[Adopted 8-13-1984 as Ord. No. 1227]
This Article shall be known and may be cited
as the "Street Excavation Ordinance of the City of Greensburg."
A.
When not inconsistent with the context, words used
in the present tense include the future, words in the plural number
include the singular number and words in the singular number include
the plural number. The word "shall" is always mandatory and not merely
directory.
B.
APPLICANT
CITY
CITY COUNCIL or COUNCIL
EXCAVATION WORK
PERMITTEE
PERSON
For the purposes of this Article, the following terms,
phrases, words and their derivations shall have the meanings given
herein.
Any person making written application to the Municipal/Consulting
Engineer for an excavation permit hereunder.
[Amended 9-14-2015 by Ord. No. 2057]
The City of Greensburg.
The City Council of the City of Greensburg.
The excavation and other work permitted under an excavation
permit and required to be performed under this Article.
Any person who has been granted and has in full force and
effect an excavation permit issued hereunder.
Any person, firm, partnership, association, corporation,
company or organization of any kind.
[Amended 9-14-2015 by Ord. No. 2057]
It shall be unlawful for any person to dig up,
break, excavate, tunnel, undermine or in any manner break up any street
or to make or cause to be made any excavation in or under the surface
of any street for any purpose or to place, deposit or leave upon any
street any earth or other excavated material obstructing or tending
to interfere with the free use of the street, unless such person shall
first have obtained an excavation permit therefor from the Municipal/Consulting
Engineer as herein provided. Except in the event of an emergency as
hereinafter described in this Article, no permit may be issued hereunder
unless six (6) months written notice prior to the issuance of such
permit is given to the Municipal/Consulting Engineer of such person's
intention to dig up, break, excavate, tunnel, undermine or in any
manner break up any street or excavate in or under the surface of
any street.
[Amended 9-14-2015 by Ord. No. 2057]
No excavation permit shall be issued unless
a written application for the issuance of any excavation permit is
submitted to the Municipal/Consulting Engineer. The written application
shall state the name and address of the applicant, the nature, location
and purpose of the excavation, the date of commencement and date of
completion of the excavation and other data as may reasonably be required
by the Municipal/Consulting Engineer. The application shall be accompanied
by plans showing the extent of the proposed excavation work, the dimensions
and the location of the excavation work and such other information
as may be prescribed by the Municipal/Consulting Engineer.
[Amended 12-21-1994 by Ord. No. 1646; 9-14-2015 by Ord. No. 2057]
A permit fee shall be charged by the Municipal/Consulting
Engineer for the issuance of an excavation permit, which shall be
in addition to all other fees for permits or charges relative to any
proposed construction work. The excavation permit fee shall be in
the amount as set by the City Council.
[Amended 12-21-1994 by Ord. No. 1646; 8-11-2003 by Ord. No.
1872; 9-14-2015 by Ord. No. 2057]
Before an excavation permit as herein provided
is issued, the applicant shall deposit with the Municipal/Consulting
Engineer a surety or personal bond in the amount of one hundred dollars
($100.) for each ten (10) square feet of street opening, made payable
to the City. The required surety bond must be:
A.
With good and sufficient surety.
B.
By a surety company authorized to transact business
in the state.
C.
Satisfactory to the City Solicitor in form and substance.
D.
Conditioned upon the permittee's compliance with this
Article and to secure and hold the city and its officers harmless
against any and all claims, judgments or other costs arising from
the excavation and other work covered by the excavation permit or
for which the city, the City Council or any city officer may be liable
by reason of any accident or injury to persons or property through
the fault of the permittee, either in not properly guarding the excavation
or for any other injury resulting from the negligence of the permittee,
and further conditioned to fill up, restore and place in good and
safe condition as near as may be to its original condition and to
the satisfaction of the Municipal/Consulting Engineer all openings
and excavations made in streets and to maintain any street where excavation
is made in as good condition for the period of twenty-four (24) months
after said work shall have been done, usual wear and tear excepted,
as it was in before said work shall have been done. Any settlement
of the surface within said two-year period shall be deemed conclusive
evidence of defective backfilling by the permittee. Nothing herein
contained shall be construed to require the permittee to maintain
any repairs to pavement made by the city if such repairs should prove
defective. Any owner of real estate repairing or engaging another
to repair his own sidewalk shall not be required to give such bond.
