[Ord. 1837, 6/27/1994, § 101]
The following words, when used herein, shall have the meanings
ascribed to them in this Section, except in those instances where
the context clearly indicates otherwise:
APPLICANT
Any person, as defined herein, who makes application for
a permit.
DEGRADATION FEE
A fee charged for the premature excavation/opening of a road
that has been constructed or resurfaced within seven years.
[Added by Ord. 1970, 7/24/2014]
EMERGENCY
Any unforeseen circumstance which calls for immediate action.
ENGINEER
The Township Engineer of the Township of Harrison, Allegheny
County, or his authorized representative or inspector.
PERMIT
The approval issued to an applicant to perform any work covered
by the terms and conditions of this Part.
PERMITTEE
Any person who has been issued a permit and has thereby agreed
to comply with all the terms and conditions of this Part.
PERSON
Includes any natural person, partnership, firm, association,
corporation, municipal authority or any other governmental entity.
ROADWAY
Any public street, highway, road, easement, right-of-way
or alley within the Township of Harrison, Allegheny County, including
that portion of any right-of-way which is improved with curbs and/or
sidewalks.
SUPERINTENDENT
The Township Superintendent of Public Works, or his designee.
TOWNSHIP
The Township of Harrison, Allegheny County.
WORK
Any and all activities of any kind or nature conducted by
a permittee, his agents, servants, employees, contractors and subcontractors,
which involves, to any extent, any roadway of the Township of Harrison,
Allegheny County.
[Ord. 1837, 6/27/1994, § 102]
1. Permit Required. No person shall make any tunnel, opening or excavation
of any kind in, on or under the surface of any roadway, except for
the erection of public utility poles, without first securing a permit
from the Township for each separate undertaking. Any person maintaining
pipes, lines or underground conduits, in or under the surface of any
roadway by virtue of any statute, ordinance or franchise may, however,
proceed with an excavation or opening without a permit when emergency
circumstances demand that the work be done immediately for the preservation
of the public health, safety or welfare and, provided further, that
a permit could not reasonably and practically have been obtained beforehand.
Such person shall, thereafter, file an application for a permit, in
accordance with the requirements of this Part, on the first business
day of the Township, which permit shall be retroactive to the date
on which the work was begun.
2. Limitation. No permittee shall perform any work beyond that originally
authorized by his permit to an extent greater than 10% in excess of
that specified in the permit, unless such excess work is approved,
in advance, by either the Superintendent or Engineer and the Township
is paid any additional fees occasioned thereby. Upon completion of
any additional work which is not covered by the original permit, the
permittee shall file a revised application with the Township reflecting
the scope of same.
3. All bonds posted in connection with issuance of the permit shall
be deemed to cover all work which is covered by any permit issued
pursuant to this Section.
4. The provisions of this Section shall not apply to emergency excavations
of any exploratory nature made in order to determine the location
of underground facilities; however, the person doing the work shall,
on the first day on which the office of the Township is open for business
following completion of the excavation, file an application for a
permit in accordance with the requirements of this Part, which permit
shall be retroactive to the date the excavation was begun.
5. Commencement of Work. The work for which a permit is issued shall
be commenced within 60 days from the date of its issuance. If the
work is not commenced by that date, the permit shall automatically
be considered as revoked and, thereafter, a new permit for the work
will only be issued upon payment of a new permit fee and the renewal
of all necessary bonds. The permittee shall notify either the Superintendent
or Engineer, at least 24 hours in advance, as to the date and time
when the work will be commenced.
6. Nontransferable. A permit is not transferable by the permittee to
any other person.
7. Expiration. A permit shall terminate at the end of the period of
the time specified in the permit or upon completion of the work, whichever
occurs first. If the permittee is unable to complete the work within
the time specified in the permit, he shall, prior to its termination,
request an extension of time from either the Superintendent or Engineer,
in writing, the Superintendent or Engineer to be provided with the
reason for the requested extension. If the Superintendent or Engineer
determines that an extension is necessary, he may grant the permittee
such additional time as he deems appropriate for completion of the
work.
