[Adopted 11-6-2003 by Ord. No. 03-14]
The following words and terms, when used in this article, shall
have the meanings ascribed to them in this section, except in those
instances where the context clearly indicates otherwise.
A drawing showing the final as-built location, elevation
and/or depth, size and materials of all completed public and private
improvements as well as all easements.
The Borough of Bellevue, located in Allegheny County, Pennsylvania.
That portion of the street right-of-way surfaced for vehicular
use.
The construction standards for streets, stormwater management
facilities, sanitary sewer systems, pedestrian circulation, driveways
and other facilities.
Any landowner not a public utility company, agent of such
landowner including the landowner's contractor or resident or
superintendent, or tenant with permission of such landowner, who constructs
or causes to be constructed any public or private improvements anywhere
in the Borough not under a contract with the Borough.
A private area used exclusively for circulation and ingress
and egress to a street by the owner or owners or visitors of the lot.
A residential building containing one dwelling unit occupied
by one family and which is the only principal building on the lot.
The Borough Engineer, who is charged with the design and
inspection of the work and with determining the quantities of materials
and labor to be paid for. During the excavation of the work, the "Engineer"
shall also be interpreted to mean the assistant, inspector or other
representative acting within the authority given. The Engineer is
to be considered an agent of the Borough.
A corporate bond, letter of credit, or escrow account from
a surety or a financial institution acceptable to the Borough, naming
the Borough as obligee.
The legal or beneficial owner or owners of a lot, including
the holder of an option or contract to purchase (whether or not such
option or contract is subject to any conditions), a lessee (if he
is authorized under the lease to exercise the rights of the landowner),
or other persons having a property interest in the lot.
A street, sidewalk, walkway, gutter, curb, sewer, waterline,
streetlight, street sign or related facility to be dedicated to or
maintained by the Borough.
Any company subject to the jurisdiction of and control by
the Pennsylvania Public Utility Commission or a franchised cable television
company.
A walk for pedestrians constructed to the standards set forth
herein.
Those portions of the contract documents consisting of written
technical descriptions of materials, equipment, construction systems,
standards and workmanship as applied to the work.
Any public street, avenue, boulevard, road, highway, freeway,
parkway, alley, square, lane, viaduct and any other ways used by vehicular
traffic, but not including driveways, parking areas or walkways. "Street"
includes the sidewalk and unimproved areas within the entire ordained
public right-of-way.
A public service, including but not limited to electric service,
gas service, water service, telephone service, and cable TV service.
A walk for pedestrians constructed to the standards set forth
herein.
The opening or excavation of the surface of any street, sidewalk
or other area within the right-of-way dedicated for public use of
the Borough of Bellevue is hereby prohibited, unless a permit is obtained
for that purpose in the manner hereinafter described. Such permit
shall be granted by the Director of Administrative Services of said
Borough when the person, firm or corporation applying for such permit
files an application with the said Director of Administrative Services
in compliance with the provisions of this article and pays the permit
fees hereinafter stated prior to beginning such excavation except
in the case of an emergency; provided, however, that nothing herein
contained shall be construed to permit the issuing of a permit for
the making of a tunnel under any street, sidewalk or right-of-way
dedicated for public use in the Borough. No transfer of a permit shall
be allowed. As the permittee, the utility company or contractor shall
be fully liable for all work done or caused by him and for all damage
done by him or the utility itself and shall accept full responsibility
for restoration and repair to a condition equal to or better than
the existing condition prior to the excavation. The contractor and/or
property owner shall be responsible for Act 38 requirements of 1991
(Pennsylvania One Call System) before beginning any excavation.
A.
The basis of improvement of street and surface openings shall be
the actual number of square feet of paving or resurfacing or brick
removal and replacement necessary to completely repair the street
surface at such opening. The Borough Engineer, the DPW Superintendent,
or their representatives shall measure all openings, and such measurement
shall be final and conclusive.
B.
The basis of improvement of sidewalk and surface openings shall be
the actual number of square feet of concrete necessary to completely
repair the sidewalk surface at such opening. The Borough's DPW
Superintendent, Code Enforcement Officer or their representatives
shall measure all openings, and such measurement shall be final and
conclusive.
