[Adopted 8-2-1971 by Ord. No. 794 (Ch. 1024 of the 1982
Code)]
A.
APPLICANT
BOROUGH
BOROUGH MANAGER or MANAGER
EMERGENCY
MUNICIPAL AUTHORITY
NEW STREET
PERMITTEE
PERSON
PUBLIC UTILITY COMPANY
STREETS
As used in this article, except where the context clearly indicates
otherwise, the following terms shall have the meanings indicated:
A person who makes application for a permit under this article.
The Borough of Green Tree, Allegheny County, Pennsylvania.
The person in charge of the Department of Public Works, or
his or her authorized deputy, representative or inspector.
Any unforeseen circumstance or occurrence, the existence
of which constitutes a clear and immediate danger to persons or properties.
Any body corporate and politic created pursuant to the laws
of the commonwealth.
A newly constructed cartway, including the base and surfacing
of either concrete or asphalt, or a reconstructed cartway surfaced
with at least a one-and-one-fourth-inch top of asphalt. It shall be
the prerogative of the Manager to define the category of "new street"
and advise the proper utility companies of such designation.
A person who has been issued a permit and who has agreed
to fulfill all the terms of this article.
Includes any natural person, partnership, association, utility,
corporation or authority created pursuant to an act of the General
Assembly. When used in any section prescribing and imposing a penalty,
"person," as applied to associations, means the partners or members
thereof and, as applied to corporations, the officers thereof.
A company subject to the jurisdiction of and control by the
Pennsylvania Public Utility Commission.
Includes any public street, public easement, right-of-way,
public highway, public alley, public way or public road accepted or
maintained by the Borough or open for travel and used by the public,
whether or not so accepted or maintained, including the entire area
within the right-of-way thereof.
B.
Words and phrases used in the singular shall include the plural,
and the masculine shall include the feminine and the neuter.
No person shall make any tunnel or excavation of any kind in
or under the surface of a street without first securing a permit from
the Borough for each separate undertaking. However, a person maintaining
pipes, lines or other underground facilities in or under the surface
of a street may proceed with an excavation 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 Manager is open
for business, such permit to be retroactive to the date when the work
was begun. In all cases where emergency excavations are necessary,
the Police Department shall be notified prior to such excavation.
No person to whom a permit has been granted pursuant to this
article shall perform any of the work authorized by such permit in
any amount greater than that specified in the permit, except that,
if the permittee desires to perform additional work not in excess
of an amount greater than 10% of the amount specified in the permit,
the permittee may apply to the Manager for an amendment to the original
permit to allow for the additional work. If the additional work exceeds
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 in this section.
Work for which a permit has been issued pursuant to this article
shall commence within 30 days after the issuance of the permit. If
not so commenced, the permit shall be automatically terminated 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 therefor,
may be renewed only upon the payment of an additional permit fee as
originally required.
Permits issued pursuant to this article are not transferable
from one person to another. The work authorized by such a permit shall
not be done in any place other than the location specifically designated
in the permit.
Every permit issued pursuant to this article shall expire at
the end of the period of time which is set out in the permit. If the
permittee is unable to complete the work within the specified time,
he or she shall, prior to the expiration of the permit, present, in
writing, to the Manager a request for an extension of time, setting
forth therein the reasons for the requested extension. If the Manager
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 completion
of the work.
[Amended 10-6-2014 by Ord. No. 1724]
All street excavations required by utilities owned and/or operated
by the Borough shall be made and restored under the direction and
supervision of the Manager. The permit, fee, deposit, insurance and
bond requirements of this article shall not be applicable to any excavation
made for utilities owned by the Borough.
This article shall not be applicable in those instances where
the street or highway is maintained by the commonwealth or the county;
provided, however, that a person applying for a permit to do work
within the right-of-way of a street or highway maintained by the commonwealth
or the county, which would otherwise require a permit under this article,
shall notify the Manager at the time that such application is made
and at the time that the work under any permit issued pursuant to
such application is begun so that proper safety precautions may be
taken by the Borough during the continuation of such work.