8. Right to Use Roadway. All permits shall be issued subject to the
rights of the Township and the public to use any roadway which is
the subject of the permit, for all purposes for which such roadway
may lawfully be used.
9. Revocation. A permit may be revoked by the Superintendent or Engineer,
after written notice to the permittee, as the result of any one of
the following:
A. A violation of any condition of the permit.
B. A violation of any provision of this Part or any other applicable
statute, ordinance or regulation relating to the work.
C. The existence of any condition or the doing of any act by the permittee
which constitutes or creates a nuisance or which endangers the safety
or property of the public.
D. Written notice of the revocation shall be served upon the permittee
or his agent. The notice shall contain a brief statement of the reason
for the revocation and it shall be effective if delivered either by
personal delivery to the permittee, or his agent, or by mailing same
to the permittee at the address on the application, by placing same
in the United States Postal Service, certified mail, return receipt
requested.
10. Opening of Newly Paved Surfaces.
[Added by Ord. 1970, 7/24/2014]
A. No permit shall be issued for opening of a street for five years
after it is paved, except in case of emergency. An emergency shall
include those circumstances within the definition of "emergency" in
§ 101 and such other circumstances, including breaks or
leaks in underground utility lines, the need for establishing underground
utility service for new building construction or site development
work as may be determined by the Board of Commissioners or the Township
Engineer to require a street opening prior to the expiration of five
years after a street has been paved. In determining whether an emergency
exists, the Board of Commissioners or Township Engineer shall consider
all relevant factors, including but not limited to the ages of the
pavement, type and size of opening and resulting damage, whether the
applicant could reasonably delay the street opening and potential
loss of value to, or damage to, property if an opening is not permitted.
B. If an opening is permitted in a street prior to the passage of five
years after it has been paved, then the degradation fees set forth
in this Part or by resolution of the Board of Commissioners shall
be due and owing.
[Ord. 1837, 6/27/1994, § 103]
In order to receive a permit the applicant shall:
A. Complete and file a written application with the Township Secretary,
this on application form prescribed and furnished by the Township.
B. No work shall be commenced by the applicant until the Superintendent
or Engineer has approved the application and the permit has been issued,
other than under those exceptions set forth in § 102, above,
which pertain to emergency work. By the filing of the application
for a permit, the applicant agrees that he shall perform the work
in accordance with the terms of this Part, the permit, as issued,
and all applicable laws and regulations pertaining thereto and that
he shall be bound, in all respects, by the terms and conditions of
this Part.
C. If not set forth on the application form itself, the applicant shall
file two copies of all plans which show the extent of the work for
which the permit is being requested. Such plans shall include all
appropriate dimensions and other information which may be required
by the Superintendent or Engineer.
D. Pay to the Township, at the time of filing of the application, such
fees for the permit as shall be established, from time to time, by
resolution of the Township.
(1) Degradation Fees. In order to discourage openings in newly paved
streets and to compensate the Township for the loss in value and road
quality that occurs when a newly paved road is opened, the fees charged
in connection with street opening permits may include additional degradation
fees in the following amounts, which amounts may be changed from time
to time by resolution of the Board of Commissioners:
[Added by Ord. 1970, 7/24/2014]
(a)
Less than one year: $30 per square yard.
(b)
One to two years: $25 per square yard.
(c)
Three to five years: $20 per square yard.
(d)
Five to seven years: $10 per square yard.
E. Furnish such certificates of insurance as are required by § 107,
below.
F. Post the permit bond as required by § 108, below.
G. Present evidence, if requested by the Superintendent or Engineer,
that all material, labor and/or equipment necessary to accomplish
the work are available to the applicant.
H. A copy of the permit shall, at all times while the work is in progress,
be available at the site of the work and it shall be produced, upon
demand, to any authorized representative of the Township.
I. Agree, by the filing of his application, to save the Township, its
Commissioners, officers, employees and agents harmless and to indemnify
all, or any of them, from any and all claims, damages, suits, liabilities
and costs which may arise, or be claimed to arise, by reason of the
work, either as authorized or as actually undertaken by the permittee.
The issuance of a permit, or the doing of any work provided for by
this Part, shall constitute the agreement, by the person doing the
work, to the provisions of this subsection, irrespective of whether
same is expressed elsewhere.