Permits for the opening of any street or right-of-way shall
only be granted upon compliance with the following express provisions:
A.
Written application shall be filed with the Director of Administrative
Services or Code Enforcement Officer at the Borough administrative
offices for each and every proposed road opening, sidewalk opening
or other excavation and filed by the person, firm or duly authorized
agent of a corporation desiring such permit. The application shall
set forth the name of the applicant; the purpose of the proposed opening
or excavation; the extent, size, depth and location of the proposed
opening or excavation; the date or dates during which such opening
is to be permitted; the date and time such opening is to refilled
and temporarily resurfaced in the manner hereinafter provided; and
a statement that the applicant will faithfully comply with every provision
of the ordinances of the Borough of Bellevue, the laws of the Commonwealth
of Pennsylvania, and the laws and regulations of the federal government
in relation to any matter specifically related to road openings, sidewalk
openings, and/or excavations, especially those related to safe construction
practices and methods.
B.
All applications for permits shall be accompanied by a plan or sketch
showing the location, character and dimensions of the proposed opening
for the installation of the new work or the location and character
of the alteration involving changes in the location of pipes, conduits,
wires or structures incidental thereto.
C.
No permit shall be granted in any case until the applicant shall
have executed and delivered to the Borough a commitment by which the
owners of said property for which openings are permitted agree to
obligate themselves and indemnify and save harmless the Borough Engineer
or agents of the Borough from any loss, damage or expense whatsoever
in any manner occasioned by or arising from the opening of any street
or way or the work done in consequence thereof or the manner of doing
such work, and to further agree to amicable entry of judgment or lien
for all damages and costs sustained by reason of breach of such agreement
to indemnify.
A.
All road opening and sidewalk opening permit applications are to
be filed with the Director of Administrative Services or Code Enforcement
Officer at the Borough administrative offices. Each and every applicant
shall pay to the Borough of Bellevue the following permit application
and inspection fees at the time the application is made for a permit
to excavate or open any street, sidewalk or way in the Borough. These
fees are established for the purpose of partially defraying the actual
administrative and inspection cost to the Borough of Bellevue of administering
this article. The amount of the fees shall be established and may
be adjusted or changed from time to time by specific resolution of
the Town Council.[1]
(1)
For all openings within the approved cartway established for vehicular
use:
(a)
An application fee shall be charged; and
(b)
An inspection fee per opening not exceeding 30 square feet shall
be charged if the contractor or his representative provides the Borough
Department of Public Works office with a notice of the day and time
that the cartway will be opened at least a minimum of 24 hours prior
to the excavation and also provides a similar notice when the excavation
will be closed and the road surface will be restored.
(c)
If the opening proposed in the application exceeds 30 square
feet, the inspection fee to be charged shall be increased for each
additional 10 square feet.
(d)
If sufficient notice is not received by the Borough Department of Public Works office as indicated in Subsection A(1)(b), the inspection fee noted therein will be doubled.
(e)
The applicant shall be required to pay 125% of the expected
inspection fee in order to provide funds for the inspection of an
"oversized" excavation. Any overage in the funds received by the Borough
shall be refunded to the permit applicant after the work has been
completed and inspected.
(2)
For all openings within the sidewalk or unimproved areas within the
street limits where the actual excavation hereunder is proposed:
(a)
An application fee shall be charged; and
(b)
An inspection fee per property for one or more openings not
exceeding 50 square feet shall be charged if the contractor or his
representative provides the Borough Department of Public Works office
with a notice of the day and time that the sidewalk will be opened
at least a minimum of 24 hours prior to the excavation and a similar
notice when the excavation will be closed and the sidewalk will be
restored.
(c)
If the opening proposed in the application exceeds 50 square
feet, the inspection fee to be charged shall be increased for each
additional 10 square feet.
(d)
If sufficient notice is not received by the Borough Department of Public Works office as indicated in Subsection A(2)(b) above, the inspection fee noted therein will be doubled.