Recovery on such bond for any injury or accident shall not exhaust
the bond, but it shall in its entirety cover any or all future accidents
or injuries during the excavation work for which it is given. In the
event of any suit or claim against the city by reason of the negligence
or default of the permittee of such suit or claim, any final judgment
against the city requiring it to pay for such damage shall be conclusive
upon the permittee and his surety. An annual bond may be given under
this provision which shall remain in force for one (1) year, conditioned
as above, in the amount specified above and in other respects as specified
above, but applicable as to all excavation work in streets by the
principal in such bond during the term of one (1) year from said date.
[Amended 9-14-2015 by Ord. No. 2057]
The permittee shall take appropriate measures
to assure that, during the performance of the excavation work, traffic
conditions as nearly normal as practicable shall be maintained at
all times so as to cause as little inconvenience as possible to the
occupants of the abutting property and to the general public, provided
that the Municipal/Consulting Engineer may permit the closing of streets
to all traffic for a period of time prescribed by him if in his opinion
it is necessary. The permittee shall route and control traffic, including
its own vehicles, as directed by the City Police Department. The following
steps shall be taken before any highway may be closed or restricted
to traffic:
A.
The permittee must receive the approval of the Municipal/Consulting
Engineer and the Police Department therefor.
B.
The permittee must notify the Chief of the Fire Department
of any street so closed.
C.
Upon completion of construction work, the permittee
shall notify the Municipal/Consulting Engineer and City Police Department.
D.
In addition to any requirements imposed by the Pennsylvania
Department of Transportation, flagmen shall be furnished by the permittee
at its own expense. Through traffic shall be maintained without the
aid of detours, if possible. In instances in which this would not
be feasible, the Municipal/Consulting Engineer will designate detours.
The city shall maintain roadway surfaces of existing highways designated
as detours without expense to the permittee, but in case there are
no existing highways, the permittee shall construct all detours at
its own expense and in conformity with the specifications of the Director.
The permittee will be responsible for any unnecessary damage caused
to any highways by the operation of its equipment.
The excavation work shall be performed and conducted
so as not to interfere with access to fire stations and fire hydrants.
Material or obstructions shall not be placed within fifteen (15) feet
of fire plugs. Passageways leading to fire escapes or fire-fighting
equipment shall be kept free of piles of material or other obstructions.
[Amended 9-14-2015 by Ord. No. 2057]
The permittee shall erect and maintain suitable
barriers to confine earth from trenches or other excavations in order
to encroach upon highways as little as possible. The permittee shall
construct and maintain adequate and safe crossings over excavations
and across highways under improvement to accommodate vehicular and
pedestrian traffic at all street intersections. Vehicular crossings
shall be constructed and maintained of minimum three-fourths-inch
steel plate of adequate size and reinforcement to accommodate vehicular
traffic safely. Pedestrian crossings shall be constructed and maintained
of minimum three-eighthsinch steel place or three-inch thick, twelve-inch
wide wood planking of adequate length and necessary blocking. The
walk shall not be less than three feet in width and shall be provided
with a railing if required by the Municipal/Consulting Engineer.
[Amended 9-14-2015 by Ord. No. 2057]
The permittee shall not interfere with any existing
utility without the written consent of the Municipal/Consulting Engineer
and the utility company or person owning the utility. If it becomes
necessary to remove an existing utility, this shall be done by its
owner. No utility owned by the city shall be moved to accommodate
the permittee unless the cost of such work is borne by the permittee.
