The following words, when used in this article,
shall have the meanings ascribed to them in this section, except in
those instances where the context clearly indicates otherwise:
APPLICANT
Any person who makes application for a permit.
EMERGENCY
Any unforeseen circumstances or occurrence, the existence
of which constitutes a clear and immediate danger to persons or properties.
MANAGER
The Borough Engineer for all matters related to the administration
of this article.
[Amended 2-16-2009 by Ord. No. 901]
NEWLY IMPROVED STREET
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.
PERMITTEE
Any person who has been issued a permit and has agreed to
fulfill all the terms of this article.
PUBLIC UTILITY COMPANY
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.
STREET
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.
[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.
(2) Within 90 days after the first day of January of each and every year, such person shall notify in writing the Borough Engineer of the changes necessary to maintain the street list required under Subsection
A above.
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.
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]