A.
Applications for a road opening permit shall comply with the following:
(1)
Applications shall be signed by the applicant and submitted in person
or by mail on a form provided by the Borough;
(2)
Applications shall include plans detailing the location and pertinent
dimensions of the opening, the proposed installation and related highway
features; and
(3)
Applications shall be submitted to the Borough at least 30 days prior
to the anticipated start of the work; provided, nevertheless, that
in cases of emergency, such application shall be submitted as soon
as shall be practicable, but in no event later than five days from
the occurrence of the emergency.
B.
A Borough official shall examine and determine the completeness of
each application and may reject any application if the official is
not satisfied with the information provided.
The applicant shall be required to execute and deliver unto
the Borough an agreement, or its bond with approved surety, or both,
as a prerequisite to the issuance of any such permit, in an amount
to be determined by the appropriate issuing Borough official, the
amount of which shall equal the estimated cost of the work, for the
purpose of indemnifying the Borough for any costs, damages or expenses
incurred or estimated as the result of the restoration of such Borough
street and right-of-way, which is the subject of said application.
Any applicant or permittee shall be required to restore a Borough
road to the same condition as it was prior to entry thereon by the
permittee in accordance with standards set forth by the Borough. The
estimate of such restoration shall be set forth in detail on the permit
issued by the Borough of Millvale.
A.
Utility facilities shall be placed outside the pavement and shoulder
unless there is no feasible space outside the pavement and shoulder
for placing the facility, in which case, occupancy within the pavement
or shoulder may be authorized by the permit.
B.
The tops of a utility facilities shall be installed at least three
feet beneath the surface.
C.
If the road or right of way is unpaved, the near edge of the opening
shall be at least 12 feet from the general center line of the road
or right of way, or as authorized by the permit.
D.
No opening may be made for more than 200 linear feet at one time,
unless authorized by the permit.
E.
The permittee shall protect its opening to provide for the safety
of the traveling public, including motorists, bicyclists and pedestrians.
F.
Except for emergency repairs of utility facilities, work within the
pavement or shoulder shall be stopped prior to peak traffic hours
that may exist on a particular roadway on a particular day and as
specified in the permit.
G.
At the end of each workday, openings shall be either:
(1)
Covered with steel plates or bridging over openings which are less
than six feet in length or width. The plates or bridging shall be
extended a minimum of 18 inches from each edge of the opening and
shall be secured in a safe manner; or
(2)
Backfilled to the bottom elevation of the pavement or base course,
or to the original surface elevation if outside the pavement and shoulder
and protected under an approved traffic control plan until the surface
is restored to its former condition.
A.
Any person who violates or permits a violation of this article shall,
upon conviction in a summary proceeding brought before a Magisterial
District Judge 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. Each day or
portion thereof that such violation continues or is permitted to continue
shall constitute a separate offense, and each section of this article
that is violated shall also constitute a separate offense.
B.
The Borough may institute any appropriate action or proceeding to
prevent violations of the provisions of this article, or of any permit
issued by the Borough. Upon receipt of oral or written notice of any
violations from a Borough official, the permittee shall cease to perform
any further work in the permitted area, except to restore the area
to a safe condition. No further work shall commence in the permitted
area until the violations have been remedied. Where the permittee
has received oral notice of the violation, written notice shall be
sent to the permittee within 10 days of receipt of the oral notice.
C.
In addition, the proper official of the Borough may revoke the applicant's
permit; provided, nevertheless, that the applicant shall have the
right to appeal such revocation within five days of receipt of notice
of such revocation to Borough Council.
