[Adopted 3-22-1983 by Ord. No. 1369]
A.
PERSON
STREET
The following words, used in this article, shall have the meanings
ascribed to them in this section, except in those instances where
the context clearly indicates otherwise:
Includes any natural person, partnership, firm, association
or corporation.
Any public street, avenue, road, drive, circle, square, alley,
way, highway, sidewalk or other public place located in the City of
Clairton as established within the ordained right-of-way.
B.
In this article, the singular shall include the plural and the masculine
shall include the feminine and the neuter.
It shall be unlawful for any person to open or to make any excavation
of any kind in any street in the City of Clairton except in and upon
those portions thereof established for the use of vehicles and pedestrians.
It shall be unlawful for any person to open or to make any excavation
of any kind in any of the streets in the City of Clairton without
first securing a permit therefor, as hereinafter provided.
Any person who shall desire to make any opening or excavation
in any of the streets in the City of Clairton shall make application
to the City Engineer, in writing, for the purpose. Such application
shall be made upon blanks to be furnished by the City and shall set
forth the name of the applicant, the exact location of the proposed
opening or excavation and the approximate size and depth thereof and
shall contain an agreement on the part of the applicant that the work
shall be done in full compliance with the ordinances of the City and
the laws of the commonwealth in relation thereto and that the applicant
shall well and truly save, defend and keep harmless the City from
and indemnify it against any and all actions, suits, demands, payments,
costs and charges for or by reason of the proposed openings or excavation
and all damages to persons 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.
[Amended 3-13-2012 by Ord. No. 1858]
Before any permit shall be issued to open, excavate or tunnel
any street in the City, the applicant shall pay to the City of Clairton
a permit fee in the minimum amount of $100 for each permit to defray
the expenses of the issuance thereof, inspection and other incidental
services in connection therewith. When application shall be made to
open or excavate any opening or excavation in excess of 50 square
feet, before any permit shall be issued to open, excavate, or tunnel,
the applicant shall pay, in addition to such minimum fee, an additional
administrative and inspection fee at the rate of $1 per square foot
or part thereof for each square foot or part thereof in excess of
50 square feet. This shall not include placement and replacement of
existing utility poles within the right-of-way.
In the case of any leak, explosion or other accident in any
subsurface pipeline, construction or apparatus, it shall be lawful
for the person owning or responsible for such pipeline, 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 pipeline, construction
or apparatus, the City Engineer, after such notice as he or she shall
deem necessary under the circumstances of the particular case, shall
proceed to do the work necessary and required by such emergency and
charge the same on the basis of cost plus 20% to such owner or person.
Any person who shall open or excavate any improved street in
the City shall backfill the opening with granulated slag or an approved
substitute, which shall be tamped in six-inch layers with mechanical
tampers so 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 City for restoration
of surface of streets in the City. As restored, the surface shall
conform to the proper grade and the surface and base shall be of the
same material 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 resulting from defective
backfilling by the applicant, the applicant shall reimburse the City
for the cost of all necessary repairs to the permanent paving.
A.
No opening or excavation in any street shall extend from the curbline
into the highway a distance greater than one foot beyond the center
line of the street before being refilled and the surface of the highway
restored to a condition safe and convenient for travel.
B.
No more than 500 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 the water mains, sewers or their connections with the houses
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 approval of the
City Engineer and permission therefor endorsed upon the permit. The
backfilling of a tunnel excavation shall be made only in the presence
of the City Engineer or an inspector designated by him or her and
shall be done only in a method approved by him or her.
E.
All openings or excavations shall be backfilled promptly with suitable
materials and thoroughly compacted in layers, each of which shall
not exceed six inches in depth. On improved streets, the backfilling
shall be placed to the bottom of the existing subgrade.
F.
On improved streets, a temporary paving of suitable stony materials
thoroughly bound and compacted shall be installed flush with the surface
of the adjoining paving.
G.
