[Amended 12-18-1995 by Ord. No. 1199; 12-16-1997 by Ord. No. 1216; 6-8-2020 by Ord. No. 1342]
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:
Any unforeseen circumstance or occurrence, the existence
of which constitutes a clear and immediate danger to persons or properties.
The amount of the financial security, in a form acceptable to the Borough Solicitor and in compliance with the requirements of this article, to guarantee faithful performance of the work authorized by a permit granted. The fee shall be equal to the schedule as stated in the fee calculation. Pavement replacement shall be calculated as the future cost to mill and resurface the roadway, curb to curb, 25 feet from each end of the opening. The fee will be established by Borough Council by resolution and revised from time to time. Reference § 149-15.1, Bond requirements.
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.
A.
It shall
be unlawful for any person to make any tunnel, opening or excavation
of any kind in or under the surface of any street without first securing
a permit from the Borough of Canonsburg for each separate undertaking.
B.
Any person
maintaining pipes, lines, or other underground facilities in or under
the surface of any street may proceed with an opening without a permit
when emergency or unforeseen circumstances demand the work to be done
immediately, provided that the permit could not have reasonably and
practically been obtained beforehand. In such cases where emergency
openings are necessary, the Borough shall be notified prior to such
openings by either fax (PA One Call) or telephone. The person shall
thereafter apply for a permit on the first regular business day on
which the office of the Borough of Canonsburg is open for business,
and said permit shall be retroactive to the date when the work was
begun.
No permittee shall perform any of the work authorized by such
permit in any amount greater than that specified in such 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 issuance of the permit. 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 at the end of the period of time which
shall be set out in the permit. If the permittee shall be unable to
complete the work within the specified time, he or she shall, prior
to the expiration of the permit, present, in writing, to the Borough
Manager a request for an extension of time, setting forth therein
the reasons for the requested extension. If the Borough of Canonsburg
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 shall be made and restored under the direction and
supervision of the Borough of Canonsburg. The permit, fee, deposit,
insurance and bond requirements of this article shall not be applicable
to any openings made by Borough-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 Washington; 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 Washington which would otherwise require a permit
under the terms of this article shall notify the Borough Manager 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 during
the continuation of said work.
Every permit shall be granted, subject to the right of the Borough,
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.
A.
Any permit
may be revoked by the Borough of Canonsburg, after written notice
to the permittee for:
(1)
Violation
of any condition of the permit or of any provision of this article.
(2)
Violation
of any other applicable provision of the Borough Code or any other
applicable ordinance, regulation or statute.
(3)
The
existence of any condition or the doing of any act constituting or
creating a nuisance or endangering the life or property of others.
B.
A permittee
shall be granted a period of three days from the date of the notice
to correct the violation and to proceed with the diligent prosecution
of the work authorized by the permit before said permit is revoked.
C.
Written
notice of any such violation or condition shall be served upon the
permittee or his or her agent engaged in the work. The notice shall
contain a brief statement of the reasons for revoking the permit.
Notice may be given either by personal delivery thereof to the person
to be notified or by certified or registered United States mail, addressed
to the person to be notified.
D.
When any
permit has been revoked and the work authorized by the permit has
not been completed, the Borough of Canonsburg shall do or cause to
be done such work as may be necessary to restore the street or part
thereof to as good a condition as before the opening was made. All
expenses incurred by the Borough shall be recovered from the deposit
or bond of the permittee has made or filed with the Borough.
It shall be the duty and responsibility of the applicant to:
A.
Make written
application for such permit with the Borough of Canonsburg on such
form as he or she shall prescribe. No work shall commence until the
Borough Manager 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 duplicate, a plan showing the work to be performed under said permit.
One copy of such plan shall be returned to the applicant at the time
the permit is granted.
C.
Agree
to save the Borough, 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.
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
Manager.
B.
Make a deposit to cover any additional costs borne by the Borough, specifically inspection related to the work authorized by the permit. The amount of such deposit shall be computed by the Borough Manager as provided in § 149-15 of this article. In the case of public utility companies, the Borough may waive the requirement of a deposit if said utility companies file with the Borough their corporate bond in a form satisfactory to the Borough Solicitor, conditioned upon the payment to the Borough 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 shall bill such utility companies monthly for such costs as they accrue.
