[Adopted 9-11-2001 by Ord. No. 2193[1]]
[1]
Editor's Note: This ordinance also superseded former Art.
VI, Street Excavations, adopted 9-14-1953 by Ord. No. 25, as amended
7-8-1997 by Ord. No. 2042.
Certain words used in this article are defined below. Words
used in the present tense shall include the future. The singular number
shall include the plural, and the plural the singular. The word "shall"
is mandatory and not permissive. 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:
Any person, as defined herein, who makes application for
a permit.
Any unforeseen occurrence or combination of circumstances
that calls for immediate action or remedy.
The person officially appointed by the Municipality of Monroeville
to enforce this article.
Any public street, highway, road, easement, right-of-way
or alley within the Municipality, including that portion of any right-of-way
that is improved with curbs and/or sidewalks.
The opening of the surface; the placing of facilities or
structures in, on, or under; or opening an access within any roadway
of the Municipality.
The Municipality of Monroeville, Allegheny County, Pennsylvania.
The approval issued to an applicant to perform any work covered
by the terms and conditions of this article.
Any person who has been issued a permit and has thereby agreed
to comply with all the terms and conditions of this article.
Any natural person, partnership, firm, association, corporation,
Municipal authority or other governmental entity.
Any and all activities of any kind or nature conducted by
the permittee, his agents, servants, employees, contractors, and subcontractors
which involves, to any extent, any roadway of the Municipality.
A.
Permit required. No person shall engage in roadway occupancy within
the Municipality, without first securing a permit from the Municipality
for each separate undertaking. Any person maintaining pipe, 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 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 article on the first business day of
the Municipality after the emergency. The permit shall be retroactive
to the date on which the work was begun.
B.
Limitation. No permittee shall perform any work beyond that originally
authorized by his/her permit unless such excess work is approved,
in advance, by the Municipal representative and the Municipality is
paid any additional fees occasioned thereby. Upon completion of any
additional work that is not covered by the original permit, the permittee
shall file a revised application with the Municipality reflecting
the scope of same.
C.
Bonds. 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.
D.
Commencement of work. The work for which a permit is issued shall
commence 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 renewal of all necessary
bonds. The permittee shall notify the Municipal representative, at
least 24 hours in advance, as to the date and time when the work will
commence.
E.
Nontransferable. A permit is not transferable by the permittee to
any other person.
F.
Expiration. A permit shall terminate at the end of the period of
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/she shall, prior to its termination,
request an extension of time from the Municipal representative, in
writing; the Municipal representative to be provided with the reason
for the requested extension. If the Municipal representative determines
that an extension is necessary, he may grant the permittee such additional
time as he deems appropriate for completion of the work.
G.
Right to use roadway. All permits shall be issued subject to the
rights of the Municipality 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.
H.
Revocation.
(1)
A permit may be revoked by the Municipal representative, after written
notice to the permittee, as a result of any one of the following:
(a)
A violation of any condition of the permit; or
(b)
A violation of any provision of this article or any applicable
statute, ordinance or regulation relating to the work; or
(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.
(2)
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 through the United
States Postal Service, certified mail, and obtaining a return receipt.
In order to obtain a permit, the applicant shall provide the
information contained within the following sections.
A.
The applicant shall complete and file a written application with the Municipality, this on the form prescribed by the Municipality. No work shall commence by the applicant until the Municipal representative has approved the application and the permit has been issued, other than those exceptions set forth in § 320-42A pertaining to emergency work. By the filing of the application for a permit, the applicant agrees that he/she 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.
B.
The applicant shall file two copies of all plans that show the extent
of the work for which the permit is being requested. Such plans shall
include all appropriate dimensions and other information that may
be required by the Municipal representative, in addition to a traffic
control plan for the proposed work.
C.
The applicant shall pay to the Municipality, at the time of filing
of the application, such fees for the permit as shall be established
from time to time by ordinance of the Municipality.
D.
The applicant shall furnish such certificates of insurance as are required by § 320-45B of this article.
F.
The applicant shall present evidence, if requested by the Municipal
representative, that all material, labor, and/or equipment necessary
to accomplish the work are available to the applicant.
G.