[Amended 10-6-2014 by Ord. No. 1724]
Every permit, if granted, under this article, shall be subject
to the right of the Borough or of any other person entitled to use
the street for any purpose for which such street may lawfully be used
not inconsistent with the permit.
A.
A permit issued pursuant to this article may be revoked by the Manager,
after notice to the permittee, for:
(1)
A violation of any condition of the permit or of any provision of
this article;
(2)
A violation of any provision of any other applicable ordinance or
law relating to the work; or
(3)
The existence of any condition or the doing of any act constituting
or creating a nuisance or endangering the lives or property of others.
B.
A permittee shall be granted 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 the permit is revoked.
C.
Written notice of the violation shall be served upon the permittee
or his or her agent. 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 mail addressed to the person to be notified.
D.
When the permit has been revoked and the work authorized by the permit
has not been completed, the Manager shall cause such work to be done
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 Borough shall be recovered from the deposit or bond the permittee
has made or filed with the Borough.
[Amended 6-6-2011 by Ord. No. 1662]
The applicant for a permit issued pursuant to this article shall:
A.
Make a written application for such permit with the Manager on such
form as the Manager prescribes. No work shall commence until the Manager
has approved the application and plan and has issued a permit and
until the permittee has paid and provided all fees, deposits, certificates
and bonds required by this article.
B.
Furnish in triplicate a plan showing the work to be performed under
the 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, 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 the permit.
The acceptance of any permit shall constitute such an agreement by
the applicant, whether or not the same is expressed.
A person receiving a permit issued pursuant to this article
shall:
A.
Pay a minimum permit fee of $100 per excavation, plus $1.00 per linear
foot for each additional foot or fraction thereof of excavation more
than 10 feet in length. Public utility companies and municipal authorities
may, upon written notice to the Manager, elect to be billed monthly
for such fees as they accrue.
[Amended 7-7-1980 by Ord. No. 958; 10-6-2014 by Ord. No. 1724]
B.
Make a deposit to cover the cost of inspecting the work authorized by the permit and, unless the permittee is granted permission to restore the street surface as provided in § 295-29D, 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 Manager, as provided in § 295-30A. In the case of a public utility company, the Borough may waive the requirement of a deposit if such utility company files with the Borough a corporate bond in a form satisfactory to the Solicitor, conditioned upon the payment to the Borough of all costs which would otherwise be covered by and paid out of such a deposit. If such utility company elects to file such a bond, the Borough shall bill such utility company monthly for such costs as they accrue.
E.
Submit, when required by the Manager, a list of owners and/or tenants
and/or the addresses of all properties abutting the area where the
work authorized by the permit is to be performed;
F.
Present evidence, when required, that all materials, labor and equipment
which are needed to complete the work authorized by the permit are
available; and
G.
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 such permit was granted, and show such permit and/or plan upon
the demand of the Superintendent of Public Works or police personnel.
A.
No 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.
Not more than 150 feet, measured longitudinally, of a street shall
be excavated at any one time, except by special permission of the
Manager.
C.
All utility facilities shall be exposed sufficiently or definite
locations thereof determined ahead of trench excavation work to avoid
damage to such facilities and to permit their relocation, if necessary.
D.
Pipe drains, pipe culverts or other facilities encountered during
the course of work shall be protected by the permittee.
E.
A person whose facilities are damaged or caused to be relocated by the permittee shall notify the permittee and the Borough of such damage and thereafter may make the necessary repair or relocation and file a claim against the permittee with the Borough for the cost of such repair or relocation. Public utility companies concerned shall be notified by the Borough in sufficient time to determine the validity of the damage or relocation claims. The cost of such repair or relocation work may be held by the Manager from the deposit provided for in § 295-30, pending determination of liability for damage.
F.
