[Adopted 5-18-1992 by Ord. No. 693]
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 person who makes application for a permit.
Any unforeseen circumstances or occurrence, the existence
of which constitutes a clear and immediate danger to persons or properties.
The Borough Engineer for all matters related to the administration
of this article.
[Amended 2-16-2009 by Ord. No. 901]
The Borough of Pleasant Hills.
Newly constructed cartways including base and surfacing of
either concrete or asphalt and reconstructed cartways surfaced with
at least 1 1/4 inch top of asphalt. It shall be the prerogative
of the Director of Public Works to define the category of "newly improved
street" and advise the proper utility companies of this designation.
Any person who has been issued a permit and has agreed to
fulfill all the terms of this article.
Allegheny County Sanitary Authority (ALCOSAN), any cable
television company, or any company subject to the jurisdiction of
and control by the Pennsylvania Public Utility Commission.
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.
A.
Permit required.
[Amended 2-16-2009 by Ord. No. 901]
(1)
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 Engineer for
each separate undertaking; provided, however, 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 the
permit could not reasonably and practically have been obtained beforehand.
In such cases where emergency openings are necessary, however, the
municipality shall be notified prior to such openings in one of the
following manners:
(2)
The person shall thereafter apply for a permit on
the first regular business day on which the office of the Borough
Engineer is open for business and said permit shall be retroactive
to the date when the work was begun.
B.
Street openings limited. No person to whom a permit
has been granted shall perform any of the work authorized by such
permit in any amount greater than that specified in the permit, except
that where the permittee desires to perform additional work not in
excess of an amount greater than 10% of the amount specified in the
original permit, an application for a new permit shall be made. Any
deposit or bond posted in connection with the original 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.
C.
Commencement of work. Work for which a permit has
been issued shall commence within 30 days after the 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 or within any extension
of time granted hereunder may be renewed only upon the payment of
an additional permit fee as originally required.
D.
Permits nontransferable. 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.
E.
Expiration of permits. 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 Engineer a request for an extension of time, setting
forth therein the reasons for the requested extension. If the Borough
Engineer 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.
[Amended 2-16-2009 by Ord. No. 901]
F.
Municipal utility cuts. All street openings required
by utilities owned and/or operated by the municipality shall be made
and restored under the direction and supervision of the Borough Engineer.
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 utilities.
[Amended 2-16-2009 by Ord. No. 901]
G.
State and county highways. The provisions of this
article shall not be applicable in those instances where the street
or highway is maintained by the commonwealth 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
Borough Engineer 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 municipality
during the continuation of said work.
[Amended 2-16-2009 by Ord. No. 901]
H.
Rights of municipality. Every permit shall be granted
subject to the right of the municipality 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.
Revocation of permits.
(1)
Any permit may be revoked by the Borough Engineer,
after notice to the permittee, for:
[Amended 2-16-2009 by Ord. No. 901]
(a)
Violation of any condition of the permit or
of any provision of this article;
(b)
Violation of any other applicable provision
of the Municipal Code, or any law relating to the work;
(c)
Existence of any condition or the doing of any
act constituting or creating a nuisance or endangering the life or
property of others.
(2)
A permittee shall be granted a period 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.
(3)
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 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.
(4)
When any permit has been revoked and the work authorized
by the permit has not been completed, the Borough Engineer 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 thereby incurred by the municipality shall be recovered
from the deposit or bond the permittee has made or filed with the
municipality.
[Amended 2-16-2009 by Ord. No. 901]
A.
Duties and responsibilities of applicants. It shall
be the duty and responsibility of any applicant to:
(1)
Make written application for such permit with the
Borough Engineer on such form as he shall prescribe. No work shall
commence until the Borough Engineer 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.
[Amended 2-16-2009 by Ord. No. 901]
(2)
Furnish in triplicate a plan showing the work to be
performed under said permit. Two copies of such plan shall be returned
to the applicant at the time the permit is granted.
(3)
Agree to save the municipality, 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.
B.
Duties and responsibilities of permittees. It shall
be the duty and responsibility of any person receiving a permit to:
(1)
Pay a minimum permit fee as set forth in the current
Fees Resolution of the Borough of Pleasant Hills, on file in the office
of the Borough Secretary; provided, however, that public utility companies
may elect to be billed monthly for such fees as they accrue, upon
written notice to the Borough Engineer.
