[HISTORY: Adopted by the Borough Council of the Borough of
Dormont as indicated in article histories. Amendments noted where
applicable.]
[Adopted 5-7-1956 by Ord. No. 935]
A.
Any person desiring to cut a curb for a driveway within the limits
of the Borough before beginning work shall be required to secure a
written permit therefor from the Borough Manager, having first paid
to the Borough Manager a permit fee as set forth from time to time
by resolution of the Borough Council.
[Amended 8-1-1994 by Ord. No. 1433]
B.
No permit shall be issued for any driveway in excess of 15 feet in
width.
[1]
Editor's Note: Original §§ 25.1, 25.2,
25.3 and 25.4, regarding sidewalks and curbs, which immediately preceded
this section, were repealed 8-1-1994 by Ord. No. 1433.
[Amended 8-1-1994 by Ord. No. 1433]
Any person desiring to cut a curb for a driveway shall submit
to the Borough office detailed plans indicating the location and size
of the opening, which plans must be approved by the Borough Manager
before a permit will be granted.
Should the use of a driveway be discontinued after a permit
has been issued as required by this article and the curb cut pursuant
thereto, the owner of the property shall be required to restore the
curb to its original condition, and upon the neglect or failure of
any owner of property to restore the curb to its original condition
after notice to such owner, the Borough may cause the curb to be restored
to its original condition and may collect the cost thereof and 10%
additional, together with all charges and expenses, from such owner
and may file a municipal claim therefor or collect the same by action
in assumpsit.
[Added 10-2-1995 by Ord. No. 1454[1]]
It shall be unlawful for any person to roller-skate, roller-blade,
ride upon a bicycle or ride a skateboard on any sidewalk in a zoned
commercial district at any time within the Borough or at any other
location where it has been properly posted by the Borough that such
activity is expressly prohibited.
[Amended 8-1-1994 by Ord. No. 1433]
It shall be the duty of all owners of property abutting on any
paved street or any street that may hereafter be paved with brick
or other permanent material, upon 30 days' written or printed
notice from the Borough, to lay a sidewalk conforming to the provisions
of this article. In case of failure of any owner of such property
to lay such sidewalks, the Borough may cause such sidewalks to be
laid and may collect from the owner thereof the cost thereof, with
penalties, interest and attorneys' fees, as permitted by law.
[Added 3-2-1959 by Ord. No. 969; amended 8-1-1994 by Ord. No.
1433]
It shall be the duty of each owner of lots abutting on any paved
street in the Borough to maintain and keep in repair the sidewalk
in front of his or her premises. Whenever any sidewalk shall be in
need of repair, it shall be the duty of the Borough to give written
or printed notice to the owner of the lot abutting thereon to cause
the same to be repaired within 30 days thereafter, and if such owner
shall fail or refuse to comply with such notice, the Borough may cause
the same to be repaired and may collect the cost and expenses thereof,
with penalties, interest and attorneys' fees, as permitted by
law.
Before any sidewalk shall be constructed, reconstructed or repaired,
the abutting property owner, the person in possession or the contractor
performing the work shall be required to procure from the Borough
Manager a permit authorizing such construction, reconstruction or
repairs. Such permit shall be issued without charge.
In the construction of any sidewalk, the mixture shall be made
in a batch mixer or other equipment so constructed as to prevent the
mixture or any part thereof from coming in contact with the paved
portion of the highway. After the construction is completed, the paved
highway shall be cleaned and left in the same condition as it was
before the work of construction was commenced.
[Amended 8-1-1994 by Ord. No. 1433]
The construction, reconstruction and repair of sidewalks shall
be subject to the inspection and supervision of the Borough Engineer.
If such construction, reconstruction and repairs are not being made
in accordance with the requirements of this article, the Borough Manager
and/or the Borough Engineer shall have the right to stop the work
and enforce compliance with this article.
[Amended 8-1-1994 by Ord. No. 1433]
The owners of all lands fronting on unimproved streets where
curbs and gutters have not been constructed in the Borough shall provide,
keep and maintain a concrete curb. Such curb and gutter shall be constructed
in accordance with the usual and regular specifications for like improvements
within the Borough. All such curbs and gutters shall be laid under
the supervision of the Borough Engineer.
[Amended 8-1-1994 by Ord. No. 1433]
In all cases where the owners of property in the Borough have not already laid the curbs and gutters provided for in § 181-10, such owners shall, within 30 days after service of notice by the Borough, cause such curbs and gutters to be made and laid, and on the failure of such landowners to make and lay such curbs and gutters within 30 days after the service of notice upon them, the Borough shall cause such curb and gutter to be made and laid and collect from the owners the cost thereof, with penalties, interest and attorneys' fees, as permitted by law.
