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 governmental corporation created pursuant to the Commonwealth
of Pennsylvania Authorities Act of 1945 (See 53 Pa.C.S.A. § 5601
et seq.), as amended.
[Added 8-13-2012 by Ord. No. 1389-2012]
Any person who has been issued a permit and has agreed to
fulfill all the provisions of this article.
[Added 8-13-2012 by Ord. No. 1389-2012]
Includes any natural person, partnership, firm, association
or corporation.
Any utility company, excluding municipal authorities, licensed
by the Public Utility Commission of the Commonwealth of Pennsylvania.
[Added 8-13-2012 by Ord. No. 1389-2012]
Any public street, avenue, road, square, alley, highway or
other public place located in the City of Coatesville and established
for the use of vehicles.
It shall be unlawful for any person to open
or to make any excavation of any kind in any street in the City of
Coatesville without first securing a permit therefor as hereinafter
provided.
Any person who shall desire to make any opening
or excavation in any of the streets in the City of Coatesville shall
make application to the City Engineer and/or Codes Department in writing
for the purpose. Such application shall be made upon blanks to be
furnished by the City and shall set forth the name of the applicant,
the exact location of the proposed opening or excavation and the approximate
size or depth thereon and such other information as may be required
upon said application, and it shall contain an agreement on the part
of the applicant that the work shall be done in full compliance with
the ordinances of the City of Coatesville and the laws of the commonwealth
in relation thereto and that the applicant shall well and truly save,
defend and keep harmless the City from and indemnify it against any
and all actions, suits, demands, payments, costs and charges for or
by reason of the proposed opening or excavation and all damages to
persons or property.
The City Engineer and/or Codes Department shall
promulgate rules and regulations governing the opening, excavation,
refilling, resurfacing and repaving of streets in the City of Coatesville,
and after the same have been approved by the Council of the City of
Coatesville and entered upon the minutes of Council, such rules and
regulations shall be the sole criteria for any work to be done or
performed by any applicant or permittee governed by the terms of this
article. Copies of said rules and regulations shall be furnished to
any person making application hereunder.
[Added 11-24-1997 by Ord. No. 1058-97]
The applicant for any street opening within
the City of Coatesville shall submit at the time of application a
detailed traffic plan, to be approved by the Police Department. The
traffic plan will consist of a diagram of the traffic flow pattern,
along with the means to be used for closing the street to normal traffic,
length of time for closure and the type of equipment to be used as
traffic flow indicators. The Chief of Police and/or his designee shall
have full authority to close, change or redirect any and all such
activity that would hamper the safety and well being of the general
public.
[Amended 5-28-1996 by Ord. No. 1012-96; 8-13-2012 by Ord. No. 1389-2012]
In the event that any work performed by or for
a permit holder shall, in the opinion of the City Engineer and/or
Codes Department, be unsatisfactory and the same shall not be corrected
in accordance with his or her instructions within the time fixed by
him or her or in the event that the work for which the permit was
granted is not completed within the time fixed therein, the City may
proceed to correct such unsatisfactory work or complete any such work
not completed and charge the costs thereof plus 25% to the applicant.
In the case of any leak, explosion or other
accident in any subsurface pipe, construction or apparatus, it shall
be lawful for the person owning or responsible for such pipe, line,
construction or apparatus to commence an excavation to remedy such
condition before securing a permit, provided that application for
a permit shall be made immediately and not later than the next business
day thereafter and that all other provisions of this article are fully
complied with. If any such emergency condition shall not be immediately
attended to by the owner or person responsible for such pipe, line,
construction or apparatus, the City Engineer and/or Codes Department,
after such notice as he or she shall deem necessary under the circumstances
of the particular case, shall proceed to do the work necessary and
required by such emergency and charge the same, on the basis of cost
plus 25%, to such owner or person.
The City Engineer and/or Codes Department shall
give timely notice to all persons owning property abutting on any
street within the City about to be paved or improved and to all public
utility companies operating in the City, and all such persons and
utility companies shall make all water, gas or sewer connections,
as well as any repairs thereto, which would necessitate excavation
of said street within 30 days from the giving of such notice, unless
such time is extended in writing for cause shown by the City Engineer
and/or Codes Department. New paving shall not be opened for a period
of five years after the completion thereof, except in case of emergency,
the existence of which emergency and the necessity for the opening
of such paving to be determined by the City Engineer and/or Codes
Department. If it is sought to excavate upon or open a street within
five years after the completion of the paving thereof for any other
reason than an emergency as above stated, the applicant shall make
written application to the City Council, and a permit for such opening
shall only be issued after express approval of the Council.