C.
Pay a
restoration guarantee fee equivalent to the schedule as stated in
the fee calculation. Pavement replacement shall be calculated as surface
area, curb to curb and 25 feet from each end of the utility opening
multiplied by a cost per square foot. Said cost as established by
Borough Council by resolution for future milling and resurfacing by
the Borough.
A.
No opening
or excavation in any street shall extend beyond the center line of
the street before being backfilled and the surface of the street temporarily
restored.
B.
No more
than 100 feet measured longitudinally shall be opened in any street
at any one time, except by special permission of the Borough Manager
of Canonsburg.
C.
All utility
facilities shall be exposed sufficiently or their definite location
shall be determined ahead of trench excavation work to avoid damage
to those facilities and to permit their relocation, if necessary.
D.
Pipe drains,
pipe culverts or other facilities encountered shall be protected by
the permittee.
E.
Any person
whose facilities are damaged or caused to be relocated by the permittee
shall notify the permittee and the Borough of such damage thereafter
may make the necessary repairs or relocation and file a claim against
the permittee with the Borough for the cost of such repairs or relocation.
Public utility companies concerned shall be notified by the Borough
in sufficient time to determine the validity of the damage or relocation
claims. The cost of such repair work or relocation work may be withheld
by the Borough Manager from the deposit pending determination of liability
for the damage.
F.
Monuments
of concrete, iron or other lasting material set for the purpose of
locating or preserving the lines of any street or property subdivision
or a precise survey reference point or a permanent survey bench mark
within the Borough shall not be removed or disturbed or caused to
be removed or disturbed unless permission to do so is first obtained,
in writing, from the Borough. Permission shall be granted only upon
the condition that the permittee shall pay all expenses incident to
the proper replacement of the monument.
G.
When work
performed by the permittee interferes with the established drainage
system of any street, provision shall be made by the permittee to
provide proper drainage.
H.
When any
earth, gravel or other excavated material is caused to flow, roll
or wash upon any street, the permittee shall cause removal of the
same from the street within 8 hours after deposit to permit safe flow
of traffic. In the event that the earth, gravel or other excavated
material so deposited is not removed as specified, the Borough Manager
shall cause such removal, and the cost incurred shall be paid by the
permittee or deducted from his or her deposit.
I.
Every
permittee shall place around the project such barriers, barricades,
lights, warning flags and danger signs as shall be determined by the
Department of Public Works/Borough Manager to be necessary for the
protection of the public. Additional safety requirements may be prescribed
by the Borough Manager and, where applicable, shall be in conformance
with the requirements set forth in 67 Pa. Code § 212.1 et
seq., as amended, dealing with work zone traffic control. Copies of
the publication shall be made available in the office of the Borough
Manager for inspection by the public.
(1)
Whenever
any person fails to provide or maintain the required safety devices,
such devices shall be installed and maintained by the Borough. The
amount of the cost incurred shall be paid by the permittee or deducted
from his or her deposit.
(2)
No
person shall willfully move, remove, injure, destroy or extinguish
any barrier, warning light, sign or notice erected, placed or posted
in accordance with the provisions of this section.
(3)
Access
to private driveways shall be provided except during working hours
when construction operations prohibit provision of access. Free access
must be provided to fire hydrants at all times.
J.
Access
to private driveways shall be provided except during working hours
when construction operations prohibit provision of such access. Written
notification must be provided to the affected property owner and the
Borough five days in advance of work by the contractor.
K.
Excavated
materials shall be laid compactly along the side of the trench and
kept trimmed up so as to cause as little inconvenience as possible
to public travel. In order to expedite the flow of traffic or to abate
dirt or dust nuisance, the Borough Manager may require the permittee
to provide the boards or bins; and if the excavated area is muddy
and causes inconvenience to pedestrians, temporary wooden-plank walks
shall be installed by the permittee as directed by the Borough of
Canonsburg. If the street is not wide enough to hold the excavated
material without using part of the adjacent sidewalk, the permittee
shall keep a passageway at least half of the sidewalk width open along
such sidewalk line.
L.