[Amended 8-1-1994 by Ord. No. 1433]
No provision of this article shall preclude the Borough from
filing a municipal claim in order to preserve a lien as provided by
law.
[Amended 8-1-1994 by Ord. No. 1433]
The cost, damages and expense of proposed new street construction
may be assessed upon the abutting property owners.[1]
[1]
Editor's Note: Original §§ 25.19 and 25.20,
regarding assessments, which immediately followed this section, were
repealed 8-1-1994 by Ord. No. 1433.
[Amended 8-1-1994 by Ord. No. 1433]
The width, location and grade of the sidewalks in the Borough
shall be fixed in accordance with construction standards as prepared
by the Borough Engineer and adopted by the Borough Council.[1]
[1]
Editor's Note: Original §§ 25.22, 25.23,
25.24 and 25.25, regarding pavement construction, which immediately
followed this section, were repealed 8-1-1994 by Ord. No. 1433.
[Amended 8-1-1994 by Ord. No. 1433]
All streets, highways and sidewalks in the Borough shall at
all times remain open and unobstructed for the use of the public.
Building material placed on any street or highway by permission of
the Borough shall only be placed in front of the premises being built
upon and shall not be upon the highway and shall not be permitted
to remain longer than it shall be necessary so to occupy the street
or highway and shall be immediately removed upon notice from the Borough.
All such material shall be piled in a safe and careful manner. It
shall be the duty of the person placing such building materials on
the streets or highways of the Borough constantly to display a lantern
from dusk to daylight on each end of the obstruction in a conspicuous
place.
[Added 12-18-1978 by Ord. No. 1255]
It shall be unlawful for any person to deposit or cause to be
deposited on any highway, street or alley within the Borough any snow
which has been removed from sidewalks or steps, driveways or any other
private grounds.
[Added 12-18-1978 by Ord. No. 1255]
No snow which has fallen upon highways, streets or alleys in
the Borough shall be piled or accumulated upon said highways, streets
or alleys. All snow falling upon highways, streets and alleys in the
Borough, if disturbed, must be removed to private grounds. The provisions
of this section shall not apply to snow clearing and removal by the
Borough.
[Amended 8-1-1994 by Ord. No. 1433]
No sheds or buildings of any kind shall be constructed on the
streets, highways or sidewalks of the Borough. No mortar or plaster
shall be mixed on the surface of any of the paved streets or highways
or sidewalks of the Borough. No materials or obstructions whatsoever
shall be placed on any street, highway or sidewalk of the Borough
within 25 feet either way or in front of any fire hydrant now located
or which may hereafter be located in the Borough. Persons obstructing
any thoroughfare are required to display an illuminated lantern on
the obstructions.
[Amended 12-18-1978 by Ord. No. 1255; 8-1-1994 by Ord. No. 1433; 7-10-2000 by Ord. No. 1491]
All sidewalks in the Borough shall be kept clean and clear from
all dirt, earth, rock, rubbish, glass, refuse matter and other obstruction,
and all sidewalks shall at all times be allowed to remain open and
unobstructed for the use of the public. All owners of premises or
persons inhabiting premises abutting sidewalks in the Borough shall
be responsible for ensuring that the sidewalks are free and clear
of all dirt, earth, rock, rubbish, glass, refuse matter and other
obstructions. In addition, the owner or persons inhabiting premises
of the abutting property shall keep sidewalk areas free from weeds,
hedges and other similar obstructions at all times. When snow shall
fall, the same shall be removed within 24 hours after the snow shall
cease to fall. In the case of vacant or unoccupied property of owners
residing outside of the Borough, the Borough may, at its option, cause
any such dirt, earth, rock, rubbish, glass, refuse matter, snow or
other obstruction to be removed or notify such nonresident owner to
remove the dirt, earth, rock, rubbish, glass, refuse matter, snow
or other obstruction within 24 hours. In case of his or her failure
to do so, the Borough shall remove the same and collect the cost thereof
from such nonresident owner.
[Amended 8-1-1994 by Ord. No. 1433; 6-4-2007 by Ord. No. 1552]
No steps, areaways, vault holes, cellar doors, basement windows
or artificial structures or projections of any kind shall be allowed
or permitted to encroach or project beyond the inner line of any sidewalk
in the Borough, nor shall any building or structure or attachment
thereto or any part of any building or structure, except roof cornices
and door and window sills, be allowed or permitted to encroach upon,
overhang beyond, or project over the inner line of any Borough right-of-way,
including sidewalks, without the consent of the Council being first
obtained thereto, which shall be evidenced by resolution passed in
the regular manner, and without proof of insurance naming the Borough
as an additional insured. In granting such consent, the Council may
attach such conditions as it determines in its sole discretion.
