[Adopted 12-28-2016 by Ord. No. 6-2016[1]]
[1]
Editor's Note: This ordinance superseded former Art. I, Openings and Excavations, derived from Ch. XXIII, Part 1B, of the 1964 Code of Ordinances, as amended 4-10-1970 by Ord. No. 8-1970, 3-19-1997 by Ord. No. 2-1997, and 3-16-2011 by Ord. No. 4-2011.
[Amended 9-15-2020 by Ord. No. 8-2020]
It shall hereafter be unlawful for any person, firm, corporation or agent thereof to open any street or public alleyway in the City of Monessen, Westmoreland County, Pennsylvania, for any purpose whatsoever, without first obtaining a permit from the City Clerk. No transfer of a permit shall be allowed. For purposes of this article, the opening of any street or public alleyway shall include the cutting, digging, excavating, grading, removal, boring, tunneling, or other disturbance of the surface or subsurface of any portion of the public right-of-way of such street or public alleyway.
Permits for the opening of any street or alleyway shall only be granted upon compliance with the following express provisions:
A. 
Written application shall be filed for each and every opening and filed by the person, business or agent thereof desiring such permit. The application shall set forth the purpose, extent, size, and location of the opening and the date or dates during which the opening is to be permitted. The application shall be accompanied by a plan or sketch depicting the location, characteristics and dimensions of the proposed opening.
B. 
No permit shall be granted in any case until the applicant shall have executed and delivered to the City a commitment by which the owners of said property for which openings are permitted agree to obligate themselves and indemnify and hold harmless the City, City Engineer or agents of the City for any loss, damage or expense whatsoever in any matter occasioned by or arising from the opening of a street or alleyway done in consequence thereof, or the manner of doing such work, and to further agree to amicable entry of judgment or lien for all damages and costs sustained by reason of breach of such agreement.
C. 
Work for which a permit has been issued shall commence within 30 days after the issuance of the permit therefor. 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 or within any extension of time granted hereunder may be renewed only upon the payment of an additional permit fee as originally required.
A. 
Fees.
(1) 
Each and every applicant shall pay to the City of Monessen the following permit application and inspection fees at the time application is made for a permit to excavate or open any street or alleyway in the City of Monessen. The amount of the fees shall be established from time to time by resolution of the City Council. A copy of the most-current resolution of said fees is available upon request to the City Clerk.
(2) 
No permit shall be granted to any applicant unless such applicant shall have first paid to the City any and all money which may be due to the City for prior openings made or any loss, damage or expense in any manner occasioned by or from the openings of streets or alleyways in the City.
(3) 
Permits that have expired or extended beyond the completion date or permits which may need to be modified due to the scope of work extending beyond the description in the permit application will be subject to the issuance of a supplemental permit, including new or modified permit fees.
B. 
Deposit or bond. In addition to permitting fees, each and every applicant shall place a cash deposit to ensure proper restoration. Said cash deposit shall be determined by the City Engineer to be reasonable under the circumstances, but in no case shall be less than $200. In lieu of a cash deposit, a minimum continuing bond in an amount to be determined by the City Engineer to be reasonable under the circumstances, but no case less than $1,000, will be accepted.
The deposit paid or, in lieu thereof, the bond filed will be returned to the person, firm, corporation or agent thereof one year after the deposit is paid, provided that the street opening and the work thereon is first approved by the City Engineer.
A. 
It shall be unlawful to make any such excavation or tunnel in any way contrary to or at variance with the terms of the permit issued therefor. Proper bracing shall be maintained to prevent the collapse of adjoining ground. No excavation shall have any area below the surface which extends beyond the opening at the surface.
(1) 
No injury shall be done to any pipes, cable or conduits in the making of such excavations or tunnels. Before any pipe, cable or conduit is disturbed by the making of an excavation or tunnel, the permittee shall give notice to the persons maintaining any such pipes, cables or conduits, or to the City department or officer charged with the care thereof, that pipes, cables and conduits may be endangered or affected.