[Ord. 1837, 6/27/1994, § 104]
1. No excavation in any roadway shall extend beyond the center line
of such roadway until the surface of the initial excavation is restored
to a condition which shall provide safe and convenient access for
pedestrian and vehicular traffic. At no time will the improved part
of a roadway be completely closed to vehicular or pedestrian traffic,
unless such closing is authorized, in advance and in writing, by the
Superintendent or Engineer.
2. No more than 250 feet, measured longitudinally, of any roadway shall
be opened in any roadway until such time as the previously opened
surface of the roadway is restored to a safe and convenient condition
for vehicular or pedestrian traffic unless such opening is authorized,
in writing, by the Superintendent or Engineer.
3. No excavation shall be made, or attempted, if it shall or may interfere
with any utility lines or other underground facilities, unless the
permittee has first secured the permission of the owners of all such
facilities.
4. The permittee shall locate all underground facilities, including
sanitary sewers, storm sewers, gas lines, water lines, telephone and
electrical conduits and all other underground facilities, sufficiently
in advance of the commencement of the work in order that damage to
any such facilities be avoided, as well as to permit their relocation,
if necessary. The permittee shall also comply with all the utility
notification requirements of Acts 287 and 172.
5. If an underground facility is damaged by the permittee, such damage
shall be repaired and/or restored by the permittee, as necessary and
in accordance with the directions of the owner of the facility.
6. No monument of granite, concrete, iron, steel, brass or other lasting
material shall be removed or disturbed, or caused to be removed or
disturbed, without the permittee first obtaining permission, in writing,
from the Superintendent or Engineer to do so, in which case the permittee
shall pay the Township for all its expenses necessary and incidental
to all replacements of such monuments by the Township.
7. If a permittee shall cause any earth, sand, gravel, rock, stone or
other material to be either deposited upon or caused to roll, flow
or wash onto any roadway and there is thereby created a nuisance or
a danger to the public health and safety, the permittee shall cause
all such material to be promptly removed from the roadway. In the
event any such material is not removed within eight hours after notification
to the permittee by the Superintendent or Engineer to do so, the Township
may then take all steps necessary to accomplish such removal, the
costs of the removal to be paid to the Township by the permittee.
8. The permittee shall place all such barriers, barricades, lights,
warning flags, danger signs and other safety devices around the work
area as are reasonably necessary to protect the health and safety
of the public. All such safety requirements and precautionary measures
shall be based upon and conform, as applicable, to the requirements
set forth in Form 408, Pennsylvania Department of Transportation publication,
latest edition. The permittee shall also comply with any traffic control
plan which forms part of the permit. In the event the permittee fails
to comply with the provisions of this subsection, the Township may
take the necessary steps to compel compliance, all costs incurred
Township in so doing shall be paid to it by the permittee.
9. At all times while the work is in progress and prior to its completion,
the permittee shall maintain safe crossings for pedestrian and vehicular
traffic at all roadway intersections and, in addition, safe crossings
for pedestrians at intervals of not more than 300 feet. Two lanes
of traffic shall, where possible, be kept open at all intersections
by the installation of covering steel plates. All such steel plates
shall be firmly secured and, where appropriate, imbedded in bituminous
material so as to withstand the normal flow of traffic. If the size
and character of the excavation makes it impractical to use steel
plates, the permittee shall so advise the Superintendent or Engineer
at the time the application for the permit is filed and the work shall
not commence until the Superintendent or Engineer consents to the
omission of the steel plates.
10. The permittee shall maintain vehicular access to all private driveways,
except during working hours when construction operations prohibit
such access, the owner of any driveway which is affected to be notified
of such nonaccess, by the permittee, prior to the commencement of
the specific work. The permittee shall also insure that there is free
access, at all times, to the fire hydrants in the area covered by
the scope of the work.
