[Adopted 11-21-2001 by Ord. No. 1472]
This article shall be known as the "Street Opening Ordinance."
Hereinafter, it shall be unlawful to open or excavate in any
street, alley, road, sidewalk or highway of the Borough, or cause
the same to be done, for the purpose of laying or relaying or repairing
any gas, water, sewer, oil and other piping, electric light, telephone,
television, telegraph, heating or other conduits, including the making
of house or service connections therewith, or for the purpose of erecting
or removing any poles to which shall be or are attached telegraph,
telephone, television, electric light, street railway or guy wires
or for any other purpose whatsoever, except driveway access curb cuts,
without first securing a permit from the Borough in accordance with
this article.
Any person or entity who shall desire to make any opening or
excavation in any of the Borough streets is required to file an application
with the Borough Secretary. The application shall be provided by the
Borough and shall include the name of the applicant, the exact location
of the proposed opening or excavation and the approximate size or
depth thereof, the date or dates during which such opening is to be
permitted and the date and time the opening is to be refilled and
resurfaced. The application shall contain an agreement on the part
of the applicant that the work shall be done in a careful and prudent
manner and in full compliance with the ordinances of the Borough and
the laws of the Commonwealth of Pennsylvania, and the applicant shall
defend, indemnify and hold harmless the Borough of Munhall and its
agents, servants and employees against any and all actions, suits,
demands, payments, costs and charges for or by reason of the proposed
opening or excavation and all damages to person or property resulting
in any manner therefrom, or occurring in the prosecution of the work
connected therewith, or from any other matter, cause or thing relating
thereto. All applications for permits shall supply a plan or sketch
indicating the nature, location and dimensions of the proposed opening
for the installation of the new work or modifications. The plan shall
indicate the final location of any conduits, pipes, lines, connections
and property.
A.
No person or entity shall open or excavate any street or alley without
first posting bond or security with the Borough with a trust or surety
company acceptable to the Borough as surety, in the sum determined
by the schedule of fees, conditioned for the faithful performance
of the obligations of this article and for any and all damages, claims,
demands, suits, costs and counsel fees occasioned or arising from
the opening, excavation or closing of said streets and alleys.
(1)
Liability insurance. Prior to issuance of a permit, the applicant
shall provide the Borough of Munhall with a certificate of comprehensive
liability insurance for public liability and property damage with
limits of no less than $1,000,000 per accident and issued by an insurance
company approved by the Borough of Munhall.
(2)
Bond for restoration, repairs and payment of all engineering, inspection and legal fees. In addition to the requirements of Subsection A(1) hereof, as a guarantee of good faith in repairing or restoring the surface of any street, road, alley or highway opened and payment of all fees required by this article, a bond of an approved surety company, deposit of cash or certified check for such guarantee shall be made in the name of the Borough and deposited with the Borough Manager, based upon the following rates:
(a)
A total amount in a sum based upon an amount as set by resolution
of Borough Council per square foot of surface to be opened in the
case of any unimproved street, road, alley or highway of the Borough.[1]
(b)
A total amount in a sum based upon an amount as set by resolution
of Borough Council per square foot of surface to be opened in the
case of any concrete, bituminous, brick or otherwise permanently improved
surface of any street, road, alley, sidewalk or highway of the Borough
or, in lieu thereof, the actual cost of repair.[2]
(c)
The basis of measurement of street and surface openings shall
be the actual square feet of paving or surfacing necessary to completely
repair the street surface at such opening. All opening and excavations
shall be measured by the Borough Engineer, and such measurement shall
be final and conclusive.
B.
Such bond, deposit of cash or certified check, so deposited with
the Borough Manager, shall be turned over to the proper Borough authority
as Council may, by motion, direct and shall be retained for two years
from the date of the final restoration of the opening. In the event
the restoration of the surface of the excavated street, road, alley
or highway is deemed to be improper, faulty, defective or not done
at all, then, in any such case, the permittee shall be given 10 days'
written notice by the Borough to make such repair or restoration as
the Borough deems proper and, upon the failure of the permittee to
do so, the Borough may make such repair or restoration forthwith and
charge or deduct the cost of the same against the bond, deposit of
cash or certified check of the permittee. At the expiration of the
two years, the Borough shall return or refund to the permittee his
bond, deposit of cash or certified check, or any portion of the same
to which he is entitled.