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, and all excavating permits are granted under the subject
to the express condition that the person to whom the same is issued
shall indemnify, save and keep harmless the City from any loss in
damages or otherwise whatsoever which may or shall be occasioned at
any time by said excavation or by any leak, explosion or other injury
from any pipe, apparatus, conduit or any other matter placed in said
excavation. The applicant shall notify the Police and Fire Departments
if streets will be temporarily closed to vehicular traffic.
H.
The applicant shall notify the City Engineer when the opening or
excavation is ready for backfilling before any backfilling is done
and when the work is completed by proper backfilling, in the case
of unimproved streets, and by temporary paving in the case of improved
streets.
I.
In the event that any work performed by or for a permit holder shall,
in the opinion of the City Engineer, be unsatisfactory and the same
shall not be corrected in accordance with his or her instructions
within the time fixed by him or her, or in the event that the work
for which the permit was granted is not completed within the time
fixed by the City Engineer, the City may proceed to correct such unsatisfactory
work or complete any such work not completed and charge the cost thereof,
plus 20%, to the applicant.
J.
The applicant shall extend width of trench one foot on each side
beyond the original width and depth to original subgrade as shown
on City of Clairton Drawing Number C-1123 (Details 13 through 17)[1] when ready to repave. The opening shall be paved using
the same material as the part of the thoroughfare immediately adjoining
the opening and shall serve to bridge the actual trench opening. This
stipulation applies only to paved areas.
[1]
Editor's Note: The drawings are on file in the City offices.
K.
Only welders, tack welders and welding operators that are fully qualified
for their respective work assignments shall be employed on a project.
Before any welding is done on a project, the contractor shall submit
to the City Engineer the names of the employees who have been qualified
by the Pennsylvania Department of Transportation or other responsible
authority for the required welding processes and who will perform
the actual welding. Welders, tack welders and welding operators shall
be qualified in accordance with the qualification requirements of
the latest Specifications for Welded Highway and Railway Bridges of
the American Welding Society as designated by the Pennsylvania Department
of Transportation, except as provided herein.
L.
Any person conducting blasting work shall place all said blasting
in the hands of a registered shot-firer, who must produce his or her
license to the City Engineer upon demand. Blasting shall be limited
to single shots, with loads not to exceed 1/2 stick of dynamite (40%
ammonia). Blasting insurance, if found to be necessary, shall be covered
by adequate insurance coverage in a minimum amount of $500,000, subject
to the approval of the City Attorney.
[Amended 4-14-1992 by Ord. No. 1518]
All other work in connection with openings in any street, including
excavation, protection, refilling and temporary paving, shall be done
by the applicant at his or her expense, and all such work shall be
subject to the provisions of this article and to the supervision and
approval of the City Engineer.
A.
The City Engineer shall give timely notice to all persons owning
property abutting on any street within the City about to be paved
or improved and to all public utility companies operating in the City,
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 such
notice, unless such time is extended, in writing, for cause shown
by the City Engineer.
B.
No permit will be required for any line adjustments prior to new
construction.
C.
New paving shall not be opened for a period of five years after the
completion thereof, except in cases of emergency, the existence of
which emergency and the necessity for the opening of such paving to
be determined by the City Engineer. If it is sought to excavate upon
or open a street within five years after the completion of the paving
thereof for any other reason than an emergency as above stated, the
applicant shall make written application to the City Council, and
a permit for such opening shall only be issued after express approval
of Council.
No new water or gas main shall hereafter be laid or constructed
and no existing water or gas main shall be extended in any of the
streets of the City until the exact location thereto and the plan
therefor shall have been first approved by the City Council.
Payment for all work done by the City 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 City. Upon failure to pay such charges within such time, the
same shall be collectible by the City in the manner provided by law
for the collection of municipal claims.
[Amended 4-14-1992 by Ord. No. 1518]
Any person, whether as principal, agent or employee, violating
or assisting in the violation of any of the provisions of this article
shall, upon conviction thereof before a District Justice, pay a fine
of $1,000, plus costs of prosecution and, in default of the payment
of such fine and costs, shall be imprisoned for not more than 90 days.
