[Adopted 3-8-1960 by Ord. No. 248]
A. 
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:
APPLICANT
Any person who makes application for a permit.
BOROUGH
The Borough of Churchill, County of Allegheny, Commonwealth of Pennsylvania.
BOROUGH MANAGER
The person in charge of the department of highways or the highway operations in the borough, or his authorized deputy, representative or inspector.
EMERGENCY
Any unforeseen circumstance or occurrence, the existence of which constitutes a clear and immediate danger to persons or properties.
PERMITTEE
Any person who has been issued a permit and has agreed to fulfill all the terms of this article.
PERSON
Any natural person, partnership, firm, association, utility, corporation or authority created pursuant to an act of the General Assembly. Whenever used in any section prescribing and imposing a penalty the term "person," as applied to associations, shall mean the partners or members thereof and, as applied to corporations, the officers thereof.
PUBLIC UTILITY COMPANY
Allegheny County Sanitary Authority (ALCOSAN), any cable television company, fiber optic company, utility company such as water, gas, electric or the like, or any company subject to the jurisdiction of any control by the Pennsylvania Public Utility Commission.
[Added 6-12-2017 by Ord. No. 737]
STREET
A public street, public easement, public right-of-way, public highway, public alley, public way or public road accepted or maintained by the borough.
B. 
In this article the singular shall include the plural and the masculine shall include the feminine and the neuter.
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 borough 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. The person shall thereafter apply for a permit on the first regular business day on which the office of the Borough Manager is open for business, and said permit shall be retroactive to the date when the work was begun.
B. 
No person to whom a permit has been granted shall perform any of the work authorized by such permit in any amount or quantity greater than that specified in the permit, except that upon the approval by the Borough Manager additional work may be done under the provisions of the permit in any amount not greater than 10% of the amount specified in the permit. Any deposit and bond posted in connection with the original permit shall be deemed to cover any such additional work as may be approved pursuant to this section within the limit mentioned herein.
C. 
Work for which a permit has been issued shall commence within 10 days after the issuance of the permit therefor. If not so commenced, the permit shall be automatically terminated. Permits thus terminated may be renewed upon the payment of an additional permit fee as originally required.
D. 
Permits are not transferable from one person to another and the work shall not be made in any place other than the location specifically designated in the permit.
E. 
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 shall, prior to expiration of the permit, present, in writing, to the Borough Manager a request for an extension of time, setting forth therein the reasons for the requested extension. If in the opinion of the Borough Manager such an extension is necessary and not contrary to the public interest, the permittee may be granted additional time for the completion of the work.
F. 
All street openings required by utilities owned and/or operated by the borough shall be made and restored under the direction and supervision of the Borough Manager. The permit, fee, deposit, insurance and bond requirements of this article shall not be applicable to any openings made by such municipally owned and/or operated utilities.
G. 
The provisions of this article shall not be applicable in those instances where the highway is maintained by the Commonwealth of Pennsylvania or by the County of Allegheny.
H. 
Every permit shall be granted subject to the right of the Borough 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.
I. 
Notice.
(1) 
Any permit may be revoked by the Borough Manager, after notice to the permittee, for:
(a) 
Violation of any condition of the permit or of any provision of this article.
(b) 
Violation of any provision of any other applicable ordinance or law relating to the work.
(c) 
Existence of any condition or the doing of any act constituting or creating a nuisance or endangering the lives or properties of others. A permittee may 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.
(2) 
Written notice of any such violation or condition shall be served upon the permittee or his agent engaged in the work. The notice shall contain a brief statement of the grounds relied upon 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.
(3) 
When any permit has been revoked and the work authorized by the permit has not been completed, the Borough Manager shall do 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 borough shall be recovered from the deposit or bond the permittee has made or filed with the borough.
A. 
It shall be the duty and responsibility of any applicant to:
(1) 
Make a written application for such permit with the Borough Manager on such form as he shall prescribe. No work shall commence until the Borough Manager has approved the application and plan and issued a permit and until the permittee has paid and provided all fees, deposits, certificates and bonds required by this article.
(2) 
Furnish in duplicate a plan showing the work to be performed under said permit. If approved by the Borough Manager, one copy of such plan shall be returned to the applicant at the time the permit is granted.
(3) 
Agree to save the borough, 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 any permit under this article shall constitute such an agreement by the applicant whether the same is expressed or not.