(e)
The applicant shall be required to pay 125% of the expected
inspection fee in order to provide funds for the inspection of an
"oversized" excavation. Any overage in the funds received by the Borough
shall be refunded to the permit applicant after the work has been
completed and inspected.
(3)
For all openings of the sidewalk for the replacement of the sidewalk
that the property owner has chosen to do for any reason other than
utility work without being ordered to do so by a representative of
the Code Enforcement Office:
(a)
An application fee for one or more openings adjacent to one
property shall be charged; and
(b)
All inspection fees shall be waived, provided the property owner
or his representative notifies the Borough Department of Public Works
office not less than 24 hours prior to the placement of the concrete
of the day and time that the concrete will be placed.
(4)
For all openings of the sidewalk for the replacement of the sidewalk
that are required as directed by the Code Enforcement Office due to
noncompliance with existing Borough ordinances:
(a)
An application fee shall be charged; and
(b)
All inspection fees shall be waived for the replacement of the
sidewalk at a property, provided:
[1]
The owner of the property complies with the original notice
of the need for sidewalk replacement within the time limit stipulated
in that original notice issued by the Code Enforcement Office; and
[2]
The property owner or his representative notifies the Borough
Department of Public Works office not less than 24 hours prior to
the placement of the concrete of the day and time that the concrete
will be placed.
(c)
An inspection fee per property for one or more openings not
exceeding 50 square feet shall be charged:
[1]
If the property owner or his representative fails to replace
the sidewalk at a property within the time limit stipulated in the
original notice issued by the Code Enforcement Office; or
[2]
If sufficient notice is not received by the Borough Department of Public Works office as indicated in Subsection A(4)(b)[2] above.
(d)
If the opening for the sidewalk replacement exceeds 50 square
feet, the inspection fee to be charged shall be increased for each
additional 25 square feet.
B.
Utility companies and contractors for such utilities may be permitted
to deposit funds with the Borough which shall be used by the Borough
to pay for the cost of the permits and inspection fees generated by
work done by said utility or contractor in accordance with the fees
as established herein or adjusted by Council in the future. The Borough
will provide a quarterly accounting of withdrawals from such an account
based on the number of applications made and actual measurements taken
of excavations completed during the prior quarter. The existence of
such a fund does not relieve the utility or contractor from completing
the appropriate application form within the time frame as identified
herein. No new permits for excavation work shall be issued if the
amount in said account is determined to be insufficient to pay the
costs associated with any new work to be done by the utility or contractor.
C.
No permit shall be granted to any applicant unless such applicant
shall have first paid to the Borough any and all money which may be
due to the Borough for prior openings made or any loss, damage or
expense in any manner occasioned by or from the openings of streets,
sidewalks or ways in said Borough.
D.
Permits which have expired or have been extended beyond the completion
date or permits which may need to be modified due to the scope of
work extending beyond the description in the permit application will
be subject to the issuance of a supplemental permit including new,
additional or modified permit fees.
The contractor or person doing the work of opening or excavating
as aforesaid shall at all times maintain in his possession and shall
exhibit to any official of said Borough upon demand the permit to
do the said work, which permit only shall be evidence of authority
for doing the same.
All road openings shall be refilled and permanently or temporarily
resurfaced on or before the time fixed in the permit according to
the following methods:
A.
The work is to be done by saw cutting the perimeter and then removing
a section of the improved bituminous asphalt or concrete roadway or
by hand removing the brick or paving block within the section to be
excavated within a brick or block roadway.
B.
The excavated trench to be refilled with earth or other approved
material in four-inch layers thoroughly tamped and compacted. The
entire trench is to be filled with 2A stone or 2RC stone tamped and
compacted in four-inch layers where the opening is in an improved
roadway.
C.
Temporary surfacing is to be maintained for a period of at least
two weeks but not longer than four weeks free of depressions. After
that length of time, the temporary surfacing is to be removed and
replaced with permanent surfacing of similar type material as that
which was removed under the supervision of the Borough Engineer or
a DPW employee acting as an inspector and conforming to the Borough
specifications governing this particular operation. All restoration
work must be inspected by the Borough or its representative.
