[Adopted 8-14-2019 by Ord. No. 984[1]]
The following words, when used in this chapter, 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. For the purposes
of this chapter, any public utility company or municipal authority
required to obtain a permit shall be considered the applicant. An
application shall not be submitted in the name of contractors of the
public utility company or municipal authority.
A section of a street between two cross streets, or 800 feet
of street, whichever is less.
Any unforeseen circumstances or occurrence, the existence
of which constitutes a clear and immediate danger to persons or properties.
The duly appointed Borough Engineer of the Borough of Irwin
or its authorized representative.
Any activity within the right-of-way of any street which
involves cutting, breaking, crossing (either laterally or longitudinally),
drilling, grading, digging, or disturbing the earth or other material
making up the surface or subsurface of any street. In this chapter,
the term "opening" shall have the same meaning as excavation.
The Manager of the Borough of Irwin or his or her authorized
representative, including without limitation the Borough Engineer
or the Superintendent of Public Works.
The Borough of Irwin.
A street constructed and/or improved within the past five
years, including base and surfacing of either concrete or asphalt
and reconstructed streets surfaced with at least a one-and-one-quarter-inch
top of asphalt.
Any applicant who has been issued a permit and has agreed
to fulfill all the terms of this chapter.
Any natural person, partnership, firm, association, corporation
or municipal authority.
The Western Westmoreland Municipal Authority, the Municipal
Authority of Westmoreland County, or any company subject to the jurisdiction
of and control by the Pennsylvania Public Utility Commission.
A public street, public easement, right-of-way, public highway,
public alley, public way or public road accepted or maintained by
the municipality 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.
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 Manager 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 Manager is open for business, and said permit shall
be retroactive to the date when the work was begun. In all cases where
emergency openings are necessary, the Police Department shall be notified
prior to such opening. All inspections of permitted work shall be
concluded by the Department of Public Works or their designee, as
appropriate.
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, the permittee may apply to
the Manager for an amended permit to permit 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.
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 by reason of failure to commence work within 30 days after
issuance or within any extension of time granted hereunder may be
renewed only upon the payment of an additional permit fee as originally
required. Permits shall be issued for a period not to exceed one year,
and any application to renew an expired permit shall be treated as
a new application, including the payment of a new permit fee.
Permits are not transferable from one person to another, and
the work shall not be performed in any place other than the location
specifically designated in the permit.
Every permit 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 Manager a request for an
extension of time, setting forth therein the reasons for the requested
extension. If the Manager 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.
Every permit shall be granted subject to the right of the municipality
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.
A.
Any permit may be revoked by the Manager or his duly authorized representative,
after notice to the permittee, for:
(1)
Violation of any condition of the permit or of any provision
of this chapter;
(2)
Violation of any other applicable provisions of the Borough
of Irwin Code, or any law relating to the work;
(3)
Existence of any condition or the doing of any act constituting
or creating a nuisance or endangering the life or property of others.
B.
A permittee shall 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 said permit
is revoked.
C.
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.
D.
When any permit has been revoked and the work authorized by the permit
has not been completed, the Manager shall do or cause to be done such
work as may be necessary to restore the street or part thereof to
as good a condition as before the opening was made. All expenses thereby
incurred by the municipality shall be recovered from the deposit or
bond the permittee has made or filed with the municipality.
It shall be the duty and responsibility of any applicant to:
A.
Make written application for such permit with the Manager on such
form as he shall prescribe. No work shall commence until the Manager
has approved the application and plan and issued a permit and until
the permittee has paid and provided all required fees, deposits, certificates,
and bonds.
B.
Upon request of the Borough, furnish in triplicate the 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.
One copy of the permit shall remain on site with the construction
crew.
C.
Agree to save the municipality, its officers, employees and agents
harmless from any and all costs, 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.
It shall be the duty and responsibility of any person receiving
a permit to:
A.
Pay a minimum permit fee, in an amount as set forth by Council by
way of resolution, charges and expenses as determined by the Borough.
Public utility companies may elect to be billed monthly for such fees
as they accrue, upon written notice to the Manager.
[Amended 7-14-2021 by Ord. No. 995]
D.
Furnish a certificate of insurance as required in § 225-30 of this chapter unless otherwise excepted from such requirement by the provisions of this chapter.
E.
Present evidence, when required, that all materials, labor and equipment
which are needed to complete such work as authorized by the permit
are available.
F.
Keep 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 the municipal public works personnel.
A.
No opening or excavation in any street shall extend beyond the center
line of the street before being backfilled and the surface of the
street temporarily restored unless specific prior permission is obtained
from the Manager.
B.
No more than 250 feet measured longitudinally shall be opened or
excavated in any street at any one time, except by special permission
of the Manager. At the end of the workday, all trenches shall be either
backfilled or plated.
C.
All utility facilities shall be exposed sufficiently or definite
location be determined ahead of trench excavation work to avoid damage
to those facilities and to permit their relocation, if necessary.
Any such facilities damaged by the permittee shall be repaired and/or
replaced by the permittee.
D.