[Amended 4-16-2001 by Ord. No. 792; 2-16-2009 by Ord. No. 901]
(2)
Make a deposit to cover any additional costs borne by the municipality specifically related to the work authorized by the permit and, unless the permittee is granted permission to restore the street surface as provided in § 316-26B(4) of this article; and 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 Borough Engineer as provided in § 316-27 of this article. In the case of public utility companies, the municipality may waive this requirement of a deposit if said utility companies file with the municipality their corporate bond in a form satisfactory to the Municipal Solicitor, conditioned upon the payment to the municipality of all costs which would otherwise be covered by and paid out of such a deposit. In the event such utility companies elect to file such a bond, the municipality shall bill such utility companies monthly for such costs as they accrue.
[Amended 2-16-2009 by Ord. No. 901]
(3)
Furnish a maintenance bond as required in § 316-28 of this article, and, when the permittee is granted permission to restore the street surface as provided in § 316-26B(4) of this article, a performance bond as required in § 316-28 of this article.
(5)
Submit, when required by the Borough Engineer, 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.
[Amended 2-16-2009 by Ord. No. 901]
(6)
Present evidence, when required, 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 [see § 316-25A(2)] at all times while such work is in progress at the location for which such permit was granted and show such permit and/or plan upon demand by a municipal official.
(8)
Provide advance notification to operators of underground
facilities about excavation, augering, blasting or other activities
which may endanger underground facilities, using a one call system
if one is in operation.
A.
Opening and excavation restrictions.
(1)
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.
(2)
No more than 250 feet measured longitudinally shall
be opened in any street at any one time, except by special permission
of the Borough Engineer.
[Amended 2-16-2009 by Ord. No. 901]
(3)
All utility facilities shall be exposed sufficiently
or definite location be determined ahead of trench excavation work
to avoid damage to those facilities and to permit their relocation,
if necessary.
(4)
Pipe drains, pipe culverts, or other facilities encountered
shall be protected by the permittee.
(5)
Any person whose facilities are damaged, or caused
to be relocated by the permittee shall notify the permittee and the
municipality of such damage and thereafter may make the necessary
repairs or relocation and (in conjunction with notifying the municipality
of such) may file a claim against the permittee for the cost of such
repairs or relocation. Public utility companies concerned shall be
notified by the municipality 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 Borough Engineer from the deposit
pending determination of liability for the damage.
[Amended 2-16-2009 by Ord. No. 901]
(6)
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 bench mark within the municipality 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 Engineer. Permission
shall be granted only upon condition that the permittee shall pay
all expenses incident to the proper replacement of the monument.
[Amended 2-16-2009 by Ord. No. 901]
(7)
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.
(8)
When any earth, gravel, or other excavated material
is caused to flow, roll or wash upon any street, the permittee shall
cause removal of same from the street within eight hours after deposit
to permit safe flow of traffic. In the event the earth, gravel, or
other excavated material so deposited is not removed as specified,
the Borough Engineer shall cause such removal and the cost incurred
shall be paid by the permittee or deducted from his deposit.
[Amended 2-16-2009 by Ord. No. 901]
(9)
Every permittee shall place around the project such
barriers, barricades, lights, warning flags and danger signs as shall
be determined by the Borough Engineer to be necessary for the protection
of the public. Additional safety requirements may be prescribed by
the Borough Engineer, and where applicable, shall be in conformance
with the requirements set forth in 67 Pa. Code 203.1 et seq. dealing
with work zone traffic control. Copies of the publication shall be
made available in the office of the Borough Engineer for inspection
by the public.
[Amended 2-16-2009 by Ord. No. 901]
(a)
Whenever any person fails to provide or maintain
the required safety devices, such devices shall be required safety
devices, such devices shall be installed and maintained by the municipality.
The amount of the cost incurred shall be paid by the permittee or
deducted from his deposit.
(b)
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.
(10)
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.
(11)
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 Borough
Engineer 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 Engineer. 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.
[Amended 2-16-2009 by Ord. No. 901]
(12)
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 Engineer
to do the work at an earlier or later hour. Such permission shall
be granted only in the case of an emergency or in the event the work
authorized by the permit is to be performed in traffic-congested areas.
[Amended 2-16-2009 by Ord. No. 901]
(13)
In granting any permit, the Borough Engineer
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:
[Amended 2-16-2009 by Ord. No. 901]
(a)
The limitations on the period of the year in
which the work may be performed;
(b)
Restrictions as to the size, weight and type
of equipment;
(c)
Designation of routes upon which materials may
be transported;
(d)
Designation of the place and manner of disposal
of excavated materials;
(e)
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; and
(f)
Regulations as to the use of streets in the
course of the work.
(14)
Hydra-hammer, headache ball. The use of a mechanical
device for the braking of pavement, such as a hydra-hammer, headache
ball, etc., will be permitted only under special written permission
of the Borough Engineer.
[Amended 2-16-2009 by Ord. No. 901]
B.
Backfilling and restoring opening.