A.
It shall be unlawful for any person to place or erect any post, pump,
gasoline pump, gasoline filling device, oil pump, oil filling device
or other obstruction on any part of the sidewalks between the curb
and the property line within the limits of the Borough.
B.
The structures enumerated in this section are not intended to include
poles and posts used by public service utilities.
[Amended 8-1-1994 by Ord. No. 1433]
All poles, trees and lampposts which may be located within the limits of any street shall be located between the sidewalk and the property line and not against the curb, or in conformity with Chapter 210, Zoning, whichever is more restrictive.
Any person who violates or permits a violation of this article
shall, upon conviction in a summary proceeding under the Pennsylvania
Rules of Criminal Procedure, be guilty of a summary offense and shall
be punishable by a fine of not more than $1,000, plus court costs
and reasonable attorneys' fees incurred by the Borough in the enforcement
proceedings. Upon judgment against any person by summary conviction,
or by proceedings by summons on default of the payment of the fine
or penalty imposed and the costs, the defendant may be sentenced and
committed to the Borough correctional facility for a period not exceeding
10 days or to the county correctional facility for a period not exceeding
30 days. Each day that such violation exists shall constitute a separate
offense, and each section of this article that is violated shall also
constitute a separate offense. In addition to or in lieu of enforcement
under this section, the Borough may enforce this article in equity
in the Court of Common Pleas of Allegheny County.
[Adopted 8-1-1994 by Ord. No. 1433 (Ch. 181, Art. III, of
the 1994 Code)]
The following words, 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:
Any person who makes application for a permit.
Any unforeseen circumstances or occurrence, the existence
of which constitutes a clear and immediate danger to persons or properties.
The Manager of the municipality or his or her authorized
deputy, representative or inspector.
Newly constructed cartways, including base and surfacing
of either concrete or asphalt and reconstructed cartways surfaced
with at least 1 1/4 inch top of asphalt. It shall be the prerogative
of the Director of Public Works to define the category of "newly improved
street" and advise the proper utility companies of this designation.
Any person who has been issued a permit and has agreed to
fulfill all the terms of this article.
The Allegheny County Sanitary Authority (ALCOSAN), any cable
television company or any company subject to the jurisdiction of and
control by the Pennsylvania Public Utility Commission.
A public street, public easement, right-of-way, public highway,
public alley, public sidewalk, public way or public road accepted
or maintained by the municipality or open for travel and use by the
public, whether or not so accepted or maintained, including the entire
area within the right-of-way thereof.
A.
It shall be unlawful for any person to make any tunnel, opening or
excavation of any kind in or under the surface of any street without
first securing a permit from the Manager for each separate undertaking;
provided, however, that any person maintaining pipes, lines or other
underground facilities in or under the surface of any street may proceed
with an opening without a permit when emergency circumstances demand
the work to be done immediately, provided that the permit could not
reasonably and practically have been obtained beforehand. In such
cases where emergency openings are necessary, however, the municipality
shall be notified prior to such openings in one of the following manners:
B.
The person shall thereafter apply for a permit on the first regular
business day on which the office of the Manager is open for business,
and said permit shall be retroactive to the date when the work was
begun.
No person to whom a permit has been granted shall perform any
of the work authorized by such permit in any amount greater than that
specified in the permit, except that where the permittee desires to
perform additional work not in excess of an amount greater than 10%
of the amount specified in the permit, the permittee may apply to
the Manager for an amended permit to permit the additional work. If
the additional work desired to be performed by the permittee exceeds
10% of the amount specified in the original permit, an application
for a new permit shall be made. Any deposit or bond posted in connection
with the original permit shall be deemed to cover any such additional
work as may be added pursuant to the issuance of an amended permit
within the limit specified herein.
Work for which a permit has been issued shall commence within
30 days after the issuance of the permit therefor. If not so commenced,
the permit shall be terminated automatically unless the permittee
applies for an extension of time within which to commence work. If
such an extension is granted, the original permit shall remain in
force for the period of time specified in the extension. Permits which
terminate by reason of failure to commence work within 30 days after
issuance or within any extension of time granted hereunder may be
renewed only upon the payment of an additional permit fee as originally
required.
Permits are not transferable from one person to another, and
the work shall not be performed in any place other than the location
specifically designated in the permit.
