As used in this article, the following terms shall have the
meanings indicated:
BOROUGH
Borough of Ligonier, in Westmoreland County, Pennsylvania.
DRIVEWAY
Any private road or means of entry or exit adjacent to or
abutting a Borough road intended or available for access to a Borough
road.
PERMITEE
Person who makes application for permit from the Borough
and who is responsible for compliance with the provisions of this
article.
PERSON
Individual, partnership, corporation, municipal corporation,
or authority, or any utility public or private or any other business
entity.
PLAN
A sketch or drawing showing the work dimensions such as location
of facility or intended facility requiring opening or disturbing road,
width of traveled roadway, right-of-way lines, and dimension to nearest
intersecting road; and where required for purposes of this article,
profile of grades, depths of materials, utility poles, cuts and fills,
and obstacles and structures inhibiting observation.
WORK
Opening, constructing, tunneling, cutting, excavating, disturbing,
altering, or modifying a Borough road.
Any person seeking a permit to do work on a road shall provide
restoration and maintenance security pursuant to the following standards
and rules:
A. The amount of security shall be determined by the Borough with said
amount to reasonably assure restoration and/or maintenance of the
affected areas of roads.
B. The security shall be held by the Borough for a period of 24 months
from the date of completion of the work and/or restoration in the
event that there is a failure of the work and/or restoration performed
by permittee.
C. The security shall be submitted in the name of the Borough in the
form of cash, irrevocable letter of credit issued by a bank maintaining
an office in the Commonwealth of Pennsylvania, or surety bond issued
by a corporation duly registered as a surety company in good standing
with the Pennsylvania Insurance Department, all such instruments to
be in form and substance acceptable to the Borough.
D. The security, if cash, shall be held by the Borough in a noninterest-bearing
escrow bank account, and shall be returned to the permittee 24 months
following the restoration and maintenance obligations as set forth
above without interest.
E. The Borough shall have the power to forfeit or otherwise seize and
use the restoration and maintenance security upon a reasonable determination
that permittees has defaulted on its obligation to maintain and/or
restore a Borough roadway. The Borough shall also have authority to
reduce the amount of security if it deems appropriate.
F. The Borough shall have the authority to waive or modify the posting
requirements of restoration and maintenance security hereunder where
adequate provisions have otherwise been made for restoration and maintenance
of the work area.
(1) Bond will only apply to large projects or contracted services for
large projects.
(2) A two-year warranty will apply to all excavations performed on primary
roadways.
(3) A one-year warranty will apply to all excavations performed on secondary
roadways.
(4) See attachment map of primary roadways.
Approval by the Borough of all or part of any permitted work
shall not constitute acknowledgment that the work was performed in
accordance with the permit, nor shall such approval act as a release
of the permittee or waiver by the Borough of its right to seek performance
or restitution from the permittee.
Work is to conform to Borough standards. The work shall be done
at such time and in such manner as shall be consistent with the safety
of the public and shall conform to all requirements and standards
of the Borough. If at any time it shall be found by the Borough that
the work is not being done or has not been performed properly, the
permittee, upon being notified by the Borough, shall immediately take
the necessary steps, at its own expense, to place the work in a condition
to conform to such requirements or standards. If any dispute arises
between the permittee and the Borough's inspector/agent, the Borough's
agent or inspector shall have the authority to suspend work until
the question at issue can be referred to and be decided by the Borough.
Whenever a construction or demolition operation requires the
movement of a vehicle from the property during the construction period,
it shall be the responsibility of the permittee to install and maintain
a stone-based driveway on the premises so as to prevent the tracking
of mud and other debris onto the public roadway. In the event that
mud or other debris is transmitted onto the roadway, it shall be the
responsibility of the permittee to remove said mud and debris immediately
from said roadway.