Prior to the issuance of any permit to open or excavate any
street in the Borough of Munhall, the applicant shall pay a permit
fee in the amount fixed.
B.
A separate permit application and accompanying fee shall be required
for each street, alley, road, highway, sidewalk, or portion thereof,
within which opening(s) or excavation(s) are proposed.
C.
All permits shall expire in six months from the date of issuance,
unless extended by the Borough in its sole discretion.
D.
All work under the authority of any permit shall be inspected by
the Borough Engineer and/or Inspector. The Borough of Munhall shall
be given a minimum of 24 hours' advance notice of completion of any
work conducted pursuant to this article for inspection purposes. All
applicants shall be solely responsible for all engineering, inspection
and legal fees associated with such inspection. All such bills received
by the applicant shall be due and payable within 30 days of the date
of issuance. No applicant shall be eligible for additional permits
if a bill issued pursuant to this section is overdue.
E.
If an applicant secures a permit for work to be performed in an area
where a parking meter stall or stalls will be unavailable for public
use, the applicant shall be required to make restitution to the Borough
in the full amount of lost parking meter revenue based on one-hundred-percent
occupancy of the parking meter stall or stalls.
Permits shall be issued only to persons furnishing public utility
services or the owner or owners of the real property adjoining the
location where such opening or excavation is to be made.
A permit may be issued to the applicant after all the requirements
therefor have been filled. If the application is disapproved, written
notice of disapproval, together with reasons therefor, shall be given
to the applicant.
If a permit is required under the provisions of this article,
then a copy of the permit, attested by the proper Borough officer,
shall be kept at all times on the job during the continuance of operations
by those performing the work, otherwise the work may be stopped at
the direction of the police or other officers of the Borough until
such a permit is produced.
[Amended 5-16-2012 by Ord. No. 1558]
A.
All surfaces which are opened subject to this article shall be restored
in accordance with the Paved Surface Restoration Specification Drawing
No. 1, which is attached hereto and made a part hereof.[1]
[1]
Editor's Note: Said Paved Surface Restoration Specification
Drawing is included at the end of this chapter.
B.
Any materials and construction methods employed shall conform to
both the Commonwealth of Pennsylvania Department of Transportation
Specifications Publication 408, current edition, and as it may be
amended from time to time, and Commonwealth of Pennsylvania Department
of Transportation, Standards for Roadway Construction, Series RC-1M
to 100M, current edition, and as it may be amended from time to time.
Both publications are incorporated into and made a part of this article.
C.
If there is a conflict in interpretation between any of the three
sources above described, the one setting the most stringent obligations
shall govern.
D.
A limited exception is hereby created applicable only to Munhall
Borough residential property owners who occupy a house in Munhall
Borough as their primary residence which is the subject of and related
to the restoration work under this article. In this limited circumstance
and this limited exception, all such restoration and repairs under
this article shall be made in accordance with and subject to final
approval in the sole discretion of the Borough Engineer who shall
apply those applicable and relevant engineering standards to such
restoration work which are approved by Munhall Borough Council from
time to time.
A.
Any permittee under this article and those operating with and under
him shall at all times be required to adequately support the surface
of the highway under which they are tunneling, the use of which highway
is permitted by the public, and to take all precautions necessary
to prevent injury or damage to the public. If, in the opinion of the
Borough, it becomes necessary for the safety of the public to have
open trench excavation in lieu of tunneling on openings or excavations
at approximately right angles to the center line of the street or
highway, then the same shall be required of the permittee and those
operating with and under him. The Borough Engineer may add requirements
necessary for the public safety. During the making of any excavation,
every necessary and reasonable precaution shall be taken by the applicant
and those operating with and under him to keep the roadway in a safe
and passable condition both by day and by night.
B.
Any and every opening or excavation in an unimproved roadway shall
be carefully refilled with modified 2A limestone and thoroughly compacted,
and the roadway shall be restored to as good a condition as originally.