Every permit shall expire at the end of the period of time which
shall be set out in the permit. If the permittee shall be unable to
complete the work within the specified time, he or she shall, prior
to expiration of the permit, present, in writing, to the Manager a
request for an extension of time setting forth therein the reasons
for the requested extension. If the Manager finds that the failure
to complete the work under the permit within the time specified therein
was due to circumstances reasonably beyond the control of the permittee
and that an extension of time to complete the work under the permit
is necessary and not contrary to the public interest, the permittee
may be granted additional time for the completion of the work.
All street openings required by utilities owned and/or operated
by the municipality shall be made and restored under the direction
and supervision of the Manager. The permit, fee, deposit, insurance
and bond requirements of this article shall not be applicable to any
openings made by municipally owned and/or operated utilities.
The provisions of this article shall not be applicable in those
instances where the street or highway is maintained by the commonwealth
or by the County of Allegheny; provided, however, that any person
applying for a permit to do work within the right-of-way of a street
or highway maintained by the Commonwealth of Pennsylvania or by the
County of Allegheny which would otherwise require a permit under the
terms of this article shall notify the Manager at the time that said
application is made and at the time that the work under any permit
issued pursuant to said application is begun, so that proper safety
precautions may be taken by the municipality during the continuation
of said work.
Every permit shall be granted subject to the right of the municipality
or of any other person entitled thereto to use the street for any
purpose for which such street may lawfully be used not inconsistent
with the permit.
A.
Any permit may be revoked by the Manager, after notice to the permittee,
for:
(1)
Violation of any condition of the permit or of any provision of this
article.
(2)
Violation of any other applicable provision of the Municipal Code
or any law relating to the work.
(3)
The existence of any condition or the doing of any act constituting
or creating a nuisance or endangering the life or property of others.
B.
A permittee shall be granted a period of three days from the date
of the notice to correct the violation and to proceed with the diligent
prosecution of the work authorized by the permit before said permit
is revoked.
C.
Written notice of any such violation or condition shall be served
upon the permittee or his or her agent engaged in the work. The notice
shall contain a brief statement of the reasons for revoking the permit.
Notice may be given either by personal delivery thereof to the person
to be notified or by certified or registered United States mail addressed
to the person to be notified.
D.
When any permit has been revoked and the work authorized by the permit
has not been completed, the Manager shall do or cause to be done such
work as may be necessary to restore the street or part thereof to
as good a condition as before the opening was made. All expenses thereby
incurred by the municipality shall be recovered from the deposit or
bond the permittee has made or filed with the municipality.
It shall be the duty and responsibility of any applicant to:
A.
Make written application for such permit with the Manager on such
form as he or she shall prescribe. No work shall commence until the
Manager has approved the application and plan and issued a permit
and until the permittee has paid and provided all required fees, deposits,
certificates and bonds.
B.
Furnish, in triplicate, a plan showing the work to be performed under
said permit. Two copies of such plan shall be returned to the applicant
at the time the permit is granted.
C.
Agree to save the municipality, its officers, employees and agents
harmless from any and all costs, damages and liabilities which may
accrue or be claimed to accrue by reason of any work performed under
said permit. The acceptance of a permit shall constitute such an agreement
by the applicant, whether the same is expressed or not.
It shall be the duty and responsibility of any person receiving
a permit to:
A.
Pay a minimum permit fee in an amount as set forth by resolution
of the Borough Council; provided, however, that public utility companies
may elect to be billed monthly for such fees as they accrue, upon
written notice to the Manager.
B.
Make a deposit to cover any additional costs borne by the municipality specifically related to the work authorized by the permit and, unless the permittee is granted permission to restore the street surface as provided in § 181-37D of this article, the cost of restoring the street surface removed or damaged by the work done under such permit. The amount of such deposit shall be computed by the Manager as provided in § 181-38 of this article. In the case of public utility companies, the municipality may waive this requirement of a deposit if said utility companies file with the municipality their corporate bond in a form satisfactory to the Municipal Solicitor, conditioned upon the payment to the municipality of all costs which would otherwise be covered by and paid out of such a deposit. In the event that such utility companies elect to file such a bond, the municipality shall bill such utility companies monthly for such costs as they accrue.
A.
No opening or excavation in any street shall extend beyond the center
line of the street before being backfilled and the surface of the
street temporarily restored.
B.
No more than 250 feet measured longitudinally shall be opened in
any street at any one time, except by special permission of the Manager.
C.
All utility facilities shall be exposed sufficiently or their definite
location shall be determined ahead of trench excavation work to avoid
damage to those facilities and to permit their relocation, if necessary.