The cost of moving privately owned utilities shall be similarly borne
by the permittee unless it makes other arrangements with the person
owning the utility. The permittee shall support and protect, by timbers
or otherwise, all pipes, conduits, poles, wires or other apparatus
which may be in any way affected by the excavation work and to everything
necessary to support, sustain and protect them under, over, along
or across said work. In case any of said pipes, conduits, poles, wires
or apparatus should be damaged, they shall be repaired by the agency
or person owning them, and the expense of such repairs shall be charged
to the permittee, and his or its bond shall be liable therefor. The
permittee shall be responsible for any damage done to any public or
private property by reason of the breaking of any water pipes, sewer,
gas pipe, electric conduit or other utility, and its bond shall be
liable therefor. The permittee shall inform itself as to the existence
and location of all underground utilities and protect the same against
damage.
[Amended 9-14-2015 by Ord. No. 2057]
The permittee shall at all times and at his
or its own expense preserve and protect from injury any adjoining
property by providing proper foundations and taking other measures
suitable for the purpose. Where in the protection of such property
it is necessary to enter upon private property for the purpose of
taking appropriate protective measures, the permittee shall obtain
a license from the owner of such private property for such purpose,
and if he cannot obtain a license from such owner, the Municipal/Consulting
Engineer may authorize him to enter the private premises solely for
the purpose of making the property safe. The permittee shall, at its
own expense, shore up and protect all buildings, walls, fences or
other property likely to be damaged during the progress of the excavation
work and shall be responsible for all damage to public or private
property or highways resulting from its failure to properly protect
and carry out said work. Whenever it may be necessary for the permittee
to trench through any lawn area, the sod shall be carefully cut and
rolled and replaced after ditches have been backfilled as required
in this Article. All construction and maintenance work shall be done
in a manner calculated to leave the lawn area clean of earth and debris
and in a condition as nearly as possible to that which existed before
such work began. The permittee shall not remove, even temporarily,
any trees or shrubs which exist in parking strip areas or easements
across private property without first having notified and obtained
the consent of the property owner or, in the case of public property,
the Municipal/Consulting Engineer and the Chairman of the Shade Tree
Commission.
[Amended 12-21-1994 by Ord. No. 1646]
Any excavation made in any sidewalk or under
a sidewalk shall be provided with a sidewalk bridge, with specifications
as set forth in Section 3006.3 of the BOCA National Building Code.
[Amended 12-21-1994 by Ord. No. 1646]
The permittee shall erect such protective measures
about the site of the excavation work as shall prevent danger to persons
using the city street or sidewalks, and such protective barriers shall
be maintained until the work shall be completed or the danger removed.
Standards for such protective measures shall be as provided in Section
3006.0 of the BOCA National Building Code.
It shall be unlawful for the permittee to suffer
or permit to remain unguarded at the place of excavation or opening
any machinery, equipment or other device having the characteristics
of an attractive nuisance likely to attract children and hazardous
to their safety or health.
All material excavated from trenches and piled
adjacent to the trench or in any street shall be piled and maintained
in such manner as not to endanger those working in the trench, pedestrians
or users of the streets and so that as little inconvenience as possible
is caused to those using streets and adjoining property. Where the
confines of the area being excavated are too narrow to permit the
piling of excavated material beside the trench, such as might be the
case in a narrow alley, the Director shall have the authority to require
that the permittee haul the excavated material to a storage site and
then rehaul it to the trench site at the time of backfilling. It shall
be the permittee's responsibility to secure the necessary permission
and make all necessary arrangements for all required storage and disposal
sites.
[Amended 9-14-2015 by Ord. No. 2057]
All damage done to existing improvements during
the progress of the excavation work shall be repaired by the permittee.
Materials for such repair shall conform with the requirements of any
applicable code or ordinance. If, upon being ordered, the permittee
fails to furnish the necessary labor and materials for such repairs,
the Municipal/Consulting Engineer shall have the authority to cause
said necessary labor and materials to be furnished by the city, and
the cost shall be charged against the permittee, and the permittee
shall also be liable on his or its bond therefor.
Property lines and limits of easements shall
be indicated on the plan of excavation submitted with the application
for the excavation permit, and it shall be the permittee's responsibility
to confine excavation work within these limits.