[Amended 5-28-1996 by Ord. No. 1012-96]
Any person, whether principal, agent or employee,
violating or assisting in the violation of any of the provisions of
this article shall, upon conviction in summary proceedings, pay a
fine of not more than $600 or shall be imprisoned for not more than
90 day, or both such fine and imprisonment.
[Amended 5-28-1996 by Ord. No. 1012-96; 8-13-2012 by Ord. No.
1389-2012]
A.
Road specifications.
(1)
Approval of plans required. No person shall construct, open or dedicate
street or drainage facilities in connection therewith, for public
use or travel in the City, except in strict accordance with plans
which have been submitted to and approved by the City Council.
(2)
Contents of plans. Such plans shall show:
(a)
Profiles of proposed roads, showing grades, cuts and fills.
(b)
Course, structure and capacity of all drainage facilities, indicating
the method of drainage of the adjacent or contiguous territory.
(c)
Cross sections of paving, indicating depth and type of each
course.
(d)
)Names of all roads.
(e)
Road widths.
(f)
Locations of all existing or proposed gas, water, electric and
other mains, pipes and conduits.
(h)
All other improvements and utilities to be installed or erected
thereon.
(i)
Any other details that may be required by any rules and regulations
adopted by the City Council.
(4)
Application for approval of plans. All plans, together with an application
for the approval thereof, shall be filed in duplicate with the City
Secretary at least 30 days prior to the regular meeting of the City
Council at which it is desired that such plans be considered.
(5)
Action on plans. The City Council reserves the right to specify such
alterations, changes or modifications of plans as it deems necessary
and may make approval of such plans subject to such alterations, changes
or modifications. Prior to taking action on any plans, the City Council
may hold a public hearing thereon after giving such notice as it deems
advisable in each case. No approval of plans by the City Council shall
obligate or require the City to construct, reconstruct, maintain,
repair or grade roads indicated thereon.
(6)
Filing of approved plans. All plans and specifications when approved
shall be signed on behalf of the City by the City Council and an approved
copy shall be filed with the City Secretary, who shall make such copy
available for public inspection.
(7)
Appeals. Where the City Council shall refuse to approve any plans
submitted to it in accordance with this article, any person aggrieved
by the action of the City Council may, within 30 days after such action,
appeal therefrom by petition to the Court of Common Pleas of Chester
County. Such appeal shall be heard de novo, and, after hearing, the
Court may enter a decree affirming, reversing or modifying the action
of the City Council. The Court shall designate the manner in which
notices of the hearing of any such appeal shall be given to all parties
interested. The decision of the Court shall be final.
(8)
Recording of approved plans. All plans approved by the City Council
or by the Court on appeal shall be recorded by the person applying
for such approval in the office of the Recorder of Deeds of Chester
County.
(9)
Performance contract. Before the applicant shall undertake the construction
of any improvements subject to the provisions of this article, he
shall enter into a contract, in writing, with the City, in which he
shall agree to perform the work described in the plans in strict accordance
with the plans as finally approved by the City Council. In addition,
the applicant shall furnish a bond, in such amount and with such surety
as shall be approved by the City Council, to guarantee the performance
of the contract. In lieu of a bond, the applicant may deposit cash
to guarantee performance of said contract, upon an escrow agreement
and with an escrow agent approved by the City Council.
(10)
Waiver of City responsibility. If any road or any drainage facilities
in connection therewith shall be opened, constructed or dedicated
for public use or travel except in strict accordance with plans approved
and recorded in accordance with the provisions of this article, neither
the City Council nor any public authorities shall place, construct
or operate any sewer, drain, water pipe or other facilities or do
any work of any kind in or upon such road, and neither the City Council
nor any other public authorities shall have any responsibility of
any kind with respect to any such road or drainage facilities, notwithstanding
any use of the same by the public; provided, however, that nothing
herein contained shall prevent the laying of trunk sewers, drains
or water or gas mains if required by engineering necessity for the
accommodation of other territory.
(11)
Fees. Fees to defray the costs of inspection shall be paid by
the applicant at the time application for approval of plans is made.
The amount of such fee shall be determined according to a general
fee schedule adopted by resolution of the City Council, and all such
fees shall be paid into the City Finance Department with a copy provided
to the City Codes Department.
(12)
State and county roads. Nothing contained in this article shall
be held to restrict or limit the State Department of Highways or the
County of Chester in the exercise of its duties, powers and functions.