(1)
All pavement cuts, openings and excavations shall be made properly and backfilled properly by the permittee according to municipal specifications. Unless permittee has been granted permission to restore the street surface as provided in Subsection B(4), permittee also shall place a temporary surface on the pavement cut, opening or excavation in accordance with municipal specification. 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, 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.
(2)
The Borough Engineer shall be notified by the permittee
during the forty-eight-hour periods preceding the beginnings of backfilling
and restoration and the approximate time each will be begun.
[Amended 2-16-2009 by Ord. No. 901]
(3)
No backfilling or restoration shall be accomplished
unless or until the Borough Engineer is present or permission has
been granted for backfilling or restoration after inspection by the
Borough Engineer.
[Amended 2-16-2009 by Ord. No. 901]
(4)
The work of final restoration, including both paving
surface and paving base, shall be performed by the permittee according
to Borough specifications and shall be subject to Borough approval
and the inspection of the Borough Engineer.
[Amended 2-16-2009 by Ord. No. 901]
(5)
If the Borough Engineer 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, he may require 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
25% of the total pavement surfacing between curb faces or between
concrete gutter edges. Such negotiations shall be carried on and contributions
agreed upon prior to issuance of a permit.
[Amended 2-16-2009 by Ord. No. 901]
(6)
After excavation is commenced, the work of making and backfilling the same shall be prosecuted with due diligence. Unless the provisions of Subsection B(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:
(7)
Inspections of all work authorized by a permit shall
be made by the Borough 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 Borough Engineer
shall provide for services of such an inspector.
[Amended 2-16-2009 by Ord. No. 901]
(8)
All inspection costs shall be borne by the permittee.
Such costs shall be based upon a schedule of charges on file in the
office of the Borough Engineer.
[Amended 2-16-2009 by Ord. No. 901]
(9)
Upon completion of all work accomplished under the
provisions of a permit, the permittee shall notify the Borough Engineer
in writing. A certificate of final inspection shall be issued by the
Borough Engineer to each permittee no sooner than one year and not
later than 18 months after the permanent restoration of the excavation
has been made, providing the work authorized by the permit has been
performed according to municipal specifications. Prior to the issuance
of a certificate, the Borough Engineer shall make a final inspection
of the restoration to determine whether municipal specification have
been adhered to.
[Amended 2-16-2009 by Ord. No. 901]
(10)
If any settlement in a restored area occurs
within a period of two years from date of completion of the permanent
restoration, and permittee fails to make such correction after notification,
any expense incurred by the municipality in correcting such settlement
shall be paid by the permittee or recovered from his bond, unless
the permittee submits proof satisfactory to the Borough Engineer that
the settlement was not due to defective backfilling.
[Amended 2-16-2009 by Ord. No. 901]
(11)
In no case shall any opening made by a permittee be considered in the charge or care of the municipality, or any of its officers or employees, and no officer or employee of the municipality 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 municipality assumes charge when making final surface restoration, unless permittee has been granted permission to perform the work of restoration of the street surface as provided in Subsection B(4).
A.
Computation of deposit. The Borough Engineer, 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 $50. The deposit shall be used to reimburse the municipality 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 municipality 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 municipality its corporate bond as provided in § 316-25B(2) of this article.
[Amended 2-16-2009 by Ord. No. 901]
B.
Form of deposit. 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.
Insufficient deposit. If any deposit is less than
sufficient to pay all costs, the permittee shall, upon demand, pay
to the municipality an amount equal to the deficient. If the permittee
fails or refuses to pay such deficiency, the municipality may institute
an action to recover the same in any court or 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 the
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. The Borough Engineer shall
establish a schedule of charges for inspections, labor, materials,
and other such expenses as may be incurred by the municipality in
carrying out the provisions of this article. This schedule shall be
established by the Borough Engineer in accordance with the reasonably
anticipated costs to be incurred by the municipality in 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 municipality.
The Borough Engineer 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 Borough Engineer upon request.
[Amended 2-16-2009 by Ord. No. 901]
F.
Decision on costs. The decision of the Borough Engineer
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.
[Amended 2-16-2009 by Ord. No. 901]
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 Borough Engineer shall refund to the
permittee his deposit less all costs incurred by the municipality
in connection with said permit. In no event shall the permit fee be
refunded.
[Amended 2-16-2009 by Ord. No. 901]
A.
Performance bond where municipality 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 municipality 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 pending.
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 Engineer. 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 Engineer 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.
[Amended 2-16-2009 by Ord. No. 901]
B.