[Amended 9-14-2015 by Ord. No. 2057]
As the excavation work progresses, all streets
and private properties shall be thoroughly cleaned of all rubbish,
excess earth, rock and other debris resulting from such work. All
cleanup operations at the location of such excavation shall be accomplished
at the expense of the permittee and shall be completed to the satisfaction
of the Director. From time to time as may be ordered by the Director
and in any event immediately after completion of said work, the permittee
shall at his or its own expense clean up and remove all refuse and
unused materials of any kind resulting from said work, and, upon failure
to do so within twenty-four (24) hours after having been notified
to do so by the Municipal/Consulting Engineer, said work may be done
by the city and the cost thereof charged to the permittee, and the
permittee shall also be liable for the cost thereof under the surety
bond provided hereunder.
[Amended 9-14-2015 by Ord. No. 2057]
The permittee shall provide for the flow of
all watercourses, sewers or drains intercepted during the excavation
work and shall replace the same in as good condition as it found them
or shall make such provisions for them as the Municipal/Consulting
Engineer may direct. The permittee shall not obstruct the gutter of
any street, but shall use all proper measures to provide for the free
passage of surface water. The permittee shall make provision to take
care of all surplus water, muck, silt, slickings or other runoff pumped
from excavations or resulting from sluicing or other operations and
shall be responsible for any damage resulting from its failure to
so provide.
Whenever it is necessary to break through existing
pavement for excavation purposes, the permittee shall do so in a manner
to cause straight lines with vertical edges. A power-driven concrete
saw shall be used so as to permit complete breakage of concrete pavement
or base without ragged edges. Asphalt paving shall be scored or otherwise
cut in a straight line. No pile driver may be used in breaking up
the pavement.
[Amended 9-14-2015 by Ord. No. 2057]
Boring, jacking or tunneling under pavements
shall not be permitted except by special permission, in writing, by
the Municipal/Consulting Engineer.
Backfilling in any street opened or excavated
pursuant to an excavation permit issued hereunder shall be compacted
to a degree equivalent to that of the undisturbed ground in which
the trench was dug. Backfilling above the top of the utility pipes
or similar installations shall be done with thin layers of premium
backfill material. Each layer is to be tamped by manual or mechanical
means. Layers that are hand-tamped shall not exceed four (4) inches
in thickness. Layers that are power-tamped shall not exceed eight
(8) inches in thickness.
Whenever any excavation for the laying of pipe
is made through rock, the pipe shall be laid six (6) inches above
the rock bottom of the trench, and the space under, around and six
(6) inches above the pipe shall be backfilled with clean river sand,
noncorrosive soil or one-fourth (1/4) inch minus gravel. Broken pavement,
large stones and debris shall not be used in the backfill.
[Amended 12-10-1990 by Ord. No. 1471]
A.
The permittee shall restore the surface of all streets broken into or damaged as a result of the excavation work to its original condition in accordance with the Commonwealth of Pennsylvania and the Municipal/Consulting Engineer. All base materials removed as a result of the excavation shall be reconstructed with the same materials and at the original depths, except Class A concrete may be substituted where paving brick is encountered. A minimum of eight inches of concrete shall be required when substituting for brick base. The concrete shall be permitted to cure a minimum of three days prior to permanent restoration of the asphalt wearing surface protection to traffic as outlined in § 232-32. Concrete wearing surface shall be permitted to cure four days prior to restoration of traffic, during which time the permittee shall provide lighted barricades and other traffic safety devices as required by the Municipal/Consulting Engineer. Asphalt wearing surfaces shall be restored to the City's paving details for ID-2 or Superpave to the depths as shown over a properly prepared base material. The asphalt wearing surface shall be a minimum of one-and-one-half-inch thick, well-tamped or rolled into place, properly sealed and properly meeting the elevations of the adjoining pavement. All asphalt materials shall meet the Pennsylvania Department of Transportation specifications for ID-2 (hot mix), Superpave (hot mix), FJ-1 (hot mix) or FB-1 (cold mix). Other asphalt materials are not acceptable except with written permission or the Municipal/Consulting Engineer.
[Amended 8-11-2003 by Ord. No. 1872; 9-14-2015 by Ord. No. 2057]
B.
The resurfacing shall be continuous and from curb
to curb or edge to edge, as may be required.
C.