D.
Pipe drains, pipe culverts or other facilities encountered shall
be protected by the permittee.
E.
Any person whose facilities are damaged or caused to be relocated
by the permittee shall notify the permittee and the municipality of
such damage and thereafter may make the necessary repairs or relocation
and file a claim against the permittee with the municipality for the
cost of such repairs or relocation. Public utility companies concerned
shall be notified by the municipality in sufficient time to determine
the validity of the damage or relocation claims. The cost of such
repair work or relocation work may be withheld by the Manager from
the deposit pending determination of liability for the damage.
F.
Monuments of concrete, iron or other lasting material set for the
purpose of locating or preserving the lines of any street or property
subdivision or a precise survey reference point or a permanent survey
bench mark within the municipality shall not be removed or disturbed
or caused to be removed or disturbed unless permission to do so is
first obtained, in writing, from the Manager. Permission shall be
granted only upon the condition that the permittee shall pay all expenses
incident to the proper replacement of the monument.
G.
When work performed by the permittee interferes with the established
drainage system of any street, provision shall be made by the permittee
to provide proper drainage.
H.
When any earth, gravel or other excavated material is caused to flow,
roll or wash upon any street, the permittee shall cause removal of
the same from the street within eight hours after deposit to permit
safe flow of traffic. In the event that the earth, gravel or other
excavated material so deposited is not removed as specified, the Manager
shall cause such removal, and the cost incurred shall be paid by the
permittee or deducted from his or her deposit.
I.
Every permittee shall place around the project such barriers, barricades,
lights, warning flags and danger signs as shall be determined by the
Manager to be necessary for the protection of the public. Additional
safety requirements may be prescribed by the Manager and, where applicable,
shall be in conformance with the requirements set forth in 67 Pa.
Code Chapter 212, dealing with work zone traffic control. Copies of
the publication shall be made available in the office of the Manager
for inspection by the public.[1]
(1)
Whenever any person fails to provide or maintain the required safety
devices, such devices shall be installed and maintained by the municipality.
The amount of the cost incurred shall be paid by the permittee or
deducted from his or her deposit.
(2)
No person shall willfully move, remove, injure, destroy or extinguish
any barrier, warning light, sign or notice erected, placed or posted
in accordance with the provisions of this section.
J.
Access to private driveways shall be provided except during working
hours when construction operations prohibit provision of such access.
Free access must be provided at all times to fire hydrants.
K.
Excavated materials shall be laid compactly along the side of the
trench and kept trimmed up so as to cause as little inconvenience
as possible to public travel. In order to expedite the flow of traffic
or to abate dirt or dust nuisance, the Manager may require the permittee
to provide toe boards or bins; and if the excavated area is muddy
and causes inconvenience to pedestrians, temporary wooden plank walks
shall be installed by the permittee as directed by the Manager. If
the street is not wide enough to hold the excavated material without
using part of the adjacent sidewalk, the permittee shall keep a passageway
at least 1/2 the sidewalk width open along such sidewalk line.
L.
Work authorized by a permit shall be performed between the hours
of 7:00 a.m. and 7:00 p.m., Monday through Saturday, unless the permittee
obtains written consent from the Manager to do the work at an earlier
or later hour. Such permission shall be granted only in the case of
an emergency or in the event that the work authorized by the permit
is to be performed in traffic-congested areas.
M.
In granting any permit, the Manager may attach such other conditions
thereto as may be reasonably necessary to prevent damage to public
or private property or to prevent the operation from being conducted
in a manner hazardous to life or property or in a manner likely to
create a nuisance. Such conditions may include, but shall not be limited
to:
(1)
Limitations on the period of the year in which the work may be performed.
(2)
Restrictions as to the size, weight and type of equipment.
(3)
Designation of routes upon which materials may be transported.
(4)
Designation of the place and manner of disposal of excavated materials.
(5)
Requirements as to the laying of dust, the cleaning of streets, the
prevention of noise and other results offensive or injurious to the
neighborhood, the general public or any portion thereof.
(6)
Regulations as to the use of streets in the course of the work.
N.
Hydra-hammer, headache ball. The use of mechanical devices for the
breaking of pavement, such as a hydra-hammer, headache ball, etc.,
will be permitted only under special written permission of the Manager.
A.