11. All excavated material shall be placed compactly along the side of
the trench so as to cause as little inconvenience and danger as possible
to vehicular and pedestrian traffic. When the Superintendent or Engineer
deems it necessary, in order to expedite the flow of traffic or to
abate a dirt or dust nuisance, containment measures shall be taken
by the permittee to prevent the spread of excavated material into
traffic lanes. Temporary wooden plank walks shall be installed where
pedestrian traffic in the excavated area may cause inconvenience to
such pedestrians. If the roadway is not sufficiently wide to hold
excavated material, the permittee may use up to 1/2 the width of the
sidewalk along the sidewalk line for such material, the remainder
of the sidewalk to be kept open for pedestrian traffic. No excavated
material shall be permitted to enter any stormwater inlet or sanitary
sewer.
12. The Superintendent or Engineer may, in addition to the conditions
set forth herein, impose such other conditions upon the issuance of
the permit as may be reasonably necessary to protect the health and
safety of the public during the course of the work.
[Ord. 1837, 6/27/1994, § 105]
1. All excavations shall be backfilled with dry, compactable material
in accordance with PennDOT specifications, Form 408, latest edition,
and such material shall be thoroughly compacted by proper tamping.
The surface of the excavated area shall be restored to its original
or equal condition, unless permittee is authorized, by the Superintendent
or Engineer, to the contrary.
2. Existing pavement which is removed in the course of the work shall
be removed for a distance of at least one foot beyond the outer limits
of the subgrade that is disturbed, this in order to prevent settlement,
the face of the remaining pavement to be approximately vertical. A
concrete [saw] shall be used for all concrete pavement cuts and asphalt
paving shall be scored or otherwise cut in a straight line.
3. An applicant shall set forth, in detail on the application, all tunneling
or boring which is contemplated under a roadway.
4. In the event any work performed by a permittee is deemed unsatisfactory,
in the opinion of the Superintendent or Engineer, and if such unsatisfactory
work is not corrected in accordance with the instruction of the Superintendent
or Engineer or, if the work is not completed within the time specified
in the permit, or any extension of time thereof, the Township may
proceed to correct such unsatisfactory work or complete any uncompleted
work, all costs thereby incurred by the Township to be billed to and
promptly paid by the permittee.
5. All backfilling, as well as all other work, shall be accomplished
by the permittee with due diligence so that no roadway is obstructed
to a greater extent or for a longer period of time than is actually
necessary. If the work is not prosecuted with due diligence or, in
the opinion of the Superintendent or Engineer, it does not comply
with the terms of this Part, the permit or sound engineering practices,
the Superintendent or Engineer shall so notify the permittee and the
permittee shall then be required, within three days from his receipt
of such notice, to proceed to complete the work or correct any deficiency
in the work. If the permittee does not comply with the terms of the
notice, the Township may then proceed against the permittee and the
surety on his bond. In addition, the Township shall have the right
to refuse to issue any additional permits to a permittee who has not
complied with all the requirements of this Part relative to any prior
permits issued to him, the Superintendent or the Engineer to be the
judge of such noncompliance.
6. The Superintendent or Engineer shall have the right to inspect all
the work and is also authorized to secure such outside inspection
services as may, in his judgment, be necessary in order to ensure
compliance by the permittee with the provisions of this Part and the
permit.
7. Should settlement of a restored area of the work occur within a period
of two years from the date of completion of the permanent restoration
by the permittee, such settlement shall be considered conclusive evidence
of defective work, and the Township may then take all action necessary
to correct the condition, the cost of corrective action to be paid
by the permittee.
[Amended by Ord. 1970, 7/24/2014]
8. The Township shall not, in any way, be responsible for any part of
the work which is either omitted or improperly done by the permittee,
and no officer or employee of the Township is authorized to assume
any jurisdiction of or responsibility for such part of the work, except
when same becomes necessary in the exercise of the police power of
the Township in order to protect the public health and safety.
9. If, in the judgment of the Superintendent or Engineer, traffic conditions
or the public health, safety or convenience require that any part
of the work be performed as emergency work, the Superintendent shall
have the authority to require that the permittee provide sufficient
labor, material and facilities on a twenty-four-hour basis to complete
that part of the work as soon as possible.
[Ord. 1837, 6/27/1994, § 107]
The applicant shall provide a certificate of insurance to the
Township, as part of its application for the permit, same to reflect
that the contractor, subcontractor or any other entity who shall actually
perform the work under the permit is insured against all claims for
bodily injury, including death, as well as all claims for property
damage, any of which may arise out of its performance of the work.
