As used in this article, the following terms shall have the
meanings indicated:
AS-BUILT PLAN
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.
CARTWAY
That portion of the street right-of-way surfaced for vehicular
use.
CONSTRUCTION STANDARDS
The construction standards for streets, stormwater management
facilities, sanitary sewer systems, pedestrian circulation, driveways
and other facilities.
DEVELOPER
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 Township not under a contract.
DRIVEWAY
A private area used exclusively for circulation and ingress
and egress to a street by the owner or owners of visitors of the lot.
DWELLING, SINGLE FAMILY
A residential building containing one dwelling unit occupied
by one family and which is the only principal building on the lot.
EMERGENCY
Any unforeseen circumstance or occurrence, the existence
of which constitutes a clear and immediate danger to persons or properties.
ENGINEER
The Township 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 Township.
FINANCIAL SECURITY
A corporate bond, letter of credit, or escrow account from
a surety or a financial institution acceptable to the Township, naming
the Township as obligee in forms specified herein.
LANDOWNER
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 of the lot.
PERMITTEE
Any person who has been issued a permit and is obligated
to fulfill all the terms of this article.
PUBLIC IMPROVEMENTS
A street, sidewalk, walkway, gutter, curb, sewer, water line,
streetlight, street sign or related facility to be dedicated to or
maintained by the Township.
PUBLIC UTILITY COMPANY
Any company subject to the jurisdiction of and control by
the Pennsylvania Public Utility Commission or franchised cable television
company.
RESTORATION GUARANTEE FEE
The amount of the financial security, in a form acceptable
to the Township Solicitor and in compliance with the requirements
of this article, to guarantee faithful performance of the work authorized
by a permit granted. The fee shall be equal to the schedule as stated
in the fee calculation. Pavement replacement shall be calculated as
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
Township Commissioners by resolution and revised from time to time.
SIDEWALK
A walk for pedestrians, constructed to the standards set
forth herein.
SPECIFICATIONS
Those portions of the contract documents consisting of written
technical descriptions of materials, equipment, construction systems,
standards and workmanship as applied to the work.
STREET
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.
TOWNSHIP
The Township of Stowe, Allegheny County, Pennsylvania.
UTILITY
A public service, including, but not limited to, electric
service, gas service, water service, phone service and cable TV service.
WALKWAY
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 Township of Stowe is hereby prohibited
unless a permit is obtained for that purpose in the manner hereinafter
described. Such permit shall be granted by the Township Secretary
of said Township when the person, firm or corporation applying for
such permit files an application with the said Secretary in compliance
with the provisions of this article and pays the moneys 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 Township.
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 One Call) before beginning any excavation.
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. 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 Township
Secretary a request for an extension of time, setting forth therein
the reasons for the requested extension. If the Township of Stowe
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 Township shall be made and restored under the direction and
supervision of the Township of Stowe. The permit, fee, deposit, insurance
and bond requirements of this article shall not be applicable to any
openings made by Township-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 Township Secretary
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 Township during
the continuation of said work.
Every permit shall be granted, subject to the right of the Township,
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.
It shall be the duty and responsibility of the applicant to:
A. Submit written applications for the opening of any street or right-of-way
with the Township of Stowe on such form as he or she shall prescribe.
No work shall commence until the Township Secretary 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 Township, 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 Township
Commissioners.
B. Make a deposit to cover any additional costs borne by the Township, specifically inspection related to the work authorized by the permit. The amount of such deposit shall be computed by the Township Secretary as provided in §
592-31 of this article. In the case of public utility companies, the Township may waive the requirement of a deposit if said utility companies file with the Township their corporate bond in a form satisfactory to the Township Solicitor, conditioned upon the payment to the Township 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 Township shall bill such utility companies monthly for such costs as they accrue.
C. Pay a restoration guarantee fee equivalent to the schedule as stated
in any fee calculation determined by the Commissioners of the Township
of Stowe. Pavement replacement shall be calculated as surface area,
curb to curb and 25 feet from each end of the utility opening multiplied
by a cost set forth on the application. Said cost as established by
the Township Board of Commissioners by resolution for future milling
and resurfacing by the Township.
The contractor or person doing the work of opening or excavating
as aforesaid shall, at all times, maintain in his possession and shall
exhibit to any official of said Township upon demand the merit to
do the said work, which permit only shall be evidence of authority
for doing the same.
All work done under the authority of any permit shall be supervised
and inspected by the Township Ordinance Officer and/or the Township
Engineer. Such supervision and inspection shall be done at the sole
expense of the applicant. The Township Ordinance Officer and/or the
Township Engineer 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. The Township Ordinance
Officer and/or the Township Solicitor shall have the proper to prosecute
every person, firm, or corporation violating any of the provisions
contained herein.
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 Township Secretary 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 Township Solicitor, shall be filed with the Township
Secretary prior to commencement of work under the permit. This certificate
of insurance shall also state that the Township shall be given written
notice at least 60 days prior to cancellation of such insurance. The
Township 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 Township 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.
The Township Secretary shall notify, in writing, Township 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.