(2) 
No unnecessary damage or injury shall be done to any tree or shrub or the roots thereof.
B. 
Breaking through pavement.
(1) 
Heavy-duty breakers must be approved by the Superintendent of the Department of Streets when the use endangers existing substructures or other property or does not meet the trench finish requirements.
(2) 
Saw-cutting of Portland cement concrete may be required when the nature of the work or the condition of the street warrants. If required, the depth of the cut shall be not less than one inch in depth; however, the Superintendent of the Department of Streets may approve cuts deeper than one inch when circumstances warrant. Saw-cutting may be required by the Superintendent of the Department of Streets outside the limits of the excavation over cave-outs, overbreaks and small floating sections.
(3) 
Approved cutting of bituminous pavement surface ahead of excavations may be required by the Superintendent of the Department of Streets to confine pavement damage to the limits of the trench.
(4) 
Sections of sidewalks shall be removed to the nearest score line or joint.
(5) 
Unstable pavement shall be removed over cave-outs and overbreaks, and the subgrade shall be treated as the main trench.
(6) 
Pavement edges shall be trimmed to a vertical edge and neatly aligned with the center line of the trench. The width of the trench prior to pavement replacement shall be consistent the entire length of cut. The trimmed edges shall not vary by more than three inches for every 10 linear feet of cut. An approved tack material shall be applied to all edges of existing pavements to ensure the new patch has a watertight bond with the old pavement. All joints must be sealed with asphalt cement, Class PG 64-22.
(7) 
Cutouts outside of the trench lines must be normal or parallel to the trench line.
(8) 
Boring or other methods to prevent cutting of new pavement may be required by the Superintendent of the Department of Streets.
(9) 
During the making of any excavation in any street, every necessary and reasonable precaution shall be taken by the applicant and the parties making the same to keep the street in a safe and passable condition both day and night, by guards, barriers, lanterns, and other devices.
(10) 
The applicant shall notify the City Clerk at least 48 hours prior to when the opening or excavation is ready for backfilling. The City Clerk shall thereupon immediately notify the Superintendent of the Department of Streets, who shall at once undertake his inspection duties hereunder.
(11) 
In the event that any work performed by or for a permit holder shall, in the opinion of the Superintendent of the Department of Streets, be unsatisfactory, and the same is not corrected in accordance with his/her instructions within the time frame fixed by him/her; or in the event that work for which the permit was granted is not completed within 60 days, under all circumstances, after the date set for completion in the permit application, the City may proceed to correct such unsatisfactory work or complete any such work not completed and charge the cost thereof, plus 20%, to the applicant.
A. 
Refilling of temporary surfacing. All openings shall be refilled and temporarily resurfaced on or before the time fixed in the permit according to the following methods:
(1) 
The work is to be done by cutting and removing a section of the improved roadway and/or alleyway with straight saw-cut edges.
(2) 
Upon notice to the City Engineer, and under his/her inspection, the permittee shall immediately, after completing the work, refill, properly tamp (in four-inch lifts) and restore the excavation or opening with temporary paving cover that is flush with the surface of the adjoining paving and in accordance with the City's specifications. The permittee shall use 4.5 inches of approved bituminous temporary patch material (cold patch) or bituminous concrete base course in paved cartways.
(3) 
The temporary paving cover shall be left in place, free of depressions, and maintained by the applicant for a minimum of 60 days and a maximum of 90 days, after which the temporary paving cover required shall be removed and replaced with the final paving in accordance with the City details.
B. 
Required resurfacing.
(1) 
Compliance and limitations:
(a) 
Final paving is to comply with the most-current specifications of the Pennsylvania Department of Transportation (PennDOT), which are hereby adopted as specifications of the City of Monessen for restoration of surfaces of streets in the City. The surface shall conform to the proper grade and be of the same surface covering as the part of the thoroughfare immediately adjoining the opening.
(b) 
No bituminous paving mixtures shall be placed from November 1 to March 31, unless approved by the Superintendent of the Department of Streets.