B. 
It shall be the duty and responsibility of any person receiving a permit to:
(1) 
Pay a permit fee as set forth in Chapter A315, Fee Schedule; provided, however, that public utilities or authorities may elect to be billed monthly for such fees as they accrue.
[Amended 3-10-1998 by Ord. No. 667]
(2) 
Make a deposit to cover the cost of inspecting the work authorized by the permit. The amount of deposit shall be computed by the Borough Manager as provided by § 264-5 et seq. of this article.
(3) 
Furnish a performance bond as required by § 264-6 et seq. of this article.
(4) 
Furnish a certificate of insurance as required by § 264-7 et seq. of this article.
(5) 
Submit, when required by the Borough Manager, a list of owners and tenants of all properties abutting the area where the work authorized by the permit is to be performed.
(6) 
Present evidence that all materials, labor and equipment which are needed to complete such work as authorized by the permit are available.
(7) 
Keep the original copy of the permit and an approved copy of the plan at all times while such work is in progress at the location for which said permit was granted and show such permit and/or plan upon demand by the borough highway or police authorities.
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.
C. 
All utility facilities shall be exposed sufficiently 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 by the permittee may make the necessary repairs and file a claim against the permittee with the borough for the cost of such repairs. This amount may be held by the Borough 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 borough 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 Borough Manager. Permission shall be granted only upon 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 to the satisfaction of the Borough Manager.
H. 
When any earth, gravel or other excavated material is caused to roll, flow or wash upon any street, the permittee shall cause the same to be removed from the street within eight hours after deposit. In the event that the earth, gravel or other excavated material so deposited is not removed, the Borough Manager shall cause such removal and the cost incurred shall be paid by the permittee or deducted from his deposit.
I. 
Safety measures. Every permittee shall place around the specific project such barriers, barricades, lights, warning flags and danger signs as shall be determined by the Borough Manager or the Borough Engineer or their designees for the protection of the general public. Additional safety requirements may be prescribed by the Borough Manager and, where applicable, shall be in conformance with the requirements set forth in 67 Pa. Code §§ 212.1 et seq., dealing with work zone traffic control. When any person or entity fails to provide or maintain the required safety devices, such devices shall be installed and maintained by the Borough of Churchill. The amount of the cost incurred shall be paid by the permittee or deducted from his/her deposit. No person or entity 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 article.
[Amended 6-12-2017 by Ord. No. 737]
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 a dirt or dust nuisance the Borough 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 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 Borough 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 Borough Manager to do the work at an earlier or later hour. Such permission shall be granted only in case of an emergency.
M. 
In granting any permit, the Borough 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 and type of equipment.
(3) 
Designation of routes upon which materials may be transported.
(4) 
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. 
Backfilling and restoring opening.
[Amended 6-12-2017 by Ord. No. 737]
(1) 
All pavement cuts, openings and excavations shall be made properly and backfilled properly by the permittee according to Borough of Churchill specifications. The permittee also shall place a temporary surface on the pavement cut, opening or excavation in accordance with Borough specifications. If the permittee has been granted permission to restore the street surface but inclement 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 Borough specifications until such time as weather conditions will permit permanent restoration of the street surface.
(2) 
The Borough Manager shall be notified by the permittee during the forty-eight-hour period preceding the beginning of backfilling, and/or restoration, and/or excavation, and the approximate time each will begin.
(3) 
The permittee shall be required to pave/restore/overlay a minimum twelve-foot width (or the entire cartway width, if deemed appropriate by the Borough Engineer in the Engineer's sole discretion), which width shall run the entire length of the opening, plus 30 feet on each of the two sides of the opening, and shall be accomplished in accordance with Borough specifications and shall be subject to the Borough Engineer's approval. The bond requirements set forth in § 264-6 of this article shall reflect the increased dimensions of this section.
O. 
(Reserved)[1]
[1]
Editor's Note: Former Subsection O, regarding notification to the Borough Manager of date and time of backfilling, was repealed 6-12-2017 by Ord. No. 737. See now Subsection N.
P. 
No backfilling shall be accomplished unless or until the Borough Manager or a designated borough inspector is present.
Q. 
(Reserved)[2]
[2]
Editor’s Note: Former Subsection Q, which provided that the work of the restoration would be performed by the permittee according to Borough specifications, was repealed 6-12-2017 by Ord. No. 737.