Maintenance bond. Each applicant, upon the receipt
of a permit, shall provide the Municipality with an acceptable corporate
surety bond conditioned for compliance with the street opening specifications
of the municipality and the provisions of this article. The Borough
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, the minimum amount of the bond shall
not be less than $2,000. The term of each such bond shall begin from
the completion date of the permanent restoration of the opening by
the municipality and shall terminate upon the receipt by the permittee
of a certificate of final inspection from the Borough Engineer. If
the permittee anticipates requesting more than one permit a year,
he may file a continuing corporate surety bond conditioned for compliance
with the specifications of the municipality and the provisions of
this article in such amount as the Borough Engineer deems necessary.
The amount of such bond shall be in relation to the cost of restoring
pavement cuts to be made by the permittee through 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.
[Amended 2-16-2009 by Ord. No. 901]
C.
Default in performance. Whenever the Borough Engineer
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 Engineer to be reasonably necessary
for the completion of such work.
[Amended 2-16-2009 by Ord. No. 901]
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 municipality
for the cost of doing the work as set forth in the notice.
[Amended 2-16-2009 by Ord. No. 901]
Each applicant, upon the receipt of a permit,
shall provide the municipality 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 Engineer
in accordance with the nature of the risk involved; provided, however,
it shall provide for a minimum of comprehensive bodily injury liability
insurance including coverage on a personal injury basis and comprehensive
property damage liability insurance not less than $2,000,000 combined
single limit. Public utility companies and authorities may be relieved
of the obligation of submitting such a certificate if they submit
satisfactory evidence 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.
[Amended 2-16-2009 by Ord. No. 901]
A.
Notice of proposed improvement. When the municipality
shall improve or pave any street, the Borough Engineer first shall
give notice to all persons owning property abutting on the street
about to be paved or improved, and to all public utility companies
and authorities operating in the municipality and all such persons,
public utility companies 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 Engineer after consultation with the Municipal Engineer.
B.
Restrictions upon opening newly improved street. No
permit shall be issued by the Borough Engineer which would allow an
excavation or opening in a paved and improved street surface less
than five years old unless the applicant can demonstrate clearly that
public health or safety require that the proposed work be permitted
or unless an emergency condition exists.
C.
Penalty for opening newly improved street. If, by
special action of the Borough Engineer, a permit is issued to open
any paved and improved street surface less five years old, a penalty
charge shall be made for the opening, except that the penalty shall
be waived in the event 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 unrelapsed month or fraction
thereof of the five year restricted period. Said penalty may be waived
by action of the municipal governing body.
[Amended 2-16-2009 by Ord. No. 901]
A.
Street list of underground utility installations.
(1)
Every person owning, using, controlling, or having
an interest in pips, 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 municipality or to or from premises of its inhabitants, or for
any other purposes, shall file with the Borough Engineer, within 120
days after the adoption of this article, a written statement containing
the names of the municipality's streets wherein the aforementioned
facilities owned by such person are located.
B.
Abandoned facilities.
(1)
Whenever any pipe, conduit, duct, tunnel, or other
structure located under the surface of any street is abandoned, or
the use thereof abandoned, the person owning, using, controlling,
or having an interest therein shall, within 30 days after such abandonment,
file with the Borough Engineer 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 Borough Engineer notified thereof in writing.
(2)
When the municipality 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 Commission,
their removal is in the best interest of the municipality. If the
owner shall refuse to remove such abandoned facilities and the owner
shall reimburse the municipality for such removal.
C.
Notice to property owners and tenants abutting project.
(1)
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 Engineer 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 Borough Engineer shall notify
the affected property owners and/or tenants of the proposed work to
be done.
(2)
If the work to be undertaken by a permittee will affect
other subsurface installation(s) in the vicinity of the proposed opening,
the Borough Engineer shall notify the owner(s) of such facilities
of the proposed work.
D.
Notice to police and fire authorities. The Borough
Engineer shall notify in writing municipal police and fire authorities
of all street opening permits he grants of a nature that would require
a street being closed. Such notification shall state the nature of
the work to be done, proposed beginning and completion dates, and
the location of such project.[1]
[1]
Editor's Note: The following appendix material,
which was included at the end of Ord. No. 693, is on file in the Borough
offices: Diagram with text re: disturbed surfaces; Concrete Surface
Reconst.; Brick Surface Reconst. & Concrete Base Detail; Application
for Street Opening Permit; Street Opening Procedure; and Emergency
Street Opening Procedure.
E.
Obstruction/alteration of manholes. It shall be prohibited in the
Borough of Pleasant Hills to cover, alter, adjust or bury manholes.
Violations of this subsection shall be subject to a penalty and fine
of $300, plus court costs for each offense upon an adjudication of
the District Judge.
[Added 2-17-2014 by Ord. No. 968]