The permittee shall replace all sidewalks broken into
or damaged as a result of excavation work pursuant to city specifications.
In the event that any sidewalk shall be broken into or damaged within
a distance of one (1) foot from a curb, the curb shall be replaced
unless the permittee is excused from this requirement, in writing,
by the Municipal/Consulting Engineer.
[Amended 9-14-2015 by Ord. No. 2057]
D.
Acceptance or approval of any excavation work by the
Municipal/Consulting Engineer shall not prevent the city from asserting
a claim against the permittee and his or its surety under the surety
bond required hereunder for incomplete or defective work. The Municipal/Consulting
Engineer's presence during the performance of any excavation work
shall not relieve the permittee of its responsibilities hereunder.
[Amended 9-14-2015 by Ord. No. 2057]
[Amended 9-14-2015 by Ord. No. 2057]
If the permittee shall have failed to restore
the surface of the street to its original and proper condition upon
the expiration of the time fixed by such permit or shall otherwise
have failed to complete the excavation work covered by such permit,
the Municipal/Consulting Engineer, if he deems it advisable, shall
have the right to do all work and things necessary to restore the
street and to complete the excavation work. The permittee shall be
liable for the actual cost thereof and twenty-five percent (25%) of
such cost in addition for general overhead and administrative expenses.
The city shall have a cause of action for all fees, expenses and amounts
paid out and due it for such work and shall apply in payment of the
amount due it any funds of the permittee deposited as herein provided,
and the city shall also enforce its rights under the permittee's surety
bond provided pursuant to this Article. It shall be the duty of the
permittee to guarantee and maintain the site of the excavation work
in the same condition it was prior to the excavation.
The length of the trench that may be opened
at any one time shall not be greater than the length of pipe and the
necessary accessories which are available at the site ready to be
put in place. Trenches shall be braced and sheathed according to generally
accepted safety standards for construction work as prescribed by state
and federal regulations. No timber bracing, lagging, sheathing or
other lumber shall be left in any trench.
The permittee shall prosecute with diligence
and expedition all excavation work covered by the excavation permit
and shall promptly complete such work and restore the street to its
original condition or as near as may be as soon as practicable and
in any event not later than the date specified in the excavation permit
therefor.
[Amended 9-14-2015 by Ord. No. 2057]
If, in his judgment, traffic conditions, the
safety or convenience of the traveling public or the public interest
require that the excavation work be performed as emergency work, the
Municipal/Consulting Engineer shall have full power to order, at the
time the permit is granted, that a crew of men and adequate facilities
be employed by the permittee twenty-four (24) hours a day to the end
that such excavation work may be completed as soon as possible.
[Amended 9-14-2015 by Ord. No. 2057]
In the event of an emergency in which a sewer,
main, conduit or utility in or under any street breaks, bursts or
otherwise is in such condition as to immediately endanger the property,
life, health or safety of any individual, the person owning or controlling
such sewer, main, conduit or utility, without first applying for and
obtaining an excavation permit hereunder, shall immediately take proper
emergency measures to cure or remedy the dangerous conditions for
the protection of property, life, health and safety of individuals.
However, such person owning or controlling such facility shall apply
for an excavation permit not later than the end of the next succeeding
day during which the Municipal/Consulting Engineer's office is open
for business and shall not proceed with permanent repairs without
first obtaining an excavation permit hereunder.
[Amended 9-14-2015 by Ord. No. 2057]
Each permittee shall conduct and carry out the
excavation work in such manner as to avoid unnecessary inconvenience
and annoyance to the general public and occupants of neighboring property.
The permittee shall take appropriate measures to reduce to the fullest
extent practicable in the performance of the excavation work noise,
dust and unsightly debris and during the hours between 11:00 p.m.
and 7:00 a.m. shall not use, except with the express written permission
of the Municipal/Consulting Engineer or in case of an emergency as
herein otherwise provided, any tool, appliance or equipment producing
noise of sufficient volume to disturb the sleep or repose of occupants
of the neighboring property.
A.