Pipe drains, pipe culverts, or other facilities encountered shall
be protected by the permittee. Any such facilities damaged by the
permittee shall be repaired and/or replaced by the permittee.
E.
Monuments of concrete, iron, or other lasting material set for the
purposes of locating or preserving the lines of any street or property
subdivision, or a precise survey reference point or a permanent survey
benchmark within the municipality 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 Manager. Permission shall be granted
only upon condition that the permittee shall pay all expenses incident
to the proper replacement of the monument.
F.
When work performed by the permittee interferes with the established
drainage system of any street, provision shall be made by the permittee
to provide proper drainage.
G.
When any earth, gravel, 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, or other excavated
material so deposited is not removed as specified, the Manager shall
cause such removal and the cost incurred shall be paid by the permittee
or deducted from his deposit.
H.
Safety requirements.
(1)
Every permittee shall place around the project such barriers, barricades,
lights, warning flags and danger signs as shall be determined by the
Manager to be necessary for the protection of the public. Additional
safety requirements may be prescribed by the Manager and, where applicable,
as set forth in the Pennsylvania Department of Transportation publications,
which are applicable thereto.
(2)
Whenever a person fails to provide or maintain the required safety
devices, such devices shall be installed and maintained by the municipality.
The amount of the cost incurred shall be paid by the permittee or
deducted from his deposit.
(3)
No person 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 section.
I.
Access to private driveways shall be coordinated with abutting property
owners and shall be provided to said abutting property owners during
working construction operations.
J.
Work authorized by a permit shall be performed between the hours
of 7:00 a.m. and 5:00 p.m., Monday through Friday, unless the permittee
obtains written consent from the Manager to do the work at an earlier
or later hour in the case of an emergency or in the event the work
authorized by the permit is to be performed in traffic-congested areas.
K.
In granting any permit, the Manager 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. The conditions may include
but are not limited to the following:
(1)
Limitations on the period 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 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 the work.
A.
All pavement cuts, openings and excavations shall be made properly
and backfilled properly by the permittee according to municipality
specifications as set forth in Appendix A, attached hereto.[1] The permittee also shall place a surface on the pavement
cut, opening or excavation in accordance with municipality specifications
as set forth on Appendix A, attached hereto. The municipality may
from time to time by resolution, duly adopted, amend Appendix A.
[1]
Editor's Note: Appendix A is included as an attachment to this chapter.
B.
If the permittee has been granted permission to restore the street
surface but weather conditions are such as to prevent the completion
of permanent restoration of the street surface at the time backfilling
is completed, the permittee shall install a temporary surface and
maintain same in accordance with municipality specifications until
such time as weather conditions will permit restoration of the street
surface.
C.
The Department of Public Works shall be notified by the permittee
during the forty-eight-hour period preceding the beginning of backfilling
of the site and the approximate time at which backfilling will be
begun.
D.
If paving surfaces adjacent to the street openings may be damaged where trenches are made parallel to the street, where trenches and/or street openings are laid through and/or along the right-of-way, where cross trenches are laid in proximity to one another, or where the equipment used may cause such damage to the roadway, the municipality shall, if the total linear length of the street opening and/or trench repair, parallel or perpendicular to the direction of travel, exceeds 250 lineal feet or exceeds 25% of the length of the affected block of the street, whichever is less, require a full-width, or lane-width, as appropriate, overlay of the entire affected area. Full-width overlay will only be required when the street opening crosses the center line of the street, with the exception of the requirements of § 225-31.1 concerning newly improved streets. The municipality may require a contribution from the permittee for the resurfacing of the entire roadway in lieu of patching or restoration. Such negotiations shall be carried on and contributions agreed upon prior to issuance of a permit.
E.
After excavation is commenced, the work of making and backfilling
the same shall be prosecuted with due diligence.
F.
Inspections of all work authorized by a permit shall be made by the
Department of Public Works and/or the Borough consulting engineer,
at such times and in such manner as required to ensure compliance
with the provisions of this chapter. If the nature of the work to
be performed under any permit is such to require the services of a
full-time inspector, the Department of Public Works, or their designee,
shall provide for the services of such an inspector.
G.
All inspection costs, including those of the Borough consulting engineer,
shall be borne by the permittee. Such costs shall be based upon a
schedule of charges on file in the office of the Manager.
H.
If any settlement in a restored area occurs within a period of two
years from the date of completion of the permanent restoration, and
the permittee fails to make such correction after notification, any
expense incurred by the municipality in correcting such settlement
shall be paid by the permittee or recovered from his bond, unless
the permittee submits proof satisfactory to the Manager that the settlement
was not due to defective backfilling.
I.
In no case shall any opening made by the permittee be considered
in the charge or care of the municipality, or any of its officers
or employees, and no officer or employee of the municipality is authorized
in any way to take or assume any jurisdiction over any such opening,
except in the exercise of police power, which is necessary to protect
life and property.