(c) 
No bituminous paving mixtures shall be placed when surfaces are wet or when the air or surface temperature is 40° F. or lower.
(d) 
If the permittee opens pavement having a bituminous concrete surface and the City's wearing course is less than five years old, the permittee shall, in addition to the restoration conditions outlined in the permit and in this section, overlay the pavement in accordance with the following conditions:
[1] 
The permittee shall overlay the traffic lanes in which the opening was made, for the entire length of highway that was opened, in a manner authorized by the City:
[a] 
When a longitudinal opening longer than 100 linear feet has been made in the pavement.
[b] 
When two or more transverse openings have been made within 100 linear feet of pavement.
[c] 
When four or more emergency openings have been made by the same permittee within 100 linear feet of pavement.
[2] 
If disturbed lanes adjacent to the undisturbed lanes are overlayed, the edge of the disturbed lane shall be saw-cut or milled to a depth of 1 1/2 inches or the depth of the existing surface course, whichever is less, for the length of the opening to ensure a smooth joint, with proper elevation and cross section. A full-width overlay may be authorized on various streets instead of saw-cutting or milling the disturbed lane.
[3] 
If disturbed lanes adjacent to shoulders are overlayed, the shoulder shall be raised, with material and in a manner authorized by the City for this type of existing shoulder, so that the overlaid pavement and shoulder edges are at the same elevation.
[4] 
Where an excavation must be performed within five years of the installation of the wearing course, the City may require the permittee to cold-plane and re-lay the full width of the road, curb to curb. If that repair overlaps the edge of a repair from a previous opening, the City may require the applicant to re-lay the full width of the road, curb to curb. The City may require excavations that are performed during the first five years after the placement of the wearing course to be treated with infrared process or other approved methods, such as, but not limited to, cold-planing and paving with a paving machine.
(e) 
Regardless of the age of the wearing course:
[1] 
If more than 100 linear feet of longitudinal or transverse openings, or both, are made in the pavement, the City may require the permittee to overlay traffic lanes in which the openings were made, for the entire length of the highway that was opened, if the City Engineer determines that the rideability or structural integrity of the pavement has been impaired by the openings.
[2] 
If three or more openings are made, regardless of the permittee who did the work, within 100 linear feet of pavement, the Superintendent of the Department of Streets may require the permittee to restore the entire disturbed pavement between the openings by milling, planing or other authorized method and overlaying the entire disturbed pavement.
[3] 
The joint of a bituminous concrete pavement patch for a street excavation shall not fall within the wheel path of a vehicular travel lane. In such cases, the excavation shall be enlarged to the center of the lane or adjacent lane.
[4] 
The maximum length of open trench in an excavation permissible at any time shall be 200 feet. No greater length is to be opened for pavement removal, excavation, construction, backfilling, repairing or any other operation without the express written permission of the Superintendent of the Department of Streets.
[5] 
Replacement of Portland cement concrete pavement shall be with an approved Portland cement concrete mixture and with reinforcement, thickness and contraction joints equal to that which was removed during excavation.
(f) 
If an opening is made in a bituminous concrete pavement or curb within three feet from the edge of pavement or other longitudinal joint or opening, the surface restoration shall be extended from curb to curb.
(g) 
If the permittee opens any street or public alleyway with a brick surface, the brick surface shall be restored after excavation and underlying work has been completed. To the extent possible, the existing brick shall be removed, secured and preserved in a manner to maximize its reuse. The excavation of bricks shall generally be performed by hand with prybar tools to avoid damage, stacked on wooden pallets, wrapped, and delivered to the City Garage, or other area designated by the City, for storage until reinstallation. All brick damaged by the contractor shall be replaced in kind at the contractor's cost. The replacement aggregate base shall be compacted over a woven geotextile. The bricks shall be placed on a one-inch-thick sand layer consisting of 100% passing a 3/8 sieve, but not more than 3% passing a No. 200 sieve. The bricks shall be compacted into place with a vibrating plate compactor. The contractor shall be responsible for the brick replacement for a twenty-four-month period for damages relating to poor compaction and/or brick placement.
