[Adopted 8-27-2019 by Ord. No. 965[1]]
[1]
Editor’s Note: This ordinance also repealed former Article
IV, Excavations, adopted 12-7-1993 by Ord. No. 807, as amended.
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.
The Borough of Monaca, Beaver County, Commonwealth of Pennsylvania.
A person who has the authority to act on behalf of the Borough.
Said person may be the Borough Manager, Public Works Director or other
employee authorized by Council to act.
Any unforeseen circumstance(s) or occurrence(s), the existence
of which constitutes a clear and immediate danger to person(s) or
property(ies).
The engineer employed as the Borough Engineer or his authorized
representative.
Any street constructed or resurfaced within five years of
request for street opening.
Any person who has been issued a permit and has agreed to
fulfill all the terms of this article.
Includes any natural person, partnership, firm, association,
utility, corporation or authority created pursuant to an act of the
Pennsylvania General Assembly. Whenever used in any section prescribing
and imposing a penalty, the term "person," as applied to an association,
shall mean the partners or members thereof and, as applied to corporations,
the officers thereof.
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.
Provisions for maintaining traffic flow over disturbed area
by temporary bridges or by backfilling with specified material to
match existing road grade.
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 of Monaca 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 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 Borough of Monaca shall be notified prior
to such openings by either fax or telephone. The person shall thereafter
apply for a permit on the first regular business day on which the
Borough of Monaca office 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, except
that where the permittee desires to perform additional work not in
excess of an amount greater than 10% of the amount specified in such
permit, the permittee may apply to the Borough of Monaca for an amended
permit to permit the additional work. If additional work desired to
be performed by the permittee exceeds 10% of the amount specified
in the original 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 the issuance of the permit thereof. 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 after 60 days from issuance date.
If the permittee shall be unable to complete the work within the specified
time, he or she shall, prior to expiration of the permit, present,
in writing, to the Borough of Monaca a request for an extension of
time setting forth therein the reasons for the requested extension.
If the Borough of Monaca 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 Borough of Monaca shall be made and restored under the direction
and supervision of the Borough Designee or the 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 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 Beaver; 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 Beaver which would otherwise require a permit
under the terms of this article shall notify the Borough of Monaca
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 Borough of Monaca
during the continuation of said work.
Every permit shall be granted subject to the right of the Borough
of Monaca, 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 Borough of Monaca, 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 Code of the Borough
of Monaca 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.
The 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 Borough of Monaca shall do or cause to
be done such works 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 of Monaca shall be recovered from
the deposit or bond the permittee has made or filed with the Borough
of Monaca.
It shall be the duty and responsibility of any applicant to:
A.
Make written application for such permit with the Borough of Monaca
on such form as it shall prescribe. No work shall commence until the
Borough of Monaca 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 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.
C.
Agree to save the Borough of Monaca, 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 and to indemnify the Borough of Monaca for any losses,
costs liabilities or damages it is called upon to pay. 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 Borough
Council; provided, however, that public utility companies may elect
to be billed monthly for such fees as they accrue, upon written notice
to the Borough.
B.
Make a deposit to cover any additional costs borne by the Borough
of Monaca specifically related to the work authorized by the permit
and, unless the permittee is granted permission to restore the street
surface, 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 of Monaca in accordance with this article.
In the case of public utility companies, the Borough of Monaca may
waive the requirement of a deposit if said utility companies file
with the Borough of Monaca their corporate bond in a form satisfactory
to the Municipal Solicitor, conditioned upon the payment to the Borough
of Monaca 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 Borough of Monaca shall bill such utility
companies monthly for such costs as they accrue.
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, except by special permission of the Borough
of Monaca.
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 Borough of Monaca
of such damage and thereafter may make the necessary repairs or relocation
and file a claim against the permittee with the Borough of Monaca
for the costs of such repairs or relocation. Public utility companies
concerned shall be notified by the Borough of Monaca 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 of Monaca 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 of a permanent survey
bench mark within the Borough of Monaca 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 of Monaca. 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 Borough
of Monaca 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
Borough of Monaca to be necessary for the protection of the public.