In those instances where the applicant or permittee 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 municipality with an acceptable corporate
surety bond to guarantee faithful performance of the work authorized
by a permit granted pursuant to this chapter. 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 receipt by the permittee of a certificate
of final inspection from the Department of Public Works. If the permittee
anticipates requesting more than one permit per year as required by
this chapter, the Manager, in his/her discretion, may require a continuing
corporate surety bond to guarantee faithful performance in the amount
of $50,000.
Each applicant, upon the receipt of a permit, shall provide
the municipality with an acceptable corporate surety bond conditioned
for compliance with the street opening specifications of the municipality
and the provisions of this chapter. The Manager shall determine the
amount of the bond, and it shall be in relation to the cost of restoring
the pavement cut to be made by the permittee; provided, however, that
the minimum amount of the bond shall not be less than $2,000. The
term of each such bond shall begin from the completion date of the
permanent restoration of the opening by the municipality and shall
terminate upon the receipt by the permittee of a certificate of final
inspection from the Department of Public Works. If the permittee anticipates
requesting more than one permit a year, the Manager, in his/her discretion,
may require a filing of a continuing corporate surety bond in the
amount of $50,000, conditioned for compliance with the specifications
of the municipality and the provisions of this chapter.
Whenever the Manager and/or Department of Public Works 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 Manager and/or Department of Public Works to be reasonably
necessary for the completion of such work.
After receipt of such notice, the surety must, within the time
therein specified, either cause the required work to be performed,
or, failing therein, indemnify the municipality for the cost of doing
the work as set forth in the notice.
Each applicant, upon the receipt of a permit, shall provide
the municipality with an acceptable 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
or out of 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 street, and shall include protection
against liability arising from completion operations. The amount of
the insurance shall be prescribed by the Manager in accordance with
the nature of the risk involved; provided, however, that the liability
insurance for bodily injury shall be in an amount no less than $250,000
for each person and $500,000 for each accident and for property damages
an amount no less than $100,000, with an aggregate of $300,000 for
all accidents. Public utility companies and authorities may be relieved
of the obligation of submitting such a certificate if they submit
satisfactory evidence that they are insured in accordance with the
requirements of this chapter or have adequate provision for self-
insurance. Public utility companies and authorities may file an annual
certificate of insurance in lieu of individual certificates for each
permit.
When the municipality intends to improve or pave any street,
the Manager first 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 municipality, and
all such persons, public utility companies and authorities shall make
all connections as well as any repairs to any utility or use of the
right-of-way which would necessitate excavation of the street, within
60 days from the giving of such notice. The time shall be extended
if permission is requested in writing and approved by the Manager
after consultation with the Municipal Engineer and Manager.
No permit shall be issued by the Manager 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 or safety require that the proposed work be permitted
or unless an emergency condition exists. For all streets less than
five years old, the applicant shall be responsible for restoration
of the entire width, curb to curb, for the entire length of the disturbed
area, plus one foot on each side, with a minimum length of 20 feet.
Whenever any pipe, conduit, duct, tunnel, or other structure
located under the surface of any street is abandoned, or the use thereof
abandoned, the person owning, using, controlling, or having an interest
therein shall, within 30 days after such abandonment, file with the
Manager a statement in writing giving in detail the location of the
structure so abandoned. Whenever there are manholes or tunnels associated
with any abandoned underground facilities, such manholes or tunnels
shall be capped at the time of the abandonment and the Manager notified
thereof in writing.
A.
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
Manager 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. Upon receipt
of such list, the Manager shall notify the affected property owners
and/or tenants of the proposed work to be done.
B.
If the work to be undertaken by a permittee will affect other subsurface
installation(s) in the vicinity of the proposed opening, the Manager
shall notify the owner(s) of such facilities of the proposed work.
A.
Penalties. Any person, as defined by this chapter, who fails to comply
with any of the requirements or provisions of this chapter or refuses
to comply with any notice, order or direction of the Borough or its
designee or any other authorized employee of the Borough shall pay
a civil penalty not to exceed $600 per violation. A separate offense
shall arise for each day or portion thereof in which a violation is
found to exist or for each section of this chapter which is found
to be violated.
B.
Enforcement. The Manager of the Borough of Irwin, at his/her sole
discretion, may issue a written notice to the person(s) responsible
for the violation requiring the payment to the Borough of a penalty
of $300 per violation. In the event the person(s) who has/have received
notice of the penalty imposed for violation of this chapter does not
voluntarily pay to the Borough the penalty set forth in said notice,
the Borough shall institute a civil proceeding before a Magisterial
District Court. The civil enforcement proceedings shall be initiated
by a complaint or by such other means as may be provided for by the
Pennsylvania Rules of Civil Procedure. In any case where a penalty
for violation of a Borough ordinance has not been timely paid and
the person upon whom the penalty was imposed is found to have been
liable therefor in a civil proceeding, the violator shall be liable
for the penalty imposed, including additional daily penalties for
continuing violations, plus court costs and reasonable attorneys'
fees incurred by the Borough in the enforcement proceedings.
C.
In addition to or in lieu of a civil action before the Magisterial
District Court, the Borough of Irwin may enforce this chapter in equity.