B.
Street excavations.
(1)
Permit required. It shall be unlawful for any person to open or to
make any excavation of any kind in any of the streets in the City
of Coatesville without first securing a permit therefor as hereinafter
provided.
(2)
Application for permit.
(a)
Any person, public utility or municipal authority who shall
desire to make any opening or excavation in any of the streets in
the City shall file an application with the City's Engineer. Such
application shall be made upon forms to be furnished by the City which
shall include the name of the applicant, the exact location of the
proposed opening or excavation, and the approximate size or depth
thereof. The forms shall also contain the applicant's agreement that
the work shall be done in full compliance with the ordinances of the
City and the laws of the commonwealth in relation thereto and that
the applicant shall defend and indemnify the City from and against
any and all actions, suits, demands, payments, costs and charges for
or by reason of the proposed opening or excavation and all damages
to persons or property resulting in any manner therefrom or occurring
in the prosecution of the work connected therewith, or from any other
matter, cause or thing related thereto.
(b)
The City's Streets Department and the City of Coatesville municipal
authority shall not be required to obtain a permit under this article
for routine repair and/or replacement work associated with the existing
infrastructure unless required by the City Council. Further, any person
or contractor performing work under contact with the City and/or the
City of Coatesville municipal authority shall obtain a permit if required
by the City Council.
(c)
The City reserves the right to revoke any permit issued hereunder
for any violations of the provisions of this article.
(d)
The permit application shall be accompanied by the required
Pennsylvania One Call System notification serial number for the desired
work. Failure to provide said serial number will result in permit
denial.
(e)
The permit application shall be accompanied by a traffic control
plan applicable to the work zone necessary for the excavation. The
traffic control plan shall indicate the necessary signage required
for the excavation and shall be developed in accordance with the current
version of the Manual on Uniform Traffic Control Devices (MUTCD),
PennDOT Publication 213, PennDOT Publication 408, and other applicable
laws.
(3)
Permit fees. Before any permit shall be issued to open or excavate
any street in the City, the applicant shall pay a permit fee to the
City, which fee shall be as established or amended from time to time
by resolution of the City Council.
(4)
Refilling; reimbursement for repairs to defective work. Any person who shall open or excavate any street in the City shall thoroughly and completely refill the opening or excavation and attain proper compaction so as to prevent any settling thereafter, in the manner provided in § 193-10B(6) of this article. If, within 18 months after the restoration of the surface as herein provided, defects shall appear therein resulting from defective backfilling, concrete and blacktop placement by the applicant, the applicant shall reimburse the City for the costs of all necessary repairs to the permanent paving.
(5)
Fiscal responsibility; supervision and approval. All work in connection
with openings in any street, including excavation, protection, refilling
and temporary paving, shall be done by the applicant at his expense
and all such work shall be subject to the provisions of this article
and to the supervision and approval of the City's Engineer or his
designee.
(6)
Conduct of work.
(a)
The City Engineer, or his designee, shall inspect all excavations
conducted on any street within the City. When the reasonable safety
and convenience of the public is in jeopardy, the City Engineer shall
have the authority to change the requirements of this section at will.
(b)
The applicant shall provide notice to the City Engineer at least
24 hours prior to starting any work under a right-of-way permit. In
the event timely notice is not given to the City Engineer, the person
performing the work shall re-excavate the repair at his own cost for
the necessary inspections.
(c)
No opening or excavation in any street shall extend from the
curbline into the highway a distance greater than one foot beyond
the center line of the street before being refilled and the surface
of the highway restored to a condition safe and convenient for traveling.
No more than 200 feet longitudinally shall be opened in any street
at any one time, and, during excavation, at least one lane of the
road must be open to vehicle traffic at all times unless the City
Engineer officially closes said roadway to through traffic. Access
to private properties adjacent to the excavation shall be maintained
for emergency vehicle traffic at all times.
(d)
All openings and excavations shall be properly backfilled at
the end of each workday. In the event conditions warrant the use of
steel plates as a temporary measure, the City Engineer may permit
the use of steel plates for a limited time period.
(e)
The work of excavation shall be conducted so as not to interfere
with the water mains, sewers or their connections until permission
of the proper authorities in connection with such subsurface lines
or constructions shall have been obtained. The applicant shall be
responsible for any and all damages which may be incurred by the failure
to protect any and all underground facilities.