Additional safety requirements may be prescribed by the Borough of
Monaca and, where applicable, shall be in conformance with the requirements
set forth in PennDoT, 67 Pa. Code § 203.1 et seq.,[1] as amended, dealing with work-zone traffic control. Copies
of the publication shall be made available in the office of the Borough
of Monaca 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 Borough
of Monaca. 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, injure, destroy or extinguish any
barrier, warning light, sign or notice erected, placed or posted in
accordance with the provisions of this section.
[1]
Editor's Note: 67 Pa. Code Chapter 203 was reserved by 36
Pa.B. 537, effective 2-4-2006. See now Pa. Code § 212.401
et seq.
J.
Access to private driveways shall be provided except during working
hours when construction operations prohibit provisions 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 dirt or dust nuisance, the Borough of Monaca 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 of Monaca. 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
the 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 Saturday,
unless the permittee obtains written consent from the Borough of Monaca
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 that the
work authorized by the permit is to be performed in traffic-congested
areas.
M.
In granting any permit, the Borough of Monaca 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)
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 Borough
of Monaca.
O.
Material specifications. All materials used in restoring openings
shall consist of, but not be limited to, the following:
(1)
Crushed aggregate. Crushed aggregate for surface restoration at various
locations as directed shall be crushed gravel meeting the requirements
of Section 350, Subbase, of the Pennsylvania Department of Transportation
(PennDOT) Specifications Manual Form 408, most recent editions, for
single-course gradation-band option with one-inch-top size or approved
alternate.
(2)
Special trench backfill shall be crushed stone meeting or exceeding
the requirements of Section 677 of the PennDOT Specifications Manual
Form 408, most recent edition, for 2RC aggregate. Type A or better,
material.
(3)
Asphalt pavement shall be based on the detail "Local Road Bituminous Pavement Replacement Detail. (See § 205-27V.)
(4)
Grass seed. Grass seed for surface restoration of all off-street,
private right-of-way areas shall meet or exceed the requirements of
Section 804 of PennDOT Specifications Manual Form 408, most recent
edition, for Formula B materials of the following mix by weight or
approved equal:
|
Type
|
Percent
|
|---|---|
|
Perennial rye grass (Pennfine or Manhattan)
|
20%
|
|
Pennlawn red fescue
|
30%
|
|
Kentucky bluegrass
|
50%
|
(5)
Concrete shall be Class A, minimum mix of six bags per cubic yard,
for a compressive strength of 2,750 pounds per square inch (psi) at
seven days and 3,300 psi at 28 days and flexural strengths of 500
psi at seven days and 600 psi at 28 days.
P.
Use of streets. During the progress of work, the permittee shall
accommodate both vehicular and pedestrian traffic and shall provide
unobstructed access to fire hydrants and water and gas valves. Gutters
and waterways must be kept open, or other provisions made for the
removal of stormwater. Street intersections may be blocked 1/2 at
a time, and the permittee shall lay and maintain temporary driveways,
bridges, and crossings as, in the opinion of the Engineer, are necessary
to reasonably accommodate the traveling public.
Q.
Existing utilities.
(1)
The permittee will be required, at his own expense, to protect, support
and sustain all sewers, water, gas or service pipes and electric,
light, power, telephone or telegraph poles, conduits and other fixtures
laid across or along the line of the utility, whether such facilities
are public or private. Damage to any private sewer will be repaired
by the permittee.
(2)
The Engineer, as well as the company or corporation owning any municipal
or utility company pipes, poles or conduits, must be notified by the
permittee before any such facilities are removed or molested. In case
any water or sewer lines or any utility company gas or electric facilities,
including service connections and/or appurtenances, are damaged, they
shall be repaired by the authorities having control of the same, and
the expense of said repaired shall be paid by the permittee directly.