Monuments of concrete, iron or other lasting material, set for the
purpose of locating or preserving the lines of a street or property
subdivision, a precise survey reference point or a permanent survey
bench mark in 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 Manager. 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 a street, provisions 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 a street, the permittee shall cause the removal of the same from the street within eight hours after deposit thereof to permit the safe flow of traffic. If such earth, gravel or other material is not removed as specified, the Manager shall cause such removal, and the cost incurred shall be paid by the permittee or deducted from the deposit made pursuant to § 295-30.
I.
Public safety.
(1)
Every permittee shall place around the project such barriers, barricades,
lights, warning flags and danger signs as shall be determined by the
Manager to be necessary for the protection of the public. Additional
safety requirements may be prescribed by the Manager and, where applicable,
shall be in conformity with the requirements set forth in the Pennsylvania
Department of Transportation Publication 213, latest edition. Copies
of the publication are available on the Pennsylvania Department of
Transportation web site.
[Amended 10-6-2014 by Ord. No. 1724]
(2)
Barricading shall be in compliance with the regulations set forth
in such publication.
[Amended 10-6-2014 by Ord. No. 1724]
(3)
All applicable rules and regulations of the State Department of Labor
and Industry shall be complied with.
(4)
Whenever a person fails to provide or maintain the safety devices
required by the Manager, such devices shall be installed and maintained
by the Borough. The cost so incurred shall be paid by the permittee
or deducted from his or her deposit.
(5)
No person shall willfully move, remove, injure, destroy or extinguish
any barrier, barricade, light, warning flag, sign or notice erected,
placed or posted in accordance with this article.
J.
Access to private driveways shall be provided except during working
hours when construction operations prohibit the provision of such
access. Free access shall be provided at all times to fire hydrants.
K.
Excavated materials shall be laid compactly along the side of the
trench and kept trimmed so as to cause as little inconvenience as
possible to public travel. Any excavated material that cannot be adequately
stored as described above shall be immediately loaded into dump trucks
and removed from the site.
[Amended 10-6-2014 by Ord. No. 1724]
L.
Work authorized by a permit issued pursuant to this article shall
be performed between 7:00 a.m. and 7:00 p.m., prevailing time, Monday
through Saturday, unless the permittee obtains written consent from
the Manager 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.
M.
In granting any such permit, the 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, limitations on the period of the year in which the work may be
performed; restrictions as to the size and type of equipment used
in the work; the designation of routes upon which materials may be
transported; the place and manner of disposal of excavated materials;
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 regulations
as to the use of streets in the course of the work.
N.
The use of a mechanical device for the breaking of pavement, such
as a hydra-hammer or headache ball, etc., shall only be permitted
by special written permission of the Manager.
A.
All pavement cuts and excavations shall be properly made and backfilled
by the permittee in accordance with Borough specifications.
[Amended 10-6-2014 by Ord. No. 1724]
B.
The Manager shall be notified by the permittee, during the twenty-four-hour
period preceding the beginning of backfilling, of the date and approximate
time at which backfilling will be begun. Backfilling must be completed
within 36 hours of the installation of the facility, in accordance
with Borough specifications.
C.
No backfilling shall be accomplished unless the Manager or a designated
Borough inspector is present, or unless permission has been granted
for backfilling after inspection of such installation by the Manager.
D.
The work of final restoration, including milling and paving, shall
be performed by the permittee under the supervision of the Manager
or Borough Engineer; in the case of large utility installations, the
Manager may include the milling and paving in the regular Borough
paving program. If the Borough performs the final pavement restoration,
the permittee shall reimburse the Borough for the final restoration
of the area in accordance with the rates included in the current paving
program.
[Amended 10-6-2014 by Ord. No. 1724]
E.
The permittee shall be responsible for paving the area five feet
beyond the disturbed area on each side measured along the center line
of the street for the full width of the street paving. The Manager
reserves the right to adjust the restoration area based on site conditions.
[Amended 10-6-2014 by Ord. No. 1724]
F.
After excavation is commenced, the work of making and backfilling
such excavation shall be prosecuted with due diligence.
G.
