City of Monessen, PA
Westmoreland County
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Table of Contents
Table of Contents
[Derived from Ch. XXIII, Part 1B, of the 1964 Code of Ordinances]
[Amended 4-10-1970 by Ord. No. 8-1970; 3-19-1997 by Ord. No. 2-1997]
Any person, firm or corporation desiring to make an opening in any street or public alley in the City of Monessen for any house connection for gas, water or sewer, or for any other purpose, shall first pay to the City Clerk a sum as set from time to time by resolution of the City Council as a permit and inspection fee, plus a cash deposit as set from time to time by resolution of the City Council. In lieu of the cash deposit, a minimum continuing bond in the amount of $1,000 will be acceptable for a street or alley opening not more than 30 feet in length. Additional permit and inspection fee, cash deposit or, in lieu thereof, the minimum required bond shall be paid for each additional 30 linear feet of surface removed.
[Amended 4-10-1970 by Ord. No. 8-1970]
The deposit paid or, in lieu thereof, the bond filed will be returned to the person, firm or corporation one year after the deposit is paid, provided that the street opening and the work thereon is first approved by the City Engineer.
[Amended 3-16-2011 by Ord. No. 4-2011]
A. 
It shall be unlawful to make any such excavation or tunnel in any way contrary to or at variance with the terms of a permit issued therefor. Proper bracing shall be maintained to prevent the collapse of adjoining ground; no excavation shall have any area below the surface which extends beyond the opening at the surface.
(1) 
No injury shall be done to any pipes, cable or conduits in the making of such excavations or tunnels. Before any pipe, cable or conduit is disturbed by the making of an excavation or tunnel, the permittee shall give notice to the persons maintaining any such pipes, cables or conduits, or to the City department or officer charged with the care thereof, that pipes, cables and conduits may be endangered or affected.
(2) 
No unnecessary damage or injury shall be done to any tree or shrub or the roots thereof.
B. 
Breaking through pavement.
(1) 
Heavy-duty pavement breakers may be prohibited by the Superintendent of the Department of Streets when the use endangers existing substructures or other property or does not meet the trench finish requirements.
(2) 
Saw cutting of portland cement concrete may be required when the nature of the work or the condition of the street warrants. When required, the depth of the cut shall be not less than one inch in depth; however, depths greater than one inch may be required by the Superintendent of the Department of Streets when circumstances warrant. Saw cutting may be required by the Superintendent of the Department of Streets outside of the limits of the excavation over cave-outs, overbreaks and small floating sections.
(3) 
Approved cutting of bituminous pavement surface ahead of excavations may be required by the Superintendent of the Department of Streets to confine pavement damage to the limits of the trench.
(4) 
Sections of sidewalks shall be removed to the nearest score line or joint.
(5) 
Unstable pavement shall be removed over cave-outs and overbreaks and the subgrade shall be treated as the main trench.
(6) 
Pavement edges shall be trimmed to a vertical face and neatly aligned with the center line of the trench. The width of the trench prior to pavement replacement shall be consistent the entire length of the cut. The trimmed edges shall not vary by more than three inches for every 10 linear feet of cut. An approved tack material shall be applied to all edges of existing pavement to ensure the new patch has a watertight bond with the old pavement. All joints must be sealed with asphalt cement, Class PG 64-22.
(7) 
Cutouts outside of the trench lines must be normal or parallel to the trench line.
(8) 
Boring or other methods to prevent cutting of new pavement may be required by the Superintendent of the Department of Streets.
(9) 
The permittee shall not be required to repair pavement damage existing prior to excavation unless his cut results in small floating sections that may be unstable, in which case the permittee shall remove and pave the area.
C. 
Every person, firm or corporation opening any street or alley shall use mechanical tamping on refilling the opening and, on all paved streets and alleys, shall use an eight-inch subbase of concrete, with the original surface to be restored on the concrete subbase. In the event of damage to any curb or sidewalk in the street opening, the person, firm or corporation shall be responsible for repairing the same, subject to the approval of the City Engineer. Any bracing in the excavation shall be left in the ground. The refilling and surface restoration shall comply with all ordinances of the City.
D. 
If the permittee opens pavement having a bituminous concrete surface and the City's wearing course is less than five years old, the permittee shall, in addition to the restoration conditions outlined in the permit and in this section, overlay the pavement in accordance with the following conditions:
(1) 
When a longitudinal opening longer than 100 linear feet has been made in the pavement, the permittee shall overlay the traffic lanes in which the opening was made, for the entire length of highway that was opened, in a manner authorized by the City.
(2) 
When two or more transverse openings have been made within 100 linear feet of pavement, the permittee shall overlay traffic lanes in which the openings were made, for the entire length of highway between the openings, in a manner authorized by the City.
(3) 
When four or more emergency openings have been made by the same permittee within 100 linear feet of pavement, the permittee shall overlay traffic lanes in which the openings were made, for the entire length of highway between the openings, in a manner authorized by the City.
(4) 
If disturbed lanes adjacent to undisturbed lanes are overlayed, the edge of the disturbed lane shall be saw cut or milled to a depth of 1 1/2 inch or the depth of the existing surface course, whichever is less, for the length of the opening to ensure a smooth joint, with proper elevation and cross section. A full-width overlay may be authorized on various streets instead of saw cutting or milling the disturbed lane.