Existing private sewer service lines damaged, disrupted or taken up
by contractor's operations shall be reconnected and restored to full
service by and at the expense of the permittee. The permittee shall
also be responsible for maintenance of damaged sections of private
service aterals for the terms of the warranty period.
(3)
It shall be the responsibility of the permittee to ascertain and
verify the actual location and elevation of existing pipelines or
buried conduits in the path of the work before commencing excavation.
R.
Shoring, sheeting and bracing. All excavations which are five feet
or more in depth or which exceed any state or federal regulatory agency's
stipulated maximum depth for unshored excavations or are in unstable
material and shoring is necessary to facilitate proper and safe working
conditions, excavations shall be shored. All shoring shall meet or
exceed OSHA or State Labor Department requirements. Shoring shall
consist of timber or metal sheeting supported by a sound system of
cross jacks acting against a sheeting whaler grid. As an alternate
to shoring by sheeting, the permittee may employ an approved-type
trench box of reinforced-steel construction, and workmen shall conduct
work from within such box.
S.
Construction methods. Excavation involving the removal of bituminous
or concrete paving in streets, private drives and parking area trenching
situations shall be accomplished by sawing or cutting the improved
surface at the edges of the proposed trench at points one foot on
either side of the trench opening at ground surface. Sawing or cutting
shall extend to the full depth of the existing surface. Where existing
surfaces are damaged, taken up, undercut or unraveled by construction
excavation operations which extend beyond the original saw or cut
marks for removal, the permittee, in restoring such bituminous or
concrete surfaces to original condition, shall resaw or cut the surface
to a straight and even line six inches beyond the furthest point of
damage from the trench center line.
T.
Work in freezing weather. When temperatures fall to 32° F., all
grouting and concrete materials entering into the construction are
to be preheated and used while warm. When any mortar or cement concrete
work is carried out under freezing conditions, the heated area must
be maintained for at least 24 hours or the installation shall be protected
from frost by covering with hay or straw; and where it is impractical
to completely cover the work area with an enclosure and heat the work
area to at least 40° F., the work shall be suspended.
U.
Trench excavation. The trench shall be excavated along the lines
proposed by the permit holder and approved by the Borough Designee
or Engineer. All trenches shall have vertical sides. No tapering of
sides shall be permitted unless approved in writing. The width of
the trench, unless otherwise approved, shall be six inches minimum
and 18 inches maximum on each side of the utility pipe. The bottom
of the trench shall be hallowed out so as to allow the body of the
pipe to have a bearing throughout on the trench bottom. Ground adjacent
to all excavations shall be graded to prevent water running in. Any
accumulated water in the excavation shall be removed by pumping or
other means approved by the Engineer, prior to the placement of pipes
or utilities and before backfill is begun.
V.
The attached details labeled "SD-1" through "SD-27" and "Local Road
Bituminous Pavement Replacement Detail" are merged herein, made part
hereof and shall be the standards to follow and comply with for and
during street opening work.[2]
[Amended 6-13-2023 by Ord. No. 987]
[2]
Editor's Note: Said details and specifications are included as an attachment to this chapter.
A.
All pavement cuts, openings, and excavations shall be made properly
and backfilled properly by the permittee according to Borough of Monaca
specifications, including but not limited to the details attached
hereto and incorporated herein at the appendix to this chapter. If
conditions are such as to prevent the completion of permanent restorations
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 Borough of Monaca 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 Borough designee or Engineer is present or permission has been
granted for backfilling or restoration after inspection by the Borough
designee or Engineer.
D.
Requirements for opening street (not newly improved). The applicant
shall mill and replace the one-and-one-half-inch pavement wearing
course over the opening and/or excavation for the entire distance
from curb to center line of the roadway of the subject street and
otherwise comply with the revised Borough of Monaca Construction and
Design Specifications (including SD-21), attached hereto and incorporated
herein in the appendix to this chapter, in a manner acceptable to
the Borough Engineer. If the utility street opening extends to within
three feet of the roadway center line, the entire cartway shall be
milled and resurfaced (curb to curb). These requirements may be waived
by action of the Borough of Monaca Council.