D.
Only 1/2 of the roadway shall be disturbed at any time; the other
half shall remain intact until the first half is satisfactory for
maintenance of traffic unless other arrangements are perfected to
temporarily bridge the trench while the surface and base course, if
any, are being placed and cured, providing curing is necessary. One-way
traffic must be satisfactorily maintained at all times.
E.
Semibarricades, warning signs and red lights must be placed as deemed
necessary by the Borough Engineer, DPW employee acting as a street
inspector, or police officer, and no material shall be stored or mixed
on the adjacent surface.
F.
Written notice shall be given by the utility company or contractor
to the Borough when the work is completed and ready for final inspection.
G.
Temporary surfacing in place due to plant closings due to seasonal
weather must be maintained on a weekly basis free of depressions.
Temporary material shall be replaced with permanent paving material
no later than April 30 of the following year. Work not completed by
this time will be completed by the Borough at the utility company's
or contractor's expense.
A.
All street openings shall be properly protected in regard to public
safety, in regards to traffic control, vehicular use, pedestrian use,
and any other attractive nuisance or danger that a street opening
or sidewalk opening may cause.
B.
The street opening itself shall be performed in a normal customary
manner of the industry and the backfilling of 2A or 2RC subbase material
in said opening shall be made in four-inch lifts compacted with a
tamper to ensure the proper compaction of the soil and to eliminate
subsidence of the street at later time. Tamping with the bucket of
the backhoe is not an acceptable method of compaction.
C.
All work shall conform to the construction standards contained herein.
D.
Unless the street opening is backfilled the same day, all dirt or
other debris removed from the opening shall be hauled away. In no
case shall any excavated material remain on site beyond that day's
work period. New material to be used as backfill shall be material
suitable for compaction as above described.
E.
Work shall comply with PennDOT Specifications Form 408 for all work
not specified herein.
F.
Where any Borough street, including the paved area, gutters, utilities
and the right-of-way, is hereafter damaged in any manner whatsoever,
the person or persons directly responsible for the damage, the subcontractor
and/or general contractor for whom the person or his superiors work
or with whom they have contracted, shall be jointly liable for any
and all damage to the Borough street and shall repair the damage within
90 days of any written demand by the Borough. All repairs shall meet
Borough standards and shall be subject to Borough inspection. The
liability of the utility company/contractor, if any, shall be determined
by the Borough Engineer and/or Superintendent of Public Works and
the Solicitor.
If at anytime more than 10% of the square area of any fifty-foot
length of roadway in the Borough of Bellevue is opened, that whole
fifty-foot length of road surface from curb to curb shall be milled
and resurfaced to the Borough's specifications.
A.
No openings or excavation in any street shall extend from the curb
or side line into the street a distance greater than one foot beyond
the center line of the street before being properly refilled and the
surface of the street restored to a condition safe and convenient
for travel.
B.
No more than 300 feet longitudinally shall be opened in any street
at any one time.
C.
The work of excavation shall be so conducted as not to interfere
with water mains, gas mains, electricity conduits, sewers or their
connections with buildings, or any other subsurface lines or constructions,
until permission of the proper authorities in connection with such
subsurface lines or constructions shall have been obtained.
D.
No tunneling shall be allowed without the express written approval
of the Borough Engineer and permission therefor endorsed upon the
permit. The backfilling of a tunnel excavation shall be done only
in the presence of the Borough Engineer or an inspector designated
by him and shall be done only in a method approved by him.
E.
During the making of any excavation in any street, every necessary
and reasonable precaution shall be taken by the applicant and the
parties making the same to keep the street in a safe and passable
condition both day and night by guards, barriers, lanterns and other
devices. All openings and excavating permits are authorized to be
granted only under and subject to the express condition that the person
to whom same is issued shall indemnify, save and keep harmless the
Borough, Engineer or Borough representative from any loss in damages
or otherwise whatsoever which may or shall be occasioned at any time
by the opening or excavation or by any leak, explosion or other injury
from any pipe, apparatus, conduit or any other matter placed in the
opening or excavation.
F.