(2) 
Permanent restoration.
(a) 
The permittee is responsible for full restoration of the roadway surface or sidewalk, including restriping, installation of raised pavement markings, speed bumps and signage, etc.
(b) 
No permittee shall commence permanent restoration on any street foundation or surface until a minimum of 60 days after completion of the excavation, or as directed by the Superintendent of the Department of Streets.
(c) 
The street surface shall be permanently restored as to extend 12 inches beyond the excavation on all sides. The permanent restoration shall consist of a minimum of eight inches of 2A subbase, three inches of 25 mm SUPERPAVE™ bituminous concrete base course, and 1.5 inches of 9.5 mm SUPERPAVE™ wearing course applied with appropriate tack coat to adjacent pavement surface or a pavement cross section consistent with the existing pavement section.
(d) 
At the discretion of the Superintendent of the Department of Streets, the surface restoration shall extend the whole width of the travel lane.
(e) 
If at any time more than 10% of the square area of any fifty-foot length of travel lane(s) in the City of Monessen is opened, that whole fifty-foot length of road, from curb to edge of travel lane(s), shall be milled and resurfaced to the City's specifications.
(f) 
For road openings down the center of the cartway, surface restoration shall extend across the full width of the paved road, curb to curb.
(g) 
Any openings in sidewalks shall be made with straight saw-cut edges. All concrete slabs affected by the opening must be removed and replaced, joint to joint, and in accordance with the details.
(h) 
A minimum of 48 hours' notice to the City Engineer and the Superintendent of the Department of Streets shall be given prior to the commencement of work, except in cases of emergency.
(i) 
Five working days' notice is required for openings that require traffic detours.
(j) 
If, within two years after the restoration of the surface as herein provided, defects shall appear therein resulting from defective backfilling by the applicant, the applicant shall reimburse the City for the cost of all necessary repairs to the permanent paving or repair the patch.
A. 
If it is sought to excavate upon or open a sewer within five years after the completion of paving on a City street, the applicant shall make written application to the City Council, and a permit for such opening shall be issued only after express approval of the City Council, except in cases of emergency.
B. 
In the event that the newly paved or resurfaced street is dedicated to the City, the five-year period shall be deemed to being on the date of acceptance.
C. 
The new street surface shall be permanently restored as to extend 25 feet beyond the furthest point of disturbance within the lane(s) of travel and shall extend for at least 1/2 of the width of the street. This street opening area of final restoration shall be milled and replaced with 1.5 inches of 9.5 mm SUPERPAVE™ wearing course.
D. 
All final restorations shall have saw-cut edges to the limits of milling.
E. 
Prior to the installation of the final wearing course, all vertical edges shall be tack-coated with asphalt cement Class PG 64-22 and in accordance with PennDOT Specifications, Publication 408.
F. 
Final paving is to comply with the most-current specifications of PennDOT, which are hereby adopted as specifications of the City for restoration of surfaces and streets in the City of Monessen. The surface shall conform to the proper grade and be of the same surface covering as the part of the thoroughfare immediately adjoining the opening.
A. 
All street openings shall be properly protected in regard to public safety, in re: traffic, pedestrian use and any other attractive nuisance or danger that a street opening or sidewalk may cause.
B. 
The street opening itself shall be performed in a normal, customary manner in the industry, and the backfilling of 2A subbase material in said opening shall be made in four-inch lifts compacted with a tamper to ensure the proper compaction of the soil and to eliminate subsidence of the street at a later time. Tamping with the bucket of a backhoe is prohibited.
C. 
All work shall conform to the construction standards herein.
D. 
Unless the street opening is backfilled the same day, all dirt or other debris removed from the opening shall be hauled away. In no case shall any excavated material remain on site beyond that day's work period. New material to be used as backfill shall be material suitable for compaction as described above.
E. 
