[Adopted 4-14-1970 by Ord. No. 730; readopted 10-8-1991 by Ord. No.
873 as Ch. 99, Art. I, of the 1991 Code; amended
in its entirety 7-13-2022 by Ord. No. 1029]
As used in this article, the following terms shall have the
meanings indicated:
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 Charleroi, Washington County, Pennsylvania.
That portion of the street right-of-way surfaced for vehicular
use.
The Board of Commissioners of Borough of Charleroi.
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.
A private area used exclusively for circulation and ingress
and egress to a street by the owner(s) 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 execution 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 oblige informs specified herein.
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 proprietary interest in the lot.
A street, sidewalk, walkway, gutter, curb, sewer, waterline,
street light, 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 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.
An 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 entire right-of-way.
A public service including but not limited to electric service,
gas service, water service, phone 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 or right-of-way
dedicated for public use of the Borough of Charleroi is hereby prohibited,
unless a permit is obtained for that purpose in the manner hereinafter
described. Such permit shall be granted by the Borough Secretary/Code
Enforcement Department of said Borough when the person, firm, or corporation
applying for such permit files an application with the said Secretary/Code
Enforcement Department in compliance with the provisions of this article,
and pays the monies hereinafter stated; 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 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
existing initially. The contractor shall be responsible for Act 38
requirements of 1991 (PA 1-CALL) before beginning any excavation.
The basis of improvement of street and surface openings shall
be the actual number of square yards of paving or resurfacing necessary
to completely repair the street surface at such opening. All openings
shall be measured by the Borough Engineer 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 for each and every opening and
filed by the person, firm, or duly authorized agent of a corporation
desiring such permit; the application shall set forth the purpose
of opening, extent, size, and location of the same; date or dates
during which such opening is to be permitted, the date and time such
opening is to be refilled and temporarily resurfaced in the manner
hereinafter provided and applicant will faithfully comply with every
provision of this article; 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.
B.
No permits 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.
Each and every applicant shall pay to the Borough for the following
permit application and inspection fees at the time application is
made for the permit to excavate or open any street or way in the Borough.
The amount of the fees shall be established from time to time by resolution
of the Borough Council.
B.
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
or ways in said Borough.
C.
Permits which have expired or 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 or
modified permit fees.
The contractor or person doing the work of opening or excavation
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 openings shall be refilled and temporarily resurfaced on
or before the time fixed in the permit according to the following
methods:
A.
The work is to be done by cutting and removing a section of the improved
roadway.
B.
Excavated trench is to be refilled with earth or other approved material
in four-inch layers thoroughly tamped; entire trench is to be filled
with 2A stone or 2RC stone tamped in four-inch layers, where the opening
is in an improved roadway.
C.
Temporary resurfacing is to be maintained for a period of at least
two weeks free of depressions. After that length of time the temporary
surfacing is to be removed and replaced with surfacing of similar
type material as that which was removed, under the supervision of
this particular operation.
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.
Semi-barricades, warning signs and red lights must be placed as deemed
necessary by the Borough Engineer or Street Inspector, or police officer,
and no material shall be stored or mixed on the adjacent surface.
F.
Written notice shall be given when the work is completed.
G.
Temporary surfacing in place due to plant closing 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 season. 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 the
public safety, in re: traffic, 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 in the industry and that the backfilling of 2A sub-base material
in said opening, shall be made in four in lifts compacted with a tamper
to ensure the proper compaction of the soil and to eliminate subsidence
of the street at a later time. Tamping with the bucket of the backhoe
is prohibited.
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 any time, more than 10% of the square area of any fifty-foot
length of roadway in Charleroi Borough is opened, that whole fifty-foot
length of road curb to curb shall be milled and resurfaced to the
Borough's specifications.
A.
No opening 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 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 approval of the Borough
Engineer and permission therefore 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 opening 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 administrator when the opening
or excavation is ready for backfilling and before any backfilling
is actually done. The Administrator shall thereupon immediately notify
the Superintendent of Public Works, who 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, 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 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 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 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 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 and/or Street Inspector, such
supervision and inspection shall be done at the sole expense of the
applicant. The Borough Engineer and Street Inspector shall have the
right to inspect and supervise all work done under street opening
permits and shall see that all the terms and provisions of this article
are enforced and the Borough Code Enforcement Officer shall have the
power to prosecute every person, firm, or corporation violating any
of the provisions contained herein.
A.
The Borough shall require, within seven days of application of 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 security
deposit in the amount of $5,000 will be required. For an opening of
more than 300 square feet, the value of the bond will be determined
by the Borough Engineer.
B.
Each bond 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 Borough:
"Now, the condition of this obligation is such: that if the
(applicant), principal hereinbefore named, his, their, or it's
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 it's expense, the earth,
pavements, streets, avenues, roads, squares, alleys, highways, or
other public places located in the Borough, 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 ordinance and keep the same at his, their, or it's
expense is good repair for two years from the date 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 Borough,
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
within the Borough, 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,
it's successors or assigns from all damages, costs, charges and
expenses for which the Borough may be held liable for or by reason
of injuries or damages to a 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 it's 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."
C.
A separate form of security shall be posted with the Borough for
each individual road opening permit acquired. A single bond for the
purpose of covering multiple permit applications shall be permissible;
however, such bond shall be accompained with an irrevocable letter
of credit or a time certificate of deposit.
D.
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.
E.
Financial security shall be released upon proper execution of all
work and restoration items by the utility company and/or contractor.
Financial security release shall be less any expenses incurred by
the Borough due to the roadway opening which were not particularly
covered in the permit application.
Any person violating any of the provisions of this article shall,
upon conviction thereof, be subject to a fine of $300 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 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.
Any utility company/contractor aggrieved by a finding, decision,
or other action of the Borough Planning Commission or Borough Council
regarding this Streets and Sidewalks Ordinance may request and shall
receive an opportunity to appear before the Planning Commission or
Borough Council, 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.