Inspections of all work authorized by a permit issued pursuant to
this article shall be made by the Manager at such times and in such
manner as is required to ensure compliance with this article. If the
nature of the work to be performed under any such permit requires
the services of a full-time inspector, the Manager shall provide for
the services of such inspector.
H.
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 Manager.
I.
Upon the completion of all work accomplished under the permit issued
pursuant to this article the permittee shall notify the Manager, in
writing, of such completion. The Manager will inspect the restored
area and notify the permittee of the adequacy of the restoration.
The permittee shall repair all areas found to be deficient by the
Manager.
[Amended 10-6-2014 by Ord. No. 1724]
J.
If any settlement in a restored area occurs within one year from
the date of completion of the permanent restoration, and the permittee
fails to make a correction thereof 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 Manager that the settlement was
not due to defective backfilling.
K.
In no case shall an excavation made by a permittee be considered
in the charge or care of the Borough or any of its officers or employees.
No officer or employee of the Borough is authorized in any way to
take or assume any jurisdiction over any such excavation, except in
the exercise of police power when it is necessary to protect life
and property.
[Amended 10-6-2014 by Ord. No. 1724]
A.
Computation. The Manager, 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 § 295-31; provided, however, that the minimum deposit required by this article shall be not less than $100. The deposit shall be paid at the time the permit required by this article is issued, and the deposit shall be used to reimburse the Borough for the cost of any work and/or material furnished by it in connection with work authorized by the permit, to cover the cost of all necessary inspections of such work, or for any other expenses incurred by the Borough 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 utility company files with the Borough its corporate bond, pursuant to § 295-27B.
[Amended 10-6-2014 by Ord. No. 1724]
B.
Form of payment. The deposit may be paid either in the form of a
certified, treasurer's or cashier's check or in lawful money of the
United States.
C.
Insufficient deposits. When 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 a court of competent jurisdiction. Until such deficiency
is paid in full, no additional permit shall be issued to such permittee.
D.
Yearly deposits. When a public utility company anticipates applying for permits for more than one street excavation per calendar year and does not elect to file a corporate bond, as provided in § 295-27B, such utility company may post one deposit, in an amount and form as provided in this section, for the calendar year or part thereof to cover the cost of deposits which would otherwise be required for the anticipated permits.
The Manager shall establish a schedule of charges for inspections,
labor, materials and such other expenses as may be incurred by the
Borough in carrying out the provisions of this article. Such schedule
shall be established by the Manager in accordance with the reasonably
anticipated costs to be incurred by the Borough for such inspections,
including reasonable administrative and overhead expenses, and in
accordance with the currently prevailing costs in the area for any
labor and material which may be provided by the Borough. The Manager
shall revise such schedule from time to time to reflect any increase
or decrease in the costs used to establish such charges. Such schedule
shall be open to public inspection in the office of the Manager.
The decision of the Manager as to the cost of any work done
or repair made by him or her or under his or her direction, pursuant
to this article, shall be final and conclusive as to such cost.
Upon notification by the permittee that all work authorized
by the permit issued pursuant to this article has been completed,
and after restoration of the excavation, the Manager shall refund
to the permittee his or her deposit less all costs incurred by the
Borough in connection with the permit. In no event shall the permit
fee be refunded.
A.
Performance bonds. In those instances where the applicant or permittee
intends to apply for or has received permission to perform the work
of restoration of the street surface, the applicant, upon receipt
of a permit, or the permittee shall provide a performance surety bond
acceptable to the Borough to guarantee the faithful performance of
the work authorized by a permit issued pursuant to this article. The
amount of the bond shall be 100% of the estimated cost of restoring
the excavation. The term of the bond shall begin on the date of posting
thereof and shall terminate upon the receipt by the permittee of notification
that the restoration has been inspected and is acceptable by the Borough.
If the permittee anticipates requesting more than one permit per year
as required by this article, he or she may furnish one continuing
corporate surety bond to guarantee faithful performance, in such amount
as the 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. In the case of a public utility company,
its corporate bond, in a form satisfactory to the Solicitor, maybe
accepted in lieu of the corporate surety bond required by this subsection.
