[Adopted 9-8-2015 by Ord.
No. 1910]
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 unforeseen circumstance or occurrence, the existence
of which constitutes a clear and immediate danger to persons or properties.
A fee established by the City Council for openings in all
City streets. The fee shall be equal to the future cost to mill and
resurface the roadway, curb to curb, 25 feet from each end of the
opening. The fee will be established by City Council by resolution
and revised from time to time.
A public street, public casement, 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 City of Clairton for each separate
undertaking.
B.
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 or unforeseen circumstances demand
the work to be done immediately, provided that the permit could not
have reasonably and practically been obtained beforehand. In such
cases where emergency openings are necessary, the City shall be notified
prior to such openings by either fax (PA One Call) or telephone. The
person shall thereafter apply for a permit on the first regular business
day on which the office of the City of Clairton is open for business,
and said permit shall be retroactive to the date when the work was
begun.
No permittee shall perform any of the work authorized by such
permit in any amount greater than that specified in such permit. An
application for a new 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 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 thereof 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 the expiration of the permit, present, in writing, to the City
Manager a request for an extension of time setting forth therein the
reasons for the requested extension. If the City of Clairton 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 City shall be made and restored under the direction and supervision
of the City of Clairton. 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 facilities.
The provisions of this article shall not be applicable in those
instances where the street or highway is maintained by the Commonwealth
of Pennsylvania 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 City 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 City during the continuation
of said work.
Every permit shall be granted, subject to the right of the City,
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 City of Clairton, after written
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 City Code or any
other applicable ordinance, regulation or statute.
(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 City of Clairton 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 incurred by the City shall be recovered from the deposit
or bond the permittee has made or filed with the City.
It shall be the duty and responsibility of the applicant to:
A.
Make written application for such permit with the City of Clairton
on such form as he or she shall prescribe. No work shall commence
until the City 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 duplicate, a plan showing the work to be performed under
said permit. One copy of such plan shall be returned to the applicant
at the time the permit is granted;
C.
Agree to save the City, 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 permit fee in an amount established by resolution of the City
Council; provided, however, that public utility companies may elect
to be billed monthly for such fees as they accrue, upon written notice
to the City Manager.
B.
Make a deposit to cover any additional costs borne by the City specifically related to the work authorized by the permit and, unless the permittee is granted permission to restore the street surface as provided in § 303-59D 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 City Manager as provided in § 303-60 of this article. In the case of public utility companies, the City may waive the requirement of a deposit if said utility companies file with the City their corporate bond in a form satisfactory to the City Solicitor, conditioned upon the payment to the City 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 City shall bill such utility companies monthly for such costs as they accrue.
C.
Pay a restoration fee equivalent to the surface area, curb to curb
and 25 feet from each end of the utility opening multiplied by a cost
per square yard. Said cost is as established by City Council by resolution
for future milling and resurfacing by the City.
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 100 feet measured longitudinally shall be opened in
any street at any one time, except by special permission of the City
of Clairton.
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 City of such damage
and thereafter may make the necessary repairs or relocation and file
a claim against the permittee with the City for the cost of such repairs
or relocation. Public utility companies concerned shall be notified
by the City 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 City 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
benchmark within the City 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 City. 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 City
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
Department of Public Works/City Manager to be necessary for the protection
of the public. Additional safety requirements may be prescribed by
the City Manager and, where applicable, shall be in conformance with
the requirements set forth in 67 Pa. Code § 203.1 et seq.,
as amended, dealing with work zone traffic control. Copies of the
publication shall be made available in the office of the City Manager
for inspection by the public.
(1)
Whenever any person fails to provide or maintain the required safety
devices, such devices shall be installed and maintained by the City.
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.
(3)
Access to private driveways shall be provided except during working
hours when construction operations prohibit provision of access. Free
access must be provided to fire hydrants at all times.
J.
Access to private driveways shall be provided except during working
hours when construction operations prohibit provision of such access.
Written notification must be provided to affected property owners
and the City five days in advance of work by the contractor.
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 City Manager may require the
permittee to provide the 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
City of Clairton. It 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 50% of the sidewalk width open along
such sidewalk line.
L.
Work authorized to be performed by a permittee shall be performed
between the hours of 7:00 a.m. and 7:00 p.m., Monday through Friday,
unless the permittee obtains written consent from the City Manager
to do the work at an earlier or later hour. Such permission shall
be granted only in the case of any 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 City 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)
Daily 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 a mechanical device for the
breaking of pavement, such as a hydra-hammer, headache ball, etc.,
will be permitted only under special written permission of the City
of Clairton.
A.
All pavement cuts, openings, and excavations shall be made properly and backfilled properly by the permittee according to City specifications, including but not limited to the details attached hereto and incorporated herein. 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 satisfactory to City Department of Public Works standards. 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 City Manager and Department of Public Works shall be notified
by the permittee 48 hours in advance of backfilling and restoration.
Such notice shall provide the approximate time each will begin.
C.
No backfilling or restoration shall be accomplished unless or until
the Department of Public Works is present or permission has been granted
for backfilling or restoration after inspection by the Department
of Public Works.
D.
The work of final restoration, including both paving surface and
paving base, shall be performed directly by the City under the supervision
of the City Manager; provided, however, that upon a public utility
company's application for permission to perform the work of restoration,
the City may grant permission to such public utility company to perform
the work or 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 City.
E.
If the City of Clairton 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,
it is required that the permittee correct and return the disturbed
area to its predisturbed condition.
F.
After excavation is commenced, the work of making and backfilling the same shall be prosecuted with due diligence. Unless the provisions of Subsection F(1) 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
Department of Public Works and/or the City Engineer 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 City Manager shall provide for the services of such inspector.