In the case of excavations in improved highways, the earth removed
shall be replaced with modified 2A limestone and thoroughly compacted,
and then the brick, concrete, bituminous or other hard surface shall
be replaced with the same type of material in as good a condition
as possible. The applicant shall notify the Borough Inspector when
the opening or excavation is ready for backfilling and before any
backfilling is done, when backfilling work is completed, when temporary
paving has been installed and when the street has been permanently
restored so that inspections may be made.
C.
Any permitted opening or excavation shall be protected by a suitable
barricade during the daylight and a barricade with lights at night
so long as the excavation remains open.
D.
All permits granted herewith are granted under and subject to the
condition that the person to whom the same is issued shall indemnify,
save and keep harmless the Borough and its agents, servants and employees
from any loss in damages or otherwise which may or shall be occasioned
at any time by the said excavation or by any leak, explosion or other
injury from any pipe, apparatus, conduit or any other matter placed
in the said excavation.
In the event that any work performed by or for a permit holder
shall, in the opinion of the Borough Inspector, be unsatisfactory
and the same shall not be 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 the time fixed by the
Borough Inspector, the Borough of Munhall may proceed to correct such
unsatisfactory work or complete any such work not completed and charge
the cost thereof, plus 10%, 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 application for a permit shall be
made immediately and 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 shall not be immediately attended
to by the owner or person responsible for such emergency, then the
Borough, after such notice as it shall deem necessary under the circumstances
of the particular case, shall proceed to do the work made necessary
by such emergency and charge the same on the basis of cost plus 10%
to such owner or person.
The permittee or its contractors do not have the right to cut,
remove or destroy trees or shrubbery within the legal right-of-way,
except under specifications, regulations and conditions as the Borough
may prescribe.
If at any time in the future the roadway is widened, reconstructed
or the alignment or grades are changed, the permittee further agrees
to change or relocate all or any part of the structures covered by
this permit which interfere with the improvement of the roadway at
his own cost and expense.
Payment for all work done by the Borough under the provisions
hereof shall be made by the person made liable therefor under the
provisions hereof within 30 days after a bill therefor is sent to
such person by the Borough. Upon failure to pay such charges within
such time, the same shall be collectible by the Borough by an action
in assumpsit or in the manner provided by law for the collection of
municipal claims.
Any person who shall open or excavate any street in the Borough
shall thoroughly and completely refill the opening or excavation in
such a manner as to prevent any settling thereafter, and shall restore
the surface to the same condition as it was before the opening or
excavation in such a manner as to prevent any settling thereafter,
and shall restore the surface to the same condition as it was before
the opening or excavation, and such restoration shall be in accordance
with the specifications of the Department of Transportation of the
Commonwealth of Pennsylvania, which are hereby adopted as specifications
of the Borough for restoration of surfaces of streets in the Borough,
as restored; the surface shall conform to the proper grade and be
of the same surface covering as the part of the thoroughfare immediately
adjoining the opening. If within two years after the restoration of
the surface as herein provided defects shall appear therein, the applicant
shall reimburse the Borough for the cost of all necessary repairs
to the permanent paving, plus 10%.
The Borough Inspector 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 the said street within 30 days
from the giving of such notice, unless such time is extended, in writing,
for cause shown by the Borough Inspector. New paving shall not be
opened or excavated for a period of five years after the completion
thereof, except in case of emergency, the existence of which emergency
and the necessity for the opening or excavating of such paving to
be determined by the Borough Inspector. If it is sought to excavate
upon or open a street within five years after the completion of the
paving, the applicant shall make written application to the Borough
Council, and a permit for such opening shall be issued only after
express approval of the Borough Council.
Any person, firm or corporation, whether as principal, agent or employee, violating or assisting in the violation of any of the provisions of this article shall, upon conviction thereof, be sentenced to pay a fine as provided in Chapter 1, Article II, General Penalty, of the Code of the Borough of Munhall plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 30 days. Each day that a violation of this article continues or each section of this article which shall be found to have been violated shall constitute a separate offense.
The fees established by this article may henceforth be modified
by simple resolution of Munhall Borough Council.