Work shall comply with PennDOT Specifications, Form 408, for all work not specified herein.
F. 
Where any City street, including the paved area, gutters, utilities and the right-of-way, is hereafter damaged in any manner whatsoever, the person or persons directly responsible for the damage, a subcontractor and/or general contractor for the person or his supervisors, or with whom they have contacted, shall be jointly liable for any and all damage to the City street and shall repair the damage within 90 days of any written demand by the City. All repairs shall meet City standards and shall be subject to City inspections. The liability of the utility company/contractor, if any, shall be determined by the City Engineer and/or the Superintendent of the Department of Streets.
A. 
The provisions of this section shall not apply to any excavation or street opening required or made in connection with the 2010 Grand Boulevard sanitary sewer interceptor replacement project.
B. 
The provisions of this section shall not apply to the installation or repair of stormwater catch basins.
C. 
On a street scheduled for major reconstruction, the City may waive the street opening fees for utilities or contractors performing work in these areas until the base pavement has been installed.
D. 
On a street where the City has installed a new sanitary sewer, storm drain or water main, and the pavement on such streets in poor condition, the City may waive up to 100% of the total street opening fees to the applicant.
E. 
The City shall charge no street opening fee for utility pole installation in a grassy area so long as the excavated area is cleaned up and restored as close to its original condition as possible. If not, the City will impose a minimum fee for cleanup and restoration.
F. 
The City shall waive street opening fees for work done under contract to the City, the Commonwealth of Pennsylvania, or the United States of America.
G. 
Emergency permits. In the event of an emergency, the excavator may complete the work without obtaining a street opening permit. However, a permit must be obtained after the emergency situation is corrected.
All work done under the authority of any permit shall be supervised and inspected by the Superintendent of the Department of Streets or the City Engineer. Such supervision and inspection shall be done at the sole expense of the applicant. The Superintendent of the Department of Streets and/or the City Engineer shall have the right to inspect and supervise all work done under street opening permits and shall see that all the terms and provision of this article are enforced. The Superintendent of the Department of Streets and/or the City Solicitor shall have the power to prosecute every person, firm, or corporation violating any of the provisions contained herein.
A. 
Any person, firm, or corporation failing to comply with any provision of this article, after having been notified to comply therewith, shall, upon conviction thereof in a summary proceeding before the Magisterial District Judge having jurisdiction for such offense, be sentenced to pay a fine not less than $250 nor more than $1,000 for a first offense, or a fine of not less than $500 nor more than $1,000 for a second or subsequent offense. No excavation or street permit shall be issued, and the privilege to excavate shall be revoked, until any fine imposed has been paid. Upon conviction of an excavator of a second offense for violation of this article, the City may revoke the excavator's excavation and street opening privileges for up to six months.
B. 
Any permit may be revoked by the Superintendent of the Department of Streets, after notice to the permittee, for:
(1) 
Violation of any condition of the permit or provision of this article;
(2) 
Violation of any provision of any other applicable ordinance or law relating to the work;
(3) 
Existence of any condition or the doing of any act constituting or creating a nuisance or endangering lives or properties of others.
A. 
Any public utility desiring to install new service lines in any public street or right-of-way must file in the office of the City Engineer a plan layout showing the location of said lines before construction has begun.
B. 
Penalty for beginning construction of utility lines without filing plans. Upon conviction thereof in a summary proceeding before any Magisterial District Judge having jurisdiction of such offense, any person violating any of the provisions of this section shall be sentenced to pay a fine of not more than $300 or to undergo imprisonment not exceeding 90 days, or both.
If any sentence, clause, section, or part of this article is for any reason found to be unconstitutional, illegal, or invalid, such unconstitutionality, illegality, or invalidity shall not affect or impair any of the remaining provisions, sentences, clauses, sections or parts of this article. It is hereby declared as the intent of the City of Monessen that this article would have been adopted had such section or part thereof not been included therein.
All ordinances or parts of ordinances which are inconsistent herewith are hereby repealed to the extent of said conflict.