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 Municipality.
H.
The applicant agrees, by filing an application, to save the Municipality,
its Commissioners, officers, employees and agents harmless and indemnifies
all, or any of them, from all claims, damages, suits, liabilities
and costs which may arise, or be claimed to arise, by reason of the
work, either as authorized or actually undertaken by the permittee.
The issuance of the permit, or the doing of any work provided for
by this article, shall constitute the agreement, by the person doing
the work, to the provisions of this section, irrespective of whether
the same is expressed elsewhere.
The following establishes general specifications for roadway
occupancy within the Municipality:
A.
In general, the Municipality requires that facilities be placed outside
of the pavement or shoulder of a roadway unless there is no feasible
way for the permittee to perform the same. In the event that facilities
must be placed within the pavement or shoulder of a roadway, 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 shall the improved part of the roadway
be completely closed to vehicular traffic or pedestrian traffic unless
such closing is authorized, in advance and in writing, by the Municipal
representative.
B.
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 advance and in writing, by the Municipal representative.
C.
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.
D.
The permittee shall locate all underground facilities, including
sanitary sewers, storm sewer, gas lines, water lines, electric, telephone,
communication and conduits of all other underground facilities, sufficiently
in advance of the commencement of the work in order to prevent damage
to any such facilities. The permittee shall also comply with the requirements
of the Underground Utility Line Protection Law, Act 287 of 1974, as
amended.[1]
[1]
Editor's Note: See 73 P.S. § 176 et seq.
E.
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.
F.
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 advance
and in writing, by the Municipal representative. The permittee shall
pay the Municipality for all of its expenses necessary and incidental
to all replacements of such monuments by the Municipality.
G.
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 thereby creates 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 that
any such material is not removed within eight hours after notification
of the permittee by the Municipal representative to do so, the Municipality
may then take all steps necessary to accomplish such removal, the
costs of the removal to be paid to the Municipality by the permittee.
H.
The permittee shall place all such barriers, barricades, lights,
warning flags, danger signs and other such 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 Pennsylvania Department of Transportation Publication
203, Work Zone Traffic Control, latest addition. The permittee shall
also comply with any traffic control plan that forms part of the permit.
In the event the permittee fails to comply with the provisions of
this subsection, the Municipality may take the necessary steps to
compel compliance, all costs incurred by the Municipality in so doing
shall be paid to it by the permittee.
I.
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 Municipal representative
at the time the application for the permit is filed and the work shall
not commence until the Municipal representative consents to same.
J.
The permittee shall maintain vehicular traffic access to all private
driveways except during working hours when construction operations
prohibit such access. The owner of any driveway that is affected by
the work shall 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 fire hydrants in
the area covered by the scope of work.
K.
All excavated material shall be placed compactly adjacent to the work area so as to cause as little inconvenience and danger as possible to vehicular and pedestrian traffic. Whenever the Municipal representative 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 the work may cause inconvenience to pedestrian traffic. 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. All excavations shall conform to the applicable requirements, of Chapter 243, Land Disturbance, of the Code of the Municipality of Monroeville, as amended.
L.
All excavations shall conform to the following minimum standards:
(2)
All excavations shall be backfilled with dry, compactable material
in accordance with Pennsylvania Department of Transportation Publication
408, Roadway Specifications, latest edition. Backfill material shall
be placed in loose layers not to exceed eight inches prior to compaction
and shall be thoroughly compacted by proper tamping. The surface of
the excavated area shall be restored to its original, or equal condition,
unless the permittee is authorized, by the Municipal representative
to the contrary.
(3)
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 is to be saw-cut approximately
vertical. In the case of flexible base pavement, full lane-width restoration
of the wearing course will be required in all cases.
(4)
For flexible base pavement restoration in which the wearing course
exceeds two inches in depth, additional BCBC or ID-2 binder course
shall be placed to within two inches of the finished elevation prior
to placement of the final wearing course.
(5)
For cement concrete pavement restoration in which the opening exceeds
six feet in either length or width, reinforcing steel, expansion ties
bolts and load transfer devices shall be placed in accordance with
Pennsylvania Department of Transportation Roadway Construction Standard
RC-26, latest edition.