Work authorized
to be performed by a permittee shall be performed between the hours
of 7:00 a.m. and 7:00 p.m., Monday through Friday, unless the permittee
obtains written consent from the Borough Manager to do the work at
an earlier or later hour. Such permission shall be granted only in
the case of any emergency or in the event that the work authorized
by the permit is to be performed in traffic-congested areas.
M.
In granting
any permit, the Borough may attach such other conditions thereto as
may be reasonably necessary to prevent damage to public or private
property or to prevent the operation from being conducted in a manner
hazardous to life or property or in a manner likely to create a nuisance.
Such conditions may include, but shall not be limited to:
(1)
Limitations
on the period of the year in which the work may be performed.
(2)
Restrictions
as to the size, weight and type of equipment.
(3)
Designation
of routes upon which materials may be transported.
(4)
Designation
of the place and manner of disposal of excavated materials.
(5)
Daily
requirements as to the laying of dust, the cleaning of streets, the
prevention of noise and other results offensive or injurious to the
neighborhood, the general public or any portion thereof.
(6)
Regulations
as to the use of streets in the course of the work.
N.
Hydra-hammer,
headache ball. The use of a mechanical device for the breaking of
pavement, such as a hydra-hammer, headache ball, etc., will be permitted
only under special written permission of the Borough of Canonsburg.
A.
All pavement cuts, openings, and excavations shall be made properly
and backfilled properly by the permittee according to Borough specifications,
including but not limited to the details attached hereto and incorporated
herein at the Appendix 1A to this article.[1] If weather conditions are such as to prevent the completion
of permanent restoration of the street surface at the time backfilling
is completed, the permittee shall install a temporary surface in accordance
with municipal specifications until such time as weather conditions
will permit permanent restoration of the street surface.
[1]
Editor's Note: Appendix 1A is on file in the Borough offices.
B.
The Borough Manager and Department of Public Works shall be notified
by the permittee a minimum of 72 hours in advance of backfilling and
restoration to provide adequate time to schedule an inspection. Such
notice shall provide the approximate time each will begin.
C.
No backfilling or restoration shall be accomplished unless or until
the Department of Public Works is present or permission has been granted
for backfilling or restoration after inspection by the Department
of Public Works.
D.
If the
Borough of Canonsburg finds that paving surfaces adjacent to the street
openings may be damaged where trenches are made parallel to the street
or where a number of cross trenches are laid in proximity to one another
or where the equipment used may cause such damage, it is required
that the permittee correct and return the disturbed area to its predisturbed
condition.
E.
After
excavation is commenced, the work of making and backfilling the same
shall be prosecuted with due diligence. The permittee is required
to complete permanent restoration of the street surface in accordance
with Borough specifications within seven days after repairs and/ or
installation are completed. Furthermore, the permittee shall be required
to install and maintain a temporary surface in accordance with Borough
specification during:
F.
Inspections
of all work authorized by a permit shall be made by the Department
of Public Works and/or the Borough Engineer at such times and in such
manner as required to assure compliance with provisions of this article.
If the nature of the work to be performed under any permit is such
as to require the services of a full-time inspector, the Borough Manager
shall provide for the services of such inspector.
G.
All costs
of inspection shall be borne by the permittee. Such costs shall be
based upon a schedule of charges on file in the offices of the Borough.
H.
If any
settlement in a restored area occurs within a period of two years
from the date of completion of the permanent restoration and the permittee
fails to make such correction after notification, any expense incurred
by the Borough in correcting such settlement shall be paid by the
permittee or recovered from his or her bond, unless the permittee
submits proof, satisfactory to the Borough Manager, that the settlement
was not due to defective backfilling.
I.
In no
case shall any opening made by a permittee be considered in the charge
or care of the Borough or any of its officers or employees, and no
officer or employee of the Borough is authorized in any way to take
or assume any jurisdiction over any such opening, except in the exercise
of the police power when it is necessary to protect life and property.
A.
Computation of deposit. The Borough, upon receipt of a properly completed application, shall determine the amount of the deposit to be made by the permittee in accordance with the schedule of charges established pursuant to Subsection E of this section; provided, however that the minimum deposit required shall not be less than $500. The deposit shall be paid at the time the permit is issued, and the deposit shall be used to reimburse the Borough for the cost of any work and/ or materials furnished by it in connection with work authorized by the permit, to cover the cost of all necessary inspections of said work or any other expenses incurred by the Borough in carrying out the provisions of this article. In the case of a public utility company, the requirement of such deposit may be waived if such public utility company files with the Borough its corporate bond as provided in § 149-12B of this article.