(f)
No tunneling shall be allowed without the express approval of
the City Engineer, whose permission must be endorsed upon a right-of-way
permit. The backfilling of a tunnel excavation shall be made only
in the presence of the City Engineer, or his designee, and shall be
done only in a manner approved by him. Prior to excavation, proper
warnings signs must be installed in accordance with Pennsylvania Department
of Transportation Publication 408 and Publication 213.
(g)
All road openings or excavations shall be backfilled using 2A
modified stone compacted in six-inch lifts for the entire trench up
to a distance of six inches from finished grade. The remaining six
inches shall consist of 4 1/2 inches of superpave HMA base course,
PG 64-22, less than 0.3 million ESALS, 25 mm mix and 1 1/2 inches
of superpave HMA wearing course, PG 64-22, less than 0.3 million ESALS,
9.5 mm mix, unless otherwise directed by the City Engineer. All joints
must be sealed in accordance with the latest version of Publication
408.
(h)
During the making of any excavation in any street, every necessary
and reasonable precaution shall be taken by the permittee 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. All excavating permits are granted under and subject to the
express condition that the person to whom the same is issued shall
indemnify, save and keep harmless the City from any loss in damages
or otherwise whatsoever which may or shall be occasioned at any time
by said excavation or by any leak, explosion or other injury from
any pipe apparatus, conduit or any other matter in or placed in said
excavation.
(i)
The permittee and/or his contractor shall remove all excavated
materials from the site and dispose of such materials at the permittee's
sole expense. At no time shall the permittee and/or his contractor
deposit excavated material within the City rights-of-way.
(j)
In the event that any work performed by or for a permit holder
shall, in the opinion of the City Engineer, or his designee, be unsatisfactory
and the same shall not be corrected in accordance with his instructions
within the time fixed by him, or in the event that the work for which
the permit was granted is not completed within the time fixed, 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.
(k)
In the event the applicant's work may interrupt and/or hinder
the Fire Department's ability to provide adequate fire protection
in the vicinity of the excavation, the applicant must notify the County
of Chester's Fire Board at least 24 hours prior to an opening of a
street that will cause said interruption.
(l)
No permit to open or break the surface of any street, alley
or highway shall be issued between December 1 and March 1 except in
cases of emergency. The final determination of an emergency situation
shall be made by the City.
(m)
For openings on state highways, the applicant shall coordinate
all work with the City of Coatesville and PennDOT prior to proceeding
with said work.
(n)
The use of dynamite or other explosives is prohibited.
(o)
No attachments or openings shall be made on any bridge or culvert
(p)
Mats or protective pads must be used to protect the pavement
from steel traveling pads of equipment and any other piece of the
equipment (i.e., bucket, outrigger, etc.). Damages to pavement or
curbs will be the responsibility of the applicant, and repair of said
damage shall be assessed and assigned by the City Engineer to the
permittee.
(q)
The trench perimeter must be shouldered a minimum of 12 inches
to offer proper support for newly installed fill. All irregular road
openings must be properly squared.
(r)
Prior to making the final restoration, the permittee shall saw
cut one foot from each edge of the trench, in a neat, straight line,
to the bottom elevation of the existing base course, and the detached
material shall be removed and properly disposed.
(s)
When traffic lanes of a street are overlayed, the edge of the
overlayed traffic lane shall be milled to a depth of 1 1/2 inches
for the entire length of the overlayed area in order to ensure a smooth
joint with proper elevation and cross section. Traffic lane or pavement
markings that are covered, removed, or destroyed by any opening or
overlay shall be restored by the permittee.
(t)
All areas of the street which are excavated shall be restored
according to the following requirements:
[1]
Perpendicular excavation: a perpendicular street excavation
for installation of a utility service line to a new or existing residence
or business from a new or existing main utility line.
[a]
Restoration requirements: The excavation area shall
be milled and overlay applied to a width of three feet beyond the
trench edge. If the excavation is within three feet of the center
line of the road, the entire lane shall be paved.
[2]
Longitudinal excavation: a longitudinal street excavation for
installation of a water main, sewer main or other longitudinally located
utilities.
[a]
Restoration requirements: The excavation area shall
be milled and overlay applied to a full lane width. If excavation
is within three feet of the center line of the road, full roadway
width paving is required.
[3]
Miscellaneous surface penetrations: any single core borings,
bore holes, or other small excavations.
[a]
Restoration requirements: Full depth paving restoration
is required for a minimum of two feet beyond the boring or excavation.
If the boring or excavation penetrates below the existing pavement,
the area below the paving shall be filled with Type A or Type B flowable
backfill or an alternative fill material approved by the City Engineer.