R. 
If the Borough Manager finds that paving surfaces adjacent to the street opening may be damaged where trenches are made parallel to the street or where a number of cross trenches are laid in close proximity to one another, or where the equipment used may cause such damage, he may require a 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 15% of the total pavement surfacing between curb faces or between concrete gutter edges in any block. Such negotiations shall be carried on and contributions agreed upon prior to issuance of a permit.
S. 
After excavation is commenced, the work of making and backfilling the same shall be prosecuted with due diligence.
T. 
The Borough Manager shall make daily inspections of all work authorized by a permit. The Borough Manager is empowered to provide a full-time inspector if the work to be performed is of a nature that a full-time inspector is necessary to ensure compliance with the provisions of this article.
U. 
All inspection costs shall be borne by the permittee. Such costs shall be based on a schedule of charges on file in the office of the Borough Manager.
V. 
Upon completion of all work accomplished under the provisions of the permit, the permittee shall notify the Borough Manager, in writing. A certificate of final inspection shall be issued by the Borough Manager to each permittee no sooner than one year after the permanent restoration of the excavation has been made, provided that the work authorized by the permit has been performed according to borough specifications. Prior to the issuance of a certificate, the Borough Manager shall make a final inspection of the restoration to determine whether borough specifications have been adhered to.
W. 
If any settlement in a restored area occurs within a period of one year from date of completion of the permanent restoration, any expense incurred by the borough in correcting such settlement shall be paid by the permittee or recovered from his bond, unless the permittee submits proof satisfactory to the Borough Manager that the settlement was not due to defective backfilling.
X. 
In no case shall any opening made by a permittee be considered in charge or care of the borough, or any of its officers or employees, and no officer or employee 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.
Y. 
Emergency excavations and openings by a public utility company.
[Amended 6-12-2017 by Ord. No. 737]
(1) 
Should a permit be issued for such a street opening, excavation or tunneling by the Borough Manager to a public utility company based upon the public health or safety or due to an emergency condition or other valid public purpose, the public utility company shall be required to pave/restore/overlay a minimum twelve-foot width (or the entire cartway width, if deemed appropriate by the Borough Engineer in the Engineer's sole discretion), which width shall run the entire length of the opening, plus 30 feet on each of the two sides of the opening, and shall be accomplished in accordance with Borough specifications and shall be subject to the Borough Engineer's approval.
(2) 
The bond requirements set forth in § 264-6 of this article shall reflect the increased dimensions of this section.
(3) 
Upon completion of the paving/restoration/overlay as set forth in this subsection, the public utility company shall notify the Borough Engineer who shall undertake an inspection and report to the Borough Manager as soon as possible.
A. 
The Borough Manager, upon receipt of a properly completed application, shall determine the amount of the deposit to be made by the permittee; provided, however, that the deposit shall not be less than the amount set forth in Chapter A315, Fee Schedule. The deposit shall be paid at the time the permit is received, and the deposit shall be used to reimburse the Borough for the cost of any work and materials furnished by it in connection with the work authorized by the permit, to cover all necessary inspections of said work and for any other purpose set forth in this article.
[Amended 3-10-1998 by Ord. No. 667]
B. 
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. 
If any deposit is less than sufficient to pay all costs, the permittee shall, upon demand, pay to the borough an amount equal to the deficiency. If the permittee fails or refuses to pay such deficiency, the borough 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. 
Whenever any public utility or authority shall anticipate more than one street opening or excavation per calendar year, such utility or authority may post one deposit in an amount and form as provided above for the calendar year or part thereof to cover the cost of any and all work.
E. 
The Borough Manager is authorized to establish a schedule of charges for inspections, labor, materials and such other expenses as may be incurred by the borough in meeting the requirements of this article. The schedule shall be open to public inspection in the office of the Borough Manager upon demand.
F. 
The decision of the Borough Manager as to the cost of any work done or repairs made by him or under his direction, pursuant to the provisions of this article, shall be final and conclusive as to such cost.
G. 
Upon notification by the permittee that all work authorized by the permit has been completed and after restoration of the opening, the Borough Manager shall refund to the permittee his deposit less all costs incurred by the borough in connection with said permit. In no event shall the permit fee be refunded.
A. 