B.
Form of
deposit. The deposit may be either in the form of a certified, treasurer's
or cashier's check. Personal checks will be accepted and permit will
be accepted once the check has cleared.
C.
Insufficient
deposit. If any deposit is less than sufficient to pay all costs,
the permittee shall, upon demand, pay to the Borough an amount equal
to the deficiency. If the permittee fails or refuses to pay such deficiency,
the Borough may institute an action to recover the same in any court
or competent jurisdiction. Until such deficiency is paid in full,
no additional permits shall be issued to such permittee.
D.
Yearly
deposit. Whenever any public utility company shall anticipate applying
for permits for more than one street opening or excavation per calendar
year and does not elect to file a corporate bond as hereinbefore provided,
such public utility company may post one deposit in an amount and
form as hereinbefore provided for that calendar year or part thereof
to cover the cost of deposits which would otherwise be required for
the anticipated permits.
E.
Deposit
and cost schedules. Yearly resolution shall establish a schedule of
charges for inspections, labor, materials and other such expenses
as may be incurred by the Borough in carrying out the provisions of
this article. This schedule shall be established by the Borough Manager
in accordance with the reasonably anticipated costs to be incurred
by the Borough making such inspections, including reasonable administrative
and overhead expenses, and in accordance with the currently prevailing
costs in the area for any labor and materials which may be provided
by the Borough. The Borough Manager shall revise said schedule from
time to time to reflect any increase or decrease in the costs used
to establish said charges. The schedule shall be open to public inspection
in the office of the Borough upon request.
F.
Decision
on costs. The decision of the Borough Manager as to the cost of any
work done or repairs made by him or her under his or her direction,
pursuant to the provisions of this article, shall be final and conclusive
as to such cost, subject to such rights of appeal as may exist by
statute.
G.
Refund
of deposit. Upon notification by the permittee that all work authorized
by the permit has been completed, and after restoration of the opening,
the Borough Manager shall refund to the permittee his or her deposit,
less all cost incurred by the Borough in connection with said permit.
In no event shall the permit fee be refunded.
A.
Performance
bond. Each applicant or permittee, upon receipt of a permit, shall
provide the Borough with financial security, in a form acceptable
to the Borough Solicitor and in compliance with the requirements of
this article, to guarantee faithful performance of the work authorized
by a permit granted pursuant to this article. The amount of the financial
security shall be equivalent to the restoration guarantee schedule
as stated in the fee calculation. The term of the financial security
shall begin upon the date of depositing thereof and shall terminate
upon the receipt by the permittee of a certificate of final inspection
from the Borough Manager. If the permittee anticipates requesting
more than one permit per year, as required by this article, he or
she may furnish a single financial security to guarantee faithful
performance in such amount as the Borough Manager deems necessary.
The amount of such bond shall be in relation to the cost of restoring
pavement cuts to be made by the permittee throughout the year. In
the case of a public utility company, its corporate bond, in a form
satisfactory to the Solicitor, may be accepted in lieu of the corporate
bond surety required by this section and the requirements of this
article.
B.
Maintenance
bond. Each applicant, upon the receipt of a permit, shall provide
the Borough with financial security, in a form acceptable to the Borough
Solicitor and in compliance with the requirements of this article,
to guarantee the maintenance of the work authorized by a permit granted
pursuant to this article, as well as compliance with the street opening
specifications of the Borough and the provisions of this article.
The Borough Manager and or Borough Engineer shall determine the amount
of the bond, and it shall be in relation to the cost of restoring
the pavement cut to be made by the permittee; provided, however, that
the minimum amount of the bond shall not be less than $2,000. The
term of each bond shall begin from the completion date of the permanent
restoration of the opening by the Borough and shall terminate upon
the receipt by the permittee of a certificate of final inspection
from the Borough Manager. If the permittee anticipates requesting
more than one permit a year, he or she may file a single financial
security to guarantee maintenance of the work authorized by a permit
granted under this article, as well as compliance with the specifications
of the Borough and the provisions of this article, in such amount
as the Borough Manager deems necessary. The amount of such bond shall
be in relation to the cost of restoring pavement cuts to be made by
the permittee throughout the year. In the case of a public utility
company, its corporate bond, in a form satisfactory to the Solicitor,
may be accepted in lieu of the corporate surety bond required by this
section and the requirements of this article.