[Amended 6-13-2023 by Ord. No. 987]
E.
After excavation is commenced, the work of making and backfilling the same shall be prosecuted with due diligence. Unless the provisions of Subsection A 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 specification during:
F.
Inspections of all work authorized by a permit shall be made by the
Borough designee or Engineer at such times and in such manner as required
to assure compliance with provisions of the 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 designee or Engineer
shall provide the services of such inspector.
G.
All costs of inspection shall be borne by the permittee. Such costs
shall be based upon a schedule of charges on file in the office of
the Borough of Monaca.
H.
Upon completion of all work accomplished under the provisions of
a permit, the permittee shall notify the Borough of Monaca, in writing.
A certificate of final inspection shall be issued by the Borough designee
or 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, provided that the work authorized by the permit has been
performed according to municipal specifications. Prior to the issuance
of a certificate, the Borough Designee or Engineer shall make a final
inspection of the restoration to determine whether municipal specifications
have been adhered to and/or whether the restoration work was otherwise
adequately and properly performed.
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 Borough 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 Borough of Monaca,
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 Borough of Monaca or any of its officers
or employees, and no officer or employee of the Borough of Monaca,
or its agents, 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.
A.
Computation of guarantee. The Borough of Monaca, upon receipt of a properly completed application, shall determine the amount of the guarantee to be made by the permittee in accordance with the schedule of charges established pursuant to Subsection E of this section. The guarantee shall be paid at the time the permit is issued, and the guarantee shall be used to reimburse the Borough of Monaca 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 Borough of Monaca in carrying out the provisions of this article. In the case of a public utility company, the requirement of such guarantee may be waived if such public utility company files with the Borough of Monaca its corporate bond.
B.
Form of guarantee. The guarantee 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 guarantee is less than sufficient to
pay all costs, the permittee shall, upon demand, pay to the Borough
of Monaca an amount equal to the deficiency. If the permittee fails
or refuses to pay such deficiency, the Borough of Monaca may institute
an action to recover the same in the Court of Common Pleas of Beaver
County, Pennsylvania. Until such deficiency is paid in full, no additional
permits shall be issued to such permittee.
D.
Yearly guarantee. 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 guarantee in an
amount and form as hereinbefore provided for the calendar year or
part thereof to cover the cost of guarantees which would otherwise
be required for the anticipated permits.
E.
Guarantee and fee schedules. The Borough of Monaca shall establish
a schedule of charges for inspections, labor, materials and other
such expenses as may be incurred by the Borough in carrying out the
provisions of this article. This schedule shall be established by
the Borough of Monaca in accordance with the reasonably anticipated
costs to be incurred by the Borough 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 Borough. The Borough of Monaca
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 Borough of Monaca Administrative
office.
F.
Decision on costs. The decision of the Borough of Monaca as to the
cost of any work done or repairs made by the Borough of Monaca, 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 guarantee. Upon notification by the permittee that all
work authorized by the permit has been completed, and after restoration
of the opening, the Borough of Monaca shall refund to the permittee
his or her deposit, less all cost incurred by the Borough of Monaca
in connection with said permit. In no event shall the permit fee be
refunded.
A.
Performance bond. Each applicant or permittee, upon receipt of a
permit, shall provide the Borough of Monaca with financial security,
in a form acceptable to the Municipal Solicitor, to guarantee faithful
performance of work authorized by a permit granted pursuant to this
article. The amount of the financial security shall be 100% of the
estimated cost of restoring the street opening. The term of the financial
security 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 of Monaca. If the permittee anticipates requesting
more than one permit per year, as required by this article, the permittee
may furnish a single financial security to guarantee faithful performance
in such amount as the Borough of Monaca 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 Municipal Solicitor, may be accepted in lieu of the corporate
surety bond required by this section.