All pavement cuts, openings and excavations shall be made properly and backfilled properly by the permittee according to municipal specifications. Unless the permittee has been granted permission to restore the street surface, as provided in Subsection D, the permittee also shall place a temporary surface on the pavement cut, opening or excavation in accordance with municipal specifications. If the permittee has been granted permission to restore the street surface, but weather conditions are such as to prevent the completion of permanent restoration of the street surface at the time backfilling is completed, the permittee shall install a temporary surface in accordance with municipal specifications until such time as weather conditions will permit permanent restoration of the street surface.
B.
The Manager shall be notified by the permittee during the forty-eight-hour
periods preceding the beginnings of backfilling and restoration and
the approximate time each will be begun.
C.
No backfilling or restoration shall be accomplished unless or until
the Manager is present or permission has been granted for backfilling
or restoration after inspection by the Manager.
D.
The work of final restoration, including both paving surface and
paving base, shall be performed directly by the municipality under
the supervision of the Manager; provided, however, that upon a public
utility company's application for permission to perform the work
of restoration, the municipality may grant permission to such public
utility company to perform the work of restoration. In those cases
where such permission is granted, the work of restoration, including
both paving surface and paving base, shall be performed by the permittee
according to municipal specifications and shall be subject to inspection
by the municipality.
E.
If the Manager finds that paving surfaces adjacent to the street
openings may be damaged where trenches are made parallel to the street
or where a number of cross trenches are laid in proximity to one another
or where the equipment used may cause such damage, he or she may require
negotiated contribution from the permittee for the resurfacing in
place of patching of such street if the total area of the proposed
patch or probably damaged area exceeds 25% of the total pavement surfacing
between curb faces or between concrete gutter edges. Such negotiations
shall be carried on and contributions agreed upon prior to issuance
of a permit.
F.
After excavation is commenced, the work of making and backfilling the same shall be prosecuted with due diligence. Unless the provisions of Subsection A of this section apply, the permittee is required to complete permanent restoration of the street surface in accordance with municipal specifications within seven days after repairs and/or installation are completed. Furthermore, the permittee shall be required to install and maintain a temporary surface in accordance with municipal specifications during:
G.
Inspections of all work authorized by a permit shall be made by the
Manager at such times and in such manner as required to assure compliance
with provisions of this article. If the nature of the work to be performed
under any permit is such as to require the services of a full-time
inspector, the Manager shall provide for the services of such an inspector.
H.
All inspection costs shall be borne by the permittee. Such costs
shall be based upon a schedule of charges on file in the office of
the Manager.
I.
Upon completion of all work accomplished under the provisions of
a permit, the permittee shall notify the Manager, in writing. A certificate
of final inspection shall be issued by the Manager to each permittee
no sooner than one year and not later than 18 months after the permanent
restoration of the excavation has been made, provided that the work
authorized by the permit has been performed according to municipal
specifications. Prior to the issuance of a certificate, the Manager
shall make a final inspection of the restoration to determine whether
municipal specifications have been adhered to.
J.
If any settlement in a restored area occurs within a period of two
years from the date of completion of the permanent restoration and
the permittee fails to make such correction after notification, any
expense incurred by the municipality in correcting such settlement
shall be paid by the permittee or recovered from his or her bond,
unless the permittee submits proof, satisfactory to the Manager, that
the settlement was not due to defective backfilling.
K.
In no case shall any opening made by a permittee be considered in the charge or care of the municipality or any of its officers or employees, and no officer or employee of the municipality is authorized in any way to take or assume any jurisdiction over any such opening, except in the exercise of the police power when it is necessary to protect life and property; provided, however, that the municipality assumes charge when making final surface restoration, unless the permittee has been granted permission to perform the work of restoration of the street surface as provided in Subsection D.
A.
Computation of deposit. The Manager, upon receipt of a properly completed application, shall determine the amount of the deposit to be made by the permittee in accordance with the schedule of charges established pursuant to Subsection E of this section; provided, however, that the minimum deposit required shall not be less than $50. The deposit shall be paid at the time the permit is issued, and the deposit shall be used to reimburse the municipality for the cost of any work and/or materials furnished by it in connection with work authorized by the permit, to cover the cost of all necessary inspections of said work or any other expenses incurred by the municipality in carrying out the provisions of this article. In the case of a public utility company, the requirement of such deposit may be waived if such public utility company files with the municipality its corporate bond as provided in § 181-35B of this article.
B.
Form of deposit. The deposit may be either in the form of a certified,
treasurer's or cashier's check or in lawful money of the
United States.
C.
Insufficient deposit. If any deposit is less than sufficient to pay
all costs, the permittee shall, upon demand, pay to the municipality
an amount equal to the deficiency. If the permittee fails or refuses
to pay such deficiency, the municipality may institute an action to
recover the same in any court of competent jurisdiction. Until such
deficiency is paid in full, no additional permits shall be issued
to such permittee.