C.
Default
in performance. Whenever the Borough of Canonsburg shall find that
a default has occurred in the performance of any term or condition
of the permit, notice thereof shall be given to the principal and
to the surety on the bond. Such notice shall state the work to be
done, the estimated cost thereof and the period of time deemed by
the Borough of Canonsburg to be reasonably necessary for the completion
of such work.
D.
Completion
of work. After receipt of such notice, the surety must, within the
time therein specified, either cause the required work to be performed
or, failing therein, indemnify the Borough for the cost of doing the
work as set forth in the notice.
Each applicant, upon the receipt of a permit and prior to performing
work under the permit, shall procure and maintain adequate insurance
in an amount of at least $1,000,000 to protect it from claims for
damages because of bodily injury, including death, and from claims
for damages to property which may arise out of or be related to the
performance of work under the permit, whether such performance is
by the applicant or the applicant' s contractor or anyone directly
or indirectly employed by the applicant. Such insurance shall cover
collapse, explosive hazards, underground work and work by equipment
on the street and shall not include protection against liability arising from
completed operations. The specific amount of the insurance shall be
prescribed by the Borough Manager in accordance with the nature of
the risk involved; provided, however, that the liability insurance
for bodily injury and property damage shall be in an amount not less
than $1,000,000 per occurrence and $1,000,000 aggregate. A certificate
of insurance, in the amount required by this section and in a form
acceptable to the Borough Solicitor. shall be filed with the Borough
Manager prior to commencement of work under the permit. This certificate
of insurance shall also state that the Borough shall be given written
notice at least 60 days prior to cancellation of such insurance. The
Borough shall be listed as an additional insured and/or loss payee
on all policies of insurance described in this section. Public utility
companies and authorities may be relieved of the obligation of submitting
such a certificate if they submit satisfactory evidence, in a form
acceptable to the Borough Solicitor, that they are insured in accordance
with the requirements of this section 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.
A.
Whenever
any pipe, conduit, duct, tunnel or other structure located under the
surface of any street is abandoned or the use thereof is abandoned,
the person owing, using, controlling or having an interest therein
shall, within 30 days after such abandonment, file with the Borough
Manager 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
Manager notified thereof in writing.
B.
When
the Borough 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 Borough Manager, their removal is in
the best interest of the Borough. If the owner shall refuse to remove
such abandoned facilities, the Borough shall remove the abandoned
facilities and the owner shall reimburse the Borough for such removal.
A.
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
of Canonsburg 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 Manager shall notify the affected property
owners and/or tenants of the proposed work to be done.
B.
If the
work to be undertaken by a permittee will affect other subsurface
installation(s) in the vicinity of the proposed opening, the contractor
shall notify the owner(s) of such facilities of the proposed work.
The Borough Manager shall notify, in writing, Borough police
and fire authorities of all street opening permits he or she 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 each project.
A.
Any person,
firm or corporation who violates a provision of this article or who
fails to comply therewith or with any of the requirements thereof
shall be, upon conviction thereof, sentenced to pay a fine up to $1,000
for each violation, plus costs, and, in default of payment of said
fine and costs, to imprisonment to the extent permitted by law for
the punishment of summary offenses.
B.
A separate
offense shall arise for each day or portion thereof in which a violation
is found to exist or for each section of this article found to have
been violated. All fines and penalties for the violation of this article
shall be paid to the Borough Treasurer.
C.
The Borough
may also commence appropriate actions in equity, at law or other to
prevent, restrain, correct, enjoin, or abate violations of this article.
If any portion of this article is declared by any court of competent
jurisdiction to be invalid, it is the intention of the Borough Council
of the Borough of Canonsburg that all other parts remain in effect.
It is the intention of the Borough Council of the Borough of
Canonsburg that all ordinances that are in conflict with this article
are hereby repealed. Further, any ordinance not specifically mentioned
in this article that is not in conflict with this article shall remain
in full force and effect.
