Borough Council hereby adopts the following article regulating
street openings.
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.
BOROUGH
The Borough of Verona, Allegheny County.
DEGRADATION FEE
A fee charged for the premature excavation/opening of a road
that has been constructed or resurfaced within seven years.
EMERGENCY
Any unforeseen circumstance which calls for immediate action.
ENGINEER
The Borough Engineer of the Borough of Verona, Allegheny
County, or his authorized representative or inspector.
FOREMAN
The Borough's Foreman of Public Works or his designee.
PERMIT
The approval issued to an applicant to perform any work covered
by the terms and conditions of this article.
PERMITTEE
Any person who has been issued a permit and has thereby agreed
to comply with all the terms and conditions of this article.
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
within the Borough of Verona, Allegheny County, including that portion
of any right-of-way which is improved with curbs and/or sidewalks.
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 Borough of Verona,
Allegheny County.
In order to receive a permit, the applicant shall:
A. Complete and file a written application with the Borough Clerk, this
on an application with the Borough Clerk, this on an application form
prescribed and furnished by the Borough.
B. No work shall be commenced by the applicant until the Foreman or Engineer has approved the application and the permit has been issued, other than under those exceptions set forth in §
215-30 of this article, 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 article, 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 article.
C. If not set forth on the application form itself, the applicant shall
file three 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 Foreman or Engineer.
D. Pay to the Borough, at the time of filing of the application, such
fees for the permit as set forth below, as may be amended or added
from time to time by resolution of the Borough:
(2) Degradation fee:
(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)
Over five years: $10 per square yard.
(3) Inspection fee: actual costs of the fees of the Borough Engineer
and other consultants.
E. Furnish such certificates of insurance as are required by §
215-34 of this article, below.
F. Post the permit bond as required by §
215-35 of this article, below.
G. Present evidence, if requested by the Foreman 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 Borough.
I. Agree, by the filing of this application, to save the Borough, its
officials, 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 doing of any work provided for by this
article, shall constitute the agreement by the person doing the work
to the provisions of this subsection, irrespective of whether same
is expressed elsewhere.
The applicant shall provide a certificate of insurance to the Borough 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, 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 Borough as an additional insured. The Foreman 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. A permittee utilizing the exception to the bond requirements at §
215-35G shall be deemed to comply with this section.
If in the opinion of the Foreman 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 Foreman or Engineer may require
the permittee to give notice of the same to the owners and/or tenants
of each such affected property. In the case of disruption to electric,
gas, phone, water or cable services, the permittee will inform the
Borough Emergency Management Coordinator, the Foreman and the Borough
Engineer of the expected commencement and length of such disruption,
such notice is to be given at a time not earlier than 48 hours and
not later than 24 hours before the disruption begins. Absent such
notice, no disruption of said service may commence without approval
of the Borough Engineer.
The Borough Clerk shall provide the Police and Fire Departments
operating within the Borough 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.
Any person, partnership, firm, corporation or any other entity
which shall violate any provision of this article shall, upon conviction
thereof, be sentenced to pay a fine of not more than $1,000 and/or
to suffer imprisonment for a term not to exceed 90 days. Each day
that any violation of any provision of this article continues shall
constitute a separate offense.