The following words and phrases, when used in
this article shall have the meanings as ascribed to them in this section,
except on those instances where the context clearly indicated otherwise:
Any person whom makes application for a permit.
The Borough of Trafford, Pennsylvania.
January 1 through December 31, inclusive.
Soil cement, plain cement concrete or reinforced cement concrete
and material contained in the base course of some borough streets.
Any governmental corporation initiated by Borough Council
under the Municipal Authorities Act of 1945.
Actual expenditures incurred by the borough for labor, equipment,
and materials which include all fringe benefits and overhead.
A fee paid by the permittee to the borough to defray a percentage
of the costs for resurfacing and reconstructing borough streets resulting
from the depreciation of streets associated with street openings.
The public works department of the Borough of Trafford.
Any condition constituting a clear or present danger to life
or property by reason of escaping gas, exposed wires, or other breaks
or defects in the user's line.
A fee paid by the permittee to the borough to defray street
opening inspection costs.
A fee paid by the permittee to the borough to cover the costs
of issuing, processing and filing the street opening permit.
Any person who has been issued a permit and has agreed to
fulfill all of the provisions of this article.
Any natural person, partnership, firm, associations, utilities
or corporation.
Any utility company, excluding corporate authorities of the
borough.
A process which provides a new wearing surface in a certain
paved street area, with the same material that was existing prior
to excavation.
The portion of the street right-of-way reserved for sidewalks.
The entire right-of-way of a public street, public highway,
public alley, public avenue, public road or public easement within
the borough limits, including the designated curb and sidewalk are,
including cartway, sidewalk, gutter and/or the right-of-way area,
whether or not such street or any part thereof is owned in fee by
others than the borough.
The public utility, municipality corporation, municipal authority,
or any other person who, or which uses a line to provide service to
one or more customers.
Normal business hours for borough government including Monday
through Friday, except designated holidays.
A.
The opening of the surface of any street within the
borough other than by the corporate authorities of the borough is
hereby prohibited, unless a permit is obtained for that purpose in
the manner hereinafter described. Such permit shall be granted by
the Borough Code Enforcement Officer when the person applying for
such permit files an application with the Borough Code Enforcement
Officer in compliance with provisions of this article, and pays the
fee hereinafter stated. Provided, however, that nothing herein contained
shall be constructed to permit the issuing of a permit for the making
of a tunnel under any street within the borough.
B.
If street opening are necessitated by emergencies,
street opening permits shall be obtained on the first regular business
day on which the borough office is open for business and such permit
shall be retroactive to the date when the work was begun.
C.
A person performing street openings for an emergency
shall verify the emergency nature of the circumstance in writing to
the Borough Council within five days after such an emergency on the
street opening application.
[Amended 7-11-2000 by Ord. No. 675]
Permits for the opening of any street shall
only be granted upon compliance with the following express provisions:
A.
A written application shall be filed for each and
every opening and signed by the person desiring such permit from the
Code Enforcement Officer, which shall be granted upon depositing with
the borough the amount as set forth from time to time by resolution
of the Borough Council. The application shall set forth the purpose
of the opening, extent, size, location of same, date or dates and
time such opening is to be permitted, and the date and time such opening
shall be refilled and temporarily resurfaced in the manner hereinafter
provided and shall provide that the applicant shall faithfully comply
with every provision of this article. All applications shall be accompanied
by a plan or sketch showing the exact location, character and dimensions
of the proposed opening for the installation of new work or the location
of the alteration involving changes in the location of pipes, conduct,
wires or structures incidental thereto.
B.
Prior to the issuing of such permit, every applicant
shall pay the borough the amount hereinafter required and for the
purposes provided. No permit shall be granted to any applicant unless
the applicant has paid all moneys then due the borough for prior excavations
made or for any loss, damages or expenses in any manner occasioned
by or arising from the work done by the applicant under the provisions
of this article.
C.
No permits shall be granted in any case until the
applicant shall have executed and delivered to the borough a bond
in the amount hereinafter fixed, with good surety shall be either
an approved surety or trust company or an individual who shall be
the owner of real estate in Westmoreland County and/or Allegheny County,
reasonable worth over and above all debts and encumbrances at least
double the amount of such bond. The amount of the bond shall be viz:
$1,000 for each opening, $10,000 for an indefinite number of openings
and bond shall be given up to the condition that the principal will
indemnify and save harmless the borough from any loss, damage or expense
whatsoever, in any manner occasioned by or arising from the opening
of any street or work done in consequence thereof or the manner of
doing such work; and the bond shall remain in force for a period of
24 months after the permanent resurfacing of each opening.
An applicant shall file a properly executed
certificate of insurance with the borough and verify that the applicant
is insured against claims for personal injury as well as against claims
for property damaged which may arise from or out of the performance
of the excavation work, whether such performance be by the applicant
or by anyone directly or indirectly employed by such. Such insurance
shall include protection against a liability arising from completed
operations, underground utility damage and collapse of any property.
Liability insurance for bodily injury shall be in an amount not less
than $300,000 for each accident and for property damages an amount
not less than $100,000. Failure of an applicant to file a certificate
if insurance shall be sufficient reason for denying said permit. The
applicant shall save harmless the borough from any and all damages
and liability by reason of personal injury or property damage arising
from work done by the applicant under the provisions of this article.
A.
A permit fee, inspection fee and degradation fee for
borough streets shall be paid to the borough prior to the issuance
of the permit. The borough shall have the right to waive fees for
contractors performing work under contract with the borough.
B.