This insurance shall include completed operations and underground
coverages and it shall name the Township as an additional insured.
The Superintendent or Engineer may require increased limits in the
insurance coverage based upon the nature and extent of the work; however,
the minimum limits for bodily injury, including death, shall be $500,000
for each person and $1,000,000 for each occurrence and a minimum of
$250,000 for property damage for each occurrence.
[Ord. 1837, 6/27/1994, § 108]
1. Requirements. Each applicant shall provide the Township, prior to
issuance of the permit, with a permit bond to guarantee full performance
of the work authorized by the permit, the form of the bond to be substantially
that supplied by the Township. The amount of the bond shall equal
the cost to complete the work, as estimated by the Superintendent
or Engineer, including maintenance of the work for a period of two
years from the date of its completion but, in no event, shall any
such bond be in an amount less than $1,000. All such bonds shall have,
as collateral thereto, either a cashier's check payable to the
Township or a corporate surety acceptable to the Township. The Superintendent
or Engineer may, in the event that multiple permits are to be issued
to the same permittee, permit the applicant to furnish one bond which
shall be in such amount and subject to such terms as the Superintendent
or Engineer deems necessary to cover all the work to be done by the
applicant under all such permits.
[Amended by Ord. 1970, 7/24/2014]
2. Default. In the event the Superintendent or Engineer determines that
there has been a default in the performance of the work it shall give
written notice of the default to the permittee and its corporate surety,
if any, on the bond. The notice shall state the action which is to
be taken to correct the default, the estimated cost of correction
and the time deemed reasonably necessary for its completion.
3. Correction of Default. In the event that, after receipt of the notice
of default, the default shall not be promptly corrected by the permittee
then, in the case of a corporate surety, the surety shall be required,
within the time specified, to either cause the required corrections
be made or, in the alternative, pay over to the Township a sum equal
to the estimated cost determined by the Superintendent or Engineer
for the making of the corrections. Upon receipt of such funds, the
Superintendent or Engineer shall then proceed to have the work completed;
however, no liability shall be incurred by the Township as a result
of any such action taken by it, other than its responsibility to see
to the proper expenditure of any funds so received by it.
4. Forfeiture of Cash Bond. Should the permittee have posted a cashier's
check, as collateral to the bond, the Township shall have the right,
either following or in the course of its completion of the work, to
use such portion of the funds represented by said check as are necessary
to pay all costs and expenses incurred by it, any part of such funds
remaining thereafter to be returned to the permittee.
5. Term. The effective term of a bond shall commence on the date of
issuance of the permit and it shall continue, in full force and effect,
until a date two years from the date of approval of the final restoration
of the work by the foreman or engineer.
[Amended by Ord. 1970, 7/24/2014]
6. Annual Bond for Utilities. Utilities may be required or permitted
to post an annual bond with the Township, at the discretion of the
Township Superintendent or Engineer. The form and amount of the annual
bond shall be determined by the Township Engineer or Township Superintendent
based on the amount, nature and frequency of road openings and the
permittee's prior experience, if any.
[Ord. 1837, 6/27/1994, § 109]
If, in the opinion of the Superintendent or Engineer, the work
to be undertaken is such that it will affect any property which abuts
or adjoins the area of the work, the Superintendent or Engineer may
require the permittee to give notice of the same to the owners and/or
tenants of each such affected property.
[Ord. 1837, 6/27/1994, § 110]
The Township Secretary shall provide the police and fire departments
of the Township with a copy of any permit which prohibits or restricts
the flow of traffic on any roadway and the permittee shall be responsible
for coordination between itself and the police and fire departments
in order that the public safety be protected during the course of
the work.
[Ord. 1837, 6/27/1994, § 111]
Any person, partnership, firm, corporation or any other entity
which shall violate any provision of this Part shall, upon conviction
thereof, be sentenced to pay a fine of not more than $300; and/or
to suffer imprisonment for a term not to exceed 90 days. Each day
that any violation of any provision of this Part continues shall constitute
a separate offense.