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.
BOROUGH
The Borough of Monaca, Beaver County, Commonwealth of Pennsylvania.
BOROUGH DESIGNEE
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.
EMERGENCY
Any unforeseen circumstance(s) or occurrence(s), the existence
of which constitutes a clear and immediate danger to person(s) or
property(ies).
ENGINEER
The engineer employed as the Borough Engineer or his authorized
representative.
NEW IMPROVED STREET
Any street constructed or resurfaced within five years of
request for street opening.
PERMITTEE
Any person who has been issued a permit and has agreed to
fulfill all the terms of this article.
PERSON
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.
PUBLIC UTILITY COMPANY
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.
TEMPORARILY RESTORE OR RESURFACE
Provisions for maintaining traffic flow over disturbed area
by temporary bridges or by backfilling with specified material to
match existing road grade.
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.
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.
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.