[Amended 10-6-2014 by Ord. No. 1724]
B.
Maintenance bonds. Each applicant, upon the receipt of a permit,
shall provide the Borough with an acceptable corporate surety bond
conditioned for compliance with the excavation specifications of the
Borough and this article. The Manager 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, that
the bond shall be not less than $10,000. The term of each such bond
shall begin on the completion date of the permanent restoration of
the excavation by the Borough and shall terminate a period of two
years after final acceptance by the Borough. If the permittee anticipates
requesting more than one permit per year, he or she may file a continuing
corporate surety bond conditioned for compliance with the specifications
of the Borough and this article in such amount as the 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. In the case of a public utility company, its corporate bond,
in a form satisfactory to the Solicitor, maybe accepted in lieu of
the corporate surety bond required by this subsection.
[Amended 10-6-2014 by Ord. No. 1724]
C.
Default in performance. Whenever the Manager finds 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 of the bond. Such notice shall state the work to be done, the
estimated cost thereof and the period of time deemed by the Manager
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 specified in such notice, 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 10-6-2014 by Ord. No. 1724]
Each applicant, upon receipt of the permit issued pursuant to
this article, shall provide the Borough with an acceptable certificate
of insurance indicating that he or she is insured against claims for
damages for personal injuries as well as against claims for property
damage which may arise from or out of the performance of the work,
whether such performance is by himself or herself, his or her subcontractor
or anyone directly or indirectly employed by him or her. 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. Insurance and limits shall be issued in
accordance with Schedule A attached hereto.[1] 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 section or have adequate provisions for self-insurance.
Public utility companies and authorities may file an annual certificate
of insurance in lieu of individual certificates for each permit. The
permittee shall provide a certificate of insurance to the Borough
that includes all required limits of insurance described herein, and
shall name the Borough as an additional insured.
[1]
Editor's Note: Schedule A is included as an attachment to this chapter. In the paper Code it is included at the end
of this chapter, and in the eCode360 it is located at the top of the
chapter.
When the Borough improves or paves a street, the Borough Secretary
shall first 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. All such persons,
utility companies and authorities shall make all connections, as well
as any repair thereto, which would necessitate the 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 Manager after consultation with the Borough Engineer.
No permit shall be issued by the Manager which would allow an
excavation in a paved and improved street surface less than five years
old unless the applicant for such permit can clearly demonstrate that
public health or safety requires that the proposed work be permitted
or unless an emergency condition exists.
[1]
Editor's Note: Former § 295-38, Charge for excavating
new streets, was repealed 10-6-2014 by Ord. No. 1724.
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, to
or from its inhabitants or for any other purpose, shall file with
the Manager, within 120 days after the adoption of this article (Ordinance
No. 794, adopted August 2, 1971), a written statement containing the
names of the streets wherein such facilities owned by such person
are located.
A.
Whenever any pipe, conduit, duct, tunnel or other entrance 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 Manager
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 facility, such manholes or tunnels shall
be filled in at the time of abandonment, and the Manager shall be
notified thereof in writing.
B.
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 Council, their removal is in
the best interests of the Borough. If the owner refuses to remove
such facilities, the Borough shall remove the abandoned facilities,
and the owner shall reimburse the Borough for such removal.
A.
If the work to be undertaken by the permittee will affect the use
of properties abutting or adjoining the project, the Manager may require
the permittee to submit a list of the owners and/or tenants and/or
the addresses of all properties abutting the area where the work authorized
by the permit is to be performed. Upon receipt of such list, the Manager
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
installations in the vicinity of the proposed excavation, the Manager
shall notify the owners of such installations of the proposed work.
The Manager shall notify, in writing, the Borough police and
fire authorities of all street excavation permits he or she grants
of a nature that would require a street being closed. Such notification
shall state the nature of the work to be done, the proposed beginning
and completion dates thereof, and the location of such project.