Excavation shall be milled and overlay applied to three feet beyond
excavation. If excavation is within three feet of the center line
of the road, full width paving is required.
[4]
Miscellaneous surface penetrations: two or more core borings,
bore holes or other small excavations within a one-hundred-foot road
segment:
[a]
Restoration requirements: full lane width restoration.
If excavation is within three feet of the center line of the road,
full roadway width paving is required.
(7)
Emergency conditions; remedies; costs. In the case of any leak, explosion
or other accident in any subsurface pipe, line, construction or apparatus,
it shall be lawful for the person owning or responsible for such pipe,
line, construction or apparatus to commence an excavation to remedy
such condition before securing a permit, provided that application
for a permit shall be made immediately and not later than the next
business day thereafter and that all other provisions of this article
are fully complied with. If any such emergency condition shall not
be immediately attended to by the owner or person responsible for
such pipe, line, construction or apparatus, the City Engineer, or
his designee, after such notice as he shall deem necessary under the
circumstances of the particular case, shall direct City personnel
and/or a third-party contractor to do the work necessary and required
by such emergency and charge the same on the basis of cost plus 20%
to such owner, person and/or permittee.
(8)
Notice of proposed work; opening new paving restricted. The City
Secretary shall give timely notice to all public utility companies
operating in the City, and all such persons and utility companies
shall make all water, gas and/or sewer connections as well as any
repairs thereto which would necessitate excavation of said street
within 30 days from the giving of such notice unless such time is
extended, in writing, for cause shown by the City Engineer. The method
of said notification is to be determined by the City.
(9)
Approval of utility mains. No new utility line, including but not
limited to water, sewer and gas mains, shall hereafter be laid or
constructed, and no existing water, sewer or gas main shall be extended
in any of the streets of the City until the exact location thereof
and the plan therefor shall have been first approved by the City Engineer.
In the event a permittee desires to relocate and/or replace an existing
utility, the existing utility shall be removed from the right-of-way
unless otherwise directed by the City Engineer.
(10)
Collection of charges due City. Payments for all work done by
the City under the provisions hereof shall be made by the person liable
therefor under the provisions hereof within 30 days after a bill therefor
is sent to such person by the City. Upon failure to pay such charges
within such time, the same shall be collectible by the City in the
manner provided by law for the collection of municipal claims or liens.
(11)
Exceptions. The provisions of this article shall not apply to
the laying of sidewalk or curbs nor to the planting of poles.
C.
Utility installations in highways.
(1)
Permit required. In accordance with the provisions of Article XXXIX
of the Third Class City Code, as amended (See 53 P.S. §§ 27915
to 370990.), no railroad or street railway shall hereafter be constructed
upon any City road, nor shall any railroad or street railway crossings
nor any gas pipe, water pipe, electric conduits or other piping be
laid upon or in any portion of a City road, nor shall any telephone,
telegraph or electric light or power poles or any coal tipples or
any other obstructions be erected upon or in any portion of a City
road, except under such conditions, restrictions and regulations relating
to the installation and maintenance thereof as may be prescribed in
permits granted by the City for such purpose. The erection or removal
of any utility is specifically made subject to the provision of this
article as amended and set forth hereinabove.
(2)
Application for permit; fee. The application for a permit shall be
on a form prescribed by the City and submitted to the City in triplicate.
An application for the erection or removal of any utility pole shall
be accompanied by a fee of $10, or such fee as shall be established
from time to time by resolution of the City Council. The fee which
shall accompany any other application in accordance with this article
shall be in accordance with the schedule of fees set forth by the
Department of Transportation for highway occupancy permits and restoration
charges. In addition, the applicant shall submit three copies of a
sketch showing such dimensions as the location of the intended facility,
width of the traveled roadway, right-of-way lines and a dimension
to the nearest intersecting street.
(3)
Issuance of permit. A permit shall be issued to the applicant after
all the aforementioned requirements have been filed.
(4)
Notice of completion of work. Upon completion of the work, the applicant
shall give written notice thereof to the City.
(5)
Inspection of work; defective work. Upon completion of the work authorized
by the permit, the City shall inspect the work and, when necessary,
enforce compliance with the conditions, restrictions and regulations
prescribed by the permit. Where any settlement or defect in the work
occurs, if the applicant shall fail to rectify any such settlement
or other defect within 60 days after written notice from the City
to do so, the City may do the work and shall impose upon the applicant
the cost thereof, together with an additional 20% of such cost.