The Municipal/Consulting Engineer shall give written
notice of the city's intention to pave or repave any street to each
person owning any sewer, main, conduit or other utility in or under
said street or any real property, whether improved or unimproved,
abutting said street. Such notice shall notify such persons that no
excavation permit shall be issued for openings, cuts or excavations
in said street for a period of five (5) years after the paving or
repaving of such street. Such notice shall also notify such persons
that applications for excavation permits or for work to be done prior
to such paving or repaving shall be submitted promptly in order that
the work covered by the excavation permit may be completed not later
than ninety (90) days from the date of said notice. The Municipal/Consulting
Engineer shall also promptly mail copies of such notice to the owners
of all houses, buildings and other structures abutting said street
for their information and to state agencies and city departments or
other persons that may desire to perform excavation work in said city
street. Any requirement to give to the Municipal/Consulting Engineer
prior notice of applying for a street opening permit shall not apply
to street openings made under this section of this Article. Within
said ninety (90) days, every public utility company receiving notice
as prescribed herein shall perform such excavation work, subject to
the provisions of this Article, as may be necessary to install or
repair sewers, mains, conduits or other utility installations. In
the event that any owner of real property abutting said street shall
fail within said ninety (90) days to perform such excavation work
as may be required to install or repair utility service lines or service
connections to the property lines, any and all rights of such owner
or his successors in interest to make openings, cuts or excavations
in said street shall be forfeited for a period of five (5) years from
the date of such notice. During said five-year period, no excavation
permit shall be issued to open, cut or excavate in said street unless
in the judgment of the Municipal/Consulting Engineer an emergency
as described in this Article exists which makes it absolutely essential
that the excavation permit be used.
[Amended 9-14-2015 by Ord. No. 2057]
B.
Every city department or official charged with responsibility
for any work that may necessitate any opening, cut or excavation in
said street is directed to take appropriate measures to perform such
excavation work within said ninety-day period so as to avoid the necessity
for making any openings, cuts or excavations in the new pavement in
said city street during said five-year period.
[Amended 9-14-2015 by Ord. No. 2057]
The Municipal/Consulting Engineer shall make
such inspections as are reasonably necessary in the enforcement of
this Article. The Municipal/Consulting Engineer may promulgate and
cause to be enforced such rules and regulations as may be reasonably
necessary to enforce and carry out the intent of this Article, subject
to approval by the Council.
Users of subsurface street space shall maintain
accurate drawings, plans and profiles showing the location and character
of all underground structures, including abandoned installations.
The provisions of this article shall not be
applicable to any excavation work under the direction of competent
City authorities by employees of the City or by any contractor of
the City performing work for and on behalf of the city necessitating
openings or excavations in streets.
All persons operating public utilities in the
City under franchises granted by the City and having the right, either
by general or special permission, to enter upon streets and open and
excavate pavements, sidewalks or disturb the surface thereof by excavation
or other work shall be required to apply for a permit and shall be
required to perform the work and bring it to completion as promptly
as practicable and to that end shall employ an adequate standing force.
Any person operating any such public utility shall comply with all
requirements of this article, including the surety or personal bond
and deposit requirements.
A permittee, prior to the commencement of excavation
work hereunder, shall furnish the Director satisfactory evidence,
in writing, that the permittee has in force and will maintain in force
during the performance of the excavation work and the period of the
excavation permit public liability insurance of not less than $300,000
for any one person and $500,000 for any one accident and property
damage insurance of not less than $50,000, duly issued by an insurance
company authorized to do business in the Commonwealth of Pennsylvania.
This article shall not be construed as imposing
upon the City or any official or employee any liability of responsibility
for damages to any person injured by the performance of any excavation
work for which an excavation permit is issued hereunder, nor shall
the City or any official or employee thereof be deemed to have assumed
any such liability or responsibility by reason of inspections authorized
hereunder, the issuance of any permit or the approval of any excavation
work.
[Amended 12-21-1994 by Ord. No. 1646]
Any person violating any of the provisions of
this article or filing or causing to be filed an application for a
permit or certificate under this article containing false or fraudulent
misstatements shall be sentenced to pay a fine of not more than $600
or be imprisoned for a period not exceeding 90 days, or both such
fine and imprisonment.