Each applicant upon the receipt of a permit shall provide the borough 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 Borough Manager. If the permittee anticipates requesting more than one permit per year as required by this article he may furnish one continuing corporate surety bond to guarantee faithful performance in such amount as the Borough 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.
B. 
Whenever the Borough 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 Borough Manager to be reasonably necessary for the completion of such work.
C. 
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 borough for the cost of doing the work as set forth in the notice.
[Amended 3-10-1998 by Ord. No. 667]
Each applicant, upon the receipt of a permit, shall provide the borough with an acceptable certificate of insurance indicating that he 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 be by himself, his subcontractor, or anyone directly or indirectly employed by him. 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 Borough Manager in accordance with the nature of the risk involved; provided, however, that the liability insurance for bodily injury in effect shall not be in an amount less than that set forth in Chapter A315, Fee Schedule, for each person and for each accident and for property damages, with an aggregate for all accidents. The borough shall be named as an additional insured. Public utilities and authorities may be relieved of the obligation of submitting such a certificate if they are insured in accordance with the requirements of this article.
A. 
When the borough shall improve or pave any street, the Secretary shall first give notice to all persons owning property abutting on the street about to be paved or improved and to all public utilities and authorities operating in the borough, and all such persons, utilities 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 Borough Manager after consultation with the Borough Engineer.
B. 
No permit shall be issued by the Borough Manager which would allow an excavation or opening in a paved and improved street surface fewer than five years old, unless the applicant can clearly demonstrate that public health or safety require that the proposed work be permitted or unless an emergency condition exists.
C. 
If by special action of the Borough Manager, a permit is issued to open any paved and improved street surface fewer 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.
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 borough or to or from its inhabitants or for any other purposes shall file with the Borough Manager, within 120 days after the adoption of this article, a map or set of maps, each drawn to a scale of not less than one inch to 200 feet, showing the location, size and description of all such installations.
B. 
Within 30 days after the first day of January of each and every year, such person shall file with the Borough Manager a corrected map or set of maps, each drawn to scale as above, showing such installations, including all those made during the previous year; provided, however, that if no additions have been made to its installation during the previous year, a utility or authority may file with the Borough Manager a written statement to that effect, within the period of time specified above. A utility or authority may at its own option elect to provide corrected atlas sheets throughout the year as they are available rather than proceed as above noted.
C. 
Each map herein required shall be accompanied by an affidavit, endorsed thereon, to the effect that the same correctly exhibits the details required to be shown by this section.
D. 
Whenever any pipe, conduit, duct, tunnel or other structure located under the surface of any street, 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 Borough Manager a statement, in writing, giving in detail the location of the structure so abandoned.
E. 
Each map, or set of maps, filed pursuant to the provisions of this article, shall show in detail the location of all such structures abandoned subsequent to the filing of the last preceding map or set of maps.
F. 
When the borough 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 Council their removal is in the best interest of the borough. If the owner shall refuse to remove such facilities, the borough shall remove the abandoned facilities and the owner shall reimburse the borough for such removal.
G. 
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 Borough Manager shall require the permittee to submit a list of the names and addresses of the owners and/or tenants of such properties. Upon receipt of such list, the Borough Manager shall notify the affected property owners and/or tenants of the proposed work to be done. If the work to be undertaken by a permittee shall affect other subsurface installations in the vicinity of the proposed opening, the Borough Manager shall notify the owners of such facilities of the proposed work.
H. 
The Borough Manager shall notify, in writing, the borough police and fire authorities of all street opening permits he grants. Such notification shall state the nature of the work to be done, proposed beginning and completion dates and the location of such project.
[Amended 3-10-1998 by Ord. No. 667]
Any person violating any of the provisions of this article or any regulations and specifications adopted thereunder shall, upon conviction thereof before a District Justice, be sentenced to pay a fine of not than $600 for each offense and costs of prosecution and, in default of payment of said fine and costs, to be imprisoned in the Allegheny County jail for a period not exceeding 30 days. Each day that a violation of this article is permitted to exist, after the owner of the premises has received notification, in writing, by certified mail from the Borough Manager, shall constitute a separate and distinct violation of this article.
[Added 10-25-1969 by Res. No. 1924; amended 6-12-2017 by Ord. No. 737]
The standards and specifications for said pavement cuts, openings and excavations shall be made according to standards and specifications established by the Borough Engineer, as they may be amended from time to time.