B.
Maintenance bond. Each applicant, upon the receipt of a permit, shall
provide the Borough of Monaca with financial security, in a form acceptable
to the Municipal 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 Borough of
Monaca and the provisions of this article. The Borough of Monaca shall
determine the amount of the bond, and it shall be in relation to the
cost of restoring the pavement cuts 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 permanent restoration of the opening by the Borough of Monaca and
shall terminate upon the receipt by the permittee of a certificate
of final inspection from the Engineer. 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 granted under this article, as well as compliance with
the specifications of the Borough of Monaca and the provisions of
this article, in such amount as the Borough of Monaca 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 Municipal Solicitor, may be accepted in lieu of
the corporate surety bond required by this section.
C.
Default in performance. Whenever the Borough of Monaca 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 of Monaca 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 Borough of Monaca
for the cost of doing the work as set forth in the notice.
A.
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 $2,000,000 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.
B.
The specific amount of the insurance shall be prescribed by the Borough
of Monaca in accordance with the nature of the risk involved; provided,
however, that the liability insurance for bodily injury shall be in
an amount not less than $1,000,000 for each person and $3,000,000
for each accident, and for property damage in an amount not less than
$500,000 with an aggregate of $1,000,000 for all accidents.
C.
A certificate of insurance, in the amount required by this section
and in a form acceptable to the Municipal Solicitor, shall be filed
with the Borough of Monaca prior to commencement of work under the
permit. This certificate of insurance shall also state that the Borough
of Monaca shall be given written notice at least 60 days prior to
cancellation of such insurance.
D.
The Borough of Monaca shall be listed as an additional insured and/or
loss payee on all policies of insurance described in this section.
E.
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 Municipal 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.
Notice of proposed improvement. When the Borough of Monaca shall
improve or pave any street, the Borough of Monaca 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 Borough of Monaca, 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
of Monaca after consultation with the Engineer.
B.
Restriction upon opening newly improved street. No permit shall be issued by the Borough of Monaca 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 requires that the proposed work be permitted, or unless an emergency condition exists, or unless approved by the Borough of Monaca governing body subject to the applicant's compliance with § 205-32C hereof.
C.
Requirements for opening newly improved street. If by special action
of the Borough of Monaca governing body a permit is issued to open
any paved and improved street surface less than five years old, then
the applicant for such permit shall improve the opening and/or excavation
for the entire distance from curb-to-curb of the subject street and
otherwise comply with the Borough of Monaca Construction and Design
Specifications, attached hereto and incorporated herein at the appendix
to this chapter,[1] in a manner acceptable to the Engineer. These requirements
may be waived by action of the Borough of Monaca governing body.
[1]
Editor's Note: Said details and specifications are included as an attachment to this chapter.
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 of Monaca
or to or from premises of its inhabitants or for any other purposes
shall file with the Borough of Monaca, within 120 days after the adoption
of this article, a written statement containing the names of the Borough
streets wherein the aforementioned facilities owned by such person
are located.
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
Borough of Monaca a statement, in writing, giving detail of 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
of Monaca notified thereof in writing.
B.
When the Borough of Monaca 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 Borough of Monaca
and Engineer, their removal is in the best interest of the Borough
of Monaca. If the owner shall refuse to remove such abandoned facilities,
the Borough of Monaca shall remove the abandoned facilities and the
owner shall reimburse the Borough of Monaca for 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
Borough 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 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 Borough
of Monaca shall notify the owner(s) of such facilities of the proposed
work.
The Borough of Monaca shall notify, in writing, municipal police
and fire authorities of all street opening permits it 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 such 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
of not less than $100 nor more than $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 Municipal Treasurer.
C.
The Borough of Monaca may also commence appropriate actions in equity,
at law or other, to prevent, restrain, correct, enjoin, or abate violations
of this article.