(6)
Temporary restoration shall be permitted when, in the opinion of
the Municipal representative, final restoration is not immediately
feasible due to weather or site conditions. Final restoration shall
occur immediately upon the request of the Municipal representative
or when weather or site conditions permit.
(7)
All pavement markings disturbed during the course of work shall be
replaced upon final restoration.
M.
An applicant shall set forth in detail on the application all tunneling
or boring which is contemplated under a roadway.
N.
In the event any work performed by a permittee is deemed unsatisfactory,
in the opinion of the Municipal representative, and if such unsatisfactory
work is not corrected in accordance with the Municipal representative's
instructions, or, if the work is not completed within the time frame
specified in the permit, or any extension of time thereof, the Municipality
may proceed to correct such unsatisfactory work or complete any uncompleted
work, all costs thereby incurred by the Municipality to be billed
to and promptly paid by the permittee.
O.
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 executed with due diligence or, in the
opinion of the Municipal representative, it does not comply with the
terms of this article, the permit or sound engineering practices,
the Municipal representative shall so notify the permittee, and the
permittee shall then be required, within three working 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 Municipality may then proceed against
the permittee and the surety on his bond. In addition, the Municipality
shall have the right to refuse to issue any additional permits to
a permittee who has not complied with the requirements of this article
relative to any prior permits issued to him, the Municipal representative
to be the sole judge of such noncompliance.
P.
The Municipal representative shall have the right to inspect all
the work and is also authorized to secure such outside inspection
services as may, in his judgement, be necessary in order to insure
compliance by the permittee with the provisions of this article and
the permit.
Q.
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 Municipality may then take all action necessary
to correct the condition, the cost of such corrective action to be
paid by the permittee.
R.
The Municipality 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 Municipality 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 Municipality in order to protect the public health and safety.
S.
If, in the judgement of the Municipal representative, traffic conditions
or the public health, safety or convenience require that any part
of the work be performed as Emergency work, it 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.
T.
The Municipal representative 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.
U.
Roadway occupancy for access. In addition to all other requirements
of this section, roadway occupancy for access shall meet the following
additional requirements:
(1)
The applicant shall meet minimum acceptable site distance requirements
and other requirements, as defined in Pennsylvania Department of Transportation
Publication RR-441, Access to and occupancy of Highways by Driveways
and Local Roads, latest edition.
(2)
All accesses shall be designed to accommodate the amount and type
of traffic they serve. The applicant shall be required to provide
a traffic impact study when, in the opinion of the Municipality, the
proposed access is expected to have a significant impact on the safety
and/or traffic flow of the affected roadway. Traffic impact studies
shall be prepared in accordance with Pennsylvania Department of Transportation
Publication 201, Engineering and Traffic Studies, latest edition,
and shall be prepared and sealed by a qualified Professional Engineer
registered in the State of Pennsylvania. The traffic impact study
shall, at a minimum, contain the following components:
(a)
An executive summary which shall give a general overview of
the development: the general trip generation and distribution; a list
of study intersections or locations; level of service tables; mitigation
measures necessary to mitigate existing/forecasted deficiencies; mitigation
measures necessary to mitigate the proposed access; mitigation measures
that the applicant is willing to implement; signals warranted and
when; and auxiliary left turn lanes warranted and when. All supporting
documentation for the items contained within the executive summary
shall be supplied within the body of the traffic impact study.
(b)
The level of service tables shall summarize the locations studied;
the level of service in the base year; the level of service in the
design year without development; the level of service in the design
year with development and no mitigation; and the level of service
in the design year with development and with mitigation. Each level
of service shall be evaluated for morning peak times and evening peak
times. All calculations generated for level of service or seconds/vehicle
of delay must be developed using the latest revision of H.C.S. or
Transyt-7F and must be contained within the report.
(c)
A site location map, site plan, and supporting figures depicting
traffic volumes, trip percentages, and trip generation for all levels
of service.
V.
Roadway occupancy for aboveground facilities. In addition to all
other requirements of this section, roadway occupancy for aboveground
facilities shall meet the following additional requirements:
(1)
Any aboveground structures, proposed to traverse a roadway shall
be designed by a qualified professional engineer, registered in the
State of Pennsylvania.