The applicant shall notify the Borough administrative office or the
DPW Superintendent when the road opening or excavation is ready for
backfilling and before any backfilling is actually done. The Superintendent
of Public Works or his representative shall at once undertake his
inspection duties hereunder.
G.
In the event that any work performed by or for a permit holder shall,
in the opinion of the Superintendent of Public Works or the Borough
Engineer, be unsatisfactory and the same is not corrected in accordance
with his instructions within the time fixed by him, or in the event
that the work for which the permit was granted is not completed within
a reasonable time, under all the circumstances, after the date set
for completion in the permit application, the Borough may proceed
to correct such unsatisfactory work or complete any such work not
completed and charge the cost thereof plus 20% to the applicant.
In the case of any leak, explosion or other accident in any
subsurface pipe, line, construction or apparatus, it shall be lawful
for the person owning or responsible for such pipe, line, construction
or apparatus to commence an excavation to remedy such condition before
securing a permit, provided that an application for a permit shall
be made immediately, if possible, but not later than the next business
day thereafter and that all other provisions of this article are fully
complied with. If any such emergency condition is not immediately
attended to by the owner or person responsible for such pipe, line,
construction or apparatus, the Borough may proceed to do the work
or contract for the work to be done that is necessary and required
by such emergency and charge the owner or person responsible its cost
plus 20%.
All work done under the authority of any permit shall be supervised
and inspected by the Borough Engineer, a DPW employee acting as an
inspector, the Code Enforcement Officer or the Assistant Code Enforcement
Officer. Such supervision and inspection shall be done at the sole
expense of the applicant. The Borough Engineer, the DPW employee acting
as an inspector, the Code Enforcement Officer or the Assistant Code
Enforcement Officer shall have the right to inspect and supervise
all work done under street or sidewalk opening permits and shall see
that all the terms and provisions of this article are enforced. The
Borough shall have the power to prosecute every person, firm or corporation
violating any of the provisions contained herein. Utility owners,
contractors or property owners shall give adequate notice to the Borough
to allow the Engineer or Inspector to schedule the inspection of the
work. Adequate notice shall be a minimum of 48 hours prior to the
work.
A.
The Borough shall require, within seven days of application for a
road opening permit, a cash deposit, an irrevocable letter of credit,
a time certificate of deposit, or a performance bond conditioned upon
the proper restoration of the surface. For an opening of up to 300
square feet, a financial security in the amount of $5,000 will be
required. For an opening of more than 300 square feet, the value of
the financial security will be determined by the Borough Engineer
and confirmed by the Director of Administrative Services of the Borough.
B.
The Borough may waive the security requirement in the case of an
individual property owner who is only removing and replacing the sidewalk
at the property he owns.
C.
Work done by or for an individual property owner in conjunction with
utility work or other specific building or site improvements to the
property will always require a security requirement. The security
requirement in such an instance shall be equal to the total cost of
the work to be performed or $5,000, whichever is less.
D.
