inspection shall be issued by the Engineer to each permittee
no sooner than one year after the permanent restoration of the excavation
has been made, provided the work authorized by the permit has been
performed according to Borough specifications. Prior to the issuance
of a certificate, the Engineer shall make a final inspection of the
restoration to determine whether Borough specifications have been
adhered to.
8.
If any settlements in a restored area occurs within a period of one
year from date of completion of the permanent restoration, any expense
incurred by the Borough in correcting such settlement shall be paid
by the permittee or recovered from his bond, unless the permittee
submits proof satisfactory to the Engineer that the settlement was
not due to defective backfilling.
9.
In no case shall any opening made by a permittee be considered in
the charge or care of the Borough, or any of its officers or employees,
and no officer or employee 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 and property.
[Ord. 407, 7/13/1971, § 5.1]
The Engineer, upon receipt of a properly completed application for the permit required by § 21-202, shall determine the amount of the deposit to be made by the permittee; provided, however, that the deposit shall not be less than $50. The deposit shall be paid at the time the permit is received, and the deposit shall be used to reimburse the Borough for the cost of any work and materials furnished by it in connection with the work authorized by the permit, to cover all necessary inspections of such work, and for any other purpose set forth in this Part.
[Ord. 407, 7/13/1971, § 5.2]
The deposit provided for in § 21-215 may be either in the form of a certified, treasurer's or cashier's check, in lawful money of the United States.
[Ord. 407, 7/13/1971, § 5.3]
If any deposit provided for in § 21-215 is less than sufficient to pay all costs, the permittee shall, upon demand, pay to the Borough an amount equal to the deficiency. If the permittee fails or refuses to pay such deficiency, the Borough may institute an action to recover the same in any court of competent jurisdiction. Until such deficiency is paid in full, no additional permits shall be issued to such permittee.
[Ord. 407, 7/13/1971, § 5.4]
Whenever any public utility or authority shall anticipate more than one street opening or excavation per calendar year, such utility or authority may post one deposit as provided for in § 21-215 in an amount and form as provided in this Part, for the calendar year or part thereof to cover the cost of any and all work.
[Ord. 407, 7/13/1971, § 5.5; as amended by Ord.
418-B, 6/19/1973; and by Ord. 623, 2/14/2006]
A schedule of charges for permit fees, permit deposits and inspections
shall be established from time to time by resolution of Borough Council.
[Ord. 407, 7/13/1971, § 5.7]
Upon notification by the permittee that all work authorized by the permit required by § 21-202 has been completed and after restoration of the opening the Engineer shall refund the permittee his deposit less all costs incurred by the Borough in connection with such permit. In no event shall the permit fee be refunded.
[Ord. 407, 7/13/1971, § 5.6]
The decision of the Engineer as to the cost of any work done
or repairs made by him or under this Part, pursuant to the provisions
hereof, shall be final and conclusive as to such cost.
[Ord. 407, 7/13/1971, § 6.3]
1.
Each applicant for the permit required by § 21-202 upon the receipt of a permit shall provide the Borough with an acceptable corporate surety bond to guarantee faithful performance of the work authorized by a permit granted pursuant to this Part. 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 Engineer. If the permittee anticipates requesting more than one permit per year as required by this Part, he may furnish one continuing corporate surety bond to guarantee faithful performance in such amount as the Engineer 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.
2.
Whenever the Engineer 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 on the bond.
Such notice shall state the work to be done, the estimated cost thereof,
and the period of time deemed by the Engineer to be reasonably necessary
for the completion of such work.
3.
After receipt of such notice the surety must, within the time therein
specified, either cause the required work to be completed or, failing
therein, indemnify the Borough for the completion of the work as set
forth in the notice.
[Ord. 407, 7/13/1971, § 7.1]
An applicant for the permit required by § 21-202, on receipt of a permit, shall provide the Borough with a certificate of insurance indicating that he is insured against claims for damages for personal injury as well as against claims for property damage which may arise from the performance of the work, whether such performance be by himself, his subcontractor, or anyone directly or indirectly employed by him. Such insurance shall cover collapse, explosive hazards, and underground work by equipment on the project, and shall include protection against liability arising from completed operations. The amount of the insurance shall be prescribed by the engineer in accordance with the nature of the risk involved; provided, however, that the liability insurance for bodily injury in effect shall not be in an amount less than $100,000 for each person and $300,000 for each accident and for property damages in an amount not less than $50,000, with an aggregate of $100,000 for all accidents. Public utilities and authorities may be relieved of the obligation of submitting such a certificate if they are insured in accordance with the requirements of this section.
[Ord. 407, 7/13/1971, § 8.1]
1.
Every person 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, or
to or from its inhabitants, or for any other purposes shall file with
the Engineer a map or set of maps, each drawn to a scale of not less
than one inch to 200 feet showing the location, size and description
of all such installations.
2.
Within 30 days after the first day of January of each and every year,
each such person shall file with the Engineer a corrected map or set
of maps each drawn to scale as above, showing such installations,
including all those made during the previous year; provided, however,
if no additions have been made to its installation during the previous
year, a utility or authority may file with the Engineer a written
statement to that effect, within the period of time specified above.
A utility or authority may at its own option elect to provide corrected
atlas sheets throughout the year as they are available rather than
proceed as above noted.
3.
Each map required by this section shall be accompanied by an affidavit,
endorsed thereon, to the effect that the same correctly exhibits the
details required to be shown by this section.
[Ord. 407, 7/13/1971, § 8.2]
1.
Whenever any pipe, conduit, duct, tunnel, or other structure located
under the surface of any street, or the use thereof, is abandoned,
the person owning, using, controlling or having an interest therein
shall, within 30 days after such abandonment, file with the Engineer
a statement in writing giving in detail the location of the structure
so abandoned.
[Ord. 407, 7/13/1971, § 8.3]
The Engineer shall notify in writing the Borough police and fire authorities of all permits required by § 21-202 that he grants. Such notification shall state the nature of the work to be done, proposed beginning and completion dates and the location of such project.
[Ord. 407, 7/13/1971, § 8.4; as amended by Ord.
623, 2/14/2006; and by Ord. 694, 7/14/2015]
Any person violating any of the provisions of this Part or any
regulations and specifications adopted thereunder shall, upon conviction
thereof before the District Justice of the Borough, be sentenced to
pay a fine of not less than $500 nor more than $1,000 for each offense,
and costs of prosecution, and in default of payment of said fine and
costs, to be imprisoned in the Allegheny County jail for a period
not exceeding 30 days. Each day that a violation is permitted to exist
after notice in writing shall have been served by the Engineer shall
constitute a separate offense.