(2)
Supporting structures shall be placed outside of the established
right-of-way for the roadway.
(3)
Supporting structures shall be protected from vehicular damage and
vice versa.
(4)
Structures crossing the roadway shall be a minimum of 18 feet above
the pavement surface and shoulder to preclude damage from any vehicle.
(5)
Utility poles shall be installed as near the right-of-way line of
the roadway as feasible.
The following describes the fees, insurance and bonding requirements
that must be maintained by the permittee:
A.
Fees. The Municipality may adopt by resolution from time to time
a reasonable schedule of fees to cover the cost of plan reviews, inspections,
and other activities necessary to administer the provisions of this
article.[1] All fees shall be set in accordance with the applicable
provisions of the Municipalities Planning Code,[2] and any dispute over the fee amount shall be resolved
in the manner prescribed by the Planning Code.
[1]
Editor's Note: Appendix A, Recommendations Regarding Fee Schedule for Roadway Occupancy Permits, is included as an attachment to this chapter.
[2]
Editor's Note: See 53 P.S. § 10101.
B.
Certificate of insurance. The applicant shall provide a certificate
of insurance to the Municipality, 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 coverage and it shall name the Municipality
as an additional insured. The Municipal representative 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. Any person maintaining pipe, lines or underground
conduits in or under the surface of any roadway by virtue of any statute,
ordinance or franchise may provide an annual certificate of insurance
to cover all work performed within the year, in an amount deemed acceptable
to the Municipal Solicitor.
C.
Restoration/maintenance bond. Each applicant shall provide the Municipality,
prior to issuance of the permit, with a restoration/maintenance bond
to guarantee full performance and maintenance of the work authorized
by the permit, the form of the bond to be acceptable to the Municipality.
The amount of the bond shall equal the cost to complete the work,
as estimated by the Municipal representative, including maintenance
of the work for a period of two years from the date of its acceptance;
however, 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 Municipality or a corporate surety
acceptable to the Municipality. The Municipal representative 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 Municipal representative deems necessary
to cover all the work to be done by the applicant under all such permits.
Any person maintaining pipe, lines or underground conduits in or under
the surface of any roadway by virtue of any statute, ordinance or
franchise may in lieu of a restoration/maintenance bond for each activity,
provide the Municipality with either an annual restoration maintenance
bond or an irrevocable letter of credit, the same in an amount deemed
acceptable to the Municipal solicitor.
A.
Default. If the Municipal representative determines that there has
been a default in the performance of the work, he shall give written
notice of the default to the permittee and its corporate surety or
creditor, if any, on the restoration/maintenance bond or irrevocable
letter of credit. 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.
B.
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 or creditor, the surety or
creditor shall be required, within the time specified, to either cause
the required corrections to be made or, in the alternative, pay over
to the Municipality a sum equal to the estimated cost of the Municipal
representative for the making of the corrections. Upon receipt of
such funds, the Municipal representative shall then proceed to have
the work completed; however, no liability shall be incurred by the
Municipality 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.
C.
Forfeiture of cash bond. Should the permittee have posted a cashier's
check as collateral to the bond, the Municipality 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 necessary
to pay all costs and expenses incurred by it, any part of such funds
remaining thereafter to be returned to the permittee.
D.
Term of bond. The effective term of the 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 Municipal representative.
A.
Notice to property owners. If, in the opinion of the Municipal representative,
the work to be undertaken is such that it will affect any property
which abuts or adjoins the area of the work, the Municipal representative
may require the permittee to give written notice of the same to the
owners and/or tenants of each such affected property. The permittee
shall provide proof of such notification to the Municipal representative
prior to the start of such work.
B.
Notice to Police/Fire Departments. If, in the opinion of the Municipal
representative, the work to be undertaken is such that it will prohibit
or restrict the flow of traffic on any roadway within the Municipality,
the Municipal representative may require the permittee to give written
notice of the same to the Police and Fire Departments of the Municipality.
The permittee shall provide proof of such notification to the Municipal
representative prior to the start of such 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, it
shall constitute a separate offense.