D.
Yearly deposit. Whenever any public utility company shall anticipate
applying for permits for more than one street opening or excavation
per calendar year and does not elect to file a corporate bond as hereinbefore
provided, such public utility company may post one deposit in an amount
and form as hereinbefore provided for the calendar year or part thereof
to cover the cost of deposits which would otherwise be required for
the anticipated permits.
E.
Deposit and cost schedules. The Manager shall establish a schedule
of charges for inspections, labor, materials and other such expenses
as may be incurred by the municipality in carrying out the provisions
of this article. This schedule shall be established by the Manager
in accordance with the reasonably anticipated costs to be incurred
by the municipality in making such inspections, including reasonable
administrative and overhead expenses, and in accordance with the currently
prevailing costs in the area for any labor and materials which may
be provided by the municipality. The Manager shall revise said schedule
from time to time to reflect any increase or decrease in the costs
used to establish said charges. The schedule shall be open to public
inspection in the office of the Manager upon request.
F.
Decision on costs. The decision of the Manager as to the cost of
any work done or repairs made by him or her or under his or her direction,
pursuant to the provisions of this article, shall be final and conclusive
as to such cost.
G.
Refund of deposit. Upon notification by the permittee that all work
authorized by the permit has been completed and after restoration
of the opening, the Manager shall refund to the permittee his or her
deposit, less all costs incurred by the municipality in connection
with said permit. In no event shall the permit fee be refunded.
A.
Performance bond where municipality does not restore opening. In
those instances where the applicant has received or intends to apply
for permission to perform the work of restoration of the street surface,
each such applicant or permittee, upon receipt of a permit, shall
provide the municipality with an acceptable corporate surety bond
to guarantee faithful performance of the work authorized by a permit
granted pursuant to this article. The amount of the bond shall be
100% of the estimated cost of restoring the street opening. The term
of the bond shall begin upon the date of posting thereof and shall
terminate upon the receipt by the permittee of a certificate of final
inspection from the Manager. If the permittee anticipates requesting
more than one permit per year, as required by this article, he or
she may furnish one continuing corporate surety bond to guarantee
faithful performance in such amount as the Manager deems necessary.
The amount of such bond shall be in relation to the cost of restoring
pavement cuts to be made by the permittee throughout the year. In
the case of a public utility company, its corporate bond, in a form
satisfactory to the Solicitor, may be accepted in lieu of the corporate
surety bond required by this section.
B.
Maintenance bond. Each applicant, upon the receipt of a permit, shall
provide the municipality with an acceptable corporate surety bond
conditioned for compliance with the street opening specifications
of the municipality and the provisions of this article. The Manager
shall determine the amount of the bond, and it shall be in relation
to the cost of restoring the pavement cut to be made by the permittee;
provided, however, that the minimum amount of the bond shall not be
less than $2,000. The term of each such bond shall begin from the
completion date of the permanent restoration of the opening by the
municipality and shall terminate upon the receipt by the permittee
of a certificate of final inspection from the Manager. If the permittee
anticipates requesting more than one permit a year, he or she may
file a continuing corporate surety bond conditioned for compliance
with the specifications of the municipality and the provisions of
this article in such amount as the Manager deems necessary. The amount
of such bond shall be in relation to the cost of restoring pavement
cuts to be made by the permittee throughout the year. In the case
of a public utility company, its corporate bond, in a form satisfactory
to the Solicitor, may be accepted in lieu of the corporate surety
bond required by this section.
C.
Default in performance. Whenever the Manager shall find that a default
has occurred in the performance of any term or condition of the permit,
written notice thereof shall be given to the principal and to the
surety on the bond. Such notice shall state the work to be done, the
estimated cost thereof and the period of time deemed by the Manager
to be reasonably necessary for the completion of such work.
D.
Completion of work. After receipt of such notice, the surety must,
within the time therein specified, either cause the required work
to be performed or, failing therein, indemnify the municipality for
the cost of doing the work as set forth in the notice.
Each applicant, upon the receipt of a permit, shall provide
the municipality with an acceptable certificate of insurance indicating
that he or she is insured against claims for damages for personal
injury as well as against claims for property damage which may arise
from or out of the performance of the work, whether such performance
is by himself or herself, his or her subcontractor or anyone directly
or indirectly employed by him or her. Such insurance shall cover collapse,
explosive hazards and underground work by equipment on the street
and shall include protection against liability arising from completed
operations. The amount of the insurance shall be prescribed by the
Manager in accordance with the nature of the risk involved; provided,
however, that the liability insurance for bodily injury shall be in
an amount no less than $250,000 for each person and $500,000 for each
accident, and for property damages, in an amount no less than $100,000,
with an aggregate of $300,000 for all accidents. Public utility companies
and authorities may be relieved of the obligation of submitting such
a certificate if they submit satisfactory evidence that they are insured
in accordance with the requirements of this article or have adequate
provision for self-insurance. Public utility companies may file an
annual certificate of insurance in lieu of individual certificates
for each permit.