(5) 
If disturbed lanes adjacent to shoulders are overlayed, the shoulder shall be raised, with material and in a manner authorized by the City for the type of existing shoulder, so that the overlaid pavement and shoulder edges are at the same elevation.
(6) 
Where an excavation must be performed within five years of the installation of the wearing course, the City may require the permittee to cold plane and relay the full width of the road surface on both sides of the street opening cut a distance of 20 feet from the furthest outside edges to the cut. If that repair overlaps the edge of a repair from a previous opening, the City may require the applicant to relay the full width of the road to the furthest edge of that previous repair. The City may require excavations that are performed during the first five years after the placement of the wearing course to be treated with the infrared process or other approved method such as, but not limited to, colt planing and paving with a paving machine.
E. 
Regardless of the age of the wearing course:
(1) 
If more than 100 linear feet of longitudinal or transverse openings, or both, are made in the pavement, the City may require the permittee to overlay traffic lanes in which the openings were made, for the entire length of highway that was opened, if the City Engineer determines that the rideability or structural integrity of the pavement has been impaired by the openings.
(2) 
If four or more openings are made by the same permittee within 100 linear feet of pavement, the City Engineer may require the permittee to restore the entire disturbed pavement between the openings by milling, planing or other authorized method and overlaying the entire disturbed pavement.
(3) 
The joint of a bituminous concrete pavement patch for a street excavation shall not fall within the wheel path of a vehicular travel lane. In such cases, the excavation shall be enlarged to the center of the lane or adjacent lane.
(4) 
The maximum length of open trench in an excavation permissible at any time shall be 200 feet. No greater length is to be opened for pavement removal, excavation, construction, backfilling, repairing or any other operation without the express written permission of the Superintendent of Streets.
(5) 
Replacement of portland cement concrete pavement shall be with an approved portland cement concrete mixture and with reinforcement, thickness and contraction joints equal to that which was removed during the excavation.
F. 
If an opening is made in a bituminous concrete pavement or curb within three feet from the edge of pavement or other longitudinal joint or opening, the surface restoration shall be extended to the edge of pavement or other longitudinal joint or opening.
G. 
If the permittee opens any street or public alley with a brick surface, the brick surface shall be restored after excavation and underlying work has been completed. To the extent possible, the existing brick shall be removed, secured and preserved in a manner to maximize its reuse. The excavation of bricks shall generally be performed by hand with prybar tools to avoid damage, stacked on wooden pallets, wrapped, and delivered to the City Garage, or other area designated by the City, for storage until reinstallation. All brick damaged by the contractor shall be replaced in kind at the contractor's cost. The replacement aggregate base shall be compacted over a woven geotextile. The bricks shall be placed on a one-inch thick sand layer consisting of 100% passing a three-eights sieve, but not more than 3% passing a No. 200 sieve. The bricks shall be compacted into place with a vibrating plate compactor. The contractor shall be responsible for the brick replacement for a twenty-four-month period for damages relating to poor compaction and/or brick placement.
H. 
Permits and fees. The City shall charge a street opening permit fee for all work performed within the City right-of-way to cover the City's inspection and administrative costs associated with the street opening permit program. The fee structure is intended to reflect the permittee's reasonable proportionate share of such costs. Council shall set and modify fees periodically by resolution.
I. 
Exceptions and special conditions.
(1) 
The provisions of this section shall not apply to any excavation or street opening required or made in connection with the 2010 Grand Boulevard Sanitary Sewer Interceptor Replacement Project.
(2) 
The provisions of this section shall not apply to the installation or repair of stormwater catch basins.
(3) 
On a street scheduled for major reconstruction, the City may waive the street openings fees for utilities or contractors performing work in these areas until the base pavement has been installed.
(4) 
On streets where the City has installed a new sanitary sewer, storm drain or water main, and the pavement on such streets is in poor condition, the City may waive up to 100% of the total street opening fees to the applicant.
(5) 
The City shall charge no street opening fee for utility pole installation in a grassy area so long as the excavated area is cleaned up and restored as close to its original condition as possible. If not, the City will impose a minimum fee for clean up and restoration.
(6) 
The City shall waive street opening fees for work done under contract to the City, the Commonwealth of Pennsylvania, or the United States of America.
J. 
Emergency permits. In the event of an emergency, the excavator may complete the work without obtaining a street opening permit. However, a permit must be obtained after the emergency situation is corrected.
[Amended 3-16-2011 by Ord. No. 4-2011]
Any person, firm or corporation failing to comply with any of the provisions of § 340-1, 340-2 or 340-3 of this article, after having been notified to comply therewith, shall, upon conviction thereof in a summary proceeding before the Magisterial District Judge having jurisdiction of such offense, be sentenced to pay a fine not less than $250 nor more than $1,000 for a first offense, or a fine of not less than $500 nor more than $1,000 for a second or subsequent offense. No excavation or street permits shall be issued, and the privilege to excavate shall be revoked, until any fine imposed has been paid. Upon conviction of an excavator of a second offense for violation of this article, the City may revoke the excavator's excavation and street opening privileges for up to six months.
A. 
Any public utility desiring to install new service lines in any public street or right-of-way must file in the office of the City Engineer a plan layout showing the location of said lines before construction is begun.
B. 
Penalty for beginning construction of utility lines without filing plans. Upon conviction thereof in a summary proceeding before any District Justice having jurisdiction of such offense, any person violating any of the provisions of this section shall be sentenced to pay a fine of not more than $300 or to undergo imprisonment not exceeding 90 days, or both.