Each financial security so filed by the applicant, as required hereunder,
shall be conditioned as follows and shall be guaranteed by a corporate
surety containing language commonly used in performance bonds and
approved by the Director of Administrative Services of the Borough:
"Now, the condition of this obligation is such that, if the
said (applicant) principal hereinbefore named, his, their or its heirs,
executors, administrators, successors or assigns, in laying or repairing
or connecting water mains, gas lines, pipes, surface lines, or performing
other work in any public street, avenue, road, square, alley, highway
or other public place located in the Borough, including therein all
sidewalk and unimproved areas within the street limits, requiring
a permit from the Borough for the opening thereof, shall properly
protect and guard all excavations made by him, them or it, and place
lights or warnings while so laying or repairing or connecting or excavating
or performing any such work and erecting such pipes, together with
the curb or gate valve boxes, so that the top thereof shall be flush
with the surrounding ground, and shall forthwith restore at his, their
or its expense the earth, pavements, streets, avenues, roads, squares,
alleys, highways or other public places located in the Borough of
Bellevue, including therein all sidewalk and unimproved areas within
the street limits, and any sewer connections, manhole covers, drains
or castings, insofar as the same have been disturbed by the principal,
in the same condition in which they were before being so disturbed,
to be restored in accordance with this article and keep the same at
his, their or its expense in good repair for two years from the date
of the permit issued for the same by the Borough; and provided, further,
that if the (applicant) principal, his, their or its heirs, executors,
administrators, successors or assigns, respectively, shall indemnify
and save harmless the said Borough of Bellevue, its successors and
assigns, from all loss, damage, costs, charges, excess yardage charges,
increased permit charges, applied permit charges, and expenses whatsoever
in any manner occasioned by or arising from the opening, repairing,
excavating or disturbing of any public street, avenue, road, square,
alley, highway or other public place located in the Borough of Bellevue,
including therein all sidewalk and unimproved areas within the street
limits; and provided, further, that if the (applicant) principal,
his, their or its heirs, executors, administrators, successors or
assigns, respectively, shall indemnify and save harmless the Borough
of Bellevue, its successors or assigns, from all damages, costs, charges
and expenses for which the said Borough of Bellevue may be held liable
for or by reason of injuries or damages to persons or property resulting
from or incurred because of the negligence of the (applicant) principal
in the performance of the work comprehended by the permit or done
by the principal, his, their or its agents, servants, employees or
subcontractors following the issuance thereof, then this obligation
shall be void. Otherwise, it shall be and remain in full force and
effect."
E.
A separate form of financial security (bond) shall be posted with
the Borough for each individual road or sidewalk opening permit acquired.
A single financial security (bond) for the purpose of covering multiple
permit applications shall be permissible; however, such financial
security (bond) shall be accompanied with an irrevocable letter of
credit or a time certificate of deposit in an amount as identified
by the Borough Engineer and confirmed by the Director of Administrative
Services of the Borough.
F.
In addition
to the performance bond or security as required above, the utility
company, contractor or permittee shall file with the Borough a maintenance
bond within seven days of the completion date of the work. The bond
amount shall be for 100% of the restoration cost of the work and shall
be for a period of 24 months after the date of completion.
G.
The financial security provided to the Borough shall be released
upon proper execution of all work and restoration items by the utility
company and/or contractor. The amount of the financial security release
shall be less any expenses incurred by the Borough due to the roadway
opening that were not particularly covered in the permit application.
Any person violating any of the provisions of this article shall,
upon conviction thereof before any Magisterial District Judge, be
subject to a fine of at least $500 plus costs but 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. Each failure to obtain
a permit, to comply with any of the requirements of this article,
and each and every day during which said violation shall continue
shall constitute a separate offense. In addition to the penalties
so provided, the person or persons so violating the provisions of
this article shall pay the costs of making all highway repairs as
hereinbefore provided.
The Director of Administrative Services of the Borough of Bellevue
shall give timely notice to all persons owning property abutting on
any street within the Borough about to be paved or improved and to
all public utility companies operating in the Borough, and all such
persons and utility companies shall make all water, gas or sewer connections,
as well as any repairs thereto which would necessitate excavation
of said street, within 30 days from the giving of said notice, unless
such time is extended in writing for a cause to be shown. New paving
shall not be opened for a term of five years after the completion
thereof, except in the case of an emergency, the existence of which
emergency and the necessity of opening such paving to be determined
by the Borough Engineer. If it is sought to excavate upon or open
a street within five years after the completion thereof for any reason
other than an emergency as above stated, the applicant shall make
a written application therefor to the Town Council of the Borough
of Bellevue, and a permit for such opening shall be issued only after
the express formal approval of Council. Council may provide for any
extraordinary restoration conditions that it deems necessary if it
approves any such permit for opening such street.
Any utility company or contractor that believes he has been
aggrieved by a finding, decision or other action made by the Borough
Engineer or the Borough's DPW Superintendent regarding this streets
and sidewalks ordinance may request and shall receive an opportunity
to appear before the Board of Appeals to present additional relevant
information and request, in writing, reconsideration of the original
finding, decision or action. Failure to comply with the provisions
of this article may result in the revocation or suspension of the
permit at any time by the ordinance officer.