A.
Notice of proposed improvement. When the municipality shall improve
or pave any street, the Manager first shall give notice to all persons
owning property abutting on the street about to be paved or improved
and to all public utility companies and authorities operating in the
municipality, and all such persons, public utility companies and authorities
shall make all connections, as well as any repairs thereto which would
necessitate excavation of the street, within 30 days from the giving
of such notice. The time shall be extended if permission is requested,
in writing, and approved by the Manager after consultation with the
Municipal Engineer.
B.
Restrictions upon opening newly improved street. No permit shall
be issued by the Manager which would allow an excavation or opening
in a paved and improved street surface less than five years old unless
the applicant can demonstrate clearly that public health or safety
requires that the proposed work be permitted or unless an emergency
condition exists.
C.
Penalty for opening newly improved street. If, by special action
of the Manager, a permit is issued to open any paved and improved
street surface less than five years old, a penalty charge shall be
made for the opening, except that the penalty shall be waived in the
event that the work is of an emergency nature. The penalty charge
shall be on a sliding scale and shall be equal to 2% of the cost of
restoring the opening for each unelapsed month or fraction thereof
of the five-year restricted period. Said penalty may be waived by
action of the municipal governing body.
A.
Every person owning, using, controlling or having an interest in
pipes, conduits, ducts or other structures under the surface of any
street used for the purpose of supplying or conveying gas, electricity,
communication impulses, water or steam to or from the municipality
or to or from premises of its inhabitants or for any other purposes
shall file with the Manager, within 120 days after the adoption of
this article, a written statement containing the names of the municipality's
streets wherein the aforementioned facilities owned by such person
are located.
A.
Whenever any pipe, conduit, duct, tunnel or other structure located
under the surface of any street is abandoned or the use thereof is
abandoned, the person owning, using, controlling or having an interest
therein shall, within 30 days after such abandonment, file with the
Manager a statement, in writing, giving in detail the location of
the structure so abandoned. Whenever there are manholes or tunnels
associated with any abandoned underground facilities, such manholes
or tunnels shall be filled in at the time of abandonment and the Manager
notified thereof, in writing.
B.
When the municipality plans to pave or improve streets in which there
are abandoned facilities, the owner of such facilities shall be notified
to remove them if, in the opinion of the Manager, their removal is
in the best interest of the municipality. If the owner shall refuse
to remove such abandoned facilities, the municipality shall remove
the abandoned facilities and the owner shall reimburse the municipality
for such removal.
A.
If the work to be undertaken by the permittee is such that it will
affect the use of properties abutting or adjoining the project, the
Manager may require the permittee to submit a list of owners and/or
tenants and/or addresses of all properties abutting the area where
the work authorized by the permit is to be performed. Upon receipt
of such list, the Manager shall notify the affected property owners
and/or tenants of the proposed work to be done.
B.
If the work to be undertaken by a permittee will affect other subsurface
installation(s) in the vicinity of the proposed opening, the Manager
shall notify the owner(s) of such facilities of the proposed work.
The Manager shall notify, in writing, municipal police and fire
authorities of all street opening permits he or she grants of a nature
that would require a street being closed. Such notification shall
state the nature of the work to be done, the proposed beginning and
completion dates and the location of such project.
Any person who violates or permits a violation of this article
shall, upon conviction in a summary proceeding under the Pennsylvania
Rules of Criminal Procedure, be guilty of a summary offense and shall
be punishable by a fine of not more than $1,000, plus court costs
and reasonable attorneys' fees incurred by the Borough in the enforcement
proceedings. Upon judgment against any person by summary conviction,
or by proceedings by summons on default of the payment of the fine
or penalty imposed and the costs, the defendant may be sentenced and
committed to the Borough correctional facility for a period not exceeding
10 days or to the county correctional facility for a period not exceeding
30 days. Each day that such violation exists shall constitute a separate
offense, and each section of this article that is violated shall also
constitute a separate offense. In addition to or in lieu of enforcement
under this section, the Borough may enforce this article in equity
in the Court of Common Pleas of Allegheny County.
