[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Editor's Note: This ordinance also superseded former Art.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:
APPLICANT
Any person, as defined herein, who makes application for a permit.
EMERGENCY
Any unforeseen occurrence or combination of circumstances that calls for immediate action or remedy.
MUNICIPAL REPRESENTATIVE
The person officially appointed by the Municipality of Monroeville to enforce this article.
MUNICIPAL ROADWAY
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.
MUNICIPAL ROADWAY OCCUPANCY
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.
MUNICIPALITY
The Municipality of Monroeville, Allegheny County, Pennsylvania.
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
Any natural person, partnership, firm, association, corporation, Municipal authority or other governmental entity.
WORK
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.
E. 
The applicant shall post such bonds required by § 320-45C 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:
(1) 
All work shall conform to the Municipality's standard specifications contained within Appendix A of this article.[2]
[2]
Editor's Note: The Standards for Construction are included in an attachment to this chapter.
(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.
(3) 
All proposed accesses shall comply with the provisions of Chapter 319, Stormwater Management, Article I, Stormwater Peak Flow Rate Management,[3] of the Code of the Municipality of Monroeville.
[3]
Editor's Note: This refers to a prior version of Ch. 319. See now the current Ch. 319.
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.