H.
All costs of inspection shall be borne by the permittee. Such costs
shall be based upon a schedule of charges on file in the offices of
the City.
I.
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 City 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 City Manager, that the
settlement was not due to defective backfilling.
J.
In no case shall any opening made by a permittee be considered in the charge or care of the City or any of its officers or employees, and no officer or employee of the City 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 City assumes charge when making final surface restoration, unless the permittee has been granted permission to perform the work or restoration of the street surface as provided in Subsection D.
A.
Computation of deposit. The City, 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 $500. The deposit shall be paid at the time the permit is issued, and the deposit shall be used to reimburse the City 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 City 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 City its corporate bond as provided in § 303-57B of this article.
B.
Form of deposit. The deposit may be either in the form of a certified,
treasurer's or cashier's check. Personal checks will be
accepted and the permit will be accepted once the check has cleared.
C.
Insufficient deposit. If any deposit is less than sufficient to pay
all costs, the permittee shall, upon demand, pay to the City an amount
equal to the deficiency. If the permittee fails or refuses to pay
such deficiency, the City 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 that 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. A yearly resolution shall establish a
schedule of charges for inspections, labor, materials and other such
expenses as may be incurred by the City in carrying out the provisions
of this article. This schedule shall be established by the City Manager
in accordance with the reasonably anticipated costs to be incurred
by the City 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 City. The City 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 City upon request.
F.
Decision on costs. The decision of the City Manager as to the cost
of any work done or repairs made by him or her under his or her direction,
pursuant to the provisions of this article, shall be final and conclusive
as to such cost, subject to such rights of appeal as may exist by
statute.
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 City Manager shall refund to the permittee his
or her deposit, less all cost incurred by the City in connection with
said permit. In no event shall the permit fee be refunded.
A.
Performance bond where City 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
City with financial security, in a form acceptable to the City Solicitor
to guarantee faithful performance of the work authorized by a permit
granted pursuant to this article. The amount of the financial security
shall be equivalent to the restoration guarantee schedule as stated
in the fee calculation. The term of the financial security shall begin
upon the date of positing thereof and shall terminate upon the receipt
by the permittee of a certificate of final inspection from the City
Manager. If the permittee anticipates requesting more than one permit
per year, as required by this article, he or she may furnish a single
financial security to guarantee faithful performance in such amount
as the City 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 bond surety required by this
section.
B.
Maintenance bond. Each applicant, upon the receipt of a permit, shall
provide the City with financial security, in a form acceptable to
the City Solicitor to guarantee the maintenance of the work authorized
by a permit granted pursuant to this article, as well as compliance
with the street opening specifications of the City and the provisions
of this article. The City Manager and/or City Engineer 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 bond shall begin from the completion date
of the permanent restoration of the opening by the City and shall
terminate upon the receipt by the permittee of a certificate of final
inspection from the City Manager. If the permittee anticipates requesting
more than one permit a year, he or she may file a single financial
security to guarantee maintenance of the work authorized by a permit
wanted under this article, as well as compliance with the specifications
of the City and the provisions of this article, in such amount as
the City 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 City of Clairton shall find
that a default has occurred in the performance of any term or condition
of the permit, 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 City of Clairton 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 City for the cost
of doing the work as set forth in the notice.
Each applicant, upon the receipt of a permit and prior to performing
work under the permit, shall procure and maintain adequate insurance
in an amount of at least $1,000,000 to protect it from claims for
damages because of bodily injury, including death, and from claims
for damages to property which may arise out of or be related to the
performance of work under the permit, whether such performance is
by the applicant or the applicant's subcontractor or anyone directly
or indirectly employed by the applicant. Such insurance shall cover
collapse, explosive hazards, underground work and work by equipment
on the street and shall not include protection against liability arising
from completed operations. The specific amount of the insurance shall
be prescribed by the City Manager in accordance with the nature of
the risk involved; provided, however, that the liability insurance
for bodily injury and property damage shall be in an amount not less
than $1,000,000 per occurrence and $1,000,000 aggregate. A certificate
of insurance, in the amount required by this section and in a form
acceptable to the City Solicitor, shall be filed with the City Manager
prior to commencement of work under the permit. This certificate of
insurance shall also state that the City shall be given written notice
at least 60 days prior to cancellation of such insurance. The City
shall be listed as an additional insured and/or loss payee on all
policies of insurance described in this section. Public utility companies
and authorities may be relieved of the obligation of submitting such
a certificate if they submit satisfactory evidence, in a form acceptable
to the City Solicitor, 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.
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
City 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 City
Manager notified thereof in writing.
B.
When the City 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 City Manager, their removal
is in the best interest of the City. If the owner shall refuse to
remove such abandoned facilities, the City shall remove the abandoned
facilities and the owner shall reimburse the City 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
City of Clairton 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 City 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 contractor
shall notify the owner(s) of such facilities of the proposed work.
The City 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 each project.
A.
Any person, firm or corporation who violates a provision of this
article, or who fails to comply therewith, or with any of the requirements
thereof, shall be, upon conviction thereof, sentenced to pay a fine
up to $1,000 for each violation, plus costs, and, in default of payment
of said fine and costs, to imprisonment to the extent permitted by
law for the punishment of summary offenses.
B.
A separate offense shall arise for each day or portion thereof in
which a violation is found to exist or for each section of this article
found to have been violated. All fines and penalties for the violation
of this article shall be paid to the City Treasurer.
C.
The City may also commence appropriate actions in equity at law or
other to prevent, restrain, correct, enjoin, or abate violations of
this article.