The minimum charge for a permit for a street opening
1/3 yards or less shall be set forth from time to time by resolution
of the Borough Council. The charge for a permit for a street opening
of more than 1/3 square yards shall be the sum of the minimum charge
for a 1/3 square yard or less and an additional amount a fee as set
forth from time to time by resolution of the Borough Council for each
additions square yard or portion thereof.
[Amended 10-20-1998 by Ord. No. 667]
C.
The degradation fee will be as follows:
[Amended 10-20-1998 by Ord. No. 667]
(1)
The rate of fee is in dollars per square yard of streets
constructed, reconstructed or resurfaced within the following number
of years prior to the issue date of the permit and shall be as set
forth from time to time by resolution of Borough Council.
(2)
The number of square yards in the computation of fees
will be based on the next highest whole square yard figure. Minimum
fee will be equal to the rate for one square yard.
|
(Example) Degradation fee for streets 3 years
old; 10 square yards
| |
|
10 S.Y. @ $10.00/S.Y. = $100.00
|
D.
Where permission is granted to make an opening or
openings within the lines of a sidewalk, whether improved or unimproved,
or upon the dirt roadway of any street, the applicant shall pay the
borough a fee as set forth from time to time by resolution of the
Borough Council for an opening of 10 lineal feet or less for the purpose
of paying for the cost of issuing such permit and the necessary inspection,
and an additional charge for each addition lineal foot over ten. The
applicant shall restore the sidewalk or dirt roadway to its original
condition and see that the same is in a safe and proper condition.
[Amended 10-20-1998 by Ord. No. 667]
E.
All future changes in the amount charged by the borough
for street excavation permit fees, and related bonds may be established
upon motion of Council rather than by ordinance or resolution.
All openings shall be refilled and resurfaced
on or before the time specified in the permit according to the following
methods:
A.
The work is to be done by cutting and removing a section
of the improved roadway.
B.
The trench shall be backfilled in accordance with
the specifications regulating street excavations within the Borough
of Trafford and the paved road and rigid pavement restoration specifications
prepared by Neilan Engineers, Inc., dated 1997. Said specifications
are appended to this article and incorporated herein by reference.
At all times all proposed street excavation
and related work, the actual street excavation and related work, and
the completed street excavation and related work, including but not
limited to restoration, shall be subject to inspection and approval
by the Public Works Foreman and/or the Borough Engineer's designated
agent.
[Amended 7-11-2000 by Ord. No. 675]
A street opening permit shall be obtained for
any test hole work from the Code Enforcement Officer, which shall
be granted upon depositing with the borough the amount as set forth
from time to time by resolution of the Borough Council. No test holes
shall be made in or upon a grated surface of the highway than as specified
in such permit, and no excavation may interfere with any water pipes,
sewers or drains of the borough or any other underground utility service.
Test holes shall be promptly backfilled in accordance with provisions
set by the borough.
It is the responsibility of each and every contractor
to register the proposed excavation by registering with the Pennsylvania
One Call System.
A.
All gutters shall be left open so as not to obstruct
the free passage of water, and the sidewalks and footways must be
kept in a safe and passable condition. All excavations or material
from them shall have places on them sufficient lights and barricades
to identify them from all directions during the day and after dark.
B.
If for safety purposes, the Department deems it necessary
to install additional warning devices such as lights, barricades or
signs, the permittee shall be notified of the decision and shall receive
instruction on the installation. In case of emergencies, the borough
may install all additional warning devices deemed necessary by the
Department. Should circumstances warrant additional public safety
measures, the borough, in its discretion, may call out traffic control
personnel, such as a flag person and police, to direct traffic flow
in the vicinity of the excavation site. The borough shall invoice
from the date of installation and/or placement until the permittee
installs warning devices.
C.
If the permittee fails to install such devices, the
borough shall invoice the permittee for rentals, installation and
personnel costs incurred from the date of installation and/or placement
until the date of removal. Payment not made by the permittee within
30 days of the invoice date will be chargeable against the posted
bond including all fees and costs involved in the collection of this
payment.
In no case shall a permittee open or remove
a greater area of street surface than specified in the original application.
The permittee shall not open any street area at any location not specified
in the original application. If the permittee determined during construction
that an additional area of the street will have to be opened, he shall
notify and secure permission from the department for the additional
opening. Upon receipt of permission, the permittee shall file a supplementary
application for the work no later than the next work day. Fee amounts
as specified in this article shall be followed for any subsequent
fees associated with the supplementary applications.
The permittee shall guarantee and maintain his
work for a period of 24 months from the completion of the restoration
and replacement work. Within this twenty-four-month period upon notification
from the borough of necessary correction work required, the permittee
shall correct or cause to be corrected all restoration work required
within five working days of receipt of the notification. The Department
shall determine the extent of the restoration required and method
of correction. Any and all work not completed within this five-day
period may be completed by the borough at the discretion of the borough.
The borough shall invoice the permittee for all costs incurred by
the borough in the performance of this work. Payment not made within
30 days of the invoice date will be chargeable against the posted
bond including all fee invoices in the collection of this payment,
plus a penalty of 20% of the unpaid amount.
The borough, with the assistance of the Borough
Engineer, shall have the right from time to time to promulgate and
issue specifications and regulations covering the work provided for
in this article. The regulations appended to this article are incorporated
herein by reference.
Any person violating any provision of this article
shall be subject to a fine not less than $100 or more than $300 for
each and every offense together with costs and in default of the payment
of the fine or penalty imposed. Each failure to obtain a permit to
comply with any requirements of this article and each and every day
during which such violation shall continue shall constitute a separate
offense.
